S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9890

                          I N  A S S E M B L Y

                             April 22, 2016
                               ___________

Introduced by M. of A. HARRIS -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to  amend  the  tax law, in relation to credits against tax for
  homeowners and businesses who invest in green infrastructure

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  606  of  the  tax law is amended by adding a new
subsection (ccc) to read as follows:
  (CCC) CREDIT FOR HOMEOWNERS AND BUSINESSES TO INVEST IN GREEN  INFRAS-
TRUCTURE.  (1)  HOMEOWNERS WHO CONSTRUCT GREEN INFRASTRUCTURE AS PART OF
THEIR REAL PROPERTY, DURING THE  TAXABLE  YEAR,  SHALL  BE  ELIGIBLE  TO
RECEIVE   A  TAX  CREDIT  FOR  UP  TO  FIFTY  PERCENT  OF  THE  COST  OF
CONSTRUCTION, NOT EXCEEDING FIVE THOUSAND DOLLARS.
  (2) BUSINESSES WHO CONSTRUCT GREEN INFRASTRUCTURE  AS  PART  OF  THEIR
REAL  PROPERTY,  DURING THE TAXABLE YEAR, SHALL BE ELIGIBLE TO RECEIVE A
TAX CREDIT FOR UP TO FIFTY PERCENT OF  THE  COST  OF  CONSTRUCTION,  NOT
EXCEEDING FIVE THOUSAND DOLLARS.
  (3)  FOR  PURPOSES OF THIS SUBSECTION, THE FOLLOWING DEFINITIONS SHALL
APPLY:
  (A) "HOMEOWNER" IS DEFINED AS A NEW YORK RESIDENT FOR THE  PAST  TWEN-
TY-FOUR MONTHS AND WHO OWNS A SINGLE FAMILY OR MULTI-FAMILY DWELLING FOR
RESIDENTIAL PURPOSES WITHIN NEW YORK STATE.
  (B)  "BUSINESS" SHALL MEAN ANY BUSINESS WHOSE PRINCIPAL PLACE OF BUSI-
NESS IS LOCATED IN NEW YORK STATE, AND HAS BEEN LOCATED IN THE STATE FOR
THE PREVIOUS THIRTY-SIX MONTHS.
  (C) "GREEN INFRASTRUCTURE" SHALL MEAN  ANY  COST-EFFECTIVE,  RESILIENT
APPROACH  TO  MANAGING  WET WEATHER IMPACTS THAT PROVIDES MANY COMMUNITY
BENEFITS. FOR EXAMPLE, WHILE SINGLE-PURPOSE GRAY STORMWATER  INFRASTRUC-
TURE,  CONVENTIONAL  PIPED  DRAINAGE  AND  WATER  TREATMENT  SYSTEMS ARE
DESIGNED TO MOVE URBAN STORMWATER AWAY FROM THE BUILT ENVIRONMENT, GREEN
INFRASTRUCTURE REDUCES AND TREATS STORMWATER AT ITS SOURCE WHILE  DELIV-
ERING ENVIRONMENTAL, SOCIAL AND ECONOMIC BENEFITS.  GREEN INFRASTRUCTURE
SHALL  INCLUDE  BUT NOT BE LIMITED TO DOWNSPOUT DISCONNECTION, RAINWATER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14979-02-6
              

A. 9890                             2

HARVESTING, RAIN GARDENS, PLANTER BOXES, PERMEABLE PAVEMENTS, AND  GREEN
ROOFS.
  (D)  "DOWNSPOUT  DISCONNECTION"  SHALL  MEAN A PRACTICE WHICH REROUTES
ROOFTOP DRAINAGE PIPES FROM DRAINING RAINWATER INTO THE STORM  SEWER  TO
DRAINING IT INTO RAIN BARRELS, CISTERNS, OR PERMEABLE AREAS.
  (E)  "RAINWATER  HARVESTING"  SHALL  MEAN  A SYSTEM WHICH COLLECTS AND
STORES RAINFALL FOR LATER USE.  WHEN DESIGNED APPROPRIATELY,  THEY  SLOW
AND REDUCE RUNOFF AND PROVIDE A SOURCE OF WATER.
  (F) "RAIN GARDENS" SHALL MEAN VERSATILE FEATURES THAT CAN BE INSTALLED
IN  ALMOST ANY UNPAVED SPACE. ALSO KNOWN AS BIORETENTION OR BIOINFILTRA-
TION CELLS, RAIN GARDENS ARE SHALLOW, VEGETATED BASINS THAT COLLECT  AND
ABSORB  RUNOFF  FROM  ROOFTOPS,  SIDEWALKS,  AND  STREETS. THIS PRACTICE
MIMICS NATURAL HYDROLOGY BY INFILTRATING, AND EVAPORATING AND  TRANSPIR-
ING, OR "EVAPOTRANSPIRING," STORMWATER RUNOFF.
  (G)  "PLANTER BOXES" SHALL MEAN URBAN RAIN GARDENS WITH VERTICAL WALLS
AND EITHER OPEN OR CLOSED BOTTOMS. THEY COLLECT AND ABSORB  RUNOFF  FROM
SIDEWALKS,  PARKING  LOTS  AND  STREETS  AND ARE IDEAL FOR SPACE-LIMITED
SITES IN DENSE URBAN AREAS AND AS A STREETSCAPING ELEMENT.
  (H) "PERMEABLE PAVEMENTS" SHALL MEAN PAVEMENTS WHICH INFILTRATE, TREAT
AND/OR STORE RAINWATER WHERE IT FALLS. SUCH PAVEMENTS  CAN  BE  MADE  OF
PERVIOUS  CONCRETE,  POROUS  ASPHALT,  OR PERMEABLE INTERLOCKING PAVERS.
THIS PRACTICE COULD BE PARTICULARLY COST EFFECTIVE WHERE LAND VALUES ARE
HIGH AND FLOODING OR ICING IS A PROBLEM.
  (I) "GREEN ROOFS" SHALL MEAN ROOFS  COVERED  WITH  GROWING  MEDIA  AND
VEGETATION  THAT  ENABLE RAINFALL INFILTRATION AND EVAPOTRANSPIRATION OF
STORED WATER. SUCH ROOFS ARE PARTICULARLY COST-EFFECTIVE IN DENSE  URBAN
AREAS  WHERE  LAND  VALUES  ARE  HIGH  AND ON LARGE INDUSTRIAL OR OFFICE
BUILDINGS WHERE STORMWATER MANAGEMENT COSTS ARE LIKELY TO BE HIGH.
  S 2. Section 210-b of the tax law is amended by adding a new  subdivi-
sion 52 to read as follows:
  52.  GREEN  INFRASTRUCTURE  TAX  CREDIT.  (A)  A QUALIFIED BUSINESS AS
DEFINED BY SUBSECTION (CCC) OF SECTION SIX HUNDRED SIX OF  THIS  CHAPTER
SHALL  BE ENTITLED TO A CREDIT AGAINST TAX IMPOSED BY THIS ARTICLE.  THE
AMOUNT OF THE CREDIT SHALL BE  UP  TO  FIFTY  PERCENT  OF  THE  COST  OF
CONSTRUCTION, NOT EXCEEDING FIVE THOUSAND DOLLARS.
  (B) CARRYOVER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
BLE  YEAR  SHALL  NOT  REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE
AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED  TEN  OF  THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED
UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR  REDUCES  THE  TAX  TO  SUCH
AMOUNT,  OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR
MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN THAT TAXABLE
YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX  OF
THIS  CHAPTER.    PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF
SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS  CHAPTER  NOTWITHSTANDING,  NO
INTEREST WILL BE PAID THEREON.
  S 3. This act shall take effect immediately and shall apply to taxable
years commencing on and after such date.