NY State Senate Bill 2021-S8788

Senate Bill S8788

2021-2022 Legislative Session

Expands the solar energy system equipment tax credit to cover solar energy system equipment installed in a community solar array

download bill text pdf

Archive: Last Bill Status - In Senate Committee Budget And Revenue 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
Apr 18, 2022	referred to budget and revenue

2021-S8788 (ACTIVE) - Details

See Assembly Version of this Bill:: A9232
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in 2023-2024 Legislative Session:: S6069, A1013

2021-S8788 (ACTIVE) - Summary

Expands the solar energy system equipment tax credit to cover solar energy system equipment installed in a community solar array; defines "community solar array" to mean a location other than a person's principal residence where solar energy system equipment is owned and installed for use in such person's principal residence.

2021-S8788 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8788

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the tax law, in relation to expanding the solar energy
system equipment tax credit to cover solar energy system equipment
installed in a community solar array

 
PURPOSE:

To provide a solar energy system tax credit for ownership of a community
solar array that produces energy designed to provide heating, cooling,
hot water or electricity for use in the owner's residence.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraphs 3 and 4 of subsection (g-1) of section 606
of 2 the tax law, allowing for a solar energy system equipment tax cred-
it to be applied to a "community solar array" meaning a location other
than a person's principal residence where solar energy system equipment
is owned and installed for use in such person's principal residence.

Section 2 provides the effective date.

 
JUSTIFICATION:

New York State has established aggressive renewable energy targets in
law, requiring 70% of the state's energy be renewable by 2030 and 100%
emission free by 2040. To meet these critical goals and set a nationwide
example for a successful transition to a clean energy economy, the state
must look to reduce barriers to access for renewable energy technolo-
gies. Currently the state offers a tax credit for solar energy system
equipment, but only if it is owned and installed on-site to provide
residential power. This legislation will expand the tax credit to
include community solar arrays owned and used by a primary residence,
but installed at another location.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable years
commencing on and after January 1, 2022.

2021-S8788 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8788
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the tax law, in relation to expanding the  solar  energy
   system  equipment  tax  credit  to cover solar energy system equipment
   installed in a community solar array
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  3 and 4 of subsection (g-1) of section 606 of
 the tax law, paragraph 3 as amended by chapter 128 of the laws  of  2007
 and  paragraph  4  as  amended  by  chapter 378 of the laws of 2005, are
 amended to read as follows:
   (3) Solar energy system  equipment.  The  term  "solar  energy  system
 equipment"  shall  mean  an  arrangement  or  combination  of components
 utilizing solar radiation, which, when installed in a residence OR IN  A
 COMMUNITY  SOLAR  ARRAY,  produces  energy  designed to provide heating,
 cooling, hot water or electricity for use in such residence OR  FOR  USE
 IN A RESIDENCE CONNECTED TO A COMMUNITY SOLAR ARRAY. Such arrangement or
 components  shall not include equipment connected to solar energy system
 equipment that is a component of part or parts  of  a  non-solar  energy
 system or which uses any sort of recreational facility or equipment as a
 storage medium. Solar energy system equipment that generates electricity
 for use in a residence must conform to applicable requirements set forth
 in  section  sixty-six-j  of  the public service law. Provided, however,
 where solar energy system equipment is  purchased  and  installed  by  a
 condominium management association or a cooperative housing corporation,
 for  purposes  of this subsection only, the term "ten kilowatts" in such
 section sixty-six-j shall  be  read  as  "fifty  kilowatts."    FOR  THE
 PURPOSES  OF  THIS  SUBSECTION,  "COMMUNITY  SOLAR  ARRAY"  SHALL MEAN A
 LOCATION OTHER THAN A PERSON'S PRINCIPAL RESIDENCE  WHERE  SOLAR  ENERGY
 SYSTEM EQUIPMENT IS OWNED AND INSTALLED FOR USE IN SUCH PERSON'S PRINCI-
 PAL RESIDENCE.
   (4)  Multiple  taxpayers.  Where  solar  energy  system  equipment  is
 purchased and installed in a principal residence shared by two  or  more
 taxpayers OR IN A COMMUNITY SOLAR ARRAY, the amount of the credit allow-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14157-02-2
 S. 8788                             2
 
 able  under  this  subsection  for  each such taxpayer shall be prorated
 according to the percentage of the  total  expenditure  for  such  solar
 energy system equipment contributed by each taxpayer.
   § 2. This act shall take effect immediately and shall apply to taxable
 years commencing on and after January 1, 2022.

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