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S3677Senate2015-2016 Session

Exempts the sale and installation of fuel cell electric generating systems equipment from sales and compensating use taxes

Sponsor Rich FunkeSD-55+1 co-sponsorAffects Environment & Energy
Status
In Senate Committee
Energy And Telecommunications
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Energy And Telecommunications

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Who cares

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Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

Chair, Elections

1 Co-sponsor

History

  1. Print number 3677a
  2. Amend and recommit to energy and telecommunications
  3. Referred to energy and telecommunications
  4. Committed to rules
  5. Advanced to third reading
  6. 2nd report cal.
  7. 1st report cal.190
  8. Referred to energy and telecommunications

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the tax law, in relation to exempting the sale or lease and installation of commercial fuel cell electric generating equipment or the sale of electricity generated by such equipment from state sales and compensating use tax and granting municipalities the option to grant such exemption

Purpose

To provide a tax exemption for the retail sale of and service of installing commercial fuel cell electric generating equipment.

Summary of provisions

Adds a new subdivision (kk) of section 1115 of the tax law to exempt the retail sale or lease of commercial fuel cell electric generating systems equipment and of the service of installing such systems or the sale of electricity generated by such systems from the sales tax imposed by section 1105 and 1111 of this article. In addition, the term "fuel cell electricity generating system equipment" is defined. Amends paragraph 1 of subdivision (a) of section 1210 of the tax law to include the exemption of commercial fuel cell electric generating equipment Adds a new subdivision (q) of section 1210 of the tax law to allow any city with a population of one million or more, acting through its local legislative body, to have the authority to provide the same exemptions for commercial fuel cell electric generating equipment from state sales and compensating use taxes described in subdivision (ii) of section 1115 of this chapter. Such local legislative body shall provide such exemption by enacting a resolution.

Read the full memo (601 words)

Existing law

These systems are not currently exempt from sales tax.

Justification

Fuel cell electric generating technology has many advantages. Fuel cells commonly provide power to host facilities during power outages, enhancing storm response, and allowing critical facilities to remain operational in such events, The fuel flexibility of this technology unlocks a large portfolio of locally available fuels and the' existing fuel infrastructure, which has the potential to increase the reliability of the power system and to keep more energy dollars in New York State. Fuel cells commonly provide power to host facilities during power outages, enhancing storm response, and allowing critical facilities to remain operational in such events. Fuel cells are exceptionally efficient, they can stretch available supplies of fuel, reduce energy costs and help reduce our dependence on foreign oil. The scalability and resiliency of fuel cells makes them suitable for a wide range of heat and power needs in electronics, homes, offices, and factories. In addition, this technology has a low impact on their surroundings, with near-silent operation and low emissions, making them suitable in locations where combustion systems may not be appropriate. Also, fuel cells may be used in conjunction with solar panels or wind farms to produce electricity when renewable energy is unavailable. The high capacity factors, fuel and efficiency, associated with this technology make it equal or superior to renewable technologies in the displacement of conventional fossil generation, leading to lower air emissions, including carbon. For these reasons, such technologies should be treated equally to renewable technologies determining the eligibility of a tax exemption for the retail sale of commercial fuel cell electric generating technologies. Qualified fuel cell electric generating expenditures would include the material and installation costs to produce energy designed to provide heating, cooling, hot water, or electricity for commercial use.

Fiscal implications

None.

Legislative history

S.2448B of 2013-14: Reported to Finance

Effective date

This act shall take effect immediately, provided that section one of this act shall take effect on the first of January next succeeding the date on which this act shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.