Actions

Meetings

Investigations and Government Operations: Jun 1, 2012, Investigations and Government Operations: Jun 2, 2011, Rules: Jun 16, 2011, Rules: Jun 17, 2011

Calendars

Floor Calendar: Jun 16, 2011

Votes

Memo

 BILL NUMBER:  S1200

 TITLE OF BILL : An act to amend the tax law, in relation to establishing a biodiesel tax exemption

  PURPOSE : To establish a biodiesel (all blends) tax exemption in New York State.

 SUMMARY OF PROVISIONS : Section one amends paragraph 7 of subdivision (a) of section 301-b of the tax law to change the current exemption for B20 to include all biodiesel blends. The amount of the exemption is based on the percentage of biodiesel per gallon. Section two provides for an immediate effective date with provisions.

 EXISTING LAW : Chapter 109 of the laws of 2006 provides an exemption for B20 and no other blend.

 JUSTIFICATION : In 2006, New York state enacted Chapter 109 which provided a partial B20 biodiesel exemption. B20 is a blend of 20% biodiesel and 80% diesel. This legislation would expand the exemption to include any blend of biodiesel. New York should make every effort to foster the development and support the growth of the renewable fuels industry in the state.

 LEGISLATIVE HISTORY : New.

 FISCAL IMPLICATIONS : To be determined.

 EFFECTIVE DATE : Immediate, with provisions. 

Text

STATE OF NEW YORK
________________________________________________________________________

1200

2011-2012 Regular Sessions

IN SENATE

January 5, 2011
___________

Introduced  by  Sen.  GRIFFO -- 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, in relation to establishing a biodiesel tax
  exemption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph 7 of subdivision (a) of section 301-b of the tax
law, as added by section 4 of part W-1 of chapter 109  of  the  laws  of
2006, is amended to read as follows:
  (7)(i)  [Partial B20] BIODIESEL exemption. [B20] BIODIESEL imported or
caused to be imported into this state or produced, refined, manufactured
or compounded in this state by a  petroleum  business  registered  under
article twelve-A of this chapter, as a distributor of diesel motor fuel,
and then sold by such petroleum business.
  (ii)  Calculation  of [partial] exemption. The amount of the [partial]
exemption under this paragraph shall be [determined by  multiplying  the
quantity  of  B20 times twenty percent of the applicable taxes otherwise
imposed by this article on such fuel] EQUAL TO THE PERCENT OF  BIODIESEL
PER GALLON.
  (III)  FOR  PURPOSES  OF THIS PARAGRAPH, "BIODIESEL" SHALL MEAN A FUEL
COMPRISED EXCLUSIVELY OF MONO-ALKYL ESTERS OF  LONG  CHAIN  FATTY  ACIDS
DERIVED FROM VEGETABLE OILS OR ANIMAL FATS, DESIGNATED B100, WHICH MEETS
THE  SPECIFICATIONS  OF AMERICAN SOCIETY OF TESTING AND MATERIALS DESIG-
NATION D 6751.
  S 2. This act shall take effect immediately; provided,  however,  that
the amendments to paragraph 7 of subdivision (a) of section 301-b of the
tax  law  made by section one of this act shall not affect the repeal of
such paragraph and shall be deemed repealed therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04819-01-1