NY State Senate Bill 2017-S952A

Senate Bill S952A

2017-2018 Legislative Session

Provides an exemption to the sale of plug-in hybrid electric vehicles from state sales and compensating use taxes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2018	reported and committed to finance
Jan 19, 2018	print number 952a
Jan 19, 2018	amend and recommit to investigations and government operations
Jan 03, 2018	referred to investigations and government operations
Feb 14, 2017	reported and committed to finance
Jan 05, 2017	referred to investigations and government operations

Votes

- Feb 6, 2018 - Investigations And Government Operations Committee Vote
  S952A
  
  5
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Feb 6, 2018
      
      aye (5)
      
      Carlucci
      
      Golden
      
      Hoylman-Sigal
      
      Kavanagh
      
      Murphy
      
      aye wr (4)
      
      Benjamin
      
      Lanza
      
      O'Mara
      
      Phillips
  Feb 14, 2017 - Investigations And Government Operations Committee Vote
  S952A
  
  7
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Feb 14, 2017
      
      aye (7)
      
      Carlucci
      
      Diaz
      
      Golden
      
      Lanza
      
      Murphy
      
      O'Mara
      
      Squadron
      
      aye wr (2)
      
      Hoylman-Sigal
      
      Phillips

Bill Amendments

Original

A (Active)

2017-S952 - Details

See Assembly Version of this Bill:: A9587
Current Committee:: Senate Finance
Law Section:: Tax Law
Laws Affected:: Amd §§1115, 1160 & 1210, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7192, A10356
2013-2014: S1665, A1377
2015-2016: S4775, A1243
2019-2020: S1291

2017-S952 - Summary

Provides an exemption to the retail sale of plug-in hybrid electric vehicles from state sales and compensating use taxes; authorizes local governments to adopt similar incentives.

2017-S952 - Sponsor Memo

                                 BILL NUMBER:  S952

 TITLE OF BILL :

An act to amend the tax law, in relation to exempting the sale of
plug-in hybrid electric vehicles from state sales and compensating use
taxes, and to authorize cities and counties to grant such exemption

 PURPOSE :

This legislation would exempt qualifying plug-in electric vehicles
from sales tax.

 SUMMARY OF PROVISIONS :

Section 1 defines the term plug in hybrid. electric vehicle and
creates a state sales tax exemption.

Section 2 states that the tax break is not applicable to car rentals.

Section 3 states that new plug-in hybrid vehicles exemptions may be
exempted by Counties.

Section 4 allows for a sales tax break if opted into by New York City.

Section 5 is the effective date.

 JUSTIFICATION :

Incentives to encourage the purchase of new plug-in hybrid electric
vehicles afford a means for the State to encourage consumers to
consider the purchase of clean fuel vehicles, by overcoming the
initially greater cost of such technologies compared to other vehicles
and accelerate their adoption in the market.  While growing slowly
over time, broad consumer acceptance of hybrid vehicles - remains very
limited.

*Since their inception in 1999, an estimated total of 2.157.723 hybrid
electric automobiles and SUVs by various manufacturers have been sold
in the United States through December 2011.

*According to a recent report from Pike Research, hybrid electric
vehicles (HEVs) and plug-in electric vehicles (PEVs) combined will
represent only 3.1% of worldwide auto sales by 2017.

*Despite higher rates of acceptance in the United States, HEVs and
PEVs will account for only 5.1% of total U.S. vehicle sales by 2017.
According to Experian Automotive - New York State ranks 4th in total
hybrid sales in the 50 states, with 4.68% of new car sales in 2011.
New York lawmakers have enacted similar incentives in prior years to
encourage consumers to consider purchase of hybrid and other
alternative fuel vehicles. These were of limited duration, and phased
out over several years after consumer acceptance began to rise.
Plug-in hybrid vehicles offer several benefits simultaneously:

*Dramatic improvements in fuel economy,

*Significant reductions in emissions, and

*Encouraging the sales of these vehicles is consistent with New York's
drive towards cleaner air.

 PRIOR LEGISLATIVE HISTORY :

S.4775/A.1243 of 2015-2016; referred to Energy and Telecommunications

S.1665 of 2013-14; referred to Investigations and Government
Operations
S.7192A of 2012; referred to Investigations and Government Operations

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This bill shall take effect October 1, 2017.

2017-S952 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    952
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 exempting the sale of  plug-
   in  hybrid  electric  vehicles  from  state sales and compensating use
   taxes, and to authorize cities and counties to grant such exemption
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (a) of section 1115 of the tax law is amended
 by adding a new paragraph 44 to read as follows:
   (44) THE RECEIPTS FROM THE RETAIL SALE OF NEW PLUG-IN HYBRID  ELECTRIC
 VEHICLES.  FOR PURPOSES OF THIS PARAGRAPH THE TERM "PLUG-IN HYBRID ELEC-
 TRIC VEHICLE" MEANS A MOTOR VEHICLE, AS DEFINED IN SECTION  ONE  HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, THAT:
   (I) DRAWS PROPULSION USING A TRACTION BATTERY WITH AT LEAST FOUR KILO-
 WATT HOURS OF CAPACITY;
   (II) USES AN EXTERNAL SOURCE OF ENERGY TO RECHARGE SUCH BATTERY;
   (III) THE ORIGINAL USE OF WHICH COMMENCES WITH THE TAXPAYER;
   (IV)  IS ACQUIRED FOR USE OR LEASE BY THE TAXPAYER AND NOT FOR RESALE;
 AND
   (V) IS MADE BY A MANUFACTURER.
   § 2. Section 1160 of the tax law is amended by adding a  new  subdivi-
 sion (c) to read as follows:
   (C) THE NEW PLUG-IN HYBRID ELECTRIC VEHICLES EXEMPTION PROVIDED FOR IN
 PARAGRAPH  FORTY-FOUR  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN HUNDRED
 FIFTEEN OF THIS CHAPTER SHALL NOT APPLY TO OR LIMIT  THE  IMPOSITION  OF
 THE TAX IMPOSED PURSUANT TO THIS ARTICLE.
   §  3.  Subparagraph  (ii) of paragraph 1 of subdivision (a) of section
 1210 of the tax law, as amended by section 2 of part WW of chapter 60 of
 the laws of 2016, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04998-01-7

 S. 952                              2
 
   (ii) Any local law, ordinance or resolution enacted by any city, coun-
 ty or school district, imposing the taxes authorized  by  this  subdivi-
 sion,  shall  omit  the  residential  solar energy systems equipment and
 electricity exemption provided for in subdivision (ee),  the  commercial
 solar energy systems equipment and electricity exemption provided for in
 subdivision  (ii),  the  commercial  fuel  cell  electricity  generating
 systems equipment and electricity generated by such equipment  exemption
 provided for in subdivision (kk) and the clothing and footwear exemption
 provided  for  in  paragraph  thirty AND THE NEW PLUG-IN HYBRID ELECTRIC
 VEHICLES EXEMPTION PROVIDED FOR IN PARAGRAPH FORTY-FOUR  of  subdivision
 (a) of section eleven hundred fifteen of this chapter, unless such city,
 county  or school district elects otherwise as to such residential solar
 energy systems equipment  and  electricity  exemption,  such  commercial
 solar  energy  systems  equipment  and electricity exemption, commercial
 fuel cell  electricity  generating  systems  equipment  and  electricity
 generated  by  such  equipment  exemption  or such clothing and footwear
 exemption OR SUCH NEW PLUG-IN HYBRID ELECTRIC VEHICLE EXEMPTION.
   § 4. Section 1210 of the tax law is amended by adding a  new  subdivi-
 sion (q) to read as follows:
   (Q)  NOTWITHSTANDING  ANY OTHER PROVISION OF STATE OR LOCAL LAW, ORDI-
 NANCE OR RESOLUTION TO THE CONTRARY:
   (1) ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE IN  WHICH  THE
 TAXES  IMPOSED  BY  SECTION  ELEVEN HUNDRED SEVEN OF THIS CHAPTER ARE IN
 EFFECT, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY  AUTHORIZED
 AND EMPOWERED TO ELECT TO PROVIDE THE SAME EXEMPTIONS FROM SUCH TAXES AS
 THE  NEW PLUG-IN HYBRID ELECTRIC VEHICLES EXEMPTION FROM STATE SALES AND
 COMPENSATING USE TAXES DESCRIBED IN PARAGRAPH FORTY-FOUR OF  SUBDIVISION
 (A)  OF  SECTION  ELEVEN  HUNDRED  FIFTEEN OF THIS CHAPTER BY ENACTING A
 RESOLUTION IN THE FORM SET FORTH IN PARAGRAPH TWO OF  THIS  SUBDIVISION;
 WHEREUPON,  UPON  COMPLIANCE WITH THE PROVISIONS OF SUBDIVISIONS (D) AND
 (E) OF THIS SECTION, SUCH ENACTMENT OF SUCH RESOLUTION SHALL  BE  DEEMED
 TO BE AN AMENDMENT TO SUCH SECTION ELEVEN HUNDRED SEVEN AND SUCH SECTION
 ELEVEN  HUNDRED  SEVEN SHALL BE DEEMED TO INCORPORATE SUCH EXEMPTIONS AS
 IF THEY HAD BEEN DULY ENACTED BY THE STATE LEGISLATURE AND  APPROVED  BY
 THE GOVERNOR.
   (2)  FORM  OF RESOLUTION: BE IT ENACTED BY THE (INSERT PROPER TITLE OF
 LOCAL LEGISLATIVE BODY) AS FOLLOWS:
   SECTION ONE.  RECEIPTS  FROM  SALES  OF  AND  CONSIDERATION  GIVEN  OR
 CONTRACTED  TO  BE  GIVEN  FOR, OR FOR THE USE OF, PROPERTY AND SERVICES
 EXEMPT FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO PARAGRAPH
 44 OF SUBDIVISION (A) OF SECTION 1115 OF THE NEW YORK TAX LAW SHALL ALSO
 BE EXEMPT FROM SALES AND COMPENSATING USE TAXES IMPOSED IN  THIS  JURIS-
 DICTION.
   SECTION  TWO.  THIS  RESOLUTION SHALL TAKE EFFECT MARCH 1, (INSERT THE
 YEAR, BUT NOT EARLIER THAN THE YEAR 2015) AND SHALL APPLY TO SALES MADE,
 SERVICES RENDERED AND USES OCCURRING ON AND AFTER THAT DATE  IN  ACCORD-
 ANCE  WITH THE APPLICABLE TRANSITIONAL PROVISIONS IN SECTIONS 1106, 1216
 AND 1217 OF THE NEW YORK TAX LAW.
   § 5. This act shall take effect October 1, 2017.

co-Sponsors

2017-S952A (ACTIVE) - Details

See Assembly Version of this Bill:: A9587
Current Committee:: Senate Finance
Law Section:: Tax Law
Laws Affected:: Amd §§1115, 1160 & 1210, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7192, A10356
2013-2014: S1665, A1377
2015-2016: S4775, A1243
2019-2020: S1291

2017-S952A (ACTIVE) - Summary

Provides an exemption to the retail sale of plug-in hybrid electric vehicles from state sales and compensating use taxes; authorizes local governments to adopt similar incentives.

2017-S952A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S952A

SPONSOR: FUNKE
 
TITLE OF BILL:  An act to amend the tax law, in relation to exempting
the sale of plug-in hybrid electric vehicles from state sales and
compensating use taxes, and to authorize cities and counties to grant
such exemption

 
PURPOSE:

This legislation would exempt qualifying plug-in electric vehicles from
sales tax.

 
SUMMARY OF PROVISIONS:

Section 1 defines the term plug in hybrid. electric vehicle and creates
a state sales tax exemption.

Section 2 states that the tax break is not applicable to car rentals.

Section 3 states that new plug-in hybrid vehicles exemptions may be

exempted by Counties.

Section 4 allows for a sales tax break if opted into by New York City.

Section 5 is the effective date.

 
JUSTIFICATION:

Incentives to encourage the purchase of new plug-in hybrid electric
vehicles afford a means for the State to encourage consumers to consider
the purchase of clean fuel vehicles, by overcoming the initially greater
cost of such technologies compared to other vehicles and accelerate
their adoption in the market. While growing slowly over time, broad
consumer acceptance of hybrid vehicles - remains very limited.

*Since their inception in 1999, an estimated total of 2.157.723 hybrid
electric automobiles and SUVs by various manufacturers have been sold in
the United States through December 2011.

*According to a recent report from Pike Research, hybrid electric vehi-
cles (HEVs) and plug-in electric vehicles (PEVs) combined will represent
only 3.1% of worldwide auto sales by 2017.

*Despite higher rates of acceptance in the United States, HEVs and PEVs
will account for only 5.1% of total U.S. vehicle sales by 2017.

According to Experian Automotive - New York State ranks 4th in total
hybrid sales in the 50 states, with 4.68% of new car sales in 2011. New
York lawmakers have enacted similar incentives in prior years to encour-
age consumers to consider purchase of hybrid and other alternative fuel
vehicles. These were of limited duration, and phased out over several
years after consumer acceptance began to rise. Plug-in hybrid vehicles
offer several benefits simultaneously:

*Dramatic improvements in fuel economy, *Significant reductions in emis-
sions, and


*Encouraging the sales of these vehicles is consistent with New York's
drive towards cleaner air.

 
PRIOR LEGISLATIVE HISTORY:

S.4775/A.1243 of 2015-2016; referred to Energy and Telecommunications
S.1665 of 2013-14; referred to Investigations and Government Operations
S.7192A of 2012; referred to Investigations and Government Operations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This bill shall take effect on the 180th day after it shall have become
law

2017-S952A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  952--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 exempting the sale of plug-
   in hybrid electric vehicles from  state  sales  and  compensating  use
   taxes, and to authorize cities and counties to grant such exemption
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
 by adding a new paragraph 45 to read as follows:
   (45)  THE RECEIPTS FROM THE RETAIL SALE OF NEW PLUG-IN HYBRID ELECTRIC
 VEHICLES. FOR PURPOSES OF THIS PARAGRAPH THE TERM "PLUG-IN HYBRID  ELEC-
 TRIC  VEHICLE"  MEANS A MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, THAT:
   (I) DRAWS PROPULSION USING A TRACTION BATTERY WITH AT LEAST FOUR KILO-
 WATT HOURS OF CAPACITY;
   (II) USES AN EXTERNAL SOURCE OF ENERGY TO RECHARGE SUCH BATTERY;
   (III) THE ORIGINAL USE OF WHICH COMMENCES WITH THE TAXPAYER;
   (IV) IS ACQUIRED FOR USE OR LEASE BY THE TAXPAYER AND NOT FOR  RESALE;
 AND
   (V) IS MADE BY A MANUFACTURER.
   §  2.  Section 1160 of the tax law is amended by adding a new subdivi-
 sion (c) to read as follows:
   (C) THE NEW PLUG-IN HYBRID ELECTRIC VEHICLES EXEMPTION PROVIDED FOR IN
 PARAGRAPH FORTY-FIVE  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN  HUNDRED
 FIFTEEN  OF  THIS  CHAPTER SHALL NOT APPLY TO OR LIMIT THE IMPOSITION OF
 THE TAX IMPOSED PURSUANT TO THIS ARTICLE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04998-02-8

 S. 952--A                           2
 
   § 3. Subparagraph (ii) of paragraph 1 of subdivision  (a)  of  section
 1210 of the tax law, as amended by section 2 of part WW of chapter 60 of
 the laws of 2016, is amended to read as follows:
   (ii) Any local law, ordinance or resolution enacted by any city, coun-
 ty  or  school  district, imposing the taxes authorized by this subdivi-
 sion, shall omit the residential  solar  energy  systems  equipment  and
 electricity  exemption  provided for in subdivision (ee), the commercial
 solar energy systems equipment and electricity exemption provided for in
 subdivision  (ii),  the  commercial  fuel  cell  electricity  generating
 systems  equipment and electricity generated by such equipment exemption
 provided for in subdivision (kk) and the clothing and footwear exemption
 provided for in paragraph thirty AND THE  NEW  PLUG-IN  HYBRID  ELECTRIC
 VEHICLES  EXEMPTION  PROVIDED FOR IN PARAGRAPH FORTY-FIVE of subdivision
 (a) of section eleven hundred fifteen of this chapter, unless such city,
 county or school district elects otherwise as to such residential  solar
 energy  systems  equipment  and  electricity  exemption, such commercial
 solar energy systems equipment  and  electricity  exemption,  commercial
 fuel  cell  electricity  generating  systems  equipment  and electricity
 generated by such equipment exemption  or  such  clothing  and  footwear
 exemption OR SUCH NEW PLUG-IN HYBRID ELECTRIC VEHICLE EXEMPTION.
   §  4.  Section 1210 of the tax law is amended by adding a new subdivi-
 sion (q) to read as follows:
   (Q) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL  LAW,  ORDI-
 NANCE OR RESOLUTION TO THE CONTRARY:
   (1)  ANY  CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH THE
 TAXES IMPOSED BY SECTION ELEVEN HUNDRED SEVEN OF  THIS  CHAPTER  ARE  IN
 EFFECT,  ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED
 AND EMPOWERED TO ELECT TO PROVIDE THE SAME EXEMPTIONS FROM SUCH TAXES AS
 THE NEW PLUG-IN HYBRID ELECTRIC VEHICLES EXEMPTION FROM STATE SALES  AND
 COMPENSATING  USE TAXES DESCRIBED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION
 (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF  THIS  CHAPTER  BY  ENACTING  A
 RESOLUTION  IN  THE FORM SET FORTH IN PARAGRAPH TWO OF THIS SUBDIVISION;
 WHEREUPON, UPON COMPLIANCE WITH THE PROVISIONS OF SUBDIVISIONS  (D)  AND
 (E)  OF  THIS SECTION, SUCH ENACTMENT OF SUCH RESOLUTION SHALL BE DEEMED
 TO BE AN AMENDMENT TO SUCH SECTION ELEVEN HUNDRED SEVEN AND SUCH SECTION
 ELEVEN HUNDRED SEVEN SHALL BE DEEMED TO INCORPORATE SUCH  EXEMPTIONS  AS
 IF  THEY  HAD BEEN DULY ENACTED BY THE STATE LEGISLATURE AND APPROVED BY
 THE GOVERNOR.
   (2) FORM OF RESOLUTION: BE IT ENACTED BY THE (INSERT PROPER  TITLE  OF
 LOCAL LEGISLATIVE BODY) AS FOLLOWS:
   SECTION  ONE.  RECEIPTS  FROM  SALES  OF  AND  CONSIDERATION  GIVEN OR
 CONTRACTED TO BE GIVEN FOR, OR FOR THE USE  OF,  PROPERTY  AND  SERVICES
 EXEMPT FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO PARAGRAPH
 FORTY-FIVE  OF  SUBDIVISION  (A) OF SECTION 1115 OF THE NEW YORK TAX LAW
 SHALL ALSO BE EXEMPT FROM SALES AND COMPENSATING USE  TAXES  IMPOSED  IN
 THIS JURISDICTION.
   SECTION TWO. THIS RESOLUTION SHALL TAKE EFFECT (INSERT DATE) AND SHALL
 APPLY  TO  SALES MADE, SERVICES RENDERED AND USES OCCURRING ON AND AFTER
 THAT DATE IN ACCORDANCE WITH THE APPLICABLE TRANSITIONAL  PROVISIONS  IN
 SECTIONS 1106, 1216 AND 1217 OF THE NEW YORK TAX LAW.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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