STATE OF NEW YORK ________________________________________________________________________ 4718 2019-2020 Regular Sessions IN SENATE March 21, 2019 ___________ Introduced by Sen. METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law and the environmental conservation law, in relation to establishing an oyster shell recycling tax credit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 210-B of the tax law is amended by adding a new 2 subdivision 53 to read as follows: 3 53. Oyster shell recycling credit. A taxpayer shall be allowed a cred- 4 it, to be computed as hereinafter provided against the tax imposed by 5 this article, for the recycling of oyster shells. The amount of the 6 credit shall be the lesser of one thousand dollars, or ten cents multi- 7 plied by the number of pounds of oyster shells certified by the New York 8 state department of environmental conservation. The credit allowed under 9 this subdivision for any taxable year shall not reduce the tax due for 10 such year to less than the fixed dollar minimum amount prescribed in 11 paragraph (d) of subdivision one of section two hundred ten of this 12 article. 13 § 2. Section 606 of the tax law is amended by adding a new subsection 14 (jjj) to read as follows: 15 (jjj) Oyster shell recycling credit. (1) A taxpayer shall be allowed a 16 credit, to be computed as hereinafter provided against the tax imposed 17 by this article, for the recycling of oyster shells. 18 (2) The amount of the credit shall be the lesser of one thousand 19 dollars, or ten cents multiplied by the number of pounds of oyster 20 shells certified by the New York state department of environmental 21 conservation. 22 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 23 of the tax law is amended by adding a new clause (xliv) to read as 24 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00526-01-9S. 4718 2 1 (xliv) Oyster shell recycling Amount of credit under subdivision 2 credit under subsection (jjj) 53 of section two hundred ten-B 3 § 4. Subdivision 1 of section 3-0301 of the environmental conservation 4 law is amended by adding a new paragraph ee to read as follows: 5 ee. The department shall establish rules and regulations regarding the 6 verification, certification, and use of oyster shells returned to the 7 department for recycling for the purposes of the oyster shell recycling 8 tax credit provided in sections two hundred ten-B and six hundred six of 9 the tax law. 10 § 5. This act shall take effect immediately and shall apply to taxable 11 years beginning on or after January 1, 2020.