Bill Text: NY S01208 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires that each motor fuel terminal facility and each wholesaler which sells motor fuel in the state shall be capable of operating its distribution loading racks using alternate generated power source for a minimum of seventy-two hours; establishes a tax credit for alternate generated storage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-17 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01208 Detail]
Download: New_York-2013-S01208-Introduced.html
Bill Title: Requires that each motor fuel terminal facility and each wholesaler which sells motor fuel in the state shall be capable of operating its distribution loading racks using alternate generated power source for a minimum of seventy-two hours; establishes a tax credit for alternate generated storage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-17 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01208 Detail]
Download: New_York-2013-S01208-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1208
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT to amend the executive law, the general business law and the tax
law, in relation to alternate generated power capacity; and providing
for the repeal of certain 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 3 of section 21 of the executive law is amended
2 by adding a new paragraph k to read as follows:
3 K. DESIGNATE RETAIL MOTOR FUEL, DIESEL MOTOR FUEL AND KEROSENE
4 STATIONS THROUGHOUT EACH DESIGNATED VULNERABLE COMMUNITY IN THE STATE
5 THAT SHALL BE REQUIRED TO BE CAPABLE OF OPERATING ITS FUEL PUMPS,
6 DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS AND PAYMENT ACCEPTANCE EQUIP-
7 MENT USING AN ALTERNATE GENERATED POWER SOURCE. SUCH ALTERNATE GENERATED
8 POWER SOURCE SHALL BE AVAILABLE NO LATER THAN TWENTY-FOUR HOURS AFTER A
9 MAJOR DISASTER. EACH DESIGNATED STATION SHALL BE EQUIPPED WITH APPROPRI-
10 ATE WIRING AND TRANSFER SWITCH WHICH SHALL BE INSTALLED BY A CERTIFIED
11 ELECTRICAL CONTRACTOR. EACH DESIGNATED STATION SHALL KEEP A COPY OF A
12 THE DOCUMENTATION OF SUCH INSTALLATION ON SITE OR AT ITS CORPORATE HEAD-
13 QUARTERS. EACH DESIGNATED STATION SHALL KEEP A WRITTEN STATEMENT ATTEST-
14 ING TO THE PERIODIC TESTING AND ENSURED OPERATIONAL CAPACITY OF THE
15 EQUIPMENT. THE REQUIRED DOCUMENTATION SHALL BE MADE AVAILABLE, UPON
16 REQUEST, TO THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND
17 THE DIRECTOR OF EMERGENCY MANAGEMENT AGENCY. THE CRITERIA TO BE USED BY
18 THE COMMISSION IN DESIGNATING SUCH RETAIL STATIONS AND THE LOCATION
19 THEREOF INCLUDE BUT ARE NOT LIMITED TO:
20 (1) LOCATIONS NEAR MAJOR VEHICULAR TRANSPORTATION ROUTES OR DESIGNATED
21 EVACUATION ROUTES TO FACILITATE THE EVACUATION OF PERSONS AWAY FROM THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04410-01-3
S. 1208 2
1 DESIGNATED DISASTER AREA OR TOWARDS THE SAFETY OF EMERGENCY TEMPORARY
2 SHELTERS;
3 (2) FACILITY LOCATIONS THAT, DUE TO THE TOPOGRAPHY OF THE AREA,
4 DISTANCE TOWARDS OR AWAY FROM ANY BODY OF WATER, WETLAND OR PHYSICAL
5 FEATURE, OR ANY OTHER CRITERIA ESTABLISHED BY THE COMMISSION WOULD
6 REMAIN VIABLE LOCATIONS THAT COULD SAFELY AND EFFECTIVELY OPERATE
7 BEFORE, DURING AND AFTER A DESIGNATED DECLARATION OF AN EMERGENCY; AND
8 (3) LOCATIONS NEAR TRANSPORTATION HUBS AND OTHER SUITABLE AREAS WITHIN
9 EACH REGION AND EACH COMMUNITY, THAT AFTER THE OCCURRENCE OF SUCH DISAS-
10 TER, COULD BE VALUABLE TO ASSIST IN REGIONAL OR LOCAL RESCUE, RESPONSE,
11 RECOVERY, MITIGATE ACTIVITIES, INCLUDING BUT NOT LIMITED TO, MAKING
12 AVAILABLE MOTOR FUEL TO EMERGENCY VEHICLES, EMERGENCY RESPONDERS, LAW
13 ENFORCEMENT OR TRUCKS AND BUSES USED TO TRANSPORT RESCUE, RESPONSE AND
14 RECOVERY MATERIAL OR PERSONNEL, AND TO SUPPORT THE LOCAL FUEL NEEDS OF
15 EACH COMMUNITY FOR HEAT, COOKING, PORTABLE HOME GENERATOR, LAW ENFORCE-
16 MENT AND OTHER CRITICAL COMMUNITY NEEDS.
17 S 2. The general business law is amended by adding a new section 399-
18 eee to read as follows:
19 S 399-EEE. ALTERNATE GENERATED POWER CAPACITY FOR MOTOR FUEL DISPENS-
20 ING FACILITIES. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING DEFI-
21 NITIONS APPLY:
22 (A) "MOTOR FUEL TERMINAL FACILITY" AS DEFINED IN PARAGRAPH (K) OF
23 SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
24 (B) "WHOLESALER" AS DEFINED IN PARAGRAPH (L) OF SUBDIVISION ONE OF
25 SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
26 (C) "MAJOR DISASTER" SHALL MEAN OCCURRENCE OR IMMINENT THREAT OF WIDE-
27 SPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULTING
28 FROM ANY NATURAL OR MAN-MADE CAUSES, INCLUDING, BUT NOT LIMITED TO,
29 FIRE, FLOOD, EARTHQUAKE, HURRICANE, TORNADO, HIGH WATER, LANDSLIDE,
30 MUDSLIDE, WIND, STORM, WAVE ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR
31 CONTAMINATION, TERRORISM, CYBER EVENT, BLIGHT, DROUGHT, INFESTATION,
32 EXPLOSION, RADIOLOGICAL ACCIDENT, NUCLEAR, CHEMICAL, BIOLOGICAL, OR
33 BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE OR BRIDGE
34 COLLAPSE.
35 (D) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
36 SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
37 (E) "SUBSTANTIALLY RENOVATED" SHALL MEAN A RENOVATION THAT RESULTS IN
38 AN INCREASE OF GREATER THAN FIFTY PERCENT IN THE ASSESSED VALUE OF THE
39 MOTOR FUEL RETAIL OUTLET.
40 2. BY SEPTEMBER FIRST, TWO THOUSAND FOURTEEN EACH MOTOR FUEL TERMINAL
41 FACILITY AND EACH WHOLESALER WHICH SELLS MOTOR FUEL IN THE STATE SHALL
42 BE CAPABLE OF OPERATING ITS DISTRIBUTION LOADING RACKS USING AN ALTER-
43 NATE GENERATED POWER SOURCE FOR A MINIMUM OF SEVENTY-TWO HOURS. PENDING
44 A POST-DISASTER EXAMINATION OF THE EQUIPMENT BY THE OPERATOR TO DETER-
45 MINE ANY EXTENUATING DAMAGE THAT WOULD RENDER IT UNSAFE TO USE, THE
46 FACILITY SHALL HAVE SUCH ALTERNATE GENERATED POWER SOURCE AVAILABLE FOR
47 OPERATION NO LATER THAN TWENTY-FOUR HOURS AFTER A MAJOR DISASTER.
48 INSTALLATION OF APPROPRIATE WIRING, INCLUDING A TRANSFER SWITCH, SHALL
49 BE DONE BY A CERTIFIED ELECTRICAL CONTRACTOR. EACH BUSINESS THAT IS
50 SUBJECT TO THIS SECTION SHALL KEEP A COPY OF THE DOCUMENTATION OF SUCH
51 INSTALLATION ON SITE OR AT ITS CORPORATE HEADQUARTERS. EACH BUSINESS
52 SHALL KEEP A WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING AND
53 ENSURED OPERATIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTA-
54 TION SHALL BE MADE AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND
55 SECURITY AND EMERGENCY SERVICES AND THE DIRECTOR OF THE COUNTY EMERGENCY
56 MANAGEMENT AGENCY.
S. 1208 3
1 3. EACH NEWLY CONSTRUCTED OR SUBSTANTIALLY RENOVATED MOTOR FUEL
2 OUTLET, FOR WHICH A CERTIFICATE OF OCCUPANCY IS ISSUED ON OR AFTER
3 SEPTEMBER FIRST, TWO THOUSAND THIRTEEN SHALL BE PRE-WIRED WITH AN APPRO-
4 PRIATE TRANSFER SWITCH, AND CAPABLE OF OPERATING FUEL PUMPS, DISPENSING
5 EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT ACCEPTANCE EQUIPMENT USING
6 AN ALTERNATE GENERATED POWER SOURCE. LOCAL BUILDING INSPECTORS SHALL
7 INCLUDE THIS EQUIPMENT AND OPERATIONS CHECK IN THE NORMAL INSPECTION
8 PROCESS BEFORE ISSUING A CERTIFICATE OF OCCUPANCY ON SITE OR AT ITS
9 CORPORATE HEADQUARTERS. IN ADDITION, EACH RETAIL OUTLET MUST KEEP A
10 WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING OF AND ENSURED OPER-
11 ATIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTS MUST BE MADE
12 AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND SECURITY AND EMER-
13 GENCY MANAGEMENT AND THE DIRECTOR OF THE COUNTY EMERGENCY MANAGEMENT
14 AGENCY.
15 4. (A) SUBDIVISION TWO OF THIS SECTION, AND PARAGRAPH K OF SUBDIVISION
16 THREE OF SECTION TWENTY-ONE OF THE EXECUTIVE LAW APPLY TO ANY SELF
17 SERVICE, FULL SERVICE OR COMBINATION SELF-SERVICE AND FULL SERVICE MOTOR
18 FUEL RETAIL OUTLET REGARDLESS OF WHETHER THE FUEL RETAIL OUTLET IS
19 LOCATED ON THE GROUNDS OF, OR IS OWNED BY, ANOTHER RETAIL BUSINESS
20 ESTABLISHMENT THAT DOES NOT ENGAGE IN THE BUSINESS OF SELLING MOTOR
21 FUEL.
22 (B) SUBDIVISION TWO OF THIS SECTION, AND PARAGRAPH K OF SUBDIVISION
23 THREE OF SECTION TWENTY-ONE OF THE EXECUTIVE LAW SHALL NOT APPLY TO:
24 (I) AN AUTOMOBILE DEALER;
25 (II) A PERSON WHO OPERATES A FLEET OF MOTOR VEHICLES;
26 (III) A PERSON WHO SELLS MOTOR FUEL EXCLUSIVELY TO A FLEET OF MOTOR
27 VEHICLES; OR
28 (IV) A MOTOR FUEL RETAIL OUTLET THAT HAS A WRITTEN AGREEMENT WITH A
29 PUBLIC HOSPITAL, IN A FORM APPROVED BY THE DIVISION OF EMERGENCY MANAGE-
30 MENT, WHEREIN THE PUBLIC HOSPITAL AGREES TO PROVIDE THE MOTOR FUEL
31 RETAIL OUTLET WITH AN ALTERNATIVE MEANS OF POWER GENERATION ONSITE SO
32 THAT THE OUTLET'S FUEL PUMPS MAY BE OPERATED IN THE EVENT OF A POWER
33 OUTAGE.
34 5. (A) EACH CORPORATION OR OTHER ENTITY THAT OWNS TEN OR MORE MOTOR
35 FUEL RETAIL OUTLETS LOCATED WITHIN A SINGLE COUNTY SHALL MAINTAIN AT
36 LEAST ONE PORTABLE GENERATOR THAT IS CAPABLE OF PROVIDING AN ALTERNATE
37 GENERATED POWER SOURCE AS REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION
38 FOR EVERY TEN OUTLETS. IF AN ENTITY OWNS MORE THAN TEN OUTLETS OR A
39 MULTIPLE OF TEN OUTLETS PLUS AN ADDITIONAL SIX OUTLETS, THE ENTITY MUST
40 PROVIDE AN ADDITIONAL GENERATOR TO ACCOMMODATE SUCH ADDITIONAL OUTLETS.
41 EACH PORTABLE GENERATOR MUST BE STORED WITHIN THIS STATE AND MUST BE
42 AVAILABLE FOR USE IN AN AFFECTED LOCATION WITHIN TWENTY-FOUR HOURS AFTER
43 THE DISASTER.
44 (B) FOR PURPOSES OF THIS SECTION, OWNERSHIP OF A MOTOR FUEL RETAIL
45 OUTLET IS THE OWNER OF RECORD OF THE FUEL STORAGE SYSTEMS OPERATING AT
46 THE LOCATION.
47 S 3. The tax law is amended by adding a new section 187-s to read as
48 follows:
49 S 187-S. TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (A) (1) FOR EACH
50 TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN
51 AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED
52 AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO
53 FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR
54 THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT
55 A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI-
56 SION TWO OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSI-
S. 1208 4
1 NESS LAW AND PARAGRAPH K OF SUBDIVISION THREE OF SECTION TWENTY-ONE OF
2 THE EXECUTIVE LAW.
3 (2) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
4 THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE
5 SHALL BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
6 AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE
7 TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
8 POWER SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
9 NOT SUBJECT TO THE REQUIREMENTS UNDER SUBDIVISION TWO OF SECTION THREE
10 HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW AND PARAGRAPH K OF
11 SUBDIVISION THREE OF SECTION TWENTY-ONE OF THE EXECUTIVE LAW, NOT TO
12 EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
13 (B) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS
14 ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE
15 VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE
16 YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN
17 SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE
18 AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE
19 RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR
20 THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD
21 OR REMOVED.
22 (C) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE
23 YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE
24 SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED
25 BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
26 S 4. Section 210 of the tax law is amended by adding a new subdivision
27 46 to read as follows:
28 46. TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (A) (1) FOR EACH TAXA-
29 BLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN AND
30 BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED AS A
31 CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO FIFTY
32 PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR THE
33 PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT A
34 MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVISION
35 TWO OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW
36 AND PARAGRAPH K OF SUBDIVISION THREE OF SECTION TWENTY-ONE OF THE EXECU-
37 TIVE LAW.
38 (2) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
39 THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE
40 SHALL BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
41 AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE
42 TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
43 POWER SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
44 NOT SUBJECT TO THE REQUIREMENTS UNDER SUBDIVISION TWO OF SECTION THREE
45 HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW AND PARAGRAPH K OF
46 SUBDIVISION THREE OF SECTION TWENTY-ONE OF THE EXECUTIVE LAW, NOT TO
47 EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
48 (B) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION:
49 (1) "ALTERNATE GENERATED POWER SOURCE" MEANS AN ELECTRICAL GENERATOR
50 THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS
51 OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC-
52 TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED.
53 (2) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
54 SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS
55 LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS
56 THAN ONE MILLION DOLLARS FOR ANY TAXABLE YEAR FOR WHICH THE CREDIT
S. 1208 5
1 AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES
2 OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707
3 OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER-
4 MINING WORLDWIDE GROSS RECEIPTS.
5 (3) "GROSS RECEIPTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
6 SECTION ONE HUNDRED EIGHTY-TWO-A OF THIS CHAPTER.
7 (C) THE DEPRECIABLE BASIS OF ANY ALTERNATE GENERATED POWER SOURCE
8 SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT ALLOWABLE UNDER THIS
9 SECTION.
10 (D) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS
11 ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE
12 VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE
13 YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN
14 SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE
15 AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE
16 RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR
17 THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD
18 OR REMOVED.
19 (E) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE
20 YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE
21 SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED
22 BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
23 S 5. Section 606 of the tax law is amended by adding a new subsection
24 (u) to read as follows:
25 (U) TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (1) (A) FOR EACH TAXA-
26 BLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN AND
27 BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED AS A
28 CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO FIFTY
29 PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR THE
30 PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT A
31 MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVISION
32 TWO OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW
33 AND PARAGRAPH K OF SUBDIVISION THREE OF SECTION TWENTY-ONE OF THE EXECU-
34 TIVE LAW.
35 (B) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO
36 THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE
37 SHALL BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN
38 AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE
39 TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED
40 POWER SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS
41 NOT SUBJECT TO THE REQUIREMENTS UNDER SUBDIVISION TWO OF SECTION THREE
42 HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW AND PARAGRAPH K OF
43 SUBDIVISION THREE OF SECTION TWENTY-ONE OF THE EXECUTIVE LAW, NOT TO
44 EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS.
45 (2) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION:
46 (A) "ALTERNATE GENERATED POWER SOURCE" MEANS AN ELECTRICAL GENERATOR
47 THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS
48 OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC-
49 TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED.
50 (B) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI-
51 SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS
52 LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS
53 THAN ONE MILLION DOLLARS FOR ANY TAXABLE YEAR FOR WHICH THE CREDIT
54 AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES
55 OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707
S. 1208 6
1 OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER-
2 MINING WORLDWIDE GROSS RECEIPTS.
3 (C) "GROSS RECEIPTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
4 SECTION ONE HUNDRED EIGHTY-TWO-A OF THIS CHAPTER.
5 (3) THE DEPRECIABLE BASIS OF ANY ALTERNATE GENERATED POWER SOURCE
6 SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT ALLOWABLE UNDER THIS
7 SECTION.
8 (4) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS
9 ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE
10 VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE
11 YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN
12 SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE
13 AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE
14 RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR
15 THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD
16 OR REMOVED.
17 (5) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE
18 YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE
19 SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED
20 BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED.
21 S 6. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
22 of the tax law is amended by adding a new clause (xxxv) to read as
23 follows:
24 (XXXV) ALTERNATE GENERATED STORAGE AMOUNT OF CREDIT UNDER
25 CREDIT UNDER SUBSECTION (U) SUBDIVISION FORTY-SIX OF
26 SECTION TWO HUNDRED TEN
27 S 7. This act shall take effect immediately; provided the provisions
28 of sections three, four, five and six of this act shall expire and be
29 deemed repealed January 1, 2018.
