Senate Bill S4563B

2013-2014 Legislative Session

Includes the production of cellulosic ethanol, densified biofuel and renewable fuel oil within the biofuel production tax credit

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Archive: Last Bill Status - In Senate Committee Finance 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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Bill Amendments

co-Sponsors

2013-S4563 - Details

See Assembly Version of this Bill:
A9525
Current Committee:
Senate Finance
Law Section:
Tax Law
Laws Affected:
Ren §28 to be §42, amd §§42, 187-c, 210, 210-b & 606, Tax L
Versions Introduced in Other Legislative Sessions:
2015-2016: S1915, S6615, A6166
2017-2018: A1417

2013-S4563 - Summary

Includes the production of cellulosic ethanol, densified biofuel and renewable fuel oil within the biofuel production tax credit; expands the cap for such credit to $10,000,000 a year and expands the term for which a taxpayer may take such credit to 10 years.

2013-S4563 - Sponsor Memo

2013-S4563 - Bill Text download pdf

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

                                  4563

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
  Rural  Resources)  -- read twice and ordered printed, and when printed
  to be committed to the Committee on Energy and Telecommunications

AN ACT to amend the tax law, in relation to the biofuel production cred-
  it for the production of cellulosic  ethanol,  densified  biofuel  and
  renewable fuel oil

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

  Section 1. Section 28 of the tax law, as added by section 1 of part  X
of chapter 62 of the laws of 2006, subdivision (a) as amended by section
1  of part K of chapter 59 of the laws of 2012, is renumbered section 38
and amended to read as follows:
  S 38. Biofuel production credit.  (a) General. A taxpayer  subject  to
tax  under  article  nine, nine-A or twenty-two of this chapter shall be
allowed a credit against such tax pursuant to the provisions  referenced
in  subdivision  (d)  of  this section. The credit (or pro rata share of
earned credit in the case of a partnership) for each  gallon  of  LIQUID
biofuel produced at a biofuel plant on or after January first, two thou-
sand  six shall equal fifteen cents per gallon, OR TWENTY-FIVE CENTS PER
GALLON FOR PRODUCTION OF CELLULOSIC ETHANOL OR RENEWABLE FUEL OIL  after
the production of the first forty thousand gallons per year presented to
market.  THE  CREDIT FOR EACH BONE DRY TON OF DENSIFIED BIOFUEL PRODUCED
AT A BIOFUEL PLANT ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  SIX  SHALL
EQUAL FIFTEEN DOLLARS PER BONE DRY TON AFTER THE PRODUCTION OF THE FIRST
TEN  THOUSAND  TONS  PER YEAR PRESENTED TO MARKET. The credit under this
section shall be capped at [two and one-half] TEN  million  dollars  per
taxpayer  per taxable year for up to no more than [four] TEN consecutive
taxable years per biofuel plant. If the taxpayer is a partner in a part-
nership or shareholder of a New York S corporation, then the cap imposed
by the preceding sentence shall be applied at the entity level, so  that
the aggregate credit allowed to all the partners or shareholders of each

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10038-01-3
              

co-Sponsors

2013-S4563A - Details

See Assembly Version of this Bill:
A9525
Current Committee:
Senate Finance
Law Section:
Tax Law
Laws Affected:
Ren §28 to be §42, amd §§42, 187-c, 210, 210-b & 606, Tax L
Versions Introduced in Other Legislative Sessions:
2015-2016: S1915, S6615, A6166
2017-2018: A1417

2013-S4563A - Summary

Includes the production of cellulosic ethanol, densified biofuel and renewable fuel oil within the biofuel production tax credit; expands the cap for such credit to $10,000,000 a year and expands the term for which a taxpayer may take such credit to 10 years.

2013-S4563A - Sponsor Memo

2013-S4563A - Bill Text download pdf

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

                                 4563--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  GIPSON,  O'MARA,  RITCHIE, VALESKY -- (at
  request of the Legislative Commission  on  Rural  Resources)  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Energy  and  Telecommunications  --  recommitted  to  the
  Committee  on  Energy and Telecommunications in accordance with Senate
  Rule 6, sec. 8 -- reported favorably from said committee and committed
  to the Committee on Finance --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to the biofuel production cred-
  it  for  the  production  of cellulosic ethanol, densified biofuel and
  renewable fuel oil

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

  Section  1. Section 28 of the tax law, as added by section 1 of part X
of chapter 62 of the laws of 2006, is renumbered section 42.
  S 2. Subdivisions (a) and (b) of section 42 of the tax  law,  subdivi-
sion  (a) as amended by section 1 of part K of chapter 59 of the laws of
2012 and subdivision (b) as added by section 1 of part X of  chapter  62
of  the  laws of 2006, such section as renumbered by section one of this
act, are amended to read as follows:
  (a) General. A taxpayer subject to tax under article nine,  nine-A  or
twenty-two  of  this  chapter shall be allowed a credit against such tax
pursuant to  the  provisions  referenced  in  subdivision  (d)  of  this
section. The credit (or pro rata share of earned credit in the case of a
partnership)  for  each  gallon  of LIQUID biofuel produced at a biofuel
plant on or after January first, two thousand six  shall  equal  fifteen
cents  per  gallon,  OR  TWENTY-FIVE  CENTS PER GALLON FOR PRODUCTION OF
CELLULOSIC ETHANOL OR RENEWABLE FUEL OIL after  the  production  of  the
first  forty  thousand  gallons per year presented to market. THE CREDIT
FOR EACH BONE DRY TON OF DENSIFIED BIOFUEL PRODUCED AT A  BIOFUEL  PLANT
ON  OR AFTER JANUARY FIRST, TWO THOUSAND SIX SHALL EQUAL FIFTEEN DOLLARS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10038-05-4
              

co-Sponsors

2013-S4563B (ACTIVE) - Details

See Assembly Version of this Bill:
A9525
Current Committee:
Senate Finance
Law Section:
Tax Law
Laws Affected:
Ren §28 to be §42, amd §§42, 187-c, 210, 210-b & 606, Tax L
Versions Introduced in Other Legislative Sessions:
2015-2016: S1915, S6615, A6166
2017-2018: A1417

2013-S4563B (ACTIVE) - Summary

Includes the production of cellulosic ethanol, densified biofuel and renewable fuel oil within the biofuel production tax credit; expands the cap for such credit to $10,000,000 a year and expands the term for which a taxpayer may take such credit to 10 years.

2013-S4563B (ACTIVE) - Sponsor Memo

2013-S4563B (ACTIVE) - Bill Text download pdf

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

                                 4563--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  GIPSON,  O'MARA,  RITCHIE, VALESKY -- (at
  request of the Legislative Commission  on  Rural  Resources)  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Energy  and  Telecommunications  --  recommitted  to  the
  Committee  on  Energy and Telecommunications in accordance with Senate
  Rule 6, sec. 8 -- reported favorably from said committee and committed
  to the Committee on Finance --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the tax law, in relation to the biofuel production cred-
  it  for  the  production  of cellulosic ethanol, densified biofuel and
  renewable fuel oil

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

  Section  1. Section 28 of the tax law, as added by section 1 of part X
of chapter 62 of the laws of 2006, is renumbered section 42.
  S 2. Subdivisions (a) and (b) of section 42 of the tax  law,  subdivi-
sion  (a) as amended by section 1 of part K of chapter 59 of the laws of
2012 and subdivision (b) as added by section 1 of part X of  chapter  62
of  the  laws of 2006, such section as renumbered by section one of this
act, are amended to read as follows:
  (a) General. A taxpayer subject to tax under article nine,  nine-A  or
twenty-two  of  this  chapter shall be allowed a credit against such tax
pursuant to  the  provisions  referenced  in  subdivision  (d)  of  this
section. The credit (or pro rata share of earned credit in the case of a
partnership)  for  each  gallon  of LIQUID biofuel produced at a biofuel
plant on or after January first, two thousand six  shall  equal  fifteen
cents  per  gallon,  OR  TWENTY-FIVE  CENTS PER GALLON FOR PRODUCTION OF
CELLULOSIC ETHANOL OR RENEWABLE FUEL OIL after  the  production  of  the
first  forty  thousand  gallons per year presented to market. THE CREDIT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10038-06-4
              

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