STATE OF NEW YORK
________________________________________________________________________
92--A
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, FAHY, ZEBROWSKI, SIMON, GLICK,
THIELE, WEPRIN, JACOBSON, STIRPE, BENEDETTO, CARROLL, EPSTEIN, COLTON,
SILLITTI, BORES -- Multi-Sponsored by -- M. of A. FITZPATRICK -- read
once and referred to the Committee on Ways and Means -- recommitted to
the Committee on Ways and Means in accordance with Assembly Rule 3,
sec. 2 -- 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 60 to read as follows:
3 60. 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 (ppp) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00035-05-4
A. 92--A 2
1 (ppp) Bivalve mollusk shell recycling credit. (1) A taxpayer shall be
2 allowed a credit, to be computed as hereinafter provided against the tax
3 imposed by this article, for the recycling of bivalve mollusk shells.
4 (2) The amount of the credit shall be the lesser of one thousand
5 dollars, or ten cents multiplied by the number of pounds of bivalve
6 mollusk shells certified by the New York state department of environ-
7 mental conservation.
8 (3) In order for a taxpayer to qualify for this credit, the shells
9 shall be donated to an entity or organization permitted by the depart-
10 ment of environmental conservation to reuse such shells for the benefi-
11 cial use of oyster reef restoration.
12 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
13 of the tax law is amended by adding a new clause (li) to read as
14 follows:
15 (li) Bivalve molluskAmount of credit under subdivision
16 shell recycling credit undersixty of section two
17 subsection (ppp)hundred ten-B
18 § 4. Subdivision 1 of section 3-0301 of the environmental conservation
19 law is amended by adding a new paragraph ee to read as follows:
20 ee. Establish rules and regulations regarding the verification and
21 certification of bivalve mollusk shells returned to the department for
22 recycling pursuant to the bivalve mollusk shell recycling tax credit
23 provided in sections two hundred ten-B and six hundred six of the tax
24 law and for such shells to be reused in the process of oyster reef
25 restoration.
26 § 5. This act shall take effect immediately and shall apply to taxable
27 years beginning on or after January 1, 2024.
