Add S99-u, St Fin L; amd SS1148, 606 & 210, add SS187-s & 187-t, Tax L; add S1884, amd SS354 & 351, Pub Auth
L
Creates the alternative fuel incentive fund; provides that monies allocated from the fund will be used for certain purpose; provides that thirty million will be allocated for research and development, twenty seven million for the thruway authority to create alternative fuel stations on the thruway, twenty million for a cellulosic ethanol refinery and five million for administrative costs.
STATE OF NEW YORK
________________________________________________________________________
6211
2013-2014 Regular Sessions
IN ASSEMBLY
March 15, 2013
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the state finance law, in relation to creating the
alternative fuel incentive fund; to amend the tax law, in relation to
creating the alternative fuels credit; to amend the public authorities
law, in relation to alternative fuel grants; and making an appropri-
ation therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 99-u to read as follows:
3 § 99-u. Alternative fuel incentive fund. 1. There is hereby estab-
4 lished in the joint custody of the state comptroller and the commission-
5 er of taxation and finance a special revenue fund to be known as the
6 "alternative fuel incentive fund".
7 2. The fund shall consist of the amount of revenues from sales taxes
8 imposed on the receipts of the price of motor and diesel fuel more than
9 one dollar or equal to or less than two dollars.
10 3. Monies of the fund, when allocated, shall be disbursed for the
11 following purposes:
12 (a) credits against personal income tax and corporate franchise tax
13 for the installation or conversion of fueling stations for alternative
14 fuels;
15 (b) grants for research and development in regards to fuel diversifi-
16 cation and energy efficiency in the transportation sector;
17 (c) installation of alternative fueling stations at each of the twen-
18 ty-seven travel plazas on the New York state thruway;
19 (d) grants for a cellulosic ethanol refinery; and
20 (e) administrative costs borne by the department of taxation and
21 finance and the New York state energy research and development authori-
22 ty.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07455-01-3
A. 6211 2
1 § 2. Section 1148 of the tax law, as amended by chapter 3 of the laws
2 of 2004, is amended to read as follows:
3 § 1148. Deposit and disposition of revenue. All taxes, interest and
4 penalties collected or received by the commissioner under this article
5 shall be deposited and disposed of pursuant to the provisions of section
6 one hundred seventy-one-a of this chapter; provided however, the comp-
7 troller shall on or before the twelfth day of each month, pay all such
8 taxes, interest and penalties collected under this article and remaining
9 to the comptroller's credit in such banks, banking houses or trust
10 companies at the close of business on the last day of the preceding
11 month, into the general fund of the state treasury, except as otherwise
12 provided in sections ninety-two-d [and], ninety-two-r and ninety-nine-u
13 of the state finance law and sections eleven hundred two, eleven hundred
14 four and eleven hundred nine of this article.
15 § 3. Section 606 of the tax law is amended by adding two new
16 subsections (p-1) and (vv) to read as follows:
17 (p-1) Alternative fuels credit. (1) General. A taxpayer shall be
18 allowed a credit, to be computed as hereinafter provided, against the
19 tax imposed by this article for fuel flexible vehicles and qualified
20 hybrid vehicles placed in service during the taxable year. Provided,
21 however, that the credit provided for by this subsection with respect to
22 fuel flexible vehicles shall not be allowed to a gas corporation or
23 electric corporation as defined in subdivisions eleven and thirteen of
24 section two of the public service law, or a gas and electric corporation
25 as described in section sixty-four of the public service law, where such
26 corporation is subject to the supervision of the department of public
27 service.
28 (2) Fuel flexible and hybrid vehicles. The credit under this
29 subsection for fuel flexible and qualified hybrid vehicles shall equal
30 five hundred dollars per vehicle registered in this state.
31 (3) Definitions. (A) The term "fuel flexible vehicle" means a vehicle
32 which is equipped to use alternative fuel as defined in subdivision
33 fourteen of section three hundred fifty-one of the public authorities
34 law.
35 (B) The term "qualified hybrid vehicle" means a motor vehicle, as
36 defined in section one hundred twenty-five of the vehicle and traffic
37 law, other than an electric vehicle, that:
38 (i) draws propulsion energy from both
39 (a) an internal combustion engine (or heat engine that uses combusti-
40 ble fuel); and
41 (b) an energy storage device; and
42 (ii) employs a regenerative vehicle braking system that recovers waste
43 energy to charge such energy storage device.
44 (4) Carryovers. If the amount of credit allowable under this
45 subsection shall exceed the taxpayer's tax of such year, the excess, may
46 be carried over to the following year or years and may be deducted from
47 the taxpayer's tax for such year or years.
48 (5) Credit recapture. (A) Vehicles. If, within three full years from
49 the date a qualified hybrid vehicle is placed in service such vehicles
50 cease to be qualified, a recapture amount must be added back in the tax
51 year in which such cessation occurs.
52 (B) Cessation of qualification. (i) A qualified hybrid ceases to be
53 qualified if
54 (a) it is modified by the taxpayer so that it no longer meets the
55 requirements of a qualified hybrid vehicle.
A. 6211 3
1 (b) the taxpayer receiving the credit under this subsection sells or
2 disposes of the vehicle and knows or has reason to know that the vehicle
3 will be so modified.
4 (ii) Recapture amount. The recapture amount is equal to the credit
5 allowable under this subsection.
6 (6) Termination. This subsection shall not apply to property placed in
7 service in taxable years beginning after December thirty-first, two
8 thousand fourteen.
9 (vv) Alternative fuel credit for installation or conversion of fueling
10 stations. (1) Allowance of credit. A taxpayer shall be allowed a credit,
11 to be computed hereinafter provided, against the tax imposed by this
12 article for the cost of installation construction, reconstruction or
13 acquisition of an alternative fuel refueling facility that is directly
14 attributable to the storage, compression, charging or dispensing of
15 alternative fuels to motor vehicles. The income tax credit would be
16 thirty percent of the costs associated with such expenses.
17 (2) Application of credit. If the amount of the credit allowable under
18 this subsection for any taxable year exceeds the taxpayer's tax for such
19 year, fifty percent of the excess shall be treated as an overpayment of
20 tax to be credited or refunded as provided in section six hundred eight-
21 y-six of this article, provided, however, that no interest shall be paid
22 thereon. The balance of such credit not credited or refunded in such
23 taxable year may be carried over to the immediately succeeding taxable
24 year and may be deducted from the taxpayer's tax for such year. The
25 excess, if any, of the amount of the credit over the tax for such
26 succeeding year shall be treated as an overpayment of tax to be credited
27 or refunded as provided in section six hundred eighty-six of this arti-
28 cle, provided, however, that no interest shall be paid thereon.
29 § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
30 of the tax law is amended by adding two new clauses (xxxv) and (xxxvi)
31 to read as follows:
32 (xxxv) Alternative fuelsAmount of credit
33 credit under subsectionunder subdivision
34 (p-1)twenty-four-a of
35 section two hundred ten
36 (xxxvi) Alternative fuel creditAmount of credit
37 for installation orunder subdivision
38 conservation of fuelingforty-six of section
39 stations under subsectiontwo hundred ten
40 (vv)
41 § 5. Section 210 of the tax law is amended by adding two new subdivi-
42 sions 24-a and 46 to read as follows:
43 24-a. Alternative fuels credit. (a) General. A taxpayer shall be
44 allowed a credit, to be computed as hereinafter provided, against the
45 tax imposed by this article, for fuel flexible vehicles and qualified
46 hybrids. Provided, however, that the credit provided for by this
47 subsection with respect to fuel flexible vehicles shall not be allowed
48 to a gas corporation or electric corporation as defined in subdivisions
49 eleven and thirteen of section two of the public service law, or a gas
50 and electric corporation as described in section sixty-four of the
51 public service law, where such corporation is subject to the supervision
52 of the department of public service.
53 (b) Fuel flexible vehicles and qualified hybrid vehicles. The credit
54 under this subdivision for fuel flexible vehicles and qualified hybrid
A. 6211 4
1 vehicles shall equal five hundred dollars per vehicle registered in this
2 state.
3 (c) Definitions. (i) The term "fuel flexible vehicle" means a vehicle,
4 which is equipped to use alternative fuel as defined in subdivision
5 fourteen of section three hundred fifty-one of the public authorities
6 law.
7 (ii) The term "qualified hybrid vehicle" shall have the same meaning
8 as provided for under subparagraph (B) of paragraph three of subsection
9 (p-1) of section six hundred six of this chapter.
10 (d) Carryovers. In no event shall the credit under this subdivision be
11 allowed in an amount which will reduce the tax payable to less than the
12 higher of the amounts prescribed in paragraphs (c) and (d) of subdivi-
13 sion one of this section. Provided, however, that if the amount of cred-
14 it allowable under this subdivision for any taxable year reduces the tax
15 to such amount, any amount of credit not deductible in such taxable year
16 may be carried over to the following year or years and may be deducted
17 from the taxpayer's tax for such year or years.
18 (e) Credit recapture. (i) If, within three full years from the date a
19 qualified hybrid vehicle is placed in service ceases to be qualified, a
20 recapture amount must be added back in the tax year in which such cessa-
21 tion occurs.
22 (ii) A qualified hybrid vehicle ceases to be qualified if:
23 (A) it is modified by the taxpayer so that it no longer meets the
24 requirements of a qualified hybrid vehicle as defined in subparagraph
25 (B) of paragraph three of subsection (p-1) of section six hundred six of
26 this chapter; or
27 (B) the taxpayer receiving the credit under this subsection sells or
28 disposes of the vehicle and knows or has reason to know that the vehicle
29 will be so modified.
30 (iii) Recapture amount. The recapture amount is equal to the credit
31 allowable under this subdivision multiplied by a fraction, the numerator
32 of which is the total recovery period for the property minus the number
33 of recovery years prior to, but not including, the recapture year, and
34 the denominator of which is the total recovery period.
35 (f) Termination. This subdivision shall not apply to property placed
36 in service in taxable years beginning after December thirty-first, two
37 thousand fourteen.
38 46. Alternative fuel credit for installation or conversion of fueling
39 stations. (a) Allowance of credit. A taxpayer shall be allowed a credit,
40 to be computed as hereinafter provided, against the tax imposed by this
41 article for the cost of installation construction, reconstruction or
42 acquisition of an alternative fuel refueling facility that is directly
43 attributable to the storage, compression, charging or dispensing of
44 alternative fuels to motor vehicles. The income tax credit shall be
45 thirty percent of the costs associated with such expenses.
46 (b) Application of credit. The credit allowed under this subdivision
47 for any taxable year shall not reduce the tax due for such year to less
48 than the amount described in paragraph (d) of subdivision one of this
49 section. If the amount of the credit allowable under this subdivision
50 for any taxable year exceeds the taxpayer's tax for such year, fifty
51 percent of the excess shall be treated as an overpayment of tax to be
52 credited or refunded as provided in section six hundred eighty-six of
53 this chapter, provided, however, that no interest shall be paid thereon.
54 The balance of such credit not credited or refunded in such taxable year
55 may be carried over to the immediately succeeding taxable year and may
56 be deducted from the taxpayer's tax for such year. The excess, if any,
A. 6211 5
1 of the amount of the credit over the tax for such succeeding year shall
2 be treated as an overpayment of tax to be credited or refunded as
3 provided in section six hundred eighty-six of this chapter, provided,
4 however, that no interest shall be paid thereon.
5 § 6. The tax law is amended by adding two new sections 187-s and 187-t
6 to read as follows:
7 § 187-s. Alternative fuels credit. 1. General. A taxpayer shall be
8 allowed a credit, to be credited against the taxes imposed under
9 sections one hundred eighty-three, one hundred eighty-four, and one
10 hundred eighty-five of this article. Such credit, to be computed as
11 hereinafter provided, shall be allowed for fuel flexible and hybrid
12 vehicles placed in service during the taxable year. Provided, however,
13 that the amount of such credit allowable against the tax imposed by
14 section one hundred eighty-four of this article shall be the excess of
15 the credit allowed by this section over the amount of such credit allow-
16 able against the tax imposed by section one hundred eighty-three of this
17 article.
18 2. Fuel flexible and hybrid vehicles. The credit under this subdivi-
19 sion for fuel flexible and qualified hybrid vehicles shall equal five
20 hundred dollars per vehicle registered in this state.
21 3. Definitions. (a) The term "fuel flexible vehicle" means a vehicle,
22 which is equipped to use alternative fuel as defined in subdivision
23 fourteen of section three hundred fifty-one of the public authorities
24 law.
25 (b) The term "qualified hybrid vehicle" shall have the same meaning as
26 provided for in subparagraph (B) of paragraph three of subsection (p-1)
27 of section six hundred six of this chapter.
28 4. Carryovers. In no event shall the credit under this section be
29 allowed in an amount which will reduce the tax payable to less than the
30 applicable minimum tax fixed by section one hundred eighty-three, one
31 hundred eighty-five or one hundred eighty-six of this article. If,
32 however, the amount of credit allowable under this section for any taxa-
33 ble year reduces the tax to such amount, any amount of credit not deduc-
34 tible in such taxable year may be carried over to the following year or
35 years and may be deducted from the taxpayer's tax for such year or
36 years.
37 5. Credit recapture. (a) If, within three full years from the date a
38 qualified hybrid vehicle is placed in service ceases to be qualified, a
39 recapture amount must be added back in the tax year in which such cessa-
40 tion occurs.
41 (b) A qualified hybrid vehicle ceases to be qualified if:
42 (i) it is modified by the taxpayer so that it no longer meets the
43 requirements of a qualified hybrid vehicle as defined in subparagraph
44 (B) of paragraph three of subsection (p-1) of section six hundred six of
45 this chapter, or
46 (ii) the taxpayer receiving the credit under this section sells or
47 disposes of the vehicle and knows or has reason to know that the vehicle
48 will be so modified.
49 (c) The recapture amount is equal to the credit allowable under this
50 section.
51 6. Termination. This section shall not apply to property placed in
52 service in taxable years beginning after December thirty-first, two
53 thousand fourteen.
54 § 187-t. Alternative fuel credit for installation or conversion of
55 fueling stations. (1) Allowance of credit. A taxpayer shall be allowed a
56 credit, to be computed as hereinafter provided, against the tax imposed
A. 6211 6
1 by this article for the cost of installation construction, recon-
2 struction or acquisition of an alternative fuel refueling facility that
3 is directly attributable to the storage, compression, charging or
4 dispensing of alternative fuels to motor vehicles. The income tax cred-
5 it shall be thirty percent of the costs associated with such expenses.
6 (2) Application of credit. If the amount of the credit allowable under
7 this section for any taxable year exceeds the taxpayer's tax for such
8 year, fifty percent of the excess shall be treated as an overpayment of
9 tax to be credited or refunded as provided in section six hundred eight-
10 y-six of this chapter, provided, however, that no interest shall be paid
11 thereon. The balance of such credit not credited or refunded in such
12 taxable year may be carried over to the immediately succeeding taxable
13 year and may be deducted from the taxpayer's tax for such year. The
14 excess, if any, of the amount of the credit over the tax for such
15 succeeding year shall be treated as an overpayment of tax to be credited
16 or refunded as provided in section six hundred eighty-six of this chap-
17 ter, provided, however, that no interest shall be paid thereon.
18 § 7. The public authorities law is amended by adding a new section
19 1884 to read as follows:
20 § 1884. Alternative fuel grants. The New York state energy research
21 and development authority shall:
22 1. Oversee and promote research and development regarding fuel diver-
23 sification and energy efficiency in the transportation sector; and
24 2. Provide grants for the creation of a cellulosic ethanol refinery.
25 § 8. Subdivision 10 of section 354 of the public authorities law, as
26 amended by chapter 766 of the laws of 1992, is amended to read as
27 follows:
28 10. To construct, reconstruct or improve on or along the thruway
29 system in the manner herein provided, suitable facilities for gas
30 stations, restaurants, and other facilities for the public, or to lease
31 the right to construct, reconstruct or improve and operate such facili-
32 ties; such facilities shall be publicly offered for leasing for opera-
33 tion, or the right to construct, reconstruct or improve and operate such
34 facilities shall be publicly offered under rules and regulations to be
35 established by the authority, provided, however, that lessees operating
36 such facilities at the time this act becomes effective, may reconstruct
37 or improve them or may construct additional like facilities, in the
38 manner and upon such terms and conditions as the board shall determine;
39 and provided further, however, that such facilities constructed, recon-
40 structed or improved on or along the canal system shall be consistent
41 with the canal recreationway plan approved pursuant to section one
42 hundred thirty-eight-c of the canal law and section three hundred eight-
43 y-two of this title; and provided further, that each such facility which
44 contains or consists of a gas station shall include a facility for sell-
45 ing to the public alternative fuel, as defined in section three hundred
46 fifty-one of this article.
47 § 9. Section 351 of the public authorities law is amended by adding a
48 new subdivision 14 to read as follows:
49 14. "Alternative fuel" shall mean ethanol, methanol, natural gas,
50 propane, electricity (including electricity from solar energy), hydro-
51 gen, and any other fuel identified which is substantially not petrole-
52 um-based, which is consistent with the goals of protecting the safety
53 and health of the public and minimizing emissions of air pollutants, and
54 which is consistent with any applicable federal alternative fuel
55 requirements.
A. 6211 7
1 § 10. The sum of eighty-two million dollars ($82,000,000), or so much
2 thereof as may be necessary, is hereby appropriated as follows: thirty
3 million dollars for research and development in regards to fuel diver-
4 sification and energy efficiency in the transportation sector; twenty-
5 seven million dollars for the installation of alternative fueling
6 stations at each of the twenty-seven travel plazas on the New York state
7 thruway; twenty million dollars for a cellulosic ethanol refinery; and
8 five million dollars for administrative costs borne by the department of
9 taxation and finance and the New York state energy research and develop-
10 ment authority to the department of taxation and finance; out of moneys
11 in the state treasury in the general fund to the credit of the alterna-
12 tive fuel incentive fund, not otherwise appropriated, and made imme-
13 diately available, for the purpose of carrying out the provisions of
14 this act. Such moneys shall be payable on the audit and warrant of the
15 comptroller on vouchers certified or approved in the manner prescribed
16 by law.
17 § 11. This act shall take effect on the one hundred eightieth day
18 after it shall have become a law; provided, however, that the commis-
19 sioner of taxation and finance shall be authorized on and after the date
20 this act shall have become a law to adopt and amend any rules or regu-
21 lations and to take any steps necessary to implement the provisions of
22 this act.
