HB2535 H EIL AM 3-16
The Committee on Energy, Industry and Labor moved to amend the
bill following the enacting section, by striking the remainder of
the bill and inserting in lieu thereof the following:
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ARTICLE 13Z. RESIDENTIAL SOLAR ENERGY TAX CREDIT.
§11-13Z-1. Amount of credit.
Any taxpayer who installs or causes to be installed a solar
energy system on property owned by the taxpayer and used as a
residence after July 1, 2009, shall be allowed a credit against the
taxes imposed in article twenty-one of this chapter in an amount
equal to thirty percent of the cost to purchase and install the
system up to a maximum amount of $2,000.
§11-13Z-2. Restrictions.
In order to receive the credit for a solar energy system on
residential property, the system must use solar energy to:
(1) generate electricity;
(2) heat or cool a structure; or
(3) provide hot water for use in the structure or to provide
solar process heat: Provided, That this does not include a
swimming pool, hot tub or any other energy storage medium that has
a function other than storage; Provided, however, that the system
used to provide hot water must derive at least fifty percent of its
energy to heat or cool from the sun.
§11-13Z-3. Carryover credit allowed; Tax Commissioner to
promulgate rules.
If the credit earned in the year the solar energy system is
installed exceeds the allowable tax credit amount the residential
property owner may claim for that taxable year, the excess credit
may be carried over for the next taxable year. If the amount of
the credit exceeds the taxpayer's liability for the taxable year,
the amount which exceeds the tax liability may be carried over and
applied as a credit against the tax liability of the taxpayer
pursuant to the provisions of article twenty-one of this chapter to
each of the next taxable years unless sooner used.
The State Tax Commissioner shall promulgate legislative rules
pursuant to the provisions of chapter twenty-nine-a of this code
regarding the applicability, method of claiming of the credit,
recapture of the credit and documentation necessary to claim the
credit allowed by this article.
§11-13Z-4. Net-metering; credit by public electric utilities for
excess electricity generated.
(a) The public service commission shall adopt a rule
requiring all electric utilities to provide a rebate or discount at
fair value, to be determined by the commission, to customer-
generators for any electricity generation that is delivered to the
utility under a net metering arrangement.
(b) The commission shall also consider adopting, by rule, a
requirement that all sellers of electricity to retail customers in the state, including rural electric cooperatives, municipally-owned
electric facilities or utilities serving less than thirty thousand
residential electric customers in this state,
offer net metering
rebates or discounts to customer-generators.
(c) The commission shall institute a general investigation for
the purpose of adopting rules pertaining to net metering and the
interconnection of eligible electric generating facilities intended
to operate in parallel with an electric utility's system. As part
of its investigation, the commission shall take into consideration
rules of other states within the applicable region of the regional
transmission organization, as that term is defined in 18 C.F.R.
§35.34
, that manages a utility's transmission system in any part of
this state. Furthermore, the commission shall consider increasing
the allowed kilowatt capacity for commercial customer-generators to
an amount not to exceed five hundred kilowatts, and for industrial
customer-generators to an amount not to exceed two megawatts. The
commission shall further consider interconnection standards for
combined heat and power.
(d) The commission shall develop these rules within twelve
months of the effective date of this article.
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