Senate Bill S5074

2009-2010 Legislative Session

Exempts the sale and installation of commercial solar energy systems equipment from state sales and compensating use taxes; grants localities option to exempt

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2010	print number 5074a
Mar 15, 2010	amend and recommit to energy and telecommunications
Jan 06, 2010	referred to energy and telecommunications
Apr 27, 2009	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2009-S5074 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Tax Law
Laws Affected:: Amd §§1115 & 1210, Tax L
Versions Introduced in 2011-2012 Legislative Session:: S3203

2009-S5074 - Summary

Exempts the sale and installation of commercial solar energy systems equipment, when the installer employs workers who are residents of this state, from sales and compensating use taxes; grants municipalities the option to grant such exemption from local sales and use taxes.

2009-S5074 - Sponsor Memo

2009-S5074 - Bill Text download pdf

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

                                  5074

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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 exempting the sale and
  installation of commercial solar energy systems equipment  from  state
  sales  and  compensating  use  taxes  and  granting municipalities the
  option to grant such exemption

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

  Section  1.  Section  1115  of  the tax law is amended by adding a new
subdivision (gg) to read as follows:
  (GG) RECEIPTS FROM THE RETAIL SALE OF COMMERCIAL SOLAR ENERGY  SYSTEMS
EQUIPMENT  AND OF THE SERVICE OF INSTALLING SUCH SYSTEMS SHALL BE EXEMPT
FROM TAXES IMPOSED BY SECTIONS ELEVEN HUNDRED FIVE  AND  ELEVEN  HUNDRED
ELEVEN  OF  THIS ARTICLE. FOR THE PURPOSES OF THIS SUBDIVISION, "COMMER-
CIAL SOLAR ENERGY SYSTEMS EQUIPMENT" SHALL MEAN AN ARRANGEMENT OR COMBI-
NATION  OF  COMPONENTS  INSTALLED  UPON  NON-RESIDENTIAL  PREMISES  THAT
UTILIZE  SOLAR  RADIATION TO PRODUCE ENERGY DESIGNED TO PROVIDE HEATING,
COOLING, HOT WATER AND/OR ELECTRICITY. SUCH  ARRANGEMENT  OR  COMPONENTS
SHALL NOT INCLUDE EQUIPMENT THAT IS PART OF A NON-SOLAR ENERGY SYSTEM.
  S  2.  Subparagraph  (i)  of paragraph 1 of subdivision (a) of section
1210 of the tax law, as amended by section 4 of part SS-1 of chapter  57
of the laws of 2008, is amended to read as follows:
  (i) Either, all of the taxes described in article twenty-eight of this
chapter,  at  the same uniform rate, as to which taxes all provisions of
the local laws, ordinances or resolutions imposing such taxes  shall  be
identical,  except as to rate and except as otherwise provided, with the
corresponding provisions in such  article  twenty-eight,  including  the
definition  and  exemption  provisions  of  such  article, so far as the
provisions of such article twenty-eight can be made  applicable  to  the
taxes  imposed  by  such  city  or  county and with such limitations and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10375-02-9

S. 5074                             2

special provisions as are set forth in this article. The  taxes  author-
ized  under  this  subdivision  may  not  be imposed by a city or county
unless the local law, ordinance or resolution imposes such taxes  so  as
to  include  all  portions  and all types of receipts, charges or rents,
subject to state tax under  sections  eleven  hundred  five  and  eleven
hundred  ten  of  this  chapter, except as otherwise provided. Any local
law, ordinance or resolution enacted  by  any  city  of  less  than  one
million  or by any county or school district, imposing the taxes author-
ized by this subdivision, shall, notwithstanding any provision of law to
the contrary, exclude from the operation of such local taxes  all  sales
of  tangible  personal  property  for  use  or  consumption directly and
predominantly in the production  of  tangible  personal  property,  gas,
electricity,  refrigeration  or steam, for sale, by manufacturing, proc-
essing, generating, assembly, refining, mining or  extracting;  and  all
sales of tangible personal property for use or consumption predominantly
either  in  the  production  of tangible personal property, for sale, by
farming or in a commercial horse boarding operation, or  in  both;  and,
unless such city, county or school district elects otherwise, shall omit
the  provision  for credit or refund contained in clause six of subdivi-
sion (a) of section eleven hundred nineteen of this chapter.  Any  local
law,  ordinance  or  resolution  enacted  by  any city, county or school
district, imposing the taxes authorized by this subdivision, shall  omit
the residential solar energy systems equipment exemption provided for in
subdivision  (ee),  the  clothing and footwear exemption provided for in
paragraph thirty of subdivision (a), THE COMMERCIAL SOLAR ENERGY SYSTEMS
EQUIPMENT EXEMPTION PROVIDED FOR IN SUBDIVISION (GG) and  the  qualified
empire  zone  enterprise  exemptions  provided for in subdivision (z) of
section eleven hundred fifteen of this chapter, unless such city, county
or school district elects otherwise as to either such residential  solar
energy  systems  equipment  exemption  or  such  clothing  and  footwear
exemption OR SUCH COMMERCIAL SOLAR ENERGY EQUIPMENT SYSTEMS EXEMPTION or
such qualified empire zone enterprise exemptions; provided that if  such
a  city  having  a  population of one million or more in which the taxes
imposed by section eleven hundred seven of this chapter  are  in  effect
enacts  the  resolution  described in subdivision (k) of this section or
repeals such resolution or enacts the resolution described  in  subdivi-
sion (l) of this section or repeals such resolution or enacts the resol-
ution  described  in  subdivision  (n)  of  this section or repeals such
resolution, such resolution or repeal shall also be deemed to amend  any
local  law, ordinance or resolution enacted by such a city imposing such
taxes pursuant to the authority of this subdivision, whether or not such
taxes are suspended at the time such city enacts its resolution pursuant
to subdivision (k), (l) [or], (n) OR (P) of this section or at the  time
of  any  such  repeal; provided, further, that any such local law, ordi-
nance or resolution and section eleven hundred seven of this chapter, as
deemed to be amended in the event a city of one million or more enacts a
resolution pursuant to the authority of subdivision (k), (l)  [or],  (n)
OR (P) of this section, shall be further amended, as provided in section
twelve  hundred  eighteen of this subpart, so that the residential solar
energy  systems  equipment  exemption  or  the  clothing  and   footwear
exemption  OR THE COMMERCIAL SOLAR ENERGY EQUIPMENT SYSTEMS EXEMPTION or
the qualified empire zone enterprise exemptions in any such  local  law,
ordinance  or resolution or in such section eleven hundred seven are the
same, as the case may be, as the residential solar energy systems equip-
ment exemption provided for in subdivision (ee), the clothing and  foot-
wear  exemption  in  paragraph thirty of subdivision (a), THE COMMERCIAL

S. 5074                             3

SOLAR ENERGY SYSTEMS EQUIPMENT EXEMPTION  PROVIDED  FOR  IN  SUBDIVISION
(GG)  or  the qualified empire zone enterprise exemptions in subdivision
(z) of section eleven hundred fifteen of this chapter.
  S  3.  Section 1210 of the tax law is amended by adding a new subdivi-
sion (p) to read as follows:
  (P) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL  LAW,  ORDI-
NANCE OR RESOLUTION TO THE CONTRARY:
  (1)  ANY  CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH THE
TAXES IMPOSED BY SECTION ELEVEN HUNDRED SEVEN OF  THIS  CHAPTER  ARE  IN
EFFECT,  ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED
AND EMPOWERED TO ELECT TO PROVIDE THE SAME EXEMPTIONS FROM SUCH TAXES AS
THE COMMERCIAL SOLAR ENERGY SYSTEMS EQUIPMENT EXEMPTION FROM STATE SALES
AND COMPENSATING USE TAXES DESCRIBED  IN  SUBDIVISION  (GG)  OF  SECTION
ELEVEN  HUNDRED  FIFTEEN OF THIS CHAPTER BY ENACTING A RESOLUTION IN THE
FORM SET FORTH IN PARAGRAPH TWO OF  THIS  SUBDIVISION;  WHEREUPON,  UPON
COMPLIANCE  WITH  THE  PROVISIONS  OF  SUBDIVISIONS  (D) AND (E) OF THIS
SECTION, SUCH ENACTMENT OF SUCH RESOLUTION SHALL  BE  DEEMED  TO  BE  AN
AMENDMENT  TO  SUCH SECTION ELEVEN HUNDRED SEVEN AND SUCH SECTION ELEVEN
HUNDRED SEVEN SHALL BE DEEMED TO INCORPORATE SUCH EXEMPTIONS AS IF  THEY
HAD  BEEN  DULY  ENACTED  BY  THE  STATE LEGISLATURE AND APPROVED BY THE
GOVERNOR.
  (2) FORM OF RESOLUTION: BE IT ENACTED BY THE (INSERT PROPER  TITLE  OF
LOCAL LEGISLATIVE BODY) AS FOLLOWS:
  SECTION  ONE.  RECEIPTS  FROM  SALES  OF  AND  CONSIDERATION  GIVEN OR
CONTRACTED TO BE GIVEN FOR, OR FOR THE USE  OF,  PROPERTY  AND  SERVICES
EXEMPT  FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO SUBDIVI-
SION (GG) OF SECTION 1115 OF THE TAX LAW SHALL ALSO BE EXEMPT FROM SALES
AND COMPENSATING USE TAXES IMPOSED IN THIS JURISDICTION.
  SECTION TWO. THIS RESOLUTION SHALL TAKE EFFECT JANUARY 1, (INSERT  THE
YEAR, BUT NOT EARLIER THAN THE YEAR 2010) AND SHALL APPLY TO SALES MADE,
SERVICES  RENDERED  AND USES OCCURRING ON AND AFTER THAT DATE IN ACCORD-
ANCE WITH THE APPLICABLE TRANSITIONAL PROVISIONS IN SECTIONS 1106,  1216
AND 1217 OF THE NEW YORK TAX LAW.
  S 4. This act shall take effect immediately, provided that section one
of  this  act  shall take effect on the first of January next succeeding
the date on which this act shall have become a law.

co-Sponsors

2009-S5074A (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Tax Law
Laws Affected:: Amd §§1115 & 1210, Tax L
Versions Introduced in 2011-2012 Legislative Session:: S3203

2009-S5074A (ACTIVE) - Summary

2009-S5074A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5074A

 TITLE OF BILL :
An act to amend the tax law, in relation to exempting the sale and
installation of commercial solar energy systems equipment from state
sales and compensating use taxes and granting municipalities the
option to grant such exemption


 PURPOSE OR GENERAL IDEA OF THE BILL :
Exempts the sale and installation of commercial solar energy systems
equipment from sales and compensating use taxes.

 SUMMARY OF PROVISIONS :
Receipts from the retail sale of commercial solar energy systems
equipment and the service of installing such systems, provided by a
retailer that has certified to the department that such systems are
installed by workers who are residents of the state, shall be exempt
from taxes imposed by sections eleven hundred five and eleven hundred
eleven of this article. For the purposes of this subdivision,
commercial solar energy systems equipment shall mean an arrangement or
combination of components installed upon non-residential premises that
utilize solar radiation to produce energy designed to provide heating,
cooling, hot water/or electricity. Such arrangement or components
shall not include equipment that is part of a non-solar energy system.

 JUSTIFICATION :
In his Annual State of the State address, Governor Patterson outlined
his aggressive plan to meet 45% of New York State's electricity needs
through clean renewable energy and improved energy efficiency by 2015.
If we are to achieve this goal then we must provide incentives to
encourage businesses to install solar energy systems just as we have
done with homeowners. Currently, businesses must pay state and local
taxes that can add thousands of dollars onto an installation that is
already very costly. Eliminating all state sales taxes and providing
local municipalities an option to eliminate their portion as well,
will encourage more commercial solar installations. Coupled with the
state's new net-metering legislation for commercial consumers, a
commercial sales tax exemption will provide a more realistic
investment climate. for businesses. Because of their size, the
installation of commercial solar energy systems will significantly
advance New York State's obligation to meet its Renewable Portfolio
Standard of renewable energy sources by 2015. A commercial solar sales
tax exemption will help to stimulate and rebuild our economy, create
green collar jobs and reduce our dependence on foreign oil while
fighting global w arming and protecting our environment.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that section one of
this act shall take effect on the first of January next succeeding the
date on which this act shall have become a law.

2009-S5074A (ACTIVE) - Bill Text download pdf

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

                                 5074--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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 exempting the sale and
  installation of commercial solar energy systems equipment  from  state
  sales  and  compensating  use  taxes  and  granting municipalities the
  option to grant such exemption

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

  Section  1.  Section  1115  of  the tax law is amended by adding a new
subdivision (gg) to read as follows:
  (GG) RECEIPTS FROM THE RETAIL SALE OF COMMERCIAL SOLAR ENERGY  SYSTEMS
EQUIPMENT  AND  OF THE SERVICE OF INSTALLING SUCH SYSTEMS, PROVIDED BY A
RETAILER THAT HAS CERTIFIED TO THE  DEPARTMENT  THAT  SUCH  SYSTEMS  ARE
INSTALLED  BY  WORKERS  WHO ARE RESIDENTS OF THIS STATE, SHALL BE EXEMPT
FROM TAXES IMPOSED BY SECTIONS ELEVEN HUNDRED FIVE  AND  ELEVEN  HUNDRED
ELEVEN  OF  THIS ARTICLE. FOR THE PURPOSES OF THIS SUBDIVISION, "COMMER-
CIAL SOLAR ENERGY SYSTEMS EQUIPMENT" SHALL MEAN AN ARRANGEMENT OR COMBI-
NATION  OF  COMPONENTS  INSTALLED  UPON  NON-RESIDENTIAL  PREMISES  THAT
UTILIZE  SOLAR  RADIATION TO PRODUCE ENERGY DESIGNED TO PROVIDE HEATING,
COOLING, HOT WATER AND/OR ELECTRICITY. SUCH  ARRANGEMENT  OR  COMPONENTS
SHALL NOT INCLUDE EQUIPMENT THAT IS PART OF A NON-SOLAR ENERGY SYSTEM.
  S  2.  Subparagraph  (i)  of paragraph 1 of subdivision (a) of section
1210 of the tax law, as amended by section 34 of part S-1 of chapter  57
of the laws of 2009, is amended to read as follows:
  (i) Either, all of the taxes described in article twenty-eight of this
chapter,  at  the same uniform rate, as to which taxes all provisions of
the local laws, ordinances or resolutions imposing such taxes  shall  be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10375-05-0

S. 5074--A                          2

identical,  except as to rate and except as otherwise provided, with the
corresponding provisions in such  article  twenty-eight,  including  the
definition  and  exemption  provisions  of  such  article, so far as the
provisions  of  such  article twenty-eight can be made applicable to the
taxes imposed by such city or  county  and  with  such  limitations  and
special  provisions  as are set forth in this article. The taxes author-
ized under this subdivision may not be  imposed  by  a  city  or  county
unless  the  local law, ordinance or resolution imposes such taxes so as
to include all portions and all types of  receipts,  charges  or  rents,
subject  to  state  tax  under  sections  eleven hundred five and eleven
hundred ten of this chapter, except as otherwise provided. (i) Any local
law, ordinance or resolution enacted  by  any  city  of  less  than  one
million  or by any county or school district, imposing the taxes author-
ized by this subdivision, shall, notwithstanding any provision of law to
the contrary, exclude from the operation of such local taxes  all  sales
of  tangible  personal  property  for  use  or  consumption directly and
predominantly in the production  of  tangible  personal  property,  gas,
electricity,  refrigeration  or steam, for sale, by manufacturing, proc-
essing, generating, assembly, refining, mining or  extracting;  and  all
sales of tangible personal property for use or consumption predominantly
either  in  the  production  of tangible personal property, for sale, by
farming or in a commercial horse boarding operation, or  in  both;  and,
unless such city, county or school district elects otherwise, shall omit
the  provision  for credit or refund contained in clause six of subdivi-
sion (a) or subdivision (d) of section eleven hundred nineteen  of  this
chapter.  (ii)  Any  local  law,  ordinance or resolution enacted by any
city, county or school district, imposing the taxes authorized  by  this
subdivision,  shall  omit the residential solar energy systems equipment
exemption provided for in subdivision (ee), THE COMMERCIAL SOLAR  ENERGY
SYSTEMS  EQUIPMENT  EXEMPTION  PROVIDED  FOR IN SUBDIVISION (GG) and the
clothing and footwear exemption provided  for  in  paragraph  thirty  of
subdivision  (a)  of  section  eleven  hundred  fifteen of this chapter,
unless such city, county or  school  district  elects  otherwise  as  to
either such residential solar energy systems equipment exemption or such
clothing  and  footwear exemption OR SUCH COMMERCIAL SOLAR ENERGY EQUIP-
MENT SYSTEMS EXEMPTION.
  S 3. Section 1210 of the tax law is amended by adding a  new  subdivi-
sion (p) to read as follows:
  (P)  NOTWITHSTANDING  ANY OTHER PROVISION OF STATE OR LOCAL LAW, ORDI-
NANCE OR RESOLUTION TO THE CONTRARY:
  (1) ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE IN  WHICH  THE
TAXES  IMPOSED  BY  SECTION  ELEVEN HUNDRED SEVEN OF THIS CHAPTER ARE IN
EFFECT, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY  AUTHORIZED
AND EMPOWERED TO ELECT TO PROVIDE THE SAME EXEMPTIONS FROM SUCH TAXES AS
THE COMMERCIAL SOLAR ENERGY SYSTEMS EQUIPMENT EXEMPTION FROM STATE SALES
AND  COMPENSATING  USE  TAXES  DESCRIBED  IN SUBDIVISION (GG) OF SECTION
ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER BY ENACTING A RESOLUTION  IN  THE
FORM  SET  FORTH  IN  PARAGRAPH TWO OF THIS SUBDIVISION; WHEREUPON, UPON
COMPLIANCE WITH THE PROVISIONS OF  SUBDIVISIONS  (D)  AND  (E)  OF  THIS
SECTION,  SUCH  ENACTMENT  OF  SUCH  RESOLUTION SHALL BE DEEMED TO BE AN
AMENDMENT TO SUCH SECTION ELEVEN HUNDRED SEVEN AND SUCH  SECTION  ELEVEN
HUNDRED  SEVEN SHALL BE DEEMED TO INCORPORATE SUCH EXEMPTIONS AS IF THEY
HAD BEEN DULY ENACTED BY THE  STATE  LEGISLATURE  AND  APPROVED  BY  THE
GOVERNOR.
  (2)  FORM  OF RESOLUTION: BE IT ENACTED BY THE (INSERT PROPER TITLE OF
LOCAL LEGISLATIVE BODY) AS FOLLOWS:

S. 5074--A                          3

  SECTION ONE.  RECEIPTS  FROM  SALES  OF  AND  CONSIDERATION  GIVEN  OR
CONTRACTED  TO  BE  GIVEN  FOR, OR FOR THE USE OF, PROPERTY AND SERVICES
EXEMPT FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO  SUBDIVI-
SION (GG) OF SECTION 1115 OF THE TAX LAW SHALL ALSO BE EXEMPT FROM SALES
AND COMPENSATING USE TAXES IMPOSED IN THIS JURISDICTION.
  SECTION  TWO. THIS RESOLUTION SHALL TAKE EFFECT JANUARY 1, (INSERT THE
YEAR, BUT NOT EARLIER THAN THE YEAR 2011) AND SHALL APPLY TO SALES MADE,
SERVICES RENDERED AND USES OCCURRING ON AND AFTER THAT DATE  IN  ACCORD-
ANCE  WITH THE APPLICABLE TRANSITIONAL PROVISIONS IN SECTIONS 1106, 1216
AND 1217 OF THE NEW YORK TAX LAW.
  S 4. This act shall take effect immediately, provided that section one
of this act shall take effect on the first of  January  next  succeeding
the date on which this act shall have become a law.

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Senate Bill S5074

Sponsored By

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

Actions

Bill Amendments

2009-S5074 - Details

2009-S5074 - Summary

2009-S5074 - Sponsor Memo

2009-S5074 - Bill Text download pdf

co-Sponsors

2009-S5074A (ACTIVE) - Details

2009-S5074A (ACTIVE) - Summary

2009-S5074A (ACTIVE) - Sponsor Memo

2009-S5074A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

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Senate Bill S5074

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Sponsored By

Antoine M. Thompson

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

Actions

Bill Amendments

2009-S5074 - Details

2009-S5074 - Summary

2009-S5074 - Sponsor Memo

2009-S5074 - Bill Text download pdf

co-Sponsors

Owen H. Johnson

2009-S5074A (ACTIVE) - Details

2009-S5074A (ACTIVE) - Summary

2009-S5074A (ACTIVE) - Sponsor Memo

2009-S5074A (ACTIVE) - Bill Text download pdf

Comments