Representative Jeremy A. Peterson proposes the following substitute bill:


1     
TAX CREDIT REVIEW AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeremy A. Peterson

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9           This bill provides for a review of certain tax credits .
10     Highlighted Provisions:
11          This bill:
12          ▸      requires the Revenue and Taxation Interim Committee to review certain credits
13     under the Individual Income Tax Act, the Corporate Income Tax, the Motor and
14     Special Fuel Tax Act, the Taxation of Admitted Insurers, and the Governor's Office
15     of Economic Development; and
16          ▸     establishes requirements for the review by the Revenue and Taxation Interim
17     Committee.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides coordination clauses.
22     Utah Code Sections Affected:
23     AMENDS:
24          59-7-612, as last amended by Laws of Utah 2012, Chapter 405
25          59-7-614, as last amended by Laws of Utah 2015, Chapters 30, 133 and last amended

26     by Coordination Clause, Laws of Utah 2015, Chapter 133
27          59-7-614.2, as last amended by Laws of Utah 2015, Chapter 283
28          59-7-614.5, as last amended by Laws of Utah 2015, Chapter 283
29          59-7-614.7, as enacted by Laws of Utah 2012, Chapter 410
30          59-7-614.8, as last amended by Laws of Utah 2015, Chapter 283
31          59-7-619, as enacted by Laws of Utah 2015, Chapter 356
32          59-9-107, as enacted by Laws of Utah 2014, Chapter 435
33          59-10-1012, as last amended by Laws of Utah 2012, Chapter 405
34          59-10-1013, as last amended by Laws of Utah 2011, Chapter 384
35          59-10-1014, as last amended by Laws of Utah 2015, Chapter 133
36          59-10-1024, as last amended by Laws of Utah 2011, Chapter 384
37          59-10-1029, as enacted by Laws of Utah 2012, Chapter 410
38          59-10-1030, as last amended by Laws of Utah 2015, Chapter 283
39          59-10-1034, as enacted by Laws of Utah 2015, Chapter 356
40          59-10-1106, as last amended by Laws of Utah 2015, Chapter 133
41          59-10-1107, as last amended by Laws of Utah 2015, Chapter 283
42          59-10-1108, as last amended by Laws of Utah 2015, Chapter 283
43          59-13-202, as last amended by Laws of Utah 2006, Chapter 223
44          63N-2-106, as last amended by Laws of Utah 2015, Chapter 344 and renumbered and
45     amended by Laws of Utah 2015, Chapter 283
46          63N-2-213, as renumbered and amended by Laws of Utah 2015, Chapter 283
47          63N-2-305, as renumbered and amended by Laws of Utah 2015, Chapter 283
48          63N-2-810, as renumbered and amended by Laws of Utah 2015, Chapter 283
49     ENACTS:
50          59-7-159, Utah Code Annotated 1953
51          59-10-137, Utah Code Annotated 1953
52     Utah Code Sections Affected by Coordination Clause:
53          59-7-159, Utah Code Annotated 1953
54          59-7-614.10, Utah Code Annotated 1953
55          59-10-137, Utah Code Annotated 1953
56          59-10-1036, Utah Code Annotated 1953

57          63N-2-213, as renumbered and amended by Laws of Utah 2015, Chapter 283
58          63N-2-810, as renumbered and amended by Laws of Utah 2015, Chapter 283
59     

60          Section 1. Section 59-7-159 is enacted to read:
61          59-7-159. Review of credits allowed under this chapter.
62          (1) As used in this section, "committee" means the Revenue and Taxation Interim
63     Committee.
64          (2) (a) The committee shall review the tax credits described in this chapter as provided
65     in Subsection (3) and make recommendations to the Legislature concerning whether the tax
66     credits should be continued, modified, or repealed.
67          (b) In conducting the review required under Subsection (2)(a), the committee shall:
68          (i) schedule time on at least one committee agenda to conduct the review;
69          (ii) invite state agencies, individuals, and organizations concerned with the tax credit
70     under review to provide testimony;
71          (iii) (A) invite the Governor's Office of Economic Development to present a summary
72     and analysis of the information for each tax credit regarding which the Governor's Office of
73     Economic Development is required to make a report under this chapter; and
74          (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
75     analysis of the information for each tax credit regarding which the Office of the Legislative
76     Fiscal Analyst is required to make a report under this chapter;
77          (iv) ensure that the committee's recommendations under this section include an
78     evaluation of:
79          (A) the cost of the tax credit to the state;
80          (B) the purpose and effectiveness of the tax credit; and
81          (C) the extent to which the state benefits from the tax credit; and
82          (v) undertake other review efforts as determined by the committee chairs or as
83     otherwise required by law.
84          (3) (a) On or before November 30, 2016, and every three years after November 30,
85     2016, the committee shall conduct the review required under Subsection (2) of the tax credits
86     allowed under the following sections:
87          (i) Section 59-7-605;

88          (ii) Section 59-7-610;
89          (iii) Section 59-7-614;
90          (iv) Section 59-7-614.7;
91          (v) Section 59-7-614.8; and
92          (vi) Section 59-7-618.
93          (b) On or before November 30, 2017, and every three years after November 30, 2017,
94     the committee shall conduct the review required under Subsection (2) of the tax credits allowed
95     under the following sections:
96          (i) Section 59-7-601;
97          (ii) Section 59-7-607;
98          (iii) Section 59-7-612;
99          (iv) Section 59-7-614.1;
100          (v) Section 59-7-614.5; and
101          (vi) Section 59-7-614.6.
102          (c) On or before November 30, 2018, and every three years after November 30, 2018,
103     the committee shall conduct the review required under Subsection (2) of the tax credits allowed
104     under the following sections:
105          (i) Section 59-7-609;
106          (ii) Section 59-7-614.2;
107          (iii) Section 59-7-617;
108          (iv) Section 59-7-619; and
109          (v) Section 59-7-620.
110          (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
111     conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
112     2016.
113          (ii) The committee shall complete a review described in this Subsection (3)(d) three
114     years after the effective date of the tax credit and every three years after the initial review date.
115          Section 2. Section 59-7-612 is amended to read:
116          59-7-612. Tax credits for research activities conducted in the state -- Carry
117     forward -- Commission to report modification or repeal of certain federal provisions --
118     Revenue and Taxation Interim Committee study.

119          (1) (a) A taxpayer meeting the requirements of this section may claim the following
120     nonrefundable tax credits:
121          (i) a research tax credit of 5% of the taxpayer's qualified research expenses for the
122     current taxable year that exceed the base amount provided for under Subsection (4);
123          (ii) a tax credit for a payment to a qualified organization for basic research as provided
124     in Section 41(e), Internal Revenue Code, of 5% for the current taxable year that exceed the
125     base amount provided for under Subsection (4); and
126          (iii) a tax credit equal to 7.5% of the taxpayer's qualified research expenses for the
127     current taxable year.
128          (b) Subject to Subsection (5), a taxpayer may claim a tax credit under:
129          (i) Subsection (1)(a)(i) or (1)(a)(iii), for the taxable year for which the taxpayer incurs
130     the qualified research expenses; or
131          (ii) Subsection (1)(a)(ii), for the taxable year for which the taxpayer makes the payment
132     to the qualified organization.
133          (c) The tax credits provided for in this section do not include the alternative
134     incremental credit provided for in Section 41(c)(4), Internal Revenue Code.
135          (2) For purposes of claiming a tax credit under this section, a unitary group as defined
136     in Section 59-7-101 is considered to be one taxpayer.
137          (3) Except as specifically provided for in this section:
138          (a) the tax credits authorized under Subsection (1) shall be calculated as provided in
139     Section 41, Internal Revenue Code; and
140          (b) the definitions provided in Section 41, Internal Revenue Code, apply in calculating
141     the tax credits authorized under Subsection (1).
142          (4) For purposes of this section:
143          (a) the base amount shall be calculated as provided in Sections 41(c) and 41(h),
144     Internal Revenue Code, except that:
145          (i) the base amount does not include the calculation of the alternative incremental
146     credit provided for in Section 41(c)(4), Internal Revenue Code;
147          (ii) a taxpayer's gross receipts include only those gross receipts attributable to sources
148     within this state as provided in Part 3, Allocation and Apportionment of Income - Utah
149     UDITPA Provisions; and

150          (iii) notwithstanding Section 41(c), Internal Revenue Code, for purposes of calculating
151     the base amount, a taxpayer:
152          (A) may elect to be treated as a start-up company as provided in Section 41(c)(3)(B)
153     regardless of whether the taxpayer meets the requirements of Section 41(c)(3)(B)(i)(I) or (II);
154     and
155          (B) may not revoke an election to be treated as a start-up company under Subsection
156     (4)(a)(iii)(A);
157          (b) "basic research" is as defined in Section 41(e)(7), Internal Revenue Code, except
158     that the term includes only basic research conducted in this state;
159          (c) "qualified research" is as defined in Section 41(d), Internal Revenue Code, except
160     that the term includes only qualified research conducted in this state;
161          (d) "qualified research expenses" is as defined and calculated in Section 41(b), Internal
162     Revenue Code, except that the term includes only:
163          (i) in-house research expenses incurred in this state; and
164          (ii) contract research expenses incurred in this state; and
165          (e) a tax credit provided for in this section is not terminated if a credit terminates under
166     Section 41, Internal Revenue Code.
167          (5) (a) If the amount of a tax credit claimed by a taxpayer under Subsection (1)(a)(i) or
168     (ii) exceeds the taxpayer's tax liability under this chapter for a taxable year, the amount of the
169     tax credit exceeding the tax liability:
170          (i) may be carried forward for a period that does not exceed the next 14 taxable years;
171     and
172          (ii) may not be carried back to a taxable year preceding the current taxable year.
173          (b) A taxpayer may not carry forward the tax credit allowed by Subsection (1)(a)(iii).
174          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
175     commission may make rules for purposes of this section prescribing a certification process for
176     qualified organizations to ensure that amounts paid to the qualified organizations are for basic
177     research conducted in this state.
178          (7) If a provision of Section 41, Internal Revenue Code, is modified or repealed, the
179     commission shall report the modification or repeal to the Revenue and Taxation Interim
180     Committee within 60 days after the day on which the modification or repeal becomes effective.

181          (8) (a) The Revenue and Taxation Interim Committee shall review the tax credits
182     provided for in this section on or before October 1 of the year after the year in which the
183     commission reports under Subsection (7) a modification or repeal of a provision of Section 41,
184     Internal Revenue Code.
185          (b) The review described in Subsection (8)(a) is in addition to the review required by
186     Section 59-7-159.
187          [(b)] (c) Notwithstanding Subsection (8)(a), the Revenue and Taxation Interim
188     Committee is not required to review the tax credits provided for in this section if the only
189     modification to a provision of Section 41, Internal Revenue Code, is the extension of the
190     termination date provided for in Section 41(h), Internal Revenue Code.
191          [(c)] (d) The Revenue and Taxation Interim Committee shall address in a review under
192     this section:
193          (i) the cost of the tax credits provided for in this section;
194          (ii) the purpose and effectiveness of the tax credits provided for in this section;
195          (iii) whether the tax credits provided for in this section benefit the state; and
196          (iv) whether the tax credits provided for in this section should be:
197          (A) continued;
198          (B) modified; or
199          (C) repealed.
200          [(d)] (e) If the Revenue and Taxation Interim Committee reviews the tax credits
201     provided for in this section, the committee shall issue a report [its] of the Revenue and
202     Taxation Interim Committee's findings [to the Legislative Management Committee on or
203     before the November interim meeting of the year in which the Revenue and Taxation Interim
204     Committee reviews the tax credits].
205          Section 3. Section 59-7-614 is amended to read:
206          59-7-614. Renewable energy systems tax credits -- Definitions -- Certification --
207     Rulemaking authority -- Revenue and Taxation Interim Committee study.
208          (1) As used in this section:
209          (a) (i) "Active solar system" means a system of equipment that is capable of:
210          (A) collecting and converting incident solar radiation into thermal, mechanical, or
211     electrical energy; and

212          (B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a separate
213     apparatus to storage or to the point of use.
214          (ii) "Active solar system" includes water heating, space heating or cooling, and
215     electrical or mechanical energy generation.
216          (b) "Biomass system" means a system of apparatus and equipment for use in:
217          (i) converting material into biomass energy, as defined in Section 59-12-102; and
218          (ii) transporting the biomass energy by separate apparatus to the point of use or storage.
219          (c) "Commercial energy system" means a system that is:
220          (i) (A) an active solar system;
221          (B) a biomass system;
222          (C) a direct use geothermal system;
223          (D) a geothermal electricity system;
224          (E) a geothermal heat pump system;
225          (F) a hydroenergy system;
226          (G) a passive solar system; or
227          (H) a wind system;
228          (ii) located in the state; and
229          (iii) used:
230          (A) to supply energy to a commercial unit; or
231          (B) as a commercial enterprise.
232          (d) "Commercial enterprise" means an entity, the purpose of which is to produce
233     electrical, mechanical, or thermal energy for sale from a commercial energy system.
234          (e) (i) "Commercial unit" means a building or structure that an entity uses to transact
235     business.
236          (ii) Notwithstanding Subsection (1)(e)(i):
237          (A) with respect to an active solar system used for agricultural water pumping or a wind
238     system, each individual energy generating device is considered to be a commercial unit; or
239          (B) if an energy system is the building or structure that an entity uses to transact
240     business, a commercial unit is the complete energy system itself.
241          (f) "Direct use geothermal system" means a system of apparatus and equipment that
242     enables the direct use of geothermal energy to meet energy needs, including heating a building,

243     an industrial process, and aquaculture.
244          (g) "Geothermal electricity" means energy that is:
245          (i) contained in heat that continuously flows outward from the earth; and
246          (ii) used as a sole source of energy to produce electricity.
247          (h) "Geothermal energy" means energy generated by heat that is contained in the earth.
248          (i) "Geothermal heat pump system" means a system of apparatus and equipment that:
249          (i) enables the use of thermal properties contained in the earth at temperatures well
250     below 100 degrees Fahrenheit; and
251          (ii) helps meet heating and cooling needs of a structure.
252          (j) "Hydroenergy system" means a system of apparatus and equipment that is capable
253     of:
254          (i) intercepting and converting kinetic water energy into electrical or mechanical
255     energy; and
256          (ii) transferring this form of energy by separate apparatus to the point of use or storage.
257          (k) "Office" means the Office of Energy Development created in Section 63M-4-401.
258          (l) (i) "Passive solar system" means a direct thermal system that utilizes the structure of
259     a building and its operable components to provide for collection, storage, and distribution of
260     heating or cooling during the appropriate times of the year by utilizing the climate resources
261     available at the site.
262          (ii) "Passive solar system" includes those portions and components of a building that
263     are expressly designed and required for the collection, storage, and distribution of solar energy.
264          (m) (i) "Principal recovery portion" means the portion of a lease payment that
265     constitutes the cost a person incurs in acquiring a commercial energy system.
266          (ii) "Principal recovery portion" does not include:
267          (A) an interest charge; or
268          (B) a maintenance expense.
269          (n) "Residential energy system" means the following used to supply energy to or for a
270     residential unit:
271          (i) an active solar system;
272          (ii) a biomass system;
273          (iii) a direct use geothermal system;

274          (iv) a geothermal heat pump system;
275          (v) a hydroenergy system;
276          (vi) a passive solar system; or
277          (vii) a wind system.
278          (o) (i) "Residential unit" means a house, condominium, apartment, or similar dwelling
279     unit that:
280          (A) is located in the state; and
281          (B) serves as a dwelling for a person, group of persons, or a family.
282          (ii) "Residential unit" does not include property subject to a fee under:
283          (A) Section 59-2-404;
284          (B) Section 59-2-405;
285          (C) Section 59-2-405.1;
286          (D) Section 59-2-405.2; or
287          (E) Section 59-2-405.3.
288          (p) "Wind system" means a system of apparatus and equipment that is capable of:
289          (i) intercepting and converting wind energy into mechanical or electrical energy; and
290          (ii) transferring these forms of energy by a separate apparatus to the point of use, sale,
291     or storage.
292          (2) A taxpayer may claim an energy system tax credit as provided in this section
293     against a tax due under this chapter for a taxable year.
294          (3) (a) Subject to the other provisions of this Subsection (3), a taxpayer may claim a
295     nonrefundable tax credit under this Subsection (3) with respect to a residential unit the taxpayer
296     owns or uses if:
297          (i) the taxpayer:
298          (A) purchases and completes a residential energy system to supply all or part of the
299     energy required for the residential unit; or
300          (B) participates in the financing of a residential energy system to supply all or part of
301     the energy required for the residential unit;
302          (ii) the residential energy system is completed and placed in service on or after January
303     1, 2007; and
304          (iii) the taxpayer obtains a written certification from the office in accordance with

305     Subsection (7).
306          (b) (i) Subject to Subsections (3)(b)(ii) through (v), the tax credit is equal to 25% of the
307     reasonable costs of each residential energy system installed with respect to each residential unit
308     the taxpayer owns or uses.
309          (ii) A tax credit under this Subsection (3) may include installation costs.
310          (iii) A taxpayer may claim a tax credit under this Subsection (3) for the taxable year in
311     which the residential energy system is completed and placed in service.
312          (iv) If the amount of a tax credit under this Subsection (3) exceeds a taxpayer's tax
313     liability under this chapter for a taxable year, the amount of the tax credit exceeding the
314     liability may be carried forward for a period that does not exceed the next four taxable years.
315          (v) The total amount of tax credit a taxpayer may claim under this Subsection (3) may
316     not exceed $2,000 per residential unit.
317          (c) If a taxpayer sells a residential unit to another person before the taxpayer claims the
318     tax credit under this Subsection (3):
319          (i) the taxpayer may assign the tax credit to the other person; and
320          (ii) (A) if the other person files a return under this chapter, the other person may claim
321     the tax credit under this section as if the other person had met the requirements of this section
322     to claim the tax credit; or
323          (B) if the other person files a return under Chapter 10, Individual Income Tax Act, the
324     other person may claim the tax credit under Section 59-10-1014 as if the other person had met
325     the requirements of Section 59-10-1014 to claim the tax credit.
326          (4) (a) Subject to the other provisions of this Subsection (4), a taxpayer may claim a
327     refundable tax credit under this Subsection (4) with respect to a commercial energy system if:
328          (i) the commercial energy system does not use:
329          (A) wind, geothermal electricity, solar, or biomass equipment capable of producing a
330     total of 660 or more kilowatts of electricity; or
331          (B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
332          (ii) the taxpayer purchases or participates in the financing of the commercial energy
333     system;
334          (iii) (A) the commercial energy system supplies all or part of the energy required by
335     commercial units owned or used by the taxpayer; or

336          (B) the taxpayer sells all or part of the energy produced by the commercial energy
337     system as a commercial enterprise;
338          (iv) the commercial energy system is completed and placed in service on or after
339     January 1, 2007; and
340          (v) the taxpayer obtains a written certification from the office in accordance with
341     Subsection (7).
342          (b) (i) Subject to Subsections (4)(b)(ii) through (v), the tax credit is equal to 10% of the
343     reasonable costs of the commercial energy system.
344          (ii) A tax credit under this Subsection (4) may include installation costs.
345          (iii) A taxpayer may claim a tax credit under this Subsection (4) for the taxable year in
346     which the commercial energy system is completed and placed in service.
347          (iv) A tax credit under this Subsection (4) may not be carried forward or carried back.
348          (v) The total amount of tax credit a taxpayer may claim under this Subsection (4) may
349     not exceed $50,000 per commercial unit.
350          (c) (i) Subject to Subsections (4)(c)(ii) and (iii), a taxpayer that is a lessee of a
351     commercial energy system installed on a commercial unit may claim a tax credit under this
352     Subsection (4) if the taxpayer confirms that the lessor irrevocably elects not to claim the tax
353     credit.
354          (ii) A taxpayer described in Subsection (4)(c)(i) may claim as a tax credit under this
355     Subsection (4) only the principal recovery portion of the lease payments.
356          (iii) A taxpayer described in Subsection (4)(c)(i) may claim a tax credit under this
357     Subsection (4) for a period that does not exceed seven taxable years after the date the lease
358     begins, as stated in the lease agreement.
359          (5) (a) Subject to the other provisions of this Subsection (5), a taxpayer may claim a
360     refundable tax credit under this Subsection (5) with respect to a commercial energy system if:
361          (i) the commercial energy system uses wind, geothermal electricity, or biomass
362     equipment capable of producing a total of 660 or more kilowatts of electricity;
363          (ii) (A) the commercial energy system supplies all or part of the energy required by
364     commercial units owned or used by the taxpayer; or
365          (B) the taxpayer sells all or part of the energy produced by the commercial energy
366     system as a commercial enterprise;

367          (iii) the commercial energy system is completed and placed in service on or after
368     January 1, 2007; and
369          (iv) the taxpayer obtains a written certification from the office in accordance with
370     Subsection (7).
371          (b) (i) Subject to Subsections (5)(b)(ii) and (iii), a tax credit under this Subsection (5)
372     is equal to the product of:
373          (A) 0.35 cents; and
374          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
375          (ii) A tax credit under this Subsection (5) may be claimed for production occurring
376     during a period of 48 months beginning with the month in which the commercial energy
377     system is placed in commercial service.
378          (iii) A tax credit under this Subsection (5) may not be carried forward or carried back.
379          (c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
380     unit may claim a tax credit under this Subsection (5) if the taxpayer confirms that the lessor
381     irrevocably elects not to claim the tax credit.
382          (6) (a) Subject to the other provisions of this Subsection (6), a taxpayer may claim a
383     refundable tax credit as provided in this Subsection (6) if:
384          (i) the taxpayer owns a commercial energy system that uses solar equipment capable of
385     producing a total of 660 or more kilowatts of electricity;
386          (ii) (A) the commercial energy system supplies all or part of the energy required by
387     commercial units owned or used by the taxpayer; or
388          (B) the taxpayer sells all or part of the energy produced by the commercial energy
389     system as a commercial enterprise;
390          (iii) the taxpayer does not claim a tax credit under Subsection (4);
391          (iv) the commercial energy system is completed and placed in service on or after
392     January 1, 2015; and
393          (v) the taxpayer obtains a written certification from the office in accordance with
394     Subsection (7).
395          (b) (i) Subject to Subsections (6)(b)(ii) and (iii), a tax credit under this Subsection (6)
396     is equal to the product of:
397          (A) 0.35 cents; and

398          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
399          (ii) A tax credit under this Subsection (6) may be claimed for production occurring
400     during a period of 48 months beginning with the month in which the commercial energy
401     system is placed in commercial service.
402          (iii) A tax credit under this Subsection (6) may not be carried forward or carried back.
403          (c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
404     unit may claim a tax credit under this Subsection (6) if the taxpayer confirms that the lessor
405     irrevocably elects not to claim the tax credit.
406          (7) (a) Before a taxpayer may claim a tax credit under this section, the taxpayer shall
407     obtain a written certification from the office.
408          (b) The office shall issue a taxpayer a written certification if the office determines that:
409          (i) the taxpayer meets the requirements of this section to receive a tax credit; and
410          (ii) the residential energy system or commercial energy system with respect to which
411     the taxpayer seeks to claim a tax credit:
412          (A) has been completely installed;
413          (B) is a viable system for saving or producing energy from renewable resources; and
414          (C) is safe, reliable, efficient, and technically feasible to ensure that the residential
415     energy system or commercial energy system uses the state's renewable and nonrenewable
416     energy resources in an appropriate and economic manner.
417          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
418     office may make rules:
419          (i) for determining whether a residential energy system or commercial energy system
420     meets the requirements of Subsection (7)(b)(ii); and
421          (ii) for purposes of a tax credit under Subsection (3) or (4), establishing the reasonable
422     costs of a residential energy system or a commercial energy system, as an amount per unit of
423     energy production.
424          (d) A taxpayer that obtains a written certification from the office shall retain the
425     certification for the same time period a person is required to keep books and records under
426     Section 59-1-1406.
427          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
428     commission may make rules to address the certification of a tax credit under this section.

429          (9) A tax credit under this section is in addition to any tax credits provided under the
430     laws or rules and regulations of the United States.
431          [(10) (a) On or before October 1, 2017, and every five years after 2017, the Revenue
432     and Taxation Interim Committee shall review each tax credit provided by this section and
433     report its recommendations to the Legislative Management Committee concerning whether the
434     tax credit should be continued, modified, or repealed.]
435          [(b) The Revenue and Taxation Interim Committee's report under Subsection (10)(a)
436     shall include information concerning the cost of the tax credit, the purpose and effectiveness of
437     the tax credit, and the state's benefit from the tax credit.]
438          Section 4. Section 59-7-614.2 is amended to read:
439          59-7-614.2. Refundable economic development tax credit.
440          (1) As used in this section:
441          (a) "Business entity" means a taxpayer that meets the definition of "business entity" as
442     defined in Section 63N-2-103.
443          (b) "Community development and renewal agency" [is as] means the same as that term
444     is defined in Section 17C-1-102.
445          (c) "Local government entity" [is as] means the same as that term is defined in Section
446     63N-2-103.
447          (d) "Office" means the Governor's Office of Economic Development.
448          (2) Subject to the other provisions of this section, a business entity, local government
449     entity, or community development and renewal agency may claim a refundable tax credit for
450     economic development.
451          (3) The tax credit under this section is the amount listed as the tax credit amount on the
452     tax credit certificate that the office issues to the business entity, local government entity, or
453     community development and renewal agency for the taxable year.
454          (4) A community development and renewal agency may claim a tax credit under this
455     section only if a local government entity assigns the tax credit to the community development
456     and renewal agency in accordance with Section 63N-2-104.
457          (5) (a) In accordance with any rules prescribed by the commission under Subsection
458     (5)(b), the commission shall make a refund to the following that claim a tax credit under this
459     section:

460          (i) a local government entity;
461          (ii) a community development and renewal agency; or
462          (iii) a business entity if the amount of the tax credit exceeds the business entity's tax
463     liability for a taxable year.
464          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
465     commission may make rules providing procedures for making a refund to a business entity,
466     local government entity, or community development and renewal agency as required by
467     Subsection (5)(a).
468          (6) (a) [On or before October 1, 2013, and every five years after October 1, 2013] In
469     accordance with Section 59-7-159, the Revenue and Taxation Interim Committee shall study
470     the tax credit allowed by this section and make recommendations [to the Legislative
471     Management Committee] concerning whether the tax credit should be continued, modified, or
472     repealed.
473          (b) [For] Except as provided in Subsection (6)(c), for purposes of the study required by
474     this Subsection (6), the office shall provide the following information [to the Revenue and
475     Taxation Interim Committee] , if available to the office :
476          (i) the amount of tax credit that the office grants to each business entity, local
477     government entity, or community development and renewal agency for each calendar year;
478          (ii) the criteria that the office uses in granting a tax credit;
479          (iii) (A) for a business entity, the new state revenues generated by the business entity
480     for the calendar year; or
481          (B) for a local government entity, regardless of whether the local government entity
482     assigns the tax credit in accordance with Section 63N-2-104, the new state revenues generated
483     as a result of a new commercial project within the local government entity for each calendar
484     year;
485          (iv) the information contained in the office's latest report to the Legislature under
486     Section 63N-2-106; and
487          (v) any other information that the Revenue and Taxation Interim Committee requests.
488          (c) (i) In providing the information described in Subsection (6)(b), the office shall
489     redact information that identifies a recipient of a tax credit under this section.
490          (ii) If, notwithstanding the redactions made under Subsection (6)(c)(i), reporting the

491     information described in Subsection (6)(b) might disclose the identity of a recipient of a tax
492     credit, the office may file a request with the Revenue and Taxation Interim Committee to
493     provide the information described in Subsection (6)(b) in the aggregate for all entities and
494     agencies that receive the tax credit under this section.
495          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that [its] the
496     Revenue and Taxation Interim Committee's recommendations under Subsection (6)(a) include
497     an evaluation of:
498          (i) the cost of the tax credit to the state;
499          (ii) the purpose and effectiveness of the tax credit; and
500          (iii) the extent to which the state benefits from the tax credit.
501          Section 5. Section 59-7-614.5 is amended to read:
502          59-7-614.5. Refundable motion picture tax credit.
503          (1) As used in this section:
504          (a) "Motion picture company" means a taxpayer that meets the definition of a motion
505     picture company under Section 63N-8-102.
506          (b) "Office" means the Governor's Office of Economic Development.
507          (c) "State-approved production" [has the same meaning as] means the same as that
508     term is defined in Section 63N-8-102.
509          (2) For a taxable [years] year beginning on or after January 1, 2009, a motion picture
510     company may claim a refundable tax credit for a state-approved production.
511          (3) The tax credit under this section is the amount listed as the tax credit amount on the
512     tax credit certificate that the office issues to a motion picture company under Section
513     63N-8-103 for the taxable year.
514          (4) (a) In accordance with any rules prescribed by the commission under Subsection
515     (4)(b), the commission shall make a refund to a motion picture company that claims a tax
516     credit under this section if the amount of the tax credit exceeds the motion picture company's
517     tax liability for a taxable year.
518          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
519     commission may make rules providing procedures for making a refund to a motion picture
520     company as required by Subsection (4)(a).
521          (5) (a) [On or before October 1, 2014, and every five years after October 1, 2014] In

522     accordance with Section 59-7-159, the Revenue and Taxation Interim Committee shall study
523     the tax credit allowed by this section and make recommendations [to the Legislative
524     Management Committee] concerning whether the tax credit should be continued, modified, or
525     repealed.
526          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
527     required by this Subsection (5), the office shall provide the following information , if available
528     to the office, to the [Revenue and Taxation Interim Committee] Office of the Legislative Fiscal
529     Analyst :
530          [(i)] (A) the amount of tax credit that the office grants to each motion picture company
531     for each calendar year;
532          [(ii)] (B) the criteria that the office uses in granting the tax credit;
533          [(iii)] (C) the dollars left in the state, as defined in Section 63N-8-102, by each motion
534     picture company for each calendar year;
535          [(iv)] (D) the information contained in the office's latest report to the Legislature under
536     Section 63N-8-105; and
537          [(v)] (E) any other information requested by the [Revenue and Taxation Interim
538     Committee] Office of the Legislative Fiscal Analyst .
539          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
540     redact information that identifies a recipient of a tax credit under this section.
541          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
542     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
543     credit, the office may file a request with the Revenue and Taxation Interim Committee to
544     provide the information described in Subsection (5)(b)(i) in the aggregate for all motion picture
545     companies that receive the tax credit under this section.
546          (c) As part of the study required by this Subsection (5), the Office of the Legislative
547     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
548     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
549     office under Subsection (5)(b).
550          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that [its] the
551     Revenue and Taxation Interim Committee's recommendations under Subsection (5)(a) include
552     an evaluation of:

553          (i) the cost of the tax credit to the state;
554          (ii) the effectiveness of the tax credit; and
555          (iii) the extent to which the state benefits from the tax credit.
556          Section 6. Section 59-7-614.7 is amended to read:
557          59-7-614.7. Nonrefundable alternative energy development tax credit.
558          (1) As used in this section:
559          (a) "Alternative energy entity" [is as] means the same as that term is defined in Section
560     63M-4-502.
561          (b) "Alternative energy project" [is as] means the same as that term is defined in
562     Section 63M-4-502.
563          (c) "Office" [is as defined] means the Office of Energy Development created in Section
564     63M-4-401.
565          (2) Subject to the other provisions of this section, an alternative energy entity may
566     claim a nonrefundable tax credit for alternative energy development as provided in this section.
567          (3) The tax credit under this section is the amount listed as the tax credit amount on a
568     tax credit certificate that the office issues under Title 63M, Chapter 4, Part 5, Alternative
569     Energy Development Tax Credit Act, to the alternative energy entity for the taxable year.
570          (4) An alternative energy entity may carry forward a tax credit under this section for a
571     period that does not exceed the next seven taxable years if:
572          (a) the alternative energy entity is allowed to claim a tax credit under this section for a
573     taxable year; and
574          (b) the amount of the tax credit exceeds the alternative energy entity's tax liability
575     under this chapter for that taxable year.
576          (5) (a) [On or before October 1, 2017, and every five years after October 1, 2017] In
577     accordance with Section 59-7-159, the Revenue and Taxation Interim Committee shall study
578     the tax credit allowed by this section and make recommendations [to the Legislative
579     Management Committee] concerning whether the tax credit should be continued, modified, or
580     repealed.
581          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
582     required by this Subsection (5), the office shall provide the following information , if available
583     to the office, to the [Revenue and Taxation Interim Committee] Office of the Legislative Fiscal

584     Analyst:
585          [(i)] (A) the amount of tax credit that the office grants to each alternative energy entity
586     for each taxable year;
587          [(ii)] (B) the new state revenues generated by each alternative energy project;
588          [(iii)] (C) the information contained in the office's latest report [to the Legislature]
589     under Section 63M-4-505; and
590          [(iv)] (D) any other information that the [Revenue and Taxation Interim Committee]
591     Office of the Legislative Fiscal Analyst requests.
592          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
593     redact information that identifies a recipient of a tax credit under this section.
594          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
595     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
596     credit, the office may file a request with the Revenue and Taxation Interim Committee to
597     provide the information described in Subsection (5)(b)(i) in the aggregate for all alternative
598     energy entities that receive the tax credit under this section.
599          (c) As part of the study required by this Subsection (5), the Office of the Legislative
600     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
601     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
602     office under Subsection (5)(b).
603          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that [its] the
604     Revenue and Taxation Interim Committee's recommendations under Subsection (5)(a) include
605     an evaluation of:
606          (i) the cost of the tax credit to the state;
607          (ii) the purpose and effectiveness of the tax credit; and
608          (iii) the extent to which the state benefits from the tax credit.
609          Section 7. Section 59-7-614.8 is amended to read:
610          59-7-614.8. Nonrefundable alternative energy manufacturing tax credit.
611          (1) As used in this section:
612          (a) "Alternative energy entity" [is as] means the same as that term is defined in Section
613     63N-2-702.
614          (b) "Alternative energy manufacturing project" [is as] means the same as that term is

615     defined in Section 63N-2-702.
616          (c) "Office" means the Governor's Office of Economic Development.
617          (2) Subject to the other provisions of this section, an alternative energy entity may
618     claim a nonrefundable tax credit for alternative energy manufacturing as provided in this
619     section.
620          (3) The tax credit under this section is the amount listed as the tax credit amount on a
621     tax credit certificate that the office issues under Title 63N, Chapter 2, Part 7, Alternative
622     Energy Manufacturing Tax Credit Act, to the alternative energy entity for the taxable year.
623          (4) An alternative energy entity may carry forward a tax credit under this section for a
624     period that does not exceed the next seven taxable years if:
625          (a) the alternative energy entity is allowed to claim a tax credit under this section for a
626     taxable year; and
627          (b) the amount of the tax credit exceeds the alternative energy entity's tax liability
628     under this chapter for that taxable year.
629          (5) (a) [On or before October 1, 2017, and every five years after October 1, 2017] In
630     accordance with Section 59-7-159, the Revenue and Taxation Interim Committee shall study
631     the tax credit allowed by this section and make recommendations [to the Legislative
632     Management Committee] concerning whether the tax credit should be continued, modified, or
633     repealed.
634          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
635     required by this Subsection (5), the office shall provide the following information , if available
636     to the office, to the [Revenue and Taxation Interim Committee] Office of the Legislative Fiscal
637     Analyst :
638          [(i)] (A) the amount of tax credit that the office grants to each alternative energy entity
639     for each taxable year;
640          [(ii)] (B) the new state revenues generated by each alternative energy manufacturing
641     project;
642          [(iii)] (C) the information contained in the office's latest report to the Legislature under
643     Section [63N-2-705] 63N-1-301; and
644          [(iv)] (D) any other information that the [Revenue and Taxation Interim Committee]
645     Office of the Legislative Fiscal Analyst requests.

646          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
647     redact information that identifies a recipient of a tax credit under this section.
648          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
649     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
650     credit, the office may file a request with the Revenue and Taxation Interim Committee to
651     provide the information described in Subsection (5)(b)(i) in the aggregate for all alternative
652     energy entities that receive the tax credit under this section.
653          (c) As part of the study required by this Subsection (5), the Office of the Legislative
654     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
655     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
656     office under Subsection (5)(b).
657          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that [its] the
658     Revenue and Taxation Interim Committee's recommendations under Subsection (5)(a) include
659     an evaluation of:
660          (i) the cost of the tax credit to the state;
661          (ii) the purpose and effectiveness of the tax credit; and
662          (iii) the extent to which the state benefits from the tax credit.
663          Section 8. Section 59-7-619 is amended to read:
664          59-7-619. Nonrefundable high cost infrastructure development tax credit.
665          (1) As used in this section:
666          (a) "High cost infrastructure project" means the same as that term is defined in Section
667     63M-4-602.
668          (b) "Infrastructure cost-burdened entity" means the same as that term is defined in
669     Section 63M-4-602.
670          (c) "Infrastructure-related revenue" means the same as that term is defined in Section
671     63M-4-602.
672          (d) "Office" means the Office of Energy Development created in Section 63M-4-401.
673          (2) Subject to the other provisions of this section, a corporation that is an infrastructure
674     cost-burdened entity may claim a nonrefundable tax credit for development of a high cost
675     infrastructure project as provided in this section.
676          (3) The tax credit under this section is the amount listed as the tax credit amount on a

677     tax credit certificate that the office issues under Title 63M, Chapter 4, Part 6, High Cost
678     Infrastructure Development Tax Credit Act, to the infrastructure cost-burdened entity for the
679     taxable year.
680          (4) An infrastructure cost-burdened entity may carry forward a tax credit under this
681     section for a period that does not exceed the next seven taxable years if:
682          (a) the infrastructure cost-burdened entity is allowed to claim a tax credit under this
683     section for a taxable year; and
684          (b) the amount of the tax credit exceeds the infrastructure cost-burdened entity's tax
685     liability under this chapter for that taxable year.
686          (5) (a) [On or before October 1, 2020, and every five years after October 1, 2020] In
687     accordance with Section 59-7-159, the Revenue and Taxation Interim Committee shall study
688     the tax credit allowed by this section and make recommendations [to the Legislative
689     Management Committee] concerning whether the tax credit should be continued, modified, or
690     repealed.
691          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
692     required by this Subsection (5), the office shall provide the following information , if available
693     to the office, to the [Revenue and Taxation Interim Committee] Office of the Legislative Fiscal
694     Analyst :
695          [(i)] (A) the amount of tax credit that the office grants to each infrastructure
696     cost-burdened entity for each taxable year;
697          [(ii)] (B) the infrastructure-related revenue generated by each high cost infrastructure
698     project;
699          [(iii)] (C) the information contained in the office's latest report [to the Legislature]
700     under Section 63M-4-505; and
701          [(iv)] (D) any other information that the [Revenue and Taxation Interim Committee]
702     Office of the Legislative Fiscal Analyst requests.
703          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
704     redact information that identifies a recipient of a tax credit under this section.
705          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
706     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
707     credit, the office may file a request with the Revenue and Taxation Interim Committee to

708     provide the information described in Subsection (5)(b)(i) in the aggregate for all infrastructure
709     cost-burdened entities that receive the tax credit under this section.
710          (c) As part of the study required by this Subsection (5), the Office of the Legislative
711     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
712     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
713     office under Subsection (5)(b).
714          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that the Revenue
715     and Taxation Interim Committee's recommendations under Subsection (5)(a) include an
716     evaluation of:
717          (i) the cost of the tax credit to the state;
718          (ii) the purpose and effectiveness of the tax credit; and
719          (iii) the extent to which the state benefits from the tax credit.
720          Section 9. Section 59-9-107 is amended to read:
721          59-9-107. Nonrefundable small business jobs credit.
722          (1) As used in this section:
723          (a) "Credit allowance date" [is as] means the same as that term is defined in Section
724     63N-2-602.
725          (b) "Office" [is as] means the same as that term is defined in Section 63N-1-102.
726          (c) "Tax credit certificate" [is as] means the same as that term is defined in Section
727     63N-2-602.
728          (2) An entity may claim a nonrefundable tax credit against a tax liability under this
729     chapter in accordance with this section if the entity is issued a tax credit certificate by the office
730     under Subsection 63N-2-603(11). The office shall issue a tax credit certificate to an entity that
731     is allocated tax credits under Subsection 63N-2-603(11)(e).
732          (3) The tax credit under this section is the amount listed as the tax credit amount on the
733     tax credit certificate issued to the entity for the calendar year.
734          (4) An entity may carry forward a tax credit under this section for seven years if:
735          (a) the entity is allowed to claim a tax credit under this section for a calendar year; and
736          (b) the amount of the tax credit exceeds the entity's tax liability under this chapter for
737     that calendar year.
738          (5) An entity required to pay a retaliatory tax levied under this chapter for a reason

739     other than claiming the tax credit may claim the tax credit after the retaliatory tax amount is
740     calculated, and the tax credit may be used to offset retaliatory tax liability.
741          (6) Notwithstanding the other provisions of this section, this section does not apply to
742     an admitted insurer to the extent that the admitted insurer writes workers' compensation
743     insurance in this state and has premiums taxed under Subsection 59-9-101(2).
744          (7) (a) On or before November 30, 2018, and every three years after November 30,
745     2018, the Revenue and Taxation Interim Committee shall review the tax credits provided by
746     this section and make recommendations concerning whether the tax credits should be
747     continued, modified, or repealed.
748          (b) In conducting the review required under Subsection (7)(a), the Revenue and
749     Taxation Interim Committee shall:
750          (i) schedule time on at least one committee agenda to conduct the review;
751          (ii) invite state agencies, individuals, and organizations concerned with the tax credit
752     under review to provide testimony;
753          (iii) ensure that the Revenue and Taxation Interim Committee's recommendations
754     under this section include an evaluation of:
755          (A) the cost of the tax credit to the state;
756          (B) the purpose and effectiveness of the tax credit; and
757          (C) the extent to which the state benefits from the tax credit; and
758          (iv) undertake other review efforts as determined by the chairs of the Revenue and
759     Taxation Interim Committee.
760          Section 10. Section 59-10-137 is enacted to read:
761          59-10-137. Review of credits allowed under this chapter.
762          (1) As used in this section, "committee" means the Revenue and Taxation Interim
763     Committee.
764          (2) (a) The committee shall review the tax credits described in this chapter as provided
765     in Subsection (3) and make recommendations concerning whether the tax credits should be
766     continued, modified, or repealed.
767          (b) In conducting the review required under Subsection (2)(a), the committee shall:
768          (i) schedule time on at least one committee agenda to conduct the review;
769          (ii) invite state agencies, individuals, and organizations concerned with the tax credit

770     under review to provide testimony;
771          (iii) (A) invite the Governor's Office of Economic Development to present a summary
772     and analysis of the information for each tax credit regarding which the Governor's Office of
773     Economic Development is required to make a report under this chapter; and
774          (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
775     analysis of the information for each tax credit regarding which the Office of the Legislative
776     Fiscal Analyst is required to make a report under this chapter;
777          (iv) ensure that the committee's recommendations under this section include an
778     evaluation of:
779          (A) the cost of the tax credit to the state;
780          (B) the purpose and effectiveness of the tax credit; and
781          (C) the extent to which the state benefits from the tax credit; and
782          (v) undertake other review efforts as determined by the committee chairs or as
783     otherwise required by law.
784          (3) (a) On or before November 30, 2016, and every three years after November 30,
785     2016, the committee shall conduct the review required under Subsection (2) of the tax credits
786     allowed under the following sections:
787          (i) Section 59-10-1007;
788          (ii) Section 59-10-1009;
789          (iii) Section 59-10-1014;
790          (iv) Section 59-10-1017;
791          (v) Section 59-10-1018;
792          (vi) Section 59-10-1019;
793          (vii) Section 59-10-1024;
794          (viii) Section 59-10-1029;
795          (ix) Section 59-10-1030;
796          (x) Section 59-10-1033; and
797          (xi) Section 59-10-1106.
798          (b) On or before November 30, 2017, and every three years after November 30, 2017,
799     the committee shall conduct the review required under Subsection (2) of the tax credits allowed
800     under the following sections:

801          (i) Section 59-10-1004;
802          (ii) Section 59-10-1010;
803          (iii) Section 59-10-1015;
804          (iv) Section 59-10-1025;
805          (v) Section 59-10-1027;
806          (vi) Section 59-10-1031;
807          (vii) Section 59-10-1032;
808          (viii) Section 59-10-1035;
809          (ix) Section 59-10-1104;
810          (x) Section 59-10-1105;
811          (xi) Section 59-10-1108; and
812          (xii) Section 59-10-1109.
813          (c) On or before November 30, 2018, and every three years after November 30, 2018,
814     the committee shall conduct the review required under Subsection (2) of the tax credits allowed
815     under the following sections:
816          (i) Section 59-10-1005;
817          (ii) Section 59-10-1006;
818          (iii) Section 59-10-1012;
819          (iv) Section 59-10-1013;
820          (v) Section 59-10-1021;
821          (vi) Section 59-10-1022;
822          (vii) Section 59-10-1023;
823          (viii) Section 59-10-1028;
824          (ix) Section 59-10-1034; and
825          (x) Section 59-10-1107.
826          (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
827     conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
828     2016.
829          (ii) The committee shall complete a review described in this Subsection (3)(d) three
830     years after the effective date of the tax credit and every three years after the initial review date.
831          Section 11. Section 59-10-1012 is amended to read:

832          59-10-1012. Tax credits for research activities conducted in the state -- Carry
833     forward -- Commission to report modification or repeal of certain federal provisions --
834     Revenue and Taxation Interim Committee study.
835          (1) (a) A claimant, estate, or trust meeting the requirements of this section may claim
836     the following nonrefundable tax credits:
837          (i) a research tax credit of 5% of the claimant's, estate's, or trust's qualified research
838     expenses for the current taxable year that exceed the base amount provided for under
839     Subsection (3);
840          (ii) a tax credit for a payment to a qualified organization for basic research as provided
841     in Section 41(e), Internal Revenue Code of 5% for the current taxable year that exceed the base
842     amount provided for under Subsection (3); and
843          (iii) a tax credit equal to 7.5% of the claimant's, estate's, or trust's qualified research
844     expenses for the current taxable year.
845          (b) Subject to Subsection (4), a claimant, estate, or trust may claim a tax credit under:
846          (i) Subsection (1)(a)(i) or (1)(a)(iii), for the taxable year for which the claimant, estate,
847     or trust incurs the qualified research expenses; or
848          (ii) Subsection (1)(a)(ii), for the taxable year for which the claimant, estate, or trust
849     makes the payment to the qualified organization.
850          (c) The tax credits provided for in this section do not include the alternative
851     incremental credit provided for in Section 41(c)(4), Internal Revenue Code.
852          (2) Except as specifically provided for in this section:
853          (a) the tax credits authorized under Subsection (1) shall be calculated as provided in
854     Section 41, Internal Revenue Code; and
855          (b) the definitions provided in Section 41, Internal Revenue Code, apply in calculating
856     the tax credits authorized under Subsection (1).
857          (3) For purposes of this section:
858          (a) the base amount shall be calculated as provided in Sections 41(c) and 41(h),
859     Internal Revenue Code, except that:
860          (i) the base amount does not include the calculation of the alternative incremental
861     credit provided for in Section 41(c)(4), Internal Revenue Code;
862          (ii) a claimant's, estate's, or trust's gross receipts include only those gross receipts

863     attributable to sources within this state as provided in Section 59-10-118; and
864          (iii) notwithstanding Section 41(c), Internal Revenue Code, for purposes of calculating
865     the base amount, a claimant, estate, or trust:
866          (A) may elect to be treated as a start-up company as provided in Section 41(c)(3)(B),
867     Internal Revenue Code, regardless of whether the claimant, estate, or trust meets the
868     requirements of Section 41(c)(3)(B)(i)(I) or (II), Internal Revenue Code; and
869          (B) may not revoke an election to be treated as a start-up company under Subsection
870     (3)(a)(iii)(A);
871          (b) "basic research" is as defined in Section 41(e)(7), Internal Revenue Code, except
872     that the term includes only basic research conducted in this state;
873          (c) "qualified research" is as defined in Section 41(d), Internal Revenue Code, except
874     that the term includes only qualified research conducted in this state;
875          (d) "qualified research expenses" is as defined and calculated in Section 41(b), Internal
876     Revenue Code, except that the term includes only:
877          (i) in-house research expenses incurred in this state; and
878          (ii) contract research expenses incurred in this state; and
879          (e) a tax credit provided for in this section is not terminated if a credit terminates under
880     Section 41, Internal Revenue Code.
881          (4) (a) If the amount of a tax credit claimed by a claimant, estate, or trust under
882     Subsection (1)(a)(i) or (ii) exceeds the claimant's, estate's, or trust's tax liability under this
883     chapter for a taxable year, the amount of the tax credit exceeding the tax liability:
884          (i) may be carried forward for a period that does not exceed the next 14 taxable years;
885     and
886          (ii) may not be carried back to a taxable year preceding the current taxable year.
887          (b) A claimant, estate, or trust may not carry forward the tax credit allowed by
888     Subsection (1)(a)(iii).
889          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
890     commission may make rules for purposes of this section prescribing a certification process for
891     qualified organizations to ensure that amounts paid to the qualified organizations are for basic
892     research conducted in this state.
893          (6) If a provision of Section 41, Internal Revenue Code, is modified or repealed, the

894     commission shall report the modification or repeal to the Revenue and Taxation Interim
895     Committee within 60 days after the day on which the modification or repeal becomes effective.
896          (7) (a) The Revenue and Taxation Interim Committee shall review the tax credits
897     provided for in this section on or before October 1 of the year after the year in which the
898     commission reports under Subsection (6) a modification or repeal of a provision of Section 41,
899     Internal Revenue Code.
900          (b) The review described in Subsection (7)(a) is in addition to the review required by
901     Section 59-10-137.
902          [(b)] (c) Notwithstanding Subsection (7)(a), the Revenue and Taxation Interim
903     Committee is not required to review the tax credits provided for in this section if the only
904     modification to a provision of Section 41, Internal Revenue Code, is the extension of the
905     termination date provided for in Section 41(h), Internal Revenue Code.
906          [(c)] (d) The Revenue and Taxation Interim Committee shall address in a review under
907     this section:
908          (i) the cost of the tax credits provided for in this section;
909          (ii) the purpose and effectiveness of the tax credits provided for in this section;
910          (iii) whether the tax credits provided for in this section benefit the state; and
911          (iv) whether the tax credits provided for in this section should be:
912          (A) continued;
913          (B) modified; or
914          (C) repealed.
915          [(d)] (e) If the Revenue and Taxation Interim Committee reviews the tax credits
916     provided for in this section, the committee shall issue a report [its] of the Revenue and
917     Taxation Interim Committee's findings [to the Legislative Management Committee on or
918     before the November interim meeting of the year in which the Revenue and Taxation Interim
919     Committee reviews the tax credits].
920          Section 12. Section 59-10-1013 is amended to read:
921          59-10-1013. Tax credits for machinery, equipment, or both primarily used for
922     conducting qualified research or basic research -- Carry forward -- Commission to report
923     modification or repeal of certain federal provisions -- Revenue and Taxation Interim
924     Committee study.

925          (1) As used in this section:
926          (a) "Basic research" [is as] means the same as that term is defined in Section 41(e)(7),
927     Internal Revenue Code, except that the term includes only basic research conducted in this
928     state.
929          (b) "Equipment" includes:
930          (i) a computer;
931          (ii) computer equipment; and
932          (iii) computer software.
933          (c) "Purchase price":
934          (i) includes the cost of installing an item of machinery or equipment; and
935          (ii) does not include a tax imposed under Chapter 12, Sales and Use Tax Act, on an
936     item of machinery or equipment.
937          (d) "Qualified organization" [is as] means the same as that term is defined in Section
938     41(e)(6), Internal Revenue Code.
939          (e) "Qualified research" [is as] means the same as that term is defined in Section 41(d),
940     Internal Revenue Code, except that the term includes only qualified research conducted in this
941     state.
942          (2) (a) Except as provided in Subsection (2)(c), for a taxable [years] year beginning on
943     or after January 1, 1999, but beginning before December 31, 2010, a claimant, estate, or trust
944     meeting the requirements of this section may claim the following nonrefundable tax credits:
945          (i) a tax credit of 6% of the purchase price of machinery, equipment, or both:
946          (A) purchased by the claimant, estate, or trust during the taxable year;
947          (B) that is subject to a tax under Chapter 12, Sales and Use Tax Act; and
948          (C) that is primarily used to conduct qualified research in this state; and
949          (ii) a tax credit of 6% of the purchase price paid by the claimant, estate, or trust for
950     machinery, equipment, or both:
951          (A) purchased by the claimant, estate, or trust during the taxable year;
952          (B) that is subject to a tax under Chapter 12, Sales and Use Tax Act;
953          (C) that is donated to a qualified organization; and
954          (D) that is primarily used to conduct basic research in this state.
955          (b) Subject to Subsection (4), a claimant, estate, or trust may claim a tax credit under

956     this section for the taxable year for which the claimant, estate, or trust purchases the machinery,
957     equipment, or both.
958          (c) If a claimant, estate, or trust qualifies for a tax credit under Subsection (2)(a) for a
959     purchase of machinery, equipment, or both, the claimant, estate, or trust may not claim the tax
960     credit or carry the tax credit forward if the machinery, equipment, or both, is primarily used to
961     conduct qualified research in the state for a time period that is less than 12 consecutive months.
962          (3) Notwithstanding Section 41(h), Internal Revenue Code, a tax credit provided for in
963     this section is not terminated if a credit terminates under Section 41, Internal Revenue Code.
964          (4) If the amount of a tax credit claimed by a claimant, estate, or trust under this section
965     exceeds a claimant's, estate's, or trust's tax liability under this chapter for a taxable year, the
966     amount of the tax credit exceeding the tax liability:
967          (a) may be carried forward for a period that does not exceed the next 14 taxable years;
968     and
969          (b) may not be carried back to a taxable year preceding the current taxable year.
970          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
971     commission may make rules for purposes of this section prescribing a certification process for
972     qualified organizations to ensure that machinery, equipment, or both provided to the qualified
973     organization is to be primarily used to conduct basic research in this state.
974          (6) If a provision of Section 41, Internal Revenue Code, is modified or repealed, the
975     commission shall report the modification or repeal to the Revenue and Taxation Interim
976     Committee within 60 days after the day on which the modification or repeal becomes effective.
977          (7) (a) The Revenue and Taxation Interim Committee shall review the tax credits
978     provided for in this section on or before October 1 of the year after the year in which the
979     commission reports under Subsection (6) a modification or repeal of a provision of Section 41,
980     Internal Revenue Code.
981          (b) The review described in Subsection (7)(a) is in addition to the review required by
982     Section 59-10-137.
983          [(b)] (c) Notwithstanding Subsection (7)(a), the Revenue and Taxation Interim
984     Committee is not required to review the tax credits provided for in this section if the only
985     modification to a provision of Section 41, Internal Revenue Code, is the extension of the
986     termination date provided for in Section 41(h), Internal Revenue Code.

987          [(c)] (d) The Revenue and Taxation Interim Committee shall address in a review under
988     this section the:
989          (i) cost of the tax credits provided for in this section;
990          (ii) purpose and effectiveness of the tax credits provided for in this section;
991          (iii) whether the tax credits provided for in this section benefit the state; and
992          (iv) whether the tax credits provided for in this section should be:
993          (A) continued;
994          (B) modified; or
995          (C) repealed.
996          [(d)] (e) If the Revenue and Taxation Interim Committee reviews the tax credits
997     provided for in this section, the committee shall issue a report [its] of the Revenue and
998     Taxation Interim Committee's findings [to the Legislative Management Committee on or
999     before the November interim meeting of the year in which the Revenue and Taxation Interim
1000     Committee reviews the tax credits].
1001          Section 13. Section 59-10-1014 is amended to read:
1002          59-10-1014. Nonrefundable renewable energy systems tax credits -- Definitions --
1003     Certification -- Rulemaking authority -- Revenue and Taxation Interim Committee study.
1004          (1) As used in this section:
1005          (a) (i) "Active solar system" means a system of equipment that is capable of:
1006          (A) collecting and converting incident solar radiation into thermal, mechanical, or
1007     electrical energy; and
1008          (B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a separate
1009     apparatus to storage or to the point of use.
1010          (ii) "Active solar system" includes water heating, space heating or cooling, and
1011     electrical or mechanical energy generation.
1012          (b) "Biomass system" means a system of apparatus and equipment for use in:
1013          (i) converting material into biomass energy, as defined in Section 59-12-102; and
1014          (ii) transporting the biomass energy by separate apparatus to the point of use or storage.
1015          (c) "Direct use geothermal system" means a system of apparatus and equipment that
1016     enables the direct use of geothermal energy to meet energy needs, including heating a building,
1017     an industrial process, and aquaculture.

1018          (d) "Geothermal electricity" means energy that is:
1019          (i) contained in heat that continuously flows outward from the earth; and
1020          (ii) used as a sole source of energy to produce electricity.
1021          (e) "Geothermal energy" means energy generated by heat that is contained in the earth.
1022          (f) "Geothermal heat pump system" means a system of apparatus and equipment that:
1023          (i) enables the use of thermal properties contained in the earth at temperatures well
1024     below 100 degrees Fahrenheit; and
1025          (ii) helps meet heating and cooling needs of a structure.
1026          (g) "Hydroenergy system" means a system of apparatus and equipment that is capable
1027     of:
1028          (i) intercepting and converting kinetic water energy into electrical or mechanical
1029     energy; and
1030          (ii) transferring this form of energy by separate apparatus to the point of use or storage.
1031          (h) "Office" means the Office of Energy Development created in Section 63M-4-401.
1032          (i) (i) "Passive solar system" means a direct thermal system that utilizes the structure of
1033     a building and its operable components to provide for collection, storage, and distribution of
1034     heating or cooling during the appropriate times of the year by utilizing the climate resources
1035     available at the site.
1036          (ii) "Passive solar system" includes those portions and components of a building that
1037     are expressly designed and required for the collection, storage, and distribution of solar energy.
1038          (j) (i) "Principal recovery portion" means the portion of a lease payment that
1039     constitutes the cost a person incurs in acquiring a residential energy system.
1040          (ii) "Principal recovery portion" does not include:
1041          (A) an interest charge; or
1042          (B) a maintenance expense.
1043          (k) "Residential energy system" means the following used to supply energy to or for a
1044     residential unit:
1045          (i) an active solar system;
1046          (ii) a biomass system;
1047          (iii) a direct use geothermal system;
1048          (iv) a geothermal heat pump system;

1049          (v) a hydroenergy system;
1050          (vi) a passive solar system; or
1051          (vii) a wind system.
1052          (l) (i) "Residential unit" means a house, condominium, apartment, or similar dwelling
1053     unit that:
1054          (A) is located in the state; and
1055          (B) serves as a dwelling for a person, group of persons, or a family.
1056          (ii) "Residential unit" does not include property subject to a fee under:
1057          (A) Section 59-2-404;
1058          (B) Section 59-2-405;
1059          (C) Section 59-2-405.1;
1060          (D) Section 59-2-405.2; or
1061          (E) Section 59-2-405.3.
1062          (m) "Wind system" means a system of apparatus and equipment that is capable of:
1063          (i) intercepting and converting wind energy into mechanical or electrical energy; and
1064          (ii) transferring these forms of energy by a separate apparatus to the point of use or
1065     storage.
1066          (2) A claimant, estate, or trust may claim an energy system tax credit as provided in
1067     this section against a tax due under this chapter for a taxable year.
1068          (3) (a) Subject to the other provisions of this Subsection (3), a claimant, estate, or trust
1069     may claim a nonrefundable tax credit under this Subsection (3) with respect to a residential unit
1070     the claimant, estate, or trust owns or uses if:
1071          (i) the claimant, estate, or trust:
1072          (A) purchases and completes a residential energy system to supply all or part of the
1073     energy required for the residential unit; or
1074          (B) participates in the financing of a residential energy system to supply all or part of
1075     the energy required for the residential unit;
1076          (ii) the residential energy system is completed and placed in service on or after January
1077     1, 2007; and
1078          (iii) the claimant, estate, or trust obtains a written certification from the office in
1079     accordance with Subsection (4).

1080          (b) (i) Subject to Subsections (3)(b)(ii) through (vi), the tax credit is equal to 25% of
1081     the reasonable costs of each residential energy system installed with respect to each residential
1082     unit the claimant, estate, or trust owns or uses.
1083          (ii) A tax credit under this Subsection (3) may include installation costs.
1084          (iii) A claimant, estate, or trust may claim a tax credit under this Subsection (3) for the
1085     taxable year in which the residential energy system is completed and placed in service.
1086          (iv) If the amount of a tax credit under this Subsection (3) exceeds a claimant's,
1087     estate's, or trust's tax liability under this chapter for a taxable year, the amount of the tax credit
1088     exceeding the liability may be carried forward for a period that does not exceed the next four
1089     taxable years.
1090          (v) The total amount of tax credit a claimant, estate, or trust may claim under this
1091     Subsection (3) may not exceed $2,000 per residential unit.
1092          (vi) A claimant, estate, or trust may claim a tax credit with respect to additional
1093     residential energy systems or parts of residential energy systems for a subsequent taxable year
1094     if the total amount of tax credit the claimant, estate, or trust claims does not exceed $2,000 per
1095     residential unit.
1096          (c) (i) Subject to Subsections (3)(c)(ii) and (iii), a claimant, estate, or trust that leases a
1097     residential energy system installed on a residential unit may claim a tax credit under this
1098     Subsection (3) if the claimant, estate, or trust confirms that the lessor irrevocably elects not to
1099     claim the tax credit.
1100          (ii) A claimant, estate, or trust described in Subsection (3)(c)(i) that leases a residential
1101     energy system may claim as a tax credit under this Subsection (3) only the principal recovery
1102     portion of the lease payments.
1103          (iii) A claimant, estate, or trust described in Subsection (3)(c)(i) that leases a residential
1104     energy system may claim a tax credit under this Subsection (3) for a period that does not
1105     exceed seven taxable years after the date the lease begins, as stated in the lease agreement.
1106          (d) If a claimant, estate, or trust sells a residential unit to another person before the
1107     claimant, estate, or trust claims the tax credit under this Subsection (3):
1108          (i) the claimant, estate, or trust may assign the tax credit to the other person; and
1109          (ii) (A) if the other person files a return under Chapter 7, Corporate Franchise and
1110     Income Taxes, the other person may claim the tax credit as if the other person had met the

1111     requirements of Section 59-7-614 to claim the tax credit; or
1112          (B) if the other person files a return under this chapter, the other person may claim the
1113     tax credit under this section as if the other person had met the requirements of this section to
1114     claim the tax credit.
1115          (4) (a) Before a claimant, estate, or trust may claim a tax credit under this section, the
1116     claimant, estate, or trust shall obtain a written certification from the office.
1117          (b) The office shall issue a claimant, estate, or trust a written certification if the office
1118     determines that:
1119          (i) the claimant, estate, or trust meets the requirements of this section to receive a tax
1120     credit; and
1121          (ii) the office determines that the residential energy system with respect to which the
1122     claimant, estate, or trust seeks to claim a tax credit:
1123          (A) has been completely installed;
1124          (B) is a viable system for saving or producing energy from renewable resources; and
1125          (C) is safe, reliable, efficient, and technically feasible to ensure that the residential
1126     energy system uses the state's renewable and nonrenewable energy resources in an appropriate
1127     and economic manner.
1128          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1129     office may make rules:
1130          (i) for determining whether a residential energy system meets the requirements of
1131     Subsection (4)(b)(ii); and
1132          (ii) for purposes of a tax credit under Subsection (3), establishing the reasonable costs
1133     of a residential energy system, as an amount per unit of energy production.
1134          (d) A claimant, estate, or trust that obtains a written certification from the office shall
1135     retain the certification for the same time period a person is required to keep books and records
1136     under Section 59-1-1406.
1137          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1138     commission may make rules to address the certification of a tax credit under this section.
1139          (6) A tax credit under this section is in addition to any tax credits provided under the
1140     laws or rules and regulations of the United States.
1141          (7) A purchaser of one or more solar units that claims a tax credit under Section

1142     59-10-1024 for the purchase of the one or more solar units may not claim a tax credit under this
1143     section for that purchase.
1144          [(8) (a) On or before October 1, 2017, and every five years after 2017, the Revenue and
1145     Taxation Interim Committee shall review each tax credit provided by this section and report its
1146     recommendations to the Legislative Management Committee concerning whether the tax credit
1147     should be continued, modified, or repealed.]
1148          [(b) The Revenue and Taxation Interim Committee's report under Subsection (8)(a)
1149     shall include information concerning the cost of the tax credit, the purpose and effectiveness of
1150     the tax credit, and the state's benefit from the tax credit.]
1151          Section 14. Section 59-10-1024 is amended to read:
1152          59-10-1024. Nonrefundable tax credit for qualifying solar projects.
1153          (1) As used in this section:
1154          (a) "Active solar system" [is as] means the same as that term is defined in Section
1155     59-10-1014.
1156          (b) "Purchaser" means a claimant, estate, or trust that purchases one or more solar units
1157     from a qualifying political subdivision.
1158          (c) "Qualifying political subdivision" means:
1159          (i) a city or town in this state;
1160          (ii) an interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act;
1161     or
1162          (iii) a special service district created under Title 17D, Chapter 1, Special Service
1163     District Act.
1164          (d) "Qualifying solar project" means the portion of an active solar system:
1165          (i) that a qualifying political subdivision:
1166          (A) constructs;
1167          (B) controls; or
1168          (C) owns;
1169          (ii) with respect to which the qualifying political subdivision described in Subsection
1170     (1)(c)(i) sells one or more solar units; and
1171          (iii) that generates electrical output that is furnished:
1172          (A) to one or more residential units; or

1173          (B) for the benefit of one or more residential units.
1174          (e) "Residential unit" [is as] means the same as that term is defined in Section
1175     59-10-1014.
1176          (f) "Solar unit" means a portion of the electrical output:
1177          (i) of a qualifying solar project;
1178          (ii) that a qualifying political subdivision sells to a purchaser; and
1179          (iii) the purchase of which requires that the purchaser agree to bear a proportionate
1180     share of the expense of the qualifying solar project:
1181          (A) in accordance with a written agreement between the purchaser and the qualifying
1182     political subdivision;
1183          (B) in exchange for a credit on the purchaser's electrical bill; and
1184          (C) as determined by a formula established by the qualifying political subdivision.
1185          (2) Subject to Subsection (3), for taxable years beginning on or after January 1, 2009, a
1186     purchaser may claim a nonrefundable tax credit equal to the product of:
1187          (a) the amount the purchaser pays to purchase one or more solar units during the
1188     taxable year; and
1189          (b) 25%.
1190          (3) For a taxable year, a tax credit under this section may not exceed $2,000 on a
1191     return.
1192          (4) A purchaser may carry forward a tax credit under this section for a period that does
1193     not exceed the next four taxable years if:
1194          (a) the purchaser is allowed to claim a tax credit under this section for a taxable year;
1195     and
1196          (b) the amount of the tax credit exceeds the purchaser's tax liability under this chapter
1197     for that taxable year.
1198          (5) Subject to Section 59-10-1014, a tax credit under this section is in addition to any
1199     other tax credit allowed by this chapter.
1200          [(6) (a) On or before October 1, 2012, and every five years after October 1, 2012, the
1201     Revenue and Taxation Interim Committee shall review the tax credit allowed by this section
1202     and report its recommendations to the Legislative Management Committee concerning whether
1203     the tax credit should be continued, modified, or repealed.]

1204          [(b) The Revenue and Taxation Interim Committee's report under Subsection (6)(a)
1205     shall include information concerning the cost of the tax credit, the purpose and effectiveness of
1206     the tax credit, and the state's benefit from the tax credit.]
1207          Section 15. Section 59-10-1029 is amended to read:
1208          59-10-1029. Nonrefundable alternative energy development tax credit.
1209          (1) As used in this section:
1210          (a) "Alternative energy entity" [is as] means the same as that term is defined in Section
1211     63M-4-502.
1212          (b) "Alternative energy project" [is as] means the same as that term is defined in
1213     Section 63M-4-502.
1214          (c) "Office" [is as defined] means the Office of Energy Development created in Section
1215     63M-4-401.
1216          (2) Subject to the other provisions of this section, an alternative energy entity may
1217     claim a nonrefundable tax credit for alternative energy development as provided in this section.
1218          (3) The tax credit under this section is the amount listed as the tax credit amount on a
1219     tax credit certificate that the office issues under Title 63M, Chapter 4, Part 5, Alternative
1220     Energy Development Tax Credit Act, to the alternative energy entity for the taxable year.
1221          (4) An alternative energy entity may carry forward a tax credit under this section for a
1222     period that does not exceed the next seven taxable years if:
1223          (a) the alternative energy entity is allowed to claim a tax credit under this section for a
1224     taxable year; and
1225          (b) the amount of the tax credit exceeds the alternative energy entity's tax liability
1226     under this chapter for that taxable year.
1227          (5) (a) [On or before October 1, 2017, and every five years after October 1, 2017] In
1228     accordance with Section 59-10-137, the Revenue and Taxation Interim Committee shall study
1229     the tax credit allowed by this section and make recommendations [to the Legislative
1230     Management Committee] concerning whether the tax credit should be continued, modified, or
1231     repealed.
1232          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
1233     required by this Subsection (5), the office shall provide the following information , if available
1234     to the office, to the [Revenue and Taxation Interim Committee] Office of the Legislative Fiscal

1235     Analyst:
1236          [(i)] (A) the amount of tax credit that the office grants to each alternative energy entity
1237     for each taxable year;
1238          [(ii)] (B) the new state revenues generated by each alternative energy project;
1239          [(iii)] (C) the information contained in the office's latest report [to the Legislature]
1240     under Section 63M-4-505; and
1241          [(iv)] (D) any other information that the [Revenue and Taxation Interim Committee]
1242     Office of the Legislative Fiscal Analyst requests.
1243          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1244     redact information that identifies a recipient of a tax credit under this section.
1245          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
1246     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
1247     credit, the office may file a request with the Revenue and Taxation Interim Committee to
1248     provide the information described in Subsection (5)(b)(i) in the aggregate for all alternative
1249     energy entities that receive the tax credit under this section.
1250          (c) As part of the study required by this Subsection (5), the Office of the Legislative
1251     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1252     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1253     office under Subsection (5)(b).
1254          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that [its] the
1255     Revenue and Taxation Interim Committee's recommendations under Subsection (5)(a) include
1256     an evaluation of:
1257          (i) the cost of the tax credit to the state;
1258          (ii) the purpose and effectiveness of the tax credit; and
1259          (iii) the extent to which the state benefits from the tax credit.
1260          Section 16. Section 59-10-1030 is amended to read:
1261          59-10-1030. Nonrefundable alternative energy manufacturing tax credit.
1262          (1) As used in this section:
1263          (a) "Alternative energy entity" [is as] means the same as that term is defined in Section
1264     63N-2-702.
1265          (b) "Alternative energy manufacturing project" [is as] means the same as that term is

1266     defined in Section 63N-2-702.
1267          (c) "Office" means the Governor's Office of Economic Development.
1268          (2) Subject to the other provisions of this section, an alternative energy entity may
1269     claim a nonrefundable tax credit for alternative energy manufacturing as provided in this
1270     section.
1271          (3) The tax credit under this section is the amount listed as the tax credit amount on a
1272     tax credit certificate that the office issues under Title 63N, Chapter 2, Part 7, Alternative
1273     Energy Manufacturing Tax Credit Act, to the alternative energy entity for the taxable year.
1274          (4) An alternative energy entity may carry forward a tax credit under this section for a
1275     period that does not exceed the next seven taxable years if:
1276          (a) the alternative energy entity is allowed to claim a tax credit under this section for a
1277     taxable year; and
1278          (b) the amount of the tax credit exceeds the alternative energy entity's tax liability
1279     under this chapter for that taxable year.
1280          (5) (a) [On or before October 1, 2017, and every five years after October 1, 2017] In
1281     accordance with Section 59-10-137, the Revenue and Taxation Interim Committee shall study
1282     the tax credit allowed by this section and make recommendations [to the Legislative
1283     Management Committee] concerning whether the tax credit should be continued, modified, or
1284     repealed.
1285          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
1286     required by this Subsection (5), the office shall provide the following information , if available
1287     to the office, to the [Revenue and Taxation Interim Committee] Office of the Legislative Fiscal
1288     Analyst:
1289          [(i)] (A) the amount of tax credit that the office grants to each alternative energy entity
1290     for each taxable year;
1291          [(ii)] (B) the new state revenues generated by each alternative energy manufacturing
1292     project;
1293          [(iii)] (C) the information contained in the office's latest report to the Legislature under
1294     Section 63N-2-705; and
1295          [(iv)] (D) any other information that the [Revenue and Taxation Interim Committee]
1296     Office of the Legislative Fiscal Analyst requests.

1297          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1298     redact information that identifies a recipient of a tax credit under this section.
1299          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
1300     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
1301     credit, the office may file a request with the Revenue and Taxation Interim Committee to
1302     provide the information described in Subsection (5)(b)(i) in the aggregate for all alternative
1303     energy entities that receive the tax credit under this section.
1304          (c) As part of the study required by this Subsection (5), the Office of the Legislative
1305     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1306     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1307     office under Subsection (5)(b).
1308          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that its
1309     recommendations under Subsection (5)(a) include an evaluation of:
1310          (i) the cost of the tax credit to the state;
1311          (ii) the purpose and effectiveness of the tax credit; and
1312          (iii) the extent to which the state benefits from the tax credit.
1313          Section 17. Section 59-10-1034 is amended to read:
1314          59-10-1034. Nonrefundable high cost infrastructure development tax credit.
1315          (1) As used in this section:
1316          (a) "High cost infrastructure project" means the same as that term is defined in Section
1317     63M-4-602.
1318          (b) "Infrastructure cost-burdened entity" means the same as that term is defined in
1319     Section 63M-4-602.
1320          (c) "Infrastructure-related revenue" means the same as that term is defined in Section
1321     63M-4-602.
1322          (d) "Office" means the Office of Energy Development created in Section 63M-4-401.
1323          (2) Subject to the other provisions of this section, a claimant, estate, or trust that is an
1324     infrastructure cost-burdened entity may claim a nonrefundable tax credit for development of a
1325     high cost infrastructure project as provided in this section.
1326          (3) The tax credit under this section is the amount listed as the tax credit amount on a
1327     tax credit certificate that the office issues under Title 63M, Chapter 4, Part 6, High Cost

1328     Infrastructure Development Tax Credit Act, to the infrastructure cost-burdened entity for the
1329     taxable year.
1330          (4) An infrastructure cost-burdened entity may carry forward a tax credit under this
1331     section for a period that does not exceed the next seven taxable years if:
1332          (a) the infrastructure cost-burdened entity is allowed to claim a tax credit under this
1333     section for a taxable year; and
1334          (b) the amount of the tax credit exceeds the infrastructure cost-burdened entity's tax
1335     liability under this chapter for that taxable year.
1336          (5) (a) [On or before October 1, 2020, and every five years after October 1, 2020] In
1337     accordance with Section 59-10-137, the Revenue and Taxation Interim Committee shall study
1338     the tax credit allowed by this section and make recommendations [to the Legislative
1339     Management Committee] concerning whether the tax credit should be continued, modified, or
1340     repealed.
1341          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
1342     required by this Subsection (5), the office shall provide the following information , if available
1343     to the office, to the [Revenue and Taxation Interim Committee] Office of the Legislative Fiscal
1344     Analyst:
1345          [(i)] (A) the amount of tax credit that the office grants to each infrastructure
1346     cost-burdened entity for each taxable year;
1347          [(ii)] (B) the infrastructure-related revenue generated by each high cost infrastructure
1348     project;
1349          [(iii)] (C) the information contained in the office's latest report [to the Legislature]
1350     under Section 63M-4-505; and
1351          [(iv)] (D) any other information that the [Revenue and Taxation Interim Committee]
1352     Office of the Legislative Fiscal Analyst requests.
1353          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1354     redact information that identifies a recipient of a tax credit under this section.
1355          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
1356     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
1357     credit, the office may file a request with the Revenue and Taxation Interim Committee to
1358     provide the information described in Subsection (5)(b)(i) in the aggregate for all infrastructure

1359     cost-burdened entities that receive the tax credit under this section.
1360          (c) As part of the study required by this Subsection (5), the Office of the Legislative
1361     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1362     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1363     office under Subsection (5)(b).
1364          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that the Revenue
1365     and Taxation Interim Committee's recommendations under Subsection (5)(a) include an
1366     evaluation of:
1367          (i) the cost of the tax credit to the state;
1368          (ii) the purpose and effectiveness of the tax credit; and
1369          (iii) the extent to which the state benefits from the tax credit.
1370          Section 18. Section 59-10-1106 is amended to read:
1371          59-10-1106. Refundable renewable energy systems tax credits -- Definitions --
1372     Certification -- Rulemaking authority -- Revenue and Taxation Interim Committee study.
1373          (1) As used in this section:
1374          (a) "Active solar system" [has the same meaning as] means the same as that term is
1375     defined in Section 59-10-1014.
1376          (b) "Biomass system" [has the same meaning as] means the same as that term is
1377     defined in Section 59-10-1014.
1378          (c) "Commercial energy system" [has the same meaning as] means the same as that
1379     term is defined in Section 59-7-614.
1380          (d) "Commercial enterprise" [has the same meaning as] means the same as that term is
1381     defined in Section 59-7-614.
1382          (e) (i) "Commercial unit" [has the same meaning as] means the same as that term is
1383     defined in Section 59-7-614.
1384          (ii) Notwithstanding Subsection (1)(e)(i):
1385          (A) with respect to an active solar system used for agricultural water pumping or a
1386     wind system, each individual energy generating device is considered to be a commercial unit;
1387     or
1388          (B) if an energy system is the building or structure that a claimant, estate, or trust uses
1389     to transact business, a commercial unit is the complete energy system itself.

1390          (f) "Direct use geothermal system" [has the same meaning as] means the same as that
1391     term is defined in Section 59-10-1014.
1392          (g) "Geothermal electricity" [has the same meaning as] means the same as that term is
1393     defined in Section 59-10-1014.
1394          (h) "Geothermal energy" [has the same meaning as] means the same as that term is
1395     defined in Section 59-10-1014.
1396          (i) "Geothermal heat pump system" [has the same meaning as] means the same as that
1397     term is defined in Section 59-10-1014.
1398          (j) "Hydroenergy system" [has the same meaning as] means the same as that term is
1399     defined in Section 59-10-1014.
1400          (k) "Office" means the Office of Energy Development created in Section 63M-4-401.
1401          (l) "Passive solar system" [has the same meaning as] means the same as that term is
1402     defined in Section 59-10-1014.
1403          (m) "Principal recovery portion" [has the same meaning as] means the same as that
1404     term is defined in Section 59-10-1014.
1405          (n) "Wind system" [has the same meaning as] means the same as that term is defined in
1406     Section 59-10-1014.
1407          (2) A claimant, estate, or trust may claim an energy system tax credit as provided in
1408     this section against a tax due under this chapter for a taxable year.
1409          (3) (a) Subject to the other provisions of this Subsection (3), a claimant, estate, or trust
1410     may claim a refundable tax credit under this Subsection (3) with respect to a commercial
1411     energy system if:
1412          (i) the commercial energy system does not use:
1413          (A) wind, geothermal electricity, solar, or biomass equipment capable of producing a
1414     total of 660 or more kilowatts of electricity; or
1415          (B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
1416          (ii) the claimant, estate, or trust purchases or participates in the financing of the
1417     commercial energy system;
1418          (iii) (A) the commercial energy system supplies all or part of the energy required by
1419     commercial units owned or used by the claimant, estate, or trust; or
1420          (B) the claimant, estate, or trust sells all or part of the energy produced by the

1421     commercial energy system as a commercial enterprise;
1422          (iv) the commercial energy system is completed and placed in service on or after
1423     January 1, 2007; and
1424          (v) the claimant, estate, or trust obtains a written certification from the office in
1425     accordance with Subsection (6).
1426          (b) (i) Subject to Subsections (3)(b)(ii) through (v), the tax credit is equal to 10% of the
1427     reasonable costs of the commercial energy system.
1428          (ii) A tax credit under this Subsection (3) may include installation costs.
1429          (iii) A claimant, estate, or trust may claim a tax credit under this Subsection (3) for the
1430     taxable year in which the commercial energy system is completed and placed in service.
1431          (iv) A tax credit under this Subsection (3) may not be carried forward or carried back.
1432          (v) The total amount of tax credit a claimant, estate, or trust may claim under this
1433     Subsection (3) may not exceed $50,000 per commercial unit.
1434          (c) (i) Subject to Subsections (3)(c)(ii) and (iii), a claimant, estate, or trust that is a
1435     lessee of a commercial energy system installed on a commercial unit may claim a tax credit
1436     under this Subsection (3) if the claimant, estate, or trust confirms that the lessor irrevocably
1437     elects not to claim the tax credit.
1438          (ii) A claimant, estate, or trust described in Subsection (3)(c)(i) may claim as a tax
1439     credit under this Subsection (3) only the principal recovery portion of the lease payments.
1440          (iii) A claimant, estate, or trust described in Subsection (3)(c)(i) may claim a tax credit
1441     under this Subsection (3) for a period that does not exceed seven taxable years after the date the
1442     lease begins, as stated in the lease agreement.
1443          (4) (a) Subject to the other provisions of this Subsection (4), a claimant, estate, or trust
1444     may claim a refundable tax credit under this Subsection (4) with respect to a commercial
1445     energy system if:
1446          (i) the commercial energy system uses wind, geothermal electricity, or biomass
1447     equipment capable of producing a total of 660 or more kilowatts of electricity;
1448          (ii) (A) the commercial energy system supplies all or part of the energy required by
1449     commercial units owned or used by the claimant, estate, or trust; or
1450          (B) the claimant, estate, or trust sells all or part of the energy produced by the
1451     commercial energy system as a commercial enterprise;

1452          (iii) the commercial energy system is completed and placed in service on or after
1453     January 1, 2007; and
1454          (iv) the claimant, estate, or trust obtains a written certification from the office in
1455     accordance with Subsection (6).
1456          (b) (i) Subject to Subsections (4)(b)(ii) and (iii), a tax credit under this Subsection (4)
1457     is equal to the product of:
1458          (A) 0.35 cents; and
1459          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
1460          (ii) A tax credit under this Subsection (4) may be claimed for production occurring
1461     during a period of 48 months beginning with the month in which the commercial energy
1462     system is placed in commercial service.
1463          (iii) A tax credit under this Subsection (4) may not be carried forward or back.
1464          (c) A claimant, estate, or trust that is a lessee of a commercial energy system installed
1465     on a commercial unit may claim a tax credit under this Subsection (4) if the claimant, estate, or
1466     trust confirms that the lessor irrevocably elects not to claim the tax credit.
1467          (5) (a) Subject to the other provisions of this Subsection (5), a claimant, estate, or trust
1468     may claim a refundable tax credit as provided in this Subsection (5) if:
1469          (i) the claimant, estate, or trust owns a commercial energy system that uses solar
1470     equipment capable of producing a total of 660 or more kilowatts of electricity;
1471          (ii) (A) the commercial energy system supplies all or part of the energy required by
1472     commercial units owned or used by the claimant, estate, or trust; or
1473          (B) the claimant, estate, or trust sells all or part of the energy produced by the
1474     commercial energy system as a commercial enterprise;
1475          (iii) the claimant, estate, or trust does not claim a tax credit under Subsection (3);
1476          (iv) the commercial energy system is completed and placed in service on or after
1477     January 1, 2015; and
1478          (v) the claimant, estate, or trust obtains a written certification from the office in
1479     accordance with Subsection (6).
1480          (b) (i) Subject to Subsections (5)(b)(ii) and (iii), a tax credit under this Subsection (5)
1481     is equal to the product of:
1482          (A) 0.35 cents; and

1483          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
1484          (ii) A tax credit under this Subsection (5) may be claimed for production occurring
1485     during a period of 48 months beginning with the month in which the commercial energy
1486     system is placed in commercial service.
1487          (iii) A tax credit under this Subsection (5) may not be carried forward or carried back.
1488          (c) A claimant, estate, or trust that is a lessee of a commercial energy system installed
1489     on a commercial unit may claim a tax credit under this Subsection (5) if the claimant, estate, or
1490     trust confirms that the lessor irrevocably elects not to claim the tax credit.
1491          (6) (a) Before a claimant, estate, or trust may claim a tax credit under this section, the
1492     claimant, estate, or trust shall obtain a written certification from the office.
1493          (b) The office shall issue a claimant, estate, or trust a written certification if the office
1494     determines that:
1495          (i) the claimant, estate, or trust meets the requirements of this section to receive a tax
1496     credit; and
1497          (ii) the office determines that the commercial energy system with respect to which the
1498     claimant, estate, or trust seeks to claim a tax credit:
1499          (A) has been completely installed;
1500          (B) is a viable system for saving or producing energy from renewable resources; and
1501          (C) is safe, reliable, efficient, and technically feasible to ensure that the commercial
1502     energy system uses the state's renewable and nonrenewable resources in an appropriate and
1503     economic manner.
1504          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1505     office may make rules:
1506          (i) for determining whether a commercial energy system meets the requirements of
1507     Subsection (6)(b)(ii); and
1508          (ii) for purposes of a tax credit under Subsection (3), establishing the reasonable costs
1509     of a commercial energy system, as an amount per unit of energy production.
1510          (d) A claimant, estate, or trust that obtains a written certification from the office shall
1511     retain the certification for the same time period a person is required to keep books and records
1512     under Section 59-1-1406.
1513          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

1514     commission may make rules to address the certification of a tax credit under this section.
1515          (8) A tax credit under this section is in addition to any tax credits provided under the
1516     laws or rules and regulations of the United States.
1517          (9) A purchaser of one or more solar units that claims a tax credit under Section
1518     59-10-1024 for the purchase of the one or more solar units may not claim a tax credit under this
1519     section for that purchase.
1520          [(10) (a) On or before October 1, 2017, and every five years after 2017, the Revenue
1521     and Taxation Interim Committee shall review each tax credit provided by this section and
1522     report its recommendations to the Legislative Management Committee concerning whether the
1523     credit should be continued, modified, or repealed.]
1524          [(b) The Revenue and Taxation Interim Committee's report under Subsection (10)(a)
1525     shall include information concerning the cost of the credit, the purpose and effectiveness of the
1526     credit, and the state's benefit from the credit.]
1527          Section 19. Section 59-10-1107 is amended to read:
1528          59-10-1107. Refundable economic development tax credit.
1529          (1) As used in this section:
1530          (a) "Business entity" means a claimant, estate, or trust that meets the definition of
1531     ["]business entity["] as defined in Section 63N-2-103.
1532          (b) "Office" means the Governor's Office of Economic Development.
1533          (2) Subject to the other provisions of this section, a business entity may claim a
1534     refundable tax credit for economic development.
1535          (3) The tax credit under this section is the amount listed as the tax credit amount on the
1536     tax credit certificate that the office issues to the business entity for the taxable year.
1537          (4) (a) In accordance with any rules prescribed by the commission under Subsection
1538     (4)(b), the commission shall make a refund to a business entity that claims a tax credit under
1539     this section if the amount of the tax credit exceeds the business entity's tax liability for a
1540     taxable year.
1541          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1542     commission may make rules providing procedures for making a refund to a business entity as
1543     required by Subsection (4)(a).
1544          (5) (a) [On or before October 1, 2013, and every five years after October 1, 2013] In

1545     accordance with Section 59-10-137, the Revenue and Taxation Interim Committee shall study
1546     the tax credit allowed by this section and make recommendations [to the Legislative
1547     Management Committee] concerning whether the tax credit should be continued, modified, or
1548     repealed.
1549          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
1550     required by this Subsection (5), the office shall provide the following information [to the
1551     Revenue and Taxation Interim Committee], if available to the office :
1552          [(i)] (A) the amount of tax credit the office grants to each taxpayer for each calendar
1553     year;
1554          [(ii)] (B) the criteria the office uses in granting a tax credit;
1555          [(iii)] (C) the new state revenues generated by each taxpayer for each calendar year;
1556          [(iv)] (D) the information contained in the office's latest report to the Legislature under
1557     Section 63N-2-106; and
1558          [(v)] (E) any other information that the Revenue and Taxation Interim Committee
1559     requests.
1560          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1561     redact information that identifies a recipient of a tax credit under this section.
1562          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
1563     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
1564     credit, the office may file a request with the Revenue and Taxation Interim Committee to
1565     provide the information described in Subsection (5)(b)(i) in the aggregate for all taxpayers that
1566     receive the tax credit under this section.
1567          (c) The Revenue and Taxation Interim Committee shall ensure that [its] the Revenue
1568     and Taxation Interim Committee's recommendations under Subsection (5)(a) include an
1569     evaluation of:
1570          (i) the cost of the tax credit to the state;
1571          (ii) the purpose and effectiveness of the tax credit; and
1572          (iii) the extent to which the state benefits from the tax credit.
1573          Section 20. Section 59-10-1108 is amended to read:
1574          59-10-1108. Refundable motion picture tax credit.
1575          (1) As used in this section:

1576          (a) "Motion picture company" means a claimant, estate, or trust that meets the
1577     definition of a motion picture company under Section 63N-8-102.
1578          (b) "Office" means the Governor's Office of Economic Development.
1579          (c) "State-approved production" [has the same meaning as] means the same as that
1580     term is defined in Section 63N-8-102.
1581          (2) For a taxable [years] year beginning on or after January 1, 2009, a motion picture
1582     company may claim a refundable tax credit for a state-approved production.
1583          (3) The tax credit under this section is the amount listed as the tax credit amount on the
1584     tax credit certificate that the office issues to a motion picture company under Section
1585     63N-8-103 for the taxable year.
1586          (4) (a) In accordance with any rules prescribed by the commission under Subsection
1587     (4)(b), the commission shall make a refund to a motion picture company that claims a tax
1588     credit under this section if the amount of the tax credit exceeds the motion picture company's
1589     tax liability for the taxable year.
1590          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1591     commission may make rules providing procedures for making a refund to a motion picture
1592     company as required by Subsection (4)(a).
1593          (5) (a) [On or before October 1, 2014, and every five years after October 1, 2014,] In
1594     accordance with Section 59-10-137, the Revenue and Taxation Interim Committee shall study
1595     the tax credit allowed by this section and make recommendations [to the Legislative
1596     Management Committee] concerning whether the tax credit should be continued, modified, or
1597     repealed.
1598          (b) [For] (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study
1599     required by this Subsection (5), the office shall provide the following information , if available
1600     to the office, to the [Revenue and Taxation Interim Committee] Office of the Legislative Fiscal
1601     Analyst:
1602          [(i)] (A) the amount of tax credit the office grants to each taxpayer for each calendar
1603     year;
1604          [(ii)] (B) the criteria the office uses in granting a tax credit;
1605          [(iii)] (C) the dollars left in the state, as defined in Section 63N-8-102, by each motion
1606     picture company for each calendar year;

1607          [(iv)] (D) the information contained in the office's latest report to the Legislature under
1608     Section 63N-8-105; and
1609          [(v)] (E) any other information requested by the [Revenue and Taxation Interim
1610     Committee] Office of the Legislative Fiscal Analyst.
1611          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1612     redact information that identifies a recipient of a tax credit under this section.
1613          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii), reporting the
1614     information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a tax
1615     credit, the office may file a request with the Revenue and Taxation Interim Committee to
1616     provide the information described in Subsection (5)(b)(i) in the aggregate for all taxpayers that
1617     receive the tax credit under this section.
1618          (c) As part of the study required by this Subsection (5), the Office of the Legislative
1619     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1620     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1621     office under Subsection (5)(b).
1622          [(c)] (d) The Revenue and Taxation Interim Committee shall ensure that [its] the
1623     Revenue and Taxation Interim Committee's recommendations under Subsection (5)(a) include
1624     an evaluation of:
1625          (i) the cost of the tax credit to the state;
1626          (ii) the effectiveness of the tax credit; and
1627          (iii) the extent to which the state benefits from the tax credit.
1628          Section 21. Section 59-13-202 is amended to read:
1629          59-13-202. Refund of tax for agricultural uses on individual income and
1630     corporate franchise and income tax returns -- Application for permit for refund --
1631     Division of Finance to pay claims -- Rules permitted to enforce part -- Penalties.
1632          (1) As used in this section:
1633          (a) (i) Except at provided in Subsection (1)(a)(ii), "claimant" means a resident or
1634     nonresident person.
1635          (ii) "Claimant" does not include an estate or trust.
1636          (b) "Estate" means a nonresident estate or a resident estate.
1637          (c) "Refundable tax credit" or "tax credit" means a tax credit that a claimant, estate, or

1638     trust may claim:
1639          (i) as provided by statute; and
1640          (ii) regardless of whether, for the taxable year for which the claimant, estate, or trust
1641     claims the tax credit, the claimant, estate, or trust has a tax liability under:
1642          (A) Chapter 7, Corporate Franchise and Income Taxes; or
1643          (B) Chapter 10, Individual Income Tax Act.
1644          (d) "Trust" means a nonresident trust or a resident trust.
1645          (2) Any claimant, estate, or trust that purchases and uses any motor fuel within the state
1646     for the purpose of operating or propelling stationary farm engines and self-propelled farm
1647     machinery used for nonhighway agricultural uses, and that has paid the tax on the motor fuel as
1648     provided by this part, is entitled to a refund of the tax subject to the conditions and limitations
1649     provided under this part.
1650          (3) (a) A claimant, estate, or trust desiring a nonhighway agricultural use refund under
1651     this part shall claim the refund as a refundable tax credit on the tax return the claimant, estate,
1652     or trust files under:
1653          (i) Chapter 7, Corporate Franchise and Income Taxes; or
1654          (ii) Chapter 10, Individual Income Tax Act.
1655          (b) A claimant, estate, or trust not subject to filing a tax return described in Subsection
1656     (3)(a) shall obtain a permit and file claims on a calendar year basis.
1657          (c) Any claimant, estate, or trust claiming a refundable tax credit under this section is
1658     required to furnish any or all of the information outlined in this section upon request of the
1659     commission.
1660          (d) A refundable tax credit under this section is allowed only on purchases on which
1661     tax is paid during the taxable year covered by the tax return.
1662          (4) In order to obtain a permit for a refund of motor fuel tax paid, an application shall
1663     be filed containing:
1664          (a) the name of the claimant, estate, or trust;
1665          (b) the claimant's, estate's, or trust's address;
1666          (c) location and number of acres owned and operated, location and number of acres
1667     rented and operated, the latter of which shall be verified by a signed statement from the legal
1668     owner;

1669          (d) number of acres planted to each crop, type of soil, and whether irrigated or dry; and
1670          (e) make, size, type of fuel used, and power rating of each piece of equipment using
1671     fuel. If the claimant, estate, or trust is an operator of self-propelled or tractor-pulled farm
1672     machinery with which the claimant, estate, or trust works for hire doing custom jobs for other
1673     farmers, the application shall include information the commission requires and shall all be
1674     contained in, and be considered part of, the original application. The claimant, estate, or trust
1675     shall also file with the application a certificate from the county assessor showing each piece of
1676     equipment using fuel. This original application and all information contained in it constitutes a
1677     permanent file with the commission in the name of the claimant, estate, or trust.
1678          (5) Any claimant, estate, or trust claiming the right to a refund of motor fuel tax paid
1679     shall file a claim with the commission by April 15 of each year for the refund for the previous
1680     calendar year. The claim shall state the name and address of the claimant, estate, or trust, the
1681     number of gallons of motor fuel purchased for nonhighway agricultural uses, and the amount
1682     paid for the motor fuel. The claimant, estate, or trust shall retain the original invoice to support
1683     the claim. No more than one claim for a tax refund may be filed annually by each user of
1684     motor fuel purchased for nonhighway agricultural uses.
1685          (6) Upon commission approval of the claim for a refund, the Division of Finance shall
1686     pay the amount found due to the claimant, estate, or trust. The total amount of claims for
1687     refunds shall be paid from motor fuel taxes.
1688          (7) The commission may [promulgate] make rules to enforce this part[,] and may
1689     refuse to accept as evidence of purchase or payment any instruments [which] that show
1690     alteration or [which] that fail to indicate the quantity of the purchase, the price of the motor
1691     fuel, a statement that it is purchased for purposes other than transportation, and the date of
1692     purchase and delivery. If the commission is not satisfied with the evidence submitted in
1693     connection with the claim, it may reject the claim or require additional evidence.
1694          (8) Any claimant, estate, or trust aggrieved by the decision of the commission with
1695     respect to a refundable tax credit or refund may file a request for agency action, requesting a
1696     hearing before the commission.
1697          (9) Any claimant, estate, or trust that makes any false claim, report, or statement, as
1698     claimant, estate, trust, agent, or creditor, with intent to defraud or secure a refund to which the
1699     claimant, estate, or trust is not entitled, is subject to the criminal penalties provided under

1700     Section 59-1-401, and the commission shall initiate the filing of a complaint for alleged
1701     violations of this part. In addition to these penalties, the claimant, estate, or trust may not
1702     receive any refund as a claimant, estate, or trust or as a creditor of a claimant, estate, or trust for
1703     refund for a period of five years.
1704          (10) Refunds to which a claimant, estate, or trust is entitled under this part shall be paid
1705     from the Transportation Fund.
1706          (11) (a) On or before November 30, 2017, and every three years after November 30,
1707     2017, the Revenue and Taxation Interim Committee shall review the tax credits provided by
1708     this section and make recommendations concerning whether the tax credits should be
1709     continued, modified, or repealed.
1710          (b) In conducting the review required under Subsection (11)(a), the Revenue and
1711     Taxation Interim Committee shall:
1712          (i) schedule time on at least one committee agenda to conduct the review;
1713          (ii) invite state agencies, individuals, and organizations concerned with the credit under
1714     review to provide testimony;
1715          (iii) ensure that the Revenue and Taxation Interim Committee's recommendations
1716     under this section include an evaluation of:
1717          (A) the cost of the tax credit to the state;
1718          (B) the purpose and effectiveness of the tax credit; and
1719          (C) the extent to which the state benefits from the tax credit; and
1720          (iv) undertake other review efforts as determined by the chairs of the Revenue and
1721     Taxation Interim Committee.
1722          Section 22. Section 63N-2-106 is amended to read:
1723          63N-2-106. Reports -- Posting monthly and annual reports -- Audit and study of
1724     tax credits.
1725          (1) The office shall include the following information in the annual written report
1726     described in Section 63N-1-301:
1727          (a) the office's success in attracting new commercial projects to development zones
1728     under this part and the corresponding increase in new incremental jobs;
1729          (b) how many new incremental jobs and high paying jobs are employees of a company
1730     that received tax credits under this part, including the number of employees who work for a

1731     third-party rather than directly for a company, receiving the tax credits under this part;
1732          (c) the estimated amount of tax credit commitments made by the office and the period
1733     of time over which tax credits will be paid;
1734          (d) the economic impact on the state from new state revenues and the provision of tax
1735     credits under this part;
1736          (e) the estimated costs and economic benefits of the tax credit commitments made by
1737     the office;
1738          (f) the actual costs and economic benefits of the tax credit commitments made by the
1739     office; and
1740          (g) tax credit commitments made by the office, with the associated calculation.
1741          (2) Each month, the office shall post on its website and on a state website:
1742          (a) the new tax credit commitments made by the office during the previous month; and
1743          (b) the estimated costs and economic benefits of those tax credit commitments.
1744          (3) (a) On or before November 1, 2014, and every three years after November 1, 2014,
1745     the office shall:
1746          (i) conduct an audit of the tax credits allowed under Section 63N-2-105;
1747          (ii) study the tax credits allowed under Section 63N-2-105; and
1748          (iii) make recommendations concerning whether the tax credits should be continued,
1749     modified, or repealed.
1750          (b) The audit shall include an evaluation of:
1751          (i) the cost of the tax credits;
1752          (ii) the purposes and effectiveness of the tax credits;
1753          (iii) the extent to which the state benefits from the tax credits; and
1754          (iv) the state's return on investment under this part measured by new state revenues,
1755     compared with the costs of tax credits provided and GOED's expenses in administering this
1756     part.
1757          (c) The office shall provide the results of the audit described in this Subsection (3):
1758          (i) in the written annual report described in Subsection (1); and
1759          (ii) as part of the review described in Sections 59-7-159 and 59-10-137.
1760          Section 23. Section 63N-2-213 is amended to read:
1761          63N-2-213. State tax credits.

1762          (1) Subject to the limitations of Subsections (2) through (4), the following
1763     nonrefundable tax credits against a tax under Title 59, Chapter 7, Corporate Franchise and
1764     Income Taxes, or Title 59, Chapter 10, Individual Income Tax Act, are applicable in an
1765     enterprise zone:
1766          (a) a tax credit of $750 may be claimed by a business entity for each new full-time
1767     employee position created within the enterprise zone;
1768          (b) an additional $500 tax credit may be claimed if the new full-time employee position
1769     created within the enterprise zone pays at least 125% of:
1770          (i) the county average monthly nonagricultural payroll wage for the respective industry
1771     as determined by the Department of Workforce Services; or
1772          (ii) if the county average monthly nonagricultural payroll wage is not available for the
1773     respective industry, the total average monthly nonagricultural payroll wage in the respective
1774     county where the enterprise zone is located;
1775          (c) an additional tax credit of $750 may be claimed if the new full-time employee
1776     position created within the enterprise zone is in a business entity that adds value to agricultural
1777     commodities through manufacturing or processing;
1778          (d) an additional tax credit of $200 may be claimed for two consecutive years for each
1779     new full-time employee position created within the enterprise zone that is filled by an
1780     employee who is insured under an employer-sponsored health insurance program if the
1781     employer pays at least 50% of the premium cost for the year for which the credit is claimed;
1782          (e) a tax credit of 50% of the value of a cash contribution to a private nonprofit
1783     corporation, except that the credit claimed may not exceed $100,000:
1784          (i) that is exempt from federal income taxation under Section 501(c)(3), Internal
1785     Revenue Code;
1786          (ii) whose primary purpose is community and economic development; and
1787          (iii) that has been accredited by the Governor's Rural Partnership Board;
1788          (f) a tax credit of 25% of the first $200,000 spent on rehabilitating a building in the
1789     enterprise zone that has been vacant for two years or more; and
1790          (g) an annual investment tax credit of 10% of the first $250,000 in investment, and 5%
1791     of the next $1,000,000 qualifying investment in plant, equipment, or other depreciable
1792     property.

1793          (2) (a) Subject to the limitations of Subsection (2)(b), a business entity claiming tax
1794     credits under Subsections (1)(a) through (d) may claim the tax credits for up to 30 full-time
1795     employee positions per taxable year.
1796          (b) A business entity that received a tax credit for one or more new full-time employee
1797     positions under Subsections (1)(a) through (d) in a prior taxable year may claim a tax credit for
1798     a new full-time employee position in a subsequent taxable year under Subsections (1)(a)
1799     through (d) if:
1800          (i) the business entity has created a new full-time position within the enterprise zone;
1801     and
1802          (ii) the total number of full-time employee positions at the business entity at any point
1803     during the tax year for which the tax credit is being claimed is greater than the number of
1804     full-time employee positions that existed at the business entity at any point during the taxable
1805     year immediately preceding the taxable year for which the credit is being claimed.
1806          (c) Construction jobs are not eligible for the tax credits under Subsections (1)(a)
1807     through (d).
1808          (3) If the amount of a tax credit under this section exceeds a business entity's tax
1809     liability under this chapter for a taxable year, the business entity may carry forward the amount
1810     of the tax credit exceeding the liability for a period that does not exceed the next three taxable
1811     years.
1812          (4) Tax credits under Subsections (1)(a) through (g) may not be claimed by a business
1813     entity primarily engaged in retail trade or by a public utilities business.
1814          (5) A business entity that has no employees:
1815          (a) may not claim tax credits under Subsections (1)(a) through (d); and
1816          (b) may claim tax credits under Subsections (1)(e) through (g).
1817          (6) A business entity may not claim or carry forward a tax credit available under this
1818     part for a taxable year during which the business entity has claimed the targeted business
1819     income tax credit available under Section 63N-2-305.
1820          (7) (a) On or before November 30, 2018, and every three years after November 30,
1821     2018, the Revenue and Taxation Interim Committee shall review the tax credits provided by
1822     this section and make recommendations concerning whether the tax credits should be
1823     continued, modified, or repealed.

1824          (b) In conducting the review required under this Subsection (7), the Revenue and
1825     Taxation Interim Committee shall:
1826          (i) schedule time on at least one committee agenda to conduct the review;
1827          (ii) invite state agencies, individuals, and organizations concerned with the credit under
1828     review to provide testimony;
1829          (iii) ensure that the Revenue and Taxation Interim Committee's recommendations
1830     under this section include an evaluation of:
1831          (A) the cost of the tax credit to the state;
1832          (B) the purpose and effectiveness of the tax credit; and
1833          (C) the extent to which the state benefits from the tax credit; and
1834          (iv) undertake other review efforts as determined by the chairs of the Revenue and
1835     Taxation Interim Committee.
1836          Section 24. Section 63N-2-305 is amended to read:
1837          63N-2-305. Targeted business income tax credit structure -- Duties of the local
1838     zone administrator -- Duties of the State Tax Commission.
1839          (1) A business applicant that is certified under Subsection 63N-2-304(3) and issued a
1840     targeted business tax credit eligibility form by the office under Subsection (8) may claim a
1841     refundable tax credit:
1842          (a) against the business applicant's tax liability under:
1843          (i) Title 59, Chapter 7, Corporate Franchise and Income Taxes; or
1844          (ii) Title 59, Chapter 10, Individual Income Tax Act; and
1845          (b) subject to requirements and limitations provided by this part.
1846          (2) The total amount of the targeted business income tax credits allowed under this part
1847     for all business applicants may not exceed $300,000 in any fiscal year.
1848          (3) (a) A targeted business income tax credit allowed under this part for each
1849     community investment project provided by a business applicant may not:
1850          (i) be claimed by a business applicant for more than seven consecutive taxable years
1851     from the date the business applicant first qualifies for a targeted business income tax credit on
1852     the basis of a community investment project;
1853          (ii) be carried forward or carried back;
1854          (iii) exceed $100,000 in total amount for the community investment project period

1855     during which the business applicant is eligible to claim a targeted business income tax credit;
1856     or
1857          (iv) exceed in any year that the targeted business income tax credit is claimed the lesser
1858     of:
1859          (A) 50% of the maximum amount allowed by the local zone administrator; or
1860          (B) the allocated cap amount determined by the office under Subsection 63N-2-304(5).
1861          (b) A business applicant may apply to the local zone administrator to claim a targeted
1862     business income tax credit allowed under this part for each community investment project
1863     provided by the business applicant as the basis for its eligibility for a targeted business income
1864     tax credit.
1865          (4) Subject to other provisions of this section, the local zone administrator shall
1866     establish for each business applicant that qualifies for a targeted business income tax credit:
1867          (a) criteria for maintaining eligibility for the targeted business income tax credit that
1868     are reasonably related to the community investment project that is the basis for the business
1869     applicant's targeted business income tax credit;
1870          (b) the maximum amount of the targeted business income tax credit the business
1871     applicant is allowed for the community investment project period;
1872          (c) the time period over which the total amount of the targeted business income tax
1873     credit may be claimed;
1874          (d) the maximum amount of the targeted business income tax credit that the business
1875     applicant will be allowed to claim each year; and
1876          (e) requirements for a business applicant to report to the local zone administrator
1877     specifying:
1878          (i) the frequency of the business applicant's reports to the local zone administrator,
1879     which shall be made at least quarterly; and
1880          (ii) the information needed by the local zone administrator to monitor the business
1881     applicant's compliance with this Subsection (4) or Section 63N-2-304 that shall be included in
1882     the report.
1883          (5) In accordance with Subsection (4)(e), a business applicant allowed a targeted
1884     business income tax credit under this part shall report to the local zone administrator.
1885          (6) The amount of a targeted business income tax credit that a business applicant is

1886     allowed to claim for a taxable year shall be reduced by 25% for each quarter in which the office
1887     or the local zone administrator determines that the business applicant has failed to comply with
1888     a requirement of Subsection (3) or Section 63N-2-304.
1889          (7) The office or local zone administrator may audit a business applicant to ensure:
1890          (a) eligibility for a targeted business income tax credit; or
1891          (b) compliance with Subsection (3) or Section 63N-2-304.
1892          (8) The office shall issue a targeted business income tax credit eligibility form in a
1893     form jointly developed by the State Tax Commission and the office no later than 30 days after
1894     the last day of the business applicant's taxable year showing:
1895          (a) the maximum amount of the targeted business income tax credit that the business
1896     applicant is eligible for that taxable year;
1897          (b) any reductions in the maximum amount of the targeted business income tax credit
1898     because of failure to comply with a requirement of Subsection (3) or Section 63N-2-304;
1899          (c) the allocated cap amount that the business applicant may claim for that taxable
1900     year; and
1901          (d) the actual amount of the targeted business income tax credit that the business
1902     applicant may claim for that taxable year.
1903          (9) (a) A business applicant shall retain the targeted business income tax credit
1904     eligibility form provided by the office under this Subsection (9).
1905          (b) The State Tax Commission may audit a business applicant to ensure:
1906          (i) eligibility for a targeted business income tax credit; or
1907          (ii) compliance with Subsection (3) or Section 63N-2-304.
1908          (10) (a) On or before November 30, 2018, and every three years after November 30,
1909     2018, the Revenue and Taxation Interim Committee shall review the tax credits provided by
1910     this section and make recommendations concerning whether the tax credits should be
1911     continued, modified, or repealed.
1912          (b) In conducting the review required under this Subsection (10), the Revenue and
1913     Taxation Interim Committee shall:
1914          (i) schedule time on at least one committee agenda to conduct the review;
1915          (ii) invite state agencies, individuals, and organizations concerned with the credit under
1916     review to provide testimony;

1917          (iii) ensure that the Revenue and Taxation Interim Committee's recommendations
1918     under this section include an evaluation of:
1919          (A) the cost of the tax credit to the state;
1920          (B) the purpose and effectiveness of the tax credit; and
1921          (C) the extent to which the state benefits from the tax credit; and
1922          (iv) undertake other review efforts as determined by the chairs of the Revenue and
1923     Taxation Interim Committee.
1924          Section 25. Section 63N-2-810 is amended to read:
1925          63N-2-810. Reports on tax credit certificates -- Study by legislative committees.
1926          [(1)] The office shall include the following information in the annual written report
1927     described in Section 63N-1-301:
1928          [(a)] (1) the total amount listed on tax credit certificates the office issues under this
1929     part;
1930          [(b)] (2) the criteria that the office uses in prioritizing the issuance of tax credits
1931     amongst tax credit applicants under this part; and
1932          [(c)] (3) the economic impact on the state related to providing tax credits under this
1933     part.
1934          [(2) (a) On or before November 1, 2016, and every five years after November 1, 2016,
1935     the Revenue and Taxation Interim Committee shall:]
1936          [(i) study the tax credits allowed under Sections 59-7-614.6, 59-10-1025, and
1937     59-10-1109; and]
1938          [(ii) make recommendations concerning whether the tax credits should be continued,
1939     modified, or repealed.]
1940          [(b) The study under Subsection (2)(a) shall include an evaluation of:]
1941          [(i) the cost of the tax credits under Sections 59-7-614.6, 59-10-1025, and
1942     59-10-1109;]
1943          [(ii) the purposes and effectiveness of the tax credits; and]
1944          [(iii) the extent to which the state benefits from the tax credits.]
1945          Section 26. Coordinating H.B. 310 with H.B. 26 -- Substantive and technical
1946     amendments.
1947          If this H.B. 310 and H.B. 26, Revenue and Taxation Interim Committee Report

1948     Amendments, both pass and become law, it is the intent of the Legislature that the Office of
1949     Legislative Research and General Counsel shall prepare the Utah Code database for publication
1950     by amending Subsection 63N-2-810(2) to read:
1951          "(2) (a) [On or before November 1, 2016, and every five years after November 1, 2016]
1952     In accordance with Sections 59-7-159 and 59-10-137, the Revenue and Taxation Interim
1953     Committee shall:
1954          (i) study the tax credits allowed under Sections 59-7-614.6, 59-10-1025, and
1955     59-10-1109; and
1956          (ii) make recommendations concerning whether the tax credits should be continued,
1957     modified, or repealed.
1958          [(b) The study under Subsection (2)(a) shall include an evaluation of:]
1959          [(i) the cost of the tax credits under Sections 59-7-614.6, 59-10-1025, and
1960     59-10-1109;]
1961          [(ii) the purposes and effectiveness of the tax credits; and]
1962          [(iii) the extent to which the state benefits from the tax credits.]
1963          (b) Except as provided in Subsection (2)(c), for purposes of the study required by this
1964     Subsection (2), the office shall provide the following information, if available to the office, to
1965     the Office of the Legislative Fiscal Analyst by electronic means:
1966          (i) the amount of tax credits that the office grants to each eligible business entity for
1967     each taxable year;
1968          (ii) the amount of eligible new state tax revenues generated by each eligible product or
1969     project;
1970          (iii) estimates for each of the next three calendar years of the following:
1971          (A) the amount of tax credits that the office will grant;
1972          (B) the amount of eligible new state tax revenues that will be generated; and
1973          (C) the number of new incremental jobs within the state that will be generated;
1974          (iv) the information contained in the office's latest report to the Legislature under
1975     Section 63N-2-705; and
1976          (v) any other information that the Office of the Legislative Fiscal Analyst requests.
1977          (c) (i) In providing the information described in Subsection (2)(b), the office shall
1978     redact information that identifies a recipient of a tax credit under this section.

1979          (ii) If, notwithstanding the redactions made under Subsection (2)(c)(i), reporting the
1980     information described in Subsection (2)(b) might disclose the identity of a recipient of a tax
1981     credit, the office may file a request with the Revenue and Taxation Interim Committee to
1982     provide the information described in Subsection (2)(b) in the aggregate for all entities that
1983     receive the tax credit under this section.
1984          (d) As a part of the study required by this Subsection (2), the Office of the Legislative
1985     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1986     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1987     office under Subsection (2)(b).
1988          (e) The Revenue and Taxation Interim Committee shall ensure that the Revenue and
1989     Taxation Interim Committee's recommendations under Subsection (2)(a) include an evaluation
1990     of:
1991          (i) the cost of the tax credits under Sections 59-7-614.6, 59-10-1025, and 59-10-1109;
1992          (ii) the purpose and effectiveness of the tax credits; and
1993          (iii) the extent to which the state benefits from the tax credits."
1994          Section 27. Coordinating H.B. 310 with H.B. 31 -- Substantive and technical
1995     amendments.
1996          If this H.B. 310 and H.B. 31, Enterprise Zone Amendments, both pass and become law,
1997     it is the intent of the Legislature that the Office of Legislative Research and General Counsel
1998     shall prepare the Utah Code database for publication by:
1999          (1) modifying Subsection 59-7-159(3)(c) to add a new (iii) to read:
2000          "(iii) Section 59-7-614.10;";
2001          (2) modifying Subsection 59-7-614.10(6) to read:
2002          "(6) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
2003     Committee shall study the tax credit allowed by this section and make recommendations
2004     concerning whether the tax credit should be continued, modified, or repealed.
2005          (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
2006     this Subsection (6), the office shall provide by electronic means the following information, if
2007     available to the office, for each calendar year to the Office of the Legislative Fiscal Analyst:
2008          (A) the amount of tax credits provided in each development zone;
2009          (B) the number of new full-time employee positions reported to obtain tax credits in

2010     each development zone;
2011          (C) the amount of tax credits awarded for rehabilitating a building in each development
2012     zone;
2013          (D) the amount of tax credits awarded for investing in a plant, equipment, or other
2014     depreciable property in each development zone;
2015          (E) the information related to the tax credit contained in the office's latest report to the
2016     Legislature under Section 63N-1-301; and
2017          (F) other information as requested by the Office of the Legislative Fiscal Analyst.
2018          (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
2019     redact information that identifies a recipient of a tax credit under this section.
2020          (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii), reporting the
2021     information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a tax
2022     credit, the office may file a request with the Revenue and Taxation Interim Committee to
2023     provide the information described in Subsection (6)(b)(i) in the aggregate for all development
2024     zones that receive the tax credit under this section.
2025          (c) As part of the study required by this Subsection (6), the Office of the Legislative
2026     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2027     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2028     office under Subsection (6)(b).
2029          (d) The Revenue and Taxation Interim Committee shall ensure that the Revenue and
2030     Taxation Interim Committee's recommendations under Subsection (6)(a) include an evaluation
2031     of:
2032          (i) the cost of the tax credit to the state;
2033          (ii) the purpose and effectiveness of the tax credit; and
2034          (iii) the extent to which the state benefits from the tax credit.";
2035          (3) modifying Subsection 59-10-137(3)(c) to add a new (x) to read:
2036          "(x) Section 59-10-1036; and";
2037          (4) modifying Subsection 59-10-1036(6) to read:
2038          "(6) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2039     Committee shall study the tax credit allowed by this section and make recommendations
2040     concerning whether the tax credit should be continued, modified, or repealed.

2041          (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
2042     this Subsection (6), the office shall provide by electronic means the following information , if
2043     available to the office, for each calendar year to the Office of the Legislative Fiscal Analyst:
2044          (A) the amount of tax credits provided in each development zone;
2045          (B) the number of new full-time employee positions reported to obtain tax credits in
2046     each development zone;
2047          (C) the amount of tax credits awarded for rehabilitating a building in each development
2048     zone;
2049          (D) the amount of tax credits awarded for investing in a plant, equipment, or other
2050     depreciable property in each development zone;
2051          (E) the information related to the tax credit contained in the office's latest report to the
2052     Legislature under Section 63N-1-301; and
2053          (F) other information as requested by the Office of the Legislative Fiscal Analyst.
2054          (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
2055     redact information that identifies a recipient of a tax credit under this section.
2056          (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii), reporting the
2057     information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a tax
2058     credit, the office may file a request with the Revenue and Taxation Interim Committee to
2059     provide the information described in Subsection (6)(b)(i) in the aggregate for all development
2060     zones that receive the tax credit under this section.
2061          (c) As part of the study required by this Subsection (6), the Office of the Legislative
2062     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2063     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2064     office under Subsection (6)(b).
2065          (d) The Revenue and Taxation Interim Committee shall ensure that the Revenue and
2066     Taxation Interim Committee's recommendations under Subsection (6)(a) include an evaluation
2067     of:
2068          (i) the cost of the tax credit to the state;
2069          (ii) the purpose and effectiveness of the tax credit; and
2070          (iii) the extent to which the state benefits from the tax credit."; and
2071          (5) eliminating Subsection 63N-2-213(7) in H.B. 310, Tax Credit Review

2072     Amendments.
2073          Section 28. Coordinating H.B. 310 with H.B. 26 and S.B. 171 -- Substantive and
2074     technical amendments.
2075          If this H.B. 310, H.B. 26, Revenue and Taxation Interim Committee Report
2076     Amendments, and S.B. 171, Economic Development Tax Credits Amendments, all pass and
2077     become law, it is the intent of the Legislature that the Office of Legislative Research and
2078     General Counsel shall prepare the Utah Code database for publication by amending Subsection
2079     63N-2-810(2) to read:
2080          "(2) (a) [On or before November 1, 2016, and every five years after November 1, 2016]
2081     In accordance with Section 59-10-137, the Revenue and Taxation Interim Committee shall:
2082          (i) study the tax [credits] credit allowed under [Sections 59-7-614.6,] Section
2083     59-10-1025[, and 59-10-1109]; and
2084          (ii) make recommendations concerning whether the tax [credits] credit should be
2085     continued, modified, or repealed.
2086          [(b) The study under Subsection (2)(a) shall include an evaluation of:]
2087          [(i) the cost of the tax credits under Sections 59-7-614.6, 59-10-1025, and
2088     59-10-1109;]
2089          [(ii) the purposes and effectiveness of the tax credits; and]
2090          [(iii) the extent to which the state benefits from the tax credits.]
2091          (b) Except as provided in Subsection (2)(c), for purposes of the study required by this
2092     Subsection (2), the office shall provide the following information , if available to the office, to
2093     the Office of the Legislative Fiscal Analyst by electronic means:
2094          (i) the amount of tax credit that the office grants to each eligible business entity for
2095     each taxable year;
2096          (ii) the amount of eligible new state tax revenues generated by each eligible product or
2097     project;
2098          (iii) estimates for each of the next three calendar years of the following:
2099          (A) the amount of tax credit that the office will grant;
2100          (B) the amount of eligible new state tax revenues that will be generated; and
2101          (C) the number of new incremental jobs within the state that will be generated;
2102          (iv) the information contained in the office's latest report to the Legislature under

2103     Section 63N-2-705; and
2104          (v) any other information that the Office of the Legislative Fiscal Analyst requests.
2105          (c) (i) In providing the information described in Subsection (2)(b), the office shall
2106     redact information that identifies a recipient of a tax credit under this section.
2107          (ii) If, notwithstanding the redactions made under Subsection (2)(c)(i), reporting the
2108     information described in Subsection (2)(b) might disclose the identity of a recipient of a tax
2109     credit, the office may file a request with the Revenue and Taxation Interim Committee to
2110     provide the information described in Subsection (2)(b) in the aggregate for all entities that
2111     receive the tax credit under this section.
2112          (d) As a part of the study required by this Subsection (2), the Office of the Legislative
2113     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2114     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2115     office under Subsection (2)(b).
2116          (e) The Revenue and Taxation Interim Committee shall ensure that the Revenue and
2117     Taxation Interim Committee's recommendations under Subsection (2)(a) include an evaluation
2118     of:

2119          (i) the cost of the tax credit under Section 59-10-1025;
2120          (ii) the purpose and effectiveness of the tax credit; and
2121          (iii) the extent to which the state benefits from the tax credit."