Establishes a biodiesel fuel tax exemption.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
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.
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