Introduced Version House Bill 2535 History

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H. B. 2535

(By Delegate Wooton)
[Introduced February 17, 2009; 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 article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3 and §11-13Z-4, all relating to creating a tax credit for certain solar energy systems; providing for restrictions of use; requiring public electric utilities to credit customers for excess electricity generated; 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, §11-13Z-3 and §11-13Z-4, all to read as follows:
§11-13Z-1. Amount of credit.
Any person who installs a solar energy system on property owned by the taxpayer and used as a residence after July 1, 2009 shall qualify for a state personal income tax credit of 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 generate electricity, to heat or cool a structure or 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 and must derive at least fifty percent of its energy to heat or cool from the sun.
§11-13Z-3. Net-metering; credit by public electric utilities for excess electricity generated.

If the solar energy system generates electricity in excess of the monthly retail consumption of electricity of the customer's residence, public electric utilities shall allow the customer owner an offset for the electricity generated from the solar energy system on the customer's side of the meter connected to the residence. If the customer generates electricity in excess of that customers's monthly consumption, all excess energy expressed in kilowatt-hours shall be carried forward from month to month and credited against the person's energy consumption, expressed in kilowatt-hours, in subsequent months at the rate of one and one-half cents a kilowatt hour for the excess electricity generated by the customer's solar energy system and transmitted to the electric utility grid. Public electric utilities shall provide net metering service at nondiscriminating rates and allow the residence owner to generate electricity subject to net metering up to twenty-five kilowatts.
§11-13Z-4. 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.

NOTE: The purpose of this bill is to give credit for energy savings when a solar energy system is installed on a residential property.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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