S04025 Summary:

BILL NOS04025
 
SAME ASNo same as
 
SPONSORMAZIARZ
 
COSPNSRGOLDEN, BALL, BONACIC, FELDER, HANNON, LATIMER, SAMPSON, SEWARD
 
MLTSPNSR
 
Add S73, Pub Serv L; amd SS210 & 606, Tax L
 
Establishes a retail filling station emergency generating system tax credit.
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S04025 Actions:

BILL NOS04025
 
03/05/2013REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/08/2014REFERRED TO ENERGY AND TELECOMMUNICATIONS
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S04025 Floor Votes:

There are no votes for this bill in this legislative session.
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S04025 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4025
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      March 5, 2013
                                       ___________
 
        Introduced  by Sens. MAZIARZ, GOLDEN, BONACIC, FUSCHILLO, HANNON, LATIM-
          ER, SEWARD -- read twice and ordered printed, and when printed  to  be
          committed to the Committee on Energy and Telecommunications
 
        AN  ACT  to amend the public service law and the tax law, in relation to
          establishing the retail filling station emergency generating tax cred-
          it
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The public service law is amended by adding a new section
     2  73 to read as follows:
     3    § 73. Coordination with certain provisions of the tax law. The depart-
     4  ment may request from the department of taxation and finance a  list  of
     5  retail  filling stations that have been granted a retail filling station
     6  emergency generating system tax credit as such credit  is  described  in
     7  subdivision  forty-six  of  section  two hundred ten of the tax law. The
     8  list shall include the location of the  filling  station  receiving  the
     9  credit,  a  description  of the emergency generating system to which the

    10  credit relates, the amount of the credit, and the tax year for which the
    11  credit was granted.
    12    § 2. Section 210 of the tax law is amended by adding a new subdivision
    13  46 to read as follows:
    14    46. Retail filling station emergency generating system tax credit. (a)
    15  Allowance of credit. A taxpayer who is engaged in the business of  sell-
    16  ing motor fuel or diesel motor fuel at retail shall be allowed a credit,
    17  to be computed as provided in paragraph (c) of this subdivision, against
    18  the  tax imposed by this article for the purchase and installation of an
    19  emergency back-up generator or a renewable emergency  generating  system
    20  that  is capable of providing emergency power to fuel pumps at a filling

    21  station owned by the taxpayer that is located in this state. A  taxpayer
    22  may claim credit pursuant to this subdivision for each emergency back-up
    23  generator  or renewable emergency generating system installed at a fill-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08915-01-3

        S. 4025                             2
 
     1  ing station owned by  the  taxpayer  that  is  located  in  this  state;
     2  provided, however, that the taxpayer shall not claim more than one cred-
     3  it for any one filling station.
     4    (b) Definitions. For purposes of this subdivision, the following defi-

     5  nitions shall apply:
     6    (1) "At retail" shall mean a filling station where such fuel is stored
     7  primarily  for  sale  by  delivery  directly into the ordinary fuel tank
     8  connected with the engine of a motor vehicle to be consumed in the oper-
     9  ation of such motor vehicle or where such fuel is stored  primarily  for
    10  sale by delivery directly into the ordinary fuel tank connected with the
    11  engine of a vessel to be consumed in the operation of such vessel.
    12    (2)  "Diesel motor fuel" shall have the same meaning as the term high-
    13  way diesel motor fuel as defined in section two  hundred  eighty-two  of
    14  this chapter.
    15    (3)  "Filling station" shall mean any premises whereon the retail sale

    16  of motor fuels is conducted as the principal business.
    17    (4) "Renewable emergency generating system" shall  mean  a  generating
    18  system  powered  by  a  renewable  energy  technology, including but not
    19  limited to solar, wind or fuel cell, operating in concert with an energy
    20  storage device, including but not limited to a battery storage device or
    21  devices, flywheel or similar device.
    22    (5) "Emergency back-up generator"  shall  mean  a  back-up  generating
    23  system,  other  than  a  renewable  emergency generating system, that is
    24  capable of providing emergency power to fuel pumps at a filling station.
    25    (6) "Motor fuel" shall have the same meaning as in section two hundred
    26  eighty-two of this chapter.

    27    (c) Amount of credit. The amount of credit shall be equal to the less-
    28  er of (i) the cost to purchase and install an emergency back-up  genera-
    29  tor or a renewable emergency generating system, as applicable at a fill-
    30  ing station located in this state minus any amounts for such purchase or
    31  installation that were deducted by the taxpayer for federal purposes, or
    32  (ii)  five  thousand dollars in the case of an emergency back-up genera-
    33  tor, or fifteen thousand dollars in the case of  a  renewable  emergency
    34  generating system.
    35    (d)  Application  of credit. The credit allowed under this subdivision
    36  for any taxable year will not reduce the tax due for such year  to  less
    37  than  the  higher of the amounts prescribed in paragraph (c) of subdivi-

    38  sion one of this section. However, if the amount of credit allowed under
    39  this subdivision for any taxable year reduces the tax  to  such  amount,
    40  any  amount  of  credit thus not deductible in such taxable year will be
    41  treated as an overpayment of tax to be credited or refunded  in  accord-
    42  ance  with  the  provisions  of  section one thousand eighty-six of this
    43  chapter. Provided, however, the provisions of subsection (c) of  section
    44  one  thousand  eighty-eight of this chapter notwithstanding, no interest
    45  will be paid thereon.
    46    § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    47  of  the  tax  law  is  amended  by adding a new clause (xxxv) to read as
    48  follows:
    49  (xxxv) Retail filling station        Amount of credit under

    50  emergency generating                 subdivision forty-six of section
    51  system tax credit                    two hundred ten of this chapter
    52  under subsection (vv)
    53    § 4. Section 606 of the tax law is amended by adding a new  subsection
    54  (vv) to read as follows:
    55    (vv)  Retail  filling  station emergency generating system tax credit.
    56  (1) Allowance of credit. A taxpayer who is engaged in  the  business  of

        S. 4025                             3
 
     1  selling  motor  fuel  or  diesel motor fuel at retail shall be allowed a
     2  credit, to be computed as provided in paragraph (3) of this  subsection,
     3  against  the  tax imposed by this article for the purchase and installa-

     4  tion of an emergency back-up generator or a renewable emergency generat-
     5  ing system that is capable of providing emergency power to fuel pumps at
     6  a filling station owned by the taxpayer that is located in this state. A
     7  taxpayer may claim credit pursuant to this subsection for each emergency
     8  back-up  generator or renewable emergency generating system installed at
     9  a filling station owned by the taxpayer that is located in  this  state;
    10  provided, however, that the taxpayer shall not claim more than one cred-
    11  it for any one filling station.
    12    (2)  Definitions. For purposes of this subsection, the following defi-
    13  nitions shall apply:
    14    (A) "At retail" shall mean a filling station where such fuel is stored

    15  primarily for sale by delivery directly  into  the  ordinary  fuel  tank
    16  connected with the engine of a motor vehicle to be consumed in the oper-
    17  ation  of  such motor vehicle or where such fuel is stored primarily for
    18  sale by delivery directly into the ordinary fuel tank connected with the
    19  engine of a vessel to be consumed in the operation of such vessel.
    20    (B) "Diesel motor fuel" shall have the same meaning as the term  high-
    21  way  diesel  motor  fuel as defined in section two hundred eighty-two of
    22  this chapter.
    23    (C) "Filling station" shall mean any premises whereon the retail  sale
    24  of motor fuels is conducted as the principal business.
    25    (D)  "Renewable  emergency  generating system" shall mean a generating

    26  system powered by a  renewable  energy  technology,  including  but  not
    27  limited to solar, wind or fuel cell, operating in concert with an energy
    28  storage device, including but not limited to a battery storage device or
    29  devices, flywheel or similar device.
    30    (E)  "Emergency  back-up  generator"  shall  mean a back-up generating
    31  system, other than a renewable  emergency  generating  system,  that  is
    32  capable of providing emergency power to fuel pumps at a filling station.
    33    (F) "Motor fuel" shall have the same meaning as in section two hundred
    34  eighty-two of this chapter.
    35    (3) Amount of credit. The amount of credit shall be equal to the less-
    36  er  of (i) the cost to purchase and install an emergency back-up genera-

    37  tor or a renewable emergency generating system, as applicable at a fill-
    38  ing station located in this state minus any amounts for such purchase or
    39  installation that were deducted by the taxpayer for federal purposes, or
    40  (ii) five thousand dollars in the case of an emergency  back-up  genera-
    41  tor,  or  fifteen  thousand dollars in the case of a renewable emergency
    42  generating system.
    43    (4) Application of credit. If the amount of the credit  allowed  under
    44  this subsection for any taxable year shall exceed the taxpayer's tax for
    45  such  year,  the  excess shall be treated as an overpayment of tax to be
    46  credited or refunded in accordance with the provisions  of  section  six
    47  hundred  eighty-six of this article, provided, however, that no interest

    48  shall be paid thereon.
    49    § 5. This act shall take effect immediately and  shall  apply  to  all
    50  taxable years beginning on and after January 1, 2013.
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