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Engrossed Committee Substitute House Bill 2535 History

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H. B. 2535

(By Delegate Wooton)

(Originating in the Committee on Finance)

[March 23, 2009]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2 and §11-13Z-3; and to amend said code by adding thereto a new article, designated §24-2F-1 and §24-2F-2, all relating to energy systems; providing for a tax credit; requiring the Public Service Commission to adopt a rule regarding net metering; and requiring Tax Commissioner to promulgate rules for claiming and applying tax credit.

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 article, designated §11-13Z-1, §11-13Z-2 and §11-13Z-3; and that said code be amended by adding thereto a new article, designated §24-2F-1 and §24-2F-2, all to read as follows:

§11-13Z-1. Amount of credit.
Any taxpayer who installs or causes to be installed a solar energy system on property located in this state and 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.

§24-2F-1. Definitions.
Unless the context in which used clearly requires a different
meaning, as used in this article:
(1) "Customer-generator" means an electric retail customer who owns and operates a net metering system in this state.
(2) "Electric utility" means any electric distribution company or electric generation supplier that sells electricity to retail customers in this state.
(3) "Net-metering" means measuring the difference between electricity supplied by an electric utility and electricity generated from an alternative or renewable energy resource facility owned or operated by an electric retail customer when any portion of the electricity generated from the alternative or renewable energy resource facility is used to offset part or all of the electric retail customer's requirements for electricity.
§24-2F-2. 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 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.
(c) The commission shall develop these rules within twelve months of the effective date of this article.

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