Bill Text: NY S02708 | 2019-2020 | General Assembly | Amended

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

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO BUDGET AND REVENUE [S02708 Detail]

Download: New_York-2019-S02708-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2708--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 29, 2019
                                       ___________

        Introduced  by  Sens.  KENNEDY, BAILEY, HOYLMAN, SANDERS, SAVINO -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Budget  and  Revenue  --  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 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 (kkk) to read as follows:
     3    (kkk) 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02131-02-9
        S. 2708--A                          2

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