S T A T E O F N E W Y O R K
________________________________________________________________________
7865
I N S E N A T E
November 14, 2012
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law and the tax law, in relation to
alternate generated power capacity; and providing for the repeal of
certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-eee to read as follows:
S 399-EEE. ALTERNATE GENERATED POWER CAPACITY FOR MOTOR FUEL DISPENS-
ING FACILITIES. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING DEFI-
NITIONS APPLY:
(A) "MOTOR FUEL TERMINAL FACILITY" AS DEFINED IN PARAGRAPH (K) OF
SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
(B) "WHOLESALER" AS DEFINED IN PARAGRAPH (L) OF SUBDIVISION ONE OF
SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
(C) "MAJOR DISASTER" SHALL MEAN OCCURRENCE OR IMMINENT THREAT OF WIDE-
SPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULTING
FROM ANY NATURAL OR MAN-MADE CAUSES, INCLUDING, BUT NOT LIMITED TO,
FIRE, FLOOD, EARTHQUAKE, HURRICANE, TORNADO, HIGH WATER, LANDSLIDE,
MUDSLIDE, WIND, STORM, WAVE ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
CONTAMINATION, TERRORISM, CYBER EVENT, BLIGHT, DROUGHT, INFESTATION,
EXPLOSION, RADIOLOGICAL ACCIDENT, NUCLEAR, CHEMICAL, BIOLOGICAL, OR
BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE OR BRIDGE
COLLAPSE.
(D) "ALTERNATE GENERATED POWER SOURCE" SHALL MEAN AN ELECTRICAL GENER-
ATOR THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILO-
WATTS OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE
ELECTRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTER-
RUPTED.
(E) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16620-01-2
S. 7865 2
(F) "SUBSTANTIALLY RENOVATED" SHALL MEAN A RENOVATION THAT RESULTS IN
AN INCREASE OF GREATER THAN FIFTY PERCENT IN THE ASSESSED VALUE OF THE
MOTOR FUEL RETAIL OUTLET.
2. BY SEPTEMBER FIRST, TWO THOUSAND FOURTEEN EACH MOTOR FUEL TERMINAL
FACILITY AND EACH WHOLESALER WHICH SELLS MOTOR FUEL IN THE STATE SHALL
BE CAPABLE OF OPERATING ITS DISTRIBUTION LOADING RACKS USING AN ALTER-
NATE GENERATED POWER SOURCE FOR A MINIMUM OF SEVENTY-TWO HOURS. PENDING
A POST-DISASTER EXAMINATION OF THE EQUIPMENT BY THE OPERATOR TO DETER-
MINE ANY EXTENUATING DAMAGE THAT WOULD RENDER IT UNSAFE TO USE, THE
FACILITY SHALL HAVE SUCH ALTERNATE GENERATED POWER SOURCE AVAILABLE FOR
OPERATION NO LATER THAN TWENTY-FOUR HOURS AFTER A MAJOR DISASTER.
INSTALLATION OF APPROPRIATE WIRING, INCLUDING A TRANSFER SWITCH, SHALL
BE DONE BY A CERTIFIED ELECTRICAL CONTRACTOR. EACH BUSINESS THAT IS
SUBJECT TO THIS SECTION SHALL KEEP A COPY OF THE DOCUMENTATION OF SUCH
INSTALLATION ON SITE OR AT ITS CORPORATE HEADQUARTERS. EACH BUSINESS
SHALL KEEP A WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING AND
ENSURED OPERATIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTA-
TION SHALL BE MADE AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES AND THE DIRECTOR OF THE COUNTY EMERGENCY
MANAGEMENT AGENCY.
3. EACH NEWLY CONSTRUCTED OR SUBSTANTIALLY RENOVATED MOTOR FUEL
OUTLET, FOR WHICH A CERTIFICATE OF OCCUPANCY IS ISSUED ON OR AFTER
SEPTEMBER FIRST, TWO THOUSAND THIRTEEN SHALL BE PRE-WIRED WITH AN APPRO-
PRIATE TRANSFER SWITCH, AND CAPABLE OF OPERATING FUEL PUMPS, DISPENSING
EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT ACCEPTANCE EQUIPMENT USING
AN ALTERNATE GENERATED POWER SOURCE. LOCAL BUILDING INSPECTORS SHALL
INCLUDE THIS EQUIPMENT AND OPERATIONS CHECK IN THE NORMAL INSPECTION
PROCESS BEFORE ISSUING A CERTIFICATE OF OCCUPANCY ON SITE OR AT ITS
CORPORATE HEADQUARTERS. IN ADDITION, EACH RETAIL OUTLET MUST KEEP A
WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING OF AND ENSURED OPER-
ATIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTS MUST BE MADE
AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY MANAGEMENT AND THE DIRECTOR OF THE COUNTY EMERGENCY MANAGEMENT
AGENCY.
4. (A) NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND FOURTEEN EACH MOTOR
FUEL RETAIL OUTLET DESCRIBED IN SUBDIVISIONS TWO AND THREE OF THIS
SECTION WHICH IS LOCATED WITHIN ONE-HALF MILE TO AN INTERSTATE HIGHWAY
OR STATE OR FEDERALLY DESIGNATED EVACUATION ROUTE SHALL BE PRE-WIRED
WITH AN APPROPRIATE TRANSFER SWITCH AND BE CAPABLE OF OPERATING ALL FUEL
PUMPS, DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT ACCEPTANCE
EQUIPMENT USING ALTERNATE GENERATED POWER SOURCE:
(I) A MOTOR FUEL RETAIL OUTLET LOCATED IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE WHICH HAS SIXTEEN OR MORE FUELING POSITIONS.
(II) A MOTOR FUEL RETAIL OUTLET LOCATED IN A COUNTY HAVING A POPU-
LATION OF THREE HUNDRED THOUSAND OR MORE WHICH HAS SIXTEEN OR MORE FUEL-
ING POSITIONS.
(III) A MOTOR FUEL RETAIL OUTLET LOCATED IN A COUNTY HAVING A POPU-
LATION OF ONE HUNDRED THOUSAND OR MORE, BUT FEWER THAN THREE HUNDRED
THOUSAND WHICH HAS TWELVE OR MORE FUELING POSITIONS.
(IV) A MOTOR FUEL RETAIL OUTLET LOCATED IN A COUNTY HAVING A POPU-
LATION OF FEWER THAN ONE HUNDRED THOUSAND WHICH HAS EIGHT OR MORE FUEL-
ING POSITIONS.
(B) INSTALLATION OF APPROPRIATE WIRING AND TRANSFER SWITCHES SHALL BE
DONE BY A CERTIFIED ELECTRICAL CONTRACTOR. EACH BUSINESS THAT IS SUBJECT
TO THIS SECTION SHALL KEEP A COPY OF THE DOCUMENTATION OF SUCH INSTALLA-
TION ON SITE OR AT ITS CORPORATE HEADQUARTERS. EACH BUSINESS SHALL KEEP
S. 7865 3
A WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING AND ENSURED OPERA-
TIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTATION SHALL BE
MADE AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY MANAGEMENT AND THE DIRECTOR OF THE COUNTY EMERGENCY MANAGEMENT
AGENCY.
5. (A) SUBDIVISIONS TWO AND THREE OF THIS SECTION APPLY TO ANY SELF
SERVICE, FULL SERVICE OR COMBINATION SELF-SERVICE AND FULL SERVICE MOTOR
FUEL RETAIL OUTLET REGARDLESS OF WHETHER THE FUEL RETAIL OUTLET IS
LOCATED ON THE GROUNDS OF, OR IS OWNED BY, ANOTHER RETAIL BUSINESS
ESTABLISHMENT THAT DOES NOT ENGAGE IN THE BUSINESS OF SELLING MOTOR
FUEL.
(B) SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL NOT APPLY TO:
(I) AN AUTOMOBILE DEALER;
(II) A PERSON WHO OPERATES A FLEET OF MOTOR VEHICLES;
(III) A PERSON WHO SELLS MOTOR FUEL EXCLUSIVELY TO A FLEET OF MOTOR
VEHICLES; OR
(IV) A MOTOR FUEL RETAIL OUTLET THAT HAS A WRITTEN AGREEMENT WITH A
PUBLIC HOSPITAL, IN A FORM APPROVED BY THE DIVISION OF EMERGENCY MANAGE-
MENT, WHEREIN THE PUBLIC HOSPITAL AGREES TO PROVIDE THE MOTOR FUEL
RETAIL OUTLET WITH AN ALTERNATIVE MEANS OF POWER GENERATION ONSITE SO
THAT THE OUTLET'S FUEL PUMPS MAY BE OPERATED IN THE EVENT OF A POWER
OUTAGE.
6. (A) EACH CORPORATION OR OTHER ENTITY THAT OWNS TEN OR MORE MOTOR
FUEL RETAIL OUTLETS LOCATED WITHIN A SINGLE COUNTY SHALL MAINTAIN AT
LEAST ONE PORTABLE GENERATOR THAT IS CAPABLE OF PROVIDING AN ALTERNATE
GENERATED POWER SOURCE AS REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION
FOR EVERY TEN OUTLETS. IF AN ENTITY OWNS MORE THAN TEN OUTLETS OR A
MULTIPLE OF TEN OUTLETS PLUS AN ADDITIONAL SIX OUTLETS, THE ENTITY MUST
PROVIDE AN ADDITIONAL GENERATOR TO ACCOMMODATE SUCH ADDITIONAL OUTLETS.
EACH PORTABLE GENERATOR MUST BE STORED WITHIN THIS STATE AND MUST BE
AVAILABLE FOR USE IN AN AFFECTED LOCATION WITHIN TWENTY-FOUR HOURS AFTER
THE DISASTER.
(B) FOR PURPOSES OF THIS SECTION, OWNERSHIP OF A MOTOR FUEL RETAIL
OUTLET IS THE OWNER OF RECORD OF THE FUEL STORAGE SYSTEMS OPERATING AT
THE LOCATION.
S 2. The tax law is amended by adding a new section 187-s to read as
follows:
S 187-S. TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (A) (1) FOR EACH
TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN
AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED
AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO
FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR
THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT
A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI-
SIONS TWO AND THREE OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE
GENERAL BUSINESS LAW.
(2) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE
SHALL BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE
TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
POWER SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
NOT SUBJECT TO THE REQUIREMENTS UNDER SUBDIVISIONS TWO AND THREE OF
SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT
TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
(B) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION:
S. 7865 4
(1) "ALTERNATE GENERATED POWER SOURCE" MEANS AN ELECTRICAL GENERATOR
THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS
OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC-
TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED.
(2) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS
LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS
THAN ONE MILLION DOLLARS FOR ANY TAXABLE YEAR FOR WHICH THE CREDIT
AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES
OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707
OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER-
MINING WORLDWIDE GROSS RECEIPTS.
(3) "GROSS RECEIPTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION ONE HUNDRED EIGHTY-TWO-A OF THIS ARTICLE.
(C) THE DEPRECIABLE BASIS OF ANY ALTERNATE GENERATED POWER SOURCE
SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT ALLOWABLE UNDER THIS
SECTION.
(D) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS
ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE
VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE
YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN
SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE
AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE
RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR
THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD
OR REMOVED.
(E) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE
YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE
SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED
BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
S 3. Section 210 of the tax law is amended by adding a new subdivision
46 to read as follows:
46. TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (A) (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN AND
BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED AS A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO FIFTY
PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR THE
PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT A
MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI-
SIONS TWO AND THREE OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE
GENERAL BUSINESS LAW.
(2) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE
SHALL BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE
TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
POWER SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
NOT SUBJECT TO THE REQUIREMENTS UNDER SUBDIVISIONS TWO AND THREE OF
SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT
TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
(B) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION:
(1) "ALTERNATE GENERATED POWER SOURCE" MEANS AN ELECTRICAL GENERATOR
THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS
OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC-
TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED.
S. 7865 5
(2) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS
LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS
THAN ONE MILLION DOLLARS FOR ANY TAXABLE YEAR FOR WHICH THE CREDIT
AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES
OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707
OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER-
MINING WORLDWIDE GROSS RECEIPTS.
(3) "GROSS RECEIPTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION ONE HUNDRED-EIGHTY-TWO-A OF THIS CHAPTER.
(C) THE DEPRECIABLE BASIS OF ANY ALTERNATE GENERATED POWER SOURCE
SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT ALLOWABLE UNDER THIS
SECTION.
(D) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS
ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE
VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE
YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN
SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE
AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE
RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR
THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD
OR REMOVED.
(E) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE
YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE
SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED
BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
S 4. Section 606 of the tax law is amended by adding a new subsection
(u) to read as follows:
(U) TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (1)(A) FOR EACH TAXA-
BLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN AND
BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED AS A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO FIFTY
PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR THE
PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT A
MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI-
SIONS TWO AND THREE OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE
GENERAL BUSINESS LAW.
(B) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE
SHALL BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE
TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
POWER SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
NOT SUBJECT TO THE REQUIREMENTS UNDER SUBDIVISIONS TWO AND THREE OF
SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT
TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
(2) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION:
(A) "ALTERNATE GENERATED POWER SOURCE" MEANS AN ELECTRICAL GENERATOR
THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS
OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC-
TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED.
(B) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS
LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS
THAN ONE MILLION DOLLARS FOR ANY TAXABLE YEAR FOR WHICH THE CREDIT
AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES
S. 7865 6
OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707
OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER-
MINING WORLDWIDE GROSS RECEIPTS.
(C) "GROSS RECEIPTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION ONE HUNDRED EIGHTY-TWO-A OF THIS CHAPTER.
(3) THE DEPRECIABLE BASIS OF ANY ALTERNATE GENERATED POWER SOURCE
SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT ALLOWABLE UNDER THIS
SECTION.
(4) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS
ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE
VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE
YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN
SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE
AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE
RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR
THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD
OR REMOVED.
(5) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE
YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE
SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED
BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
S 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xxxv) to read as
follows:
(XXXV) ALTERNATE GENERATED STORAGE AMOUNT OF CREDIT UNDER
CREDIT UNDER SUBSECTION (U) SUBDIVISION FORTY-SIX OF
SECTION TWO HUNDRED TEN
S 6. This act shall take effect immediately; provided the provisions
of sections two, three, four and five of this act shall expire and be
deemed repealed January 1, 2018.