H. B. 4612
(By Delegates Walters, Eldridge, Craig, Kominar,
Manchin, Ross, Stowers, Shott, Campbell,
Skaff and Rodighiero)
[Introduced February 22, 2010; 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 §11-13A-3f, relating
to imposing a severance tax on the generation of wind power
into a renewable energy resource; establishing the rate of
tax; creating the "Clean Coal Technology Research Fund";
dedicating the tax proceeds to be expended on clean coal
technology research; and authorizing the Division of Natural
Resources, with oversight from the West Virginia clean coal
technology council, to expend these proceeds with legislative
approval.
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 §11-13A-3f, to read as
follows:
ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.
§11-13A-3f. Imposition of tax on privilege of severing wind power.
(a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of severing wind power
for generation into a renewable energy resource for sale, profit or
commercial use, there is hereby levied and shall be collected from
every person exercising this privilege an annual severance tax.
(b) Rate and measure of tax. -- The tax imposed in subsection
(a) of this section is $4 for every megawatt-hour.
(c) Tax in addition to other taxes. -- The tax imposed by this
section applies to all persons severing wind power in this state
and is in addition to all other taxes imposed by law.
(d) Dedication of taxes collected, creation of fund. --
(1) There is established in the State Treasury a fund entitled
the "Clean Coal Technology Research Fund" which shall be a
revolving fund that shall carry over each fiscal year. The taxes
collected under the provisions of this section shall be deposited
in the Clean Coal Technology Research Fund and are dedicated to the
research, study and promotion of clean coal technology.
(2) The Director of the Division of Natural Resources or his
or her designee shall, with oversight of the West Virginia clean
coal technology council pursuant to section two, article three,
chapter five-c of this code, may expend from the fund only in
accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
of this code.
NOTE: The purpose of this bill is to impose a severance tax on the generation of wind power into a renewable energy resource at
rate of $4 for every megawatt-hour; creating the "Clean Coal
Technology Research Fund"; dedicating the tax proceeds to be
expended on clean coal technology research; and authorizing the
Division of Natural Resources, with oversight from the West
Virginia clean coal technology council, to expend these proceeds
with legislative approval.
This section is new; therefore, it has been completely
underscored.
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