S 3353: Provides an exemption for the sale and installation of residential and commercial geothermal heat pump systems equipment.

  
  STATE OF NEW YORK ________________________________________________________________________ 3353 2025-2026 Regular Sessions  IN SENATE January 27, 2025 ___________ Introduced by Sen. SANDERS -- 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 providing an exemption for geothermal heat pump systems equipment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of section 1115 of the tax law is amended 2 by adding a new paragraph 47 to read as follows: 3 (47) Receipts from the retail sale of residential geothermal heat pump 4 systems equipment and of the service of installing such systems shall be 5 exempt from tax under this article. For purposes of this paragraph, 6 "residential geothermal heat pump system equipment" shall mean an 7 arrangement or combination of components installed in and around a resi- 8 dential building that uses the ground or ground water as a thermal ener- 9 gy source or as a thermal energy sink designed to provide and distribute 10 heating, and/or cooling, and/or hot water, also commonly referred to as 11 ground source heat pump systems. Such arrangement or components shall 12 not include any sort of recreational facility or equipment used as a 13 storage medium. 14 § 2. Section 1115 of the tax law is amended by adding a new subdivi- 15 sion (mm) to read as follows: 16 (mm) Receipts from the retail sale of commercial geothermal heat pump 17 systems equipment and of the service of installing such systems shall be 18 exempt from taxes imposed by sections eleven hundred five and eleven 19 hundred ten of this article. For purposes of this subdivision, "commer- 20 cial geothermal heat pump system equipment" shall mean an arrangement or 21 combination of components installed in and around a commercial building 22 that uses the ground or ground water as a thermal energy source or as a 23 thermal energy sink designed to provide and distribute heating, and/or 24 cooling, and/or hot water, also commonly referred to as ground source EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01089-01-5 
 S. 3353 2 1 heat pump systems. Such arrangement or components shall not include any 2 sort of recreational facility or equipment used as a storage medium. 3 § 3. Subparagraph (xiv) of paragraph 4 of subdivision (a) of section 4 1210 of the tax law, as added by section 2 of part WW of chapter 60 of 5 the laws of 2016, is amended and a new subparagraph (xvi) is added to 6 paragraph 4 to read as follows: 7 [(xiv)] (xv) shall omit, unless such city elects otherwise, the 8 exemption for commercial fuel cell electricity generating systems equip- 9 ment and electricity generated by such equipment provided in subdivision 10 (kk) of section eleven hundred fifteen of this chapter[.]; and (xvi) 11 shall omit unless such city elects otherwise, the residential geothermal 12 heat pump systems equipment and installation exemption provided for in 13 paragraph forty-seven of subdivision (a) of section eleven hundred 14 fifteen of this chapter; and shall omit unless such city elects other- 15 wise, the commercial geothermal heat pump systems equipment and instal- 16 lation exemption provided for in subdivision (mm) of section eleven 17 hundred fifteen of this chapter. 18 § 4. Subparagraph (ii) of paragraph 1 of subdivision (a) of section 19 1210 of the tax law, as amended by section 5 of part J of chapter 59 of 20 the laws of 2021, is amended to read as follows: 21 (ii) Any local law, ordinance or resolution enacted by any city, coun- 22 ty or school district, imposing the taxes authorized by this subdivi- 23 sion, shall omit the residential solar energy systems equipment and 24 electricity exemption provided for in subdivision (ee), the commercial 25 solar energy systems equipment and electricity exemption provided for in 26 subdivision (ii), the commercial fuel cell electricity generating 27 systems equipment and electricity generated by such equipment exemption 28 provided for in subdivision (kk), the residential geothermal heat pump 29 systems equipment and installation exemption provided for in paragraph 30 forty-seven of subdivision (a), the commercial geothermal heat pump 31 systems equipment and installation exemption provided for in subdivision 32 (mm) and the clothing and footwear exemption provided for in paragraph 33 thirty of subdivision (a) of section eleven hundred fifteen of this 34 chapter, unless such city, county or school district elects otherwise as 35 to such residential solar energy systems equipment and electricity 36 exemption, such commercial solar energy systems equipment and electric- 37 ity exemption, commercial fuel cell electricity generating systems 38 equipment and electricity generated by such equipment exemption or such 39 clothing and footwear exemption, such residential geothermal heat pump 40 systems equipment and installation exemption, such commercial geothermal 41 heat pump systems equipment and installation exemption or such clothing 42 and footwear exemption. 43 § 5. Paragraph 1 of subdivision (b) of section 1210 of the tax law, as 44 amended by section 6 of part J of chapter 59 of the laws of 2021, is 45 amended to read as follows: 46 (1) Or, one or more of the taxes described in subdivisions (b), (d), 47 (e) and (f) of section eleven hundred five of this chapter, at the same 48 uniform rate, including the transitional provisions in section eleven 49 hundred six of this chapter covering such taxes, but not the taxes 50 described in subdivisions (a) and (c) of section eleven hundred five of 51 this chapter. Provided, further, that where the tax described in subdi- 52 vision (b) of section eleven hundred five of this chapter is imposed, 53 the compensating use taxes described in [clauses] paragraphs (E), (G) 54 and (H) of subdivision (a) of section eleven hundred ten of this chapter 55 shall also be imposed. Provided, further, that where the taxes described 56 in subdivision (b) of section eleven hundred five of this chapter are 
 S. 3353 3 1 imposed, such taxes shall omit: (A) the provision for refund or credit 2 contained in subdivision (d) of section eleven hundred nineteen of this 3 chapter with respect to such taxes described in such subdivision (b) of 4 section eleven hundred five unless such city or county elects to provide 5 such provision or, if so elected, to repeal such provision; (B) the 6 exemption provided in paragraph two of subdivision (ee) of section elev- 7 en hundred fifteen of this chapter unless such county or city elects 8 otherwise; (C) the exemption provided in paragraph two of subdivision 9 (ii) of section eleven hundred fifteen of this chapter, unless such 10 county or city elects otherwise; [and] (D) the exemption provided in 11 paragraph two of subdivision (kk) of section eleven hundred fifteen of 12 this chapter, unless such county or city elects otherwise; and provided 13 further that where the tax described in subdivision (f) of such section 14 eleven hundred five is imposed, such tax shall not apply to charges for 15 admission to race tracks and simulcast facilities; (E) the exemption 16 provided in paragraph forty-seven of subdivision (a) of section eleven 17 hundred fifteen of this chapter, unless such county or city elects 18 otherwise; and (F) the exemption provided in subdivision (mm) of section 19 eleven hundred fifteen of this chapter, unless such county or city 20 elects otherwise. 21 § 6. Subdivision (d) of section 1210 of the tax law, as amended by 22 section 4 of part WW of chapter 60 of the laws of 2016, is amended to 23 read as follows: 24 (d) A local law, ordinance or resolution imposing any tax pursuant to 25 this section, increasing or decreasing the rate of such tax, repealing 26 or suspending such tax, exempting from such tax the energy sources and 27 services described in paragraph three of subdivision (a) or of subdivi- 28 sion (b) of this section or changing the rate of tax imposed on such 29 energy sources and services or providing for the credit or refund 30 described in clause six of subdivision (a) of section eleven hundred 31 nineteen of this chapter, or electing or repealing the exemption for 32 residential solar equipment and electricity in subdivision (ee) of 33 section eleven hundred fifteen of this [article] chapter, or the 34 exemption for commercial solar equipment and electricity in subdivision 35 (ii) of section eleven hundred fifteen of this [article] chapter, or 36 electing or repealing the exemption for commercial fuel cell electricity 37 generating systems equipment and electricity generated by such equipment 38 in subdivision (kk) of section eleven hundred fifteen of this [article] 39 chapter, or electing or repealing the exemption for residential geother- 40 mal heat pump systems equipment and installation in paragraph forty-sev- 41 en of subdivision (a) of section eleven hundred fifteen of this chapter 42 or electing or repealing the exemption for commercial geothermal heat 43 pump systems equipment and installation in subdivision (mm) of section 44 eleven hundred fifteen of this chapter must go into effect only on one 45 of the following dates: March first, June first, September first or 46 December first; provided, that a local law, ordinance or resolution 47 providing for the exemption described in paragraph thirty of subdivision 48 (a) of section eleven hundred fifteen of this chapter or repealing any 49 such exemption or a local law, ordinance or resolution providing for a 50 refund or credit described in subdivision (d) of section eleven hundred 51 nineteen of this chapter or repealing such provision so provided must go 52 into effect only on March first. No such local law, ordinance or resol- 53 ution shall be effective unless a certified copy of such law, ordinance 54 or resolution is mailed by registered or certified mail to the commis- 55 sioner at the commissioner's office in Albany at least ninety days prior 56 to the date it is to become effective. However, the commissioner may 
 S. 3353 4 1 waive and reduce such ninety-day minimum notice requirement to a mailing 2 of such certified copy by registered or certified mail within a period 3 of not less than thirty days prior to such effective date if the commis- 4 sioner deems such action to be consistent with the commissioner's duties 5 under section twelve hundred fifty of this article and the commissioner 6 acts by resolution. Where the restriction provided for in section twelve 7 hundred twenty-three of this article as to the effective date of a tax 8 and the notice requirement provided for therein are applicable and have 9 not been waived, the restriction and notice requirement in section 10 twelve hundred twenty-three of this article shall also apply. 11 § 7. Subdivision (a) of section 1212 of the tax law, as amended by 12 section 5 of part WW of chapter 60 of the laws of 2016, is amended to 13 read as follows: 14 (a) Any school district which is coterminous with, partly within or 15 wholly within a city having a population of less than one hundred twen- 16 ty-five thousand, is hereby authorized and empowered, by majority vote 17 of the whole number of its school authorities, to impose for school 18 district purposes, within the territorial limits of such school district 19 and without discrimination between residents and nonresidents thereof, 20 the taxes described in subdivision (b) of section eleven hundred five 21 (but excluding the tax on prepaid telephone calling services) and the 22 taxes described in [clauses] paragraphs (E) and (H) of subdivision (a) 23 of section eleven hundred ten, including the transitional provisions in 24 subdivision (b) of section eleven hundred six of this chapter, so far as 25 such provisions can be made applicable to the taxes imposed by such 26 school district and with such limitations and special provisions as are 27 set forth in this article, such taxes to be imposed at the rate of one- 28 half, one, one and one-half, two, two and one-half or three percent 29 which rate shall be uniform for all portions and all types of receipts 30 and uses subject to such taxes. In respect to such taxes, all provisions 31 of the resolution imposing them, except as to rate and except as other- 32 wise provided herein, shall be identical with the corresponding 33 provisions in [such] article twenty-eight of this chapter, including the 34 applicable definition and exemption provisions of such article, so far 35 as the provisions of such article twenty-eight of this chapter can be 36 made applicable to the taxes imposed by such school district and with 37 such limitations and special provisions as are set forth in this arti- 38 cle. The taxes described in subdivision (b) of section eleven hundred 39 five (but excluding the tax on prepaid telephone calling service) and 40 [clauses] paragraphs (E) and (H) of subdivision (a) of section eleven 41 hundred ten, including the transitional provision in subdivision (b) of 42 such section eleven hundred six of this chapter, may not be imposed by 43 such school district unless the resolution imposes such taxes so as to 44 include all portions and all types of receipts and uses subject to tax 45 under such subdivision (but excluding the tax on prepaid telephone call- 46 ing service) and [clauses] paragraphs. Provided, however, that, where a 47 school district imposes such taxes, such taxes shall omit the provision 48 for refund or credit contained in subdivision (d) of section eleven 49 hundred nineteen of this chapter with respect to such taxes described in 50 such subdivision (b) of section eleven hundred five unless such school 51 district elects to provide such provision or, if so elected, to repeal 52 such provision, and shall omit the exemptions provided in paragraph two 53 of subdivision (ee) and paragraph two of subdivision (ii) of section 54 eleven hundred fifteen of this chapter unless such school district 55 elects otherwise, and shall omit the exemption provided in paragraph two 56 of subdivision (kk) of section eleven hundred fifteen of this chapter 
 S. 3353 5 1 unless such school district elects otherwise, and shall omit the 2 exemption provided in paragraph forty-seven of subdivision (a) of 3 section eleven hundred fifteen of this chapter unless such school 4 district elects otherwise, and shall omit the exemption provided in 5 subdivision (mm) of section eleven hundred fifteen of this chapter 6 unless such school district elects otherwise. 7 § 8. Section 1224 of the tax law is amended by adding two new subdivi- 8 sions (c-3) and (c-4) to read as follows: 9 (c-3) Notwithstanding any other provision of law: (1) Where a county 10 containing one or more cities with a population of less than one million 11 has elected the exemption for residential geothermal heat pump systems 12 equipment and installation provided in paragraph forty-seven of subdivi- 13 sion (a) of section eleven hundred fifteen of this chapter, a city with- 14 in such county shall have the prior right to impose tax on such exempt 15 equipment and/or installation to the extent of one half of the maximum 16 rates authorized under subdivision (a) of section twelve hundred ten of 17 this article; 18 (2) Where a city of less than one million has elected the exemption 19 for residential geothermal heat pump systems equipment and installation 20 provided in paragraph forty-seven of subdivision (a) of section eleven 21 hundred fifteen of this chapter, the county in which such city is 22 located shall have the prior right to impose tax on such exempt equip- 23 ment and/or installation to the extent of one half of the maximum rates 24 authorized under subdivision (a) of section twelve hundred ten of this 25 article. 26 (c-4) Notwithstanding any other provision of law: (1) Where a county 27 containing one or more cities with a population of less than one million 28 has elected the exemption for commercial geothermal heat pump systems 29 equipment and installation provided in subdivision (mm) of section elev- 30 en hundred fifteen of this chapter, a city within such county shall have 31 the prior right to impose tax on such exempt equipment and/or installa- 32 tion to the extent of one half of the maximum rates authorized under 33 subdivision (a) of section twelve hundred ten of this article; 34 (2) Where a city of less than one million has elected the exemption 35 for commercial geothermal heat pump systems equipment and installation 36 provided in subdivision (mm) of section eleven hundred fifteen of this 37 chapter, the county in which such city is located shall have the prior 38 right to impose tax on such exempt equipment and/or installation to the 39 extent of one half of the maximum rates authorized under subdivision (a) 40 of section twelve hundred ten of this article. 41 § 9. This act shall take effect on the first day of a sales tax quar- 42 terly period, as described in subdivision (b) of section 1136 of the tax 43 law, beginning at least ninety days after the date this act shall have 44 become a law and shall apply to sales made on or after such date.