senate Bill S5141A

2011-2012 Legislative Session

Establishes the qualified solar manufacturer facilities and operations credit

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 17, 2012 print number 5141a
amend (t) and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Jun 07, 2011 reported and committed to finance
May 03, 2011 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

S5141 - Details

See Assembly Version of this Bill:
A7566A
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §§210 & 606, Tax L

S5141 - Summary

Establishes the qualified solar manufacturer facilities and operations credit for businesses which manufacture solar energy equipment.

S5141 - Sponsor Memo

S5141 - Bill Text download pdf

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

                                  5141

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 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 the qualified solar manufac-
  turer facilities and operations credit

  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 12-H to read as follows:
  12-H.  QUALIFIED SOLAR MANUFACTURER FACILITIES AND OPERATIONS  CREDIT.
(A) A TAXPAYER THAT IS PRINCIPALLY ENGAGED IN THE MANUFACTURING OF SOLAR
ENERGY  EQUIPMENT  AND  THAT MEETS THE ELIGIBILITY REQUIREMENTS IN PARA-
GRAPH (B) OF THIS SUBDIVISION, SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED BY THIS ARTICLE. THE AMOUNT OF CREDIT SHALL BE EQUAL TO THE  SUM
OF  THE  AMOUNTS SPECIFIED IN PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION
SUBJECT TO THE LIMITATIONS IN PARAGRAPH (E) OF THIS SUBDIVISION. FOR THE
PURPOSES OF THIS SUBDIVISION SOLAR ENERGY EQUIPMENT SHALL MEAN THE MANU-
FACTURING OF MATERIAL COMPONENTS IN NEW YORK STATE DESIGNED  TO  PRODUCE
ELECTRICITY  UTILIZING  SOLAR  RADIATION  AS  THE ENERGY SOURCE FOR SUCH
ELECTRICITY.  THE DETERMINATION OF WHETHER SOLAR ENERGY EQUIPMENT QUALI-
FIES FOR ELIGIBLE COSTS UNDER THIS SUBDIVISION SHALL  BE  DETERMINED  BY
THE COMMISSIONER AND, IF REQUESTED BY THE COMMISSIONER, THE PRESIDENT OF
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
  (B)  AN  ELIGIBLE  TAXPAYER  SHALL (I) HAVE MORE THAN TWENTY FULL-TIME
EMPLOYEES EMPLOYED IN NEW YORK STATE, AND (II) HAVE A RATIO OF  RESEARCH
AND DEVELOPMENT FUNDS TO NET SALES, AS REFERRED TO IN SECTION THIRTY-ONE
HUNDRED  TWO-E  OF  THE  PUBLIC AUTHORITIES LAW, WHICH EQUALS OR EXCEEDS
THREE PERCENT DURING ITS TAXABLE YEAR.
  (C) AN ELIGIBLE TAXPAYER SHALL BE ALLOWED  A  CREDIT  FOR  TWENTY  PER
CENTUM  OF  THE  COST  OR OTHER BASIS FOR FEDERAL INCOME TAX PURPOSES OF
RESEARCH AND DEVELOPMENT AND MANUFACTURING PROPERTY AS DEFINED IN  PARA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11378-01-1

Co-Sponsors

S5141A (ACTIVE) - Details

See Assembly Version of this Bill:
A7566A
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §§210 & 606, Tax L

S5141A (ACTIVE) - Summary

Establishes the qualified solar manufacturer facilities and operations credit for businesses which manufacture solar energy equipment.

S5141A (ACTIVE) - Sponsor Memo

S5141A (ACTIVE) - Bill Text download pdf

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

                                 5141--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 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 -- recommitted to the Committee on Investigations  and
  Government  Operations  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 the qualified solar and
  energy storage manufacturer facilities and operations credit

  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 12-H to read as follows:
  12-H.  QUALIFIED SOLAR AND ENERGY STORAGE MANUFACTURER FACILITIES  AND
OPERATIONS  CREDIT.  (A)  A  TAXPAYER THAT IS WHOLE OR PART OF AN ENTITY
THAT SERVES AS THE PRINCIPAL OPERATOR OF A FACILITY PRIMARILY  FUNCTION-
ING  TO FABRICATE SOLAR ENERGY EQUIPMENT OR ENERGY STORAGE EQUIPMENT AND
THAT MEETS THE ELIGIBILITY REQUIREMENTS IN PARAGRAPH (B) OF THIS  SUBDI-
VISION,  SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE. THE AMOUNT OF CREDIT SHALL BE EQUAL TO THE SUM OF THE AMOUNTS SPEC-
IFIED IN PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION ATTRIBUTABLE TO  THE
TAXPAYER  SUBJECT  TO  THE LIMITATIONS IN PARAGRAPH (E) OF THIS SUBDIVI-
SION. FOR THE PURPOSES OF THIS SUBDIVISION SOLAR ENERGY EQUIPMENT  SHALL
MEAN THE MANUFACTURING OF MATERIAL COMPONENTS IN NEW YORK STATE DESIGNED
TO  PRODUCE  ELECTRICITY  UTILIZING SOLAR RADIATION AS THE ENERGY SOURCE
FOR SUCH ELECTRICITY; AND ENERGY STORAGE EQUIPMENT SHALL MEAN  MATERIALS
AND  DEVICES INTENDED TO STORE SOME FORM OF ENERGY RELATED TO NEW ENERGY
TECHNOLOGIES AS DESCRIBED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED
FIFTY-FOUR OF THE PUBLIC AUTHORITIES  LAW.  SUCH  EQUIPMENT  MAY  EMPLOY
ELECTRICAL, ELECTROCHEMICAL, SUPERCAPACITOR, COMPRESSED GAS, MECHANICAL,
THERMAL  OR  OTHER  DEMONSTRABLE  MEANS  SINGLY OR IN COMBINATION.   THE
DETERMINATION OF WHETHER SOLAR ENERGY EQUIPMENT OR ENERGY STORAGE EQUIP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11378-05-2

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