Establishes a mollusk shell recycling tax credit; directs DEC to promulgate necessary regulations.
Summary
This bill creates a new New York tax credit for recycling bivalve mollusk shells, such as oyster, clam, and other shellfish shells. The credit would be available to taxpayers who donate certified shells to an entity or organization permitted by the Department of Environmental Conservation (DEC) to reuse the shells for oyster reef restoration. The credit is capped at the lesser of $1,000 or 10 cents per pound of certified shells.
The bill amends both the corporate franchise tax and the personal income tax provisions to make the credit available to businesses and individuals. It also requires the DEC to establish rules for verifying and certifying returned shells and for ensuring they are reused in reef restoration projects. The measure applies to taxable years beginning on or after January 1, 2025, and takes effect immediately.
Impact
The bill would add a new environmental tax incentive to the Tax Law by creating a bivalve mollusk shell recycling credit under both section 210-B (business/corporate tax) and section 606 (personal income tax), and it would conform related credit reporting provisions. It also amends the Environmental Conservation Law to direct DEC to adopt regulations for shell verification, certification, and reuse in oyster reef restoration. The practical effect is to encourage shell collection and donation programs, support coastal habitat restoration, and reduce waste from shellfish shells by tying tax benefits to certified recycling activities.
Sentiment
No committee transcript or recorded vote information is available, so there is no documented debate or formal vote history to gauge support or opposition. Based on the bill’s structure and caption, it appears to be framed as a pro-environment, pro-restoration measure with a targeted tax incentive rather than a broad tax change. The available context suggests a generally constructive policy intent focused on marine habitat restoration and recycling.
Contention
The main potential points of contention are likely to be administrative and fiscal rather than ideological. Questions may arise about the cost of the credit to state revenues, the burden on DEC to certify shells and regulate eligible reuse entities, and whether the credit is sufficiently targeted to produce meaningful oyster reef restoration benefits. Another possible issue is whether the program will be accessible to shell generators and whether the certification process could limit participation.