STATE OF NEW YORK
________________________________________________________________________
8436
IN SENATE
January 29, 2024
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
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:
18 (ppp) 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.
21 (2) The amount of the credit shall be the lesser of one thousand
22 dollars, or ten cents multiplied by the number of pounds of bivalve
23 mollusk shells certified by the New York state department of environ-
24 mental conservation.
25 (3) In order for a taxpayer to qualify for this credit, the shells
26 shall be donated to an entity or organization permitted by the depart-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00035-04-4
S. 8436 2
1 ment of environmental conservation to reuse such shells for the benefi-
2 cial use of oyster reef restoration.
3 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
4 of the tax law is amended by adding a new clause (li) to read as
5 follows:
6 (li) Bivalve molluskAmount of credit under subdivision
7 shell recycling credit undersixty of section two
8 subsection (ppp)hundred ten-B
9 § 4. Subdivision 1 of section 3-0301 of the environmental conservation
10 law is amended by adding a new paragraph ee to read as follows:
11 ee. Establish rules and regulations regarding the verification and
12 certification of bivalve mollusk shells returned to the department for
13 recycling pursuant to the bivalve mollusk shell recycling tax credit
14 provided in sections two hundred ten-B and six hundred six of the tax
15 law and for such shells to be reused in the process of oyster reef
16 restoration.
17 § 5. This act shall take effect immediately and shall apply to taxable
18 years beginning on or after January 1, 2024.
