S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3592
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN  ACT  to  amend the tax law, in relation to establishing a tax credit
   for condominium and cooperative apartment owners  that  install  elec-
   trical outlets for charging electric cars in certain parking garages

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 210-B of the tax law is amended  by  adding  a  new
 subdivision 53 to read as follows:
   53.  CREDIT  FOR  ELECTRICAL  OUTLETS  FOR  CHARGING  ELECTRIC CARS IN
 CERTAIN PARKING GARAGES. (A) A TAXPAYER SHALL BE ALLOWED  A  CREDIT  FOR
 TAXABLE  YEARS  BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY
 AND  ENDING  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FOUR
 AGAINST  THE  TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLA-
 TION OF ELECTRICAL OUTLETS FOR CHARGING ELECTRIC  CARS  IN  THE  PARKING
 GARAGE  OWNED  BY  A CONDOMINIUM MANAGEMENT ASSOCIATION OR A COOPERATIVE
 HOUSING CORPORATION, IF  SUCH  CONDOMINIUM  OR  COOPERATIVE  HOUSING  IS
 LOCATED WITHIN THIS STATE. ANY TAXPAYER WHO IS A MEMBER OF THE CONDOMIN-
 IUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE COOPER-
 ATIVE  HOUSING CORPORATION MAY FOR THE PURPOSE OF THIS SUBDIVISION CLAIM
 A PROPORTIONATE SHARE OF THE TOTAL EXPENSE AS THE  EXPENDITURE  FOR  THE
 PURPOSES  OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE, IF SUCH
 RESIDENCE IS LOCATED WITHIN THE STATE. THE TOTAL AMOUNT  OF  THE  CREDIT
 SHALL  BE  FIFTY-FIVE  PERCENT OF THE EXPENDITURE INCURRED IN PURCHASING
 AND INSTALLING ANY SUCH SYSTEM OR COMBINATION THEREOF, BUT NOT TO EXCEED
 THE MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "ELECTRIC  CARS" SHALL MEAN MOTOR VEHICLES, AS DEFINED BY SECTION
 ONE HUNDRED TWENTY-FIVE OF  THE  VEHICLE  AND  TRAFFIC  LAW,  WHICH  ARE
 PROPELLED  BY  ELECTRIC MOTORS USING ELECTRIC ENERGY STORED IN BATTERIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00768-01-9

 A. 3592                             2
 
 OR OTHER ENERGY STORAGE DEVICES. FOR THE PURPOSES OF  THIS  SUBDIVISION,
 "ELECTRIC  CARS"  SHALL NOT INCLUDE ELECTRIC PERSONAL ASSISTIVE MOBILITY
 DEVICES AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE  AND
 TRAFFIC LAW.
   (II) "ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS" SHALL INCLUDE ANY
 ELECTRICAL  OUTLETS  INTENDED  TO  BE  USED  FOR CHARGING ELECTRIC CARS,
 INCLUDING, BUT NOT LIMITED TO 120-VOLT  OUTLETS,  240-VOLT  OUTLETS  AND
 CHARGING STATIONS SPECIFICALLY MANUFACTURED FOR CHARGING ELECTRIC CARS.
   (C)  TO  THE  EXTENT  THAT  A FEDERAL INCOME TAX CREDIT SHALL APPLY TO
 EXPENDITURES ELIGIBLE FOR A CREDIT UNDER THIS  SUBDIVISION,  THE  CREDIT
 PROVIDED IN THIS SUBDIVISION SHALL BE REDUCED SO THAT THE COMBINED CRED-
 IT  SHALL  NOT  EXCEED  FIFTY-FIVE PERCENT OF SUCH EXPENDITURES OR SEVEN
 THOUSAND DOLLARS, WHICHEVER IS LESS.
   (D) IF THE AMOUNT OF CREDIT ALLOWABLE  UNDER  THIS  SUBDIVISION  SHALL
 EXCEED THE TAXPAYER'S TAX FOR SUCH  YEAR, THE EXCESS MAY BE CARRIED OVER
 TO  THE  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S
 TAX FOR SUCH YEAR OR YEARS.
   (E) IF ALL OR ANY PART OF THE CREDIT PROVIDED FOR UNDER THIS  SUBDIVI-
 SION  WAS ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR  YEARS, A
 TAXPAYER SHALL REDUCE THE ALLOWABLE  CREDIT  FOR  ADDITIONAL  QUALIFYING
 EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT PREVI-
 OUSLY ALLOWED OR CARRIED OVER; PROVIDED HOWEVER THAT A CREDIT PREVIOUSLY
 ALLOWED  OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR YEARS SHALL NOT BE
 TAKEN INTO ACCOUNT IN DETERMINING THE ALLOWABLE CREDIT FOR THE  PURCHASE
 AND  INSTALLATION  OF ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS IN A
 SUBSEQUENT PRINCIPAL RESIDENCE.
   (F) FOR THE PURPOSE OF DETERMINING THE AMOUNT OF THE  ACTUAL  EXPENDI-
 TURE INCURRED IN PURCHASING AND INSTALLING ELECTRICAL OUTLETS FOR CHARG-
 ING  ELECTRIC  CARS,  THE  AMOUNT  OF  ANY FEDERAL, STATE OR LOCAL GRANT
 RECEIVED BY THE TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTAL-
 LATION OF SUCH SYSTEM AND WHICH WAS NOT INCLUDED IN THE GROSS INCOME  OF
 THE TAXPAYER, SHALL NOT BE TAKEN INTO ACCOUNT.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (g-3) to read as follows:
   (G-3) CREDIT FOR ELECTRICAL OUTLETS  FOR  CHARGING  ELECTRIC  CARS  IN
 CERTAIN  PARKING  GARAGES.  (1) A TAXPAYER SHALL BE ALLOWED A CREDIT FOR
 TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY
 AND  ENDING  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FOUR
 AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR THE PURCHASE  AND  INSTALLA-
 TION  OF  ELECTRICAL  OUTLETS  FOR CHARGING ELECTRIC CARS IN THE PARKING
 GARAGE OWNED BY A CONDOMINIUM MANAGEMENT ASSOCIATION  OR  A  COOPERATIVE
 HOUSING  CORPORATION,  IF  SUCH  CONDOMINIUM  OR  COOPERATIVE HOUSING IS
 LOCATED WITHIN THIS STATE. ANY TAXPAYER WHO IS A MEMBER OF THE CONDOMIN-
 IUM MANAGEMENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE COOPER-
 ATIVE 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, IF SUCH
 RESIDENCE IS LOCATED WITHIN THE STATE. THE TOTAL AMOUNT  OF  THE  CREDIT
 SHALL  BE  FIFTY-FIVE  PERCENT OF THE EXPENDITURE INCURRED IN PURCHASING
 AND INSTALLING ANY SUCH SYSTEM OR COMBINATION THEREOF, BUT NOT TO EXCEED
 THE MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
   (2) FOR THE PURPOSES OF THIS SUBSECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "ELECTRIC  CARS" SHALL MEAN MOTOR VEHICLES, AS DEFINED BY SECTION
 ONE HUNDRED TWENTY-FIVE OF  THE  VEHICLE  AND  TRAFFIC  LAW,  WHICH  ARE
 PROPELLED  BY  ELECTRIC MOTORS USING ELECTRIC ENERGY STORED IN BATTERIES

 A. 3592                             3
 
 OR OTHER ENERGY STORAGE DEVICES. FOR THE PURPOSES OF  THIS  SUBDIVISION,
 "ELECTRIC  CARS"  SHALL NOT INCLUDE ELECTRIC PERSONAL ASSISTIVE MOBILITY
 DEVICES AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE  AND
 TRAFFIC LAW,
   (II) "ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS" SHALL INCLUDE ANY
 ELECTRICAL  OUTLETS  INTENDED  TO  BE  USED  FOR CHARGING ELECTRIC CARS,
 INCLUDING, BUT NOT LIMITED TO 120-VOLT  OUTLETS,  240-VOLT  OUTLETS  AND
 CHARGING STATIONS SPECIFICALLY MANUFACTURED FOR CHARGING ELECTRIC CARS.
   (3)  TO  THE  EXTENT  THAT  A FEDERAL INCOME TAX CREDIT SHALL APPLY TO
 EXPENDITURES ELIGIBLE FOR A CREDIT UNDER  THIS  SUBSECTION,  THE  CREDIT
 PROVIDED IN THIS SUBSECTION SHALL BE REDUCED SO THAT THE COMBINED CREDIT
 SHALL  NOT EXCEED FIFTY-FIVE PERCENT OF SUCH EXPENDITURES OR SEVEN THOU-
 SAND DOLLARS, WHICHEVER IS LESS.
   (4) IF THE AMOUNT OF CREDIT  ALLOWABLE  UNDER  THIS  SUBSECTION  SHALL
 EXCEED  THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
 TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM  THE  TAXPAYER'S
 TAX FOR SUCH YEAR OR YEARS.
   (5)  IF  ALL  OR  ANY  PART  OF  THE  CREDIT  PROVIDED  FOR UNDER THIS
 SUBSECTION WAS ALLOWED OR CARRIED OVER FROM  A  PRIOR  TAXABLE  YEAR  OR
 YEARS, A TAXPAYER SHALL REDUCE THE ALLOWABLE CREDIT FOR ADDITIONAL QUAL-
 IFYING EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT
 PREVIOUSLY  ALLOWED  OR  CARRIED  OVER;  PROVIDED  HOWEVER THAT A CREDIT
 PREVIOUSLY ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE  YEAR  OR  YEARS
 SHALL  NOT BE TAKEN INTO ACCOUNT IN DETERMINING THE ALLOWABLE CREDIT FOR
 THE PURCHASE AND INSTALLATION OF ELECTRICAL OUTLETS FOR  CHARGING  ELEC-
 TRIC CARS IN A SUBSEQUENT PRINCIPAL RESIDENCE.
   (6)  FOR  THE PURPOSE OF DETERMINING THE AMOUNT OF THE ACTUAL EXPENDI-
 TURE INCURRED IN PURCHASING AND INSTALLING ELECTRICAL OUTLETS FOR CHARG-
 ING ELECTRIC CARS, THE AMOUNT OF  ANY  FEDERAL,  STATE  OR  LOCAL  GRANT
 RECEIVED BY THE TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTAL-
 LATION  OF SUCH SYSTEM AND WHICH WAS NOT INCLUDED IN THE GROSS INCOME OF
 THE TAXPAYER, SHALL NOT BE TAKEN INTO ACCOUNT.
   § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended  by adding a new clause (xliv) to read as
 follows:
 
 (XLIV) CREDIT FOR                    AMOUNT OF CREDIT
 ELECTRICAL OUTLETS FOR CHARGING      UNDER SUBDIVISION
 ELECTRIC CARS IN CERTAIN             FIFTY-THREE OF SECTION
 PARKING GARAGES UNDER SUBSECTION     TWO HUNDRED TEN-B
 (G-3)
 
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.