STATE OF NEW YORK
________________________________________________________________________
774
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
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Introduced by M. of A. LIFTON, COLTON, JAFFEE, WEISENBERG, CAHILL,
SCHIMMINGER -- Multi-Sponsored by -- M. of A. SWEENEY, TITONE, WEPRIN
-- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to establishing a tax credit
for businesses retrofitting heavy duty vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 210 of the tax law is amended by adding a new
2 subdivision 46 to read as follows:
3 46. Credit for businesses retrofitting heavy duty vehicles. (a) Gener-
4 al. A taxpayer whose business retrofits their heavy duty vehicles to
5 comply with the Diesel Emissions Reduction Act of 2006 shall be allowed
6 a credit against the tax imposed by this article, to be computed as
7 provided in paragraph (c) of this subdivision.
8 (b) Definitions. For purposes of this subdivision, the following terms
9 shall have the following meanings:
10 (i) "Heavy duty vehicle" or "vehicle" means any on and off-road vehi-
11 cle powered by diesel fuel and having a gross vehicle weight of greater
12 than eight thousand five hundred pounds, or in the case of a non-road
13 vehicle, a vehicle powered by diesel fuel and an engine with a rating of
14 at least seventy-five horsepower.
15 (ii) "Retrofitting" means addition of new or better pollution control
16 after-treatment equipment to diesel engines, upgrading a diesel engine
17 to a cleaner configuration and early replacement of older engines with
18 newer, cleaner engines.
19 (c) Amount of credit. The amount of credit shall be fifty percent of
20 the cost to the taxpayer for retrofitting their heavy duty vehicles to
21 comply with the Diesel Emissions Reduction Act of 2006. The credit
22 allowed under this subdivision for any taxable year shall not reduce the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02513-01-3
A. 774 2
1 tax due for such year to less than the higher of the amounts prescribed
2 in paragraphs (c) and (d) of subdivision one of this section.
3 § 2. Section 606 of the tax law is amended by adding a new subsection
4 (vv) to read as follows:
5 (vv) Credit for businesses retrofitting heavy duty vehicles. (1)
6 General. A taxpayer whose business retrofits their heavy duty vehicles
7 to comply with the Diesel Emissions Reduction Act of 2006 shall be
8 allowed a credit against the tax imposed by this article, to be computed
9 as provided in paragraph three of this subsection.
10 (2) Definitions. For purposes of this subsection, the following terms
11 shall have the following meanings:
12 (A) "Heavy duty vehicle" or "vehicle" means any on and off-road vehi-
13 cle powered by diesel fuel and having a gross vehicle weight of greater
14 than eight thousand five hundred pounds, or in the case of a non-road
15 vehicle, a vehicle powered by diesel fuel and an engine with a rating of
16 at least seventy-five horsepower.
17 (B) "Retrofitting" means addition of new or better pollution control
18 after-treatment equipment to diesel engines, upgrading a diesel engine
19 to a cleaner configuration and early replacement of older engines with
20 newer, cleaner engines.
21 (3) Amount of credit. The amount of credit shall be fifty percent of
22 the cost to the taxpayer for retrofitting their heavy duty vehicles to
23 comply with the Diesel Emissions Reduction Act of 2006. In no event
24 shall the credit provided in this subsection be allowed in excess of the
25 taxpayer's tax for such year.
26 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
27 of the tax law is amended by adding a new clause (xxxv) to read as
28 follows:
29 (xxxv) Credit for businessesAmount of credit
30 retrofitting heavy duty vehiclesunder subdivision
31 under subsection (vv)forty-six of section
32 two hundred ten
33 § 4. This act shall take effect immediately; provided, however, that
34 the credits established by sections one, two and three of this act shall
35 apply to taxable years beginning on or after January 1, 2011.
