NY State Senate Bill 2013-S4120A

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2014	print number 4120a
Jan 15, 2014	amend and recommit to energy and telecommunications
Jan 08, 2014	referred to energy and telecommunications
Mar 11, 2013	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2013-S4120 - Details

See Assembly Version of this Bill:: A1595
Current Committee:: Senate Energy And Telecommunications
Law Section:: Tax Law
Laws Affected:: Amd §§187-n, 210, 606, 1456, 1511 & 20, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5563, A8381
2011-2012: S1114, A188

2013-S4120 - Summary

Relates to restoring the fuel cell tax credit.

2013-S4120 - Sponsor Memo

                                BILL NUMBER:S4120

TITLE OF BILL:  An act to amend the tax law, in relation to restoring
the fuel cell tax credit

PURPOSE OR GENERAL IDEA OF BILL:  Restores a previously existing tax
credit for certain qualified fuel cell electric generating
expenditures.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 187-n of the tax law, to
restore a business tax credit of up to $1,500 per unit for businesses
who purchase qualified fuel cell electric generating equipment.

Section 2 amends paragraph (a) of subdivision 37 of section 210 of the
tax law, to restore the same credit for the corporate franchise tax.

Section 3 amends paragraph 1 of subsection (g-2) of section 606 of the
tax law to restore a credit for purposes of personal income tax.

Section 4 amends paragraph 1 of subsection (t) of section 1456 of the
tax law to restore the fuel cell franchise tax credit for banking
institutions.

Section 5 amends Paragraph 1 of subdivision x of section 1511 of the

tax law to restore the credit for purposes of insurance corporations.

Section 6 amends subdivision (a) of section 20 of the tax law to
restore the credit provided for by cross-reference in subdivision (d)
of such section.

Section 7 amends subparagraph (B) of paragraph 1 of subsection (i) of
section 606 of the tax law to make conforming changes.

Section 8 provides that the bill shall apply to tax years beginning
after January 1, 2013.

JUSTIFICATION:  This bill restores a fuel cell technology tax credit
in effect since 2005 which was eliminated in the 2009-2010 budget
process. The credit was originally designed to encourage the use of
alternate, more energy efficient and environmentally friendly fuel
cell based energy for businesses. Since the introduction of the
credit, fuel cell technology has grown into a viable source of back-up
power source for cell towers and a variety of electric generating
uses.

In its 2003 report to Congress, the federal Department of Energy (DOE)
stated the following about fuel cell technology:

* Fuel cell technologies offer unique opportunities for significant
reductions in both energy use and emissions for transportation and
stationary power applications.


* Efficiency improvements over conventional technologies that are
inherent to fuel cells could lead to considerable energy savings and
reduction in greenhouse gas emissions.

* The use of hydrogen in fuel cells, produced from diverse, domestic
resources, could result in reduced demand for foreign oil in
transportation applications.

* Widespread use of fuel cell technology could make a significant
improvement in air quality in the United States. (see, DOE Report,
ESECS EE-1973.)

Over the four years the fuel cell tax credit has been in existence,
New York has grown its use of fuel cells, and the State's domestic
producers of fuel cells have diversified their offerings.

Restoration of the fuel cell tax credit will continue New York's
public policy of promoting increased use of greenhouse gas reducing
power technologies. Increased usage of fuel cell technology will
enhance and diversify New York's available power sources, and decrease
the use of non-renewable resources and our reliance on traditional
forms of energy.

PRIOR LEGISLATIVE HISTORY:  2011-2012 A188 - Referred to Ways and
Means 2009-2010 A8381 - Referred to Ways and Means S.57B/A.157B (2009)
- Signed as Chapter 57 of the Laws of 2009.  S.29945/A.5881B (2005) -
Signed as Chapter 446 of the Laws of 2005.

FISCAL IMPLICATIONS:  Initial fiscal impact will be minimal.

EFFECTIVE DATE:  This act shall take effect immediately, and shall be
deemed to have been in effect on and after January 1, 2013.

2013-S4120 - Bill Text download pdf

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

                                  4120

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 11, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT to amend the tax law, in relation to restoring the fuel cell tax
  credit

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 187-n of the tax law, as amended
by section 1 of part C-1 of chapter 57 of the laws of 2009,  is  amended
to read as follows:
  (1)  Allowance  of credit. [For taxable years beginning before January
first, two thousand nine, a] A taxpayer whose business is  not  substan-
tially engaged in the commercial generation, distribution, transmission,
or  servicing  of  energy  or  energy products shall be allowed a credit
against the taxes imposed by  sections  one  hundred  eighty-three,  one
hundred  eighty-four  and one hundred eighty-five of this article, equal
to its qualified fuel cell electric generating  equipment  expenditures.
Provided,  however, that the amount of such credit allowable against the
tax imposed by section one hundred eighty-four of this article shall  be
the  excess  of  the amount of such credit over the amount of any credit
allowed by this section against the tax imposed by section  one  hundred
eighty-three  of this article. This credit shall not exceed one thousand
five hundred dollars per generating unit with  respect  to  any  taxable
year.  The  credit  provided for herein shall be allowed with respect to
the taxable year in which the fuel cell electric generating equipment is
placed in service.
  S 2. Paragraph (a) of subdivision 37 of section 210 of the tax law, as
amended by section 2 of part C-1 of chapter 57 of the laws of  2009,  is
amended to read as follows:
  (a)  Allowance  of credit. [For taxable years beginning before January
first, two thousand nine, a]  A  taxpayer  shall  be  allowed  a  credit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03731-01-3

S. 4120                             2

against  the  tax  imposed  by this article, equal to its qualified fuel
cell electric generating equipment expenditures. This credit  shall  not
exceed  one  thousand  five  hundred  dollars  per  generating unit with
respect  to  any  taxable  year. The credit provided for herein shall be
allowed with respect to the taxable year in which the fuel cell electric
generating equipment is placed in service.
  S 3. Paragraph 1 of subsection (g-2) of section 606 of the tax law, as
amended by section 3 of part C-1 of chapter 57 of the laws of  2009,  is
amended to read as follows:
  (1)  General.  [For  taxable years beginning before January first, two
thousand nine, an] AN individual taxpayer  shall  be  allowed  a  credit
against the tax imposed by this article equal to twenty percent of qual-
ified  fuel cell electric generating equipment expenditures. This credit
shall not exceed one thousand five hundred dollars per  generating  unit
with  respect  to any taxable year. The credit provided for herein shall
be allowed with respect to the taxable year in which the fuel cell elec-
tric generating equipment is placed in service.
  S 4. Paragraph 1 of subsection (t) of section 1456 of the tax law,  as
amended  by  section 4 of part C-1 of chapter 57 of the laws of 2009, is
amended to read as follows:
  (1) Allowance of credit. [For taxable years beginning  before  January
first,  two  thousand  nine,  a]  A  taxpayer  shall be allowed a credit
against the tax imposed by this article, equal  to  its  qualified  fuel
cell  electric  generating equipment expenditures. This credit shall not
exceed one thousand  five  hundred  dollars  per  generating  unit  with
respect  to any taxable year. The credit provided for in this subsection
shall be allowed with respect to the taxable year in which the fuel cell
electric generating equipment is placed in service.
  S 5. Paragraph 1 of subdivision (x) of section 1511 of the tax law, as
amended by section 5 of part C-1 of chapter 57 of the laws of  2009,  is
amended to read as follows:
  (1)  Allowance  of credit. [For taxable years beginning before January
first, two thousand nine, a]  A  taxpayer  shall  be  allowed  a  credit
against  the  tax  imposed  by this article, equal to its qualified fuel
cell electric generating equipment expenditures. This credit  shall  not
exceed  one  thousand  five  hundred  dollars  per  generating unit with
respect to any taxable year. The credit provided for in this subdivision
shall be allowed with respect to the taxable year in which the fuel cell
electric generating equipment is placed in service.
  S 6. Subdivision (a) of section 20 of  the  tax  law,  as  amended  by
section  6  of part C-1 of chapter 57 of the laws of 2009, is amended to
read as follows:
  (a) Allowance of credit. [For taxable years beginning  before  January
first,  two  thousand  nine,  a] A taxpayer subject to tax under article
nine, nine-A, twenty-two, thirty-two or  thirty-three  of  this  chapter
shall  be  allowed a credit against such tax, pursuant to the provisions
referenced in subdivision (d) of  this  section.  The  credit  shall  be
allowed  where  a taxpayer has made a certified contribution of at least
ten million dollars to a qualified transportation improvement project in
a prior taxable year. The credit shall be equal to six  percent  of  the
taxpayer's increased qualified business facility payroll for the taxable
year. The aggregate of all credit amounts allowed to the taxpayer pursu-
ant  to  this section with respect to a certified contribution shall not
exceed the amount of such certified contribution.
  S 7. Clauses (xiv) and (xxv) of subparagraph (B)  of  paragraph  1  of
subsection (i) of section 606 of the tax law, as amended by section 7 of

S. 4120                             3

part  C-1  of  chapter  57  of  the laws of 2009, are amended to read as
follows:

(xiv) Credit for transportation      [For taxable years beginning
improvement contributions under      before January first, two thousand
subsection (z)                       nine, amount] AMOUNT
                                     of credit under subdivision
                                     thirty-two of section
                                     two hundred ten or subsection
                                     (n) of section fourteen
                                     hundred fifty-six

(xxv) Credit for qualified fuel      [For taxable years beginning before
cell electric generating             January first, two thousand nine,
equipment expenditures               amount] AMOUNT of credit
under subsection (g-2)               under subdivision thirty-seven of
                                     section two hundred ten or
                                     subsection (t) of section fourteen
                                     hundred fifty-six
  S  8.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.

2013-S4120A (ACTIVE) - Details

See Assembly Version of this Bill:: A1595
Current Committee:: Senate Energy And Telecommunications
Law Section:: Tax Law
Laws Affected:: Amd §§187-n, 210, 606, 1456, 1511 & 20, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5563, A8381
2011-2012: S1114, A188

2013-S4120A (ACTIVE) - Summary

Relates to restoring the fuel cell tax credit.

2013-S4120A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4120A

TITLE OF BILL:  An act to amend the tax law, in relation to restoring
the fuel cell tax credit

PURPOSE OR GENERAL IDEA OF BILL: Restores a previously existing tax
credit for certain qualified fuel cell electric generating
expenditures.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 187-n of the tax law, to
restore a business tax credit of up to $1,500 per unit for businesses
who purchase qualified fuel cell electric generating equipment.

Section 2 amends paragraph (a) of subdivision 37 of section 210 of the
tax law, to restore the same credit for the corporate franchise tax.

Section 3 amends paragraph 1 of subsection (g-2) of section 606 of the
tax law to restore a credit for purposes of personal income tax.

Section 4 amends paragraph 1 of subsection (t) of section 1456 of the
tax law to restore the fuel cell franchise tax credit for banking
institutions.

Section 5 amends Paragraph 1 of subdivision x of section 1511 of the

tax law to restore the credit for purposes of insurance corporations.

Section 6 amends subdivision (a) of section 20 of the tax law to
restore the credit provided for by cross-reference in subdivision (d)
of such section.

Section 7 amends subparagraph (B) of paragraph 1 of subsection (I) of
section 606 of the tax law to make conforming changes.

Section 8 provides that the bill shall apply to tax years beginning
after January 1, 2014.

JUSTIFICATION: This bill restores a fuel cell technology tax credit in
effect since 2005 which was eliminated in the 2009-2010 budget
process. The credit was originally designed to encourage the use of
alternate, more energy efficient and environmentally friendly fuel
cell based energy for businesses. Since the introduction of the
credit, fuel cell technology has grown into a viable source of back-up
power source for cell towers and a variety of electric generating
uses.

In its 2003 report to Congress, the federal Department of Energy (DOE)
stated the following about fuel cell technology:

* Fuel cell technologies offer unique opportunities for significant
reductions in both energy use and emissions for transportation and
stationary power applications.

* Efficiency improvements over conventional technologies that are
inherent to fuel cells could lead to considerable energy savings and
reduction in greenhouse gas emissions.


* The use of hydrogen in fuel cells, produced from diverse, domestic
resources, could result in reduced demand for foreign oil in
transportation applications.

* Widespread use of fuel cell technology could make a significant
improvement in air quality in the United States. (see, DOE Report,
ESECS EE-1973.)

Over the four years the fuel cell tax credit has been in existence,
New York has grown its use of fuel cells, and the State's domestic
producers of fuel cells have diversified their offerings.

Restoration of the fuel cell tax credit. will continue New York's
public policy of promoting increased use of greenhouse gas reducing
power technologies. Increased usage of fuel cell technology will
enhance and diversify New York's available power sources, and decrease
the use of non-renewable resources and our reliance on traditional
forms of energy.

PRIOR LEGISLATIVE HISTORY: 2011-2012 A188 - Referred to Ways and Means
2009-2010 A8381 - Referred to Ways and Means S.57B/A.157B (2009) -
Signed as Chapter 57 of the Laws of 2009. S.2994B/A.5881B (2005)
Signed as Chapter 446 of the Laws of 2005.

FISCAL IMPLICATIONS: Initial fiscal impact will be minimal.

EFFECTIVE DATE: This act. shall take effect immediately, and shall be
deemed to have been in effect on and after January 1, 2014.

2013-S4120A (ACTIVE) - Bill Text download pdf

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

                                 4120--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 11, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  recommitted  to  the Committee on Energy and Telecommuni-
  cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the tax law, in relation to restoring the fuel cell tax
  credit

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 187-n of the tax law, as amended
by section 1 of part C-1 of chapter 57 of the laws of 2009,  is  amended
to read as follows:
  (1)  Allowance  of credit. [For taxable years beginning before January
first, two thousand nine, a] A taxpayer whose business is  not  substan-
tially engaged in the commercial generation, distribution, transmission,
or  servicing  of  energy  or  energy products shall be allowed a credit
against the taxes imposed by  sections  one  hundred  eighty-three,  one
hundred  eighty-four  and one hundred eighty-five of this article, equal
to its qualified fuel cell electric generating  equipment  expenditures.
Provided,  however, that the amount of such credit allowable against the
tax imposed by section one hundred eighty-four of this article shall  be
the  excess  of  the amount of such credit over the amount of any credit
allowed by this section against the tax imposed by section  one  hundred
eighty-three  of this article. This credit shall not exceed one thousand
five hundred dollars per generating unit with  respect  to  any  taxable
year.  The  credit  provided for herein shall be allowed with respect to
the taxable year in which the fuel cell electric generating equipment is
placed in service.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03731-02-4

S. 4120--A                          2

  S 2. Paragraph (a) of subdivision 37 of section 210 of the tax law, as
amended by section 2 of part C-1 of chapter 57 of the laws of  2009,  is
amended to read as follows:
  (a)  Allowance  of credit. [For taxable years beginning before January
first, two thousand nine, a]  A  taxpayer  shall  be  allowed  a  credit
against  the  tax  imposed  by this article, equal to its qualified fuel
cell electric generating equipment expenditures. This credit  shall  not
exceed  one  thousand  five  hundred  dollars  per  generating unit with
respect to any taxable year. The credit provided  for  herein  shall  be
allowed with respect to the taxable year in which the fuel cell electric
generating equipment is placed in service.
  S 3. Paragraph 1 of subsection (g-2) of section 606 of the tax law, as
amended  by  section 3 of part C-1 of chapter 57 of the laws of 2009, is
amended to read as follows:
  (1) General. [For taxable years beginning before  January  first,  two
thousand  nine,  an]  AN  individual  taxpayer shall be allowed a credit
against the tax imposed by this article equal to twenty percent of qual-
ified fuel cell electric generating equipment expenditures. This  credit
shall  not  exceed one thousand five hundred dollars per generating unit
with respect to any taxable year. The credit provided for  herein  shall
be allowed with respect to the taxable year in which the fuel cell elec-
tric generating equipment is placed in service.
  S  4. Paragraph 1 of subsection (t) of section 1456 of the tax law, as
amended by section 4 of part C-1 of chapter 57 of the laws of  2009,  is
amended to read as follows:
  (1)  Allowance  of credit. [For taxable years beginning before January
first, two thousand nine, a]  A  taxpayer  shall  be  allowed  a  credit
against  the  tax  imposed  by this article, equal to its qualified fuel
cell electric generating equipment expenditures. This credit  shall  not
exceed  one  thousand  five  hundred  dollars  per  generating unit with
respect to any taxable year. The credit provided for in this  subsection
shall be allowed with respect to the taxable year in which the fuel cell
electric generating equipment is placed in service.
  S 5. Paragraph 1 of subdivision (x) of section 1511 of the tax law, as
amended  by  section 5 of part C-1 of chapter 57 of the laws of 2009, is
amended to read as follows:
  (1) Allowance of credit. [For taxable years beginning  before  January
first,  two  thousand  nine,  a]  A  taxpayer  shall be allowed a credit
against the tax imposed by this article, equal  to  its  qualified  fuel
cell  electric  generating equipment expenditures. This credit shall not
exceed one thousand  five  hundred  dollars  per  generating  unit  with
respect to any taxable year. The credit provided for in this subdivision
shall be allowed with respect to the taxable year in which the fuel cell
electric generating equipment is placed in service.
  S  6.  Subdivision  (a)  of  section  20 of the tax law, as amended by
section 6 of part C-1 of chapter 57 of the laws of 2009, is  amended  to
read as follows:
  (a)  Allowance  of credit. [For taxable years beginning before January
first, two thousand nine, a] A taxpayer subject  to  tax  under  article
nine,  nine-A,  twenty-two,  thirty-two  or thirty-three of this chapter
shall be allowed a credit against such tax, pursuant to  the  provisions
referenced  in  subdivision  (d)  of  this  section. The credit shall be
allowed where a taxpayer has made a certified contribution of  at  least
ten million dollars to a qualified transportation improvement project in
a  prior  taxable  year. The credit shall be equal to six percent of the
taxpayer's increased qualified business facility payroll for the taxable

S. 4120--A                          3

year. The aggregate of all credit amounts allowed to the taxpayer pursu-
ant to this section with respect to a certified contribution  shall  not
exceed the amount of such certified contribution.
  S  7.  Clauses  (xiv)  and (xxv) of subparagraph (B) of paragraph 1 of
subsection (i) of section 606 of the tax law, as amended by section 7 of
part C-1 of chapter 57 of the laws of  2009,  are  amended  to  read  as
follows:

(xiv) Credit for transportation      [For taxable years beginning
improvement contributions under      before January first, two thousand
subsection (z)                       nine, amount] AMOUNT
                                     of credit under subdivision
                                     thirty-two of section
                                     two hundred ten or subsection
                                     (n) of section fourteen
                                     hundred fifty-six

(xxv) Credit for qualified fuel      [For taxable years beginning before
cell electric generating             January first, two thousand nine,
equipment expenditures               amount] AMOUNT of credit
under subsection (g-2)               under subdivision thirty-seven of
                                     section two hundred ten or
                                     subsection (t) of section fourteen
                                     hundred fifty-six
  S  8.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2014.

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Senate Bill S4120A

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2013-S4120 - Details

2013-S4120 - Summary

2013-S4120 - Sponsor Memo

2013-S4120 - Bill Text download pdf

2013-S4120A (ACTIVE) - Details

2013-S4120A (ACTIVE) - Summary

2013-S4120A (ACTIVE) - Sponsor Memo

2013-S4120A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4120A

Share this bill

Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2013-S4120 - Details

2013-S4120 - Summary

2013-S4120 - Sponsor Memo

2013-S4120 - Bill Text download pdf

2013-S4120A (ACTIVE) - Details

2013-S4120A (ACTIVE) - Summary

2013-S4120A (ACTIVE) - Sponsor Memo

2013-S4120A (ACTIVE) - Bill Text download pdf

Comments