NY State Senate Bill 2011-S7865

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 14, 2012	referred to rules

2011-S7865 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-eee, Gen Bus L; add §187-s, amd §§210 & 606, Tax L
Versions Introduced in 2013-2014 Legislative Session:: S1208

2011-S7865 (ACTIVE) - Summary

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.

2011-S7865 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7865

TITLE OF BILL:

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

PURPOSE:

The purpose of this bill is to require certain service stations and fuel
terminal and wholesalers to purchase and install an alternate generated
power source to be used during power outages.

SUMMARY OF PROVISIONS:

Section 1. This section required fuel terminals, wholesalers and certain
motor fuel retailers to purchase and install by September 1, 2014 an
alternate generated power source which will enable them to operate their
loading racks, fuel pumps, dispensing equipment, life safety systems,
and payment acceptance equipment within 24 hours of a major disaster
that causes the facility to lose electrical power. The bill requires all
motor fuel terminal facilities and wholesalers to purchase and install
an alternate generated power source. The bill also requires all newly
constructed or substantially renovated motor fuel retail outlet to
install this power source as well. Certain motor fuel retail outlets

within one half mile of an interstate or a federal or state evacuation
route will also be required to purchase and install an alternate gener-
ated power source.

These facilities will be required to have an electrical contractor
install a transfer switch as well as maintain documentation attesting to
the periodic testing and operational capacity of the system.

Section 2. Tax Credit:  This section will provide a tax credit for the
purchase and installation of an alternate generated power source.

Facilities that are required to purchase and install an alternate power
source under section one of the bill will be allowed a tax credit of up
to 50% of the cost of installation and purchase. If a facility is not
required to purchase and install the generator than the tax credit will
be 50% of the cost to purchase and install the power source but cannot
exceed $2,500.

If an alternate generated power source for which the facility received a
tax credit for is returned, sold, or removed from service within one
year from the date that the power source was installed, then the amount
of the tax credit will be re-captured.

JUSTIFICATION:

Hurricane Sandy left many New York counties devastated and without power
for weeks. Due to this, many gas stations were left without power and
were unable to meet the demands of thousands who were in need of gas for
their vehicles and home generators. When fuel became available, many gas
stations were still unable to provide it to consumers because their
facilities were still without power.  Consumers were forced to wait for
hours in mile long lines in order to get gas from the few stations that
were able to get their power restored. This legislation will ensure that
this does not occur again.

This legislation mirrors Florida law and proposed legislation in Cali-
fornia.  Florida and Louisiana are the only states thus far that require
certain service stations and terminals and wholesalers to install an
alternate power source. This requirement allows for these stations to
remain operable after a major disaster such as Hurricane Sandy.  Requir-
ing gas stations to have this alternate power source makes sure that
residents have access to gasoline that will enable them to be able to
leave the impacted area prior to or after the storm hits as well as to
be able to have motor fuel necessary to power their own home generators.
Including a tax credit, such as the one proposed in California, will
provide financial relief to those facilities that are required to
install a generator as well as provide a financial incentive to other
facilities to purchase a generator even though they may not be required
under this legislation.

This bill will ensure that gas stations have the necessary power to
continue to operate when there are large power outages due to a major
disaster. This will make sure the New York residents will continue to
have access to vital fuel to run their vehicles and own generators which
become crucial during the colder months.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Needs to be determined.

EFFECTIVE DATE:

Effective immediately.

2011-S7865 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7865

                            I N  S E N A T E

                            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:

  Section 1. The general business law is amended by adding a new section
399-eee to read as follows:
  S 399-EEE. ALTERNATE GENERATED POWER CAPACITY FOR MOTOR FUEL  DISPENS-
ING  FACILITIES.  1.  FOR  PURPOSES  OF THIS SECTION THE FOLLOWING DEFI-
NITIONS APPLY:
  (A) "MOTOR FUEL TERMINAL FACILITY" AS  DEFINED  IN  PARAGRAPH  (K)  OF
SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
  (B)  "WHOLESALER"  AS  DEFINED  IN PARAGRAPH (L) OF SUBDIVISION ONE OF
SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
  (C) "MAJOR DISASTER" SHALL MEAN OCCURRENCE OR IMMINENT THREAT OF WIDE-
SPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR  PROPERTY  RESULTING
FROM  ANY  NATURAL  OR  MAN-MADE  CAUSES, INCLUDING, BUT NOT LIMITED TO,
FIRE, FLOOD, EARTHQUAKE,  HURRICANE,  TORNADO,  HIGH  WATER,  LANDSLIDE,
MUDSLIDE,  WIND,  STORM,  WAVE  ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
CONTAMINATION, TERRORISM, CYBER  EVENT,  BLIGHT,  DROUGHT,  INFESTATION,
EXPLOSION,  RADIOLOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL, OR
BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE  OR  BRIDGE
COLLAPSE.
  (D) "ALTERNATE GENERATED POWER SOURCE" SHALL MEAN AN ELECTRICAL GENER-
ATOR THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILO-
WATTS OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE
ELECTRIC  POWER  WHEN  ELECTRIC  POWER  FROM A UTILITY SERVICE IS INTER-
RUPTED.
  (E) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
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

  (F) "SUBSTANTIALLY RENOVATED" SHALL MEAN A RENOVATION THAT RESULTS  IN
AN  INCREASE  OF GREATER THAN FIFTY PERCENT IN THE ASSESSED VALUE OF THE
MOTOR FUEL RETAIL OUTLET.
  2.  BY SEPTEMBER FIRST, TWO THOUSAND FOURTEEN 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 AN ALTER-
NATE GENERATED POWER SOURCE FOR A MINIMUM OF SEVENTY-TWO HOURS.  PENDING
A  POST-DISASTER  EXAMINATION OF THE EQUIPMENT BY THE OPERATOR TO DETER-
MINE ANY EXTENUATING DAMAGE THAT WOULD RENDER  IT  UNSAFE  TO  USE,  THE
FACILITY  SHALL HAVE SUCH ALTERNATE GENERATED POWER SOURCE AVAILABLE FOR
OPERATION NO LATER  THAN  TWENTY-FOUR  HOURS  AFTER  A  MAJOR  DISASTER.
INSTALLATION  OF  APPROPRIATE WIRING, INCLUDING A TRANSFER SWITCH, SHALL
BE DONE BY A CERTIFIED ELECTRICAL  CONTRACTOR.  EACH  BUSINESS  THAT  IS
SUBJECT  TO  THIS SECTION SHALL KEEP A COPY OF THE DOCUMENTATION OF SUCH
INSTALLATION ON SITE OR AT ITS  CORPORATE  HEADQUARTERS.  EACH  BUSINESS
SHALL  KEEP  A  WRITTEN  STATEMENT ATTESTING TO THE PERIODIC TESTING AND
ENSURED OPERATIONAL CAPACITY OF THE EQUIPMENT. THE  REQUIRED  DOCUMENTA-
TION  SHALL BE MADE AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES AND THE DIRECTOR OF THE COUNTY EMERGENCY
MANAGEMENT AGENCY.
  3. EACH  NEWLY  CONSTRUCTED  OR  SUBSTANTIALLY  RENOVATED  MOTOR  FUEL
OUTLET,  FOR  WHICH  A  CERTIFICATE  OF  OCCUPANCY IS ISSUED ON OR AFTER
SEPTEMBER FIRST, TWO THOUSAND THIRTEEN SHALL BE PRE-WIRED WITH AN APPRO-
PRIATE TRANSFER SWITCH, AND CAPABLE OF OPERATING FUEL PUMPS,  DISPENSING
EQUIPMENT,  LIFE  SAFETY SYSTEMS, AND PAYMENT ACCEPTANCE EQUIPMENT USING
AN ALTERNATE GENERATED POWER SOURCE.  LOCAL  BUILDING  INSPECTORS  SHALL
INCLUDE  THIS  EQUIPMENT  AND  OPERATIONS CHECK IN THE NORMAL INSPECTION
PROCESS BEFORE ISSUING A CERTIFICATE OF OCCUPANCY  ON  SITE  OR  AT  ITS
CORPORATE  HEADQUARTERS.  IN  ADDITION,  EACH  RETAIL OUTLET MUST KEEP A
WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING OF AND ENSURED OPER-
ATIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTS MUST  BE  MADE
AVAILABLE,  UPON REQUEST, TO THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY MANAGEMENT AND THE DIRECTOR OF  THE  COUNTY  EMERGENCY  MANAGEMENT
AGENCY.
  4. (A) NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND FOURTEEN EACH MOTOR
FUEL  RETAIL  OUTLET  DESCRIBED  IN  SUBDIVISIONS  TWO AND THREE OF THIS
SECTION WHICH IS LOCATED WITHIN ONE-HALF MILE TO AN  INTERSTATE  HIGHWAY
OR  STATE  OR  FEDERALLY  DESIGNATED EVACUATION ROUTE SHALL BE PRE-WIRED
WITH AN APPROPRIATE TRANSFER SWITCH AND BE CAPABLE OF OPERATING ALL FUEL
PUMPS, DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT ACCEPTANCE
EQUIPMENT USING ALTERNATE GENERATED POWER SOURCE:
  (I) A MOTOR FUEL RETAIL OUTLET LOCATED IN A CITY HAVING  A  POPULATION
OF ONE MILLION OR MORE WHICH HAS SIXTEEN OR MORE FUELING POSITIONS.
  (II)  A  MOTOR  FUEL  RETAIL OUTLET LOCATED IN A COUNTY HAVING A POPU-
LATION OF THREE HUNDRED THOUSAND OR MORE WHICH HAS SIXTEEN OR MORE FUEL-
ING POSITIONS.
  (III) A MOTOR FUEL RETAIL OUTLET LOCATED IN A COUNTY  HAVING  A  POPU-
LATION  OF  ONE  HUNDRED  THOUSAND OR MORE, BUT FEWER THAN THREE HUNDRED
THOUSAND WHICH HAS TWELVE OR MORE FUELING POSITIONS.
  (IV) A MOTOR FUEL RETAIL OUTLET LOCATED IN A  COUNTY  HAVING  A  POPU-
LATION  OF FEWER THAN ONE HUNDRED THOUSAND WHICH HAS EIGHT OR MORE FUEL-
ING POSITIONS.
  (B) INSTALLATION OF APPROPRIATE WIRING AND TRANSFER SWITCHES SHALL  BE
DONE BY A CERTIFIED ELECTRICAL CONTRACTOR. EACH BUSINESS THAT IS SUBJECT
TO THIS SECTION SHALL KEEP A COPY OF THE DOCUMENTATION OF SUCH INSTALLA-
TION  ON SITE OR AT ITS CORPORATE HEADQUARTERS. EACH BUSINESS SHALL KEEP

S. 7865                             3

A WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING AND ENSURED OPERA-
TIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED  DOCUMENTATION  SHALL  BE
MADE  AVAILABLE,  UPON REQUEST, TO THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY MANAGEMENT AND THE DIRECTOR OF THE COUNTY EMERGENCY MANAGEMENT
AGENCY.
  5.  (A)  SUBDIVISIONS  TWO AND THREE OF THIS SECTION APPLY TO ANY SELF
SERVICE, FULL SERVICE OR COMBINATION SELF-SERVICE AND FULL SERVICE MOTOR
FUEL RETAIL OUTLET REGARDLESS OF  WHETHER  THE  FUEL  RETAIL  OUTLET  IS
LOCATED  ON  THE  GROUNDS  OF,  OR  IS OWNED BY, ANOTHER RETAIL BUSINESS
ESTABLISHMENT THAT DOES NOT ENGAGE IN  THE  BUSINESS  OF  SELLING  MOTOR
FUEL.
  (B) SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL NOT APPLY TO:
  (I) AN AUTOMOBILE DEALER;
  (II) A PERSON WHO OPERATES A FLEET OF MOTOR VEHICLES;
  (III)  A  PERSON  WHO SELLS MOTOR FUEL EXCLUSIVELY TO A FLEET OF MOTOR
VEHICLES; OR
  (IV) A MOTOR FUEL RETAIL OUTLET THAT HAS A WRITTEN  AGREEMENT  WITH  A
PUBLIC HOSPITAL, IN A FORM APPROVED BY THE DIVISION OF EMERGENCY MANAGE-
MENT,  WHEREIN  THE  PUBLIC  HOSPITAL  AGREES  TO PROVIDE THE MOTOR FUEL
RETAIL OUTLET WITH AN ALTERNATIVE MEANS OF POWER  GENERATION  ONSITE  SO
THAT  THE  OUTLET'S  FUEL  PUMPS MAY BE OPERATED IN THE EVENT OF A POWER
OUTAGE.
  6. (A) EACH CORPORATION OR OTHER ENTITY THAT OWNS TEN  OR  MORE  MOTOR
FUEL  RETAIL  OUTLETS  LOCATED  WITHIN A SINGLE COUNTY SHALL MAINTAIN AT
LEAST ONE PORTABLE GENERATOR THAT IS CAPABLE OF PROVIDING  AN  ALTERNATE
GENERATED POWER SOURCE AS REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION
FOR  EVERY  TEN  OUTLETS.  IF  AN ENTITY OWNS MORE THAN TEN OUTLETS OR A
MULTIPLE OF TEN OUTLETS PLUS AN ADDITIONAL SIX OUTLETS, THE ENTITY  MUST
PROVIDE  AN ADDITIONAL GENERATOR TO ACCOMMODATE SUCH ADDITIONAL OUTLETS.
EACH PORTABLE GENERATOR MUST BE STORED WITHIN THIS  STATE  AND  MUST  BE
AVAILABLE FOR USE IN AN AFFECTED LOCATION WITHIN TWENTY-FOUR HOURS AFTER
THE DISASTER.
  (B)  FOR  PURPOSES  OF  THIS SECTION, OWNERSHIP OF A MOTOR FUEL RETAIL
OUTLET IS THE OWNER OF RECORD OF THE FUEL STORAGE SYSTEMS  OPERATING  AT
THE LOCATION.
  S  2.  The tax law is amended by adding a new section 187-s to read as
follows:
  S 187-S. TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (A) (1) FOR  EACH
TAXABLE  YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN
AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL  BE  ALLOWED
AS  A  CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO
FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR
THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE  AT
A  MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI-
SIONS TWO AND THREE OF SECTION  THREE  HUNDRED  NINETY-NINE-EEE  OF  THE
GENERAL BUSINESS LAW.
  (2)  FOR  EACH  TAXABLE  YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN  THERE
SHALL  BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING  THE
TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
POWER  SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
NOT SUBJECT TO THE REQUIREMENTS UNDER  SUBDIVISIONS  TWO  AND  THREE  OF
SECTION  THREE  HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT
TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
  (B) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION:

S. 7865                             4

  (1) "ALTERNATE GENERATED POWER SOURCE" MEANS AN  ELECTRICAL  GENERATOR
THAT  IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS
OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC-
TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED.
  (2) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS
LAW  AND  IS  OWNED  BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS
THAN ONE MILLION DOLLARS FOR ANY  TAXABLE  YEAR  FOR  WHICH  THE  CREDIT
AUTHORIZED  BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES
OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR  707
OF  THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER-
MINING WORLDWIDE GROSS RECEIPTS.
  (3) "GROSS RECEIPTS" SHALL HAVE THE  SAME  MEANING  AS  SET  FORTH  IN
SECTION ONE HUNDRED EIGHTY-TWO-A OF THIS ARTICLE.
  (C)  THE  DEPRECIABLE  BASIS  OF  ANY ALTERNATE GENERATED POWER SOURCE
SHALL BE REDUCED BY THE  AMOUNT  OF  ANY  CREDIT  ALLOWABLE  UNDER  THIS
SECTION.
  (D)  IF  AN  ALTERNATE  GENERATED  POWER  SOURCE FOR WHICH A CREDIT IS
ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER  SOLD,  RETURNED  TO  THE
VENDOR,  OR  OTHERWISE  REMOVED  FROM SERVICE BY THE TAXPAYER WITHIN ONE
YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE  WAS  PLACED  IN
SERVICE,  THE  AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE
AND INSTALLATION OF THAT  ALTERNATE  GENERATED  POWER  SOURCE  SHALL  BE
RECAPTURED  BY  ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR
THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE  IS  SOLD
OR REMOVED.
  (E)  IN  THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE
YEAR ANY EXCESS MAY BE CARRIED OVER IN  THE  FOLLOWING  YEAR,  AND  FIVE
SUCCEEDING  YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED
BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
  S 3. Section 210 of the tax law is amended by adding a new subdivision
46 to read as follows:
  46. TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (A) (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN  AND
BEFORE  JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED AS A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO  FIFTY
PERCENT  OF  THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR THE
PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER  SOURCE  AT  A
MOTOR  FUEL  RETAIL  OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI-
SIONS TWO AND THREE OF SECTION  THREE  HUNDRED  NINETY-NINE-EEE  OF  THE
GENERAL BUSINESS LAW.
  (2)  FOR  EACH  TAXABLE  YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN  THERE
SHALL  BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING  THE
TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
POWER  SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
NOT SUBJECT TO THE REQUIREMENTS UNDER  SUBDIVISIONS  TWO  AND  THREE  OF
SECTION  THREE  HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT
TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
  (B) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION:
  (1) "ALTERNATE GENERATED POWER SOURCE" MEANS AN  ELECTRICAL  GENERATOR
THAT  IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS
OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC-
TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED.

S. 7865                             5

  (2) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS
LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE  GROSS  RECEIPTS  OF  LESS
THAN  ONE  MILLION  DOLLARS  FOR  ANY  TAXABLE YEAR FOR WHICH THE CREDIT
AUTHORIZED  BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES
OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR  707
OF  THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER-
MINING WORLDWIDE GROSS RECEIPTS.
  (3) "GROSS RECEIPTS" SHALL HAVE THE  SAME  MEANING  AS  SET  FORTH  IN
SECTION ONE HUNDRED-EIGHTY-TWO-A OF THIS CHAPTER.
  (C)  THE  DEPRECIABLE  BASIS  OF  ANY ALTERNATE GENERATED POWER SOURCE
SHALL BE REDUCED BY THE  AMOUNT  OF  ANY  CREDIT  ALLOWABLE  UNDER  THIS
SECTION.
  (D)  IF  AN  ALTERNATE  GENERATED  POWER  SOURCE FOR WHICH A CREDIT IS
ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER  SOLD,  RETURNED  TO  THE
VENDOR,  OR  OTHERWISE  REMOVED  FROM SERVICE BY THE TAXPAYER WITHIN ONE
YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE  WAS  PLACED  IN
SERVICE,  THE  AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE
AND INSTALLATION OF THAT  ALTERNATE  GENERATED  POWER  SOURCE  SHALL  BE
RECAPTURED  BY  ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR
THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE  IS  SOLD
OR REMOVED.
  (E)  IN  THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE
YEAR ANY EXCESS MAY BE CARRIED OVER IN  THE  FOLLOWING  YEAR,  AND  FIVE
SUCCEEDING  YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED
BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
  S 4. Section 606 of the tax law is amended by adding a new  subsection
(u) to read as follows:
  (U)  TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (1)(A) FOR EACH TAXA-
BLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN  AND
BEFORE  JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED AS A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO  FIFTY
PERCENT  OF  THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR THE
PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER  SOURCE  AT  A
MOTOR  FUEL  RETAIL  OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI-
SIONS TWO AND THREE OF SECTION  THREE  HUNDRED  NINETY-NINE-EEE  OF  THE
GENERAL BUSINESS LAW.
  (B)  FOR  EACH  TAXABLE  YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN  THERE
SHALL  BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING  THE
TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
POWER  SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
NOT SUBJECT TO THE REQUIREMENTS UNDER  SUBDIVISIONS  TWO  AND  THREE  OF
SECTION  THREE  HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT
TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
  (2) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION:
  (A) "ALTERNATE GENERATED POWER SOURCE" MEANS AN  ELECTRICAL  GENERATOR
THAT  IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS
OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC-
TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED.
  (B) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS
LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE  GROSS  RECEIPTS  OF  LESS
THAN  ONE  MILLION  DOLLARS  FOR  ANY  TAXABLE YEAR FOR WHICH THE CREDIT
AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY  TRADES

S. 7865                             6

OR  BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707
OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF  DETER-
MINING WORLDWIDE GROSS RECEIPTS.
  (C)  "GROSS  RECEIPTS"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN
SECTION ONE HUNDRED EIGHTY-TWO-A OF THIS CHAPTER.
  (3) THE DEPRECIABLE BASIS OF  ANY  ALTERNATE  GENERATED  POWER  SOURCE
SHALL  BE  REDUCED  BY  THE  AMOUNT  OF  ANY CREDIT ALLOWABLE UNDER THIS
SECTION.
  (4) IF AN ALTERNATE GENERATED POWER  SOURCE  FOR  WHICH  A  CREDIT  IS
ALLOWED  PURSUANT  TO  THIS  SECTION IS THEREAFTER SOLD, RETURNED TO THE
VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY  THE  TAXPAYER  WITHIN  ONE
YEAR  FROM  THE  DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN
SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR  THE  PURCHASE
AND  INSTALLATION  OF  THAT  ALTERNATE  GENERATED  POWER SOURCE SHALL BE
RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE  TAXPAYER  FOR
THE  TAXABLE  YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD
OR REMOVED.
  (5) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN  THE  TAXABLE
YEAR  ANY  EXCESS  MAY  BE  CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE
SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX  IMPOSED
BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
  S  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a  new  clause  (xxxv)  to  read  as
follows:

(XXXV) ALTERNATE GENERATED STORAGE   AMOUNT OF CREDIT UNDER
CREDIT UNDER SUBSECTION (U)          SUBDIVISION FORTY-SIX OF
                                     SECTION TWO HUNDRED TEN

  S  6.  This act shall take effect immediately; provided the provisions
of sections two, three, four and five of this act shall  expire  and  be
deemed repealed January 1, 2018.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7865

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2011-S7865 (ACTIVE) - Details

2011-S7865 (ACTIVE) - Summary

2011-S7865 (ACTIVE) - Sponsor Memo

2011-S7865 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7865

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Rules Committee

2011-S7865 (ACTIVE) - Details

2011-S7865 (ACTIVE) - Summary

2011-S7865 (ACTIVE) - Sponsor Memo

2011-S7865 (ACTIVE) - Bill Text download pdf

Comments