Date Requested:January 24, 2011
Time Requested:04:23 PM
Agency: State Tax Department
CBD Number: Version: Bill Number: Resolution Number:
2011R1084 Introduced HB2786
CBD Subject: WOOD & PELLET STOVES
FUND(S)
General Revenue Fund
Sources of Revenue
General Fund
Legislation creates:
Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The stated purpose of this bill is to 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.
    
    According to our interpretation, this bill provides for two separate credits against Personal Income Tax. The first is a one-time credit of $300 for the purchase and installation of a new wood or pellet stove. Based upon available data, this credit would result in a decrease of less than $100,000 per year to the General Revenue Fund.
    
    The second credit is a one-time $300 credit for the purchase of wood pellets within the state of West Virginia. We are unable to estimate the loss to the General Revenue Fund from this credit. The bill does not provide any limitations on either the amount of pellets purchased or the use for such pellets (i.e., no requirement the pellets are to be used in the pellet stove); therefore this credit is very broad in nature.
    
    Additionally, taxpayers may claim a federal energy efficiency tax credit under The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, signed into law on February 17, 2010. Under this Act, taxpayers may take a $300 credit for the purchase of a biomass stove with a thermal efficiency rating of at least 75%. This credit expires on December 31, 2011. Biomass-burning stoves include wood and pellet burning stoves.
    
    There would be a one-time administrative cost of $25,600 to the State Tax Department for programming changes related to the new credit. Thereafter, there would be no additional administrative costs from the passage of this bill.
    
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2011
Increase/Decrease
(use"-")
2012
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 25,600 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 25,600 0
2. Estimated Total Revenues 0 0 0
3. Explanation of above estimates (including long-range effect):
    According to our interpretation, this bill provides for two separate credits against Personal Income Tax. The first is a one-time credit of $300 for the purchase and installation of a new wood or pellet stove. Based upon available data, this credit would result in a decrease of less than $100,000 per year to the General Revenue Fund.
    
    The second credit is a one-time $300 credit for the purchase of wood pellets within the state of West Virginia. We are unable to estimate the loss to the General Revenue Fund from this credit. The bill does not provide any limitations on either the amount of pellets purchased or the use for such pellets (i.e., no requirement the pellets are to be used in the pellet stove); therefore this credit is very broad in nature.
    
    Additionally, taxpayers may claim a federal energy efficiency tax credit under The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, signed into law on February 17, 2010. Under this Act, taxpayers may take a $300 credit for the purchase of a biomass stove with a thermal efficiency rating of at least 75%. This credit expires on December 31, 2011. Biomass-burning stoves include wood and pellet burning stoves.
    
    There would be a one-time administrative cost of $25,600 to the State Tax Department for programming changes related to the new credit. Thereafter, there would be no additional administrative costs from the passage of this bill.
    


Memorandum
Person submitting Fiscal Note:
Mark Muchow
Email Address:
kerri.r.petry@wv.gov
    The stated purpose of this bill is to 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.
    
    The proposed bill provides for two credits against Personal Income Tax, one for the purchase of a new wood or pellet stove and another credit for the purchase of wood pellets within the State of West Virginia. However, the second credit provides no direction as to the quantity of wood pellets a taxpayer must purchase to claim the one-time $300 credit. As a result, the credit could exceed the price paid for the wood pellet fuel.
    
    The proposed bill does not define the term “residential dwelling” which could encompass numerous buildings.
    
    The bill may violate the Interstate Commerce Clause of the United States Constitution in that it discriminates against out-of-state produce retailers of wood pellets.
    
    Also, the bill allows for the credit for purchases made on or after July 1, 2010. Since this date is retroactive, taxpayers could take the credit against previous years by filing an amended return.