STATE OF NEW YORK
2019-2020 Regular Sessions
January 9, 2019
Introduced by M. of A. L. ROSENTHAL, ZEBROWSKI, FAHY, RIVERA, SIMON,
GLICK, D'URSO, ENGLEBRIGHT, THIELE, WEPRIN, RAIA, LENTOL, JACOBSON,
STIRPE, FERNANDEZ, ORTIZ, BENEDETTO, CARROLL -- Multi-Sponsored by --
M. of A. FITZPATRICK, NIOU -- read once and referred to the Committee
on Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the tax law and the environmental conservation law, in
relation to establishing a bivalve mollusk shell recycling tax credit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 210-B of the tax law is amended by adding a new
2 subdivision 54 to read as follows:
3 54. Bivalve mollusk shell recycling credit. A taxpayer shall be
4 allowed a credit, to be computed as hereinafter provided against the tax
5 imposed by this article, for the recycling of bivalve mollusk shells.
6 The amount of the credit shall be the lesser of one thousand dollars, or
7 ten cents multiplied by the number of pounds of mollusk shells certified
8 by the New York state department of environmental conservation. The
9 credit allowed under this subdivision for any taxable year shall not
10 reduce the tax due for such year to less than the fixed dollar minimum
11 amount prescribed in paragraph (d) of subdivision one of section two
12 hundred ten of this article. In order for a taxpayer to qualify for this
13 credit, the shells shall be donated to an entity or organization permit-
14 ted by the department of environmental conservation to reuse such shells
15 for the beneficial use of oyster reef restoration.
16 § 2. Section 606 of the tax law is amended by adding a new subsection
17 (kkk) to read as follows:
18 (kkk) Bivalve mollusk shell recycling credit. (1) A taxpayer shall be
19 allowed a credit, to be computed as hereinafter provided against the tax
20 imposed by this article, for the recycling of bivalve mollusk shells.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 655--A 2
1 (2) The amount of the credit shall be the lesser of one thousand
2 dollars, or ten cents multiplied by the number of pounds of bivalve
3 mollusk shells certified by the New York state department of environ-
4 mental conservation.
5 (3) In order for a taxpayer to qualify for this credit, the shells
6 shall be donated to an entity or organization permitted by the depart-
7 ment of environmental conservation to reuse such shells for the benefi-
8 cial use of oyster reef restoration.
9 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
10 of the tax law is amended by adding a new clause (xlv) to read as
12 (xlv) Bivalve molluskAmount of credit under subdivision
13 shell recycling credit underfifty-four of section two
14 subsection (kkk)hundred ten-B
15 § 4. Subdivision 1 of section 3-0301 of the environmental conservation
16 law is amended by adding a new paragraph ee to read as follows:
17 ee. Establish rules and regulations regarding the verification and
18 certification of bivalve mollusk shells returned to the department for
19 recycling pursuant to the bivalve mollusk shell recycling tax credit
20 provided in sections two hundred ten-B and six hundred six of the tax
21 law and for such shells to be reused in the process of oyster reef
23 § 5. This act shall take effect immediately and shall apply to taxable
24 years beginning on or after January 1, 2020.