NY State Senate Bill 2021-S1526

Senate Bill S1526

2021-2022 Legislative Session

Creates the alternative fuel incentive fund; creates the alternative fuels credit; establishes alternative fuel grants; appropriation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Jan 12, 2021	referred to finance

2021-S1526 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §99-ii, St Fin L; amd §§1148, 606 & 210-B, add §§187-q & 187-r, Tax L; add §1884, amd §§354 & 351, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4356
2019-2020: S1153

2021-S1526 (ACTIVE) - Summary

Creates the alternative fuel incentive fund; provides that monies allocated from the fund will be used for certain purposes; makes an appropriation therefor; provides that thirty million dollars will be allocated for research and development, twenty seven million dollars for the thruway authority to create alternative fuel stations on the thruway, twenty million dollars for a cellulosic ethanol refinery and five million dollars for administrative costs.

2021-S1526 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1526

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the state finance law, in relation to creating the
alternative fuel incentive fund; to amend the tax law, in relation to
creating the alternative fuels credit; to amend the public authorities
law, in relation to alternative fuel grants; and making an appropriation
therefor

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes the "Alternative Fuel Incentive Fund." This fund
would promote the research, development and usage of alternative energy
fuels.

 
SUMMARY OF SPECIFIC PROVISIONS:

State sales tax derived from the portion of the price of motor and
diesel motor fuel between $1 and $2 per gallon would be deposited into a

new dedicated fund entitled the "Alternative Fuel Incentive Fund." The
Fund would be used for the following:

A personal income tax and corporate franchise tax credit equal to $500
per hybrid or fuel flexible vehicle purchased;

An allocated credit for the installation or conversion of fueling
stations for alternative fuels. This credit would equal 30 percent of
the costs associated with equipping a refueling facility to sell alter-
native fuels;

$30 million for research and development regarding fuel diversification
and energy efficiency in the transportation sector;

$27 million to provide each of the 27 travel plazas on the Thruway with
fueling stations for alternative fuels;

$20 million for grants for the cellulosic ethanol refinery; $5 million
for additional administrative costs.

 
JUSTIFICATION:

This bill would help accelerate the State's transition away from a
fossil fuel transportation economy to one that is ever more reliant on
alternative and renewable energy source. This legislation would provide
tax credits, grants, investments and other incentives to encourage
ownership of hybrid and flex-fuel vehicles and the building of alterna-
tive fueling stations and refineries. Furthermore, this initiative would
boost the economy, strengthen the environment and bolster national secu-
rity.

 
PRIOR LEGISLATIVE HISTORY:

02/10/17: S.4356 REFERRED TO FINANCE
01/03/18: S.4356 REFERRED TO FINANCE
01/11/19: S.1153 REFERRED TO FINANCE
01/08/20: S.1153 REFERRED TO FINANCE

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
180 days after it has become law.

2021-S1526 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1526
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance  law,  in  relation  to  creating  the
   alternative  fuel incentive fund; to amend the tax law, in relation to
   creating the alternative fuels credit; to amend the public authorities
   law, in relation to alternative fuel grants; and making  an  appropri-
   ation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 99-ii to read as follows:
   §  99-II.  ALTERNATIVE  FUEL INCENTIVE FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO  BE  KNOWN  AS  THE
 "ALTERNATIVE FUEL INCENTIVE FUND".
   2.  THE  FUND SHALL CONSIST OF THE AMOUNT OF REVENUES FROM SALES TAXES
 IMPOSED ON THE RECEIPTS OF THE PRICE OF MOTOR AND DIESEL FUEL MORE  THAN
 ONE DOLLAR OR EQUAL TO OR LESS THAN TWO DOLLARS.
   3.  MONIES  OF  THE  FUND,  WHEN ALLOCATED, SHALL BE DISBURSED FOR THE
 FOLLOWING PURPOSES:
   (A) CREDITS AGAINST PERSONAL INCOME TAX AND  CORPORATE  FRANCHISE  TAX
 FOR  THE  INSTALLATION OR CONVERSION OF FUELING STATIONS FOR ALTERNATIVE
 FUELS;
   (B) GRANTS FOR RESEARCH AND DEVELOPMENT IN REGARDS TO FUEL  DIVERSIFI-
 CATION AND ENERGY EFFICIENCY IN THE TRANSPORTATION SECTOR;
   (C)  INSTALLATION OF ALTERNATIVE FUELING STATIONS AT EACH OF THE TWEN-
 TY-SEVEN TRAVEL PLAZAS ON THE NEW YORK STATE THRUWAY;
   (D) GRANTS FOR A CELLULOSIC ETHANOL REFINERY; AND
   (E) ADMINISTRATIVE COSTS BORNE  BY  THE  DEPARTMENT  OF  TAXATION  AND
 FINANCE  AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY.

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

                                                            LBD03879-01-1

 S. 1526                             2
 
   § 2. Subdivision (b) of section 1148 of the tax  law,  as  amended  by
 section  6-a  of part G of chapter 59 of the laws of 2019, is amended to
 read as follows:
   (b)  Provided however, before the funds may be distributed pursuant to
 subdivision (a) of this section, such  funds  shall  be  distributed  as
 otherwise  provided  in sections ninety-two-d, ninety-two-h, [and] nine-
 ty-two-r AND NINETY-NINE-II of the state finance law and sections eleven
 hundred two, eleven hundred four and eleven hundred nine of  this  arti-
 cle.
   §  3.  Section  606  of  the  tax  law  is  amended  by adding two new
 subsections (p-1) and (kkk) to read as follows:
   (P-1) ALTERNATIVE FUELS CREDIT.  (1)  GENERAL.  A  TAXPAYER  SHALL  BE
 ALLOWED  A  CREDIT,  TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE
 TAX IMPOSED BY THIS ARTICLE FOR FUEL  FLEXIBLE  VEHICLES  AND  QUALIFIED
 HYBRID  VEHICLES  PLACED  IN  SERVICE DURING THE TAXABLE YEAR. PROVIDED,
 HOWEVER, THAT THE CREDIT PROVIDED FOR BY THIS SUBSECTION WITH RESPECT TO
 FUEL FLEXIBLE VEHICLES SHALL NOT BE ALLOWED  TO  A  GAS  CORPORATION  OR
 ELECTRIC  CORPORATION  AS DEFINED IN SUBDIVISIONS ELEVEN AND THIRTEEN OF
 SECTION TWO OF THE PUBLIC SERVICE LAW, OR A GAS AND ELECTRIC CORPORATION
 AS DESCRIBED IN SECTION SIXTY-FOUR OF THE PUBLIC SERVICE LAW, WHERE SUCH
 CORPORATION IS SUBJECT TO THE SUPERVISION OF THE  DEPARTMENT  OF  PUBLIC
 SERVICE.
   (2)   FUEL  FLEXIBLE  AND  HYBRID  VEHICLES.  THE  CREDIT  UNDER  THIS
 SUBSECTION FOR FUEL FLEXIBLE AND QUALIFIED HYBRID VEHICLES  SHALL  EQUAL
 FIVE HUNDRED DOLLARS PER VEHICLE REGISTERED IN THIS STATE.
   (3)  DEFINITIONS. (A) THE TERM "FUEL FLEXIBLE VEHICLE" MEANS A VEHICLE
 WHICH IS EQUIPPED TO USE ALTERNATIVE  FUEL  AS  DEFINED  IN  SUBDIVISION
 ELEVEN OF SECTION THREE HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   (B)  THE  TERM  "QUALIFIED  HYBRID  VEHICLE" MEANS A MOTOR VEHICLE, AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THE  VEHICLE  AND  TRAFFIC
 LAW, OTHER THAN AN ELECTRIC VEHICLE, THAT:
   (I) DRAWS PROPULSION ENERGY FROM BOTH
   (A)  AN INTERNAL COMBUSTION ENGINE (OR HEAT ENGINE THAT USES COMBUSTI-
 BLE FUEL); AND
   (B) AN ENERGY STORAGE DEVICE; AND
   (II) EMPLOYS A REGENERATIVE VEHICLE BRAKING SYSTEM THAT RECOVERS WASTE
 ENERGY TO CHARGE SUCH ENERGY STORAGE DEVICE.
   (4)  CARRYOVERS.  IF  THE  AMOUNT  OF  CREDIT  ALLOWABLE  UNDER   THIS
 SUBSECTION SHALL EXCEED THE TAXPAYER'S TAX OF 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) CREDIT RECAPTURE. (A) VEHICLES. IF, WITHIN THREE FULL  YEARS  FROM
 THE  DATE  A QUALIFIED HYBRID VEHICLE IS PLACED IN SERVICE SUCH VEHICLES
 CEASE TO BE QUALIFIED, A RECAPTURE AMOUNT MUST BE ADDED BACK IN THE  TAX
 YEAR IN WHICH SUCH CESSATION OCCURS.
   (B)  CESSATION  OF  QUALIFICATION. (I) A QUALIFIED HYBRID CEASES TO BE
 QUALIFIED IF
   (A) IT IS MODIFIED BY THE TAXPAYER SO THAT  IT  NO  LONGER  MEETS  THE
 REQUIREMENTS OF A QUALIFIED HYBRID VEHICLE.
   (B)  THE  TAXPAYER RECEIVING THE CREDIT UNDER THIS SUBSECTION SELLS OR
 DISPOSES OF THE VEHICLE AND KNOWS OR HAS REASON TO KNOW THAT THE VEHICLE
 WILL BE SO MODIFIED.
   (II) RECAPTURE AMOUNT. THE RECAPTURE AMOUNT IS  EQUAL  TO  THE  CREDIT
 ALLOWABLE UNDER THIS SUBSECTION.

 S. 1526                             3
 
   (6) TERMINATION. THIS SUBSECTION SHALL NOT APPLY TO PROPERTY PLACED IN
 SERVICE  IN  TAXABLE  YEARS  BEGINNING  AFTER DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-TWO.
   (KKK)  ALTERNATIVE FUEL CREDIT FOR INSTALLATION OR CONVERSION OF FUEL-
 ING STATIONS. (1) ALLOWANCE OF CREDIT. A TAXPAYER  SHALL  BE  ALLOWED  A
 CREDIT,  TO BE COMPUTED HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY
 THIS ARTICLE FOR THE COST OF INSTALLATION  CONSTRUCTION,  RECONSTRUCTION
 OR ACQUISITION OF AN ALTERNATIVE FUEL REFUELING FACILITY THAT IS DIRECT-
 LY  ATTRIBUTABLE  TO THE STORAGE, COMPRESSION, CHARGING OR DISPENSING OF
 ALTERNATIVE FUELS TO MOTOR VEHICLES. THE  INCOME  TAX  CREDIT  WOULD  BE
 THIRTY PERCENT OF THE COSTS ASSOCIATED WITH SUCH EXPENSES.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR,  FIFTY PERCENT OF THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF
 TAX TO BE CREDITED OR REFUNDED AS PROVIDED IN SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON. THE BALANCE OF SUCH CREDIT NOT CREDITED  OR  REFUNDED  IN  SUCH
 TAXABLE  YEAR  MAY BE CARRIED OVER TO THE IMMEDIATELY SUCCEEDING TAXABLE
 YEAR AND MAY BE DEDUCTED FROM THE TAXPAYER'S  TAX  FOR  SUCH  YEAR.  THE
 EXCESS,  IF  ANY,  OF  THE  AMOUNT  OF  THE CREDIT OVER THE TAX FOR SUCH
 SUCCEEDING YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED
 OR REFUNDED AS PROVIDED IN SECTION SIX HUNDRED EIGHTY-SIX OF THIS  ARTI-
 CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   §  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding two new clauses (xlvi)  and  (xlvii)
 to read as follows:
 (XLVI) ALTERNATIVE FUELS                AMOUNT OF CREDIT
 CREDIT UNDER SUBSECTION                 UNDER SUBDIVISION
 (P-1)                                   FIFTY-FIVE OF
                                         SECTION TWO HUNDRED TEN-B
 
 (XLVII) ALTERNATIVE FUEL CREDIT         AMOUNT OF CREDIT
 FOR INSTALLATION OR                     UNDER SUBDIVISION
 CONSERVATION OF FUELING                 FIFTY-SIX OF SECTION
 STATIONS UNDER SUBSECTION               TWO HUNDRED TEN-B
 (KKK)
   §  5. Section 210-B of the tax law is amended by adding two new subdi-
 visions 55 and 56 to read as follows:
   55. ALTERNATIVE FUELS CREDIT. (A) GENERAL. A TAXPAYER SHALL BE ALLOWED
 A CREDIT, TO BE  COMPUTED  AS  HEREINAFTER  PROVIDED,  AGAINST  THE  TAX
 IMPOSED  BY  THIS  ARTICLE,  FOR  FUEL  FLEXIBLE  VEHICLES AND QUALIFIED
 HYBRIDS. PROVIDED,  HOWEVER,  THAT  THE  CREDIT  PROVIDED  FOR  BY  THIS
 SUBSECTION  WITH  RESPECT TO FUEL FLEXIBLE VEHICLES SHALL NOT BE ALLOWED
 TO A GAS CORPORATION OR ELECTRIC CORPORATION AS DEFINED IN  SUBDIVISIONS
 ELEVEN  AND  THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW, OR A GAS
 AND ELECTRIC CORPORATION AS  DESCRIBED  IN  SECTION  SIXTY-FOUR  OF  THE
 PUBLIC SERVICE LAW, WHERE SUCH CORPORATION IS SUBJECT TO THE SUPERVISION
 OF THE DEPARTMENT OF PUBLIC SERVICE.
   (B)  FUEL  FLEXIBLE VEHICLES AND QUALIFIED HYBRID VEHICLES. THE CREDIT
 UNDER THIS SUBDIVISION FOR FUEL FLEXIBLE VEHICLES AND  QUALIFIED  HYBRID
 VEHICLES SHALL EQUAL FIVE HUNDRED DOLLARS PER VEHICLE REGISTERED IN THIS
 STATE.
   (C) DEFINITIONS. (I) THE TERM "FUEL FLEXIBLE VEHICLE" MEANS A VEHICLE,
 WHICH  IS  EQUIPPED  TO  USE  ALTERNATIVE FUEL AS DEFINED IN SUBDIVISION
 ELEVEN OF SECTION THREE HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.

 S. 1526                             4

   (II) THE TERM "QUALIFIED HYBRID VEHICLE" SHALL HAVE THE  SAME  MEANING
 AS  PROVIDED FOR UNDER SUBPARAGRAPH (B) OF PARAGRAPH THREE OF SUBSECTION
 (P-1) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER.
   (D) CARRYOVERS. IN NO EVENT SHALL THE CREDIT UNDER THIS SUBDIVISION BE
 ALLOWED  IN AN AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN THE
 HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE  OF
 SECTION  TWO HUNDRED TEN OF THIS ARTICLE. PROVIDED, HOWEVER, THAT IF THE
 AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY  TAXABLE  YEAR
 REDUCES  THE  TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN
 SUCH TAXABLE YEAR 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) CREDIT RECAPTURE. (I) IF, WITHIN THREE FULL YEARS FROM THE DATE  A
 QUALIFIED  HYBRID VEHICLE IS PLACED IN SERVICE CEASES TO BE QUALIFIED, A
 RECAPTURE AMOUNT MUST BE ADDED BACK IN THE TAX YEAR IN WHICH SUCH CESSA-
 TION OCCURS.
   (II) A QUALIFIED HYBRID VEHICLE CEASES TO BE QUALIFIED IF:
   (A) IT IS MODIFIED BY THE TAXPAYER SO THAT  IT  NO  LONGER  MEETS  THE
 REQUIREMENTS  OF  A  QUALIFIED HYBRID VEHICLE AS DEFINED IN SUBPARAGRAPH
 (B) OF PARAGRAPH THREE OF SUBSECTION (P-1) OF SECTION SIX HUNDRED SIX OF
 THIS CHAPTER; OR
   (B) THE TAXPAYER RECEIVING THE CREDIT UNDER THIS SUBSECTION  SELLS  OR
 DISPOSES OF THE VEHICLE AND KNOWS OR HAS REASON TO KNOW THAT THE VEHICLE
 WILL BE SO MODIFIED.
   (III)  RECAPTURE  AMOUNT.  THE RECAPTURE AMOUNT IS EQUAL TO THE CREDIT
 ALLOWABLE UNDER THIS SUBDIVISION MULTIPLIED BY A FRACTION, THE NUMERATOR
 OF WHICH IS THE TOTAL RECOVERY PERIOD FOR THE PROPERTY MINUS THE  NUMBER
 OF  RECOVERY  YEARS PRIOR TO, BUT NOT INCLUDING, THE RECAPTURE YEAR, AND
 THE DENOMINATOR OF WHICH IS THE TOTAL RECOVERY PERIOD.
   (F) TERMINATION. THIS SUBDIVISION SHALL NOT APPLY TO  PROPERTY  PLACED
 IN  SERVICE  IN TAXABLE YEARS BEGINNING AFTER DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-TWO.
   56. ALTERNATIVE FUEL CREDIT FOR INSTALLATION OR CONVERSION OF  FUELING
 STATIONS. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT,
 TO  BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS
 ARTICLE FOR THE COST OF  INSTALLATION  CONSTRUCTION,  RECONSTRUCTION  OR
 ACQUISITION  OF  AN ALTERNATIVE FUEL REFUELING FACILITY THAT IS DIRECTLY
 ATTRIBUTABLE TO THE STORAGE,  COMPRESSION,  CHARGING  OR  DISPENSING  OF
 ALTERNATIVE  FUELS  TO  MOTOR  VEHICLES.  THE INCOME TAX CREDIT SHALL BE
 THIRTY PERCENT OF THE COSTS ASSOCIATED WITH SUCH EXPENSES.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT DESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
 TWO HUNDRED TEN OF THIS ARTICLE. IF THE AMOUNT OF THE  CREDIT  ALLOWABLE
 UNDER  THIS  SUBDIVISION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX
 FOR SUCH YEAR, FIFTY PERCENT OF THE EXCESS SHALL BE TREATED AS AN  OVER-
 PAYMENT  OF  TAX  TO  BE CREDITED OR REFUNDED AS PROVIDED IN SECTION SIX
 HUNDRED EIGHTY-SIX OF THIS CHAPTER, PROVIDED, HOWEVER, THAT NO  INTEREST
 SHALL  BE  PAID  THEREON.  THE  BALANCE  OF  SUCH CREDIT NOT CREDITED OR
 REFUNDED IN SUCH TAXABLE YEAR MAY BE CARRIED  OVER  TO  THE  IMMEDIATELY
 SUCCEEDING  TAXABLE YEAR AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
 SUCH YEAR. THE EXCESS, IF ANY, OF THE AMOUNT OF THE CREDIT OVER THE  TAX
 FOR SUCH SUCCEEDING YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED  OR  REFUNDED  AS PROVIDED IN SECTION SIX HUNDRED EIGHTY-SIX OF
 THIS CHAPTER, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   § 6. The tax law is amended by adding two new sections 187-q and 187-r
 to read as follows:

 S. 1526                             5
 
   § 187-Q. ALTERNATIVE FUELS CREDIT. 1. GENERAL.  A  TAXPAYER  SHALL  BE
 ALLOWED  A  CREDIT,  TO  BE  CREDITED  AGAINST  THE  TAXES IMPOSED UNDER
 SECTIONS ONE HUNDRED EIGHTY-THREE, AND ONE HUNDRED EIGHTY-FOUR  OF  THIS
 ARTICLE.   SUCH CREDIT, TO BE COMPUTED AS HEREINAFTER PROVIDED, SHALL BE
 ALLOWED  FOR  FUEL FLEXIBLE AND HYBRID VEHICLES PLACED IN SERVICE DURING
 THE TAXABLE YEAR.  PROVIDED, HOWEVER, THAT THE  AMOUNT  OF  SUCH  CREDIT
 ALLOWABLE  AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF
 THIS ARTICLE SHALL BE THE EXCESS OF THE CREDIT ALLOWED BY  THIS  SECTION
 OVER  THE  AMOUNT  OF  SUCH  CREDIT ALLOWABLE AGAINST THE TAX IMPOSED BY
 SECTION ONE HUNDRED EIGHTY-THREE OF THIS ARTICLE.
   2. FUEL FLEXIBLE AND HYBRID VEHICLES. THE CREDIT UNDER  THIS  SUBDIVI-
 SION  FOR  FUEL  FLEXIBLE AND QUALIFIED HYBRID VEHICLES SHALL EQUAL FIVE
 HUNDRED DOLLARS PER VEHICLE REGISTERED IN THIS STATE.
   3. DEFINITIONS. (A) THE TERM "FUEL FLEXIBLE VEHICLE" MEANS A  VEHICLE,
 WHICH  IS  EQUIPPED  TO  USE  ALTERNATIVE FUEL AS DEFINED IN SUBDIVISION
 ELEVEN OF SECTION THREE HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   (B) THE TERM "QUALIFIED HYBRID VEHICLE" SHALL HAVE THE SAME MEANING AS
 PROVIDED FOR IN SUBPARAGRAPH (B) OF PARAGRAPH THREE OF SUBSECTION  (P-1)
 OF SECTION SIX HUNDRED SIX OF THIS CHAPTER.
   4.  CARRYOVERS.  IN  NO  EVENT  SHALL THE CREDIT UNDER THIS SECTION BE
 ALLOWED IN AN AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN  THE
 APPLICABLE MINIMUM TAX FIXED BY SECTION ONE HUNDRED EIGHTY-THREE OF THIS
 ARTICLE.  IF, HOWEVER, THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SECTION
 FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CRED-
 IT NOT DEDUCTIBLE IN SUCH TAXABLE  YEAR  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. CREDIT RECAPTURE. (A) IF, WITHIN THREE FULL YEARS FROM THE  DATE  A
 QUALIFIED  HYBRID VEHICLE IS PLACED IN SERVICE CEASES TO BE QUALIFIED, A
 RECAPTURE AMOUNT MUST BE ADDED BACK IN THE TAX YEAR IN WHICH SUCH CESSA-
 TION OCCURS.
   (B) A QUALIFIED HYBRID VEHICLE CEASES TO BE QUALIFIED IF:
   (I) IT IS MODIFIED BY THE TAXPAYER SO THAT  IT  NO  LONGER  MEETS  THE
 REQUIREMENTS  OF  A  QUALIFIED HYBRID VEHICLE AS DEFINED IN SUBPARAGRAPH
 (B) OF PARAGRAPH THREE OF SUBSECTION (P-1) OF SECTION SIX HUNDRED SIX OF
 THIS CHAPTER, OR
   (II) THE TAXPAYER RECEIVING THE CREDIT UNDER  THIS  SECTION  SELLS  OR
 DISPOSES OF THE VEHICLE AND KNOWS OR HAS REASON TO KNOW THAT THE VEHICLE
 WILL BE SO MODIFIED.
   (C)  THE  RECAPTURE AMOUNT IS EQUAL TO THE CREDIT ALLOWABLE UNDER THIS
 SECTION.
   6. TERMINATION. THIS SECTION SHALL NOT APPLY  TO  PROPERTY  PLACED  IN
 SERVICE  IN  TAXABLE  YEARS  BEGINNING  AFTER DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-TWO.
   § 187-R. ALTERNATIVE FUEL CREDIT FOR  INSTALLATION  OR  CONVERSION  OF
 FUELING STATIONS. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A
 CREDIT,  TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED
 BY THIS ARTICLE  FOR  THE  COST  OF  INSTALLATION  CONSTRUCTION,  RECON-
 STRUCTION  OR ACQUISITION OF AN ALTERNATIVE FUEL REFUELING FACILITY THAT
 IS DIRECTLY  ATTRIBUTABLE  TO  THE  STORAGE,  COMPRESSION,  CHARGING  OR
 DISPENSING OF ALTERNATIVE FUELS TO MOTOR VEHICLES.  THE INCOME TAX CRED-
 IT SHALL BE THIRTY PERCENT OF THE COSTS ASSOCIATED WITH SUCH EXPENSES.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER
 THIS  SECTION  FOR  ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, FIFTY PERCENT OF THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT  OF
 TAX TO BE CREDITED OR REFUNDED AS PROVIDED IN SECTION SIX HUNDRED EIGHT-

 S. 1526                             6
 
 Y-SIX OF THIS CHAPTER, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.  THE  BALANCE  OF  SUCH CREDIT NOT CREDITED OR REFUNDED IN SUCH
 TAXABLE YEAR MAY BE CARRIED OVER TO THE IMMEDIATELY  SUCCEEDING  TAXABLE
 YEAR  AND  MAY  BE  DEDUCTED  FROM THE TAXPAYER'S TAX FOR SUCH YEAR. THE
 EXCESS, IF ANY, OF THE AMOUNT OF  THE  CREDIT  OVER  THE  TAX  FOR  SUCH
 SUCCEEDING YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED
 OR  REFUNDED AS PROVIDED IN SECTION SIX HUNDRED EIGHTY-SIX OF THIS CHAP-
 TER, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   § 7. The public authorities law is amended by  adding  a  new  section
 1884 to read as follows:
   §  1884.  ALTERNATIVE  FUEL GRANTS. THE NEW YORK STATE ENERGY RESEARCH
 AND DEVELOPMENT AUTHORITY SHALL:
   1. OVERSEE AND PROMOTE RESEARCH AND DEVELOPMENT REGARDING FUEL  DIVER-
 SIFICATION AND ENERGY EFFICIENCY IN THE TRANSPORTATION SECTOR; AND
   2. PROVIDE GRANTS FOR THE CREATION OF A CELLULOSIC ETHANOL REFINERY.
   §  8.  Subdivision 10 of section 354 of the public authorities law, as
 amended by section 2 of part TT of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   10.  To  construct,  reconstruct  or  improve  on or along the thruway
 SYSTEM in the  manner  herein  provided,  suitable  facilities  for  gas
 stations,  restaurants, and other facilities for the public, or to lease
 the right to construct, reconstruct or improve and operate such  facili-
 ties;  such  facilities shall be publicly offered for leasing for opera-
 tion, or the right to construct, reconstruct or improve and operate such
 facilities shall be publicly offered under rules and regulations  to  be
 established  by the authority, provided, however, that lessees operating
 such facilities at the time this act becomes effective, may  reconstruct
 or  improve  them  or  may  construct additional like facilities, in the
 manner and upon such terms and conditions as the board shall  determine;
 AND  PROVIDED FURTHER, HOWEVER, THAT SUCH FACILITIES CONSTRUCTED, RECON-
 STRUCTED OR IMPROVED ON OR ALONG THE CANAL SYSTEM  SHALL  BE  CONSISTENT
 WITH  THE  CANAL  RECREATIONWAY  PLAN  APPROVED  PURSUANT TO SECTION ONE
 HUNDRED THIRTY-EIGHT-C OF THE CANAL LAW AND FORMER SECTION THREE HUNDRED
 EIGHTY-TWO OF THIS TITLE; AND PROVIDED FURTHER, THAT EACH SUCH  FACILITY
 WHICH CONTAINS OR CONSISTS OF A GAS STATION SHALL INCLUDE A FACILITY FOR
 SELLING  TO  THE  PUBLIC  ALTERNATIVE  FUEL, AS DEFINED IN SECTION THREE
 HUNDRED FIFTY-ONE OF THIS ARTICLE.
   § 9. Section 351 of the public authorities law is amended by adding  a
 new subdivision 11 to read as follows:
   11.  THE TERM "ALTERNATIVE FUEL" SHALL MEAN ETHANOL, METHANOL, NATURAL
 GAS, PROPANE, ELECTRICITY (INCLUDING  ELECTRICITY  FROM  SOLAR  ENERGY),
 HYDROGEN,  AND  ANY  OTHER  FUEL  IDENTIFIED  WHICH IS SUBSTANTIALLY NOT
 PETROLEUM-BASED, WHICH IS CONSISTENT WITH THE GOALS  OF  PROTECTING  THE
 SAFETY  AND  HEALTH OF THE PUBLIC AND MINIMIZING EMISSIONS OF AIR POLLU-
 TANTS, AND WHICH IS CONSISTENT WITH ANY APPLICABLE  FEDERAL  ALTERNATIVE
 FUEL REQUIREMENTS.
   §  10. The sum of eighty-two million dollars ($82,000,000), or so much
 thereof as may be necessary, is hereby appropriated as follows:   thirty
 million  dollars  for research and development in regards to fuel diver-
 sification and energy efficiency in the transportation  sector;  twenty-
 seven  million  dollars  for  the  installation  of  alternative fueling
 stations at each of the twenty-seven travel plazas on the New York state
 thruway; twenty million dollars for a cellulosic ethanol  refinery;  and
 five million dollars for administrative costs borne by the department of
 taxation and finance and the New York state energy research and develop-
 ment  authority to the department of taxation and finance; out of moneys

 S. 1526                             7
 
 in the state treasury in the general fund to the credit of the  alterna-
 tive  fuel  incentive  fund,  not otherwise appropriated, and made imme-
 diately available, for the purpose of carrying  out  the  provisions  of
 this  act.  Such moneys shall be payable on the audit and warrant of the
 comptroller on vouchers certified or approved in the  manner  prescribed
 by law.
   §  11.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law.  Effective immediately, the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.

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