NY State Senate Bill 2017-S5119A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2018	print number 5119a
Jan 29, 2018	amend and recommit to investigations and government operations
Jan 03, 2018	referred to investigations and government operations
Mar 08, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5119 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L

2017-S5119 - Summary

Relates to wind energy system equipment credit.

2017-S5119 - Sponsor Memo

                                 BILL NUMBER:  S5119

 TITLE OF BILL :  An act to amend the tax law, in relation to wind
energy system equipment credit; and providing for the repeal of
certain provisions therefor

 PURPOSE :

The purpose of this legislation is to encourage homeowners, commercial
businesses, and farms to install wind energy equipment by allowing
those 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 one allows a taxpayer to qualify for wind equipment tax credit
not to exceed $15,000 for individuals or $100,000 for commercial and
farms in cases where the lease of wind 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 wind
energy system equipment.

Section two provides the effective date.

 JUSTIFICATION :

As we continue to move toward a greener economy, it is very important
that residents are encouraged to utilize renewable forms of energy.
This should be true whether the taxpayer can afford to purchase and
install renewable generation such as wind 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.

Both solar and small wind benefit from access to net energy metering,
which allows owners to sell back excess production to the grid. Small
wind can be the perfect clean energy solution for farmers, small
businesses, and homeowners (with more than 3 acres), especially in
Central New York. However, this technology does not enjoy the same tax
treatment as solar, as it does not have access to a personal income
tax credit or a sales tax exemption. Enacting an income tax credit for
small wind at farms, homes, and small businesses would be a step
towards parity for the variety of clean energy technologies, and it
could encourage some New Yorkers to invest in a technology that will
allow them to produce their own electricity -with no pollution or
water use -- and thereby reduce their own energy bills. All types of
clean distributed generation benefit not only the individual owners,
but also the grid as a whole -by decreasing demand from centralized
power plants (and thus dampening wholesale power costs) and doing so
with no pollution.

This legislation is modeled on the popular solar system equipment tax
credit (Chapter 375 of 2012).

 LEGISLATIVE HISTORY :

2016 - A.10691- Ways and Means.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, and shall apply to taxable
years beginning on or after January 1, 2018; and shall expire and be
deemed repealed January 1, 2028.

2017-S5119 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5119
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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 wind energy system equipment
   credit; and providing for the repeal of certain provisions therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (g-3) to read as follows:
   (G-3) WIND ENERGY SYSTEM EQUIPMENT CREDIT. (1) GENERAL.  AN INDIVIDUAL
 TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
 CLE EQUAL TO TWENTY-FIVE PERCENT OF QUALIFIED WIND ENERGY SYSTEM  EQUIP-
 MENT  EXPENDITURES,  EXCEPT AS PROVIDED IN SUBPARAGRAPH (D) OF PARAGRAPH
 TWO OF THIS SUBSECTION.  THIS CREDIT SHALL NOT EXCEED  FIFTEEN  THOUSAND
 DOLLARS  FOR  A RESIDENTIAL INSTALLATION OR ONE HUNDRED THOUSAND DOLLARS
 FOR A FARM OR COMMERCIAL INSTALLATION.
   (2) QUALIFIED WIND ENERGY SYSTEM EQUIPMENT EXPENDITURES. (A) THE  TERM
 "QUALIFIED WIND ENERGY SYSTEM EQUIPMENT EXPENDITURES" MEANS EXPENDITURES
 FOR:
   (I) THE PURCHASE OF WIND ENERGY SYSTEM EQUIPMENT WHICH IS INSTALLED IN
 CONNECTION  WITH  RESIDENTIAL, AGRICULTURAL OR COMMERCIAL PROPERTY WHICH
 IS (I) LOCATED IN THIS STATE AND (II) WHICH, IF RESIDENTIAL, IS USED  BY
 THE  TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE OR FARM OPERATION AT THE
 TIME THE WIND ENERGY SYSTEM EQUIPMENT IS PLACED IN SERVICE;
   (II) THE LEASE OF WIND 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,  AGRICULTURAL  OR COMMERCIAL PROPERTY WHICH IS (I) LOCATED IN THIS
 STATE AND (II) WHICH, IF RESIDENTIAL, IS USED BY THE TAXPAYER AS HIS  OR
 HER  PRINCIPAL  RESIDENCE  OR FARM OPERATION AT THE TIME THE WIND ENERGY
 SYSTEM EQUIPMENT IS PLACED IN SERVICE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09628-01-7

 S. 5119                             2
 
   (III) THE PURCHASE OF POWER UNDER A WRITTEN AGREEMENT  THAT  SPANS  AT
 LEAST  TEN  YEARS  WHERE  UNDER THE POWER PURCHASED IS GENERATED BY WIND
 ENERGY SYSTEM EQUIPMENT OWNED BY A PERSON OTHER THAN THE TAXPAYER  WHICH
 IS  INSTALLED IN CONNECTION WITH RESIDENTIAL, AGRICULTURAL OR COMMERCIAL
 PROPERTY  WHICH  IS  (I) LOCATED IN THIS STATE AND (II) WHICH IS USED BY
 THE TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE OR FARM OPERATION AT  THE
 TIME THE WIND 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, PLANS AND PERMITTING DIRECTLY RELATED TO  THE  CONSTRUCTION  OR
 INSTALLATION OF THE WIND ENERGY SYSTEM EQUIPMENT.
   (C) SUCH QUALIFIED EXPENDITURES FOR THE PURCHASE OF WIND ENERGY SYSTEM
 EQUIPMENT SHALL NOT INCLUDE INTEREST OR OTHER FINANCE CHARGES.
   (D)  SUCH  QUALIFIED  EXPENDITURES FOR THE LEASE OF WIND ENERGY SYSTEM
 EQUIPMENT OR THE PURCHASE OF  POWER  UNDER  AN  AGREEMENT  DESCRIBED  IN
 CLAUSES  (II)  OR  (III)  OF SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL BE
 BASED ON THE APPRAISED VALUE OF THE WIND ENERGY SYSTEM(S) AS  DETERMINED
 BY A QUALIFIED THIRD PARTY APPRAISER.
   (3)  WIND ENERGY SYSTEM EQUIPMENT. THE TERM "WIND ENERGY SYSTEM EQUIP-
 MENT" SHALL MEAN ONE OR MORE WIND TURBINES WITH A COMBINED RATED CAPACI-
 TY OF NOT MORE THAN ONE HUNDRED KILOWATTS FOR  A  NEW  YORK  RESIDENTIAL
 CUSTOMER  GENERATOR  OR  NINE HUNDRED KILOWATTS FOR A FARM OR COMMERCIAL
 CUSTOMER GENERATOR, THAT IS  MANUFACTURED,  INSTALLED  AND  OPERATED  IN
 ACCORDANCE  WITH  APPLICABLE  GOVERNMENT AND INDUSTRY STANDARDS, THAT IS
 CONNECTED TO THE ELECTRIC SYSTEM AND OPERATED IN PARALLEL WITH AN  ELEC-
 TRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES, AND THAT IS
 OPERATED  IN  COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS ESTABLISHED
 BY THIS SECTION.
   (A) WIND TURBINES INSTALLED AFTER JUNE THIRTIETH, TWO  THOUSAND  EIGH-
 TEEN  MUST BE CERTIFIED TO AWEA 9.1-2009 OR, IF THEIR ROTOR AREA EXCEEDS
 200M2, TO IEC 61400-11, IEC 61400-12, AND IEC 61400-1 BY  AN  ACCREDITED
 CERTIFICATION  BODY. WIND TURBINES THAT ARE LISTED ON THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY APPROVED TURBINE LIST  OR  THE
 CESA  ITAC UNIFIED LIST OF WIND TURBINES AT THE TIME OF INSTALLATION ARE
 EXEMPT FROM THESE REQUIREMENTS.
   (B) WIND TURBINES MUST CARRY, AS A MINIMUM, A FIVE  YEAR  WARRANTY  ON
 THE EQUIPMENT AND INSTALLATION.
   (C)  WIND TURBINES MUST BE INSTALLED ON TOWERS OF AT LEAST EIGHTY FEET
 IN HEIGHT.
   (4)  MULTIPLE  TAXPAYERS.  WHERE  WIND  ENERGY  SYSTEM  EQUIPMENT   IS
 PURCHASED  AND  INSTALLED IN A PRINCIPAL RESIDENCE SHARED BY TWO OR MORE
 TAXPAYERS, THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION  FOR
 EACH  SUCH TAXPAYER SHALL BE PRORATED ACCORDING TO THE PERCENTAGE OF THE
 TOTAL EXPENDITURE FOR SUCH WIND ENERGY SYSTEM EQUIPMENT  CONTRIBUTED  BY
 EACH TAXPAYER.
   (5)  PROPORTIONATE  SHARE.  WHERE  WIND  ENERGY  SYSTEM  EQUIPMENT  IS
 PURCHASED AND INSTALLED BY A CONDOMINIUM  MANAGEMENT  ASSOCIATION  OR  A
 COOPERATIVE  HOUSING  CORPORATION,  A  TAXPAYER  WHO  IS A MEMBER OF THE
 CONDOMINIUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE
 COOPERATIVE HOUSING CORPORATION MAY FOR THE PURPOSE OF  THIS  SUBSECTION
 CLAIM  A PROPORTIONATE SHARE OF THE TOTAL EXPENSE AS THE EXPENDITURE FOR
 THE PURPOSES OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE.
   (6) GRANTS. FOR PURPOSES OF DETERMINING THE AMOUNT OF THE  EXPENDITURE
 INCURRED  IN PURCHASING AND INSTALLING WIND ENERGY SYSTEM EQUIPMENT, THE
 AMOUNT OF ANY FEDERAL, STATE OR LOCAL GRANT RECEIVED  BY  THE  TAXPAYER,

 S. 5119                             3
 
 WHICH  WAS  USED  FOR THE PURCHASE AND/OR INSTALLATION OF SUCH EQUIPMENT
 AND WHICH WAS NOT INCLUDED IN THE FEDERAL GROSS INCOME OF THE  TAXPAYER,
 SHALL NOT BE INCLUDED IN THE AMOUNT OF SUCH EXPENDITURES.
   (7)  WHEN  CREDIT  ALLOWED.  THE  CREDIT  PROVIDED FOR HEREIN SHALL BE
 ALLOWED WITH RESPECT TO THE TAXABLE YEAR, COMMENCING AFTER TWO  THOUSAND
 SEVENTEEN,  IN  WHICH  THE  WIND  ENERGY  SYSTEM  EQUIPMENT IS PLACED IN
 SERVICE.
   (8) CARRYOVER OF CREDIT. IF THE AMOUNT OF THE CREDIT,  AND  CARRYOVERS
 OF  SUCH  CREDIT,  ALLOWABLE  UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR
 SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
 CARRIED OVER TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE  TAXABLE  YEAR
 WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
 TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   (9)  CREDIT  TO  BE  CLAIMED BY THE OWNER. THE CREDITS ALLOWABLE UNDER
 THIS SUBSECTION SHALL BE CLAIMED BY THE PERSON OR ENTITY THAT  OWNS  THE
 WIND ENERGY SYSTEM EQUIPMENT.
   §  2. This act shall take effect immediately, and shall apply to taxa-
 ble years beginning on or after January 1, 2018; provided, however, this
 act shall expire and be deemed repealed January 1, 2028.

co-Sponsors

View additional co-sponsors

2017-S5119A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L

2017-S5119A (ACTIVE) - Summary

Relates to wind energy system equipment credit.

2017-S5119A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5119A

SPONSOR: GRIFFO
 
TITLE OF BILL:  An act to amend the tax law, in relation to wind ener-
gy system equipment credit; and providing for the repeal of certain
provisions therefor

 
PURPOSE:

The purpose of this legislation is to encourage homeowners, commercial
businesses, and farms to install wind energy equipment by allowing those
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 one allows a taxpayer to qualify for wind equipment tax credit
not to exceed $15,000 for individuals or $100,000 for commercial and
farms in cases where the lease of wind equipment under a written agree-
ment 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 wind energy system
equipment.

Section two provides the effective date.

 
JUSTIFICATION:

As we continue to move toward a greener economy, it is very important
that residents are encouraged to utilize renewable forms of energy.
This should be true whether the taxpayer can afford to purchase and
install renewable generation such as wind 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 devel-
opment of the renewable energy industry.

Both solar and small wind benefit from access to net energy metering,
which allows owners to sell back excess production to the grid. Small
wind can be the perfect clean energy solution for farmers, small busi-
nesses, and homeowners (with more than 3 acres), especially in Central
New York. However, this technology does not enjoy the same tax treatment
as solar, as it does not have access to a personal income tax credit or
a sales tax exemption. Enacting an income tax credit for small wind at
farms, homes, and small businesses would be a step towards parity for
the variety of clean energy technologies, and it could encourage some
New Yorkers to invest in a technology that will allow them to produce
their own electricity -with no pollution or water use -- and thereby
reduce their own energy bills. All types of clean distributed generation
benefit not only the individual owners, but also the grid as a whole by
decreasing demand from centralized power plants (and thus dampening
wholesale power costs) and doing so with no pollution.

This legislation is modeled on the popular solar system equipment tax
credit (Chapter 375 of 2012).

 
LEGISLATIVE HISTORY:

2016 - A.10691- Ways and Means.
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, and shall apply to taxable years
beginning on or after January 1, 2019; and shall expire and be deemed
repealed January 1, 2029.

2017-S5119A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5119--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sens.  GRIFFO,  BOYLE,  PARKER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government 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 wind energy system equipment
   credit; and providing for the repeal of certain provisions therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
 subsection (g-3) to read as follows:
   (G-3) WIND ENERGY SYSTEM EQUIPMENT CREDIT. (1) GENERAL.  AN INDIVIDUAL
 TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
 CLE  EQUAL TO TWENTY-FIVE PERCENT OF QUALIFIED WIND ENERGY SYSTEM EQUIP-
 MENT EXPENDITURES, EXCEPT AS PROVIDED IN SUBPARAGRAPH (D)  OF  PARAGRAPH
 TWO  OF  THIS SUBSECTION.  THIS CREDIT SHALL NOT EXCEED FIFTEEN THOUSAND
 DOLLARS FOR A RESIDENTIAL INSTALLATION OR ONE HUNDRED  THOUSAND  DOLLARS
 FOR A FARM OR COMMERCIAL INSTALLATION.
   (2)  QUALIFIED WIND ENERGY SYSTEM EQUIPMENT EXPENDITURES. (A) THE TERM
 "QUALIFIED WIND ENERGY SYSTEM EQUIPMENT EXPENDITURES" MEANS EXPENDITURES
 FOR:
   (I) THE PURCHASE OF WIND ENERGY SYSTEM EQUIPMENT WHICH IS INSTALLED IN
 CONNECTION WITH RESIDENTIAL, AGRICULTURAL OR COMMERCIAL  PROPERTY  WHICH
 IS  (I) LOCATED IN THIS STATE AND (II) WHICH, IF RESIDENTIAL, IS USED BY
 THE TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE OR FARM OPERATION AT  THE
 TIME THE WIND ENERGY SYSTEM EQUIPMENT IS PLACED IN SERVICE;
   (II)  THE LEASE OF WIND 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, AGRICULTURAL OR COMMERCIAL PROPERTY WHICH IS (I) LOCATED  IN  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09628-02-8

 S. 5119--A                          2
 
 STATE  AND (II) WHICH, IF RESIDENTIAL, IS USED BY THE TAXPAYER AS HIS OR
 HER PRINCIPAL RESIDENCE OR FARM OPERATION AT THE TIME  THE  WIND  ENERGY
 SYSTEM EQUIPMENT IS PLACED IN SERVICE; OR
   (III)  THE  PURCHASE  OF POWER UNDER A WRITTEN AGREEMENT THAT SPANS AT
 LEAST TEN YEARS WHERE UNDER THE POWER PURCHASED  IS  GENERATED  BY  WIND
 ENERGY  SYSTEM EQUIPMENT OWNED BY A PERSON OTHER THAN THE TAXPAYER WHICH
 IS INSTALLED IN CONNECTION WITH RESIDENTIAL, AGRICULTURAL OR  COMMERCIAL
 PROPERTY  WHICH  IS  (I) LOCATED IN THIS STATE AND (II) WHICH IS USED BY
 THE TAXPAYER AS HIS OR HER PRINCIPAL RESIDENCE OR FARM OPERATION AT  THE
 TIME THE WIND 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, PLANS AND PERMITTING DIRECTLY RELATED TO  THE  CONSTRUCTION  OR
 INSTALLATION OF THE WIND ENERGY SYSTEM EQUIPMENT.
   (C) SUCH QUALIFIED EXPENDITURES FOR THE PURCHASE OF WIND ENERGY SYSTEM
 EQUIPMENT SHALL NOT INCLUDE INTEREST OR OTHER FINANCE CHARGES.
   (D)  SUCH  QUALIFIED  EXPENDITURES FOR THE LEASE OF WIND ENERGY SYSTEM
 EQUIPMENT OR THE PURCHASE OF  POWER  UNDER  AN  AGREEMENT  DESCRIBED  IN
 CLAUSES  (II)  OR  (III)  OF SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL BE
 BASED ON THE APPRAISED VALUE OF THE WIND ENERGY  SYSTEM  OR  SYSTEMS  AS
 DETERMINED BY A QUALIFIED THIRD PARTY APPRAISER.
   (3)  WIND ENERGY SYSTEM EQUIPMENT. THE TERM "WIND ENERGY SYSTEM EQUIP-
 MENT" SHALL MEAN ONE OR MORE WIND TURBINES WITH A COMBINED RATED CAPACI-
 TY OF NOT MORE THAN ONE HUNDRED KILOWATTS FOR  A  NEW  YORK  RESIDENTIAL
 CUSTOMER  GENERATOR  OR  NINE HUNDRED KILOWATTS FOR A FARM OR COMMERCIAL
 CUSTOMER GENERATOR, THAT IS  MANUFACTURED,  INSTALLED  AND  OPERATED  IN
 ACCORDANCE  WITH  APPLICABLE  GOVERNMENT AND INDUSTRY STANDARDS, THAT IS
 CONNECTED TO THE ELECTRIC SYSTEM AND OPERATED IN PARALLEL WITH AN  ELEC-
 TRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES, AND THAT IS
 OPERATED  IN  COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS ESTABLISHED
 BY THIS SECTION.
   (A) WIND TURBINES INSTALLED AFTER JUNE THIRTIETH, TWO  THOUSAND  NINE-
 TEEN  MUST BE CERTIFIED TO AWEA 9.1-2009 OR, IF THEIR ROTOR AREA EXCEEDS
 200M2, TO IEC 61400-11, IEC 61400-12, AND IEC 61400-1 BY  AN  ACCREDITED
 CERTIFICATION  BODY. WIND TURBINES THAT ARE LISTED ON THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY APPROVED TURBINE LIST  OR  THE
 CESA  ITAC UNIFIED LIST OF WIND TURBINES AT THE TIME OF INSTALLATION ARE
 EXEMPT FROM THESE REQUIREMENTS.
   (B) WIND TURBINES MUST CARRY, AS A MINIMUM, A FIVE  YEAR  WARRANTY  ON
 THE EQUIPMENT AND INSTALLATION.
   (C)  WIND TURBINES MUST BE INSTALLED ON TOWERS OF AT LEAST EIGHTY FEET
 IN HEIGHT.
   (4)  MULTIPLE  TAXPAYERS.  WHERE  WIND  ENERGY  SYSTEM  EQUIPMENT   IS
 PURCHASED  AND  INSTALLED IN A PRINCIPAL RESIDENCE SHARED BY TWO OR MORE
 TAXPAYERS, THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION  FOR
 EACH  SUCH TAXPAYER SHALL BE PRORATED ACCORDING TO THE PERCENTAGE OF THE
 TOTAL EXPENDITURE FOR SUCH WIND ENERGY SYSTEM EQUIPMENT  CONTRIBUTED  BY
 EACH TAXPAYER.
   (5)  PROPORTIONATE  SHARE.  WHERE  WIND  ENERGY  SYSTEM  EQUIPMENT  IS
 PURCHASED AND INSTALLED BY A CONDOMINIUM  MANAGEMENT  ASSOCIATION  OR  A
 COOPERATIVE  HOUSING  CORPORATION,  A  TAXPAYER  WHO  IS A MEMBER OF THE
 CONDOMINIUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE
 COOPERATIVE HOUSING CORPORATION MAY FOR THE PURPOSE OF  THIS  SUBSECTION
 CLAIM  A PROPORTIONATE SHARE OF THE TOTAL EXPENSE AS THE EXPENDITURE FOR
 THE PURPOSES OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE.

 S. 5119--A                          3
 
   (6) GRANTS. FOR PURPOSES OF DETERMINING THE AMOUNT OF THE  EXPENDITURE
 INCURRED  IN PURCHASING AND INSTALLING WIND ENERGY SYSTEM EQUIPMENT, THE
 AMOUNT OF ANY FEDERAL, STATE OR LOCAL GRANT RECEIVED  BY  THE  TAXPAYER,
 WHICH  WAS  USED  FOR THE PURCHASE AND/OR INSTALLATION OF SUCH EQUIPMENT
 AND  WHICH WAS NOT INCLUDED IN THE FEDERAL GROSS INCOME OF THE TAXPAYER,
 SHALL NOT BE INCLUDED IN THE AMOUNT OF SUCH EXPENDITURES.
   (7) WHEN CREDIT ALLOWED. THE  CREDIT  PROVIDED  FOR  HEREIN  SHALL  BE
 ALLOWED  WITH RESPECT TO THE TAXABLE YEAR, COMMENCING AFTER TWO THOUSAND
 EIGHTEEN, IN WHICH  THE  WIND  ENERGY  SYSTEM  EQUIPMENT  IS  PLACED  IN
 SERVICE.
   (8)  CARRYOVER  OF CREDIT. IF THE AMOUNT OF THE CREDIT, AND CARRYOVERS
 OF SUCH CREDIT, ALLOWABLE UNDER THIS SUBSECTION  FOR  ANY  TAXABLE  YEAR
 SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
 CARRIED  OVER  TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE TAXABLE YEAR
 WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
 TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   (9) CREDIT TO BE CLAIMED BY THE OWNER.  THE  CREDITS  ALLOWABLE  UNDER
 THIS  SUBSECTION  SHALL BE CLAIMED BY THE PERSON OR ENTITY THAT OWNS THE
 WIND ENERGY SYSTEM EQUIPMENT.
   § 2. This act shall take effect immediately, and shall apply to  taxa-
 ble years beginning on or after January 1, 2019; provided, however, this
 act shall expire and be deemed repealed January 1, 2029.

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Senate Bill S5119A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2017-S5119 - Details

2017-S5119 - Summary

2017-S5119 - Sponsor Memo

2017-S5119 - Bill Text download pdf

co-Sponsors

2017-S5119A (ACTIVE) - Details

2017-S5119A (ACTIVE) - Summary

2017-S5119A (ACTIVE) - Sponsor Memo

2017-S5119A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5119A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2017-S5119 - Details

2017-S5119 - Summary

2017-S5119 - Sponsor Memo

2017-S5119 - Bill Text download pdf

co-Sponsors

2017-S5119A (ACTIVE) - Details

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2017-S5119A (ACTIVE) - Sponsor Memo

2017-S5119A (ACTIVE) - Bill Text download pdf

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