Bill Text: NY S07865 | 2011-2012 | General Assembly | Introduced
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) 2012-11-14 - REFERRED TO RULES [S07865 Detail]
Download: New_York-2011-S07865-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7865 I N S E N A T E November 14, 2012 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend 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. The general business law is amended by adding a new section 2 399-eee to read as follows: 3 S 399-EEE. ALTERNATE GENERATED POWER CAPACITY FOR MOTOR FUEL DISPENS- 4 ING FACILITIES. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING DEFI- 5 NITIONS APPLY: 6 (A) "MOTOR FUEL TERMINAL FACILITY" AS DEFINED IN PARAGRAPH (K) OF 7 SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE. 8 (B) "WHOLESALER" AS DEFINED IN PARAGRAPH (L) OF SUBDIVISION ONE OF 9 SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE. 10 (C) "MAJOR DISASTER" SHALL MEAN OCCURRENCE OR IMMINENT THREAT OF WIDE- 11 SPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULTING 12 FROM ANY NATURAL OR MAN-MADE CAUSES, INCLUDING, BUT NOT LIMITED TO, 13 FIRE, FLOOD, EARTHQUAKE, HURRICANE, TORNADO, HIGH WATER, LANDSLIDE, 14 MUDSLIDE, WIND, STORM, WAVE ACTION, VOLCANIC ACTIVITY, EPIDEMIC, AIR 15 CONTAMINATION, TERRORISM, CYBER EVENT, BLIGHT, DROUGHT, INFESTATION, 16 EXPLOSION, RADIOLOGICAL ACCIDENT, NUCLEAR, CHEMICAL, BIOLOGICAL, OR 17 BACTERIOLOGICAL RELEASE, WATER CONTAMINATION, BRIDGE FAILURE OR BRIDGE 18 COLLAPSE. 19 (D) "ALTERNATE GENERATED POWER SOURCE" SHALL MEAN AN ELECTRICAL GENER- 20 ATOR THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILO- 21 WATTS OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE 22 ELECTRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTER- 23 RUPTED. 24 (E) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI- 25 SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16620-01-2 S. 7865 2 1 (F) "SUBSTANTIALLY RENOVATED" SHALL MEAN A RENOVATION THAT RESULTS IN 2 AN INCREASE OF GREATER THAN FIFTY PERCENT IN THE ASSESSED VALUE OF THE 3 MOTOR FUEL RETAIL OUTLET. 4 2. BY SEPTEMBER FIRST, TWO THOUSAND FOURTEEN EACH MOTOR FUEL TERMINAL 5 FACILITY AND EACH WHOLESALER WHICH SELLS MOTOR FUEL IN THE STATE SHALL 6 BE CAPABLE OF OPERATING ITS DISTRIBUTION LOADING RACKS USING AN ALTER- 7 NATE GENERATED POWER SOURCE FOR A MINIMUM OF SEVENTY-TWO HOURS. PENDING 8 A POST-DISASTER EXAMINATION OF THE EQUIPMENT BY THE OPERATOR TO DETER- 9 MINE ANY EXTENUATING DAMAGE THAT WOULD RENDER IT UNSAFE TO USE, THE 10 FACILITY SHALL HAVE SUCH ALTERNATE GENERATED POWER SOURCE AVAILABLE FOR 11 OPERATION NO LATER THAN TWENTY-FOUR HOURS AFTER A MAJOR DISASTER. 12 INSTALLATION OF APPROPRIATE WIRING, INCLUDING A TRANSFER SWITCH, SHALL 13 BE DONE BY A CERTIFIED ELECTRICAL CONTRACTOR. EACH BUSINESS THAT IS 14 SUBJECT TO THIS SECTION SHALL KEEP A COPY OF THE DOCUMENTATION OF SUCH 15 INSTALLATION ON SITE OR AT ITS CORPORATE HEADQUARTERS. EACH BUSINESS 16 SHALL KEEP A WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING AND 17 ENSURED OPERATIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTA- 18 TION SHALL BE MADE AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND 19 SECURITY AND EMERGENCY SERVICES AND THE DIRECTOR OF THE COUNTY EMERGENCY 20 MANAGEMENT AGENCY. 21 3. EACH NEWLY CONSTRUCTED OR SUBSTANTIALLY RENOVATED MOTOR FUEL 22 OUTLET, FOR WHICH A CERTIFICATE OF OCCUPANCY IS ISSUED ON OR AFTER 23 SEPTEMBER FIRST, TWO THOUSAND THIRTEEN SHALL BE PRE-WIRED WITH AN APPRO- 24 PRIATE TRANSFER SWITCH, AND CAPABLE OF OPERATING FUEL PUMPS, DISPENSING 25 EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT ACCEPTANCE EQUIPMENT USING 26 AN ALTERNATE GENERATED POWER SOURCE. LOCAL BUILDING INSPECTORS SHALL 27 INCLUDE THIS EQUIPMENT AND OPERATIONS CHECK IN THE NORMAL INSPECTION 28 PROCESS BEFORE ISSUING A CERTIFICATE OF OCCUPANCY ON SITE OR AT ITS 29 CORPORATE HEADQUARTERS. IN ADDITION, EACH RETAIL OUTLET MUST KEEP A 30 WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING OF AND ENSURED OPER- 31 ATIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTS MUST BE MADE 32 AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND SECURITY AND EMER- 33 GENCY MANAGEMENT AND THE DIRECTOR OF THE COUNTY EMERGENCY MANAGEMENT 34 AGENCY. 35 4. (A) NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND FOURTEEN EACH MOTOR 36 FUEL RETAIL OUTLET DESCRIBED IN SUBDIVISIONS TWO AND THREE OF THIS 37 SECTION WHICH IS LOCATED WITHIN ONE-HALF MILE TO AN INTERSTATE HIGHWAY 38 OR STATE OR FEDERALLY DESIGNATED EVACUATION ROUTE SHALL BE PRE-WIRED 39 WITH AN APPROPRIATE TRANSFER SWITCH AND BE CAPABLE OF OPERATING ALL FUEL 40 PUMPS, DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT ACCEPTANCE 41 EQUIPMENT USING ALTERNATE GENERATED POWER SOURCE: 42 (I) A MOTOR FUEL RETAIL OUTLET LOCATED IN A CITY HAVING A POPULATION 43 OF ONE MILLION OR MORE WHICH HAS SIXTEEN OR MORE FUELING POSITIONS. 44 (II) A MOTOR FUEL RETAIL OUTLET LOCATED IN A COUNTY HAVING A POPU- 45 LATION OF THREE HUNDRED THOUSAND OR MORE WHICH HAS SIXTEEN OR MORE FUEL- 46 ING POSITIONS. 47 (III) A MOTOR FUEL RETAIL OUTLET LOCATED IN A COUNTY HAVING A POPU- 48 LATION OF ONE HUNDRED THOUSAND OR MORE, BUT FEWER THAN THREE HUNDRED 49 THOUSAND WHICH HAS TWELVE OR MORE FUELING POSITIONS. 50 (IV) A MOTOR FUEL RETAIL OUTLET LOCATED IN A COUNTY HAVING A POPU- 51 LATION OF FEWER THAN ONE HUNDRED THOUSAND WHICH HAS EIGHT OR MORE FUEL- 52 ING POSITIONS. 53 (B) INSTALLATION OF APPROPRIATE WIRING AND TRANSFER SWITCHES SHALL BE 54 DONE BY A CERTIFIED ELECTRICAL CONTRACTOR. EACH BUSINESS THAT IS SUBJECT 55 TO THIS SECTION SHALL KEEP A COPY OF THE DOCUMENTATION OF SUCH INSTALLA- 56 TION ON SITE OR AT ITS CORPORATE HEADQUARTERS. EACH BUSINESS SHALL KEEP S. 7865 3 1 A WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING AND ENSURED OPERA- 2 TIONAL CAPACITY OF THE EQUIPMENT. THE REQUIRED DOCUMENTATION SHALL BE 3 MADE AVAILABLE, UPON REQUEST, TO THE DIVISION OF HOMELAND SECURITY AND 4 EMERGENCY MANAGEMENT AND THE DIRECTOR OF THE COUNTY EMERGENCY MANAGEMENT 5 AGENCY. 6 5. (A) SUBDIVISIONS TWO AND THREE OF THIS SECTION APPLY TO ANY SELF 7 SERVICE, FULL SERVICE OR COMBINATION SELF-SERVICE AND FULL SERVICE MOTOR 8 FUEL RETAIL OUTLET REGARDLESS OF WHETHER THE FUEL RETAIL OUTLET IS 9 LOCATED ON THE GROUNDS OF, OR IS OWNED BY, ANOTHER RETAIL BUSINESS 10 ESTABLISHMENT THAT DOES NOT ENGAGE IN THE BUSINESS OF SELLING MOTOR 11 FUEL. 12 (B) SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL NOT APPLY TO: 13 (I) AN AUTOMOBILE DEALER; 14 (II) A PERSON WHO OPERATES A FLEET OF MOTOR VEHICLES; 15 (III) A PERSON WHO SELLS MOTOR FUEL EXCLUSIVELY TO A FLEET OF MOTOR 16 VEHICLES; OR 17 (IV) A MOTOR FUEL RETAIL OUTLET THAT HAS A WRITTEN AGREEMENT WITH A 18 PUBLIC HOSPITAL, IN A FORM APPROVED BY THE DIVISION OF EMERGENCY MANAGE- 19 MENT, WHEREIN THE PUBLIC HOSPITAL AGREES TO PROVIDE THE MOTOR FUEL 20 RETAIL OUTLET WITH AN ALTERNATIVE MEANS OF POWER GENERATION ONSITE SO 21 THAT THE OUTLET'S FUEL PUMPS MAY BE OPERATED IN THE EVENT OF A POWER 22 OUTAGE. 23 6. (A) EACH CORPORATION OR OTHER ENTITY THAT OWNS TEN OR MORE MOTOR 24 FUEL RETAIL OUTLETS LOCATED WITHIN A SINGLE COUNTY SHALL MAINTAIN AT 25 LEAST ONE PORTABLE GENERATOR THAT IS CAPABLE OF PROVIDING AN ALTERNATE 26 GENERATED POWER SOURCE AS REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION 27 FOR EVERY TEN OUTLETS. IF AN ENTITY OWNS MORE THAN TEN OUTLETS OR A 28 MULTIPLE OF TEN OUTLETS PLUS AN ADDITIONAL SIX OUTLETS, THE ENTITY MUST 29 PROVIDE AN ADDITIONAL GENERATOR TO ACCOMMODATE SUCH ADDITIONAL OUTLETS. 30 EACH PORTABLE GENERATOR MUST BE STORED WITHIN THIS STATE AND MUST BE 31 AVAILABLE FOR USE IN AN AFFECTED LOCATION WITHIN TWENTY-FOUR HOURS AFTER 32 THE DISASTER. 33 (B) FOR PURPOSES OF THIS SECTION, OWNERSHIP OF A MOTOR FUEL RETAIL 34 OUTLET IS THE OWNER OF RECORD OF THE FUEL STORAGE SYSTEMS OPERATING AT 35 THE LOCATION. 36 S 2. The tax law is amended by adding a new section 187-s to read as 37 follows: 38 S 187-S. TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (A) (1) FOR EACH 39 TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN 40 AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED 41 AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO 42 FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR 43 THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT 44 A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI- 45 SIONS TWO AND THREE OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE 46 GENERAL BUSINESS LAW. 47 (2) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO 48 THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE 49 SHALL BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN 50 AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE 51 TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED 52 POWER SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS 53 NOT SUBJECT TO THE REQUIREMENTS UNDER SUBDIVISIONS TWO AND THREE OF 54 SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT 55 TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS. 56 (B) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION: S. 7865 4 1 (1) "ALTERNATE GENERATED POWER SOURCE" MEANS AN ELECTRICAL GENERATOR 2 THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS 3 OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC- 4 TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED. 5 (2) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI- 6 SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS 7 LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS 8 THAN ONE MILLION DOLLARS FOR ANY TAXABLE YEAR FOR WHICH THE CREDIT 9 AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES 10 OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707 11 OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER- 12 MINING WORLDWIDE GROSS RECEIPTS. 13 (3) "GROSS RECEIPTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN 14 SECTION ONE HUNDRED EIGHTY-TWO-A OF THIS ARTICLE. 15 (C) THE DEPRECIABLE BASIS OF ANY ALTERNATE GENERATED POWER SOURCE 16 SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT ALLOWABLE UNDER THIS 17 SECTION. 18 (D) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS 19 ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE 20 VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE 21 YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN 22 SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE 23 AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE 24 RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR 25 THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD 26 OR REMOVED. 27 (E) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE 28 YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE 29 SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED 30 BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED. 31 S 3. Section 210 of the tax law is amended by adding a new subdivision 32 46 to read as follows: 33 46. TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (A) (1) FOR EACH TAXA- 34 BLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN AND 35 BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED AS A 36 CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO FIFTY 37 PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR THE 38 PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT A 39 MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI- 40 SIONS TWO AND THREE OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE 41 GENERAL BUSINESS LAW. 42 (2) FOR EACH TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO 43 THOUSAND FOURTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE 44 SHALL BE ALLOWED AS A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN 45 AMOUNT EQUAL TO FIFTY PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE 46 TAXABLE YEAR FOR THE PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED 47 POWER SOURCE AT A MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE THAT IS 48 NOT SUBJECT TO THE REQUIREMENTS UNDER SUBDIVISIONS TWO AND THREE OF 49 SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT 50 TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS. 51 (B) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION: 52 (1) "ALTERNATE GENERATED POWER SOURCE" MEANS AN ELECTRICAL GENERATOR 53 THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS 54 OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC- 55 TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED. S. 7865 5 1 (2) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI- 2 SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS 3 LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS 4 THAN ONE MILLION DOLLARS FOR ANY TAXABLE YEAR FOR WHICH THE CREDIT 5 AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES 6 OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707 7 OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER- 8 MINING WORLDWIDE GROSS RECEIPTS. 9 (3) "GROSS RECEIPTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN 10 SECTION ONE HUNDRED-EIGHTY-TWO-A OF THIS CHAPTER. 11 (C) THE DEPRECIABLE BASIS OF ANY ALTERNATE GENERATED POWER SOURCE 12 SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT ALLOWABLE UNDER THIS 13 SECTION. 14 (D) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS 15 ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE 16 VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE 17 YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN 18 SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE 19 AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE 20 RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR 21 THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD 22 OR REMOVED. 23 (E) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE 24 YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE 25 SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED 26 BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED. 27 S 4. Section 606 of the tax law is amended by adding a new subsection 28 (u) to read as follows: 29 (U) TAX CREDIT FOR ALTERNATE GENERATED STORAGE. (1)(A) FOR EACH TAXA- 30 BLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN AND 31 BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN THERE SHALL BE ALLOWED AS A 32 CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO FIFTY 33 PERCENT OF THE AMOUNT PAID OR INCURRED DURING THE TAXABLE YEAR FOR THE 34 PURCHASE AND INSTALLATION OF AN ALTERNATE GENERATED POWER SOURCE AT A 35 MOTOR FUEL RETAIL OUTLET LOCATED IN THE STATE AS REQUIRED BY SUBDIVI- 36 SIONS TWO AND THREE OF SECTION THREE HUNDRED NINETY-NINE-EEE OF THE 37 GENERAL BUSINESS LAW. 38 (B) 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 SUBDIVISIONS TWO AND THREE OF 45 SECTION THREE HUNDRED NINETY-NINE-EEE OF THE GENERAL BUSINESS LAW, NOT 46 TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS. 47 (2) THE FOLLOWING DEFINITIONS APPLY FOR PURPOSES OF THIS SECTION: 48 (A) "ALTERNATE GENERATED POWER SOURCE" MEANS AN ELECTRICAL GENERATOR 49 THAT IS RATED BY THE MANUFACTURER TO GENERATE AT LEAST THIRTY KILOWATTS 50 OF ELECTRICITY AND WHOSE SOLE FUNCTION IS TO AUTOMATICALLY PROVIDE ELEC- 51 TRIC POWER WHEN ELECTRIC POWER FROM A UTILITY SERVICE IS INTERRUPTED. 52 (B) "MOTOR FUEL RETAIL OUTLET" AS DEFINED IN PARAGRAPH (H) OF SUBDIVI- 53 SION ONE OF SECTION THREE HUNDRED NINETY-NINE-EE OF THE GENERAL BUSINESS 54 LAW AND IS OWNED BY A TAXPAYER WITH WORLDWIDE GROSS RECEIPTS OF LESS 55 THAN ONE MILLION DOLLARS FOR ANY TAXABLE YEAR FOR WHICH THE CREDIT 56 AUTHORIZED BY THIS SECTION IS CLAIMED. THE GROSS RECEIPTS OF ANY TRADES S. 7865 6 1 OR BUSINESSES THAT ARE TREATED AS RELATED UNDER SECTION 267, 318 OR 707 2 OF THE INTERNAL REVENUE CODE SHALL BE AGGREGATED FOR PURPOSES OF DETER- 3 MINING WORLDWIDE GROSS RECEIPTS. 4 (C) "GROSS RECEIPTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN 5 SECTION ONE HUNDRED EIGHTY-TWO-A OF THIS CHAPTER. 6 (3) THE DEPRECIABLE BASIS OF ANY ALTERNATE GENERATED POWER SOURCE 7 SHALL BE REDUCED BY THE AMOUNT OF ANY CREDIT ALLOWABLE UNDER THIS 8 SECTION. 9 (4) IF AN ALTERNATE GENERATED POWER SOURCE FOR WHICH A CREDIT IS 10 ALLOWED PURSUANT TO THIS SECTION IS THEREAFTER SOLD, RETURNED TO THE 11 VENDOR, OR OTHERWISE REMOVED FROM SERVICE BY THE TAXPAYER WITHIN ONE 12 YEAR FROM THE DATE THE ALTERNATE GENERATED POWER SOURCE WAS PLACED IN 13 SERVICE, THE AMOUNT OF CREDIT ALLOWED BY THIS SECTION FOR THE PURCHASE 14 AND INSTALLATION OF THAT ALTERNATE GENERATED POWER SOURCE SHALL BE 15 RECAPTURED BY ADDING THAT CREDIT AMOUNT TO THE TAX OF THE TAXPAYER FOR 16 THE TAXABLE YEAR IN WHICH THE ALTERNATE GENERATED POWER SOURCE IS SOLD 17 OR REMOVED. 18 (5) IN THE CASE WHERE THE TAX CREDIT IS NOT EXHAUSTED IN THE TAXABLE 19 YEAR ANY EXCESS MAY BE CARRIED OVER IN THE FOLLOWING YEAR, AND FIVE 20 SUCCEEDING YEARS IF NECESSARY, AND MAY BE DEDUCTED FROM THE TAX IMPOSED 21 BY THIS ARTICLE UNTIL SUCH CREDIT IS EXHAUSTED. 22 S 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 23 of the tax law is amended by adding a new clause (xxxv) to read as 24 follows: 25 (XXXV) ALTERNATE GENERATED STORAGE AMOUNT OF CREDIT UNDER 26 CREDIT UNDER SUBSECTION (U) SUBDIVISION FORTY-SIX OF 27 SECTION TWO HUNDRED TEN 28 S 6. This act shall take effect immediately; provided the provisions 29 of sections two, three, four and five of this act shall expire and be 30 deemed repealed January 1, 2018.