Relates to a retail filling station emergency generating system tax credit

8 Co-sponsors

• Martin J. Golden
• Greg Ball
• John J. Bonacic
• Simcha Felder
• Kemp Hannon
• George Latimer
• John L. Sampson
• James L. Seward

BILL NUMBER:S4025

Title of bill

An act to amend the public service law and the tax law, in relation to establishing the retail filling station emergency generating tax credit

Purpose

To provide a tax credit to retail fueling stations for the installation of a renewable energy generating back-up system or an emergency back-up generator

Summary of provisions

Section 1-Creates a new section 73 of the public service law to allow for the Department of Public Service to obtain information as to those businesses who have been granted a tax credit under this bill

Section 2-Amends section 210 of the tax law to create the retail filling station emergency generating system credit, defines terms, and places the value of the credit at a maximum of $5000 for a traditional back-up generator and up to $15,000 for a renewable emergency generating system.

Section 3-Amends Section 606 of the tax law to add a new clause creating this credit

Section 4- Amends Section 606 of the tax law by adding a new subsection (vv) that creates the retail filling station emergency generating system credit, defines terms, and places the value of the credit at a maximum of $5000 for a traditional back-up generator and up to $15,000 for a renewable emergency generating system.

Section 5-Sets forth the effective date

Justification

One of the many problems that New Yorkers faced in the aftermath of Hurricane Sandy was a severe shortage of available gasoline in the downstate region. This was at least partially as a result of a lack of back-up generators at retail fuel stations, which made it impossible to utilize pumps. In the aftermath of the storm the legislature and the Executive and local governments are searching for ways to make sure that should a storm like Sandy strike any part of our state in the future, we will be better prepared.

In some cases municipalities have passed local ordinances requiring filling station owners to purchase and maintain back-up generators, These ordinances place a huge mandate on local small businesses to shoulder the entire cost of installing a system, which could lead to higher retail prices and eventually less filling stations doing business in those communities. This bill seeks to address the same overall concern, but in place of a Mandate, it offers an incentive to support gas station owners who are acting to install back-up generators.

In addition to being good for business the credit is also good for the environment because it offers a larger credit of up to $15,000 for those businesses who install a renewable energy back up generating system as opposed to a traditional system. This will encourage more

owners to use renewable energy and better storage solutions, and further our state's environmental goals at the same time as our business and storm response related goals. As such, this represents a win-win for consumers, small businesses, the environment and state government alike.

Legislative History: This is a new bill

Fiscal Implications: To be determined

Effective Date: Immediately, with provisions