Bill Text: NY A05788 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to establishing a tree removal and emerald ash elimination credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-19 - referred to ways and means [A05788 Detail]

Download: New_York-2019-A05788-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5788
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Ways and Means
        AN ACT to amend the tax law, in relation to establishing a tree  removal
          and emerald ash elimination credit
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
     2  subsection (jjj) to read as follows:
     3    (jjj)  Tree  removal  and emerald ash elimination credit. (1) General.
     4  An individual taxpayer shall be  allowed  a  credit  for  taxable  years
     5  beginning on or after January first, two thousand twenty against the tax
     6  imposed by this article for the costs of removal of a tree infested with
     7  the  emerald  ash  borer  (Agurilus  planipennis),  when such removal is
     8  recommended by a certified arborist or forester for the lone  reason  of
     9  hosting  an  emerald ash borer infection. The amount of the credit shall
    10  be the lesser of three hundred dollars per tree or fifty percent of  the
    11  total cost of removal per tree.
    12    (2)  Tax  credit. An individual taxpayer shall be allowed a credit for
    13  taxable years beginning on or after January first, two  thousand  twenty
    14  against  the  tax  imposed by this article for the costs associated with
    15  insecticide injection treatments to a tree infected with the emerald ash
    16  borer. The amount of the credit shall  be  the  lesser  of  one  hundred
    17  dollars  per  tree  or  fifty percent of the total cost of treatment per
    18  tree.
    19    (3) Tree removal and emerald  ash  elimination  costs.  (A)  The  term
    20  "costs  of  removal" includes the cost of an assessment from an arborist
    21  or forester, any initial appraisals of the tree or trees,  municipal  or
    22  otherwise,  labor costs of removing the tree, any disposal fees, and any
    23  cleanup fees; except any state or local  sales  tax  applicable  to  the
    24  services performed.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02131-01-9

        A. 5788                             2
     1    (B)  The term "costs associated with insecticide injection treatments"
     2  includes the costs of an assessment from an arborist  or  forester,  any
     3  initial  appraisals  of the tree or trees, municipal or otherwise, costs
     4  of application services of the treatment or treatments, and any  follow-
     5  up  fees; except any state or local sales tax applicable to the services
     6  performed.
     7    (4) Amount of credit. The aggregate  amount  of  tax  credits  allowed
     8  under  this  subsection  in any calendar year statewide shall be twenty-
     9  five million dollars.
    10    (5) Tree removal and emerald ash elimination for qualified  taxpayers.
    11  A  property  owner  who  incurs  costs  for  removing  or  treating with
    12  injections a tree or trees as in  this  section,  must  be  removing  or
    13  injecting  the  tree  from  residential  property or mixed-use property,
    14  which is:
    15    (A) located in this state;
    16    (B) owned by the taxpayer; and
    17    (C) used by the taxpayer as his or her principal residence,  secondary
    18  residence, or rental property.
    19    (6)  When  credit  allowed. The credit provided for in this subsection
    20  shall be allowed with respect to  the  taxable  year,  commencing  after
    21  January  first,  two  thousand  twenty  in  which  the  removal  work is
    22  completed and paid for.
    23    (7) Carryover of credit. If the amount of the credit,  and  carryovers
    24  of  such  credit,  allowable  under this subsection for any taxable year
    25  shall exceed the taxpayer's tax for such year, such excess amount may be
    26  carried over to the five taxable years next following the  taxable  year
    27  with respect to which the credit is allowed and may be deducted from the
    28  taxpayer's tax for such year or years.
    29    § 2. This act shall take effect on the one hundred eightieth day after
    30  it  shall have become a law. Effective immediately, the addition, amend-
    31  ment and/or repeal of any rule or regulation necessary for the implemen-
    32  tation of this act on its effective date are authorized and directed  to
    33  be made and completed on or before such effective date.
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