Bill Text: HI HB2511 | 2016 | Regular Session | Amended

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Bill Title: Renewable Energy; Solar and Wind Energy Property; Tax Credit

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced - Dead) 2016-02-12 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with Representative(s) Jordan voting aye with reservations; none voting no (0) and Representative(s) Tokioka excused (1). [HB2511 Detail]

Download: Hawaii-2016-HB2511-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2511
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ENERGY STORAGE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Hawaii's dependency on imported fuel drains the State's economy of billions of dollars each year.  A stronger local economy depends on a transition away from imported fuels and toward renewable local resources that provide a secure source of affordable energy.

     The legislature also finds that alternative energy technologies have advanced significantly in recent years, leading to an explosion in new markets, jobs, and local energy sources.  Due to these and other advances, Hawaii has made significant progress toward energy independence.

     The legislature further finds that Hawaii is in a period of significant transition.  In 2015, the legislature increased the State's clean energy goals from forty per cent renewable energy by 2030 to one hundred per cent renewable energy by 2045.  The public utilities commission closed the State's net energy metering program and created two new distributed energy options:  grid-supply and self-supply systems.  Grid-supply systems allow the customer to export excess energy onto the electrical grid.  The public utilities commission capped the grid-supply system, and the cap limit will likely be reached by June 2016.  Self-supply systems allow the customer to generate on-site electricity, but the customer may not export energy onto the grid.  Most self-supply systems require a form of storage to be viable, and self-supply systems with storage can provide many useful services to the electrical grid for the benefit of the utility and all customers.

     The purpose of this Act is to update the renewable energy technologies income tax credit to reflect recent changes in clean energy technology and state policy, and to ensure that the State will continue to make robust progress toward its clean energy goal of one hundred per cent renewable energy by 2045.

     SECTION 2.  Section 196-6.5, Hawaii Revised Statutes, is amended to read as follows:

     "§196-6.5  Solar water heater system required for new single-family residential construction.  (a)  On or after January 1, 2010, no building permit shall be issued for a new single-family dwelling that does not include a solar water heater system that meets the standards established pursuant to section 269-44, unless the coordinator approves a variance.  A variance application shall only be accepted if submitted by an architect or mechanical engineer licensed under chapter 464, who attests that:

     (1)  Installation is impracticable due to poor solar resource;

     (2)  Installation is cost-prohibitive based upon a life cycle cost-benefit analysis that incorporates the average residential utility bill and the cost of the new solar water heater system with a life cycle that does not exceed fifteen years;

     (3)  A renewable energy technology system[, as defined in section 235-12.5,] is substituted for use as the primary energy source for heating water; or

     (4)  A demand water heater device approved by Underwriters Laboratories, Inc., is installed; provided that at least one other gas appliance is installed in the dwelling.  For the purposes of this paragraph, "demand water heater" means a gas-tankless instantaneous water heater that provides hot water only as it is needed.

     (b)  A request for a variance shall be submitted to the coordinator on an application prescribed by the coordinator and shall include a description of the location of the property and justification for the approval of a variance using the criteria established in subsection (a).  A variance shall be deemed approved if not denied within thirty working days after receipt of the variance application.  The coordinator shall publicize:

     (1)  All applications for a variance within seven days after receipt of the variance application; and

     (2)  The disposition of all applications for a variance within seven days of the determination of the variance application.

     (c)  The director of business, economic development, and tourism may adopt rules pursuant to chapter 91 to impose and collect fees to cover the costs of administering variances under this section.  The fees, if any, shall be deposited into the energy security special fund established under section 201-12.8.

     (d)  Nothing in this section shall preclude any county from establishing procedures and standards required to implement this section.

     (e)  Nothing in this section shall preclude participation in any utility demand-side management program or public benefits fee program under part VII of chapter 269.

     (f)  As used in this section, "renewable energy technology system" means a new system that captures and converts a renewable source of energy, such as solar or wind energy, into:

     (1)  A usable source of thermal or mechanical energy;

     (2)  Electricity; or

     (3)  Fuel."

     SECTION 3.  Section 235-12.5, Hawaii Revised Statutes, is amended to read as follows:

     "§235-12.5  Energy Properties; income tax credit.  (a)  When the requirements of subsection (d) are met, each individual or corporate taxpayer that files an individual or corporate net income tax return for a taxable year may claim a tax credit under this section against the Hawaii state individual or corporate net income tax.  The tax credit may be claimed for every eligible [renewable energy technology system] energy property that is [installed and] placed in service in the State by a taxpayer during the taxable year.  The [tax credit may be claimed as follows:

     (1)  For each solar energy system:  thirty-five per cent of the actual cost or the cap amount determined in subsection (b), whichever is less; or

     (2)  For each wind-powered energy system:  twenty per cent of the actual cost or the cap amount determined in subsection (b), whichever is less;

provided that multiple] amount of the tax credit and the requirement to claim a tax credit under this section shall be determined in accordance with section 48, of the Internal Revenue Code of 1986, as amended, in the case of a business tax credit, and section 25, of the Internal Revenue Code of 1986, as amended, in the case of an individual tax credit, and regulations and administrative guidance and pronouncements promulgated thereunder.

Multiple owners of [a single system] an energy property shall be entitled to a single tax credit; [and] provided [further] that the tax credit shall be apportioned between the owners in proportion to their contribution to the cost of the [system] energy property.

     In the case of a partnership, S corporation, estate, or trust, the tax credit allowable is for every eligible [renewable energy technology system] energy property that is [installed and] placed in service in the State by the entity.  The cost upon which the tax credit is computed shall be determined at the entity level.  Distribution and share of credit shall be determined pursuant to section 235-110.7(a).

     [(b)  The amount of credit allowed for each eligible renewable energy technology system shall not exceed the applicable cap amount, which is determined as follows:

     (1)  If the primary purpose of the solar energy system is to use energy from the sun to heat water for household use, then the cap amounts shall be:

         (A)  $2,250 per system for single-family residential property;

         (B)  $350 per unit per system for multi-family residential property; and

         (C)  $250,000 per system for commercial property;

     (2)  For all other solar energy systems, the cap amounts shall be:

         (A)  $5,000 per system for single-family residential property; provided that if all or a portion of the system is used to fulfill the substitute renewable energy technology requirement pursuant to section 196-6.5(a)(3), the credit shall be reduced by thirty-five per cent of the actual system cost or $2,250, whichever is less;

         (B)  $350 per unit per system for multi-family residential property; and

         (C)  $500,000 per system for commercial property; and

     (3)  For all wind-powered energy systems, the cap amounts shall be:

         (A)  $1,500 per system for single-family residential property; provided that if all or a portion of the system is used to fulfill the substitute renewable energy technology requirement pursuant to section 196-6.5(a)(3), the credit shall be reduced by twenty per cent of the actual system cost or $1,500, whichever is less;

         (B)  $200 per unit per system for multi-family residential property; and

         (C)  $500,000 per system for commercial property.

     (c)] (b)  For the purposes of this section:

     ["Actual cost" means costs related to the renewable energy technology systems under subsection (a), including accessories and installation, but not including the cost of consumer incentive premiums unrelated to the operation of the system or offered with the sale of the system and costs for which another credit is claimed under this chapter.

     "Household use" means any use to which heated water is commonly put in a residential setting, including commercial application of those uses.

     "Renewable energy technology system" means a new system that captures and converts a renewable source of energy, such as solar or wind energy, into:

     (1)  A usable source of thermal or mechanical energy;

     (2)  Electricity; or

     (3)  Fuel.

     "Solar or wind energy system" means any identifiable facility, equipment, apparatus, or the like that converts solar or wind energy to useful thermal or electrical energy for heating, cooling, or reducing the use of other types of energy that are dependent upon fossil fuel for their generation.]

     "Energy property" has the same meaning defined in section 48 of the Internal Revenue Code of 1986, as amended, and the regulations and administrative guidance and pronouncements promulgated thereunder.

     "Solar energy property" has the same meaning defined in Treasury Regulations section 1.48-9(d), and the administrative guidance and pronouncements promulgated thereunder.

     [(d)] (c)  For taxable years beginning after December 31, 2005, the dollar amount of any utility rebate shall be deducted from the cost of the qualifying [system] energy property and its installation before applying the state tax credit.

     [(e)] (d)  The director of taxation shall prepare any forms that may be necessary to claim a tax credit under this section[, including forms identifying the technology type of each tax credit claimed under this section, whether for solar or wind].  The director may also require the taxpayer to furnish reasonable information to ascertain the validity of the claim for credit made under this section and may adopt rules necessary to effectuate the purposes of this section pursuant to chapter 91.

     [(f)] (e)  If the tax credit under this section exceeds the taxpayer's income tax liability, the excess of the credit over liability may be used as a credit against the taxpayer's income tax liability in subsequent years until exhausted, unless otherwise elected by the taxpayer pursuant to subsection (f) or (g) [or (h)].  All claims for the tax credit under this section, including amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed.  Failure to comply with this subsection shall constitute a waiver of the right to claim the credit.

     [(g)] (f)  For each solar energy [systems] property, a taxpayer may elect to reduce the eligible credit amount by thirty per cent and if this reduced amount exceeds the amount of income tax payment due from the taxpayer, the excess of the credit amount over payments due shall be refunded to the taxpayer; provided that tax credit amounts properly claimed by a taxpayer who has no income tax liability shall be paid to the taxpayer; [and] provided further that no refund on account of the tax credit allowed by this section shall be made for amounts less than $1.

     The election required by this subsection shall be made in a manner prescribed by the director on the taxpayer's return for the taxable year in which the [system] energy property is installed and placed in service.  A separate election may be made for each separate [system] energy property that generates a credit.  An election once made is irrevocable.

     [(h)] (g)  Notwithstanding subsection [(g)] (f), for any [renewable energy technology system] energy property, an individual taxpayer may elect to have any excess of the credit over payments due refunded to the taxpayer, if:

     (1)  All of the taxpayer's income is exempt from taxation under section 235-7(a)(2) or (3); or

     (2)  The taxpayer's adjusted gross income is $20,000 or less (or $40,000 or less if filing a tax return as married filing jointly);

provided that tax credits properly claimed by a taxpayer who has no income tax liability shall be paid to the taxpayer; [and] provided further that no refund on account of the tax credit allowed by this section shall be made for amounts less than $1.

     A husband and wife who do not file a joint tax return shall only be entitled to make this election to the extent that they would have been entitled to make the election had they filed a joint tax return.

     The election required by this subsection shall be made in a manner prescribed by the director on the taxpayer's return for the taxable year in which the [system] energy property is installed and placed in service.  A separate election may be made for each separate [system] energy property that generates a credit.  An election once made is irrevocable.

     [(i)] (h)  No taxpayer shall be allowed a credit under this section for the portion of the [renewable energy technology system] energy property required by section 196-6.5 that is installed and placed in service on any newly constructed single-family residential property authorized by a building permit issued on or after January 1, 2010.

     [(j)] (i)  To the extent feasible, using existing resources to assist the energy-efficiency policy review and evaluation, the department shall assist with data collection on the following for each taxable year:

     (1)  The number of [renewable energy technology systems] energy properties that have qualified for a tax credit during the calendar year by:

         (A)  Technology type; and

         (B)  Taxpayer type (corporate and individual); and

     (2)  The total cost of the tax credit to the State during the taxable year by:

         (A)  Technology type; and

         (B)  Taxpayer type.

    [(k)] (j)  This section shall apply to eligible [renewable] energy [technology systems that are installed and] property placed in service on or after July 1, [2009.] 2017."

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act, upon its approval, shall apply to taxable years beginning after December 31, 2016.

 

Report Title:

Renewable Energy; Solar and Wind Energy Property; Tax Credit

 

Description:

Conforms the current renewable energy technology systems tax credit with federal renewable energy tax credits.  Applies to taxable years beginning after December 31, 2016.  (HB2511 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.