A9192B-2011 Actions

• May 9, 2012: print number 9192c
• May 9, 2012: amend and recommit to real property taxation
• May 1, 2012: print number 9192b
• May 1, 2012: amend and recommit to real property taxation
• Mar 23, 2012: print number 9192a
• Mar 23, 2012: amend (t) and recommit to real property taxation
• Feb 2, 2012: referred to real property taxation

A9192B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9192--B
 I N  ASSEMBLY
 February 2, 2012
 
 Introduced  by  M. of A. QUART, JAFFEE -- Multi-Sponsored by -- M. of A.
 BOYLAND, GOTTFRIED, HOOPER, P. RIVERA, SCHIMEL, TITONE  --  read  once
 and  referred  to the Committee on Real Property Taxation -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee -- again reported from said  committee  with  amend
 ments, ordered reprinted as amended and recommitted to said committee
 AN  ACT  to amend the tax law and the real property tax law, in relation
 to establishing the carbon emissions reduction credit and the multiple
 dwelling carbon emissions reduction tax abatement
 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 (uu) to read as follows:

 (UU) CARBON EMISSIONS  REDUCTION  CREDIT.  (1)  ALLOWANCE  OF  CREDIT.
 SUBJECT TO APPROVAL BY THE COMMISSION PURSUANT TO PARAGRAPH FOUR OF THIS
 SUBSECTION, A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
 BY  THIS  ARTICLE  FOR  COSTS INCURRED ON OR AFTER THE EFFECTIVE DATE OF
 THIS SUBSECTION BY SUCH TAXPAYER, WHICH ARE DIRECTLY ASSOCIATED WITH THE
 CONVERSION OF A HOME HEATING SYSTEM FROM ONE THAT BURNS NUMBER  FOUR  OR
 NUMBER  SIX  FUEL  OIL  TO  ONE THAT BURNS A LESS CARBON-INTENSE FUEL OR
 UTILIZES A RENEWABLE ENERGY SOURCE, IN HIS OR HER  PRINCIPAL  RESIDENCE,
 IF SUCH RESIDENCE IS A SINGLE FAMILY DWELLING LOCATED IN THIS STATE. THE
 AMOUNT OF THE CREDIT SHALL BE EQUAL TO TWO THOUSAND DOLLARS, TOWARDS THE
 TOTAL  COST  OF  DESIGNATING,  PURCHASING  AND INSTALLING SUCH A HEATING
 SYSTEM, WHICH COST SHALL INCLUDE  THE  DECOMMISSIONING  AND  REMOVAL  OF
 EXISTING EQUIPMENT.
 (2) MULTIPLE TAXPAYERS. IF THE PRINCIPAL RESIDENCE IS SHARED BY TWO OR
 MORE TAXPAYERS, THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION
 FOR  EACH  SUCH  ELIGIBLE  TAXPAYER  SHALL  BE PRORATED ACCORDING TO THE
 PERCENTAGE OF THE TOTAL EXPENDITURE FOR SUCH CONVERSION INCURRED BY EACH
 TAXPAYER.
 (3) DEFINITIONS AND GUIDELINES. (A) THE  PRESIDENT  OF  THE  NEW  YORK
 STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY SHALL PROVIDE DEFI
 NITIONS AND GUIDELINES FOR THE ELIGIBILITY OF HEATING SYSTEMS THAT  BURN
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14239-03-2
 
       A. 9192--B                          2
 LESS  CARBON-INTENSE  FUELS  OR  UTILIZE  RENEWABLE  ENERGY  SOURCES, AS
 DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION,  AND  SHALL  SET  MINIMUM
 PERFORMANCE STANDARDS FOR SUCH SYSTEMS, PROVIDED THAT:

 (I)  LESS-CARBON  INTENSE FUEL SHALL INCLUDE, BUT SHALL NOT BE LIMITED
 TO, NUMBER TWO FUEL OIL, BIOFUELS/BIODIESEL BLENDS, REVENUE-GRADE  WASTE
 GAS  FROM  LANDFILLS  AND DIGESTERS AND PROPANE WOODY BIOMASS; PROVIDED,
 HOWEVER, THAT NUMBER FOUR FUEL OIL SHALL NOT QUALIFY  AS  A  LESS-CARBON
 INTENSE FUEL.
 (II)  RENEWABLE ENERGY SOURCES SHALL INCLUDE, BUT SHALL NOT BE LIMITED
 TO, SOLAR THERMAL AND GEOTHERMAL SYSTEMS.
 (B) FOR PURPOSES OF THIS SUBDIVISION, "PRINCIPAL RESIDENCE" MEANS  THE
 RESIDENTIAL  PROPERTY WHERE THE TAXPAYER HAS HIS OR HER TRUE, FIXED, AND
 PERMANENT HOME TO WHICH, WHENEVER ABSENT HE OR SHE INTENDS TO RETURN. IN
 ORDER TO VERIFY A TAXPAYER'S CLAIM THAT A PARTICULAR PROPERTY IS A PRIN
 CIPAL RESIDENCE, THE COMMISSION MAY ACCEPT VARIOUS DOCUMENTS THAT, TAKEN
 TOGETHER, ESTABLISH THAT THE TAXPAYER CLAIMING THE  CREDIT  PROVIDED  BY
 THIS SUBDIVISION OCCUPIES THE PROPERTY AS A PRINCIPAL RESIDENCE, INCLUD
 ING,  BUT  NOT LIMITED TO, THE TAXPAYER'S DRIVER'S LICENSE, VOTER REGIS
 TRATION CARD, CANCELLED CHECKS LISTING THE PROPERTY ADDRESS,  STATEMENTS
 SUCH  AS MEDICAL, BANK OR CHARGE ACCOUNTS OR INCOME TAX RECORDS INDICAT
 ING THE MAILING ADDRESS AND INSURANCE POLICIES.
 (4) APPLICATION FOR CREDIT. SUCH CREDIT SHALL  BE  GRANTED  ONLY  UPON
 APPLICATION  BY  THE ELIGIBLE TAXPAYER OR TAXPAYERS ON A FORM PRESCRIBED
 BY THE NEW YORK STATE ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  AND
 AFTER  INSPECTION  BY  SUCH AUTHORITY, THE RESULTS OF WHICH SHALL BE SET
 FORTH IN A  REPORT  PREPARED  THEREBY.  THE  APPLICATION  SHALL  REQUIRE
 SUBMISSION  OF  DOCUMENTATION  OF THE CONVERSION, INCLUDING INVOICES FOR
 ANY SERVICES USED AND CONTRACTED AND EQUIPMENT INSTALLED  OR  ADDED,  AS
 WELL  AS  ANY  CONTRACTS  WITH  A  HEATING SUPPLIER. THE APPLICATION AND
 INSPECTION REPORT SHALL BE FILED WITH THE TAX COMMISSION  ON  OR  BEFORE
 THE LAST DAY OF THE APPLICABLE TAXABLE YEAR, WHO SHALL APPROVE OR DISAP
 PROVE  SUCH  APPLICATION. A COPY OF SUCH APPLICATION SHALL BE FILED WITH
 THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
 (5) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
 SUCH  YEAR,  THE  EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
 HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
 SHALL BE PAID THEREON.
 

S 2. The real property tax law is amended  by  adding  a  new  section
 421-n to read as follows:

 

S  421-N.  MULTIPLE DWELLING CARBON EMISSIONS REDUCTION TAX ABATEMENT.
 1. ANY OWNER OF A MULTIPLE DWELLING BUILDING WITH AT LEAST  FIVE  UNITS,
 THE  HEATING  SYSTEM  OF  WHICH  HAS  BEEN CONVERTED FROM ONE THAT BURNS
 NUMBER FOUR OR NUMBER SIX FUEL OIL TO ONE THAT BURNS A  LESS  CARBON-IN
 TENSE  FUEL OR UTILIZES A RENEWABLE ENERGY SOURCE ON OR AFTER THE EFFEC
 TIVE DATE OF THIS SECTION SHALL RECEIVE AN ABATEMENT OF  TAXES  ON  SUCH
 REAL  PROPERTY WITH RESPECT TO THE TAXABLE YEAR IN WHICH SUCH CONVERSION
 WAS COMPLETED, EQUALING THE LESSER OF (A)  EIGHTY  PERCENT,  UP  TO  ONE
 HUNDRED  SEVENTY  THOUSAND  DOLLARS,  TOWARDS  THE TOTAL PROJECT COST OF
 DESIGNING, PURCHASING AND INSTALLING SUCH A HEATING SYSTEM,  WHICH  COST
 SHALL  INCLUDE THE DECOMMISSIONING AND REMOVAL OF EXISTING EQUIPMENT, OR
 (B) THE AMOUNT OF TAXES PAYABLE IN SUCH YEAR; PROVIDED THAT THE  GOVERN
 ING  BODY  OF  A  CITY,  VILLAGE,  TOWN OR COUNTY, AFTER PUBLIC HEARING,
 ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
 
       A. 9192--B                          3
 2. THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY SHALL PROVIDE DEFINITIONS AND GUIDELINES FOR  THE  ELIGIBILITY
 OF HEATING SYSTEMS THAT BURN LESS CARBON-INTENSE FUELS OR UTILIZE RENEW
 ABLE  ENERGY  SOURCES,  AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,
 AND  SHALL  SET MINIMUM PERFORMANCE STANDARDS FOR SUCH SYSTEMS, PROVIDED
 THAT:

 (A) LESS-CARBON INTENSE FUEL SHALL INCLUDE, BUT SHALL NOT  BE  LIMITED
 TO,  NUMBER TWO FUEL OIL, BIOFUELS/BIODIESEL BLENDS, REVENUE-GRADE WASTE
 GAS FROM LANDFILLS AND DIGESTERS AND PROPANE  WOODY  BIOMASS;  PROVIDED,
 HOWEVER,  THAT  NUMBER  FOUR FUEL OIL SHALL NOT QUALIFY AS A LESS-CARBON
 INTENSE FUEL.
 (B) RENEWABLE ENERGY SOURCES SHALL INCLUDE, BUT SHALL NOT  BE  LIMITED
 TO, SOLAR THERMAL AND GEOTHERMAL SYSTEMS.
 3.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
 OF SUCH BUILDING ON A FORM PRESCRIBED  BY  THE  NEW  YORK  STATE  ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY AND AFTER INSPECTION BY SUCH AUTHORI
 TY,  THE RESULTS OF WHICH SHALL BE SET FORTH IN A REPORT PREPARED THERE
 BY. THE APPLICATION SHALL REQUIRE SUBMISSION  OF  DOCUMENTATION  OF  THE
 CONVERSION,  INCLUDING INVOICES FOR ANY SERVICES USED AND CONTRACTED AND
 EQUIPMENT INSTALLED OR ADDED, AS WELL AS ANY CONTRACTS  WITH  A  HEATING
 SUPPLIER.  THE APPLICATION AND INSPECTION REPORT SHALL BE FILED WITH THE
 ASSESSOR OF THE APPROPRIATE COUNTY, CITY, TOWN OR VILLAGE ON  OR  BEFORE
 THE  APPROPRIATE  TAXABLE  STATUS  DATE  OF  SUCH  COUNTY, CITY, TOWN OR
 VILLAGE. A COPY OF SUCH APPLICATION SHALL BE FILED  WITH  THE  NEW  YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
 4.  IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU
 ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
 BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
 LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH THE  ASSESSMENT  ROLL
 PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVI
 SION  THREE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED
 PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESS
 MENT ROLL WITH THE TAXABLE PROPERTY, WITH THE AMOUNT  OF  THE  EXEMPTION
 SHOWN IN A SEPARATE COLUMN.
 

S 3. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2013.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!