What's happening
This bill expands the definition of "environmental zones" for brownfield redevelopment tax credits to include additional sites accepted into the program between 2011 and 2019.
Why it matters
Expands eligibility for brownfield tax credits to more redevelopment projects. By including sites accepted into the program between 2011 and 2019, the bill allows more property owners and developers to access state tax incentives, potentially accelerating cleanup and reuse of contaminated properties.
Provides flexibility in qualifying data. The bill permits the use of either the most recent five-year American Community Survey estimates or the 2000 Census data to determine if a site falls within an “environmental zone,” which could make it easier for some projects to qualify for credits, depending on shifting demographics.
Targets support to distressed communities. Because “environmental zones” are typically defined based on economic and environmental criteria (such as poverty and pollution levels), this expanded definition could channel redevelopment incentives to areas that have experienced persistent hardship, supporting both environmental justice and economic revitalization goals.
Applies retroactively and forward. The new criteria cover sites accepted as far back as 2011, possibly enabling projects that missed out on previous incentives to now qualify, which could spur stalled or under-resourced cleanups to move forward.
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Who cares
Brownfield developers and taxpayers
For qualified sites accepted by the Department of Environmental Conservation between January 1, 2011 and June 30, 2019, the bill would allow environmental-zone qualification using either the latest five-year American Community Survey estimate or 2000 census data.
New York State tax administrators
The bill would add an environmental-zone definition for the brownfield redevelopment tax credit that applies to tax years beginning on or after January 1, 2019.
Department of Environmental Conservation
The date of the department’s acceptance notice would determine which sites qualify for the added definition and which year is used to assess the environmental-zone criteria.
Headline styles
Clarify Brownfield Tax Zones
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Referred to ways and means
- Referred to ways and means
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6723
2019-2020 Regular Sessions
IN ASSEMBLY
March 15, 2019
Introduced by M. of A. PEOPLES-STOKES, BLAKE -- Multi-Sponsored by -- M. of A. GLICK -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the definition of "environmental zones" for purposes of the brownfield redevelopment tax credit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 6 of subsection (b) of section 21 of the tax law is amended by adding a new subparagraph (C) to read as follows:
(C) with respect to any qualified site for which the department of environmental conservation has issued a notice to the taxpayer between January first, two thousand eleven and June thirtieth, two thousand nineteen that its request for participation has been accepted under subdivision six of section 27-1407 of the environmental conservation law, environmental zones shall include such areas that meet the criteria contained in subparagraph (A) of this paragraph as calculated as of January first of the year in which the acceptance notice was issued using either the most recent five year estimate from the American community survey published by the Unites States Census Bureau or the census data for the year two thousand.
§ 2. This act shall take effect immediately and shall apply to any qualified sites for which the department of environmental conservation has issued a notice to the taxpayer on or after January 1, 2011 that its request for participation has been accepted under subdivision 6 of section 27-1407 of the environmental conservation law, provided, further, that the provisions of subparagraph (C) of paragraph 6 of subsection (b) of section 21 of the tax law, as added by section one of this act shall apply to tax years beginning on and after January 1, 2019.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04696-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.