S T A T E O F N E W Y O R K
________________________________________________________________________
9192--C
I N A S S E M B L Y
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
-- again reported from said committee with amendments, 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:
1 Section 1. Section 606 of the tax law is amended by adding a new
2 subsection (uu) to read as follows:
3 (UU) CARBON EMISSIONS REDUCTION CREDIT. (1) ALLOWANCE OF CREDIT.
4 SUBJECT TO APPROVAL BY THE COMMISSION PURSUANT TO PARAGRAPH FOUR OF THIS
5 SUBSECTION, A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
6 BY THIS ARTICLE FOR COSTS INCURRED ON OR AFTER THE EFFECTIVE DATE OF
7 THIS SUBSECTION BY SUCH TAXPAYER, WHICH ARE DIRECTLY ASSOCIATED WITH THE
8 CONVERSION OF A HOME HEATING SYSTEM FROM ONE THAT BURNS NUMBER FOUR OR
9 NUMBER SIX FUEL OIL TO ONE THAT BURNS A LESS CARBON-INTENSE FUEL OR
10 UTILIZES A RENEWABLE ENERGY SOURCE, IN HIS OR HER PRINCIPAL RESIDENCE,
11 IF SUCH RESIDENCE IS A SINGLE FAMILY DWELLING LOCATED IN THIS STATE. THE
12 AMOUNT OF THE CREDIT SHALL BE EQUAL TO TWO THOUSAND DOLLARS, TOWARDS THE
13 TOTAL COST OF DESIGNATING, PURCHASING AND INSTALLING SUCH A HEATING
14 SYSTEM, WHICH COST SHALL INCLUDE THE DECOMMISSIONING AND REMOVAL OF
15 EXISTING EQUIPMENT.
16 (2) MULTIPLE TAXPAYERS. IF THE PRINCIPAL RESIDENCE IS SHARED BY TWO OR
17 MORE TAXPAYERS, THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION
18 FOR EACH SUCH ELIGIBLE TAXPAYER SHALL BE PRORATED ACCORDING TO THE
19 PERCENTAGE OF THE TOTAL EXPENDITURE FOR SUCH CONVERSION INCURRED BY EACH
20 TAXPAYER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14239-06-2
A. 9192--C 2
1 (3) DEFINITIONS AND GUIDELINES. (A) THE PRESIDENT OF THE NEW YORK
2 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL PROVIDE DEFI-
3 NITIONS AND GUIDELINES FOR THE ELIGIBILITY OF HEATING SYSTEMS THAT BURN
4 LESS CARBON-INTENSE FUELS OR UTILIZE RENEWABLE ENERGY SOURCES, AS
5 DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION, AND SHALL SET MINIMUM
6 PERFORMANCE STANDARDS FOR SUCH SYSTEMS, PROVIDED THAT:
7 (I) LESS-CARBON INTENSE FUEL SHALL INCLUDE ONLY NUMBER TWO FUEL OIL,
8 BIOFUELS/BIODIESEL BLENDS, REVENUE-GRADE WASTE GAS FROM LANDFILLS AND
9 DIGESTERS AND PROPANE WOODY BIOMASS; PROVIDED, HOWEVER, THAT NUMBER FOUR
10 FUEL OIL SHALL NOT QUALIFY AS A LESS-CARBON INTENSE FUEL.
11 (II) RENEWABLE ENERGY SOURCES SHALL INCLUDE, BUT SHALL NOT BE LIMITED
12 TO, SOLAR THERMAL AND GEOTHERMAL SYSTEMS.
13 (B) FOR PURPOSES OF THIS SUBDIVISION, "PRINCIPAL RESIDENCE" MEANS THE
14 RESIDENTIAL PROPERTY WHERE THE TAXPAYER HAS HIS OR HER TRUE, FIXED, AND
15 PERMANENT HOME TO WHICH, WHENEVER ABSENT HE OR SHE INTENDS TO RETURN. IN
16 ORDER TO VERIFY A TAXPAYER'S CLAIM THAT A PARTICULAR PROPERTY IS A PRIN-
17 CIPAL RESIDENCE, THE COMMISSION MAY ACCEPT VARIOUS DOCUMENTS THAT, TAKEN
18 TOGETHER, ESTABLISH THAT THE TAXPAYER CLAIMING THE CREDIT PROVIDED BY
19 THIS SUBDIVISION OCCUPIES THE PROPERTY AS A PRINCIPAL RESIDENCE, INCLUD-
20 ING, BUT NOT LIMITED TO, THE TAXPAYER'S DRIVER'S LICENSE, VOTER REGIS-
21 TRATION CARD, CANCELLED CHECKS LISTING THE PROPERTY ADDRESS, STATEMENTS
22 SUCH AS MEDICAL, BANK OR CHARGE ACCOUNTS OR INCOME TAX RECORDS INDICAT-
23 ING THE MAILING ADDRESS AND INSURANCE POLICIES.
24 (4) APPLICATION FOR CREDIT. SUCH CREDIT SHALL BE GRANTED ONLY UPON
25 APPLICATION BY THE ELIGIBLE TAXPAYER OR TAXPAYERS ON A FORM PRESCRIBED
26 BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND
27 AFTER INSPECTION BY SUCH AUTHORITY, THE RESULTS OF WHICH SHALL BE SET
28 FORTH IN A REPORT PREPARED THEREBY. THE APPLICATION SHALL REQUIRE
29 SUBMISSION OF DOCUMENTATION OF THE CONVERSION, INCLUDING INVOICES FOR
30 ANY SERVICES USED AND CONTRACTED AND EQUIPMENT INSTALLED OR ADDED, AS
31 WELL AS ANY CONTRACTS WITH A HEATING SUPPLIER. THE APPLICATION AND
32 INSPECTION REPORT SHALL BE FILED WITH THE TAX COMMISSION ON OR BEFORE
33 THE LAST DAY OF THE APPLICABLE TAXABLE YEAR, WHO SHALL APPROVE OR DISAP-
34 PROVE SUCH APPLICATION. A COPY OF SUCH APPLICATION SHALL BE FILED WITH
35 THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
36 (5) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
37 THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
38 SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
39 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
40 HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
41 SHALL BE PAID THEREON.
42 S 2. The real property tax law is amended by adding a new section
43 421-n to read as follows:
44 S 421-N. MULTIPLE DWELLING CARBON EMISSIONS REDUCTION TAX ABATEMENT.
45 1. ANY OWNER OF A MULTIPLE DWELLING BUILDING WITH AT LEAST FIVE UNITS,
46 THE HEATING SYSTEM OF WHICH HAS BEEN CONVERTED FROM ONE THAT BURNS
47 NUMBER FOUR OR NUMBER SIX FUEL OIL TO ONE THAT BURNS A LESS CARBON-IN-
48 TENSE FUEL OR UTILIZES A RENEWABLE ENERGY SOURCE ON OR AFTER THE EFFEC-
49 TIVE DATE OF THIS SECTION SHALL RECEIVE AN ABATEMENT OF TAXES ON SUCH
50 REAL PROPERTY WITH RESPECT TO THE TAXABLE YEAR IN WHICH SUCH CONVERSION
51 WAS COMPLETED, EQUALING THE LESSER OF (A) EIGHTY PERCENT, UP TO ONE
52 HUNDRED SEVENTY THOUSAND DOLLARS, TOWARDS THE TOTAL PROJECT COST OF
53 DESIGNING, PURCHASING AND INSTALLING SUCH A HEATING SYSTEM, WHICH COST
54 SHALL INCLUDE THE DECOMMISSIONING AND REMOVAL OF EXISTING EQUIPMENT, OR
55 (B) THE AMOUNT OF TAXES PAYABLE IN SUCH YEAR; PROVIDED THAT THE GOVERN-
A. 9192--C 3
1 ING BODY OF A CITY, VILLAGE, TOWN OR COUNTY, AFTER PUBLIC HEARING,
2 ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
3 2. THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
4 AUTHORITY SHALL PROVIDE DEFINITIONS AND GUIDELINES FOR THE ELIGIBILITY
5 OF HEATING SYSTEMS THAT BURN LESS CARBON-INTENSE FUELS OR UTILIZE RENEW-
6 ABLE ENERGY SOURCES, AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,
7 AND SHALL SET MINIMUM PERFORMANCE STANDARDS FOR SUCH SYSTEMS, PROVIDED
8 THAT:
9 (A) LESS-CARBON INTENSE FUEL SHALL INCLUDE ONLY NUMBER TWO FUEL OIL,
10 BIOFUELS/BIODIESEL BLENDS, REVENUE-GRADE WASTE GAS FROM LANDFILLS AND
11 DIGESTERS AND PROPANE WOODY BIOMASS; PROVIDED, HOWEVER, THAT NUMBER FOUR
12 FUEL OIL SHALL NOT QUALIFY AS A LESS-CARBON INTENSE FUEL.
13 (B) RENEWABLE ENERGY SOURCES SHALL INCLUDE, BUT SHALL NOT BE LIMITED
14 TO, SOLAR THERMAL AND GEOTHERMAL SYSTEMS.
15 3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
16 OF SUCH BUILDING ON A FORM PRESCRIBED BY THE NEW YORK STATE ENERGY
17 RESEARCH AND DEVELOPMENT AUTHORITY AND AFTER INSPECTION BY SUCH AUTHORI-
18 TY, THE RESULTS OF WHICH SHALL BE SET FORTH IN A REPORT PREPARED THERE-
19 BY. THE APPLICATION SHALL REQUIRE SUBMISSION OF DOCUMENTATION OF THE
20 CONVERSION, INCLUDING INVOICES FOR ANY SERVICES USED AND CONTRACTED AND
21 EQUIPMENT INSTALLED OR ADDED, AS WELL AS ANY CONTRACTS WITH A HEATING
22 SUPPLIER. THE APPLICATION AND INSPECTION REPORT SHALL BE FILED WITH THE
23 ASSESSOR OF THE APPROPRIATE COUNTY, CITY, TOWN OR VILLAGE ON OR BEFORE
24 THE APPROPRIATE TAXABLE STATUS DATE OF SUCH COUNTY, CITY, TOWN OR
25 VILLAGE. A COPY OF SUCH APPLICATION SHALL BE FILED WITH THE NEW YORK
26 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
27 4. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
28 ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
29 BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
30 LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH THE ASSESSMENT ROLL
31 PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVI-
32 SION THREE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED
33 PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESS-
34 MENT ROLL WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION
35 SHOWN IN A SEPARATE COLUMN.
36 S 3. This act shall take effect immediately and shall apply to taxable
37 years beginning on and after January 1, 2013.