S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7338
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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, 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 (bbb) to read as follows:
   (BBB)  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 TEN 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 TEN 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08008-01-3
              

 S. 7338                             2
 
 ERING ENVIRONMENTAL, SOCIAL AND ECONOMIC BENEFITS.  GREEN INFRASTRUCTURE
 SHALL INCLUDE BUT NOT BE LIMITED TO DOWNSPOUT  DISCONNECTION,  RAINWATER
 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.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 59 to read as follows:
   59.  GREEN  INFRASTRUCTURE  TAX  CREDIT.  (A)  A QUALIFIED BUSINESS AS
 DEFINED BY SUBSECTION (BBB) 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.
   § 3. This act shall take effect immediately and shall apply to taxable
 years commencing on and after such date.