FISCAL NOTE
Date Requested: January 14, 2026
Time Requested: 04:45 PM |
| Agency: |
Tax & Revenue Department, WV State |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1498 |
Introduced |
HB4035 |
|
|---|
| CBD Subject: |
Taxation |
|---|
|
FUND(S):
General Revenue Fund
Sources of Revenue:
General Fund
Legislation creates:
Decreases Existing Revenue, Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The stated purpose of this bill is to encourage and incentivize the installation, repair, and maintenance of environmental pollution control equipment at coal-fired electric generating units located in West Virginia and that serve West Virginia residents, by authorizing a credit against the business and occupation tax imposed on imposed on the business of generating electricity, thereby extending the life of coal-fired power plants, which will provide cheaper electricity to the State’s residents.
The proposed credit is equivalent to 35 percent of the amount of a taxpayer's expenditures incurred in installing, maintaining, or repairing environmental pollution control equipment during any given tax year and allows a maximum annual credit of 50 percent of the taxpayer’s Business & Occupation Tax liability. Based on current average annual investments, passage of this bill would reduce General Revenue Fund collections by up to $15 million in FY2027 and nearly $35.0 million per year in FY2028 and subsequent fiscal years. Absent an internal effective date, the provisions of this bill would take effect on January 1, 2027.
The West Virginia electric power generation industry has already benefitted from a state investment tax credit in place since 1969. The Industrial Expansion and Revitalization Tax Credit is a 10 percent investment tax credit pro-rated for use over a 10-year period. These tax credits reduced electric power industry taxes by roughly $20.3 million in 2024, and most of the tax credits were attributable to environmental remediation projects and over 95 percent of the tax credits were attributable to coal-fired electric power generation. The average annual qualified investment for the industry over the past decade was roughly $200 million for purposes of this tax credit.
Additional administrative costs incurred by the State Tax Department would be $23,650 in FY2027.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
23,650 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
1,650 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
-15,000,000 |
-35,000,000 |
Explanation of above estimates (including long-range effect):
The proposed credit is equivalent to 35 percent of the amount of a taxpayer's expenditures incurred in installing, maintaining, or repairing environmental pollution control equipment during any given tax year and allows a maximum annual credit of 50 percent of the taxpayer’s Business & Occupation Tax liability. Based on current average annual investments, passage of this bill would reduce General Revenue Fund collections by up to $15 million in FY2027 and nearly $35.0 million per year in FY2028 and subsequent fiscal years. Absent an internal effective date, the provisions of this bill would take effect on January 1, 2027.
The West Virginia electric power generation industry has already benefitted from a state investment tax credit in place since 1969. The Industrial Expansion and Revitalization Tax Credit is a 10 percent investment tax credit pro-rated for use over a 10-year period. These tax credits reduced electric power industry taxes by roughly $20.3 million in 2024, and most of the tax credits were attributable to environmental remediation projects and over 95 percent of the tax credits were attributable to coal-fired electric power generation. The average annual qualified investment for the industry over the past decade was roughly $200 million for purposes of this tax credit.
Additional administrative costs incurred by the State Tax Department would be $23,650 in FY2027.
Memorandum
The stated purpose of this bill is to encourage and incentivize the installation, repair, and maintenance of environmental pollution control equipment at coal-fired electric generating units located in West Virginia and that serve West Virginia residents, by authorizing a credit against the business and occupation tax imposed on imposed on the business of generating electricity, thereby extending the life of coal-fired power plants, which will provide cheaper electricity to the State’s residents.
The bill does not clearly define what taxes the proposed credit is taken against. For example, §11-132s(b) states the credit is taken against the credit imposed by §11-13-2o. However, §11-13-2s(d), states that the proposed credit is taken against “the taxes” owed on an annual return under
§11-13-5. Even if the cited code section contains language that states the type of tax owed, this bill should state what those taxes are.
The bill provides that the amount of the credit that can be taken in any year is limited to 50 percent of the tax owed pursuant to W. Va. Code §11-13-2o after application of other credits. Any amount remaining after application of that 50 percent cap may be carried over for a period of up to five years. There is no provision for what happens to any credit remaining after the five-year carryover period.
Person submitting Fiscal Note: Mark Muchow
Email Address: RADfiscal@wv.gov