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

                                  4533

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to amend the public service law and the tax law, in relation to
  establishing an energy efficiency tax credit  for  single  family  and
  multi-family homes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "energy
efficiency and carbon emission reduction tax credit act".
  S  2.  The public service law is amended by adding a new section 73 to
read as follows:
  S 73. COORDINATION WITH CERTAIN PROVISIONS OF THE TAX LAW. THE DEPART-
MENT MAY REQUEST FROM THE DEPARTMENT OF TAXATION AND FINANCE OR THE  NEW
YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  A SUMMARY OF
INSPECTION REPORTS PREPARED BY THE NEW YORK STATE  ENERGY  RESEARCH  AND
DEVELOPMENT  AUTHORITY  IN  ACCORDANCE WITH THE PROVISIONS OF SUBSECTION
(VV) OF SECTION SIX HUNDRED SIX OF  THE  TAX  LAW.  SUCH  SUMMARY  SHALL
INCLUDE  THE  TOTAL NUMBER OF RESIDENCES THAT HAVE BEEN GRANTED A CARBON
EMISSIONS REDUCTION CREDIT, A DESCRIPTION OF THE IMPROVEMENTS  TO  WHICH
THE  CREDIT  RELATES,  AND  AN  INDICATION OF THE AMOUNT BY WHICH CARBON
EMISSIONS ARE TO BE REDUCED AND/OR THE AMOUNT BY  WHICH  FUEL  USAGE  IS
REDUCED.
  S  3. Section 606 of the tax law is amended by adding a new subsection
(vv) to read as follows:
  (VV) CARBON EMISSIONS  REDUCTION  CREDIT.  (1)  ALLOWANCE  OF  CREDIT.
SUBJECT  TO  APPROVAL  BY  THE  DEPARTMENT  PURSUANT  TO THIS SECTION, A
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE FOR COSTS INCURRED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
BY SUCH TAXPAYER WHICH  ARE  DIRECTLY  ASSOCIATED  WITH  INSTALLING  ANY
IMPROVEMENT TO A HEATING OR COOLING SYSTEM WHICH WILL INCREASE EFFICIEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08685-03-3
              

S. 4533                             2

CY  BY AT LEAST TEN PERCENT OR REDUCE FUEL USAGE BY AT LEAST TEN PERCENT
AND LEAD TO A SIGNIFICANT REDUCTION IN CARBON EMISSIONS  AS  DEFINED  BY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY GUIDELINES,
PROVIDED  THAT  SUCH  PROJECT  SHALL HAVE A RETURN ON INVESTMENT OF FIVE
YEARS OR LESS AT MINIMUM.  SUCH IMPROVEMENTS SHALL  INCLUDE,  BUT  SHALL
NOT  BE  LIMITED  TO,  THE  INSTALLATION  OF A HIGH EFFICIENCY BOILER OR
FURNACE, AN IMPROVEMENT TO AND/OR REPLACEMENT OF A BURNER IN  A  BOILER,
THE  INSTALLATION OF ON-SITE RENEWABLE GENERATION, OR ANY OTHER IMPROVE-
MENT TO A HEATING SYSTEM THAT SATISFIES THE CRITERIA SET FORTH  IN  THIS
SUBSECTION. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBSECTION,
FOR  BOILERS THAT ARE REGULATED BY THE NEW YORK CITY DEPARTMENT OF ENVI-
RONMENTAL PROTECTION, THE IMPROVEMENTS MUST RESULT  IN  A  REDUCTION  OF
PARTICULATE  MATTER  THAT  IS  TWO AND ONE-HALF MICRONS OR LESS IN WIDTH
(COMMONLY REFERRED TO AS PM 2.5 EMISSIONS) OF AT LEAST FIFTY PERCENT.
  (2) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL  BE  UP  TO  FIVE
THOUSAND DOLLARS FOR A SINGLE FAMILY HOME AND UP TO TWENTY-FIVE THOUSAND
DOLLARS  FOR  A MULTIPLE FAMILY DWELLING OF AT LEAST FIVE UNITS, TOWARDS
THE TOTAL COST OF DESIGNING, PURCHASING AND INSTALLING  SUCH  A  HEATING
SYSTEM,  WHICH  COST  SHALL  INCLUDE  THE DECOMMISSIONING AND REMOVAL OF
EXISTING EQUIPMENT. IN NO CASE SHALL THE AMOUNT OF THE APPLICABLE CREDIT
EXCEED THE AMOUNT OF THE INVESTMENT IN THE IMPROVEMENT MADE.
  (3) 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.
  (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 DEPARTMENT ON OR BEFORE THE
LAST DAY OF THE APPLICABLE TAXABLE YEAR, WHO SHALL APPROVE OR DISAPPROVE
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.
  (B) FOR PURPOSES OF  THIS  SUBSECTION,  "PRINCIPAL  RESIDENCE"  FOR  A
SINGLE  FAMILY  DWELLING  SHALL  MEAN THE RESIDENTIAL PROPERTY WHERE THE
TAXPAYER HAS HIS OR HER TRUE, FIXED, AND PERMANENT HOME TO WHICH,  WHEN-
EVER ABSENT HE OR SHE INTENDS TO RETURN. IN ORDER TO VERIFY A TAXPAYER'S
CLAIM  THAT  A PARTICULAR PROPERTY IS A PRINCIPAL RESIDENCE, THE DEPART-
MENT MAY ACCEPT VARIOUS DOCUMENTS THAT, TAKEN TOGETHER,  ESTABLISH  THAT
THE  TAXPAYER  CLAIMING  THE CREDIT PROVIDED BY THIS SUBSECTION OCCUPIES
THE PROPERTY AS A PRINCIPAL RESIDENCE, INCLUDING, BUT  NOT  LIMITED  TO,
THE  TAXPAYER'S  DRIVER'S  LICENSE,  VOTER  REGISTRATION CARD, CANCELLED
CHECKS LISTING THE PROPERTY ADDRESS, STATEMENTS SUCH AS MEDICAL, BANK OR
CHARGE ACCOUNTS OR INCOME TAX RECORDS INDICATING THE MAILING ADDRESS AND
INSURANCE POLICIES.

S. 4533                             3

  (C) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
MENT  AUTHORITY  SHALL PROVIDE ADDITIONAL DEFINITIONS AND GUIDELINES FOR
THE ELIGIBILITY OF AN IMPROVEMENT OR PROJECT, WHICH SHALL INCLUDE DEFIN-
ING THE PARAMETERS OF WHAT CONSTITUTES A SIGNIFICANT REDUCTION IN CARBON
EMISSIONS FOR A SINGLE FAMILY OR MULTIPLE FAMILY DWELLING AS WELL AS ANY
AND  ALL  APPLICABLE  STANDARDS,  OTHER  THAN  THOSE  ENUMERATED IN THIS
SUBSECTION.
  S 4. The New York state  energy  research  and  development  authority
shall  make  available  funding  in the amount of $15 million for fiscal
years 2013-2014 and 2014-2015, and $3 million in  each  subsequent  year
until fiscal year 2020-2021.  Funding for the carbon emissions reduction
credit  provided  by subsection (vv) of section 606 of the tax law shall
be provided through funds collected pursuant to proceeds  collected  but
not allocated by the authority from the auction, pursuant to regulations
of such authority, of emission allowances allocated by the department of
environmental  conservation  to  such  authority pursuant to regulations
adopted by such department.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                 4533--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public service law and the tax law, in  relation  to
  establishing  an  energy  efficiency  tax credit for single family and
  multi-family homes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "energy
efficiency and carbon emission reduction tax credit act".
  S 2. The public service law is amended by adding a new section  73  to
read as follows:
  S 73. COORDINATION WITH CERTAIN PROVISIONS OF THE TAX LAW. THE DEPART-
MENT  MAY REQUEST FROM THE DEPARTMENT OF TAXATION AND FINANCE OR THE NEW
YORK STATE ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  A  SUMMARY  OF
INSPECTION  REPORTS  PREPARED  BY THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE  PROVISIONS  OF  SUBSECTION
(WW)  OF  SECTION  SIX  HUNDRED  SIX  OF THE TAX LAW. SUCH SUMMARY SHALL
INCLUDE THE TOTAL NUMBER OF RESIDENCES THAT HAVE BEEN GRANTED  A  CARBON
EMISSIONS  REDUCTION  CREDIT, A DESCRIPTION OF THE IMPROVEMENTS TO WHICH
THE CREDIT RELATES, AND AN INDICATION OF  THE  AMOUNT  BY  WHICH  CARBON
EMISSIONS  ARE  TO  BE  REDUCED AND/OR THE AMOUNT BY WHICH FUEL USAGE IS
REDUCED.
  S 3. Section 606 of the tax law is amended by adding a new  subsection
(ww) to read as follows:
  (WW)  CARBON  EMISSIONS  REDUCTION  CREDIT.  (1)  ALLOWANCE OF CREDIT.
SUBJECT TO APPROVAL BY  THE  DEPARTMENT  PURSUANT  TO  THIS  SECTION,  A
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE FOR COSTS INCURRED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
BY  SUCH  TAXPAYER  WHICH  ARE  DIRECTLY  ASSOCIATED WITH INSTALLING ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08685-05-3
              

S. 4533--A                          2

IMPROVEMENT TO A HEATING OR COOLING SYSTEM WHICH WILL INCREASE EFFICIEN-
CY BY AT LEAST TEN PERCENT OR REDUCE FUEL USAGE BY AT LEAST TEN  PERCENT
AND  LEAD  TO  A SIGNIFICANT REDUCTION IN CARBON EMISSIONS AS DEFINED BY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY GUIDELINES,
PROVIDED  THAT  SUCH  PROJECT  SHALL HAVE A RETURN ON INVESTMENT OF FIVE
YEARS OR LESS AT MINIMUM.  SUCH IMPROVEMENTS SHALL  INCLUDE,  BUT  SHALL
NOT  BE  LIMITED  TO,  THE  INSTALLATION  OF A HIGH EFFICIENCY BOILER OR
FURNACE, AN IMPROVEMENT TO AND/OR REPLACEMENT OF A BURNER IN  A  BOILER,
THE  INSTALLATION OF ON-SITE RENEWABLE GENERATION, OR ANY OTHER IMPROVE-
MENT TO A HEATING SYSTEM THAT SATISFIES THE CRITERIA SET FORTH  IN  THIS
SUBSECTION. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBSECTION,
FOR  BOILERS THAT ARE REGULATED BY THE NEW YORK CITY DEPARTMENT OF ENVI-
RONMENTAL PROTECTION, THE IMPROVEMENTS MUST RESULT  IN  A  REDUCTION  OF
PARTICULATE  MATTER  THAT  IS  TWO AND ONE-HALF MICRONS OR LESS IN WIDTH
(COMMONLY REFERRED TO AS PM 2.5 EMISSIONS) OF AT LEAST FIFTY PERCENT.
  (2) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL  BE  UP  TO  FIVE
THOUSAND DOLLARS FOR A SINGLE FAMILY HOME AND UP TO TWENTY-FIVE THOUSAND
DOLLARS  FOR  A MULTIPLE FAMILY DWELLING OF AT LEAST FIVE UNITS, TOWARDS
THE TOTAL COST OF DESIGNING, PURCHASING AND INSTALLING  SUCH  A  HEATING
SYSTEM,  WHICH  COST  SHALL  INCLUDE  THE DECOMMISSIONING AND REMOVAL OF
EXISTING EQUIPMENT. IN NO CASE SHALL THE AMOUNT OF THE APPLICABLE CREDIT
EXCEED THE AMOUNT OF THE INVESTMENT IN THE IMPROVEMENT MADE.
  (3) 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.
  (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 DEPARTMENT ON OR BEFORE THE
LAST DAY OF THE APPLICABLE TAXABLE YEAR, WHO SHALL APPROVE OR DISAPPROVE
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.
  (B) FOR PURPOSES OF  THIS  SUBSECTION,  "PRINCIPAL  RESIDENCE"  FOR  A
SINGLE  FAMILY  DWELLING  SHALL  MEAN THE RESIDENTIAL PROPERTY WHERE THE
TAXPAYER HAS HIS OR HER TRUE, FIXED, AND PERMANENT HOME TO WHICH,  WHEN-
EVER ABSENT HE OR SHE INTENDS TO RETURN. IN ORDER TO VERIFY A TAXPAYER'S
CLAIM  THAT  A PARTICULAR PROPERTY IS A PRINCIPAL RESIDENCE, THE DEPART-
MENT MAY ACCEPT VARIOUS DOCUMENTS THAT, TAKEN TOGETHER,  ESTABLISH  THAT
THE  TAXPAYER  CLAIMING  THE CREDIT PROVIDED BY THIS SUBSECTION OCCUPIES
THE PROPERTY AS A PRINCIPAL RESIDENCE, INCLUDING, BUT  NOT  LIMITED  TO,
THE  TAXPAYER'S  DRIVER'S  LICENSE,  VOTER  REGISTRATION CARD, CANCELLED
CHECKS LISTING THE PROPERTY ADDRESS, STATEMENTS SUCH AS MEDICAL, BANK OR

S. 4533--A                          3

CHARGE ACCOUNTS OR INCOME TAX RECORDS INDICATING THE MAILING ADDRESS AND
INSURANCE POLICIES.
  (C)  THE  PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY SHALL PROVIDE ADDITIONAL DEFINITIONS AND  GUIDELINES  FOR
THE ELIGIBILITY OF AN IMPROVEMENT OR PROJECT, WHICH SHALL INCLUDE DEFIN-
ING THE PARAMETERS OF WHAT CONSTITUTES A SIGNIFICANT REDUCTION IN CARBON
EMISSIONS FOR A SINGLE FAMILY OR MULTIPLE FAMILY DWELLING AS WELL AS ANY
AND  ALL  APPLICABLE  STANDARDS,  OTHER  THAN  THOSE  ENUMERATED IN THIS
SUBSECTION.
  S 4. The New York state  energy  research  and  development  authority
shall  make  available  funding  in the amount of $15 million for fiscal
years 2013-2014 and 2014-2015, and $3 million in  each  subsequent  year
until fiscal year 2020-2021.  Funding for the carbon emissions reduction
credit  provided  by subsection (ww) of section 606 of the tax law shall
be provided through funds collected pursuant to proceeds  collected  but
not allocated by the authority from the auction, pursuant to regulations
of such authority, of emission allowances allocated by the department of
environmental  conservation  to  such  authority pursuant to regulations
adopted by such department.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                 4533--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, DeFRANCISCO, FELDER, RANZENHOFER, SAMPSON
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on  Energy   and   Telecommunications   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public service law and the tax law, in  relation  to
  establishing  an  energy  efficiency  tax credit for single family and
  multi-family homes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "energy
efficiency and carbon emission reduction tax credit act".
  S 2. The public service law is amended by adding a new section  73  to
read as follows:
  S 73. COORDINATION WITH CERTAIN PROVISIONS OF THE TAX LAW. THE DEPART-
MENT  MAY REQUEST FROM THE DEPARTMENT OF TAXATION AND FINANCE OR THE NEW
YORK STATE ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  A  SUMMARY  OF
INSPECTION  REPORTS  PREPARED  BY THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE  PROVISIONS  OF  SUBSECTION
(WW)  OF  SECTION  SIX  HUNDRED  SIX  OF THE TAX LAW. SUCH SUMMARY SHALL
INCLUDE THE TOTAL NUMBER OF RESIDENCES THAT HAVE BEEN GRANTED  A  CARBON
EMISSIONS  REDUCTION  CREDIT, A DESCRIPTION OF THE IMPROVEMENTS TO WHICH
THE CREDIT RELATES, AND AN INDICATION OF  THE  AMOUNT  BY  WHICH  CARBON
EMISSIONS  ARE  TO  BE  REDUCED AND/OR THE AMOUNT BY WHICH FUEL USAGE IS
REDUCED.
  S 3. Section 606 of the tax law is amended by adding a new  subsection
(ww) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08685-06-3

              

S. 4533--B                          2

  (WW)  CARBON  EMISSIONS  REDUCTION  CREDIT.  (1)  ALLOWANCE OF CREDIT.
SUBJECT TO APPROVAL BY  THE  DEPARTMENT  PURSUANT  TO  THIS  SECTION,  A
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE FOR COSTS INCURRED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
BY  SUCH  TAXPAYER  WHICH  ARE  DIRECTLY  ASSOCIATED WITH INSTALLING ANY
IMPROVEMENT TO A HEATING OR COOLING SYSTEM WHICH WILL INCREASE EFFICIEN-
CY BY AT LEAST TEN PERCENT OR REDUCE FUEL USAGE BY AT LEAST TEN  PERCENT
AND  LEAD  TO  A SIGNIFICANT REDUCTION IN CARBON EMISSIONS AS DEFINED BY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY GUIDELINES,
PROVIDED THAT SUCH PROJECT SHALL HAVE A RETURN  ON  INVESTMENT  OF  FIVE
YEARS  OR  LESS AT MINIMUM.   SUCH IMPROVEMENTS SHALL INCLUDE, BUT SHALL
NOT BE LIMITED TO, THE INSTALLATION  OF  A  HIGH  EFFICIENCY  BOILER  OR
FURNACE,  AN  IMPROVEMENT TO AND/OR REPLACEMENT OF A BURNER IN A BOILER,
THE INSTALLATION OF ON-SITE RENEWABLE GENERATION, A FUEL CATALYST SYSTEM
AS DEFINED IN THIS SUBSECTION, OR ANY OTHER  IMPROVEMENT  TO  A  HEATING
SYSTEM  THAT  SATISFIES  THE  CRITERIA  SET  FORTH  IN  THIS SUBSECTION.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBSECTION, FOR BOILERS
THAT ARE REGULATED BY THE NEW  YORK  CITY  DEPARTMENT  OF  ENVIRONMENTAL
PROTECTION,  THE  IMPROVEMENTS MUST RESULT IN A REDUCTION OF PARTICULATE
MATTER THAT IS TWO AND ONE-HALF  MICRONS  OR  LESS  IN  WIDTH  (COMMONLY
REFERRED TO AS PM 2.5 EMISSIONS) OF AT LEAST FIFTY PERCENT.
  (2)  AMOUNT  OF  CREDIT.  THE AMOUNT OF THE CREDIT SHALL BE UP TO FIVE
THOUSAND DOLLARS FOR A SINGLE FAMILY HOME AND UP TO TWENTY-FIVE THOUSAND
DOLLARS FOR A MULTIPLE FAMILY DWELLING OF AT LEAST FIVE  UNITS,  TOWARDS
THE  TOTAL  COST  OF DESIGNING, PURCHASING AND INSTALLING SUCH A HEATING
SYSTEM, WHICH COST SHALL INCLUDE  THE  DECOMMISSIONING  AND  REMOVAL  OF
EXISTING EQUIPMENT. IN NO CASE SHALL THE AMOUNT OF THE APPLICABLE CREDIT
EXCEED THE AMOUNT OF THE INVESTMENT IN THE IMPROVEMENT MADE.
  (3) 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.
  (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 DEPARTMENT ON  OR  BEFORE  THE
LAST DAY OF THE APPLICABLE TAXABLE YEAR, WHO SHALL APPROVE OR DISAPPROVE
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.
  (A)  FOR  PURPOSES  OF  THIS  SUBSECTION,  "PRINCIPAL RESIDENCE" FOR A
SINGLE FAMILY DWELLING SHALL MEAN THE  RESIDENTIAL  PROPERTY  WHERE  THE
TAXPAYER  HAS HIS OR HER TRUE, FIXED, AND PERMANENT HOME TO WHICH, WHEN-
EVER ABSENT HE OR SHE INTENDS TO RETURN.

S. 4533--B                          3

  (B) "FUEL CATALYST SYSTEM" SHALL MEAN ANY HETEROGENEOUS METALLIC ALLOY
CATALYST OR "HMAC" COMPONENT THAT WHEN APPLIED TO A  FURNACE  OR  BOILER
UTILIZING  NUMBER  2  OIL  LEADS  TO  REDUCED FUEL USAGE OF AT LEAST TEN
PERCENT, A SUBSTANTIAL REDUCTION IN CARBON EMISSIONS OR AN  INCREASE  IN
OVERALL  EFFICIENCY  OF AT LEAST TEN PERCENT WITH A RETURN ON INVESTMENT
OF FIVE YEARS OR UNDER.
  (C) IN ORDER TO VERIFY A TAXPAYER'S CLAIM THAT A  PARTICULAR  PROPERTY
IS  A  PRINCIPAL  RESIDENCE, THE DEPARTMENT MAY ACCEPT VARIOUS DOCUMENTS
THAT, TAKEN TOGETHER, ESTABLISH THAT THE TAXPAYER  CLAIMING  THE  CREDIT
PROVIDED  BY  THIS SUBSECTION OCCUPIES THE PROPERTY AS A PRINCIPAL RESI-
DENCE, INCLUDING, BUT NOT LIMITED TO, THE TAXPAYER'S  DRIVER'S  LICENSE,
VOTER  REGISTRATION CARD, CANCELLED CHECKS LISTING THE PROPERTY ADDRESS,
STATEMENTS SUCH AS MEDICAL,  BANK  OR  CHARGE  ACCOUNTS  OR  INCOME  TAX
RECORDS INDICATING THE MAILING ADDRESS AND INSURANCE POLICIES.
  (D)  THE  PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY SHALL PROVIDE ADDITIONAL DEFINITIONS AND  GUIDELINES  FOR
THE ELIGIBILITY OF AN IMPROVEMENT OR PROJECT, WHICH SHALL INCLUDE DEFIN-
ING THE PARAMETERS OF WHAT CONSTITUTES A SIGNIFICANT REDUCTION IN CARBON
EMISSIONS FOR A SINGLE FAMILY OR MULTIPLE FAMILY DWELLING AS WELL AS ANY
AND  ALL  APPLICABLE  STANDARDS,  OTHER  THAN  THOSE  ENUMERATED IN THIS
SUBSECTION.
  S 4. The New York state  energy  research  and  development  authority
shall  make  available  funding  in the amount of $15 million for fiscal
years 2013-2014 and 2014-2015, and $3 million in  each  subsequent  year
until fiscal year 2020-2021.  Funding for the carbon emissions reduction
credit  provided  by  subsection  (ww) of section 606 of the tax law, as
added by section three of this act,  shall  be  provided  through  funds
collected  pursuant  to  proceeds  collected  but  not  allocated by the
authority from the auction, pursuant to regulations of  such  authority,
of  emission  allowances  allocated  by  the department of environmental
conservation to such authority pursuant to regulations adopted  by  such
department.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                 4533--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 8, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, DeFRANCISCO, FELDER, RANZENHOFER, SAMPSON
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on  Energy   and   Telecommunications   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- 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 commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to require the public service commission and the New York state
  energy research and development authority to ensure funds  are  avail-
  able to fund programs assisting building owners with installing energy
  efficient improvements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service commission and the New York state energy
research and development authority  shall  ensure  that  not  less  than
fifteen  million  dollars  is made available for the purposes of funding
programs to assist residential and  multi-family  building  owners  with
installing  improvements to heating and cooling systems with an emphasis
on emissions reductions and increased efficiency.  Heating  and  cooling
improvement  programs  established  pursuant  to  this  section shall be
designed to increase efficiency by at least ten percent or  reduce  fuel
usage  by  at  least  ten percent and lead to a significant reduction in
carbon emissions as defined by the authority guidelines, developed after
consultation with the department of environmental conservation, provided
that such projects shall have a return on investment of  five  years  or
less.  Such improvements shall include, but shall not be limited to fuel

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08685-13-4
              

S. 4533--D                          2

oil  to natural gas conversions or conversions to heating oil number two
from heating oil number six or heating  oil  number  four,  through  the
installation  of  a high efficiency boiler or furnace, an improvement to
and/or  replacement of a burner in a boiler, or connecting to a district
energy system as defined in this section. For purposes of  this  act,  a
district  energy  system  connection  shall  mean  facilities furnished,
installed and maintained by a district energy customer required for  the
utilization  of  district service including, but not limited to, service
stop valves, meter stop valves, primary and secondary  service  pressure
reducing  valves,  meter  supports  and  all piping between the point of
service termination and the customer's utilization  equipment,  and  any
other  improvement  to  a heating system that satisfies the criteria set
forth in this section. Notwithstanding the foregoing provisions of  this
section,  for boilers that are regulated by the New York city department
of environmental protection, the improvements must result in  a  signif-
icant  reduction  of particulate matter that is two and one-half microns
or less in width (commonly referred to as PM 2.5 emissions) of at  least
fifty percent.
  S  2.  The  funding stream made available for programs as described in
section one of this act may consist of monies derived  from  assessments
on transmission and distribution companies under direct oversight of the
commission  collected  on  or after July 1, 2006 and monies collected by
auctions administered under the regional greenhouse  gas  initiative  or
any other monies administered by the authority that may be available for
such purpose.
  S  3. The president of the New York state energy research and develop-
ment authority shall provide additional definitions and  guidelines  for
the eligibility of an improvement or project, which shall include defin-
ing the parameters of what constitutes a significant reduction in carbon
emissions for a single family or multiple family dwelling as well as any
and all applicable standards, other than those enumerated in this act.
  S 4. This act shall take effect immediately.