H. B. 2786

         (By Delegates Boggs, Barker, T. Campbell,

                    Reynolds and Talbott)

         [Introduced January 11

, 2012; referred to the

Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to allowing a credit against state personal income tax for the purchase of new wood or pellet stove, and the purchase of wood pellets within the State of West Virginia; and establishing the qualifying performance criteria for those stoves.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-21-10b, to read as follows:

ARTICLE 21. PERSONAL INCOME TAX.

§11-21-10b. Credit for wood and pellet stoves.

    (a) A one-time $300 credit against the tax imposed by the provisions of this article shall be allowed for a new wood or pellet stove: Provided, That the equipment:

    (1) Is purchased on or after July 1, 2010;

    (2) Produces less than 250,000 British thermal units (BTU) per hour heat input;

    (3) Is installed in a residential dwelling within this state; and

    (4) Is listed in the United States Environmental Protection Agency (EPA) List of EPA certified wood stoves or has a certificate of performance from a currently EPA certified wood stove testing laboratory. All must show:

    (A) A noncatalytic wood stove with emissions of 4.5 grams of smoke per hour or less; or

    (B) A catalytic wood or pellet stove with emissions of 2.5 grams of smoke per hour or less.

    (b) An additional one-time $300 credit against the tax imposed by the provisions of this article shall also be allowed for the purchase of wood pellets within the State of West Virginia.

    NOTE: This bill shall allow a credit against state personal income tax for the purchase of a new wood or pellet stove, as well as a credit for the purchase of wood pellets within the State of West Virginia.

    This section is new; therefore, it has been completely underscored.