Bill Text: NY S05455 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides an exemption for the sale of the first $35,000 for a battery, electric, or plug-in hybrid electric vehicle from state sales and compensating use taxes; authorizes local governments to elect such incentives; repeals the hybrid exemption after ten years.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced) 2024-03-26 - REPORTED AND COMMITTED TO FINANCE [S05455 Detail]
Download: New_York-2023-S05455-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5455 2023-2024 Regular Sessions IN SENATE March 6, 2023 ___________ Introduced by Sens. JACKSON, LIU, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Reven- ue AN ACT to amend the tax law, in relation to exempting the sale of the first thirty-five thousand dollars of a battery, electric, or plug-in hybrid electric vehicle from state sales and compensating use taxes, and to authorize cities and counties to elect such exemption The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of section 1115 of the tax law is amended 2 by adding a new paragraph 47 to read as follows: 3 (47) The receipts from the first thirty-five thousand dollars of the 4 retail sale or lease of a new battery, electric, or plug-in hybrid elec- 5 tric vehicle. For purposes of this paragraph the term "battery, elec- 6 tric, or plug-in hybrid electric vehicle" means a motor vehicle, as 7 defined in section one hundred twenty-five of the vehicle and traffic 8 law, that: 9 (i) has four wheels; 10 (ii) was manufactured for use primarily on public streets, roads and 11 highways; 12 (iii) the powertrain of which has not been modified from the original 13 manufacturer's specifications; 14 (iv) is rated at not more than eight thousand five hundred pounds 15 gross vehicle weight; 16 (v) has a maximum speed capability of at least fifty-five miles per 17 hour; and 18 (vi) is propelled at least in part by an electronic motor and associ- 19 ated power electronics which provide acceleration torque to the drive 20 wheels sometime during normal vehicle operation, and that draws elec- 21 tricity from a battery that: 22 (A) has a capacity of not less than four kilowatt hours; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04065-02-3S. 5455 2 1 (B) is capable of being recharged from an external source of electric- 2 ity. 3 § 2. Section 1160 of the tax law is amended by adding a new subdivi- 4 sion (d) to read as follows: 5 (d) The new battery, electric, or plug-in hybrid electric vehicles 6 exemption provided for in paragraph forty-seven of subdivision (a) of 7 section eleven hundred fifteen of this chapter shall not apply to or 8 limit the imposition of the tax imposed pursuant to this article. 9 § 3. Subparagraph (ii) of paragraph 1 of subdivision (a) of section 10 1210 of the tax law, as amended by section 5 of part J of chapter 59 of 11 the laws of 2021, is amended to read as follows: 12 (ii) Any local law, ordinance or resolution enacted by any city, coun- 13 ty or school district, imposing the taxes authorized by this subdivi- 14 sion, shall omit the residential solar energy systems equipment and 15 electricity exemption provided for in subdivision (ee), the commercial 16 solar energy systems equipment and electricity exemption provided for in 17 subdivision (ii), the commercial fuel cell electricity generating 18 systems equipment and electricity generated by such equipment exemption 19 provided for in subdivision (kk) [and], the clothing and footwear 20 exemption provided for in paragraph thirty of subdivision (a) of section 21 eleven hundred fifteen of this chapter, and the battery, electric, or 22 plug-in hybrid electric vehicle exemption provided for in paragraph 23 forty-seven of subdivision (a) of section eleven hundred fifteen of this 24 chapter unless such city, county or school district elects otherwise as 25 to such residential solar energy systems equipment and electricity 26 exemption, such commercial solar energy systems equipment and electric- 27 ity exemption, commercial fuel cell electricity generating systems 28 equipment and electricity generated by such equipment exemption [or], 29 such clothing and footwear exemption, or such battery, electric, or 30 plug-in hybrid electric vehicle exemption provided for in paragraph 31 forty-seven of subdivision (a) of section eleven hundred fifteen of this 32 chapter. 33 § 4. Paragraph 47 of subdivision (a) of section 1115 of the tax law, 34 as added by section one of this act, is amended to read as follows: 35 (47) The receipts from the first thirty-five thousand dollars of the 36 retail sale or lease of a new battery[,] or electric[, or plug-in hybrid37electric] vehicle. For purposes of this paragraph the term "battery[,] 38 or electric[, or plug-in hybrid electric] vehicle" means a motor vehi- 39 cle, as defined in section one hundred twenty-five of the vehicle and 40 traffic law, that: 41 (i) has four wheels; 42 (ii) was manufactured for use primarily on public streets, roads and 43 highways; 44 (iii) the powertrain of which has not been modified from the original 45 manufacturer's specifications; 46 (iv) is rated at not more than eight thousand five hundred pounds 47 gross vehicle weight; 48 (v) has a maximum speed capability of at least fifty-five miles per 49 hour; and 50 (vi) is propelled [at least in part] by an electronic motor and asso- 51 ciated power electronics which provide acceleration torque to the drive 52 wheels sometime during normal vehicle operation, and that draws elec- 53 tricity from a battery that: 54 (A) has a capacity of not less than four kilowatt hours; and 55 (B) is capable of being recharged from an external source of electric- 56 ity.S. 5455 3 1 § 5. Subdivision (d) of section 1160 of the tax law, as added by 2 section two of this act, is amended to read as follows: 3 (d) The new battery[,] or electric[, or plug-in hybrid electric] vehi- 4 cles exemption provided for in paragraph forty-seven of subdivision (a) 5 of section eleven hundred fifteen of this chapter shall not apply to or 6 limit the imposition of the tax imposed pursuant to this article. 7 § 6. Subparagraph (ii) of paragraph 1 of subdivision (a) of section 8 1210 of the tax law, as amended by section three of this act, is amended 9 to read as follows: 10 (ii) Any local law, ordinance or resolution enacted by any city, coun- 11 ty or school district, imposing the taxes authorized by this subdivi- 12 sion, shall omit the residential solar energy systems equipment and 13 electricity exemption provided for in subdivision (ee), the commercial 14 solar energy systems equipment and electricity exemption provided for in 15 subdivision (ii), the commercial fuel cell electricity generating 16 systems equipment and electricity generated by such equipment exemption 17 provided for in subdivision (kk), the clothing and footwear exemption 18 provided for in paragraph thirty of subdivision (a) of section eleven 19 hundred fifteen of this chapter, and the battery[,] or electric[, or20plug-in hybrid electric] vehicle exemption provided for in paragraph 21 forty-seven of subdivision (a) of section eleven hundred fifteen of this 22 chapter unless such city, county or school district elects otherwise as 23 to such residential solar energy systems equipment and electricity 24 exemption, such commercial solar energy systems equipment and electric- 25 ity exemption, commercial fuel cell electricity generating systems 26 equipment and electricity generated by such equipment exemption, such 27 clothing and footwear exemption, or such battery[,] or electric[, or28plug-in hybrid electric] vehicle exemption provided for in paragraph 29 forty-seven of subdivision (a) of section eleven hundred fifteen of this 30 chapter. 31 § 7. This act shall take effect on the first day of a sales tax quar- 32 terly period, as described in subdivision (b) of section 1136 of the tax 33 law, beginning at least one hundred twenty days after the date this act 34 shall have become a law and shall apply to sales made on or after such 35 date; provided, however, that sections four, five and six of this act 36 shall take effect ten years after such effective date and shall apply to 37 sales made on and after such date.
