NY State Senate Bill 2015-S428A

Senate Bill S428A

2015-2016 Legislative Session

Provides for the definition of "environmental zones" for purposes of the brownfield redevelopment tax credit

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2016	print number 428c
Jan 11, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jun 25, 2015	recommitted to rules
Jun 08, 2015	amended on third reading (t) 428b
May 27, 2015	ordered to third reading cal.959 committee discharged and committed to rules
Mar 03, 2015	print number 428a
Mar 03, 2015	amend and recommit to investigations and government operations
Jan 07, 2015	referred to investigations and government operations

Votes

- May 27, 2015 - Rules Committee Vote
  S428A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 27, 2015
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Hassell-Thompson

Bill Amendments

Original

C (Active)

2015-S428 - Details

See Assembly Version of this Bill:: A2854
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §21, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7200, A9711
2017-2018: A1858
2019-2020: A6723

2015-S428 - Summary

Provides for the definition of "environmental zones" for purposes of the brownfield redevelopment tax credit.

2015-S428 - Sponsor Memo

                                 BILL NUMBER:  S428

 TITLE OF BILL :  An act to amend the tax law, in relation to
environmental zones

 PURPOSE :

This bill amends the tax law to designate environmental zones based on
data from the 2010 census to ensure that the enhanced brownfield tax
credits are going to projects located in the most economically
distressed areas reflected by the most current economic data.

 SUMMARY OF PROVISIONS :

Section 1 amends the tax law to state that the Commissioner of
Economic Development shall use the most recent census data rather than
the 2000 census data when designating environmental zones for any
qualified site which the Department of Environmental Conservation has
issued a notice to the taxpayer on or after July 1, 2015 that its
request for participation has been accepted.

With respect to any qualified site which the Department of
Environmental Conservation has approved between January 1, 2012 and
June 30, 2015, environmental zones shall be designated based on
criteria using data from either the 2000 or most recent census. The
Commissioner shall make such designations and a list of all such

environmental zones before the later of ninety days after the
effective date of the chapter of the laws of 2015 that amended
paragraph 6 of subsection (b) of section 21 of the tax law or ninety
days following the official publication of the most recent census.

Section 2 states that this act shall take effect on July 1, 2015 and
shall apply to any qualified sites for which the Department of
Environmental Conservation has issued a notice to the taxpayer on or
after January 1, 2011 that its request for participation has been
accepted. This section further provides that the provisions of
subparagraph (C) of paragraph (6) of subsection (b) of section 21 of
the tax law shall apply to tax years beginning on and after January 1,
2015

 JUSTIFICATION :

Under New York State's Brownfield Cleanup Program, tax credits are
provided to taxpayers for the cleanup and redevelopment of
contaminated brownfield sites. Additional enhanced tax credits are
provided to taxpayers who rehabilitate contaminated sites that are
located in economically depressed areas designated as environmental
zones. Currently, environmental zones are designated by the
Commissioner of Economic Development if the qualified site meets
criteria based on data from the 2000 census. This bill amends the tax
law to designate environmental zones based on data from the most
recent census. This important change will ensure that enhanced tax
credits are going towards projects that are located in the most
economically distressed areas based on the most recent economic data.

Projects that are accepted into the Brownfield Cleanup Program after
July 1, 2015 will receive the enhanced tax credits only if they are
located in an environmental zone based on the most recent census data.
Projects that were accepted into the Brownfield Cleanup Program
between January 1, 2012 and June 30, 2015 will receive the enhanced
tax credits if they are located in an environmental zone based on
either the most recent census data or data from the 2000 census.
Existing projects that are in an environmental zone pursuant to data
from the 2000 census will continue to receive the enhanced tax
credits.

 LEGISLATIVE HISTORY :

2013-14: S.7200/A.9711 Passed Senate/Referred to Ways and Means

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect July 1, 2015.

2015-S428 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   428

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 environmental zones

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

  Section 1. Paragraph 6 of subsection (b) of section 21 of the tax law,
as  amended  by  section 1 of part H of chapter 577 of the laws of 2004,
subparagraph (B) and the closing paragraph as amended by  section  1  of
part G of chapter 62 of the laws of 2006, is amended to read as follows:
  (6) Environmental zones (EN-Zones). An "environmental zone" shall mean
an  area designated as such by the commissioner of economic development.
[Such] WITH RESPECT TO ANY QUALIFIED SITE FOR WHICH  THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION  HAS  ISSUED  A NOTICE TO THE TAXPAYER ON OR
AFTER JULY FIRST, TWO THOUSAND FIFTEEN  THAT  ITS  REQUEST  FOR  PARTIC-
IPATION  HAS  BEEN  ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF
THE ENVIRONMENTAL CONSERVATION LAW, SUCH areas so designated  are  areas
which  are census tracts and block numbering areas which, as of the [two
thousand] MOST RECENT census, satisfy either of the following criteria:
  (A) areas that have both:
  (i) a poverty rate of at least twenty percent for the  year  to  which
the data relate; and
  (ii)  an  unemployment  rate of at least one and one-quarter times the
statewide unemployment rate for the year to which the data relate, or;
  (B) areas that have a poverty rate of at least two times  the  poverty
rate for the county in which the areas are located for the year to which
the  data  relate provided, however, that a qualified site shall only be
deemed to be located in an environmental zone  under  this  subparagraph
[(B)]  if  such site was the subject of a brownfield site cleanup agree-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01718-01-5

S. 428                              2

ment pursuant to section 27-1409 of the environmental  conservation  law
that was entered into prior to September first, two thousand ten.
  (C)  WITH  RESPECT  TO  ANY QUALIFIED SITE FOR WHICH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE  TAXPAYER  BETWEEN
JANUARY  FIRST,  TWO  THOUSAND  ELEVEN  AND JUNE THIRTIETH, TWO THOUSAND
FIFTEEN THAT ITS REQUEST  FOR  PARTICIPATION  HAS  BEEN  ACCEPTED  UNDER
SUBDIVISION  SIX  OF  SECTION  27-1407 OF THE ENVIRONMENTAL CONSERVATION
LAW, ENVIRONMENTAL ZONES SHALL INCLUDE SUCH AREAS THAT MEET THE CRITERIA
CONTAINED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH AS  OF  EITHER  THE  TWO
THOUSAND CENSUS OR THE MOST RECENT CENSUS.
  Such  designation  shall  be made and a list of all such environmental
zones shall be established by the commissioner of  economic  development
[no  later  than  December  thirty-first,  two thousand four] BEFORE THE
LATER OF NINETY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND FIFTEEN THAT  AMENDED  THIS  PARAGRAPH  OR  NINETY  DAYS
FOLLOWING  THE OFFICIAL PUBLICATION OF THE MOST RECENT CENSUS, provided,
however, that a qualified site shall only be deemed to be located in  an
environmental zone under subparagraph (B) of this paragraph if such site
was  the  subject  of  a  brownfield  site cleanup agreement pursuant to
section 27-1409 of the environmental conservation law that  was  entered
into prior to September first, two thousand ten.
  S  2.  This  act shall take effect July 1, 2015 and shall apply to any
qualified sites for which the department of  environmental  conservation
has issued a notice to the taxpayer on or after January 1, 2011 that its
request  for  participation  has  been  accepted  under subdivision 6 of
section 27-1407 of the environmental conservation law, provided,  howev-
er,  that  the  provisions  of  subparagraph  (C)  of  paragraph  (6) of
subsection (b) of section 21 of the tax law, as added by section one  of
this  act  shall  apply  to  tax years beginning on and after January 1,
2015.

2015-S428A - Details

See Assembly Version of this Bill:: A2854
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §21, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7200, A9711
2017-2018: A1858
2019-2020: A6723

2015-S428A - Summary

Provides for the definition of "environmental zones" for purposes of the brownfield redevelopment tax credit.

2015-S428A - Sponsor Memo

                                BILL NUMBER:S428A

TITLE OF BILL:  An act to amend the tax law, in relation to
environmental zones

PURPOSE:

This bill amends the tax law to designate environmental zones based on
data from the most recent five estimate from the American Community
Survey to ensure that the enhanced brownfield tax credits are going to
projects located in the most economically distressed areas reflected
by the most current economic data.

SUMMARY OF PROVISIONS:

Section 1 amends the tax law to state that the Commissioner of
Economic Development shall use the most recent five year estimate from
the American Community Survey rather than the 2000 census data when
designating environmental zones for any qualified site which the
Department of Environmental Conservation has issued a notice to the
taxpayer on or after July 1, 2015 that its request for participation
has been accepted.

With respect to any qualified site which the Department of
Environmental Conservation has approved between January 1, 2012 and
June 30, 2015, environmental zones shall be designated based on

criteria using data from either the 2000 census or the most recent
five year estimate from the American Community Survey. The
Commissioner shall make such designations and a list of all such
environmental zones before the later of ninety days after the
effective date of the chapter of the laws of 2015 that amended
paragraph 6 of subsection (b) of section 21 of the tax law or ninety
days following the official publication of the most recent census.

Section 2 states that this act shall take effect on July 1, 2015 and
shall apply to any qualified sites for which the Department of
Environmental Conservation has issued a notice to the taxpayer on or
after January 1, 2011 that its request for participation has been
accepted. This section further provides that the provisions of
subparagraph (C) of paragraph (6) of subsection (b) of section 21 of
the tax law shall apply to tax years beginning on and after January 1,
2015.

JUSTIFICATION:

Under New York State's Brownfield Cleanup Program, tax credits are
provided to taxpayers for the cleanup and redevelopment of
contaminated brownfield sites. Additional enhanced tax credits are
provided to taxpayers who rehabilitate contaminated sites that are
located in economically depressed areas designated as environmental
zones. Currently, environmental zones are designated by the
Commissioner of Economic Development if the qualified site meets
criteria based on data from the 2000 census. This bill amends the tax
law to designate environmental zones based on data from the most
recent five year estimate from the American Community Survey. This
important change will ensure that enhanced tax credits are going


towards projects that are located in the most economically distressed
areas based on the most recent economic data.

Projects that are accepted into the Brownfield Cleanup Program after
July 1, 2015 will receive the enhanced tax credits only if they are
located in an environmental zone based on the most recent five year
estimate from the American Community Survey. Projects that were
accepted into the Brownfield Cleanup Program between January 1, 2012
and June 30, 2015 will receive the enhanced tax credits if they are
located in an environmental zone based on either the most recent five
year estimate from the American Community Survey or data from the 2000
census. Existing projects that are in an environmental zone pursuant
to data from the 2000 census will continue to receive the enhanced tax
credits.

LEGISLATIVE HISTORY:.

2013-14: S.7200/A.9711 Passed Senate/Referred to Ways and Means

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect July 1, 2015.

2015-S428A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 428--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to environmental zones

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

  Section 1. Paragraph 6 of subsection (b) of section 21 of the tax law,
as amended by section 1 of part H of chapter 577 of the  laws  of  2004,
subparagraph  (B)  and  the closing paragraph as amended by section 1 of
part G of chapter 62 of the laws of 2006, is amended to read as follows:
  (6) Environmental zones (EN-Zones). An "environmental zone" shall mean
an area designated as such by the commissioner of economic  development.
[Such]  WITH  RESPECT  TO ANY QUALIFIED SITE FOR WHICH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO  THE  TAXPAYER  ON  OR
AFTER  JULY  FIRST,  TWO  THOUSAND  FIFTEEN THAT ITS REQUEST FOR PARTIC-
IPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF  SECTION  27-1407  OF
THE  ENVIRONMENTAL  CONSERVATION LAW, SUCH areas so designated are areas
which are census tracts and block numbering areas which, [as of the  two
thousand  census]  AS  CALCULATED AS OF JANUARY FIRST OF EACH YEAR USING
THE MOST RECENT FIVE YEAR ESTIMATE FROM THE  AMERICAN  COMMUNITY  SURVEY
PUBLISHED  BY  THE  UNITES  STATES  CENSUS BUREAU, satisfy either of the
following criteria:
  (A) areas that have both:
  (i) a poverty rate of at least twenty percent for the  year  to  which
the data relate; and
  (ii)  an  unemployment  rate of at least one and one-quarter times the
statewide unemployment rate for the year to which the data relate, or;
  (B) areas that have a poverty rate of at least two times  the  poverty
rate for the county in which the areas are located for the year to which

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

                                                           LBD01718-02-5

S. 428--A                           2

the  data  relate provided, however, that a qualified site shall only be
deemed to be located in an environmental zone  under  this  subparagraph
[(B)]  if  such site was the subject of a brownfield site cleanup agree-
ment  pursuant  to section 27-1409 of the environmental conservation law
that was entered into prior to September first, two thousand ten.
  (C) WITH RESPECT TO ANY QUALIFIED SITE FOR  WHICH  THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION  HAS ISSUED A NOTICE TO THE TAXPAYER BETWEEN
JANUARY FIRST, TWO THOUSAND ELEVEN  AND  JUNE  THIRTIETH,  TWO  THOUSAND
FIFTEEN  THAT  ITS  REQUEST  FOR  PARTICIPATION  HAS BEEN ACCEPTED UNDER
SUBDIVISION SIX OF SECTION 27-1407  OF  THE  ENVIRONMENTAL  CONSERVATION
LAW, ENVIRONMENTAL ZONES SHALL INCLUDE SUCH AREAS THAT MEET THE CRITERIA
CONTAINED  IN  SUBPARAGRAPH  (A)  OF  THIS PARAGRAPH AS CALCULATED AS OF
JANUARY FIRST OF THE YEAR IN WHICH  THE  ACCEPTANCE  NOTICE  WAS  ISSUED
USING  THE  MOST  RECENT  FIVE YEAR ESTIMATE FROM THE AMERICAN COMMUNITY
SURVEY PUBLISHED BY THE UNITES STATES CENSUS BUREAU.
  Such designation shall be made and a list of  all  such  environmental
zones  shall  be established by the commissioner of economic development
[no later than December thirty-first,  two  thousand  four]  BEFORE  THE
LATER OF NINETY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF  TWO  THOUSAND  FIFTEEN  THAT  AMENDED  THIS PARAGRAPH OR NINETY DAYS
FOLLOWING THE OFFICIAL PUBLICATION OF THE MOST RECENT FIVE YEAR ESTIMATE
FROM THE AMERICAN COMMUNITY SURVEY PUBLISHED BY THE UNITED STATES CENSUS
BUREAU, provided, however, that a qualified site shall only be deemed to
be located in an environmental zone under subparagraph (B) of this para-
graph if such site was the subject of a brownfield site  cleanup  agree-
ment  pursuant  to section 27-1409 of the environmental conservation law
that was entered into prior to September first, two thousand ten.
  S 2. This act shall take effect July 1, 2015 and shall  apply  to  any
qualified  sites  for which the department of environmental conservation
has issued a notice to the taxpayer on or after January 1, 2011 that its
request for participation has  been  accepted  under  subdivision  6  of
section  27-1407 of the environmental conservation law, provided, howev-
er, that  the  provisions  of  subparagraph  (C)  of  paragraph  (6)  of
subsection  (b) of section 21 of the tax law, as added by section one of
this act shall apply to tax years beginning  on  and  after  January  1,
2015.

2015-S428B - Details

See Assembly Version of this Bill:: A2854
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §21, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7200, A9711
2017-2018: A1858
2019-2020: A6723

2015-S428B - Summary

Provides for the definition of "environmental zones" for purposes of the brownfield redevelopment tax credit.

2015-S428B - Sponsor Memo

                                BILL NUMBER:S428B

TITLE OF BILL:  An act to amend the tax law, in relation to the
definition of "environmental zones" for purposes of the brownfield
redevelopment tax credit

PURPOSE:  This bill amends the tax law to allow for the designation of
environmental zones based on data from the most recent five estimate
from the American Community Survey to ensure that the enhanced
brownfield tax credits are going to projects located in the most
economically distressed areas reflected by the most current economic
data.

SUMMARY OF PROVISIONS:

Section 1 amends the tax law to allow for the designation of
environmental zones based on data from the most recent five year
estimate from the American Community Survey, or data from the 2000
census. Projects that were accepted into the Brownfield Cleanup
Program between January 1, 2011 and June 30, 2015 will receive the
enhanced tax credits if they are located in an environmental zone
based on either the most recent five year estimate from the American
Community Survey or data from the 2000 census. Existing projects that
are in an environmental zone pursuant to data from the 2000 census
will continue to receive the enhanced tax credits.

Section 2 contains the effective date.

JUSTIFICATION:  Under New York State's Brownfield Cleanup Program, tax
credits are provided to taxpayers for the cleanup and redevelopment of
contaminated brownfield sites. Additional enhanced tax credits are
provided to taxpayers who rehabilitate contaminated sites that are
located in economically depressed areas designated as environmental
zones. Currently, environmental zones are designated by the
Commissioner of Economic Development if the qualified site meets
criteria based on data from the 2000 census. This bill amends the tax
law to allow for the designation of environmental zones based on data
from the most recent five year estimate from the American Community
Survey, or data from the 2000 census. This important change will
ensure that enhanced tax credits are going towards projects that are
located in the most economically distressed areas based on the most
recent economic data.

LEGISLATIVE HISTORY:  2013-14: S.7200/A.9711 Passed Senate/Referred to
Ways and Means

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall apply to tax years beginning on and
after January 1, 2015. Projects that were accepted into the Brownfield
Cleanup Program between January 1, 2011 and June 30, 2015 will receive
the enhanced tax credits if they are located in an environmental zone
based on either the most recent five year estimate from the American
Community Survey or data from the 2000 census.

2015-S428B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 428--B
    Cal. No. 959

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged and said bill  committed  to  the  Committee  on  Rules  --
  reported  favorably  from said committee to third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the tax law, in relation to the definition of  "environ-
  mental zones" for purposes of the brownfield redevelopment tax credit

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

  Section 1. Paragraph 6 of subsection (b) of section 21 of the tax  law
is amended by adding a new subparagraph (C) to read as follows:
  (C)  WITH  RESPECT  TO  ANY QUALIFIED SITE FOR WHICH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE  TAXPAYER  BETWEEN
JANUARY  FIRST,  TWO  THOUSAND  ELEVEN  AND JUNE THIRTIETH, TWO THOUSAND
FIFTEEN THAT ITS REQUEST  FOR  PARTICIPATION  HAS  BEEN  ACCEPTED  UNDER
SUBDIVISION  SIX  OF  SECTION  27-1407 OF THE ENVIRONMENTAL CONSERVATION
LAW, ENVIRONMENTAL ZONES SHALL INCLUDE SUCH AREAS THAT MEET THE CRITERIA
CONTAINED IN SUBPARAGRAPH (A) OF THIS  PARAGRAPH  AS  CALCULATED  AS  OF
JANUARY  FIRST  OF  THE  YEAR  IN WHICH THE ACCEPTANCE NOTICE WAS ISSUED
USING EITHER THE MOST RECENT FIVE YEAR ESTIMATE FROM THE AMERICAN COMMU-
NITY SURVEY PUBLISHED BY THE UNITES STATES CENSUS BUREAU OR  THE  CENSUS
DATA FOR THE YEAR TWO THOUSAND.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 23 of part BB of chapter 56 of the laws of 2015  takes
effect  and  shall apply to any qualified sites for which the department
of environmental conservation has issued a notice to the taxpayer on  or
after  January  1,  2011  that  its  request  for participation has been
accepted under subdivision 6 of section  27-1407  of  the  environmental

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01718-04-5

S. 428--B                           2

conservation law, provided, further, that the provisions of subparagraph
(C)  of paragraph (6) of subsection (b) of section 21 of the tax law, as
added by section one of this act shall apply to tax years  beginning  on
and after January 1, 2015.

2015-S428C (ACTIVE) - Details

See Assembly Version of this Bill:: A2854
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §21, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7200, A9711
2017-2018: A1858
2019-2020: A6723

2015-S428C (ACTIVE) - Summary

Provides for the definition of "environmental zones" for purposes of the brownfield redevelopment tax credit.

2015-S428C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S428C

 TITLE OF BILL :  An act to amend the tax law, in relation to the
definition of "environmental zones" for purposes of the brownfield
redevelopment tax credit

 PURPOSE : This bill amends the tax law to allow for the designation
of environmental zones based on data from the most recent five
estimate from the American Community Survey to ensure that the
enhanced brown-field tax credits are going to projects located in the
most economically distressed areas reflected by the most current
economic data.

 SUMMARY OF PROVISIONS :

Section 1 amends the tax law to allow for the designation of environ-
mental zones based on data from the most recent five year estimate
from the American Community Survey, or data from the 2000 census.
Projects that were accepted into the Brownfield Cleanup Program
between January 1, 2011 and June 30, 2016 will receive the enhanced
tax credits if they are located in an environmental zone based on
either the most recent five year estimate from the American Community
Survey or data from the 2000 census. Existing projects that are in an
environmental zone pursuant to data from the 2000 census will continue
to receive the enhanced tax credits.

Section 2 contains the effective date.

 JUSTIFICATION : Under New York State's Brownfield Cleanup Program,
tax credits are provided to taxpayers for the cleanup and
redevelopment of contaminated brownfield sites. Additional enhanced
tax credits are provided to taxpayers who rehabilitate contaminated
sites that are located in economically depressed areas designated as
environmental zones. Currently, environmental zones are designated by
the Commissioner of Economic Development if the qualified site meets
criteria based on data from the 2000 census. This bill amends the tax
law to allow for the designation of environmental zones based on data
from the most recent five year estimate from the American Community
Survey, or data from the 2000 census. This important change will
ensure that enhanced tax credits are going towards projects that are
located in the most economically distressed areas based on the most
recent economic data.

 LEGISLATIVE HISTORY : 2013-14: S.7200/A.9711 Passed Senate/Referred
to Ways and Means

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : This act shall take effect immediately and shall
apply to any qualified sites for which the department of environmental
conservation has issued a notice to the taxpayer on or after January
1, 2011 that its request for participation has been accepted under
subdivision 6 of section 27-1407 of the environmental conservation
law, provided, further, that the provisions of subparagraph (C) of
paragraph (6) of subsection (ID; of section 21 of the tax law, as
added by section one of this act shall apply to tax years beginning on
and after January 1, 2016.

2015-S428C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 428--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged and said bill  committed  to  the  Committee  on  Rules  --
  reported  favorably  from said committee to third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  -- recommitted to the Committee on Investigations and Government Oper-
  ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the tax law, in relation to the definition of  "environ-
  mental zones" for purposes of the brownfield redevelopment tax credit

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

  Section 1. Paragraph 6 of subsection (b) of section 21 of the tax  law
is amended by adding a new subparagraph (C) to read as follows:
  (C)  WITH  RESPECT  TO  ANY QUALIFIED SITE FOR WHICH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE  TAXPAYER  BETWEEN
JANUARY  FIRST,  TWO  THOUSAND  ELEVEN  AND JUNE THIRTIETH, TWO THOUSAND
SIXTEEN THAT ITS REQUEST  FOR  PARTICIPATION  HAS  BEEN  ACCEPTED  UNDER
SUBDIVISION  SIX  OF  SECTION  27-1407 OF THE ENVIRONMENTAL CONSERVATION
LAW, ENVIRONMENTAL ZONES SHALL INCLUDE SUCH AREAS THAT MEET THE CRITERIA
CONTAINED IN SUBPARAGRAPH (A) OF THIS  PARAGRAPH  AS  CALCULATED  AS  OF
JANUARY  FIRST  OF  THE  YEAR  IN WHICH THE ACCEPTANCE NOTICE WAS ISSUED
USING EITHER THE MOST RECENT FIVE YEAR ESTIMATE FROM THE AMERICAN COMMU-
NITY SURVEY PUBLISHED BY THE UNITES STATES CENSUS BUREAU OR  THE  CENSUS
DATA FOR THE YEAR TWO THOUSAND.
  S  2.  This  act  shall take effect immediately and shall apply to any
qualified sites for which the department of  environmental  conservation

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

                                                           LBD01718-06-6

S. 428--C                           2

has issued a notice to the taxpayer on or after January 1, 2011 that its
request  for  participation  has  been  accepted  under subdivision 6 of
section  27-1407  of  the  environmental  conservation  law,   provided,
further,  that  the  provisions  of subparagraph (C) of paragraph (6) of
subsection (b) of section 21 of the tax law, as added by section one  of
this  act  shall  apply  to  tax years beginning on and after January 1,
2016.

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Senate Bill S428A

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2015-S428 - Details

2015-S428 - Summary

2015-S428 - Sponsor Memo

2015-S428 - Bill Text download pdf

2015-S428A - Details

2015-S428A - Summary

2015-S428A - Sponsor Memo

2015-S428A - Bill Text download pdf

2015-S428B - Details

2015-S428B - Summary

2015-S428B - Sponsor Memo

2015-S428B - Bill Text download pdf

2015-S428C (ACTIVE) - Details

2015-S428C (ACTIVE) - Summary

2015-S428C (ACTIVE) - Sponsor Memo

2015-S428C (ACTIVE) - Bill Text download pdf

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