Section 28*2. Biofuel production credit

(a) General. A taxpayer subject to
  tax under article nine, nine-A or twenty-two of this  chapter  shall  be
  allowed  a credit against such tax pursuant to the provisions referenced
  in subdivision (d) of this section. The credit (or  pro  rata  share  of
  earned  credit  in the case of a partnership) for each gallon of biofuel
  produced at a biofuel plant on or after January first, two thousand  six
  shall  equal  fifteen cents per gallon after the production of the first
  forty thousand gallons per year presented to market.  The  credit  under
  this  section  shall  be  capped at two and one-half million dollars per
  taxpayer per taxable year for  up  to  no  more  than  four  consecutive
  taxable years per biofuel plant.
    (b)  Definitions. For the purpose of this section, the following terms
  shall have the following meanings:
    (1) "Biofuel" means a fuel which includes biodiesel and  ethanol.  The
  term  "biodiesel"  shall mean a fuel comprised exclusively of mono-alkyl
  esters of long chain fatty acids derived from vegetable oils  or  animal
  fats,  designated  B100,  which  meets  the  specifications  of American
  Society of  Testing  and  Materials  designation  D  6751-02.  The  term
  "ethanol" shall mean ethyl alcohol manufactured in the United States and
  its  territories  and  sold (i) for fuel use and which has been rendered
  unfit for beverage use in a manner and which is produced at  a  facility
  approved  by the federal bureau of alcohol, tobacco and firearms for the
  production of ethanol for fuel, or (ii) as  denatured  ethanol  used  by
  blenders  and  refiners  which has been rendered unfit for beverage use.
  The term "biofuel" may also include any other standard approved  by  the
  New York state energy and research development authority.
    (2)  "Biofuel  plant"  means a commercial facility located in New York
  state at which one or more biofuels are produced.
    (c) Reporting requirements. A taxpayer wishing to claim a credit under
  this section shall annually certify to the commissioner (i) that biofuel
  produced at the eligible biofuel plant meets all existing standards  for
  biofuel  and (ii) the amount of biofuel produced at the eligible biofuel
  plant during a taxable year.
    (d) Cross-references. For application of the credit  provided  for  in
  this section, see the following provisions of this chapter:
    (1) Article 9: Section 187-c.
    (2) Article 9-A: Section 210, subdivision 38.
    (3) Article 22: Section 606, subsections (i) and (jj).
    * NB There are 2 § 28's