S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1013
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Ways and Means
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03434-01-3
              

 A. 1013                             2
 
   (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-
 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, 2023.