S 6883: Establishes a mollusk shell recycling tax credit; directs DEC to promulgate necessary regulations.

  
  STATE OF NEW YORK ________________________________________________________________________ 6883 2025-2026 Regular Sessions  IN SENATE March 26, 2025 ___________ 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: 1 Section 1. Section 210-B of the tax law is amended by adding a new 2 subdivision 61 to read as follows: 3 61. Bivalve mollusk shell recycling credit. A taxpayer shall be 4 allowed a credit, to be computed as hereinafter provided against the tax 5 imposed by this article, for the recycling of bivalve mollusk shells. 6 The amount of the credit shall be the lesser of one thousand dollars, or 7 ten cents multiplied by the number of pounds of mollusk shells certified 8 by the New York state department of environmental conservation. The 9 credit allowed under this subdivision for any taxable year shall not 10 reduce the tax due for such year to less than the fixed dollar minimum 11 amount prescribed in paragraph (d) of subdivision one of section two 12 hundred ten of this article. In order for a taxpayer to qualify for this 13 credit, the shells shall be donated to an entity or organization permit- 14 ted by the department of environmental conservation to reuse such shells 15 for the beneficial use of oyster reef restoration. 16 § 2. Section 606 of the tax law is amended by adding a new subsection 17 (qqq) to read as follows: 18 (qqq) Bivalve mollusk shell recycling credit. (1) A taxpayer shall be 19 allowed a credit, to be computed as hereinafter provided against the tax 20 imposed by this article, for the recycling of bivalve mollusk shells. 21 (2) The amount of the credit shall be the lesser of one thousand 22 dollars, or ten cents multiplied by the number of pounds of bivalve 23 mollusk shells certified by the New York state department of environ- 24 mental conservation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01335-01-5 
 S. 6883 2 1 (3) In order for a taxpayer to qualify for this credit, the shells 2 shall be donated to an entity or organization permitted by the depart- 3 ment of environmental conservation to reuse such shells for the benefi- 4 cial use of oyster reef restoration. 5 § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 6 of the tax law is amended by adding a new clause (lii) to read as 7 follows: 8 (lii) Bivalve mollusk Amount of credit under subdivision 9 shell recycling credit under sixty-one of section two 10 subsection (qqq) hundred ten-B 11 § 4. Subdivision 1 of section 3-0301 of the environmental conservation 12 law is amended by adding a new paragraph ee to read as follows: 13 ee. Establish rules and regulations regarding the verification and 14 certification of bivalve mollusk shells returned to the department for 15 recycling pursuant to the bivalve mollusk shell recycling tax credit 16 provided in sections two hundred ten-B and six hundred six of the tax 17 law and for such shells to be reused in the process of oyster reef 18 restoration. 19 § 5. This act shall take effect immediately and shall apply to taxable 20 years beginning on or after January 1, 2025.