S 7073: Provides an exemption for the sale of the first $35,000 for a battery, electric, or plug-in hybrid electric vehicle from state sales and compensating use taxes; authorizes local governments to elect such incentives; repeals the hybrid exemption after ten years.

  
  STATE OF NEW YORK ________________________________________________________________________ 7073 2025-2026 Regular Sessions  IN SENATE April 1, 2025 ___________ Introduced by Sen. FAHY -- 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 exempting the sale of the first thirty-five thousand dollars of a battery, electric, or plug-in hybrid electric vehicle from state sales and compensating use taxes, and to authorize cities and counties to elect such exemption 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) (i) Half of the receipts from the first thirty-five thousand 4 dollars of the retail sale or lease of a new battery, electric, or plug- 5 in hybrid electric vehicle. For purposes of this paragraph the term 6 "battery, electric, or plug-in hybrid electric vehicle" means a motor 7 vehicle, as defined in section one hundred twenty-five of the vehicle 8 and traffic law, that: 9 (A) has four wheels; 10 (B) was manufactured for use primarily on public streets, roads and 11 highways; 12 (C) the powertrain of which has not been modified from the original 13 manufacturer's specifications; 14 (D) is rated at not more than eight thousand five hundred pounds gross 15 vehicle weight, or is a school bus, as defined in section one hundred 16 forty-two of the vehicle and traffic law; 17 (E) has a maximum speed capability of at least fifty-five miles per 18 hour; and 19 (F) is propelled at least in part by an electronic motor and associ- 20 ated power electronics which provide acceleration torque to the drive 21 wheels sometime during normal vehicle operation, and that draws elec- 22 tricity from a battery that: 23 (I) has a capacity of not less than four kilowatt hours; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07767-03-5 
 S. 7073 2 1 (II) is capable of being recharged from an external source of elec- 2 tricity. 3 (ii) All of the receipts from the first thirty-five thousand dollars 4 of the retail sale or lease of a new battery, electric, or plug-in 5 hybrid electric vehicle, where such vehicle is assembled in the United 6 States utilizing union labor. 7 § 2. Section 1160 of the tax law is amended by adding a new subdivi- 8 sion (d) to read as follows: 9 (d) The new battery, electric, or plug-in hybrid electric vehicles 10 exemption provided for in paragraph forty-seven of subdivision (a) of 11 section eleven hundred fifteen of this chapter shall not apply to or 12 limit the imposition of the tax imposed pursuant to this article. 13 § 3. Subparagraph (ii) of paragraph 1 of subdivision (a) of section 14 1210 of the tax law, as amended by section 5 of part J of chapter 59 of 15 the laws of 2021, is amended to read as follows: 16 (ii) Any local law, ordinance or resolution enacted by any city, coun- 17 ty or school district, imposing the taxes authorized by this subdivi- 18 sion, shall omit the residential solar energy systems equipment and 19 electricity exemption provided for in subdivision (ee), the commercial 20 solar energy systems equipment and electricity exemption provided for in 21 subdivision (ii), the commercial fuel cell electricity generating 22 systems equipment and electricity generated by such equipment exemption 23 provided for in subdivision (kk) [and], the clothing and footwear 24 exemption provided for in paragraph thirty of subdivision (a) of section 25 eleven hundred fifteen of this chapter, and the battery, electric, or 26 plug-in hybrid electric vehicle exemption provided for in paragraph 27 forty-seven of subdivision (a) of section eleven hundred fifteen of this 28 chapter unless such city, county or school district elects otherwise as 29 to such residential solar energy systems equipment and electricity 30 exemption, such commercial solar energy systems equipment and electric- 31 ity exemption, commercial fuel cell electricity generating systems 32 equipment and electricity generated by such equipment exemption [or], 33 such clothing and footwear exemption, or such battery, electric, or 34 plug-in hybrid electric vehicle exemption provided for in paragraph 35 forty-seven of subdivision (a) of section eleven hundred fifteen of this 36 chapter. 37 § 4. Paragraph 47 of subdivision (a) of section 1115 of the tax law, 38 as added by section one of this act, is amended to read as follows: 39 (47) (i) Half of the receipts from the first thirty-five thousand 40 dollars of the retail sale or lease of a new battery[,] or electric[, or 41 plug-in hybrid electric] vehicle. For purposes of this paragraph the 42 term "battery[,] or electric[, or plug-in hybrid electric] vehicle" 43 means a motor vehicle, as defined in section one hundred twenty-five of 44 the vehicle and traffic law, that: 45 (A) has four wheels; 46 (B) was manufactured for use primarily on public streets, roads and 47 highways; 48 (C) the powertrain of which has not been modified from the original 49 manufacturer's specifications; 50 (D) is rated at not more than eight thousand five hundred pounds gross 51 vehicle weight, or is a school bus, as defined in section one hundred 52 forty-two of the vehicle and traffic law; 53 (E) has a maximum speed capability of at least fifty-five miles per 54 hour; and 55 (F) is propelled [at least in part] by an electronic motor and associ- 56 ated power electronics which provide acceleration torque to the drive 
 S. 7073 3 1 wheels sometime during normal vehicle operation, and that draws elec- 2 tricity from a battery that: 3 (I) has a capacity of not less than four kilowatt hours; and 4 (II) is capable of being recharged from an external source of elec- 5 tricity. 6 (ii) All of the receipts from the first thirty-five thousand dollars 7 of the retail sale or lease of a new battery[,] or electric[, or plug-in 8 hybrid electric] vehicle, where such vehicle is assembled in the United 9 States utilizing union labor. 10 § 5. Subdivision (d) of section 1160 of the tax law, as added by 11 section two of this act, is amended to read as follows: 12 (d) The new battery[,] or electric[, or plug-in hybrid electric] vehi- 13 cles exemption provided for in paragraph forty-seven of subdivision (a) 14 of section eleven hundred fifteen of this chapter shall not apply to or 15 limit the imposition of the tax imposed pursuant to this article. 16 § 6. Subparagraph (ii) of paragraph 1 of subdivision (a) of section 17 1210 of the tax law, as amended by section three of this act, is amended 18 to read as follows: 19 (ii) Any local law, ordinance or resolution enacted by any city, coun- 20 ty or school district, imposing the taxes authorized by this subdivi- 21 sion, shall omit the residential solar energy systems equipment and 22 electricity exemption provided for in subdivision (ee), the commercial 23 solar energy systems equipment and electricity exemption provided for in 24 subdivision (ii), the commercial fuel cell electricity generating 25 systems equipment and electricity generated by such equipment exemption 26 provided for in subdivision (kk), the clothing and footwear exemption 27 provided for in paragraph thirty of subdivision (a) of section eleven 28 hundred fifteen of this chapter, and the battery[,] or electric[, or 29 plug-in hybrid electric] vehicle exemption provided for in paragraph 30 forty-seven of subdivision (a) of section eleven hundred fifteen of this 31 chapter unless such city, county or school district elects otherwise as 32 to such residential solar energy systems equipment and electricity 33 exemption, such commercial solar energy systems equipment and electric- 34 ity exemption, commercial fuel cell electricity generating systems 35 equipment and electricity generated by such equipment exemption, such 36 clothing and footwear exemption, or such battery[,] or electric[, or 37 plug-in hybrid electric] vehicle exemption provided for in paragraph 38 forty-seven of subdivision (a) of section eleven hundred fifteen of this 39 chapter. 40 § 7. This act shall take effect on the first day of a sales tax quar- 41 terly period, as described in subdivision (b) of section 1136 of the tax 42 law, beginning at least one hundred twenty days after the date this act 43 shall have become a law and shall apply to sales made on or after such 44 date; provided, however, that sections four, five and six of this act 45 shall take effect ten years after such effective date and shall apply to 46 sales made on and after such date.