S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4493
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M.  of  A.  J. MILLER  --  read once and referred to the
         Committee on Ways and Means
       AN ACT to amend the tax law, in relation to providing a tax  credit  and
         deduction for certain costs of testing well water
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subsection (d) of section 615 of the tax law is amended  by
    2  adding a new paragraph 5 to read as follows:
    3    (5)  EXPENSES INCURRED BY THE OWNER OF THE REAL PROPERTY FOR THE TEST-
    4  ING OF WELL WATER, NOT TO EXCEED FIVE HUNDRED DOLLARS  LESS  ANY  AMOUNT
    5  CLAIMED  AS  A  CREDIT  AGAINST  TAX  PURSUANT  TO  SECTION  SIX HUNDRED
    6  FIFTEEN-A OF THIS PART  BY  SAID  OWNER,  WHERE  THE  WELL  IN  QUESTION
    7  SERVICES  THE OWNER'S RESIDENCE. THE TEST MAY BE CONDUCTED FOR ANY LEGAL
    8  PURPOSE, BUT ANYONE CLAIMING THIS DEDUCTION WHERE, IN FACT, NO TEST  HAS
    9  BEEN  CONDUCTED  SHALL,  IN  ADDITION  TO  ANY  OTHER LEGAL RECOURSE, BE
   10  SUBJECT TO A CIVIL PENALTY OF TWO THOUSAND DOLLARS.
   11    S 2. The tax law is amended by adding a new section 615-a to  read  as
   12  follows:
   13    S  615-A. CREDIT FOR EXPENSES INCURRED BY AN OWNER OF REAL PROPERTY IN
   14  TESTING RESIDENTIAL WELL WATER. AN OWNER OF  RESIDENTIAL  REAL  PROPERTY
   15  SHALL  BE  ENTITLED TO A CREDIT AGAINST THE TAX OTHERWISE DUE UNDER THIS
   16  ARTICLE OF FIFTY DOLLARS FOR EXPENSES INCURRED  IN  TESTING  WELL  WATER
   17  WHERE  THE  TESTED  WELL  SERVICES  SUCH  REAL PROPERTY. THE TEST MAY BE
   18  CONDUCTED FOR ANY LEGAL PURPOSE, BUT ANYONE CLAIMING THIS CREDIT  WHERE,
   19  IN  FACT,  NO  TEST  HAS  BEEN CONDUCTED SHALL, IN ADDITION TO ANY OTHER
   20  LEGAL RECOURSE, BE SUBJECT TO A CIVIL PENALTY OF TWO THOUSAND DOLLARS.
   21    S 3. This act shall take effect immediately and  shall  apply  to  tax
   22  years beginning on and after January 1, 2011.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08201-01-1