New York S 1229: Establishes a sustainable aviation fuel tax credit

Bill Text

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S01229 Summary:

BILL NOS01229 

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SAME ASNo Same As

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SPONSORMAY

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COSPNSRSTAVISKY

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MLTSPNSR

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Add §5-129, Energy L; add §§50 & 187-s, amd §§210-B & 606, Tax L; amd §75-0103, En Con L

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Establishes a sustainable aviation fuel tax credit at a rate of $1.25 per gallon, or $1.50 per gallon for sustainable aviation fuels made with domestically produced corn and/or soybeans; creates a certification process for aviation fuel as sustainable aviation fuel under NYSERDA; directs the NYS climate action council to incorporate the use of sustainable aviation fuel in its updated scoping plan.

Go to top S01229 Actions:

BILL NOS01229 

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01/08/2025REFERRED TO ENERGY AND TELECOMMUNICATIONS

01/07/2026REFERRED TO ENERGY AND TELECOMMUNICATIONS

Go to topS01229 Committee&nbspVotes:

Go to topS01229 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01229 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1229

 2025-2026 Regular Sessions

 IN SENATE

 January 8, 2025
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Energy and Telecommuni-
 cations

 AN ACT to amend the energy law and the tax law, in relation to estab-
 lishing a sustainable aviation fuel tax credit; to amend the environ-
 mental conservation law, in relation to directing the climate action
 council to incorporate the use of sustainable aviation fuel in its
 updated scoping plan; and providing for the repeal of such provisions
 upon expiration thereof

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The energy law is amended by adding a new section 5-129 to
 2 read as follows:
 3 § 5-129. Sustainable aviation fuel certification. 1. For the purposes
 4 of this section, the following terms shall have the following meanings:
 5 (a) "Applicable material" means (i) monoglycerides, diglycerides, and
 6 triglycerides; (ii) free fatty acids; and (iii) fatty acid esters.
 7 (b) "ASTM" means the American Society for Testing and Materials, which
 8 is a private organization that utilizes committees of industry represen-
 9 tatives and regulators to develop product quality standards and test
 10 methods to be used by industries, regulatory agencies, and purchasing
 11 agents.
 12 (c) "Authority" means the New York state energy research and develop-
 13 ment authority.
 14 (d) "Aviation gasoline" means any gasoline that is used to produce or
 15 generate power for propelling internal combustion engine aircraft,
 16 including but not limited to, any gasoline that is:
 17 (i) invoiced and billed by a producer, manufacturer, refiner, or blen-
 18 der to a distributor or dealer, by a distributor to a dealer or consum-
 19 er, or by a dealer to consumer, as "aviation gasoline" that meets spec-
 20 ifications in ASTM specification D910-16 or any other ASTM specification

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03212-01-5

 S. 1229 2

 1 as gasoline appropriate for use in producing or generating power for
 2 propelling internal combustion engine aircraft; or
 3 (ii) sold to a dealer of aviation gasoline for dispensing directly
 4 into the fuel tank of an aircraft.
 5 (e) "Biomass" means any organic material other than:
 6 (i) oil or natural gas, or any product thereof; or
 7 (ii) coal (including lignite) or any product thereof.
 8 (f) "Certified sustainable aviation fuel" means a sustainable aviation
 9 fuel certified as such by the authority pursuant to the provisions of
 10 this section.
 11 (g) "Certified qualifying SAF mixture" means a qualifying SAF mixture
 12 certified as such by the authority pursuant to the provisions of this
 13 section.
 14 (h) "Commissioner" means the president of the New York state energy
 15 research and development authority.
 16 (i) "Dealer" means any entity, except a distributor, engaged in the
 17 business of buying and selling gasoline and/or other petroleum products
 18 in this state.
 19 (j) "Distributor" means any entity that (i) receives petroleum
 20 products in New York state for storage and subsequent distribution by
 21 t