Add S399-eee, Gen Bus L; add S187-s, amd SS210 & 606, Tax L
Requires that each motor fuel terminal facility and each wholesaler which sells motor fuel in the state shall be capable of operating its distribution loading racks using alternate generated power source for a minimum of seventy-two hours; establishes a tax credit for alternate generated storage.
STATE OF NEW YORK
________________________________________________________________________
7865
IN SENATE
November 14, 2012
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law and the tax law, in relation to
alternate generated power capacity; and providing for the repeal of
certain 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 general business law is amended by adding a new section
2 399-eee to read as follows:
3 § 399-eee. Alternate generated power capacity for motor fuel dispens-
4 ing facilities. 1. For purposes of this section the following defi-
5 nitions apply:
6 (a) "motor fuel terminal facility" as defined in paragraph (k) of
7 subdivision one of section three hundred ninety-nine-ee of this article.
8 (b) "wholesaler" as defined in paragraph (l) of subdivision one of
9 section three hundred ninety-nine-ee of this article.
10 (c) "major disaster" shall mean occurrence or imminent threat of wide-
11 spread or severe damage, injury, or loss of life or property resulting
12 from any natural or man-made causes, including, but not limited to,
13 fire, flood, earthquake, hurricane, tornado, high water, landslide,
14 mudslide, wind, storm, wave action, volcanic activity, epidemic, air
15 contamination, terrorism, cyber event, blight, drought, infestation,
16 explosion, radiological accident, nuclear, chemical, biological, or
17 bacteriological release, water contamination, bridge failure or bridge
18 collapse.
19 (d) "alternate generated power source" shall mean an electrical gener-
20 ator that is rated by the manufacturer to generate at least thirty kilo-
21 watts of electricity and whose sole function is to automatically provide
22 electric power when electric power from a utility service is inter-
23 rupted.
24 (e) "motor fuel retail outlet" as defined in paragraph (h) of subdivi-
25 sion one of section three hundred ninety-nine-ee of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16620-01-2
S. 7865 2
1 (f) "substantially renovated" shall mean a renovation that results in
2 an increase of greater than fifty percent in the assessed value of the
3 motor fuel retail outlet.
4 2. By September first, two thousand fourteen each motor fuel terminal
5 facility and each wholesaler which sells motor fuel in the state shall
6 be capable of operating its distribution loading racks using an alter-
7 nate generated power source for a minimum of seventy-two hours. Pending
8 a post-disaster examination of the equipment by the operator to deter-
9 mine any extenuating damage that would render it unsafe to use, the
10 facility shall have such alternate generated power source available for
11 operation no later than twenty-four hours after a major disaster.
12 Installation of appropriate wiring, including a transfer switch, shall
13 be done by a certified electrical contractor. Each business that is
14 subject to this section shall keep a copy of the documentation of such
15 installation on site or at its corporate headquarters. Each business
16 shall keep a written statement attesting to the periodic testing and
17 ensured operational capacity of the equipment. The required documenta-
18 tion shall be made available, upon request, to the division of homeland
19 security and emergency services and the director of the county emergency
20 management agency.
21 3. Each newly constructed or substantially renovated motor fuel
22 outlet, for which a certificate of occupancy is issued on or after
23 September first, two thousand thirteen shall be pre-wired with an appro-
24 priate transfer switch, and capable of operating fuel pumps, dispensing
25 equipment, life safety systems, and payment acceptance equipment using
26 an alternate generated power source. Local building inspectors shall
27 include this equipment and operations check in the normal inspection
28 process before issuing a certificate of occupancy on site or at its
29 corporate headquarters. In addition, each retail outlet must keep a
30 written statement attesting to the periodic testing of and ensured oper-
31 ational capacity of the equipment. The required documents must be made
32 available, upon request, to the division of homeland security and emer-
33 gency management and the director of the county emergency management
34 agency.
35 4. (a) No later than September first, two thousand fourteen each motor
36 fuel retail outlet described in subdivisions two and three of this
37 section which is located within one-half mile to an interstate highway
38 or state or federally designated evacuation route shall be pre-wired
39 with an appropriate transfer switch and be capable of operating all fuel
40 pumps, dispensing equipment, life safety systems, and payment acceptance
41 equipment using alternate generated power source:
42 (i) A motor fuel retail outlet located in a city having a population
43 of one million or more which has sixteen or more fueling positions.
44 (ii) A motor fuel retail outlet located in a county having a popu-
45 lation of three hundred thousand or more which has sixteen or more fuel-
46 ing positions.
47 (iii) A motor fuel retail outlet located in a county having a popu-
48 lation of one hundred thousand or more, but fewer than three hundred
49 thousand which has twelve or more fueling positions.
50 (iv) A motor fuel retail outlet located in a county having a popu-
51 lation of fewer than one hundred thousand which has eight or more fuel-
52 ing positions.
53 (b) Installation of appropriate wiring and transfer switches shall be
54 done by a certified electrical contractor. Each business that is subject
55 to this section shall keep a copy of the documentation of such installa-
56 tion on site or at its corporate headquarters. Each business shall keep
S. 7865 3
1 a written statement attesting to the periodic testing and ensured opera-
2 tional capacity of the equipment. The required documentation shall be
3 made available, upon request, to the division of homeland security and
4 emergency management and the director of the county emergency management
5 agency.
6 5. (a) Subdivisions two and three of this section apply to any self
7 service, full service or combination self-service and full service motor
8 fuel retail outlet regardless of whether the fuel retail outlet is
9 located on the grounds of, or is owned by, another retail business
10 establishment that does not engage in the business of selling motor
11 fuel.
12 (b) Subdivisions two and three of this section shall not apply to:
13 (i) An automobile dealer;
14 (ii) A person who operates a fleet of motor vehicles;
15 (iii) A person who sells motor fuel exclusively to a fleet of motor
16 vehicles; or
17 (iv) A motor fuel retail outlet that has a written agreement with a
18 public hospital, in a form approved by the division of emergency manage-
19 ment, wherein the public hospital agrees to provide the motor fuel
20 retail outlet with an alternative means of power generation onsite so
21 that the outlet's fuel pumps may be operated in the event of a power
22 outage.
23 6. (a) Each corporation or other entity that owns ten or more motor
24 fuel retail outlets located within a single county shall maintain at
25 least one portable generator that is capable of providing an alternate
26 generated power source as required under subdivision two of this section
27 for every ten outlets. If an entity owns more than ten outlets or a
28 multiple of ten outlets plus an additional six outlets, the entity must
29 provide an additional generator to accommodate such additional outlets.
30 Each portable generator must be stored within this state and must be
31 available for use in an affected location within twenty-four hours after
32 the disaster.
33 (b) For purposes of this section, ownership of a motor fuel retail
34 outlet is the owner of record of the fuel storage systems operating at
35 the location.
36 § 2. The tax law is amended by adding a new section 187-s to read as
37 follows:
38 § 187-s. Tax credit for alternate generated storage. (a) (1) For each
39 taxable year beginning on or after January first, two thousand fourteen
40 and before January first, two thousand eighteen there shall be allowed
41 as a credit against the tax imposed by this article an amount equal to
42 fifty percent of the amount paid or incurred during the taxable year for
43 the purchase and installation of an alternate generated power source at
44 a motor fuel retail outlet located in the state as required by subdivi-
45 sions two and three of section three hundred ninety-nine-eee of the
46 general business law.
47 (2) For each taxable year beginning on or after January first, two
48 thousand fourteen and before January first, two thousand eighteen there
49 shall be allowed as a credit against the tax imposed by this article an
50 amount equal to fifty percent of the amount paid or incurred during the
51 taxable year for the purchase and installation of an alternate generated
52 power source at a motor fuel retail outlet located in the state that is
53 not subject to the requirements under subdivisions two and three of
54 section three hundred ninety-nine-eee of the general business law, not
55 to exceed two thousand five hundred dollars.
56 (b) The following definitions apply for purposes of this section:
S. 7865 4
1 (1) "alternate generated power source" means an electrical generator
2 that is rated by the manufacturer to generate at least thirty kilowatts
3 of electricity and whose sole function is to automatically provide elec-
4 tric power when electric power from a utility service is interrupted.
5 (2) "motor fuel retail outlet" as defined in paragraph (h) of subdivi-
6 sion one of section three hundred ninety-nine-ee of the general business
7 law and is owned by a taxpayer with worldwide gross receipts of less
8 than one million dollars for any taxable year for which the credit
9 authorized by this section is claimed. The gross receipts of any trades
10 or businesses that are treated as related under section 267, 318 or 707
11 of the Internal Revenue Code shall be aggregated for purposes of deter-
12 mining worldwide gross receipts.
13 (3) "gross receipts" shall have the same meaning as set forth in
14 section one hundred eighty-two-a of this article.
15 (c) The depreciable basis of any alternate generated power source
16 shall be reduced by the amount of any credit allowable under this
17 section.
18 (d) If an alternate generated power source for which a credit is
19 allowed pursuant to this section is thereafter sold, returned to the
20 vendor, or otherwise removed from service by the taxpayer within one
21 year from the date the alternate generated power source was placed in
22 service, the amount of credit allowed by this section for the purchase
23 and installation of that alternate generated power source shall be
24 recaptured by adding that credit amount to the tax of the taxpayer for
25 the taxable year in which the alternate generated power source is sold
26 or removed.
27 (e) In the case where the tax credit is not exhausted in the taxable
28 year any excess may be carried over in the following year, and five
29 succeeding years if necessary, and may be deducted from the tax imposed
30 by this article until such credit is exhausted.
31 § 3. Section 210 of the tax law is amended by adding a new subdivision
32 46 to read as follows:
33 46. Tax credit for alternate generated storage. (a) (1) For each taxa-
34 ble year beginning on or after January first, two thousand fourteen and
35 before January first, two thousand eighteen there shall be allowed as a
36 credit against the tax imposed by this article an amount equal to fifty
37 percent of the amount paid or incurred during the taxable year for the
38 purchase and installation of an alternate generated power source at a
39 motor fuel retail outlet located in the state as required by subdivi-
40 sions two and three of section three hundred ninety-nine-eee of the
41 general business law.
42 (2) For each taxable year beginning on or after January first, two
43 thousand fourteen and before January first, two thousand eighteen there
44 shall be allowed as a credit against the tax imposed by this article an
45 amount equal to fifty percent of the amount paid or incurred during the
46 taxable year for the purchase and installation of an alternate generated
47 power source at a motor fuel retail outlet located in the state that is
48 not subject to the requirements under subdivisions two and three of
49 section three hundred ninety-nine-eee of the general business law, not
50 to exceed two thousand five hundred dollars.
51 (b) The following definitions apply for purposes of this section:
52 (1) "alternate generated power source" means an electrical generator
53 that is rated by the manufacturer to generate at least thirty kilowatts
54 of electricity and whose sole function is to automatically provide elec-
55 tric power when electric power from a utility service is interrupted.
S. 7865 5
1 (2) "motor fuel retail outlet" as defined in paragraph (h) of subdivi-
2 sion one of section three hundred ninety-nine-ee of the general business
3 law and is owned by a taxpayer with worldwide gross receipts of less
4 than one million dollars for any taxable year for which the credit
5 authorized by this section is claimed. The gross receipts of any trades
6 or businesses that are treated as related under section 267, 318 or 707
7 of the Internal Revenue Code shall be aggregated for purposes of deter-
8 mining worldwide gross receipts.
9 (3) "gross receipts" shall have the same meaning as set forth in
10 section one hundred-eighty-two-a of this chapter.
11 (c) The depreciable basis of any alternate generated power source
12 shall be reduced by the amount of any credit allowable under this
13 section.
14 (d) If an alternate generated power source for which a credit is
15 allowed pursuant to this section is thereafter sold, returned to the
16 vendor, or otherwise removed from service by the taxpayer within one
17 year from the date the alternate generated power source was placed in
18 service, the amount of credit allowed by this section for the purchase
19 and installation of that alternate generated power source shall be
20 recaptured by adding that credit amount to the tax of the taxpayer for
21 the taxable year in which the alternate generated power source is sold
22 or removed.
23 (e) In the case where the tax credit is not exhausted in the taxable
24 year any excess may be carried over in the following year, and five
25 succeeding years if necessary, and may be deducted from the tax imposed
26 by this article until such credit is exhausted.
27 § 4. Section 606 of the tax law is amended by adding a new subsection
28 (u) to read as follows:
29 (u) Tax credit for alternate generated storage. (1)(A) For each taxa-
30 ble year beginning on or after January first, two thousand fourteen and
31 before January first, two thousand eighteen there shall be allowed as a
32 credit against the tax imposed by this article an amount equal to fifty
33 percent of the amount paid or incurred during the taxable year for the
34 purchase and installation of an alternate generated power source at a
35 motor fuel retail outlet located in the state as required by subdivi-
36 sions two and three of section three hundred ninety-nine-eee of the
37 general business law.
38 (B) For each taxable year beginning on or after January first, two
39 thousand fourteen and before January first, two thousand eighteen there
40 shall be allowed as a credit against the tax imposed by this article an
41 amount equal to fifty percent of the amount paid or incurred during the
42 taxable year for the purchase and installation of an alternate generated
43 power source at a motor fuel retail outlet located in the state that is
44 not subject to the requirements under subdivisions two and three of
45 section three hundred ninety-nine-eee of the general business law, not
46 to exceed two thousand five hundred dollars.
47 (2) The following definitions apply for purposes of this section:
48 (A) "alternate generated power source" means an electrical generator
49 that is rated by the manufacturer to generate at least thirty kilowatts
50 of electricity and whose sole function is to automatically provide elec-
51 tric power when electric power from a utility service is interrupted.
52 (B) "motor fuel retail outlet" as defined in paragraph (h) of subdivi-
53 sion one of section three hundred ninety-nine-ee of the general business
54 law and is owned by a taxpayer with worldwide gross receipts of less
55 than one million dollars for any taxable year for which the credit
56 authorized by this section is claimed. The gross receipts of any trades
S. 7865 6
1 or businesses that are treated as related under section 267, 318 or 707
2 of the Internal Revenue Code shall be aggregated for purposes of deter-
3 mining worldwide gross receipts.
4 (C) "gross receipts" shall have the same meaning as set forth in
5 section one hundred eighty-two-a of this chapter.
6 (3) The depreciable basis of any alternate generated power source
7 shall be reduced by the amount of any credit allowable under this
8 section.
9 (4) If an alternate generated power source for which a credit is
10 allowed pursuant to this section is thereafter sold, returned to the
11 vendor, or otherwise removed from service by the taxpayer within one
12 year from the date the alternate generated power source was placed in
13 service, the amount of credit allowed by this section for the purchase
14 and installation of that alternate generated power source shall be
15 recaptured by adding that credit amount to the tax of the taxpayer for
16 the taxable year in which the alternate generated power source is sold
17 or removed.
18 (5) In the case where the tax credit is not exhausted in the taxable
19 year any excess may be carried over in the following year, and five
20 succeeding years if necessary, and may be deducted from the tax imposed
21 by this article until such credit is exhausted.
22 § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
23 of the tax law is amended by adding a new clause (xxxv) to read as
24 follows:
25 (xxxv) alternate generated storageamount of credit under
26 credit under subsection (u)subdivision forty-six of
27 section two hundred ten
28 § 6. This act shall take effect immediately; provided the provisions
29 of sections two, three, four and five of this act shall expire and be
30 deemed repealed January 1, 2018.
