senate Bill S149B

Signed By Governor
2011-2012 Legislative Session

Relates to tax credits provided for solar energy system equipment

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Sponsored By

Archive: Last Bill Status Via A34 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.375
Aug 06, 2012 delivered to governor
Jun 20, 2012 returned to assembly
passed senate
3rd reading cal.1428
substituted for s149b
Jun 20, 2012 substituted by a34b
ordered to third reading cal.1428
committee discharged and committed to rules
Jan 04, 2012 referred to investigations and government operations
Jun 07, 2011 reported and committed to finance
May 06, 2011 print number 149b
amend and recommit to investigations and government operations
Apr 28, 2011 print number 149a
amend and recommit to investigations and government operations
Jan 05, 2011 referred to investigations and government operations

Votes

view votes

Jun 20, 2012 - Rules committee Vote

S149B
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 7, 2011 - Investigations and Government Operations committee Vote

S149B
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jun 7, 2011

aye wr (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S149 - Bill Details

See Assembly Version of this Bill:
A34B
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S8025, A11492

S149 - Bill Texts

view summary

Relates to tax credits provided for solar energy system equipment; provides credit for the lease of solar energy equipment and the purchase of power generated by solar equipment.

view sponsor memo
BILL NUMBER:S149

TITLE OF BILL:
An act
to amend the tax law, in relation to tax credits provided for solar
energy system equipment

PURPOSE:
The purpose of this legislation is encourage homeowners to install and
utilize solar energy equipment by allowing individuals who lease such
equipment or purchase power under a written agreement with a third
party to benefit from a solar equipment tax credit.

SUMMARY OF PROVISIONS:
Section 1. Allows a taxpayer to qualify for a solar equipment tax
credit in cases where the lease of solar equipment under a written
agreement spans at least ten years or a power purchase agreement of
at least ten years from a third party is in force. Additionally this
section includes and clarifies expenditures for the lease of solar
energy system equipment.

JUSTIFICATION:
As we continue to move toward a greener economy it is very important
that residents be encouraged to utilize renewable forms of energy.
This should be true whether the taxpayer can afford to purchase and
install renewable generation such as solar equipment or if it is more
feasible for the individual to lease the equipment or contract with a
provider to purchase power. using the tax code to incentivize the
installation of solar equipment is the right way to encourage the
development of the renewable energy industry.

In addition to the obvious benefits to the taxpayer, the use of more
photovoltaic generation equipment will also benefit our environment
by reducing the negative effects of greenhouse gas emissions as well
and increasing our ability to become more energy independent.

LEGISLATIVE HISTORY:
S.8025 of 2009-2010; Referred to Investigations and Government
Operations

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   149

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to  tax  credits  provided  for
  solar energy system equipment

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

  Section 1. Paragraph 2 of subsection (g-1) of section 606 of  the  tax
law,  as amended by chapter 378 of the laws of 2005 and subparagraph (B)
as amended by chapter 251 of the laws of 2006, is  amended  to  read  as
follows:
  (2) Qualified solar energy system equipment expenditures. (A) The term
"qualified  solar  energy  system equipment expenditures" means expendi-
tures for:
  (I) the purchase of solar energy system equipment which  is  installed
in  connection  with  residential property which is [(i)] (I) located in
this state and [(ii)] (II) which is used by the taxpayer as his  or  her
principal  residence  at  the  time the solar energy system equipment is
placed in service;
  (II) THE LEASE OF SOLAR ENERGY SYSTEM EQUIPMENT UNDER A WRITTEN AGREE-
MENT THAT SPANS AT LEAST TEN YEARS  WHERE  SUCH  EQUIPMENT  OWNED  BY  A
PERSON  OTHER THAN THE TAXPAYER IS INSTALLED IN CONNECTION WITH RESIDEN-
TIAL PROPERTY WHICH IS (I) LOCATED IN THIS STATE AND (II) WHICH IS  USED
BY  THE TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE AT THE TIME THE SOLAR
ENERGY SYSTEM EQUIPMENT IS PLACED IN SERVICE; OR
  (III) THE PURCHASE OF POWER UNDER A WRITTEN AGREEMENT  THAT  SPANS  AT
LEAST  TEN  YEARS  WHEREUNDER  THE POWER PURCHASED IS GENERATED BY SOLAR
ENERGY SYSTEM EQUIPMENT OWNED BY A PERSON OTHER THAN THE TAXPAYER  WHICH
IS  INSTALLED  IN  CONNECTION  WITH  RESIDENTIAL  PROPERTY  WHICH IS (I)
LOCATED IN THIS STATE AND (II) WHICH IS USED BY THE TAXPAYER AS  HIS  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00702-01-1

S. 149                              2

HER PRINCIPAL RESIDENCE AT THE TIME THE SOLAR ENERGY SYSTEM EQUIPMENT IS
PLACED IN SERVICE.
  (B) Such qualified expenditures shall include expenditures for materi-
als, labor costs properly allocable to on-site preparation, assembly and
original  installation,  architectural  and  engineering  services,  and
designs and plans directly related to the construction  or  installation
of the solar energy system equipment.
  (C)  Such  qualified  expenditures  FOR  THE  PURCHASE OF SOLAR ENERGY
SYSTEM EQUIPMENT shall not include interest or other finance charges.
  (D) SUCH QUALIFIED EXPENDITURES FOR THE LEASE OF SOLAR  ENERGY  SYSTEM
EQUIPMENT  OR  THE  PURCHASE  OF  POWER  UNDER AN AGREEMENT DESCRIBED IN
CLAUSES (II) OR (III)  OF  SUBPARAGRAPH  (A)  OF  THIS  PARAGRAPH  SHALL
INCLUDE  AN AMOUNT EQUAL TO ALL PAYMENTS TO BE MADE UNDER SUCH AGREEMENT
FOR THE INITIAL TERM OF  SUCH  AGREEMENT,  INCLUDING  ANY  AMOUNTS  PAID
UPFRONT.
  (E)  THE  TERM  "PERSON", AS USED IN THIS SECTION, SHALL HAVE THE SAME
MEANING AS PROVIDED IN INTERNAL REVENUE CODE S 7701 (C)(1).
  S 2. This act shall take effect immediately.

Co-Sponsors

S149A - Bill Details

See Assembly Version of this Bill:
A34B
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S8025, A11492

S149A - Bill Texts

view summary

Relates to tax credits provided for solar energy system equipment; provides credit for the lease of solar energy equipment and the purchase of power generated by solar equipment.

view sponsor memo
BILL NUMBER:S149A

TITLE OF BILL:
An act
to amend the tax law, in relation to tax credits provided for solar
energy system equipment

PURPOSE:
The purpose of this legislation is encourage homeowners to install and
utilize solar energy equipment by allowing individuals who lease
such equipment or purchase power under a written agreement with a
third party to benefit from a solar equipment tax credit.

SUMMARY OF PROVISIONS:
Section 1. Allows a taxpayer to qualify for a solar equipment tax
credit in cases where the lease of solar equipment under a written
agreement spans at least ten years or a power purchase agreement of
at least ten years from a third party is in force. Additionally this
section includes and clarifies expenditures for the lease of solar
energy system equipment.

JUSTIFICATION:
As we continue to move toward a greener economy it is very important
that residents be encouraged to utilize renewable forms of energy.
This should be true whether the taxpayer can afford to purchase and
install renewable generation such as solar equipment or if it is more
feasible for the individual to lease the equipment or contract with a
provider to purchase power. using the tax code to incentivize the
installation of solar equipment is the right way to encourage the
development of the renewable energy industry.

In addition to the obvious benefits to the taxpayer, the use of more
photovoltaic generation equipment will also benefit our environment
by reducing the negative effects of greenhouse gas emissions as well
and increasing our ability to become more energy independent.

LEGISLATIVE HISTORY:
S.8025 of 2009-2010; Referred to Investigations and Government
Operations

FISCAL IMPLICATIONS:
Given the nature of how the credit will be taken
and the fact that the leases and power purchase agreements that are
effected all last more than ten years, it is estimated that this
provision will have a fiscal impact of less than $1,000,000 annually.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 149--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the tax law, in relation to tax credits provided for
  solar energy system equipment

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

  Section  1.  Paragraph 2 of subsection (g-1) of section 606 of the tax
law, as amended by chapter 378 of the laws of 2005 and subparagraph  (B)
as  amended  by  chapter  251 of the laws of 2006, is amended to read as
follows:
  (2) Qualified solar energy system equipment expenditures. (A) The term
"qualified solar energy system equipment  expenditures"  means  expendi-
tures for:
  (I)  the  purchase of solar energy system equipment which is installed
in connection with residential property which is [(i)]  (I)  located  in
this  state  and [(ii)] (II) which is used by the taxpayer as his or her
principal residence at the time the solar  energy  system  equipment  is
placed in service;
  (II) THE LEASE OF SOLAR ENERGY SYSTEM EQUIPMENT UNDER A WRITTEN AGREE-
MENT  THAT  SPANS  AT  LEAST  TEN  YEARS WHERE SUCH EQUIPMENT OWNED BY A
PERSON OTHER THAN THE TAXPAYER IS INSTALLED IN CONNECTION WITH  RESIDEN-
TIAL  PROPERTY WHICH IS (I) LOCATED IN THIS STATE AND (II) WHICH IS USED
BY THE TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE AT THE TIME THE  SOLAR
ENERGY SYSTEM EQUIPMENT IS PLACED IN SERVICE; OR
  (III)  THE  PURCHASE  OF POWER UNDER A WRITTEN AGREEMENT THAT SPANS AT
LEAST TEN YEARS WHEREUNDER THE POWER PURCHASED  IS  GENERATED  BY  SOLAR
ENERGY  SYSTEM EQUIPMENT OWNED BY A PERSON OTHER THAN THE TAXPAYER WHICH
IS INSTALLED IN  CONNECTION  WITH  RESIDENTIAL  PROPERTY  WHICH  IS  (I)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00702-02-1

S. 149--A                           2

LOCATED  IN  THIS STATE AND (II) WHICH IS USED BY THE TAXPAYER AS HIS OR
HER PRINCIPAL RESIDENCE AT THE TIME THE SOLAR ENERGY SYSTEM EQUIPMENT IS
PLACED IN SERVICE.
  (B) Such qualified expenditures shall include expenditures for materi-
als, labor costs properly allocable to on-site preparation, assembly and
original  installation,  architectural  and  engineering  services,  and
designs and plans directly related to the construction  or  installation
of the solar energy system equipment.
  (C)  Such  qualified  expenditures  FOR  THE  PURCHASE OF SOLAR ENERGY
SYSTEM EQUIPMENT shall not include interest or other finance charges.
  (D) SUCH QUALIFIED EXPENDITURES FOR THE LEASE OF SOLAR  ENERGY  SYSTEM
EQUIPMENT  OR  THE  PURCHASE  OF  POWER  UNDER AN AGREEMENT DESCRIBED IN
CLAUSES (II) OR (III)  OF  SUBPARAGRAPH  (A)  OF  THIS  PARAGRAPH  SHALL
INCLUDE  AN  AMOUNT  EQUAL  TO ALL PAYMENTS MADE DURING THE TAXABLE YEAR
UNDER SUCH AGREEMENT. PROVIDED, HOWEVER,  SUCH  CREDITS  SHALL  ONLY  BE
ALLOWED  FOR  FOURTEEN  YEARS AFTER THE FIRST TAXABLE YEAR IN WHICH SUCH
CREDIT IS ALLOWED.
  S 2. This act shall take effect immediately.

Co-Sponsors

S149B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A34B
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S8025, A11492

S149B (ACTIVE) - Bill Texts

view summary

Relates to tax credits provided for solar energy system equipment; provides credit for the lease of solar energy equipment and the purchase of power generated by solar equipment.

view sponsor memo
BILL NUMBER:S149B

TITLE OF BILL:
An act
to amend the tax law, in relation to tax credits provided for solar
energy system equipment

PURPOSE:
The purpose of this legislation is encourage homeowners to install and
utilize solar energy equipment by allowing individuals who lease such
equipment or purchase power under a written agreement with a third
party to benefit from a solar equipment tax credit.

SUMMARY OF PROVISIONS:
Section 1. Allows a taxpayer to qualify for a solar equipment tax
credit in cases where the lease of solar equipment under a written
agreement spans at least ten years or a power purchase agreement of
at least ten years from a third party is in force. Additionally this
section includes and clarifies expenditures for the lease of solar
energy system equipment.

JUSTIFICATION:
As we continue to move toward a greener economy it is very important
that residents be encouraged to utilize renewable forms of energy.
This should be true whether the taxpayer can afford to purchase and
install renewable generation such as solar equipment or if it is more
feasible for the individual to lease the equipment or contract with a
provider to purchase power. using the tax code to incentivize the
installation of solar equipment is the right way to encourage the
development of the renewable energy industry.

In addition to the obvious benefits to the taxpayer, the use of more
photovoltaic generation equipment will also benefit our environment
by reducing the negative effects of greenhouse gas emissions as well
and increasing our ability to become more energy independent.

LEGISLATIVE HISTORY:
S.8025 of 2009-2010; Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:
Given the nature of how the credit will be taken and the fact that the
leases and power purchase agreements that are effected all last more
than ten years, it is estimated that this provision will have a fiscal
impact of less than $1,000,000 annually.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 149--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. MAZIARZ, MONTGOMERY -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations  and  Government  Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the tax law, in relation to tax credits provided for
  solar energy system equipment

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

  Section  1.  Paragraphs  1 and 2 of subsection (g-1) of section 606 of
the tax law, as amended by chapter 378 of the laws of 2005 and  subpara-
graph  (B) of paragraph 2 as amended by chapter 251 of the laws of 2006,
is amended to read as follows:
  (1) General. An individual taxpayer shall be allowed a credit  against
the  tax  imposed by this article equal to twenty-five percent of quali-
fied solar energy system equipment expenditures, EXCEPT AS  PROVIDED  IN
SUBPARAGRAPH (D) OF PARAGRAPH TWO OF THIS SUBSECTION.  This credit shall
not  exceed  three  thousand  seven  hundred fifty dollars for qualified
solar energy equipment placed in service  before  September  first,  two
thousand  six,  and  five  thousand  dollars  for qualified solar energy
equipment placed in service on or after September  first,  two  thousand
six.
  (2) Qualified solar energy system equipment expenditures. (A) The term
"qualified  solar  energy  system equipment expenditures" means expendi-
tures for:
  (I) the purchase of solar energy system equipment which  is  installed
in  connection  with  residential property which is [(i)] (I) located in
this state and [(ii)] (II) which is used by the taxpayer as his  or  her

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00702-03-1

S. 149--B                           2

principal  residence  at  the  time the solar energy system equipment is
placed in service;
  (II) THE LEASE OF SOLAR ENERGY SYSTEM EQUIPMENT UNDER A WRITTEN AGREE-
MENT  THAT  SPANS  AT  LEAST  TEN  YEARS WHERE SUCH EQUIPMENT OWNED BY A
PERSON OTHER THAN THE TAXPAYER IS INSTALLED IN CONNECTION WITH  RESIDEN-
TIAL  PROPERTY WHICH IS (I) LOCATED IN THIS STATE AND (II) WHICH IS USED
BY THE TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE AT THE TIME THE  SOLAR
ENERGY SYSTEM EQUIPMENT IS PLACED IN SERVICE; OR
  (III)  THE  PURCHASE  OF POWER UNDER A WRITTEN AGREEMENT THAT SPANS AT
LEAST TEN YEARS WHEREUNDER THE POWER PURCHASED  IS  GENERATED  BY  SOLAR
ENERGY  SYSTEM EQUIPMENT OWNED BY A PERSON OTHER THAN THE TAXPAYER WHICH
IS INSTALLED IN  CONNECTION  WITH  RESIDENTIAL  PROPERTY  WHICH  IS  (I)
LOCATED  IN  THIS STATE AND (II) WHICH IS USED BY THE TAXPAYER AS HIS OR
HER PRINCIPAL RESIDENCE AT THE TIME THE SOLAR ENERGY SYSTEM EQUIPMENT IS
PLACED IN SERVICE.
  (B) Such qualified expenditures shall include expenditures for materi-
als, labor costs properly allocable to on-site preparation, assembly and
original  installation,  architectural  and  engineering  services,  and
designs  and  plans directly related to the construction or installation
of the solar energy system equipment.
  (C) Such qualified expenditures  FOR  THE  PURCHASE  OF  SOLAR  ENERGY
SYSTEM EQUIPMENT shall not include interest or other finance charges.
  (D)  SUCH  QUALIFIED EXPENDITURES FOR THE LEASE OF SOLAR ENERGY SYSTEM
EQUIPMENT OR THE PURCHASE OF  POWER  UNDER  AN  AGREEMENT  DESCRIBED  IN
CLAUSES  (II)  OR  (III)  OF  SUBPARAGRAPH  (A)  OF THIS PARAGRAPH SHALL
INCLUDE AN AMOUNT EQUAL TO ALL PAYMENTS MADE  DURING  THE  TAXABLE  YEAR
UNDER  SUCH  AGREEMENT.  PROVIDED,  HOWEVER,  SUCH CREDITS SHALL ONLY BE
ALLOWED FOR FOURTEEN YEARS AFTER THE FIRST TAXABLE YEAR  IN  WHICH  SUCH
CREDIT  IS ALLOWED.   PROVIDED FURTHER, HOWEVER, THE TWENTY-FIVE PERCENT
LIMITATION IN PARAGRAPH ONE OF THIS SUBSECTION SHALL ONLY APPLY  TO  THE
TOTAL  AGGREGATE AMOUNT OF ALL PAYMENTS TO BE MADE PURSUANT TO AN AGREE-
MENT REFERENCED IN CLAUSES (II) OR (III) OF  SUBPARAGRAPH  (A)  OF  THIS
PARAGRAPH,  AND  SHALL  NOT  APPLY  TO INDIVIDUAL PAYMENTS MADE DURING A
TAXABLE YEAR UNDER SUCH AGREEMENT EXCEPT TO THE EXTENT  SUCH  LIMITATION
ON AN AGGREGATE BASIS HAS BEEN REACHED.
  S 2. This act shall take effect immediately.

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