S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3227

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 23, 2009
                                      ___________

       Introduced by M. of A. THIELE -- read once and referred to the Committee
         on Ways and Means

       AN  ACT  to  amend  the  tax law, in relation to certain qualified solar
         energy system equipment expenditures

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Paragraph 2 of subsection (g-1) of section 606 of the tax
    2  law, as amended by chapter 378 of the laws of 2005, subparagraph (B)  as
    3  amended  by  chapter  251  of  the  laws  of 2006, is amended to read as
    4  follows:
    5    (2) Qualified solar energy system equipment expenditures. (A) The term
    6  "qualified solar energy system equipment  expenditures"  means  expendi-
    7  tures  for  the  purchase  of  solar  energy  system  equipment which is
    8  installed in connection with residential property which is  (i)  located
    9  in  this  state  and (ii) which is used by the taxpayer as EITHER his or
   10  her principal residence OR SECONDARY RESIDENCE at  the  time  the  solar
   11  energy system equipment is placed in service.
   12    (B) Such qualified expenditures shall include expenditures for materi-
   13  als, labor costs properly allocable to on-site preparation, assembly and
   14  original  installation,  architectural  and  engineering  services,  and
   15  designs and plans directly related to the construction  or  installation
   16  of the solar energy system equipment.
   17    (C)  Such  qualified  expenditures shall not include interest or other
   18  finance charges.
   19    S 2. This act shall take effect immediately.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03900-02-9