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S1736Senate2017-2018 SessionSame asA673

Tax Credit for Permeable Surfaces

Official title

“Establishes a tax credit for homeowners and businesses to build permeable surfaces”

Sponsor David CarlucciSD-38Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill provides tax credits for New York homeowners and businesses that install permeable surfaces like driveways, sidewalks, or parking lots.

Why it matters

  1. Encourages environmentally friendly development. by making it more affordable for homeowners and businesses to install permeable surfaces, which help reduce stormwater runoff and mitigate local flooding risks.

  2. Targets long-term state residents and businesses. (homeowners need 24 months of residency; businesses must have been in NY for 36 months), aiming to reward those with established ties to the community and potentially prevent quick turnover just to claim credits.

  3. Defines and limits eligible projects. by specifying that only paving allowing water and air movement—such as certain driveways, sidewalks, and parking lots—qualifies, focusing the credit on materials and designs that actually benefit local water management.

  4. Caps both the percentage (50%) and total credit ($5,000). for each eligible project, balancing the incentive to invest in green infrastructure with the cost to the state’s tax base, and preventing over-subsidization of large or luxury projects.

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Who cares

Headline styles

Tax Credit for Permeable Surfaces

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Consumer Protection

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A673Assembly

Tax Credit for Permeable Surfaces

In Assembly Committee · Ways And Means · Sponsor Albert A. Stirpe

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1736

2017-2018 Regular Sessions

IN SENATE

January 10, 2017

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations

AN ACT to amend the tax law, in relation to credits against tax for homeowners and businesses to build permeable surfaces

The People of the State of New York, represented in Senate and Assembly, 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 build permeable surfaces. (1)(a) Homeowners who construct a permeable surface 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.

(b) For purposes of this subsection the following definitions shall apply:

(i) Homeowner is defined as a New York resident for the past twentyfour months and who owns a single family or multi-family dwelling for residential purposes within New York state.

(ii) Permeable surface, shall mean any permeable paving that allows the movement of water and air around the paving materials. A permeable surface shall include but not be limited to: sidewalks, driveways and parking lots.

(2)(a) Businesses who construct a permeable surface adjacent to or within one thousand feet of the 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.

(b) For purposes of this subsection the following definitions shall apply:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01851-01-7

S. 1736 2

(i) Business shall mean any business whose principal place of business is located in New York state, and has been located in the state for the previous thirty-six months.

(ii) Permeable surface, shall mean any permeable paving that allows the movement of water and air around the paving materials. A permeable surface shall include but not be limited to: sidewalks, driveways and parking lots.

§ 2. This act shall take effect immediately and shall apply to taxable years commencing on and after such date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the tax law, in relation to credits against tax for homeowners and businesses to build permeable surfaces

Purpose

The bill would provide homeowners and businesses a tax credit for constructing a permeable surface, such as a driveway or parking lot to help mitigate flooding.

Summary of provisions

Section 1. Adds a new subsection (ccc) to section 606 of the tax law to create a tax credit for homeowners and businesses who construct a permeable surface, during the taxable year, as part of or near their real property. The tax credit can be for up to 50% of the cost of construction but cannot exceed $5,000.

Section 2. Effective date.

Justification

Many counties across New York State experience extensive and devastating flood damage due to Hurricane Irene and Tropical Storm Lee. Future flood damage can be mitigated by incentivizing homeowners and businesses to construct permeable surfaces such as, paved driveways and parking lots which allow for the movement of water and air around the materials. Permeable surfaces could decrease future damages caused by flooding.

Legislative history

2015-16: S2163/A8383 - Investigations & Government Operations/ways and means 2013-14: S1787-A - Investigations & Government Operations 2012: S6750 - Investigations & Government Operations

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately and shall apply to taxable years commencing on and after such date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.