S T A T E O F N E W Y O R K
________________________________________________________________________
4604
2009-2010 Regular Sessions
I N S E N A T E
April 24, 2009
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Introduced by Sens. ONORATO, HASSELL-THOMPSON, C. JOHNSON, SAMPSON,
SAVINO, THOMPSON -- read twice and ordered printed, and when printed
to be committed to the Committee on Investigations and Government
Operations
AN ACT to amend the tax law, in relation to establishing a personal
income tax credit for persons residing near electric generating facil-
ities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 606 of the tax law is amended by adding a new
subsection (u) to read as follows:
(U) ELECTRIC GENERATING FACILITY PROXIMITY CREDIT. (1) FOR THE
PURPOSES OF THIS SUBSECTION:
(A) "QUALIFIED TAXPAYER" MEANS A RESIDENT INDIVIDUAL OF THE STATE WHO
HAS OCCUPIED THE SAME PRIMARY RESIDENCE FOR SIX MONTHS OR MORE OF THE
TAXABLE YEAR, AND IS REQUIRED OR CHOOSES TO FILE A RETURN PURSUANT TO
THIS ARTICLE.
(B) "HOUSEHOLD" MEANS A QUALIFIED TAXPAYER AND ALL OTHER PERSONS, NOT
NECESSARILY RELATED, WHO HAVE THE SAME PRIMARY RESIDENCE AND SHARE ITS
FURNISHINGS, FACILITIES AND ACCOMMODATIONS. SUCH TERM SHALL NOT INCLUDE
A TENANT, SUBTENANT, ROOMER OR BOARDER WHO IS NOT RELATED TO THE QUALI-
FIED TAXPAYER IN ANY DEGREE SPECIFIED IN PARAGRAPHS ONE THROUGH EIGHT OF
SUBSECTION (A) OF SECTION ONE HUNDRED FIFTY-TWO OF THE INTERNAL REVENUE
CODE. PROVIDED THAT NO PERSON MAY BE A MEMBER OF MORE THAN ONE HOUSEHOLD
AT ONE TIME.
(C) "RESIDENCE" MEANS A DWELLING IN THIS STATE, WHETHER OWNED OR RENT-
ED, AND MAY CONSIST OF A PART OF A MULTI-DWELLING OR MULTI-PURPOSE
BUILDING INCLUDING A COOPERATIVE OR CONDOMINIUM, AND RENTAL UNITS WITHIN
A SINGLE BUILDING. RESIDENCE SHALL INCLUDE A TRAILER, MOBILE HOME OR
MANUFACTURED HOME, USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES AND DEFINED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03646-01-9
S. 4604 2
AS REAL PROPERTY PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWELVE OF
SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
(2) A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT OF TWO HUNDRED
DOLLARS OR THE AMOUNT OF TAX PAYABLE BY SUCH TAXPAYER, WHICHEVER SHALL
BE LESS, IF THE QUALIFIED TAXPAYER'S PRIMARY RESIDENCE IS LOCATED NOT
MORE THAN ONE MILE FROM AN ELECTRIC GENERATING FACILITY.
(3) ONLY ONE CREDIT MAY BE TAKEN EACH TAXABLE YEAR PURSUANT TO THIS
SUBSECTION PER HOUSEHOLD.
S 2. This act shall take effect immediately and shall apply to taxable
years commencing on or after such effective date.