NY State Senate Bill 2023-S4131

Current Bill Status - In Senate Committee Budget And Revenue 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
Jan 03, 2024	referred to budget and revenue returned to senate died in assembly
Mar 28, 2023	referred to ways and means delivered to assembly passed senate
Mar 23, 2023	advanced to third reading
Mar 22, 2023	2nd report cal.
Mar 21, 2023	1st report cal.548
Mar 01, 2023	reported and committed to finance
Feb 03, 2023	referred to budget and revenue

Votes

- Mar 28, 2023 - Floor Vote
  S4131
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 28, 2023
      
      aye (63)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
  Mar 21, 2023 - Finance Committee Vote
  S4131
  
  21
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Mar 21, 2023
      
      aye (21)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Cooney
      
      Gallivan
      
      Gounardes
      
      Hinchey
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martins
      
      O'Mara
      
      Oberacker
      
      Parker
      
      Rivera
      
      Salazar
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (1)
      
      Griffo
  Feb 28, 2023 - Budget And Revenue Committee Vote
  S4131
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Budget And Revenue Committee Vote: Feb 28, 2023
      
      aye (7)
      
      Addabbo Jr.
      
      Comrie
      
      Gounardes
      
      Krueger
      
      Murray
      
      Parker
      
      Weber

co-Sponsors

2023-S4131 (ACTIVE) - Details

See Assembly Version of this Bill:: A6983
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7071, A9050
2021-2022: S1020, A6614

2023-S4131 (ACTIVE) - Summary

Authorizes a personal income tax credit for solar energy systems purchased and installed at a residence.

2023-S4131 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4131

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the tax law, in relation to personal income tax credit
for residential solar energy systems

 
PURPOSE:

The purpose of this bill is to expand eligibility for personal income
tax credit for residential solar energy systems.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend subparagraph (A) of paragraph 2 of
subsection (g-1) of section 606 of the Tax Law to allow solar tax cred-
its on one residence per homeowner.

Section 2 of this bill would amend paragraph 5 of subsection (g-1) of
section 606 of the Tax Law to allow two or more taxpayers, of the same
residence, to earn solar tax credits for a residence that is not such

taxpayers' principal residence.

Section 3 of this bill would amend paragraph 4 of subsection (g-1) of
section 606 of the Tax Law to allow a taxpayer, who is a member of a
condominium management association or a cooperative housing corporation,
to earn solar tax credits for a residence that is not such taxpayers'
principal residence.

Section 4 of this bill would amend paragraphs 7 and 8 of subsection
(g-1) of section 606 of the Tax Law to limit taxpayers to applying the
solar tax credit to one residence.

Section 5 of this bill provides that the effective date shall take
effect on the first of January next succeeding the date on which it
shall have become a law and shall apply to taxable years beginning on
and after such date.

 
JUSTIFICATION:

Existing statutes authorizing personal income tax credits for the
installation of solar energy systems are limited to an individual's
primary residence. This bill would allows for the tax credit to be
available to each homeowner on one residence. For example, if an indi-
vidual owns more than one residence in New York and solar installation
is not feasible for the primary residence, the homeowner is unable to
access any tax credits for solar installation on the second residence
under current statutes. Solar tax credits were clearly intended to be an
incentive for individuals to choose cleaner energy sources. Extending
the credit eligibility to any one residence, including secondary resi-
dence, will result in the establishment of additional alternative energy
sources and also assist New York in reaching recently established land-
mark goals toward carbon free energy sources.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.1020 (Kaminsky) - Passed Senate.

2019-20: S.7071 (Kaminsky) - Referred to Budget and Revenue.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to taxable
years beginning on and after such date.

2023-S4131 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4131
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the tax law, in relation to personal income  tax  credit
   for residential solar energy systems
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A) of paragraph  2  of  subsection  (g-1)  of
 section  606  of  the  tax law, as amended by chapter 375 of the laws of
 2012, is amended to read as follows:
   (A) The term "qualified solar energy  system  equipment  expenditures"
 means expenditures for:
   (i)  the  purchase of solar energy system equipment which is installed
 in connection with residential property which is  (I)  located  in  this
 state and (II) which is used by the taxpayer as [his or her principal] A
 residence  at  the  time  the solar energy system equipment is placed in
 service;
   (ii) the lease of solar 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 property which is (I) located in this state and (II) which is  used
 by  the  taxpayer  as [his or her principal] A residence at the time the
 solar energy system equipment is placed in service; or
   (iii) the purchase of power under a written agreement  that  spans  at
 least  ten  years  whereunder  the power purchased is generated by solar
 energy system equipment owned by a person other than the taxpayer  which
 is  installed  in  connection  with  residential  property  which is (I)
 located in this state and (II) which is used by the taxpayer as [his  or
 her principal] A residence at the time the solar energy system equipment
 is placed in service.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07748-01-3
 S. 4131                             2

   § 2. Paragraph 4 of subsection (g-1) of section 606 of the tax law, as
 amended  by  chapter  378  of  the  laws  of 2005, is amended to read as
 follows:
   (4)  Multiple  taxpayers.  Where  solar  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 solar energy system equipment contributed  by
 each taxpayer.
   § 3. Paragraph 5 of subsection (g-1) of section 606 of the tax law, as
 added by chapter 128 of the laws of 2007, is amended to read as follows:
   (5)  Proportionate  share.  Where  solar  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]
  OR HER residence.
   § 4. Paragraphs 7 and 8 of subsection (g-1) of section 606 of the  tax
 law,  as  renumbered  by chapter 128 of the laws of 2007, are renumbered
 paragraphs 8 and 9 and a new paragraph 7 is added to read as follows:
   (7) LIMITATION; ONE RESIDENCE. AN  ELIGIBLE  TAXPAYER  SHALL  ONLY  BE
 ALLOWED TO APPLY THE CREDIT PROVIDED FOR IN THIS SUBSECTION TO ONE RESI-
 DENCE OF SUCH TAXPAYER.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 taxable years beginning on and after such date.

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Senate Bill S4131

Sponsored By

Current Bill Status - In Senate Committee Budget And Revenue Committee

Mar 28, 2023 - Floor Vote

Floor Vote: Mar 28, 2023

Mar 21, 2023 - Finance Committee Vote

Finance Committee Vote: Mar 21, 2023

Feb 28, 2023 - Budget And Revenue Committee Vote

Budget And Revenue Committee Vote: Feb 28, 2023

co-Sponsors

2023-S4131 (ACTIVE) - Details

2023-S4131 (ACTIVE) - Summary

2023-S4131 (ACTIVE) - Sponsor Memo

2023-S4131 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4131

Share this bill

Sponsored By

John W. Mannion

Current Bill Status - In Senate Committee Budget And Revenue Committee

co-Sponsors

Iwen Chu

Rachel May

2023-S4131 (ACTIVE) - Details

2023-S4131 (ACTIVE) - Summary

2023-S4131 (ACTIVE) - Sponsor Memo

2023-S4131 (ACTIVE) - Bill Text download pdf

Comments