NY State Senate Bill 2023-S8436

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2024	referred to investigations and government operations

2023-S8436 (ACTIVE) - Details

See Assembly Version of this Bill:: A92
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L; amd §3-0301, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A584
2019-2020: S4718, A655
2021-2022: S4741, A258

2023-S8436 (ACTIVE) - Summary

Establishes a mollusk shell recycling tax credit; directs DEC to promulgate necessary regulations.

2023-S8436 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8436

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the tax law and the environmental conservation law, in
relation to establishing a bivalve mollusk shell recycling tax credit

 
PURPOSE:

This bill will create an oyster shell recycling tax credit in New York
State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Section 210-B of the tax law by adding a new subdivi-
sion 55. Section two amends Section 606 of the tax law by adding a new
subsection (kkk).

Section three amends Subparagraph (B) of paragraph 1 of subsection (i)
of section 606 of the tax law by adding a new clause (xlv1).

Section four amends Subdivision 1 of section 3-0301 of the environmental
conservation law by adding a new paragraph (ee).

Section five sets forth the effective date.

 
JUSTIFICATION:

Oysters have always been a staple of the New York Harbor, at one time
covering as many as 220,000 acres of the Hudson River estuary.  Gradual-
ly, however, the oyster has become nearly extinct due to high rates of
toxicity from sewage, dredging and pollutants in the Hudson and Raritan
Rivers. While the water quality has improved, it is still by no means
suitable for the oyster species to return to normalcy.

Oysters play an integral role in the urban ecosystem. Oysters are
responsible for filtering water, providing habitats for other marine
species, and reducing wave and tidal energy. These "natural water
filters" (also called filter-feeders) remove excess nitrogen from the
water column and prevent the explosion of algae. These algae blooms can
block sunlight that underwater plants need to survive and consume
dissolved oxygen that fish need to breathe. Oysters filter the water
through their gills and digest the toxic particles. An adult oyster can
filter about 50 gallons of water per day, but there are not nearly
enough oysters to filter the New York Harbor or other similar bodies of
water.

In an effort to restore the oyster population and naturally clean the
New York Harbor, environmental organizations, such as the Billion Oyster
Project, administer a voluntary program whereby restaurants can donate
oyster shells that the Billion Oyster Project uses to grow new oysters
that are put back into New York Harbor. Over 60 restaurants voluntarily
participate in this program in New York City and hundreds of thousands
of pounds of shells are collected and put (after growing new oyster
spat) into New York Harbor each year. Each restaurant incurs time and
expense for its employees to collect and prepare the oysters shells for
donations.

This bill will provide a tax credit in an amount equal to $0.10 for each
pound of oyster shells recycled during the tax year, not to exceed
$1,000.00 per taxpayer. Other states, such as Maryland and North Caroli-
na, already have similar legislation in place to encourage more oyster
shell donations. Not only will this improve the quality of water in the
Hudson River and surrounding bodies, but it will also create a cleaner
New York Harbor for all species.

 
LEGISLATIVE HISTORY:

2021-22: A.258 - Referred to Ways and Means; S.4741- Referred to Budget
and Revenue

2019-20: A.655-A - Referred to Ways and Means; S.4718-A - Referred to
Budget and Revenue

2017-18: A.584 - Referred to Ways and Means

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable years
beginning on or after January 1, 2024.

2023-S8436 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8436
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law and the environmental conservation  law,  in
   relation to establishing a bivalve mollusk shell recycling tax credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 210-B of the tax law is amended  by  adding  a  new
 subdivision 60 to read as follows:
   60.  BIVALVE  MOLLUSK  SHELL  RECYCLING  CREDIT.  A  TAXPAYER SHALL BE
 ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER PROVIDED AGAINST THE TAX
 IMPOSED BY THIS ARTICLE, FOR THE RECYCLING OF  BIVALVE  MOLLUSK  SHELLS.
 THE AMOUNT OF THE CREDIT SHALL BE THE LESSER OF ONE THOUSAND DOLLARS, OR
 TEN CENTS MULTIPLIED BY THE NUMBER OF POUNDS OF MOLLUSK SHELLS CERTIFIED
 BY  THE  NEW  YORK  STATE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE
 CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY  TAXABLE  YEAR  SHALL  NOT
 REDUCE  THE  TAX DUE FOR SUCH YEAR TO LESS THAN THE FIXED DOLLAR MINIMUM
 AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION  TWO
 HUNDRED TEN OF THIS ARTICLE. IN ORDER FOR A TAXPAYER TO QUALIFY FOR THIS
 CREDIT, THE SHELLS SHALL BE DONATED TO AN ENTITY OR ORGANIZATION PERMIT-
 TED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO REUSE SUCH SHELLS
 FOR THE BENEFICIAL USE OF OYSTER REEF RESTORATION.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (ppp) to read as follows:
   (PPP) BIVALVE MOLLUSK SHELL RECYCLING CREDIT. (1) A TAXPAYER SHALL  BE
 ALLOWED A CREDIT, TO BE COMPUTED AS HEREINAFTER PROVIDED AGAINST THE TAX
 IMPOSED BY THIS ARTICLE, FOR THE RECYCLING OF BIVALVE MOLLUSK SHELLS.
   (2)  THE  AMOUNT  OF  THE  CREDIT  SHALL BE THE LESSER OF ONE THOUSAND
 DOLLARS, OR TEN CENTS MULTIPLIED BY THE  NUMBER  OF  POUNDS  OF  BIVALVE
 MOLLUSK  SHELLS  CERTIFIED  BY THE NEW YORK STATE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION.
   (3) IN ORDER FOR A TAXPAYER TO QUALIFY FOR  THIS  CREDIT,  THE  SHELLS
 SHALL  BE  DONATED TO AN ENTITY OR ORGANIZATION PERMITTED BY THE DEPART-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00035-04-4

 S. 8436                             2
 
 MENT OF ENVIRONMENTAL CONSERVATION TO REUSE SUCH SHELLS FOR THE  BENEFI-
 CIAL USE OF OYSTER REEF RESTORATION.
   §  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by  adding  a  new  clause  (li)  to  read  as
 follows:
 (LI) BIVALVE MOLLUSK                 AMOUNT OF CREDIT UNDER SUBDIVISION
 SHELL RECYCLING CREDIT UNDER         SIXTY OF SECTION TWO
 SUBSECTION (PPP)                     HUNDRED TEN-B
   § 4. Subdivision 1 of section 3-0301 of the environmental conservation
 law is amended by adding a new paragraph ee to read as follows:
   EE.  ESTABLISH  RULES  AND  REGULATIONS REGARDING THE VERIFICATION AND
 CERTIFICATION OF BIVALVE MOLLUSK SHELLS RETURNED TO THE  DEPARTMENT  FOR
 RECYCLING  PURSUANT  TO  THE  BIVALVE MOLLUSK SHELL RECYCLING TAX CREDIT
 PROVIDED IN SECTIONS TWO HUNDRED TEN-B AND SIX HUNDRED SIX  OF  THE  TAX
 LAW  AND  FOR  SUCH  SHELLS  TO  BE REUSED IN THE PROCESS OF OYSTER REEF
 RESTORATION.
   § 5. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2024.

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Senate Bill S8436

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S8436 (ACTIVE) - Details

2023-S8436 (ACTIVE) - Summary

2023-S8436 (ACTIVE) - Sponsor Memo

2023-S8436 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8436

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S8436 (ACTIVE) - Details

2023-S8436 (ACTIVE) - Summary

2023-S8436 (ACTIVE) - Sponsor Memo

2023-S8436 (ACTIVE) - Bill Text download pdf

Comments