S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   569

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Ways and Means

AN  ACT  to  amend the tax law, in relation to establishing a tax credit
  for condominium and cooperative apartment owners  that  install  elec-
  trical outlets for charging electric cars in certain parking garages

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 210 of the tax law  is  amended  by  adding  a  new
subdivision 46 to read as follows:
  46.  CREDIT  FOR  ELECTRICAL  OUTLETS  FOR  CHARGING  ELECTRIC CARS IN
CERTAIN PARKING GARAGES. (A) A TAXPAYER SHALL BE ALLOWED  A  CREDIT  FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN
AND  ENDING  BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN AGAINST
THE TAX IMPOSED BY THIS ARTICLE FOR THE  PURCHASE  AND  INSTALLATION  OF
ELECTRICAL  OUTLETS  FOR  CHARGING  ELECTRIC  CARS IN THE PARKING GARAGE
OWNED BY A CONDOMINIUM MANAGEMENT ASSOCIATION OR A  COOPERATIVE  HOUSING
CORPORATION, IF SUCH CONDOMINIUM OR COOPERATIVE HOUSING IS LOCATED WITH-
IN  THIS  STATE. ANY TAXPAYER WHO IS A MEMBER OF THE CONDOMINIUM MANAGE-
MENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE COOPERATIVE HOUS-
ING CORPORATION  MAY  FOR  THE  PURPOSE  OF  THIS  SUBDIVISION  CLAIM  A
PROPORTIONATE  SHARE  OF  THE  TOTAL  EXPENSE AS THE EXPENDITURE FOR THE
PURPOSES OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE, IF  SUCH
RESIDENCE  IS  LOCATED  WITHIN THE STATE. THE TOTAL AMOUNT OF THE CREDIT
SHALL BE FIFTY-FIVE PERCENT OF THE EXPENDITURE  INCURRED  IN  PURCHASING
AND INSTALLING ANY SUCH SYSTEM OR COMBINATION THEREOF, BUT NOT TO EXCEED
THE MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
  (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (I) "ELECTRIC CARS" SHALL MEAN MOTOR VEHICLES, AS DEFINED  BY  SECTION
ONE  HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC LAW, WHICH ARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03089-01-3

A. 569                              2

PROPELLED BY ELECTRIC MOTORS USING ELECTRIC ENERGY STORED  IN  BATTERIES
OR  OTHER  ENERGY STORAGE DEVICES. FOR THE PURPOSES OF THIS SUBDIVISION,
"ELECTRIC CARS" SHALL NOT INCLUDE ELECTRIC PERSONAL  ASSISTIVE  MOBILITY
DEVICES  AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE AND
TRAFFIC LAW.
  (II) "ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS" SHALL INCLUDE ANY
ELECTRICAL OUTLETS INTENDED TO  BE  USED  FOR  CHARGING  ELECTRIC  CARS,
INCLUDING,  BUT  NOT  LIMITED  TO 120-VOLT OUTLETS, 240-VOLT OUTLETS AND
CHARGING STATIONS SPECIFICALLY MANUFACTURED FOR CHARGING ELECTRIC CARS.
  (C) TO THE EXTENT THAT A FEDERAL INCOME  TAX  CREDIT  SHALL  APPLY  TO
EXPENDITURES  ELIGIBLE  FOR  A CREDIT UNDER THIS SUBDIVISION, THE CREDIT
PROVIDED IN THIS SUBDIVISION SHALL BE REDUCED SO THAT THE COMBINED CRED-
IT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF  SUCH  EXPENDITURES  OR  SEVEN
THOUSAND DOLLARS, WHICHEVER IS LESS.
  (D)  IF  THE  AMOUNT  OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION SHALL
EXCEED THE TAXPAYER'S TAX FOR SUCH  YEAR, THE EXCESS MAY BE CARRIED OVER
TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM  THE  TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  (E)  IF ALL OR ANY PART OF THE CREDIT PROVIDED FOR UNDER THIS SUBDIVI-
SION WAS ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR  YEARS,  A
TAXPAYER  SHALL  REDUCE  THE  ALLOWABLE CREDIT FOR ADDITIONAL QUALIFYING
EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT PREVI-
OUSLY ALLOWED OR CARRIED OVER; PROVIDED HOWEVER THAT A CREDIT PREVIOUSLY
ALLOWED OR CARRIED OVER FROM A PRIOR TAXABLE YEAR OR YEARS SHALL NOT  BE
TAKEN  INTO ACCOUNT IN DETERMINING THE ALLOWABLE CREDIT FOR THE PURCHASE
AND INSTALLATION OF ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS  IN  A
SUBSEQUENT PRINCIPAL RESIDENCE.
  (F)  FOR  THE PURPOSE OF DETERMINING THE AMOUNT OF THE ACTUAL EXPENDI-
TURE INCURRED IN PURCHASING AND INSTALLING ELECTRICAL OUTLETS FOR CHARG-
ING ELECTRIC CARS, THE AMOUNT OF  ANY  FEDERAL,  STATE  OR  LOCAL  GRANT
RECEIVED BY THE TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTAL-
LATION  OF SUCH SYSTEM AND WHICH WAS NOT INCLUDED IN THE GROSS INCOME OF
THE TAXPAYER, SHALL NOT BE TAKEN INTO ACCOUNT.
  S 2. Section 606 of the tax law is amended by adding a new  subsection
(g-3) to read as follows:
  (G-3)  CREDIT  FOR  ELECTRICAL  OUTLETS  FOR CHARGING ELECTRIC CARS IN
CERTAIN PARKING GARAGES. (1) A TAXPAYER SHALL BE ALLOWED  A  CREDIT  FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN
AND  ENDING  BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN AGAINST
THE TAX IMPOSED BY THIS ARTICLE FOR THE  PURCHASE  AND  INSTALLATION  OF
ELECTRICAL  OUTLETS  FOR  CHARGING  ELECTRIC  CARS IN THE PARKING GARAGE
OWNED BY A CONDOMINIUM MANAGEMENT ASSOCIATION OR A  COOPERATIVE  HOUSING
CORPORATION, IF SUCH CONDOMINIUM OR COOPERATIVE HOUSING IS LOCATED WITH-
IN  THIS  STATE. ANY TAXPAYER WHO IS A MEMBER OF THE CONDOMINIUM MANAGE-
MENT ASSOCIATION OR WHO IS A TENANT-STOCKHOLDER IN THE COOPERATIVE HOUS-
ING  CORPORATION  MAY  FOR  THE  PURPOSE  OF  THIS  SUBSECTION  CLAIM  A
PROPORTIONATE  SHARE  OF  THE  TOTAL  EXPENSE AS THE EXPENDITURE FOR THE
PURPOSES OF THE CREDIT ATTRIBUTABLE TO HIS PRINCIPAL RESIDENCE, IF  SUCH
RESIDENCE  IS  LOCATED  WITHIN THE STATE. THE TOTAL AMOUNT OF THE CREDIT
SHALL BE FIFTY-FIVE PERCENT OF THE EXPENDITURE  INCURRED  IN  PURCHASING
AND INSTALLING ANY SUCH SYSTEM OR COMBINATION THEREOF, BUT NOT TO EXCEED
THE MAXIMUM CREDIT OF FIVE THOUSAND DOLLARS.
  (2)  FOR  THE  PURPOSES  OF THIS SUBSECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (I) "ELECTRIC CARS" SHALL MEAN MOTOR VEHICLES, AS DEFINED  BY  SECTION
ONE  HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE  AND  TRAFFIC LAW, WHICH ARE

A. 569                              3

PROPELLED BY ELECTRIC MOTORS USING ELECTRIC ENERGY STORED  IN  BATTERIES
OR  OTHER  ENERGY STORAGE DEVICES. FOR THE PURPOSES OF THIS SUBDIVISION,
"ELECTRIC CARS" SHALL NOT INCLUDE ELECTRIC PERSONAL  ASSISTIVE  MOBILITY
DEVICES  AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE AND
TRAFFIC LAW,
  (II) "ELECTRICAL OUTLETS FOR CHARGING ELECTRIC CARS" SHALL INCLUDE ANY
ELECTRICAL OUTLETS INTENDED TO  BE  USED  FOR  CHARGING  ELECTRIC  CARS,
INCLUDING,  BUT  NOT  LIMITED  TO 120-VOLT OUTLETS, 240-VOLT OUTLETS AND
CHARGING STATIONS SPECIFICALLY MANUFACTURED FOR CHARGING ELECTRIC CARS.
  (3) TO THE EXTENT THAT A FEDERAL INCOME  TAX  CREDIT  SHALL  APPLY  TO
EXPENDITURES  ELIGIBLE  FOR  A  CREDIT UNDER THIS SUBSECTION, THE CREDIT
PROVIDED IN THIS SUBSECTION SHALL BE REDUCED SO THAT THE COMBINED CREDIT
SHALL NOT EXCEED FIFTY-FIVE PERCENT OF SUCH EXPENDITURES OR SEVEN  THOU-
SAND DOLLARS, WHICHEVER IS LESS.
  (4)  IF  THE  AMOUNT  OF  CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL
EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED  OVER
TO  THE  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  (5) IF ALL  OR  ANY  PART  OF  THE  CREDIT  PROVIDED  FOR  UNDER  THIS
SUBSECTION  WAS  ALLOWED  OR  CARRIED  OVER FROM A PRIOR TAXABLE YEAR OR
YEARS, A TAXPAYER SHALL REDUCE THE ALLOWABLE CREDIT FOR ADDITIONAL QUAL-
IFYING EXPENDITURES IN A SUBSEQUENT TAX YEAR BY THE AMOUNT OF THE CREDIT
PREVIOUSLY ALLOWED OR CARRIED  OVER;  PROVIDED  HOWEVER  THAT  A  CREDIT
PREVIOUSLY  ALLOWED  OR  CARRIED OVER FROM A PRIOR TAXABLE YEAR OR YEARS
SHALL NOT BE TAKEN INTO ACCOUNT IN DETERMINING THE ALLOWABLE CREDIT  FOR
THE  PURCHASE  AND INSTALLATION OF ELECTRICAL OUTLETS FOR CHARGING ELEC-
TRIC CARS IN A SUBSEQUENT PRINCIPAL RESIDENCE.
  (6) FOR THE PURPOSE OF DETERMINING THE AMOUNT OF THE  ACTUAL  EXPENDI-
TURE INCURRED IN PURCHASING AND INSTALLING ELECTRICAL OUTLETS FOR CHARG-
ING  ELECTRIC  CARS,  THE  AMOUNT  OF  ANY FEDERAL, STATE OR LOCAL GRANT
RECEIVED BY THE TAXPAYER, WHICH WAS USED FOR THE PURCHASE AND/OR INSTAL-
LATION OF SUCH SYSTEM AND WHICH WAS NOT INCLUDED IN THE GROSS INCOME  OF
THE TAXPAYER, SHALL NOT BE TAKEN INTO ACCOUNT.
  S  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a  new  clause  (xxxv)  to  read  as
follows:

(XXXV) CREDIT FOR                       AMOUNT OF CREDIT
ELECTRICAL OUTLETS FOR CHARGING         UNDER SUBDIVISION
ELECTRIC CARS IN CERTAIN                FORTY-SIX OF SECTION
PARKING GARAGES UNDER SUBSECTION        TWO HUNDRED TEN
(G-3)

  S 4. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.