S T A T E   O F   N E W   Y O R K
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                                  8624

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Ways and Means

AN  ACT  to  amend the tax law, in relation to establishing a tax credit
  for condominium and cooperative apartment owners  that  install  elec-
  trical outlets for charging electric cars in certain parking garages

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

  Section 1. Section 210 of the tax law  is  amended  by  adding  a  new
subdivision 44 to read as follows:
  44.  CREDIT  FOR  ELECTRICAL  OUTLETS  FOR  CHARGING  ELECTRIC CARS IN
CERTAIN PARKING GARAGES. (A) A TAXPAYER SHALL BE ALLOWED  A  CREDIT  FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN
AND  ENDING BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN AGAINST
THE TAX IMPOSED BY THIS ARTICLE FOR THE  PURCHASE  AND  INSTALLATION  OF
ELECTRICAL  OUTLETS  FOR  CHARGING  ELECTRIC  CARS IN THE PARKING GARAGE
OWNED BY A CONDOMINIUM MANAGEMENT ASSOCIATION OR A  COOPERATIVE  HOUSING
CORPORATION, IF SUCH CONDOMINIUM OR COOPERATIVE HOUSING IS LOCATED WITH-
IN  THIS  STATE. ANY TAXPAYER WHO IS A MEMBER OF THE CONDOMINIUM MANAGE-
MENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE COOPERATIVE HOUS-
ING CORPORATION  MAY  FOR  THE  PURPOSE  OF  THIS  SUBDIVISION  CLAIM  A
PROPORTIONATE  SHARE  OF  THE  TOTAL  EXPENSE AS THE EXPENDITURE FOR THE
PURPOSES OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE, IF  SUCH
RESIDENCE  IS  LOCATED  WITHIN THE STATE. THE TOTAL AMOUNT OF THE CREDIT
SHALL BE FIFTY-FIVE PERCENT OF THE EXPENDITURE  INCURRED  IN  PURCHASING
AND INSTALLING ANY SUCH SYSTEM OR COMBINATION THEREOF, BUT NOT TO EXCEED
THE MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
  (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (I) "ELECTRIC CARS" SHALL MEAN MOTOR VEHICLES, AS DEFINED  BY  SECTION
ONE  HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC LAW, WHICH ARE
PROPELLED BY ELECTRIC MOTORS USING ELECTRIC ENERGY STORED  IN  BATTERIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13381-02-1
              

A. 8624                             2

OR  OTHER  ENERGY STORAGE DEVICES. FOR THE PURPOSES OF THIS SUBDIVISION,
"ELECTRIC CARS" SHALL NOT INCLUDE ELECTRIC PERSONAL  ASSISTIVE  MOBILITY
DEVICES  AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE AND
TRAFFIC LAW.
  (II) "ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS" SHALL INCLUDE ANY
ELECTRICAL  OUTLETS  INTENDED  TO  BE  USED  FOR CHARGING ELECTRIC CARS,
INCLUDING, BUT NOT LIMITED TO 120-VOLT  OUTLETS,  240-VOLT  OUTLETS  AND
CHARGING STATIONS SPECIFICALLY MANUFACTURED FOR CHARGING ELECTRIC CARS.
  (C)  TO  THE  EXTENT  THAT  A FEDERAL INCOME TAX CREDIT SHALL APPLY TO
EXPENDITURES ELIGIBLE FOR A CREDIT UNDER THIS  SUBDIVISION,  THE  CREDIT
PROVIDED IN THIS SUBDIVISION SHALL BE REDUCED SO THAT THE COMBINED CRED-
IT  SHALL  NOT  EXCEED  FIFTY-FIVE PERCENT OF SUCH EXPENDITURES OR SEVEN
THOUSAND DOLLARS, WHICHEVER IS LESS.
  (D) IF THE AMOUNT OF CREDIT ALLOWABLE  UNDER  THIS  SUBDIVISION  SHALL
EXCEED THE TAXPAYER'S TAX FOR SUCH  YEAR, THE EXCESS MAY BE CARRIED OVER
TO  THE  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  (E) IF ALL OR ANY PART OF THE CREDIT PROVIDED FOR UNDER THIS  SUBDIVI-
SION  WAS ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR  YEARS, A
TAXPAYER SHALL REDUCE THE ALLOWABLE  CREDIT  FOR  ADDITIONAL  QUALIFYING
EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT PREVI-
OUSLY ALLOWED OR CARRIED OVER; PROVIDED HOWEVER THAT A CREDIT PREVIOUSLY
ALLOWED  OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR YEARS SHALL NOT BE
TAKEN INTO ACCOUNT IN DETERMINING THE ALLOWABLE CREDIT FOR THE  PURCHASE
AND  INSTALLATION  OF ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS IN A
SUBSEQUENT PRINCIPAL RESIDENCE.
  (F) FOR THE PURPOSE OF DETERMINING THE AMOUNT OF THE  ACTUAL  EXPENDI-
TURE INCURRED IN PURCHASING AND INSTALLING ELECTRICAL OUTLETS FOR CHARG-
ING  ELECTRIC  CARS,  THE  AMOUNT  OF  ANY FEDERAL, STATE OR LOCAL GRANT
RECEIVED BY THE TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTAL-
LATION OF SUCH SYSTEM AND WHICH WAS NOT INCLUDED IN THE GROSS INCOME  OF
THE TAXPAYER, SHALL NOT BE TAKEN INTO ACCOUNT.
  S  2. Section 606 of the tax law is amended by adding a new subsection
(g-3) to read as follows:
  (G-3) CREDIT FOR ELECTRICAL OUTLETS  FOR  CHARGING  ELECTRIC  CARS  IN
CERTAIN  PARKING  GARAGES.  (1) A TAXPAYER SHALL BE ALLOWED A CREDIT FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN
AND ENDING BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN  AGAINST
THE  TAX  IMPOSED  BY  THIS ARTICLE FOR THE PURCHASE AND INSTALLATION OF
ELECTRICAL OUTLETS FOR CHARGING ELECTRIC  CARS  IN  THE  PARKING  GARAGE
OWNED  BY  A CONDOMINIUM MANAGEMENT ASSOCIATION OR A COOPERATIVE HOUSING
CORPORATION, IF SUCH CONDOMINIUM OR COOPERATIVE HOUSING IS LOCATED WITH-
IN THIS STATE. ANY TAXPAYER WHO IS A MEMBER OF THE  CONDOMINIUM  MANAGE-
MENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE COOPERATIVE HOUS-
ING  CORPORATION  MAY  FOR  THE  PURPOSE  OF  THIS  SUBSECTION  CLAIM  A
PROPORTIONATE SHARE OF THE TOTAL EXPENSE  AS  THE  EXPENDITURE  FOR  THE
PURPOSES  OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE, IF SUCH
RESIDENCE IS LOCATED WITHIN THE STATE. THE TOTAL AMOUNT  OF  THE  CREDIT
SHALL  BE  FIFTY-FIVE  PERCENT OF THE EXPENDITURE INCURRED IN PURCHASING
AND INSTALLING ANY SUCH SYSTEM OR COMBINATION THEREOF, BUT NOT TO EXCEED
THE MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
  (2) FOR THE PURPOSES OF THIS SUBSECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (I)  "ELECTRIC  CARS" SHALL MEAN MOTOR VEHICLES, AS DEFINED BY SECTION
ONE HUNDRED TWENTY-FIVE OF  THE  VEHICLE  AND  TRAFFIC  LAW,  WHICH  ARE
PROPELLED  BY  ELECTRIC MOTORS USING ELECTRIC ENERGY STORED IN BATTERIES

A. 8624                             3

OR OTHER ENERGY STORAGE DEVICES. FOR THE PURPOSES OF  THIS  SUBDIVISION,
"ELECTRIC  CARS"  SHALL NOT INCLUDE ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE  AND
TRAFFIC LAW,
  (II) "ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS" SHALL INCLUDE ANY
ELECTRICAL  OUTLETS  INTENDED  TO  BE  USED  FOR CHARGING ELECTRIC CARS,
INCLUDING, BUT NOT LIMITED TO 120-VOLT  OUTLETS,  240-VOLT  OUTLETS  AND
CHARGING STATIONS SPECIFICALLY MANUFACTURED FOR CHARGING ELECTRIC CARS.
  (3)  TO  THE  EXTENT  THAT  A FEDERAL INCOME TAX CREDIT SHALL APPLY TO
EXPENDITURES ELIGIBLE FOR A CREDIT UNDER  THIS  SUBSECTION,  THE  CREDIT
PROVIDED IN THIS SUBSECTION SHALL BE REDUCED SO THAT THE COMBINED CREDIT
SHALL  NOT EXCEED FIFTY-FIVE PERCENT OF SUCH EXPENDITURES OR SEVEN THOU-
SAND DOLLARS, WHICHEVER IS LESS.
  (4) IF THE AMOUNT OF CREDIT  ALLOWABLE  UNDER  THIS  SUBSECTION  SHALL
EXCEED  THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM  THE  TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  (5)  IF  ALL  OR  ANY  PART  OF  THE  CREDIT  PROVIDED  FOR UNDER THIS
SUBSECTION WAS ALLOWED OR CARRIED OVER FROM  A  PRIOR  TAXABLE  YEAR  OR
YEARS, A TAXPAYER SHALL REDUCE THE ALLOWABLE CREDIT FOR ADDITIONAL QUAL-
IFYING EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT
PREVIOUSLY  ALLOWED  OR  CARRIED  OVER;  PROVIDED  HOWEVER THAT A CREDIT
PREVIOUSLY ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE  YEAR  OR  YEARS
SHALL  NOT BE TAKEN INTO ACCOUNT IN DETERMINING THE ALLOWABLE CREDIT FOR
THE PURCHASE AND INSTALLATION OF ELECTRICAL OUTLETS FOR  CHARGING  ELEC-
TRIC CARS IN A SUBSEQUENT PRINCIPAL RESIDENCE.
  (6)  FOR  THE PURPOSE OF DETERMINING THE AMOUNT OF THE ACTUAL EXPENDI-
TURE INCURRED IN PURCHASING AND INSTALLING ELECTRICAL OUTLETS FOR CHARG-
ING ELECTRIC CARS, THE AMOUNT OF  ANY  FEDERAL,  STATE  OR  LOCAL  GRANT
RECEIVED BY THE TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTAL-
LATION  OF SUCH SYSTEM AND WHICH WAS NOT INCLUDED IN THE GROSS INCOME OF
THE TAXPAYER, SHALL NOT BE TAKEN INTO ACCOUNT.
  S 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is  amended by adding a new clause (xxxiv) to read as
follows:

(XXXIV) CREDIT FOR                      AMOUNT OF CREDIT
ELECTRICAL OUTLETS FOR CHARGING         UNDER SUBDIVISION
ELECTRIC CARS IN CERTAIN                FORTY-FOUR OF SECTION
PARKING GARAGES UNDER SUBSECTION        TWO HUNDRED TEN
(G-3)

  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.