senate Bill S2515

2013-2014 Legislative Session

Establishes the retail gas station electric generator tax 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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 18, 2013 referred to investigations and government operations

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S2515 - Bill Details

See Assembly Version of this Bill:
A3870
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd ยงยง210 & 606, Tax L

S2515 - Bill Texts

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Establishes the retail gas station electric generator tax credit.

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BILL NUMBER:S2515

TITLE OF BILL: An act to amend the tax law, in relation to
establishing the retail gas station electric generator tax credit

PURPOSE: This bill would provide taxpayers that own retail motor fuel
and diesel motor fuel filling stations in the state with a refundable
tax credit for the purchase and installation of an emergency electric
generator that is capable of providing emergency power to the fuel
pumps at the filling station.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 210 of the Tax law to provide a
refundable credit to business corporation taxpayers that own motor
fuel and diesel motor fuel filling stations that sell motor fuel and
diesel motor fuel at retail for purchasing and installing an emergency
electric generator at a filling station. The emergency electric
generator must be capable of providing emergency power to the fuel
pumps.

Section 2 of the bill amends section 606 of the Tax law to provide a
refundable credit to S Corporation taxpayers that own motor fuel and
diesel motor fuel filling stations that sell motor fuel and diesel
motor fuel at retail for purchasing and installing an emergency
electric generator at a filling station. The emergency electric
generator must be capable of providing emergency power to the fuel
pumps.

Section 3 of the bill amends section 606 of the Tax law to provide a
refundable credit to individual taxpayers that own motor fuel and
diesel motor fuel filling stations that sell motor fuel and diesel
motor fuel at retail for purchasing and installing an emergency
electric generator at a filling station. The emergency electric
generator must be capable of providing emergency power to the fuel
pumps.

Section 4 of the bill provides that the act shall take effect
immediately and apply to taxable years beginning on and after January
1, 2013.

EXISTING LAW: Currently, the Tax Law does not provide for such a
credit.

JUSTIFICATION: As New Yorkers began to recover from Hurricane Sandy,
many found that they were unable to obtain motor fuel locally because
there was no electricity at the service stations to operate the fuel
pumps. These New Yorkers were forced to either drive upstate or to
another State to obtain motor fuel. At the few service stations that
did have power to operate the fuel pumps, the lines to obtain motor
fuel stretched for blocks. In Manhattan, three police officers were
sent to a service station to keep the peace after fights broke out in
the waiting line.

This bill addresses the underlying cause of the inability for New
Yorkers to purchase motor fuel after Hurricane Sandy by providing


service station owners with a refundable tax credit when the owner
purchases a generator that is able to power the fuel pumps is
purchased and installed at a service station in New York. This tax
credit will provide service station owners, many of whom are
struggling with repairs in the wake of Hurricane Sandy, with the
security that if they make the investment that they need to purchase
and install a generator, they will receive some financial relief.

We need to help to ensure that New Yorkers do not face the same
situation in the future. This bill is a good step toward achieving
that goal.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately and shall
apply to all taxable years beginning on and after January 1, 2013.

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

                                  2515

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sens. GOLDEN, MAZIARZ -- 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 the retail gas
  station electric generator tax 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 46 to read as follows:
  46. RETAIL GAS STATION ELECTRIC GENERATOR TAX CREDIT. (A) ALLOWANCE OF
CREDIT. A TAXPAYER WHO IS ENGAGED IN THE BUSINESS OF SELLING MOTOR  FUEL
OR DIESEL MOTOR FUEL AT RETAIL SHALL BE ALLOWED A CREDIT, TO BE COMPUTED
AS  PROVIDED  IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION, AGAINST THE TAX
IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLATION OF AN EMERGEN-
CY ELECTRIC GENERATOR THAT IS CAPABLE OF PROVIDING  EMERGENCY  POWER  TO
FUEL PUMPS AT A FILLING STATION OWNED BY THE TAXPAYER THAT IS LOCATED IN
THIS STATE. A TAXPAYER MAY CLAIM CREDIT PURSUANT TO THIS SUBDIVISION FOR
EACH  EMERGENCY  ELECTRIC GENERATOR INSTALLED AT A FILLING STATION OWNED
BY THE TAXPAYER THAT IS LOCATED IN THIS STATE; PROVIDED,  HOWEVER,  THAT
THE  TAXPAYER  SHALL  NOT CLAIM MORE THAN ONE CREDIT FOR ANY ONE FILLING
STATION.
  (B) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
  (1) "AT RETAIL" SHALL MEAN A FILLING STATION WHERE SUCH FUEL IS STORED
PRIMARILY FOR SALE BY DELIVERY DIRECTLY  INTO  THE  ORDINARY  FUEL  TANK
CONNECTED WITH THE ENGINE OF A MOTOR VEHICLE TO BE CONSUMED IN THE OPER-
ATION  OF  SUCH MOTOR VEHICLE OR WHERE SUCH FUEL IS STORED PRIMARILY FOR
SALE BY DELIVERY DIRECTLY INTO THE ORDINARY FUEL TANK CONNECTED WITH THE
ENGINE OF A VESSEL TO BE CONSUMED IN THE OPERATION OF SUCH VESSEL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07749-01-3

S. 2515                             2

  (2) "DIESEL MOTOR FUEL" SHALL HAVE THE SAME MEANING AS THE TERM  HIGH-
WAY  DIESEL  MOTOR  FUEL AS DEFINED IN SECTION TWO HUNDRED EIGHTY-TWO OF
THIS CHAPTER.
  (3)  "FILLING STATION" SHALL MEAN ANY PREMISES WHEREON THE RETAIL SALE
OF MOTOR FUELS IS CONDUCTED AS THE PRINCIPAL BUSINESS.
  (4) "MOTOR FUEL" SHALL HAVE THE SAME MEANING AS IN SECTION TWO HUNDRED
EIGHTY-TWO OF THIS CHAPTER.
  (C) AMOUNT OF CREDIT. THE AMOUNT OF CREDIT SHALL  EQUAL  THE  COST  TO
PURCHASE  AND  INSTALL  AN  EMERGENCY  ELECTRIC  GENERATOR  AT A FILLING
STATION LOCATED IN THIS STATE LESS ANY  AMOUNTS  FOR  SUCH  PURCHASE  OR
INSTALLATION THAT WERE DEDUCTED BY THE TAXPAYER FOR FEDERAL PURPOSES, OR
FIFTEEN THOUSAND DOLLARS, WHICHEVER IS LESSER.
  (D)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR  TO  LESS
THAN  THE  HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF
SUBDIVISION ONE OF THIS  SECTION.  HOWEVER,  IF  THE  AMOUNT  OF  CREDIT
ALLOWED  UNDER  THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE  IN  SUCH  TAXABLE
YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED
IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF
THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS  OF  SUBSECTION  (C)  OF
SECTION  ONE  THOUSAND  EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO
INTEREST WILL BE PAID THEREON.
  S 2. 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) RETAIL GAS STATION ELECTRIC   AMOUNT OF CREDIT UNDER
GENERATOR TAX CREDIT UNDER           SUBDIVISION FORTY-SIX OF SECTION
SUBSECTION (VV)                      TWO HUNDRED TEN OF THIS CHAPTER
  S 3. Section 606 of the tax law is amended by adding a new  subsection
(vv) to read as follows:
  (VV)  RETAIL  GAS STATION ELECTRIC GENERATOR TAX CREDIT. (1) ALLOWANCE
OF CREDIT. A TAXPAYER WHO IS ENGAGED IN THE BUSINESS  OF  SELLING  MOTOR
FUEL  OR  DIESEL  MOTOR  FUEL AT RETAIL SHALL BE ALLOWED A CREDIT, TO BE
COMPUTED AS PROVIDED IN PARAGRAPH (3) OF THIS  SUBSECTION,  AGAINST  THE
TAX  IMPOSED  BY  THIS  ARTICLE  FOR THE PURCHASE AND INSTALLATION OF AN
EMERGENCY ELECTRIC GENERATOR THAT  IS  CAPABLE  OF  PROVIDING  EMERGENCY
POWER  TO  FUEL PUMPS AT A FILLING STATION OWNED BY THE TAXPAYER THAT IS
LOCATED IN THIS STATE. A TAXPAYER MAY  CLAIM  CREDIT  PURSUANT  TO  THIS
SUBDIVISION FOR EACH EMERGENCY ELECTRIC GENERATOR INSTALLED AT A FILLING
STATION  OWNED  BY THE TAXPAYER THAT IS LOCATED IN THIS STATE; PROVIDED,
HOWEVER, THAT THE TAXPAYER SHALL NOT CLAIM MORE THAN ONE CREDIT FOR  ANY
ONE FILLING STATION.
  (2) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
  (A) "AT RETAIL" SHALL MEAN A FILLING STATION WHERE SUCH FUEL IS STORED
PRIMARILY  FOR  SALE  BY  DELIVERY  DIRECTLY INTO THE ORDINARY FUEL TANK
CONNECTED WITH THE ENGINE OF A MOTOR VEHICLE TO BE CONSUMED IN THE OPER-
ATION OF SUCH MOTOR VEHICLE OR WHERE SUCH FUEL IS STORED  PRIMARILY  FOR
SALE BY DELIVERY DIRECTLY INTO THE ORDINARY FUEL TANK CONNECTED WITH THE
ENGINE OF A VESSEL TO BE CONSUMED IN THE OPERATION OF SUCH VESSEL.
  (B)  "DIESEL MOTOR FUEL" SHALL HAVE THE SAME MEANING AS THE TERM HIGH-
WAY DIESEL MOTOR FUEL AS DEFINED IN SECTION TWO  HUNDRED  EIGHTY-TWO  OF
THIS CHAPTER.
  (C)  "FILLING STATION" SHALL MEAN ANY PREMISES WHEREON THE RETAIL SALE
OF MOTOR FUELS IS CONDUCTED AS THE PRINCIPAL BUSINESS.

S. 2515                             3

  (D) "MOTOR FUEL" SHALL HAVE THE SAME MEANING AS IN SECTION TWO HUNDRED
EIGHTY-TWO OF THIS CHAPTER.
  (3)  AMOUNT  OF  CREDIT.  THE AMOUNT OF CREDIT SHALL EQUAL THE COST TO
PURCHASE AND INSTALL  AN  EMERGENCY  ELECTRIC  GENERATOR  AT  A  FILLING
STATION  LOCATED  IN  THIS  STATE  LESS ANY AMOUNTS FOR SUCH PURCHASE OR
INSTALLATION THAT WERE DEDUCTED BY THE TAXPAYER FOR FEDERAL PURPOSES, OR
FIFTEEN THOUSAND DOLLARS, WHICHEVER IS LESSER.
  (4) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
SUCH  YEAR,  THE  EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
SHALL BE PAID THEREON.
  S 4. This act shall take effect immediately and  shall  apply  to  all
taxable years beginning on and after January 1, 2013.

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