S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6855
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 6, 2015
                                      ___________
       Introduced by M. of A. CRESPO -- read once and referred to the Committee
         on Ways and Means
       AN  ACT  to amend the public service law and the tax law, in relation to
         the personal income tax credit for solar and wind energy systems
         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    S 73. COORDINATION WITH CERTAIN PROVISIONS OF THE TAX LAW. THE DEPART-
    4  MENT MAY REQUEST FROM THE DEPARTMENT OF TAXATION AND FINANCE  A  SUMMARY
    5  OF  TAX CREDITS GRANTED IN A CALENDAR YEAR PURSUANT TO THE PROVISIONS OF
    6  SUBSECTIONS (G-1) AND (G-3) OF SECTION SIX HUNDRED SIX OF THE  TAX  LAW.
    7  SUCH SUMMARY SHALL INCLUDE THE TOTAL NUMBER OF RESIDENCES THAT HAVE BEEN
    8  GRANTED  A  SOLAR ENERGY SYSTEM EQUIPMENT CREDIT OR A WIND ENERGY SYSTEM
    9  EQUIPMENT CREDIT, A DESCRIPTION OF THE IMPROVEMENTS TO WHICH THE  CREDIT
   10  RELATES,  AND  AN INDICATION OF THE COMBINED RATED CAPACITY OF EACH SUCH
   11  IMPROVEMENT IN TERMS OF KILOWATTS.
   12    S 2. Paragraph 1 of subsection (g-1) of section 606 of the tax law, as
   13  amended by chapter 375 of the laws  of  2012,  is  amended  to  read  as
   14  follows:
   15    (1)  General. An individual taxpayer shall be allowed a credit against
   16  the tax imposed by this article equal to twenty-five percent  of  quali-
   17  fied  solar  energy system equipment expenditures, except as provided in
   18  subparagraph (D) of paragraph two of this subsection. This credit  shall
   19  not  exceed (A) three thousand seven hundred fifty dollars for qualified
   20  solar energy equipment placed in service  before  September  first,  two
   21  thousand  six,  and (B) five thousand dollars for qualified solar energy
   22  equipment placed in service on or after September  first,  two  thousand
   23  six,  BUT  PRIOR  TO JANUARY FIRST, TWO THOUSAND SEVENTEEN, AND (C) FIVE
   24  THOUSAND DOLLARS FOR QUALIFIED SOLAR ENERGY EQUIPMENT THAT  IS  A  SOLAR
   25  THERMAL  ENERGY  SYSTEM PLACED IN SERVICE ON OR AFTER JANUARY FIRST, TWO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05769-01-5
       A. 6855                             2
    1  THOUSAND SEVENTEEN, AND (D) FIVE THOUSAND DOLLARS  FOR  QUALIFIED  SOLAR
    2  ENERGY  EQUIPMENT  THAT  IS  A  SOLAR  ELECTRIC  ENERGY SYSTEM PLACED IN
    3  SERVICE ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN.
    4    S  3.  Subparagraph  (A) of paragraph 2 of subsection (g-1) of section
    5  606 of the tax law, as amended by chapter 375 of the laws  of  2012,  is
    6  amended to read as follows:
    7    (A)  The  term  "qualified solar energy system equipment expenditures"
    8  means expenditures for:
    9    (i) the purchase of solar energy system  equipment,  A  SOLAR  THERMAL
   10  ENERGY  SYSTEM,  OR A SOLAR ELECTRIC ENERGY SYSTEM which is installed in
   11  connection with residential property which is (I) located in this  state
   12  and  (II)  which is used by the taxpayer as ANY OF his or her [principal
   13  residence] RESIDENCES at the time the solar energy system  equipment,  A
   14  SOLAR THERMAL ENERGY SYSTEM, OR A SOLAR ELECTRIC ENERGY SYSTEM is placed
   15  in service;
   16    (ii) the lease of solar energy system equipment, A SOLAR THERMAL ENER-
   17  GY  SYSTEM,  OR A SOLAR ELECTRIC ENERGY SYSTEM under a written agreement
   18  that spans at least ten years where such equipment  owned  by  a  person
   19  other  than  the  taxpayer  is  installed in connection with residential
   20  property which is (I) located in this state and (II) which  is  used  by
   21  the  taxpayer  as  ANY OF his or her [principal residence] RESIDENCES at
   22  the time the solar energy  system  equipment,  A  SOLAR  THERMAL  ENERGY
   23  SYSTEM, OR A SOLAR ELECTRIC ENERGY SYSTEM is placed in service; or
   24    (iii)  the  purchase  of power under a written agreement that spans at
   25  least ten years whereunder the power purchased  is  generated  by  solar
   26  energy system equipment, A SOLAR THERMAL ENERGY SYSTEM, OR A SOLAR ELEC-
   27  TRIC  ENERGY  SYSTEM  owned by a person other than the taxpayer which is
   28  installed in connection with residential property which is  (I)  located
   29  in  this  state  and (II) which is used by the taxpayer as ANY OF his or
   30  her [principal residence] RESIDENCES at the time the solar energy system
   31  equipment, A SOLAR THERMAL ENERGY SYSTEM, OR  A  SOLAR  ELECTRIC  ENERGY
   32  SYSTEM is placed in service.
   33    S 4. Paragraph 3 of subsection (g-1) of section 606 of the tax law, as
   34  amended  by  chapter  128  of  the  laws  of 2007, is amended to read as
   35  follows:
   36    (3) Solar energy system equipment. (A) The term "solar  energy  system
   37  equipment"  shall  mean  an  arrangement  or  combination  of components
   38  utilizing solar radiation, which, when installed in a residence, produc-
   39  es energy designed to provide heating, cooling, hot water or electricity
   40  for use in such residence. Such  arrangement  or  components  shall  not
   41  include  equipment  connected to solar energy system equipment that is a
   42  component of part or parts of a non-solar energy system  or  which  uses
   43  any  sort  of  recreational  facility  or equipment as a storage medium.
   44  [Solar energy system equipment that generates electricity for use  in  a
   45  residence]
   46    (B)  THE  TERM  "SOLAR  THERMAL ENERGY SYSTEM" SHALL MEAN SOLAR ENERGY
   47  EQUIPMENT THAT IS AN ARRANGEMENT OR COMBINATION OF COMPONENTS  UTILIZING
   48  SOLAR  RADIATION,  WHICH, WHEN INSTALLED IN A RESIDENCE, PRODUCES ENERGY
   49  DESIGNED TO PROVIDE HEATING, COOLING OR HOT WATER FOR USE IN SUCH  RESI-
   50  DENCE.
   51    (C)  THE  TERM  "SOLAR ELECTRIC ENERGY SYSTEM" SHALL MEAN SOLAR ENERGY
   52  EQUIPMENT THAT IS AN ARRANGEMENT OR COMBINATION OF COMPONENTS  UTILIZING
   53  SOLAR  RADIATION,  WHICH, WHEN INSTALLED IN A RESIDENCE, PRODUCES ENERGY
   54  DESIGNED TO PROVIDE ELECTRICITY FOR USE IN SUCH RESIDENCE. SUCH  SYSTEMS
   55  must conform to applicable requirements set forth in section sixty-six-j
   56  of  the  public  service  law. Provided, however, where A solar ELECTRIC
       A. 6855                             3
    1  energy system [equipment] is purchased and installed  by  a  condominium
    2  management   association  or  a  cooperative  housing  corporation,  for
    3  purposes of this subsection only,  the  term  "ten  kilowatts"  in  such
    4  section sixty-six-j shall be read as "fifty kilowatts."
    5    S 5. Paragraph 4 of subsection (g-1) of section 606 of the tax law, as
    6  amended  by  chapter  378  of  the  laws  of 2005, is amended to read as
    7  follows:
    8    (4)  Multiple  taxpayers.  Where  solar  energy  system  equipment  is
    9  purchased and installed in a [principal] residence shared by two or more
   10  taxpayers,  the amount of the credit allowable under this subsection for
   11  each such taxpayer shall be prorated according to the percentage of  the
   12  total  expenditure for such solar energy system equipment contributed by
   13  each taxpayer.
   14    S 6. Paragraph 5 of subsection (g-1) of section 606 of the tax law, as
   15  added by chapter 128 of the laws of 2007, is amended to read as follows:
   16    (5) Proportionate  share.  Where  solar  energy  system  equipment  is
   17  purchased  and  installed  by  a condominium management association or a
   18  cooperative housing corporation, a taxpayer  who  is  a  member  of  the
   19  condominium management association or who is a tenant-stockholder in the
   20  cooperative  housing  corporation may for the purpose of this subsection
   21  claim a proportionate share of the total expense as the expenditure  for
   22  the  purposes of the credit attributable to his [principal] OR HER resi-
   23  dence.
   24    S 7. Section 606 of the tax law is amended by adding a new  subsection
   25  (g-3) to read as follows:
   26    (G-3)  WIND ENERGY SYSTEM EQUIPMENT CREDIT. (1) GENERAL. AN INDIVIDUAL
   27  TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
   28  CLE EQUAL TO TWENTY-FIVE PERCENT OF QUALIFIED WIND ENERGY SYSTEM  EQUIP-
   29  MENT  EXPENDITURES.  THIS  CREDIT SHALL NOT EXCEED FIVE THOUSAND DOLLARS
   30  FOR QUALIFIED WIND ENERGY EQUIPMENT.
   31    (2) QUALIFIED WIND ENERGY SYSTEM EQUIPMENT EXPENDITURES. (A) THE  TERM
   32  "QUALIFIED WIND ENERGY SYSTEM EQUIPMENT EXPENDITURES" MEANS EXPENDITURES
   33  FOR  THE  PURCHASE OF WIND ENERGY SYSTEM EQUIPMENT WHICH IS INSTALLED IN
   34  CONNECTION WITH RESIDENTIAL PROPERTY WHICH IS (I) LOCATED IN THIS  STATE
   35  AND  (II)  WHICH IS USED BY THE TAXPAYER AS ANY OF HIS OR HER RESIDENCES
   36  AT THE TIME THE WIND ENERGY SYSTEM EQUIPMENT IS PLACED IN SERVICE.
   37    (B) SUCH QUALIFIED EXPENDITURES SHALL INCLUDE EXPENDITURES FOR MATERI-
   38  ALS, LABOR COSTS PROPERLY ALLOCABLE TO ON-SITE PREPARATION, ASSEMBLY AND
   39  ORIGINAL  INSTALLATION,  ARCHITECTURAL  AND  ENGINEERING  SERVICES,  AND
   40  DESIGNS  AND  PLANS DIRECTLY RELATED TO THE CONSTRUCTION OR INSTALLATION
   41  OF THE WIND ENERGY SYSTEM EQUIPMENT.
   42    (C) SUCH QUALIFIED EXPENDITURES SHALL NOT INCLUDE  INTEREST  OR  OTHER
   43  FINANCE CHARGES.
   44    (3)  WIND ENERGY SYSTEM EQUIPMENT. THE TERM "WIND ENERGY SYSTEM EQUIP-
   45  MENT" SHALL MEAN AN ARRANGEMENT OR COMBINATION OF  COMPONENTS  UTILIZING
   46  WIND,  WHICH, WHEN INSTALLED IN A RESIDENCE, PRODUCES ENERGY DESIGNED TO
   47  PROVIDE ELECTRICITY FOR USE  IN  SUCH  RESIDENCE.  SUCH  ARRANGEMENT  OR
   48  COMPONENTS  SHALL  NOT INCLUDE EQUIPMENT CONNECTED TO WIND ENERGY SYSTEM
   49  EQUIPMENT THAT IS A COMPONENT OF PART OR  PARTS  OF  A  NON-WIND  ENERGY
   50  SYSTEM OR WHICH USES ANY SORT OF RECREATIONAL FACILITY OR EQUIPMENT AS A
   51  STORAGE  MEDIUM. WIND ENERGY SYSTEM EQUIPMENT THAT GENERATES ELECTRICITY
   52  FOR USE IN A RESIDENCE MUST CONFORM TO APPLICABLE REQUIREMENTS SET FORTH
   53  IN SECTION SIXTY-SIX-L OF THE PUBLIC  SERVICE  LAW.  PROVIDED,  HOWEVER,
   54  WHERE  WIND  ENERGY  SYSTEM  EQUIPMENT  IS  PURCHASED AND INSTALLED BY A
   55  CONDOMINIUM MANAGEMENT ASSOCIATION OR A COOPERATIVE HOUSING CORPORATION,
       A. 6855                             4
    1  FOR PURPOSES OF THIS SUBSECTION ONLY, THE TERM  "TWENTY-FIVE  KILOWATTS"
    2  IN SUCH SECTION SIXTY-SIX-L SHALL BE READ AS "FIFTY KILOWATTS."
    3    (4)   MULTIPLE  TAXPAYERS.  WHERE  WIND  ENERGY  SYSTEM  EQUIPMENT  IS
    4  PURCHASED AND INSTALLED IN A RESIDENCE SHARED BY TWO OR MORE  TAXPAYERS,
    5  THE  AMOUNT  OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION FOR EACH SUCH
    6  TAXPAYER SHALL BE PRORATED ACCORDING TO  THE  PERCENTAGE  OF  THE  TOTAL
    7  EXPENDITURE  FOR  SUCH  WIND ENERGY SYSTEM EQUIPMENT CONTRIBUTED BY EACH
    8  TAXPAYER.
    9    (5)  PROPORTIONATE  SHARE.  WHERE  WIND  ENERGY  SYSTEM  EQUIPMENT  IS
   10  PURCHASED  AND  INSTALLED  BY  A CONDOMINIUM MANAGEMENT ASSOCIATION OR A
   11  COOPERATIVE HOUSING CORPORATION, A TAXPAYER  WHO  IS  A  MEMBER  OF  THE
   12  CONDOMINIUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE
   13  COOPERATIVE  HOUSING  CORPORATION MAY FOR THE PURPOSE OF THIS SUBSECTION
   14  CLAIM A PROPORTIONATE SHARE OF THE TOTAL EXPENSE AS THE EXPENDITURE  FOR
   15  THE PURPOSES OF THE CREDIT ATTRIBUTABLE TO HIS OR HER RESIDENCE.
   16    (6)  GRANTS. FOR PURPOSES OF DETERMINING THE AMOUNT OF THE EXPENDITURE
   17  INCURRED IN PURCHASING AND INSTALLING WIND ENERGY SYSTEM EQUIPMENT,  THE
   18  AMOUNT  OF  ANY  FEDERAL, STATE OR LOCAL GRANT RECEIVED BY THE TAXPAYER,
   19  WHICH WAS USED FOR THE PURCHASE AND/OR INSTALLATION  OF  SUCH  EQUIPMENT
   20  AND  WHICH WAS NOT INCLUDED IN THE FEDERAL GROSS INCOME OF THE TAXPAYER,
   21  SHALL NOT BE INCLUDED IN THE AMOUNT OF SUCH EXPENDITURES.
   22    (7) WHEN CREDIT ALLOWED. THE CREDIT PROVIDED FOR  IN  THIS  SUBSECTION
   23  SHALL  BE ALLOWED WITH RESPECT TO THE TAXABLE YEAR, COMMENCING AFTER TWO
   24  THOUSAND SEVENTEEN, IN WHICH THE WIND ENERGY SYSTEM EQUIPMENT IS  PLACED
   25  IN SERVICE.
   26    (8)  CARRYOVER  OF CREDIT. IF THE AMOUNT OF THE CREDIT, AND CARRYOVERS
   27  OF SUCH CREDIT, ALLOWABLE UNDER THIS SUBSECTION  FOR  ANY  TAXABLE  YEAR
   28  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
   29  CARRIED  OVER  TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE TAXABLE YEAR
   30  WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
   31  TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   32    S 8. This act shall take effect January 1, 2018  and  shall  apply  to
   33  taxable years beginning on and after such date.