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A00787 Summary:

BILL NOA00787
 
SAME ASSAME AS S05181
 
SPONSORWoerner
 
COSPNSRFahy, Thiele, Colton, Carroll, Quart, Jones, Gottfried, Rosenthal L, Smullen, Lemondes
 
MLTSPNSRAbinanti, Seawright, Steck
 
Amd §§606 & 210-B, Tax L
 
Establishes a forestry stewardship and habitat conservation credit for personal income and business franchise taxes.
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A00787 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           787
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. WOERNER, FAHY, THIELE, COLTON, CARROLL, QUART,
          JONES, GOTTFRIED, L. ROSENTHAL, SMULLEN -- Multi-Sponsored by -- M. of
          A.   ABINANTI, SEAWRIGHT, STECK --  read  once  and  referred  to  the
          Committee on Ways and Means

        AN  ACT  to  amend  the  tax law, in relation to establishing a forestry
          stewardship and habitat conservation credit for  personal  income  and
          business franchise taxes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
     2  subsection (lll) to read as follows:
     3    (lll) Forestry stewardship and habitat conservation credit. (1) In the
     4  case  of  a taxpayer who owns land that is subject  to an agreement with
     5  the department of environmental conservation,  by  which  such  land  is
     6  committed  to  forestry  stewardship,  or habitat conservation, or both,
     7  there shall be allowed a credit for  twenty-five  percent  of  the  real
     8  property  taxes  paid on such land. In no event shall the credit allowed
     9  under this subsection in combination with any other credit for such real
    10  property taxes under this section exceed the total amount of such  taxes
    11  paid during the taxable year.
    12    (2) For the purposes of this subsection:
    13    (a)  "Eligible  tract"  shall mean a tract of land of at least twenty-
    14  five contiguous acres that has been inspected by the department of envi-
    15  ronmental conservation, a wildlife biologist certified by  The  Wildlife
    16  Society,  or  a  fisheries biologist certified by the American Fisheries
    17  Society, and based on such inspection is determined by the department of
    18  environmental conservation to be: valuable habitat for  wildlife,  fish,
    19  shellfish or crustacea; or safe and suitable for fish or wildlife-relat-
    20  ed  recreation, including fishing, hunting, trapping and wildlife obser-
    21  vation; or both. Land divided only by federal,  state,  county  or  town
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01180-01-1

        A. 787                              2
 
     1  roads,  easements  or rights-of-way, or energy transmission corridors or
     2  similar facilities shall be considered contiguous for purposes  of  this
     3  section.
     4    (b)  "Agreement" shall mean a written agreement between the department
     5  of environmental conservation  and  the  owner  of  an  eligible  tract,
     6  executed  by  both parties, by which the eligible  tract is committed to
     7  habitat conservation, or forestry stewardship, or both, for a period  of
     8  not less than five years.
     9    (c)  "Approved  habitat conservation plan" shall mean a plan, approved
    10  by the department of environmental conservation, for the  management  of
    11  an  eligible  tract  which shall contain requirements and standards with
    12  which the owner of the eligible tract must comply in order  to  conserve
    13  the  value  of the land as wildlife, fish, shellfish, or crustacea habi-
    14  tat.
    15    (d) "Forestry  stewardship"  shall  mean  participation  in  a  forest
    16  certification program (such as Forest Stewardship Council certification,
    17  Sustainable  Forestry  Initiative,  American  Tree  Farm  Program, etc.)
    18  recognized in the regulations of the department of environmental conser-
    19  vation.
    20    (3) There is hereby created a New York state forestry stewardship  and
    21  habitat conservation program for the purpose of providing forested lands
    22  in  the state and conserving the value of land in the state as wildlife,
    23  fish, shellfish or crustacea habitat.
    24    (4) A landowner may make application to  the  department  of  environ-
    25  mental  conservation,  on  forms  prescribed by such department, to have
    26  land included in the New York state habitat  conservation  and  forestry
    27  stewardship  program.  If,  based  on  an  inspection of the land by the
    28  department of environmental conservation, or a wildlife biologist certi-
    29  fied by The Wildlife Society, or a fisheries biologist certified by  the
    30  American Fisheries Society, the department of environmental conservation
    31  determines  that  such  land  is  an eligible tract, it shall notify the
    32  landowner that the land is eligible for inclusion in the New York  state
    33  habitat conservation and forestry stewardship program.
    34    (5)   The   department  of  environmental  conservation  may,  in  its
    35  discretion, enter into agreements with owners  of  eligible  tracts  for
    36  purposes of forestry stewardship, or habitat conservation, or both. Such
    37  agreements  shall  be  for  a  minimum duration of five years, and shall
    38  contain a description of the property that is the subject of the  agree-
    39  ment, and such terms and conditions as the department deems appropriate,
    40  including, but not limited to:
    41    (a)  for forestry stewardship agreements, a description of the partic-
    42  ipation in a forest certification program for a period of not less  than
    43  five years;
    44    (b)  for habitat conservation agreements, a requirement that the land-
    45  owner develop a habitat conservation plan and implement the plan  for  a
    46  period of not less than five years;
    47    (c)  for  habitat  conservation and forestry stewardship agreements, a
    48  requirement that the landowner develop a habitat conservation  plan  and
    49  implement  the  plan  for  a  period  of not less than five years; and a
    50  description of participation in a forest  certification  program  for  a
    51  period of not less than five years;
    52    (d) a requirement that the landowner's obligations concerning the land
    53  under the terms of the agreement, as well as any benefits, shall pass to
    54  any  successor  in interest to such land for the duration of the term of
    55  the agreement; and

        A. 787                              3
 
     1    (e) a requirement that a copy of the agreement shall be duly  recorded
     2  and indexed as such in the office of the recording officer for the coun-
     3  ty  or  counties  where  the land is situate in the manner prescribed by
     4  article nine of the real property law; and that any  subsequent  instru-
     5  ment  of conveyance relating to the property encumbered by the agreement
     6  shall reference, by book and page number, the agreement; and  that  such
     7  instrument  shall  also  specify  that  the  property  is subject to the
     8  restrictions contained in the agreement; and that an instrument for  the
     9  purpose  of  creating, conveying, modifying or terminating the agreement
    10  shall not be effective unless recorded.
    11    (6) The amount of the credit that may be claimed by a taxpayer  pursu-
    12  ant  to  this  subsection  shall  not exceed ten thousand dollars in any
    13  given year.
    14    (7) If the amount of the credit under this subsection for any  taxable
    15  year  shall exceed the taxpayer's tax for such year, the excess shall be
    16  treated as an overpayment of tax to be credited or refunded  in  accord-
    17  ance with the provisions of section six hundred eighty-six of this arti-
    18  cle, provided, however, that no interest shall be paid thereon.
    19    §  2.  Paragraph 4 of subsection (n) of section 606 of the tax law, as
    20  amended by section 2 of part F of chapter 62 of the  laws  of  2006,  is
    21  amended to read as follows:
    22    (4)  Qualified agricultural property. For purposes of this subsection,
    23  the term "qualified agricultural property" means land  located  in  this
    24  state  which  is used in agricultural production, and land improvements,
    25  structures and buildings (excluding buildings used  for  the  taxpayer's
    26  residential  purpose) located on such land which are used or occupied to
    27  carry out such production. Qualified agricultural property also includes
    28  land set aside or retired under a  federal  supply  management  or  soil
    29  conservation  program  or  land that at the time it becomes subject to a
    30  conservation easement, as defined under subsection (kk) of this section,
    31  met the requirements under this paragraph, and land that at the time  it
    32  becomes  subject  to an agreement as defined in subsection (lll) of this
    33  section met the requirements under this paragraph.
    34    § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
    35  sion 55 to read as follows:
    36    55.  Forestry  stewardship and habitat conservation credit. (1) In the
    37  case of a taxpayer who owns land that is subject to  an  agreement  with
    38  the  department  of  environmental  conservation,  by which such land is
    39  committed to forestry stewardship, or  habitat  conservation,  or  both,
    40  there  shall  be  allowed a credit for   twenty-five percent of the real
    41  property taxes paid on such land. In no event shall the  credit  allowed
    42  under  this  subdivision  in  combination with any other credit for such
    43  real property taxes under this section exceed the total amount  of  such
    44  taxes paid during the taxable year.
    45    (2) For the purposes of this subdivision:
    46    (a)  "Eligible  tract"  shall mean a tract of land of at least twenty-
    47  five contiguous acres that has been inspected by the department of envi-
    48  ronmental conservation, a wildlife biologist certified by  The  Wildlife
    49  Society,  or  a  fisheries biologist certified by the American Fisheries
    50  Society, and based on such inspection is determined by the department of
    51  environmental conservation to be: valuable habitat for  wildlife,  fish,
    52  shellfish or crustacea; or safe and suitable for fish or wildlife-relat-
    53  ed  recreation, including fishing, hunting, trapping and wildlife obser-
    54  vation; or both. Land divided only by federal,  state,  county  or  town
    55  roads,  easements  or rights-of-way, or energy transmission corridors or

        A. 787                              4
 
     1  similar facilities shall be considered contiguous for purposes  of  this
     2  section.
     3    (b)  "Agreement" shall mean a written agreement between the department
     4  of environmental conservation  and  the  owner  of  an  eligible  tract,
     5  executed  by  both  parties, by which the eligible tract is committed to
     6  habitat conservation, or forestry stewardship, or both, for a period  of
     7  not less than five years.
     8    (c)  "Approved  habitat conservation plan" shall mean a plan, approved
     9  by the department of environmental conservation, for the  management  of
    10  an  eligible  tract  which shall contain requirements and standards with
    11  which the owner of the eligible tract must comply in order  to  conserve
    12  the  value  of the land as wildlife, fish, shellfish, or crustacea habi-
    13  tat.
    14    (d) "Forestry  stewardship"  shall  mean  participation  in  a  forest
    15  certification program (such as Forest Stewardship Council certification,
    16  Sustainable  Forestry  Initiative,  American  Tree  Farm  Program, etc.)
    17  recognized in the regulations of the department of environmental conser-
    18  vation.
    19    (3) There is hereby created a New York state forestry stewardship  and
    20  habitat conservation program for the purpose of providing forested lands
    21  in  the state and conserving the value of land in the state as wildlife,
    22  fish, shellfish or crustacea habitat.
    23    (4) A landowner may make application to  the  department  of  environ-
    24  mental  conservation,  on  forms  prescribed by such department, to have
    25  land included in the New York state habitat  conservation  and  forestry
    26  stewardship  program.  If,  based  on  an  inspection of the land by the
    27  department of environmental conservation, or a wildlife biologist certi-
    28  fied by The Wildlife Society, or a fisheries biologist certified by  the
    29  American Fisheries Society, the department of environmental conservation
    30  determines  that  such  land  is  an eligible tract, it shall notify the
    31  landowner that the land is eligible for inclusion in the New York  state
    32  habitat conservation and forestry stewardship program.
    33    (5)   The   department  of  environmental  conservation  may,  in  its
    34  discretion, enter into agreements with owners  of  eligible  tracts  for
    35  purposes of habitat conservation, or forestry stewardship, or both. Such
    36  agreements  shall  be  for  a  minimum duration of five years, and shall
    37  contain a description of the property that is the subject of the  agree-
    38  ment, and such terms and conditions as the department deems appropriate,
    39  including, but not limited to:
    40    (a)  for forestry stewardship agreements, a description of the partic-
    41  ipation in a forest certification program for a period of not less  than
    42  five years;
    43    (b)  for habitat conservation agreements, a requirement that the land-
    44  owner develop a habitat conservation plan and implement the plan  for  a
    45  period of not less than five years;
    46    (c)  for  habitat  conservation and forestry stewardship agreements, a
    47  requirement that the landowner develop a habitat conservation  plan  and
    48  implement  the  plan  for  a  period  of not less than five years; and a
    49  description of participation in a forest  certification  program  for  a
    50  period of not less than five years;
    51    (d) a requirement that the landowner's obligations concerning the land
    52  under the terms of the agreement, as well as any benefits, shall pass to
    53  any  successor  in interest to such land for the duration of the term of
    54  the agreement; and
    55    (e) a requirement that a copy of the agreement shall be duly  recorded
    56  and indexed as such in the office of the recording officer for the coun-

        A. 787                              5
 
     1  ty  or  counties  where  the land is situate in the manner prescribed by
     2  article nine of the real property law; and that any  subsequent  instru-
     3  ment  of conveyance relating to the property encumbered by the agreement
     4  shall  reference,  by book and page number, the agreement; and that such
     5  instrument shall also specify  that  the  property  is  subject  to  the
     6  restrictions  contained in the agreement; and that an instrument for the
     7  purpose of creating, conveying, modifying or terminating  the  agreement
     8  shall not be effective unless recorded.
     9    (6)  The amount of the credit that may be claimed by a taxpayer pursu-
    10  ant to this subdivision shall not exceed ten  thousand  dollars  in  any
    11  given year.
    12    (7) If the amount of the credit under this subdivision for any taxable
    13  year  shall exceed the taxpayer's tax for such year, the excess shall be
    14  treated as an overpayment of tax to be credited or refunded  in  accord-
    15  ance  with  the  provisions  of  section one thousand eighty-six of this
    16  chapter, provided, however, that no interest shall be paid thereon.
    17    § 4. Paragraph (d) of subdivision 11 of section 210-B of the tax  law,
    18  as  added  by section 17 of part A of chapter 59 of the laws of 2014, is
    19  amended to read as follows:
    20    (d) Qualified agricultural property. For purposes of this subdivision,
    21  the term "qualified agricultural property" means land  located  in  this
    22  state  which  is used in agricultural production, and land improvements,
    23  structures and buildings (excluding buildings used  for  the  taxpayer's
    24  residential  purpose) located on such land which are used or occupied to
    25  carry out such production. Qualified agricultural property also includes
    26  land set aside or retired under a  federal  supply  management  or  soil
    27  conservation program [or], land that at the time it becomes subject to a
    28  conservation easement met the requirements under this paragraph and land
    29  that  at  the  time  it becomes subject to an agreement as defined under
    30  subdivision fifty-five of this section, met the requirements under  this
    31  paragraph.
    32    §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    33  of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
    34  follows:
 
    35  (xlvi) Forest stewardship and        Amount of credit under
    36  habitat conservation                 subdivision fifty-five of
    37  credit under subsection (lll)        section two hundred ten-B
    38    § 6. This act shall take effect immediately.
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