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Assembly Bill A1904

2009-2010 Legislative Session

Authorizes counties to lower or eliminate the tax on energy sources imposed on businesses in such county

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Archive: Last Bill Status - In Assembly Committee

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2009-A1904 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd ยง1210, Tax L
Versions Introduced in 2011-2012 Legislative Session:
A7182

2009-A1904 (ACTIVE) - Summary

Authorizes counties to lower or eliminate the tax on energy sources imposed on businesses in such county; does not apply to diesel fuels used for the operation of any vehicle.

2009-A1904 (ACTIVE) - Bill Text download pdf 

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

                                  1904

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Ways and Means

AN  ACT to amend the tax law, in relation to authorizing the counties to
  lower or eliminate the tax on energy sources imposed on businesses  in
  such county

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

  Section 1. Subdivision (a) of section 1210 of the tax law  is  amended
by adding a new paragraph 3-a to read as follows:
  (3-A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
COUNTY, MAY, BY LOCAL LAW, PROVIDE THAT THE TAXES IMPOSED,  PURSUANT  TO
THIS  SUBDIVISION,  BY SUCH COUNTY ON THE RETAIL SALE OR USE OF FUEL OIL
AND COAL USED FOR BUSINESS PURPOSES, THE RETAIL SALE OR USE OF WOOD USED
FOR BUSINESS HEATING PURPOSES AND THE SALE, OTHER THAN  FOR  RESALE,  OF
PROPANE  (EXCEPT  WHEN  SOLD  IN  CONTAINERS  OF  LESS  THAN ONE HUNDRED
POUNDS), NATURAL GAS, ELECTRICITY, STEAM AND  GAS,  ELECTRIC  AND  STEAM
SERVICES  USED FOR BUSINESS PURPOSES MAY BE IMPOSED AT A LOWER RATE THAN
THE UNIFORM LOCAL RATE IMPOSED PURSUANT TO THE OPENING PARAGRAPH OF THIS
SECTION, AS LONG AS SUCH RATE IS ONE OF THE  RATES  AUTHORIZED  BY  SUCH
PARAGRAPH OR SUCH SALE OR USE MAY BE EXEMPTED FROM SUCH TAXES. PROVIDED,
HOWEVER,  SUCH  LOWER  RATE  SHALL  APPLY TO ALL SUCH ENERGY SOURCES AND
SERVICES AND AT THE SAME RATE AND  NO  SUCH  EXEMPTION  MAY  BE  ENACTED
UNLESS  SUCH  EXEMPTION APPLIES TO ALL SUCH ENERGY SOURCES AND SERVICES.
THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO A SALE OR USE OF (I)
DIESEL MOTOR FUEL WHICH INVOLVES A DELIVERY AT A FILLING STATION OR INTO
A REPOSITORY WHICH IS EQUIPPED WITH A HOSE OR OTHER APPARATUS  BY  WHICH
SUCH  FUEL  CAN  BE  DISPENSED INTO THE FUEL TANK OF A MOTOR VEHICLE AND
(II) ENHANCED DIESEL MOTOR FUEL EXCEPT IN THE CASE OF A SALE OR  USE  OF
SUCH  ENHANCED  DIESEL MOTOR FUEL USED EXCLUSIVELY FOR BUSINESS PURPOSES
WHICH IS DELIVERED INTO A STORAGE TANK WHICH IS NOT EQUIPPED WITH A HOSE
OR OTHER APPARATUS BY WHICH SUCH FUEL CAN BE  DISPENSED  INTO  THE  FUEL
TANK OF A MOTOR VEHICLE AND SUCH STORAGE TANK IS ATTACHED TO THE HEATING
UNIT BURNING SUCH FUEL.
  S 2. This act shall take effect immediately.

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