Bill Text: NY A05290 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for exemptions from sales tax for energy-star qualified appliances and grants municipalities the option to provide such exemption.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A05290 Detail]
Download: New_York-2017-A05290-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5290 2017-2018 Regular Sessions IN ASSEMBLY February 7, 2017 ___________ Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. PERRY -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to exempting energy-star appli- ances from state sales and compensating use taxes and granting munici- palities the option to provide such exemption; 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: 1 Section 1. Subdivision (a) of section 1115 of the tax law is amended 2 by adding a new paragraph 44 to read as follows: 3 (44) Retail sales of the following products, provided that the product 4 qualifies as an energy-star product pursuant to the United States envi- 5 ronmental protection agency energy-star program, shall be exempt from 6 the sales tax provisions of section eleven hundred five of this article: 7 clothes washer, dishwasher, refrigerator, room air conditioner, ceiling 8 fan, dehumidifier, freezer, programmable thermostat, and ventilating 9 fan. The exemption provided for in this subdivision shall not apply to 10 the rental, leasing, repair or servicing of such energy-star products. 11 § 2. Subparagraph (ii) of paragraph 1 of subdivision (a) of section 12 1210 of the tax law, as amended by section 2 of part WW of chapter 60 of 13 the laws of 2016, is amended to read as follows: 14 (ii) Any local law, ordinance or resolution enacted by any city, coun- 15 ty or school district, imposing the taxes authorized by this subdivi- 16 sion, shall omit the residential solar energy systems equipment and 17 electricity exemption provided for in subdivision (ee), the commercial 18 solar energy systems equipment and electricity exemption provided for in 19 subdivision (ii) as amended by section two of part Z of chapter fifty- 20 nine of the laws of two thousand fifteen, the commercial fuel cell elec- 21 tricity generating systems equipment and electricity generated by such 22 equipment exemption provided for in subdivision (kk) and the clothing 23 and footwear exemption provided for in paragraph thirty of subdivision EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01507-03-7A. 5290 2 1 (a) of section eleven hundred fifteen of this chapter, and the energy- 2 star product exemption provided for in paragraph forty-four of subdivi- 3 sion (a) of section eleven hundred fifteen of this chapter unless such 4 city, county or school district elects otherwise as to such residential 5 solar energy systems equipment and electricity exemption, such commer- 6 cial solar energy systems equipment and electricity exemption, commer- 7 cial fuel cell electricity generating systems equipment and electricity 8 generated by such equipment exemption or such clothing and footwear 9 exemption or such energy-star product exemption. 10 § 3. Section 1210 of the tax law is amended by adding a new subdivi- 11 sion (q) to read as follows: 12 (q) Notwithstanding any other provision of state or local law, ordi- 13 nance or resolution to the contrary: 14 (1) Any city having a population of one million or more in which the 15 taxes imposed by section eleven hundred seven of this chapter are in 16 effect, acting through its local legislative body, is hereby authorized 17 and empowered to elect to provide the same exemptions from such taxes as 18 the energy-star product exemption from state sales and compensating use 19 taxes described in paragraph forty-four of subdivision (a) of section 20 eleven hundred fifteen of this chapter by enacting a resolution in the 21 form set forth in paragraph two of this subdivision; whereupon, upon 22 compliance with the provisions of subdivisions (d) and (e) of this 23 section, such enactment of such resolution shall be deemed to be an 24 amendment to such section eleven hundred seven and such section eleven 25 hundred seven shall be deemed to incorporate such exemptions as if they 26 had been duly enacted by the state legislature and approved by the 27 governor. 28 (2) Form of Resolution: Be it enacted by the (insert proper title of 29 local legislative body) as follows: 30 Section one. Receipts from sales of and consideration given or 31 contracted to be given for, or for the use of, property and services 32 exempt from state sales and compensating use taxes pursuant to paragraph 33 forty-four of subdivision (a) of section 1115 of the tax law shall also 34 be exempt from sales and compensating use taxes imposed in this juris- 35 diction. 36 Section two. This resolution shall take effect September 1, (insert 37 the year, but not earlier than the year 2017) and shall apply to sales 38 made, services rendered and uses occurring on and after that date in 39 accordance with the applicable transitional provisions in sections 1106, 40 1216 and 1217 of the New York tax law. 41 § 4. This act shall take effect twenty-four months after it shall have 42 become a law and shall be deemed repealed sixty months after it shall 43 have become a law.
