S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2493
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 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-B of the tax law is amended  by  adding  a  new
 subdivision 61 to read as follows:
   61.  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 TWENTY-
 SIX AND ENDING BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY 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  THEIR  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
 PROPELLED  BY  ELECTRIC MOTORS USING ELECTRIC ENERGY STORED IN BATTERIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05932-01-5
              

 A. 2493                             2
 
 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.
   §  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  TWENTY-
 SIX AND ENDING BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY 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 SUCH TAXPAYER'S PRINCIPAL RESI-
 DENCE, 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
 PROPELLED  BY  ELECTRIC MOTORS USING ELECTRIC ENERGY STORED IN BATTERIES
 A. 2493                             3
 
 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.
   § 3. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended  by  adding a new clause (1ii) to read as
 follows:
 
 (LII) CREDIT FOR                     AMOUNT OF CREDIT
 ELECTRICAL OUTLETS FOR CHARGING      UNDER SUBDIVISION
 ELECTRIC CARS IN CERTAIN             SIXTY-ONE OF SECTION
 PARKING GARAGES UNDER SUBSECTION     TWO HUNDRED TEN-B
 (G-3)
 
   § 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 are authorized to be made on or
 before such date.