By Mr. Speaker, Mr. Chambers, and Delegates Rowe, Staton, Burk and Ashley
H. C. R. 37 --"Requesting the Joint Committee on Government and Finance, in cooperation with the Secretary of Tax and Revenue, create an interim committee to study the taxation of pollution control facilities, and to develop appropriate policies and procedures respecting the property tax assessment of personal property installed at coal waste electric generating facilities."
Whereas, The development of environmentally productive coal waste electric generating facilities that create new jobs and new property tax revenues is in the best interest of the citizens of this State; and
Whereas, The West Virginia Legislature acted to encourage the installation of some types of pollution control facilities in 1973 by enacting chapter eleven, article six-a which provides special property tax valuation treatment for such pollution control facilities; and
Whereas, Since 1992 three new coal waste electric generating plants, one in each of Monongalia, Grant and Marion Counties, have become operational in West Virginia employing technology and equipment not available in 1973 to burn and dispose of coal waste and generate electricity; and
Whereas, The property tax treatment of coal waste electric generating facilities under said article six-a, as expressed and applied by the State Department of Tax and Revenue, is now in dispute in Monongalia County with respect to the plant located in Monongalia County; and
Whereas, The appropriate manner for valuing personal property associated with coal waste electric generating facilities is of great concern to the citizens of this State; to the employees of the three coal waste electric generating facilities and to those employees filling the hundreds of indirectly affected jobs; to West Virginia University and its students; to all of the counties in this State in which gob piles are located; and to other potential developers of these types of facilities as they evaluate investing in this State; therefore, be it
Resolved by the Legislature of West Virginia:
That, without intending to affect any pending litigation, the Legislature finds the issues relating to the application of said article six-a to personal property installed at such coal waste electric generating facilities is a matter of great concern and importance to the State and its citizens; and, be it
Further Resolved, That in order to study article six-a and to address the issues involved in determining sound policies and procedures respecting the appropriate manner of assessment for personal property installed at coal waste electric generating facilities that a seven member subcommittee, consisting of three members of the House to be appointed by its Speaker, three members of the Senate appointed by its President and the Secretary of Tax and Revenue, is directed to examine the provisions of chapter eleven, article six-a of the West virginia code, as amended, as well as policies and practices adopted by other states in this area of great public importance to report their recommendations for any statutory revisions to the Joint Committee no later than January 1, 1995, so that the Legislature can take any necessary actions during the 1994-1995 session.