S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8476
 
                             I N  S E N A T E
 
                             February 2, 2024
                                ___________
 
 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 establishing the  fresh  air
   jobs tax credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "fresh air jobs act".
   §  2. Section 210-b of the tax law is amended by adding a new subdivi-
 sion 60 to read as follows:
   60. FRESH AIR JOBS TAX CREDIT. (A) ALLOWANCE OF  CREDIT.  FOR  TAXABLE
 YEARS  BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, AN
 ELIGIBLE TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS  PROVIDED
 IN THIS SUBDIVISION, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR HIRING
 AND EMPLOYING, FOR NOT LESS THAN TWENTY-FOUR MONTHS, A QUALIFIED EMPLOY-
 EE. THE TAXPAYER MAY CLAIM THE CREDIT IN THE YEAR IN WHICH THE QUALIFIED
 EMPLOYEE  COMPLETES TWENTY-FOUR MONTHS OF EMPLOYMENT BY THE TAXPAYER. IF
 THE TAXPAYER CLAIMS THE CREDIT ALLOWED UNDER THIS SECTION, THE  TAXPAYER
 MAY  NOT  USE  THE  HIRING OF A QUALIFIED EMPLOYEE THAT IS THE BASIS FOR
 THIS CREDIT IN THE BASIS OF ANY OTHER CREDIT ALLOWED UNDER THIS ARTICLE.
   (B) DEFINITIONS. (I) THE TERM "QUALIFIED EMPLOYEE" SHALL MEAN AN INDI-
 VIDUAL WHO IS A RESIDENT OF NEW YORK STATE.
   (II) THE TERM "ELIGIBLE TAXPAYER" SHALL MEAN A BUSINESS  PARTICIPATING
 IN  THE DEVELOPMENT OR PRODUCTION OF CLEAN WIND ENERGY BUILDOUT PROGRAMS
 IN THIS STATE.
   (C) EMPLOYER PROHIBITION. AN EMPLOYER SHALL NOT DISCHARGE AN  EMPLOYEE
 AND  HIRE A QUALIFYING EMPLOYEE SOLELY FOR THE PURPOSE OF QUALIFYING FOR
 THIS CREDIT.
   (D) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE TEN PERCENT OF THE
 TOTAL AMOUNT OF WAGES PAID TO THE QUALIFIED EMPLOYEE DURING THE  EMPLOY-
 EE'S  SECOND  FULL  YEAR  OF EMPLOYMENT. PROVIDED, HOWEVER, THAT, IF THE
 QUALIFIED EMPLOYEE WAS RECEIVING UNEMPLOYMENT INSURANCE BENEFITS AT  THE
 TIME  OF  HIRE FOR A MINIMUM OF THIRTEEN WEEKS, THE AMOUNT OF THE CREDIT
 SHALL BE FIFTEEN PERCENT OF THE TOTAL AMOUNT OF WAGES PAID TO THE QUALI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14381-01-4
 S. 8476                             2
 
 FIED EMPLOYEE DURING THE EMPLOYEE'S SECOND FULL YEAR OF EMPLOYMENT.  THE
 CREDIT  ALLOWED  PURSUANT  TO  THIS  SUBDIVISION SHALL NOT EXCEED IN ANY
 TAXABLE YEAR, FIVE THOUSAND DOLLARS FOR ANY QUALIFIED EMPLOYEE  AND  TEN
 THOUSAND  DOLLARS FOR ANY QUALIFIED EMPLOYEE WHO WAS RECEIVING UNEMPLOY-
 MENT INSURANCE BENEFITS AT THE TIME OF HIRE FOR A  MINIMUM  OF  THIRTEEN
 WEEKS.
   (E)  CARRYOVERS.  THE  CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR ANY
 TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH 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 ALLOWABLE
 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 NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
 MAY BE CARRIED OVER TO THE FOLLOWING THREE YEARS  AND  MAY  BE  DEDUCTED
 FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   (F)  IF  AN  ELIGIBLE  TAXPAYER  PROVIDES  CONTINUING EDUCATION OR JOB
 TRAINING TO A QUALIFIED EMPLOYEE UNDER THIS  SUBSECTION,  SUCH  TAXPAYER
 SHALL BE ELIGIBLE TO RECEIVE THE TAX CREDIT PROVIDED UNDER THIS SUBDIVI-
 SION IN THE FOLLOWING TAX YEAR.
   §  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) FRESH AIR JOBS TAX CREDIT       AMOUNT OF CREDIT UNDER SUBDIVISION
 UNDER SUBSECTION (WWW)               SIXTY OF SECTION TWO HUNDRED TEN-B
 
   §  4. Section 606 of the tax law is amended by adding a new subsection
 (www) to read as follows:
   (WWW) FRESH AIR JOBS TAX CREDIT. (1) ALLOWANCE OF CREDIT. FOR  TAXABLE
 YEARS  BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, AN
 ELIGIBLE TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS  PROVIDED
 IN  THIS SUBSECTION, AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR HIRING
 AND EMPLOYING, FOR NOT LESS THAN TWENTY-FOUR MONTHS, A QUALIFIED EMPLOY-
 EE. THE TAXPAYER MAY CLAIM THE CREDIT IN THE YEAR IN WHICH THE QUALIFIED
 EMPLOYEE COMPLETES TWENTY-FOUR MONTHS OF EMPLOYMENT BY THE TAXPAYER.  IF
 THE  TAXPAYER CLAIMS THE CREDIT ALLOWED UNDER THIS SECTION, THE TAXPAYER
 MAY NOT USE THE HIRING OF A QUALIFIED EMPLOYEE THAT  IS  THE  BASIS  FOR
 THIS CREDIT IN THE BASIS OF ANY OTHER CREDIT ALLOWED UNDER THIS ARTICLE.
   (2) DEFINITIONS. (A) THE TERM "QUALIFIED EMPLOYEE" SHALL MEAN AN INDI-
 VIDUAL WHO IS A RESIDENT OF NEW YORK STATE.
   (B)  THE  TERM "ELIGIBLE TAXPAYER" SHALL MEAN A BUSINESS PARTICIPATING
 IN THE DEVELOPMENT OR PRODUCTION OF CLEAN WIND ENERGY BUILDOUT  PROGRAMS
 IN THIS STATE.
   (3)  EMPLOYER PROHIBITION. AN EMPLOYER SHALL NOT DISCHARGE AN EMPLOYEE
 AND HIRE A QUALIFYING EMPLOYEE SOLELY FOR THE PURPOSE OF QUALIFYING  FOR
 THIS CREDIT.
   (4) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL BE TEN PERCENT OF THE
 TOTAL  AMOUNT OF WAGES PAID TO THE QUALIFIED EMPLOYEE DURING THE EMPLOY-
 EE'S SECOND FULL YEAR OF EMPLOYMENT. PROVIDED,  HOWEVER,  THAT,  IF  THE
 QUALIFIED  EMPLOYEE WAS RECEIVING UNEMPLOYMENT INSURANCE BENEFITS AT THE
 TIME OF HIRE FOR A MINIMUM OF THIRTEEN WEEKS, THE AMOUNT OF  THE  CREDIT
 SHALL BE FIFTEEN PERCENT OF THE TOTAL AMOUNT OF WAGES PAID TO THE QUALI-
 FIED EMPLOYEE DURING THE EMPLOYEE'S SECOND FULL YEAR OF EMPLOYMENT.  THE
 CREDIT ALLOWED PURSUANT TO THIS SUBSECTION SHALL NOT EXCEED IN ANY TAXA-
 BLE YEAR, FIVE THOUSAND DOLLARS FOR ANY QUALIFIED EMPLOYEE AND TEN THOU-
 S. 8476                             3
 
 SAND  DOLLARS  FOR ANY QUALIFIED EMPLOYEE WHO WAS RECEIVING UNEMPLOYMENT
 INSURANCE BENEFITS AT THE TIME OF HIRE FOR A MINIMUM OF THIRTEEN WEEKS.
   (5) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR  REFUNDED  AS  PROVIDED IN SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   (6) IF AN ELIGIBLE  TAXPAYER  PROVIDES  CONTINUING  EDUCATION  OR  JOB
 TRAINING  TO  A  QUALIFIED EMPLOYEE UNDER THIS SUBSECTION, SUCH TAXPAYER
 SHALL BE  ELIGIBLE  TO  RECEIVE  THE  TAX  CREDIT  PROVIDED  UNDER  THIS
 SUBSECTION IN THE FOLLOWING TAX YEAR.
   § 5. Beginning no later than 6 months after the effective date of this
 act, the department of taxation and finance shall contract with an inde-
 pendently  owned entity to compile data on the hiring practices of enti-
 ties participating in the development or production of clean wind energy
 buildout programs in this state who are awarded the fresh air  jobs  tax
 credit  established by this act, including but not limited to the number
 of employees hired who are New York state residents. No  later  than  12
 months  after  the effective date of this act, the commissioner of taxa-
 tion and finance shall publish such data on the department  of  taxation
 and finance's website.
   § 6. This act shall take effect immediately.