Bill Text: NY S08788 | 2021-2022 | General Assembly | Introduced

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Bill Title: Expands the solar energy system equipment tax credit to cover solar energy system equipment installed in a community solar array; defines "community solar array" to mean a location other than a person's principal residence where solar energy system equipment is owned and installed for use in such person's principal residence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-18 - REFERRED TO BUDGET AND REVENUE [S08788 Detail]

Download: New_York-2021-S08788-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8788

                    IN SENATE

                                     April 18, 2022
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Budget and Revenue

        AN ACT to amend the tax law, in relation to expanding the  solar  energy
          system  equipment  tax  credit  to cover solar energy system equipment
          installed in a community solar array

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs  3 and 4 of subsection (g-1) of section 606 of
     2  the tax law, paragraph 3 as amended by chapter 128 of the laws  of  2007
     3  and  paragraph  4  as  amended  by  chapter 378 of the laws of 2005, are
     4  amended to read as follows:
     5    (3) Solar energy system  equipment.  The  term  "solar  energy  system
     6  equipment"  shall  mean  an  arrangement  or  combination  of components
     7  utilizing solar radiation, which, when installed in a residence or in  a
     8  community  solar  array,  produces  energy  designed to provide heating,
     9  cooling, hot water or electricity for use in such residence or  for  use
    10  in a residence connected to a community solar array. Such arrangement or
    11  components  shall not include equipment connected to solar energy system
    12  equipment that is a component of part or parts  of  a  non-solar  energy
    13  system or which uses any sort of recreational facility or equipment as a
    14  storage medium. Solar energy system equipment that generates electricity
    15  for use in a residence must conform to applicable requirements set forth
    16  in  section  sixty-six-j  of  the public service law. Provided, however,
    17  where solar energy system equipment is  purchased  and  installed  by  a
    18  condominium management association or a cooperative housing corporation,
    19  for  purposes  of this subsection only, the term "ten kilowatts" in such
    20  section sixty-six-j shall  be  read  as  "fifty  kilowatts."    For  the
    21  purposes  of  this  subsection,  "community  solar  array"  shall mean a
    22  location other than a person's principal residence  where  solar  energy
    23  system equipment is owned and installed for use in such person's princi-
    24  pal residence.
    25    (4)  Multiple  taxpayers.  Where  solar  energy  system  equipment  is
    26  purchased and installed in a principal residence shared by two  or  more
    27  taxpayers or in a community solar array, the amount of the credit allow-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14157-02-2
        S. 8788                             2

     1  able  under  this  subsection  for  each such taxpayer shall be prorated
     2  according to the percentage of the  total  expenditure  for  such  solar
     3  energy system equipment contributed by each taxpayer.
     4    § 2. This act shall take effect immediately and shall apply to taxable
     5  years commencing on and after January 1, 2022.