1     
RENEWABLE ENERGY SYSTEMS TAX CREDIT

2     
AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Stephen G. Handy

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10           This bill amends certain renewable energy system tax credits.
11     Highlighted Provisions:
12          This bill:
13          ▸      defines combined heat and power system;
14          ▸     adds combined heat and power system to the definition of commercial energy
15     system for purposes of claiming certain renewable energy systems tax credits;
16          ▸     provides additional rulemaking authority for the Office of Energy Development to
17     administer the tax credit; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
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          59-10-1106, as last amended by Laws of Utah 2015, Chapter 133

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 59-7-614 is amended to read:
31          59-7-614. Renewable energy systems tax credits -- Definitions -- Certification --
32     Rulemaking authority -- Revenue and Taxation Interim Committee study.
33          (1) As used in this section:
34          (a) (i) "Active solar system" means a system of equipment that is capable of:
35          (A) collecting and converting incident solar radiation into thermal, mechanical, or
36     electrical energy; and
37          (B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a separate
38     apparatus to storage or to the point of use.
39          (ii) "Active solar system" includes water heating, space heating or cooling, and
40     electrical or mechanical energy generation.
41          (b) "Biomass system" means a system of apparatus and equipment for use in:
42          (i) converting material into biomass energy, as defined in Section 59-12-102; and
43          (ii) transporting the biomass energy by separate apparatus to the point of use or storage.
44          (c) "Combined heat and power system" means a system of apparatus and equipment
45     that:
46          (i) uses the same energy source for the simultaneous or sequential generation of
47     electrical power, mechanical shaft power, or both, in combination with the generation of steam
48     or other forms of useful thermal energy, including heating and cooling applications;
49          (ii) produces 20% or more of the combined heat and power system's useful energy in
50     the form of:
51          (A) thermal energy that is not used to produce electrical or mechanical power or some
52     combination of electrical or mechanical power; and
53          (B) electrical or mechanical power or some combination of electrical or mechanical
54     power;
55          (iii) an energy efficient percentage that is more than 60%; and
56          (iv) does not include a system of apparatus and equipment used to transport the energy
57     source to a combined heat and power system or to distribute energy produced by a combined
58     heat and power system.

59          [(c)] (d) "Commercial energy system" means a system that is:
60          (i) (A) an active solar system;
61          (B) a biomass system;
62          (C) a combined heat and power system;
63          [(C)] (D) a direct use geothermal system;
64          [(D)] (E) a geothermal electricity system;
65          [(E)] (F) a geothermal heat pump system;
66          [(F)] (G) a hydroenergy system;
67          [(G)] (H) a passive solar system; or
68          [(H)] (I) a wind system;
69          (ii) located in the state; and
70          (iii) used:
71          (A) to supply energy to a commercial unit; or
72          (B) as a commercial enterprise.
73          [(d)] (e) "Commercial enterprise" means an entity, the purpose of which is to produce
74     electrical, mechanical, or thermal energy for sale from a commercial energy system.
75          [(e)] (f) (i) "Commercial unit" means a building or structure that an entity uses to
76     transact business.
77          (ii) Notwithstanding Subsection (1)[(e)](f)(i):
78          (A) with respect to an active solar system used for agricultural water pumping or a wind
79     system, each individual energy generating device is considered to be a commercial unit; or
80          (B) if an energy system is the building or structure that an entity uses to transact
81     business, a commercial unit is the complete energy system itself.
82          [(f)] (g) "Direct use geothermal system" means a system of apparatus and equipment
83     that enables the direct use of geothermal energy to meet energy needs, including heating a
84     building, an industrial process, and aquaculture.
85          (h) "Energy efficiency percentage" means a fraction:
86          (i) the numerator of which is the total useful electrical, thermal, and mechanical power:
87          (A) produced by a combined heat and power system at normal operating rates; and
88          (B) expected to be consumed in the combined heat and power system's normal
89     application; and

90          (ii) the denominator of which is the lower heating value of the fuel sources for the
91     system.
92          [(g)] (i) "Geothermal electricity" means energy that is:
93          (i) contained in heat that continuously flows outward from the earth; and
94          (ii) used as a sole source of energy to produce electricity.
95          [(h)] (j) "Geothermal energy" means energy generated by heat that is contained in the
96     earth.
97          [(i)] (k) "Geothermal heat pump system" means a system of apparatus and equipment
98     that:
99          (i) enables the use of thermal properties contained in the earth at temperatures well
100     below 100 degrees Fahrenheit; and
101          (ii) helps meet heating and cooling needs of a structure.
102          [(j)] (l) "Hydroenergy system" means a system of apparatus and equipment that is
103     capable of:
104          (i) intercepting and converting kinetic water energy into electrical or mechanical
105     energy; and
106          (ii) transferring this form of energy by separate apparatus to the point of use or storage.
107          [(k)] (m) "Office" means the Office of Energy Development created in Section
108     63M-4-401.
109          [(l)] (n) (i) "Passive solar system" means a direct thermal system that utilizes the
110     structure of a building and its operable components to provide for collection, storage, and
111     distribution of heating or cooling during the appropriate times of the year by utilizing the
112     climate resources available at the site.
113          (ii) "Passive solar system" includes those portions and components of a building that
114     are expressly designed and required for the collection, storage, and distribution of solar energy.
115          [(m)] (o) (i) "Principal recovery portion" means the portion of a lease payment that
116     constitutes the cost a person incurs in acquiring a commercial energy system.
117          (ii) "Principal recovery portion" does not include:
118          (A) an interest charge; or
119          (B) a maintenance expense.
120          [(n)] (p) "Residential energy system" means the following used to supply energy to or

121     for a residential unit:
122          (i) an active solar system;
123          (ii) a biomass system;
124          (iii) a direct use geothermal system;
125          (iv) a geothermal heat pump system;
126          (v) a hydroenergy system;
127          (vi) a passive solar system; or
128          (vii) a wind system.
129          [(o)] (q) (i) "Residential unit" means a house, condominium, apartment, or similar
130     dwelling unit that:
131          (A) is located in the state; and
132          (B) serves as a dwelling for a person, group of persons, or a family.
133          (ii) "Residential unit" does not include property subject to a fee under:
134          (A) Section 59-2-404;
135          (B) Section 59-2-405;
136          (C) Section 59-2-405.1;
137          (D) Section 59-2-405.2; or
138          (E) Section 59-2-405.3.
139          [(p)] (r) "Wind system" means a system of apparatus and equipment that is capable of:
140          (i) intercepting and converting wind energy into mechanical or electrical energy; and
141          (ii) transferring these forms of energy by a separate apparatus to the point of use, sale,
142     or storage.
143          (2) A taxpayer may claim an energy system tax credit as provided in this section
144     against a tax due under this chapter for a taxable year.
145          (3) (a) Subject to the other provisions of this Subsection (3), a taxpayer may claim a
146     nonrefundable tax credit under this Subsection (3) with respect to a residential unit the taxpayer
147     owns or uses if:
148          (i) the taxpayer:
149          (A) purchases and completes a residential energy system to supply all or part of the
150     energy required for the residential unit; or
151          (B) participates in the financing of a residential energy system to supply all or part of

152     the energy required for the residential unit;
153          (ii) the residential energy system is completed and placed in service on or after January
154     1, 2007; and
155          (iii) the taxpayer obtains a written certification from the office in accordance with
156     Subsection (7).
157          (b) (i) Subject to Subsections (3)(b)(ii) through (v), the tax credit is equal to 25% of the
158     reasonable costs of each residential energy system installed with respect to each residential unit
159     the taxpayer owns or uses.
160          (ii) A tax credit under this Subsection (3) may include installation costs.
161          (iii) A taxpayer may claim a tax credit under this Subsection (3) for the taxable year in
162     which the residential energy system is completed and placed in service.
163          (iv) If the amount of a tax credit under this Subsection (3) exceeds a taxpayer's tax
164     liability under this chapter for a taxable year, the amount of the tax credit exceeding the
165     liability may be carried forward for a period that does not exceed the next four taxable years.
166          (v) The total amount of tax credit a taxpayer may claim under this Subsection (3) may
167     not exceed $2,000 per residential unit.
168          (c) If a taxpayer sells a residential unit to another person before the taxpayer claims the
169     tax credit under this Subsection (3):
170          (i) the taxpayer may assign the tax credit to the other person; and
171          (ii) (A) if the other person files a return under this chapter, the other person may claim
172     the tax credit under this section as if the other person had met the requirements of this section
173     to claim the tax credit; or
174          (B) if the other person files a return under Chapter 10, Individual Income Tax Act, the
175     other person may claim the tax credit under Section 59-10-1014 as if the other person had met
176     the requirements of Section 59-10-1014 to claim the tax credit.
177          (4) (a) Subject to the other provisions of this Subsection (4), a taxpayer may claim a
178     refundable tax credit under this Subsection (4) with respect to a commercial energy system if:
179          (i) the commercial energy system does not use:
180          (A) wind, geothermal electricity, solar, [or] biomass , or combined heat and power
181     equipment capable of producing a total of 660 or more kilowatts of electricity; or
182          (B) solar equipment capable of producing 2,000 or more kilowatts of electricity;

183          (ii) the taxpayer purchases or participates in the financing of the commercial energy
184     system;
185          (iii) (A) the commercial energy system supplies all or part of the energy required by
186     commercial units owned or used by the taxpayer; or
187          (B) the taxpayer sells all or part of the energy produced by the commercial energy
188     system as a commercial enterprise;
189          (iv) (A) for a commercial energy system that is a wind system, geothermal electricity
190     system, biomass system, or solar system, the commercial energy system is completed and
191     placed in service on or after January 1, 2007; [and] or
192          (B) for a commercial energy system that is a combined heat and power system, the
193     commercial energy system is completed and placed in service on or after January 1, 2017; and
194          (v) the taxpayer obtains a written certification from the office in accordance with
195     Subsection (7).
196          (b) (i) Subject to Subsections (4)(b)(ii) through (v), the tax credit is equal to 10% of the
197     reasonable costs of the commercial energy system.
198          (ii) A tax credit under this Subsection (4) may include installation costs.
199          (iii) A taxpayer may claim a tax credit under this Subsection (4) for the taxable year in
200     which the commercial energy system is completed and placed in service.
201          (iv) A tax credit under this Subsection (4) may not be carried forward or carried back.
202          (v) The total amount of tax credit a taxpayer may claim under this Subsection (4) may
203     not exceed $50,000 per commercial unit.
204          (c) (i) Subject to Subsections (4)(c)(ii) and (iii), a taxpayer that is a lessee of a
205     commercial energy system installed on a commercial unit may claim a tax credit under this
206     Subsection (4) if the taxpayer confirms that the lessor irrevocably elects not to claim the tax
207     credit.
208          (ii) A taxpayer described in Subsection (4)(c)(i) may claim as a tax credit under this
209     Subsection (4) only the principal recovery portion of the lease payments.
210          (iii) A taxpayer described in Subsection (4)(c)(i) may claim a tax credit under this
211     Subsection (4) for a period that does not exceed seven taxable years after the date the lease
212     begins, as stated in the lease agreement.
213          (5) (a) Subject to the other provisions of this Subsection (5), a taxpayer may claim a

214     refundable tax credit under this Subsection (5) with respect to a commercial energy system if:
215          (i) the commercial energy system uses wind, geothermal electricity, [or] biomass , or
216     combined heat and power equipment capable of producing a total of 660 or more kilowatts of
217     electricity;
218          (ii) (A) the commercial energy system supplies all or part of the energy required by
219     commercial units owned or used by the taxpayer; or
220          (B) the taxpayer sells all or part of the energy produced by the commercial energy
221     system as a commercial enterprise;
222          (iii) (A) for a commercial energy system that is a wind system, geothermal electricity
223     system, or biomass system, the commercial energy system is completed and placed in service
224     on or after January 1, 2007; [and] or
225          (B) for a commercial energy system that is a combined heat and power system, the
226     commercial energy system is completed and placed in service on or after January 1, 2017; and
227          (iv) the taxpayer obtains a written certification from the office in accordance with
228     Subsection (7).
229          (b) (i) Subject to Subsections (5)(b)(ii) and (iii), a tax credit under this Subsection (5)
230     is equal to the product of:
231          (A) 0.35 cents; and
232          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
233          (ii) A tax credit under this Subsection (5) may be claimed for production occurring
234     during a period of 48 months beginning with the month in which the commercial energy
235     system is placed in commercial service.
236          (iii) A tax credit under this Subsection (5) may not be carried forward or carried back.
237          (c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
238     unit may claim a tax credit under this Subsection (5) if the taxpayer confirms that the lessor
239     irrevocably elects not to claim the tax credit.
240          (6) (a) Subject to the other provisions of this Subsection (6), a taxpayer may claim a
241     refundable tax credit as provided in this Subsection (6) if:
242          (i) the taxpayer owns a commercial energy system that uses solar equipment capable of
243     producing a total of 660 or more kilowatts of electricity;
244          (ii) (A) the commercial energy system supplies all or part of the energy required by

245     commercial units owned or used by the taxpayer; or
246          (B) the taxpayer sells all or part of the energy produced by the commercial energy
247     system as a commercial enterprise;
248          (iii) the taxpayer does not claim a tax credit under Subsection (4);
249          (iv) the commercial energy system is completed and placed in service on or after
250     January 1, 2015; and
251          (v) the taxpayer obtains a written certification from the office in accordance with
252     Subsection (7).
253          (b) (i) Subject to Subsections (6)(b)(ii) and (iii), a tax credit under this Subsection (6)
254     is equal to the product of:
255          (A) 0.35 cents; and
256          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
257          (ii) A tax credit under this Subsection (6) may be claimed for production occurring
258     during a period of 48 months beginning with the month in which the commercial energy
259     system is placed in commercial service.
260          (iii) A tax credit under this Subsection (6) may not be carried forward or carried back.
261          (c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
262     unit may claim a tax credit under this Subsection (6) if the taxpayer confirms that the lessor
263     irrevocably elects not to claim the tax credit.
264          (7) (a) Before a taxpayer may claim a tax credit under this section, the taxpayer shall
265     obtain a written certification from the office.
266          (b) The office shall issue a taxpayer a written certification if the office determines that:
267          (i) the taxpayer meets the requirements of this section to receive a tax credit; and
268          (ii) the residential energy system or commercial energy system with respect to which
269     the taxpayer seeks to claim a tax credit:
270          (A) has been completely installed;
271          (B) is a viable system for saving or producing energy from renewable resources; and
272          (C) is safe, reliable, efficient, and technically feasible to ensure that the residential
273     energy system or commercial energy system uses the state's renewable and nonrenewable
274     energy resources in an appropriate and economic manner.
275          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

276     office may make rules:
277          (i) for determining whether a residential energy system or commercial energy system
278     meets the requirements of Subsection (7)(b)(ii); [and]
279          (ii) for purposes of a tax credit under Subsection (3) or (4), establishing the reasonable
280     costs of a residential energy system or a commercial energy system, as an amount per unit of
281     energy production[.];
282          (iii) for determining whether a combined heat and power system meets the
283     requirements described in Subsection (1)(c)(ii); and
284          (iv) for purposes of calculating the energy efficiency percentage described in
285     Subsection (1)(h).
286          (d) A taxpayer that obtains a written certification from the office shall retain the
287     certification for the same time period a person is required to keep books and records under
288     Section 59-1-1406.
289          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
290     commission may make rules to address the certification of a tax credit under this section.
291          (9) A tax credit under this section is in addition to any tax credits provided under the
292     laws or rules and regulations of the United States.
293          (10) (a) On or before October 1, 2017, and every five years after October 1, 2017, the
294     Revenue and Taxation Interim Committee shall review each tax credit provided by this section
295     and report its recommendations to the Legislative Management Committee concerning whether
296     the tax credit should be continued, modified, or repealed.
297          (b) The Revenue and Taxation Interim Committee's report under Subsection (10)(a)
298     shall include information concerning the cost of the tax credit, the purpose and effectiveness of
299     the tax credit, and the state's benefit from the tax credit.
300          Section 2. Section 59-10-1106 is amended to read:
301          59-10-1106. Refundable renewable energy systems tax credits -- Definitions --
302     Certification -- Rulemaking authority -- Revenue and Taxation Interim Committee study.
303          (1) As used in this section:
304          (a) "Active solar system" [has the same meaning as] means the same as that term is
305     defined in Section 59-10-1014.
306          (b) "Biomass system" [has the same meaning as] means the same as that term is

307     defined in Section 59-10-1014.
308          (c) "Combined heat and power system" means the same as that term is defined in
309     Section 59-7-614.
310          [(c)] (d) "Commercial energy system" [has the same meaning as] means the same as
311     that term is defined in Section 59-7-614.
312          [(d)] (e) "Commercial enterprise" [has the same meaning as] means the same as that
313     term is defined in Section 59-7-614.
314          [(e)] (f) (i) "Commercial unit" [has the same meaning as] means the same as that term
315     is defined in Section 59-7-614.
316          (ii) Notwithstanding Subsection (1)[(e)](f)(i):
317          (A) with respect to an active solar system used for agricultural water pumping or a
318     wind system, each individual energy generating device is considered to be a commercial unit;
319     or
320          (B) if an energy system is the building or structure that a claimant, estate, or trust uses
321     to transact business, a commercial unit is the complete energy system itself.
322          [(f)] (g) "Direct use geothermal system" [has the same meaning as] means the same as
323     that term is defined in Section 59-10-1014.
324          (h) "Energy efficiency percentage" means the same as that term is defined in Section
325     59-7-614.
326          [(g)] (i) "Geothermal electricity" [has the same meaning as] means the same as that
327     term is defined in Section 59-10-1014.
328          [(h)] (j) "Geothermal energy" [has the same meaning as] means the same as that term is
329     defined in Section 59-10-1014.
330          [(i)] (k) "Geothermal heat pump system" [has the same meaning as] means the same as
331     that term is defined in Section 59-10-1014.
332          [(j)] (l) "Hydroenergy system" [has the same meaning as] means the same as that term
333     is defined in Section 59-10-1014.
334          [(k)] (m) "Office" means the Office of Energy Development created in Section
335     63M-4-401.
336          [(l)] (n) "Passive solar system" [has the same meaning as] means the same as that term
337     is defined in Section 59-10-1014.

338          [(m)] (o) "Principal recovery portion" [has the same meaning as] means the same as
339     that term is defined in Section 59-10-1014.
340          [(n)] (p) "Wind system" [has the same meaning as] means the same as that term is
341     defined in Section 59-10-1014.
342          (2) A claimant, estate, or trust may claim an energy system tax credit as provided in
343     this section against a tax due under this chapter for a taxable year.
344          (3) (a) Subject to the other provisions of this Subsection (3), a claimant, estate, or trust
345     may claim a refundable tax credit under this Subsection (3) with respect to a commercial
346     energy system if:
347          (i) the commercial energy system does not use:
348          (A) wind, geothermal electricity, solar, [or] biomass, or combined heat and power
349     equipment capable of producing a total of 660 or more kilowatts of electricity; or
350          (B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
351          (ii) the claimant, estate, or trust purchases or participates in the financing of the
352     commercial energy system;
353          (iii) (A) the commercial energy system supplies all or part of the energy required by
354     commercial units owned or used by the claimant, estate, or trust; or
355          (B) the claimant, estate, or trust sells all or part of the energy produced by the
356     commercial energy system as a commercial enterprise;
357          (iv) (A) for a commercial energy system that is a wind system, geothermal electricity
358     system, biomass system, or solar system, the commercial energy system is completed and
359     placed in service on or after January 1, 2007; [and] or
360          (B) for a commercial energy system that is a combined heat and power system, the
361     commercial energy system is completed and placed in service on or after January 1, 2017; and
362          (v) the claimant, estate, or trust obtains a written certification from the office in
363     accordance with Subsection (6).
364          (b) (i) Subject to Subsections (3)(b)(ii) through (v), the tax credit is equal to 10% of the
365     reasonable costs of the commercial energy system.
366          (ii) A tax credit under this Subsection (3) may include installation costs.
367          (iii) A claimant, estate, or trust may claim a tax credit under this Subsection (3) for the
368     taxable year in which the commercial energy system is completed and placed in service.

369          (iv) A tax credit under this Subsection (3) may not be carried forward or carried back.
370          (v) The total amount of tax credit a claimant, estate, or trust may claim under this
371     Subsection (3) may not exceed $50,000 per commercial unit.
372          (c) (i) Subject to Subsections (3)(c)(ii) and (iii), a claimant, estate, or trust that is a
373     lessee of a commercial energy system installed on a commercial unit may claim a tax credit
374     under this Subsection (3) if the claimant, estate, or trust confirms that the lessor irrevocably
375     elects not to claim the tax credit.
376          (ii) A claimant, estate, or trust described in Subsection (3)(c)(i) may claim as a tax
377     credit under this Subsection (3) only the principal recovery portion of the lease payments.
378          (iii) A claimant, estate, or trust described in Subsection (3)(c)(i) may claim a tax credit
379     under this Subsection (3) for a period that does not exceed seven taxable years after the date the
380     lease begins, as stated in the lease agreement.
381          (4) (a) Subject to the other provisions of this Subsection (4), a claimant, estate, or trust
382     may claim a refundable tax credit under this Subsection (4) with respect to a commercial
383     energy system if:
384          (i) the commercial energy system uses wind, geothermal electricity, [or] biomass, or
385     combined heat and power equipment capable of producing a total of 660 or more kilowatts of
386     electricity;
387          (ii) (A) the commercial energy system supplies all or part of the energy required by
388     commercial units owned or used by the claimant, estate, or trust; or
389          (B) the claimant, estate, or trust sells all or part of the energy produced by the
390     commercial energy system as a commercial enterprise;
391          (iii) (A) for a commercial energy system that is a wind system, geothermal electricity
392     system, or biomass system, the commercial energy system is completed and placed in service
393     on or after January 1, 2007; [and] or
394          (B) for a commercial energy system that is a combined heat and power system, the
395     commercial energy system is completed and placed in service on or after January 1, 2017; and
396          (iv) the claimant, estate, or trust obtains a written certification from the office in
397     accordance with Subsection (6).
398          (b) (i) Subject to Subsections (4)(b)(ii) and (iii), a tax credit under this Subsection (4)
399     is equal to the product of:

400          (A) 0.35 cents; and
401          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
402          (ii) A tax credit under this Subsection (4) may be claimed for production occurring
403     during a period of 48 months beginning with the month in which the commercial energy
404     system is placed in commercial service.
405          (iii) A tax credit under this Subsection (4) may not be carried forward or back.
406          (c) A claimant, estate, or trust that is a lessee of a commercial energy system installed
407     on a commercial unit may claim a tax credit under this Subsection (4) if the claimant, estate, or
408     trust confirms that the lessor irrevocably elects not to claim the tax credit.
409          (5) (a) Subject to the other provisions of this Subsection (5), a claimant, estate, or trust
410     may claim a refundable tax credit as provided in this Subsection (5) if:
411          (i) the claimant, estate, or trust owns a commercial energy system that uses solar
412     equipment capable of producing a total of 660 or more kilowatts of electricity;
413          (ii) (A) the commercial energy system supplies all or part of the energy required by
414     commercial units owned or used by the claimant, estate, or trust; or
415          (B) the claimant, estate, or trust sells all or part of the energy produced by the
416     commercial energy system as a commercial enterprise;
417          (iii) the claimant, estate, or trust does not claim a tax credit under Subsection (3);
418          (iv) the commercial energy system is completed and placed in service on or after
419     January 1, 2015; and
420          (v) the claimant, estate, or trust obtains a written certification from the office in
421     accordance with Subsection (6).
422          (b) (i) Subject to Subsections (5)(b)(ii) and (iii), a tax credit under this Subsection (5)
423     is equal to the product of:
424          (A) 0.35 cents; and
425          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
426          (ii) A tax credit under this Subsection (5) may be claimed for production occurring
427     during a period of 48 months beginning with the month in which the commercial energy
428     system is placed in commercial service.
429          (iii) A tax credit under this Subsection (5) may not be carried forward or carried back.
430          (c) A claimant, estate, or trust that is a lessee of a commercial energy system installed

431     on a commercial unit may claim a tax credit under this Subsection (5) if the claimant, estate, or
432     trust confirms that the lessor irrevocably elects not to claim the tax credit.
433          (6) (a) Before a claimant, estate, or trust may claim a tax credit under this section, the
434     claimant, estate, or trust shall obtain a written certification from the office.
435          (b) The office shall issue a claimant, estate, or trust a written certification if the office
436     determines that:
437          (i) the claimant, estate, or trust meets the requirements of this section to receive a tax
438     credit; and
439          (ii) the office determines that the commercial energy system with respect to which the
440     claimant, estate, or trust seeks to claim a tax credit:
441          (A) has been completely installed;
442          (B) is a viable system for saving or producing energy from renewable resources; and
443          (C) is safe, reliable, efficient, and technically feasible to ensure that the commercial
444     energy system uses the state's renewable and nonrenewable resources in an appropriate and
445     economic manner.
446          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
447     office may make rules:
448          (i) for determining whether a commercial energy system meets the requirements of
449     Subsection (6)(b)(ii); [and]
450          (ii) for purposes of a tax credit under Subsection (3), establishing the reasonable costs
451     of a commercial energy system, as an amount per unit of energy production[.];
452          (iii) for determining whether a combined heat and power system meets the
453     requirements described in Subsection 59-7-614(1)(c)(ii); and
454          (iv) for purposes of calculating the energy efficiency percentage described in
455     Subsection 59-7-614(1)(h).
456          (d) A claimant, estate, or trust that obtains a written certification from the office shall
457     retain the certification for the same time period a person is required to keep books and records
458     under Section 59-1-1406.
459          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
460     commission may make rules to address the certification of a tax credit under this section.
461          (8) A tax credit under this section is in addition to any tax credits provided under the

462     laws or rules and regulations of the United States.
463          (9) A purchaser of one or more solar units that claims a tax credit under Section
464     59-10-1024 for the purchase of the one or more solar units may not claim a tax credit under this
465     section for that purchase.
466          (10) (a) On or before October 1, 2017, and every five years after October 1, 2017, the
467     Revenue and Taxation Interim Committee shall review each tax credit provided by this section
468     and report its recommendations to the Legislative Management Committee concerning whether
469     the credit should be continued, modified, or repealed.
470          (b) The Revenue and Taxation Interim Committee's report under Subsection (10)(a)
471     shall include information concerning the cost of the credit, the purpose and effectiveness of the
472     credit, and the state's benefit from the credit.
473          Section 3. Effective date.
474          This bill takes effect for a taxable year that begins on or after January 1, 2017.






Legislative Review Note
Office of Legislative Research and General Counsel