Bill Text: NY S00138 | 2017-2018 | General Assembly | Amended


Bill Title: Establishes a forestry stewardship and habitat conservation credit for personal income and business franchise taxes.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-06-18 - referred to ways and means [S00138 Detail]

Download: New_York-2017-S00138-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         138--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sens. LITTLE, ADDABBO, AVELLA, GALLIVAN, HOYLMAN, MURPHY,
          SEWARD, VALESKY -- read twice and ordered printed, and when printed to
          be committed to the Committee on Investigations and  Government  Oper-
          ations  --  recommitted to the Committee on Investigations and Govern-
          ment Operations 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 establishing a forestry
          stewardship and habitat conservation credit for  personal  income  and
          business franchise taxes
          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 (ccc) to read as follows:
     3    (ccc) Forestry stewardship and habitat conservation credit. (1) In the
     4  case  of  a taxpayer who owns land that is subject  to an agreement with
     5  the department of environmental conservation,  by  which  such  land  is
     6  committed  to  forestry  stewardship,  or habitat conservation, or both,
     7  there shall be allowed a credit for  twenty-five  percent  of  the  real
     8  property  taxes  paid on such land. In no event shall the credit allowed
     9  under this subsection in combination with any other credit for such real
    10  property taxes under this section exceed the total amount of such  taxes
    11  paid during the taxable year.
    12    (2) For the purposes of this subsection:
    13    (a)  "Eligible  tract"  shall mean a tract of land of at least twenty-
    14  five contiguous acres that has been inspected by the department of envi-
    15  ronmental conservation, a wildlife biologist certified by  The  Wildlife
    16  Society,  or  a  fisheries biologist certified by the American Fisheries
    17  Society, and based on such inspection is determined by the department of
    18  environmental conservation to be: valuable habitat for  wildlife,  fish,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00034-02-8

        S. 138--A                           2
     1  shellfish or crustacea; or safe and suitable for fish or wildlife-relat-
     2  ed  recreation, including fishing, hunting, trapping and wildlife obser-
     3  vation; or both. Land divided only by federal,  state,  county  or  town
     4  roads,  easements  or rights-of-way, or energy transmission corridors or
     5  similar facilities shall be considered contiguous for purposes  of  this
     6  section.
     7    (b)  "Agreement" shall mean a written agreement between the department
     8  of environmental conservation  and  the  owner  of  an  eligible  tract,
     9  executed  by  both parties, by which the eligible  tract is committed to
    10  habitat conservation, or forestry stewardship, or both, for a period  of
    11  not less than five years.
    12    (c)  "Approved  habitat conservation plan" shall mean a plan, approved
    13  by the department of environmental conservation, for the  management  of
    14  an  eligible  tract  which shall contain requirements and standards with
    15  which the owner of the eligible tract must comply in order  to  conserve
    16  the  value  of the land as wildlife, fish, shellfish, or crustacea habi-
    17  tat.
    18    (d) "Forestry  stewardship"  shall  mean  participation  in  a  forest
    19  certification program (such as Forest Stewardship Council certification,
    20  Sustainable  Forestry  Initiative,  American  Tree  Farm  Program, etc.)
    21  recognized in the regulations of the department of environmental conser-
    22  vation.
    23    (3) There is hereby created a New York state forestry stewardship  and
    24  habitat conservation program for the purpose of providing forested lands
    25  in  the state and conserving the value of land in the state as wildlife,
    26  fish, shellfish or crustacea habitat.
    27    (4) A landowner may make application to  the  department  of  environ-
    28  mental  conservation,  on  forms  prescribed by such department, to have
    29  land included in the New York state habitat  conservation  and  forestry
    30  stewardship  program.  If,  based  on  an  inspection of the land by the
    31  department of environmental conservation, or a wildlife biologist certi-
    32  fied by The Wildlife Society, or a fisheries biologist certified by  the
    33  American Fisheries Society, the department of environmental conservation
    34  determines  that  such  land  is  an eligible tract, it shall notify the
    35  landowner that the land is eligible for inclusion in the New York  state
    36  habitat conservation and forestry stewardship program.
    37    (5)   The   department  of  environmental  conservation  may,  in  its
    38  discretion, enter into agreements with owners  of  eligible  tracts  for
    39  purposes of forestry stewardship, or habitat conservation, or both. Such
    40  agreements  shall  be  for  a  minimum duration of five years, and shall
    41  contain a description of the property that is the subject of the  agree-
    42  ment, and such terms and conditions as the department deems appropriate,
    43  including, but not limited to:
    44    (a)  for forestry stewardship agreements, a description of the partic-
    45  ipation in a forest certification program for a period of not less  than
    46  five years;
    47    (b)  for habitat conservation agreements, a requirement that the land-
    48  owner develop a habitat conservation plan and implement the plan  for  a
    49  period of not less than five years;
    50    (c)  for  habitat  conservation and forestry stewardship agreements, a
    51  requirement that the landowner develop a habitat conservation  plan  and
    52  implement  the  plan  for  a  period  of not less than five years; and a
    53  description of participation in a forest  certification  program  for  a
    54  period of not less than five years;
    55    (d) a requirement that the landowner's obligations concerning the land
    56  under the terms of the agreement, as well as any benefits, shall pass to

        S. 138--A                           3
     1  any  successor  in interest to such land for the duration of the term of
     2  the agreement; and
     3    (e)  a requirement that a copy of the agreement shall be duly recorded
     4  and indexed as such in the office of the recording officer for the coun-
     5  ty or counties where the land is situate in  the  manner  prescribed  by
     6  article  nine  of the real property law; and that any subsequent instru-
     7  ment of conveyance relating to the property encumbered by the  agreement
     8  shall  reference,  by book and page number, the agreement; and that such
     9  instrument shall also specify  that  the  property  is  subject  to  the
    10  restrictions  contained in the agreement; and that an instrument for the
    11  purpose of creating, conveying, modifying or terminating  the  agreement
    12  shall not be effective unless recorded.
    13    (6)  The amount of the credit that may be claimed by a taxpayer pursu-
    14  ant to this subsection shall not exceed  ten  thousand  dollars  in  any
    15  given year.
    16    (7)  If the amount of the credit under this subsection for any taxable
    17  year shall exceed the taxpayer's tax for such year, the excess shall  be
    18  treated  as  an overpayment of tax to be credited or refunded in accord-
    19  ance with the provisions of section six hundred eighty-six of this arti-
    20  cle, provided, however, that no interest shall be paid thereon.
    21    § 2. Paragraph 4 of subsection (n) of section 606 of the tax  law,  as
    22  amended  by  section  2  of part F of chapter 62 of the laws of 2006, is
    23  amended to read as follows:
    24    (4) Qualified agricultural property. For purposes of this  subsection,
    25  the  term  "qualified  agricultural property" means land located in this
    26  state which is used in agricultural production, and  land  improvements,
    27  structures  and  buildings  (excluding buildings used for the taxpayer's
    28  residential purpose) located on such land which are used or occupied  to
    29  carry out such production. Qualified agricultural property also includes
    30  land  set  aside  or  retired  under a federal supply management or soil
    31  conservation program or land that at the time it becomes  subject  to  a
    32  conservation easement, as defined under subsection (kk) of this section,
    33  met  the requirements under this paragraph, and land that at the time it
    34  becomes subject to an agreement as defined in subsection (ccc)  of  this
    35  section met the requirements under this paragraph.
    36    §  3. Section 210-B of the tax law is amended by adding a new subdivi-
    37  sion 53 to read as follows:
    38    53. Forestry stewardship and habitat conservation credit. (1)  In  the
    39  case  of  a  taxpayer who owns land that is subject to an agreement with
    40  the department of environmental conservation,  by  which  such  land  is
    41  committed  to  forestry  stewardship,  or habitat conservation, or both,
    42  there shall be allowed a credit for   twenty-five percent  of  the  real
    43  property  taxes  paid on such land. In no event shall the credit allowed
    44  under this subdivision in combination with any  other  credit  for  such
    45  real  property  taxes under this section exceed the total amount of such
    46  taxes paid during the taxable year.
    47    (2) For the purposes of this subdivision:
    48    (a) "Eligible tract" shall mean a tract of land of  at  least  twenty-
    49  five contiguous acres that has been inspected by the department of envi-
    50  ronmental  conservation,  a wildlife biologist certified by The Wildlife
    51  Society, or a fisheries biologist certified by  the  American  Fisheries
    52  Society, and based on such inspection is determined by the department of
    53  environmental  conservation  to be: valuable habitat for wildlife, fish,
    54  shellfish or crustacea; or safe and suitable for fish or wildlife-relat-
    55  ed recreation, including fishing, hunting, trapping and wildlife  obser-
    56  vation;  or  both.  Land  divided only by federal, state, county or town

        S. 138--A                           4
     1  roads, easements or rights-of-way, or energy transmission  corridors  or
     2  similar  facilities  shall be considered contiguous for purposes of this
     3  section.
     4    (b)  "Agreement" shall mean a written agreement between the department
     5  of environmental conservation  and  the  owner  of  an  eligible  tract,
     6  executed  by  both  parties, by which the eligible tract is committed to
     7  habitat conservation, or forestry stewardship, or both, for a period  of
     8  not less than five years.
     9    (c)  "Approved  habitat conservation plan" shall mean a plan, approved
    10  by the department of environmental conservation, for the  management  of
    11  an  eligible  tract  which shall contain requirements and standards with
    12  which the owner of the eligible tract must comply in order  to  conserve
    13  the  value  of the land as wildlife, fish, shellfish, or crustacea habi-
    14  tat.
    15    (d) "Forestry  stewardship"  shall  mean  participation  in  a  forest
    16  certification program (such as Forest Stewardship Council certification,
    17  Sustainable  Forestry  Initiative,  American  Tree  Farm  Program, etc.)
    18  recognized in the regulations of the department of environmental conser-
    19  vation.
    20    (3) There is hereby created a New York state forestry stewardship  and
    21  habitat conservation program for the purpose of providing forested lands
    22  in  the state and conserving the value of land in the state as wildlife,
    23  fish, shellfish or crustacea habitat.
    24    (4) A landowner may make application to  the  department  of  environ-
    25  mental  conservation,  on  forms  prescribed by such department, to have
    26  land included in the New York state habitat  conservation  and  forestry
    27  stewardship  program.  If,  based  on  an  inspection of the land by the
    28  department of environmental conservation, or a wildlife biologist certi-
    29  fied by The Wildlife Society, or a fisheries biologist certified by  the
    30  American Fisheries Society, the department of environmental conservation
    31  determines  that  such  land  is  an eligible tract, it shall notify the
    32  landowner that the land is eligible for inclusion in the New York  state
    33  habitat conservation and forestry stewardship program.
    34    (5)   The   department  of  environmental  conservation  may,  in  its
    35  discretion, enter into agreements with owners  of  eligible  tracts  for
    36  purposes of habitat conservation, or forestry stewardship, or both. Such
    37  agreements  shall  be  for  a  minimum duration of five years, and shall
    38  contain a description of the property that is the subject of the  agree-
    39  ment, and such terms and conditions as the department deems appropriate,
    40  including, but not limited to:
    41    (a)  for forestry stewardship agreements, a description of the partic-
    42  ipation in a forest certification program for a period of not less  than
    43  five years;
    44    (b)  for habitat conservation agreements, a requirement that the land-
    45  owner develop a habitat conservation plan and implement the plan  for  a
    46  period of not less than five years;
    47    (c)  for  habitat  conservation and forestry stewardship agreements, a
    48  requirement that the landowner develop a habitat conservation  plan  and
    49  implement  the  plan  for  a  period  of not less than five years; and a
    50  description of participation in a forest  certification  program  for  a
    51  period of not less than five years;
    52    (d) a requirement that the landowner's obligations concerning the land
    53  under the terms of the agreement, as well as any benefits, shall pass to
    54  any  successor  in interest to such land for the duration of the term of
    55  the agreement; and

        S. 138--A                           5
     1    (e) a requirement that a copy of the agreement shall be duly  recorded
     2  and indexed as such in the office of the recording officer for the coun-
     3  ty  or  counties  where  the land is situate in the manner prescribed by
     4  article nine of the real property law; and that any  subsequent  instru-
     5  ment  of conveyance relating to the property encumbered by the agreement
     6  shall reference, by book and page number, the agreement; and  that  such
     7  instrument  shall  also  specify  that  the  property  is subject to the
     8  restrictions contained in the agreement; and that an instrument for  the
     9  purpose  of  creating, conveying, modifying or terminating the agreement
    10  shall not be effective unless recorded.
    11    (6) The amount of the credit that may be claimed by a taxpayer  pursu-
    12  ant  to  this  subdivision  shall not exceed ten thousand dollars in any
    13  given year.
    14    (7) If the amount of the credit under this subdivision for any taxable
    15  year shall exceed the taxpayer's tax for such year, the excess shall  be
    16  treated  as  an overpayment of tax to be credited or refunded in accord-
    17  ance with the provisions of section  one  thousand  eighty-six  of  this
    18  chapter, provided, however, that no interest shall be paid thereon.
    19    §  4. Paragraph (d) of subdivision 11 of section 210-B of the tax law,
    20  as added by section 17 of part A of chapter 59 of the laws of  2014,  is
    21  amended to read as follows:
    22    (d) Qualified agricultural property. For purposes of this subdivision,
    23  the  term  "qualified  agricultural property" means land located in this
    24  state which is used in agricultural production, and  land  improvements,
    25  structures  and  buildings  (excluding buildings used for the taxpayer's
    26  residential purpose) located on such land which are used or occupied  to
    27  carry out such production. Qualified agricultural property also includes
    28  land  set  aside  or  retired  under a federal supply management or soil
    29  conservation program [or], land that at the time it becomes subject to a
    30  conservation easement met the requirements under this paragraph and land
    31  that at the time it becomes subject to an  agreement  as  defined  under
    32  subdivision fifty-three of this section, met the requirements under this
    33  paragraph.
    34    §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    35  of the tax law is amended by adding a  new  clause  (xliv)  to  read  as
    36  follows:
    37  (xliv) Forest stewardship and        Amount of credit under
    38  habitat conservation                 subdivision fifty-three of
    39  credit under subsection (ccc)        section two hundred ten-B
    40    § 6. This act shall take effect immediately.
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