S T A T E O F N E W Y O R K ________________________________________________________________________ 3674--A 2011-2012 Regular Sessions I N S E N A T E March 1, 2011 ___________ Introduced by Sens. MARCELLINO, AVELLA, DUANE, OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- recommitted to the Committee on Energy and Telecommunications 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 energy-star appli- ances from state sales and compensating use taxes and granting munici- palities the option to provide such exemption; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision (a) of section 1115 of the tax law is amended 2 by adding a new paragraph 44 to read as follows: 3 (44) RETAIL SALES OF THE FOLLOWING PRODUCTS, PROVIDED THAT THE PRODUCT 4 QUALIFIES AS AN ENERGY-STAR PRODUCT PURSUANT TO THE UNITED STATES ENVI- 5 RONMENTAL PROTECTION AGENCY ENERGY-STAR PROGRAM, SHALL BE EXEMPT FROM 6 THE SALES TAX PROVISIONS OF SECTION ELEVEN HUNDRED FIVE OF THIS ARTICLE: 7 CLOTHES WASHER, DISHWASHER, REFRIGERATOR, ROOM AIR CONDITIONER, CEILING 8 FAN, DEHUMIDIFIER, FREEZER, PROGRAMMABLE THERMOSTAT, AND VENTILATING 9 FAN. THE EXEMPTION PROVIDED FOR IN THIS SUBDIVISION SHALL NOT APPLY TO 10 THE RENTAL, LEASING, REPAIR OR SERVICING OF SUCH ENERGY-STAR PRODUCTS. 11 S 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as 12 amended by section 3 of part GG of chapter 57 of the laws of 2010, is 13 amended to read as follows: 14 (1) Either, all of the taxes described in article twenty-eight of this 15 chapter, at the same uniform rate, as to which taxes all provisions of 16 the local laws, ordinances or resolutions imposing such taxes shall be 17 identical, except as to rate and except as otherwise provided, with the 18 corresponding provisions in such article twenty-eight, including the 19 definition and exemption provisions of such article, so far as the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09679-02-2 S. 3674--A 2 1 provisions of such article twenty-eight can be made applicable to the 2 taxes imposed by such city or county and with such limitations and 3 special provisions as are set forth in this article. The taxes author- 4 ized under this subdivision may not be imposed by a city or county 5 unless the local law, ordinance or resolution imposes such taxes so as 6 to include all portions and all types of receipts, charges or rents, 7 subject to state tax under sections eleven hundred five and eleven 8 hundred ten of this chapter, except as otherwise provided. (i) Any local 9 law, ordinance or resolution enacted by any city of less than one 10 million or by any county or school district, imposing the taxes author- 11 ized by this subdivision, shall, notwithstanding any provision of law to 12 the contrary, exclude from the operation of such local taxes all sales 13 of tangible personal property for use or consumption directly and 14 predominantly in the production of tangible personal property, gas, 15 electricity, refrigeration or steam, for sale, by manufacturing, proc- 16 essing, generating, assembly, refining, mining or extracting; and all 17 sales of tangible personal property for use or consumption predominantly 18 either in the production of tangible personal property, for sale, by 19 farming or in a commercial horse boarding operation, or in both; and, 20 unless such city, county or school district elects otherwise, shall omit 21 the provision for credit or refund contained in clause six of subdivi- 22 sion (a) or subdivision (d) of section eleven hundred nineteen of this 23 chapter. (ii) Any local law, ordinance or resolution enacted by any 24 city, county or school district, imposing the taxes authorized by this 25 subdivision, shall omit the residential solar energy systems equipment 26 exemption provided for in subdivision (ee) and the clothing and footwear 27 exemption provided for in paragraph thirty of subdivision (a) of section 28 eleven hundred fifteen of this chapter AND THE ENERGY-STAR PRODUCT 29 EXEMPTION PROVIDED FOR IN PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF 30 SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER, unless such city, county 31 or school district elects otherwise as to either such residential solar 32 energy systems equipment exemption or such clothing and footwear 33 exemption OR SUCH ENERGY-STAR PRODUCT EXEMPTION. 34 S 3. Section 1210 of the tax law is amended by adding a new subdivi- 35 sion (p) to read as follows: 36 (P) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, ORDI- 37 NANCE OR RESOLUTION TO THE CONTRARY: 38 (1) ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH THE 39 TAXES IMPOSED BY SECTION ELEVEN HUNDRED SEVEN OF THIS CHAPTER ARE IN 40 EFFECT, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED 41 AND EMPOWERED TO ELECT TO PROVIDE THE SAME EXEMPTIONS FROM SUCH TAXES AS 42 THE ENERGY-STAR PRODUCT EXEMPTION FROM STATE SALES AND COMPENSATING USE 43 TAXES DESCRIBED IN PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF SECTION 44 ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER BY ENACTING A RESOLUTION IN THE 45 FORM SET FORTH IN PARAGRAPH TWO OF THIS SUBDIVISION; WHEREUPON, UPON 46 COMPLIANCE WITH THE PROVISIONS OF SUBDIVISIONS (D) AND (E) OF THIS 47 SECTION, SUCH ENACTMENT OF SUCH RESOLUTION SHALL BE DEEMED TO BE AN 48 AMENDMENT TO SUCH SECTION ELEVEN HUNDRED SEVEN AND SUCH SECTION ELEVEN 49 HUNDRED SEVEN SHALL BE DEEMED TO INCORPORATE SUCH EXEMPTIONS AS IF THEY 50 HAD BEEN DULY ENACTED BY THE STATE LEGISLATURE AND APPROVED BY THE 51 GOVERNOR. 52 (2) FORM OF RESOLUTION: BE IT ENACTED BY THE (INSERT PROPER TITLE OF 53 LOCAL LEGISLATIVE BODY) AS FOLLOWS: 54 SECTION ONE. RECEIPTS FROM SALES OF AND CONSIDERATION GIVEN OR 55 CONTRACTED TO BE GIVEN FOR, OR FOR THE USE OF, PROPERTY AND SERVICES 56 EXEMPT FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO PARAGRAPH S. 3674--A 3 1 FORTY-FOUR OF SUBDIVISION (A) OF SECTION 1115 OF THE TAX LAW SHALL ALSO 2 BE EXEMPT FROM SALES AND COMPENSATING USE TAXES IMPOSED IN THIS JURIS- 3 DICTION. 4 SECTION TWO. THIS RESOLUTION SHALL TAKE EFFECT SEPTEMBER 1, (INSERT 5 THE YEAR, BUT NOT EARLIER THAN THE YEAR 2011) AND SHALL APPLY TO SALES 6 MADE, SERVICES RENDERED AND USES OCCURRING ON AND AFTER THAT DATE IN 7 ACCORDANCE WITH THE APPLICABLE TRANSITIONAL PROVISIONS IN SECTIONS 1106, 8 1216 AND 1217 OF THE NEW YORK TAX LAW. 9 S 4. This act shall take effect April 1, 2013 and shall be deemed 10 repealed April 1, 2018.