Assembly Bill A9051

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9051
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced by M. of A. KELLES, OTIS, DINOWITZ, GONZALEZ-ROJAS, SHRESTHA,
   CRUZ,  LEVENBERG,  SIMON, GLICK, KIM, COLTON, EPSTEIN -- read once and
   referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to expanding the  solar  energy
   system  equipment  tax  credit  to cover solar energy system equipment
   installed in a community solar array
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  3 and 4 of subsection (g-1) of section 606 of
 the tax law, paragraph 3 as amended by chapter 128 of the laws  of  2007
 and  paragraph  4  as  amended  by  chapter 378 of the laws of 2005, are
 amended to read as follows:
   (3) Solar energy system  equipment.  The  term  "solar  energy  system
 equipment"  shall  mean  an  arrangement  or  combination  of components
 utilizing solar radiation, which, when installed in a residence OR IN  A
 COMMUNITY  SOLAR  ARRAY,  produces  energy  designed to provide heating,
 cooling, hot water or electricity for use in such residence OR  FOR  USE
 IN A RESIDENCE CONNECTED TO A COMMUNITY SOLAR ARRAY. Such arrangement or
 components  shall not include equipment connected to solar energy system
 equipment that is a component of part or parts  of  a  non-solar  energy
 system or which uses any sort of recreational facility or equipment as a
 storage medium. Solar energy system equipment that generates electricity
 for use in a residence must conform to applicable requirements set forth
 in  section  sixty-six-j  of  the public service law. Provided, however,
 where solar energy system equipment is  purchased  and  installed  by  a
 condominium management association or a cooperative housing corporation,
 for  purposes  of this subsection only, the term "ten kilowatts" in such
 section sixty-six-j shall  be  read  as  "fifty  kilowatts."    FOR  THE
 PURPOSES  OF  THIS  SUBSECTION,  "COMMUNITY  SOLAR  ARRAY"  SHALL MEAN A
 LOCATION OTHER THAN A PERSON'S PRINCIPAL RESIDENCE  WHERE  SOLAR  ENERGY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09197-03-5
 A. 9051                             2
              

 
 SYSTEM EQUIPMENT IS OWNED AND INSTALLED FOR USE IN SUCH PERSON'S PRINCI-
 PAL RESIDENCE.
   (4)  Multiple  taxpayers.  Where  solar  energy  system  equipment  is
 purchased and installed in a principal residence shared by two  or  more
 taxpayers OR IN A COMMUNITY SOLAR ARRAY, the amount of the credit allow-
 able  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.
   § 2. This act shall take effect immediately and shall apply to taxable
 years  commencing on and after the first of January next  succeeding the
 date on which it shall have become a law.