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Introduced Version House Bill 3118 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 3118


(By Delegates Cann, Kuhn, Kominar,
Angotti and Coleman)
[Introduced March 30, 2001; referred to the
Committee on Finance.]



A BILL to amend article thirteen-h, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to providing a business and occupation tax credit to electric power generators for use of coal mined in West Virginia by "small mining operations."

Be it enacted by the Legislature of West Virginia:
That article thirteen-h, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five, to read as follows:
ARTICLE 13H. BUSINESS AND OCCUPATION TAX CREDIT FOR INCREASED GENERATION OF ELECTRICITY.

§11-13H-5. Credit for use of domestic coal from small mining operations by electric power generators.

(a) Notwithstanding any provision in this article to the contrary, beginning the first day of January, two thousand two, any corporation generating electricity shall be allowed a credit against its liability for tax under section two-m, article thirteen of this chapter in the amount of three dollars per ton of coal mined from small mining operations in West Virginia and used by the corporation in the generation of electric power for sale, profit or commercial use. The credit allowed shall not exceed the amount of tax liability of the corporation. Any tax credit not usable for the taxable year in which it is earned may be carried over to the extent usable for the next five succeeding taxable years or until the full credit is used, whichever is sooner.
(b) For purposes of this article, "small mining operations" means: (1) West Virginia mines operated by operators who establish that their probable total annual coal production from all locations during any consecutive twelve-month period, either during the term of the existing permit or during the first five years after issuance of the permit, whichever period is shorter, will not exceed three hundred thousand tons, as determined pursuant to rules promulgated by the division; and (2) otherwise qualify for the small operator assistance program authorized under the federal surface mining control and reclamation act of 1977, as amended, and the federal regulations promulgated thereunder, as amended.

NOTE: This bill would provide a business and occupation tax credit to electric power generators for the use of each ton of coal mined in West Virginia by "small mining operations."

This section is new; therefore, strike-throughs and underscoring have been omitted.
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