Exempts low-emission and energy efficient vehicles from retail sales and compensating use taxes.

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S1054-2011 Actions

• Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
• Feb 8, 2011: REPORTED AND COMMITTED TO FINANCE
• Jan 5, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S1054-2011 Meetings

Energy and Telecommunications: Feb 8, 2011

S1054-2011 Votes

S1054-2011 Memo

BILL NUMBER:S1054

TITLE OF BILL:
An act
to amend the tax law, in relation to exempting low-emission and energy
efficient vehicles from retail sales and compensating use taxes; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill provides an incentive in
the State of New York for individuals and commercial entities to
purchase vehicles identified by the United States Environmental
Protection Agency as clean and energy efficient.

SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends the Tax Law to
exempt receipts from the retail sale or use of low-emission and
energy-efficient vehicles from sales and compensating use taxes
imposed in or by the State of New York.

JUSTIFICATION:
This bill would provide an incentive for residents of
New York State to purchase cleaner, more efficient vehicles. This
bill would encourage individuals and commercial entities to purchase
hybrid vehicles by making them exempt from the 4% sales and
compensating use taxes set forth by the state. About 33% of U.S carbon
dioxide emissions comes from the burning of gasoline in
internal-combustion engines of cars and light trucks. For each gallon
of gas a vehicle consumes, 19.6 pounds of carbon dioxide are emitted
into the air. This exemption would be in place for five years. This
legislation would be a great step in achieving better air quality in
New York State as well as a reduction in the use of gasoline because
hybrid vehicles get better mileage per gallon of gasoline.

PRIOR LEGISLATIVE HISTORY:
2009-10:  S.1783A/A.4022A - Finance
2008-09:  S.7547

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first day of the
sales tax quarter that begins at least 90 days after the day on which
it shall have become a law and shall expire and be deemed repealed
December 31, 2016.

S1054-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1054

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sens. PARKER, BONACIC, PERKINS -- read twice and ordered
    printed, and when printed to be committed to the Committee  on  Energy
    and Telecommunications

  AN  ACT  to amend the tax law, in relation to exempting low-emission and
    energy efficient vehicles  from  retail  sales  and  compensating  use
    taxes; 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:


    Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
  by adding a new paragraph 44 to read as follows:

    (44)  LOW-EMISSION AND ENERGY EFFICIENT VEHICLES. FOR PURPOSES OF THIS
  PARAGRAPH, A "LOW-EMISSION AND ENERGY EFFICIENT VEHICLE"  SHALL  MEAN  A
  VEHICLE  CERTIFIED  BY  THE  ADMINISTRATOR OF THE UNITED STATES ENVIRON-
  MENTAL PROTECTION AGENCY PURSUANT TO  23  U.S.C.  S  166(F)(3).  IF  THE
  ADMINISTRATOR  OF  THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS
  NOT SO CERTIFIED ANY VEHICLE AS  A  LOW-EMISSION  AND  ENERGY  EFFICIENT
  VEHICLE, THEN, UNTIL SUCH CERTIFICATION OCCURS, "LOW-EMISSION AND ENERGY
  EFFICIENT  VEHICLE"  SHALL  MEAN  ANY  VEHICLE  THAT HAS ACHIEVED AN AIR
  POLLUTION SCORE OF NINE OR BETTER AND A GREENHOUSE GAS SCORE OF NINE  OR
  BETTER  ON THE GREEN VEHICLE GUIDE MAINTAINED BY THE UNITED STATES ENVI-
  RONMENTAL PROTECTION AGENCY. THE DEPARTMENT SHALL POST ON ITS WEB SITE A
  LIST OF LOW-EMISSION AND ENERGY EFFICIENT VEHICLES  BY  MAKE  AND  MODEL
  YEAR  AND  SUCH  OTHER  SPECIFICATIONS AS MAY BE NECESSARY TO IDENTIFY A
  LOW-EMISSION AND ENERGY EFFICIENT VEHICLE, AND SHALL UPDATE SUCH LIST AS
  NECESSARY TO PROVIDE A COMPLETE LIST OF LOW-EMISSION  AND  ENERGY  EFFI-
  CIENT VEHICLES.
    S  2.  This  act  shall  take effect on the first day of the sales tax
  quarter that begins at least ninety days after the day on which it shall
  have become a law and shall expire and be deemed repealed  December  31,
  2016.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02115-01-1