Representative Kay J. Christofferson proposes the following substitute bill:


1     
INCENTIVES AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay J. Christofferson

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to tax credits.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires each state agency that issues a tax credit certificate for a tax credit to
13     provide the State Tax Commission with an electronic link to a webpage where the
14     state agency lists the names of the claimants and amounts of tax credits the
15     claimants are eligible to claim;
16          ▸     requires the State Tax Commission to create a webpage that links to each state
17     agency's list of tax credit claimants;
18          ▸     requires the Revenue and Taxation Interim Committee to:
19               •     evaluate whether performance metrics or reporting requirements for the tax
20     credit would improve the committee's evaluation of the benefits to the taxpayer
21     and the state from the tax credit and, if so, prepare legislation recommending
22     specific performance metrics or reporting requirements; and
23               •     evaluate the effectiveness of the process for claiming a research activities tax
24     credit, including receiving recommendations for improvement from the State
25     Tax Commission, and prepare legislation if the committee recommends any

26     changes to the process;
27          ▸     modifies reporting and study requirements related to repealed income tax credits;
28          ▸     creates a statutory certificate process for the historic preservation tax credits;
29          ▸     requires the State Historic Preservation Office to report the number of estimated
30     new jobs created by approved historic rehabilitation work in the Department of
31     Cultural and Community Engagement's annual report;
32          ▸     modifies the corporate and individual recycling market development zone tax
33     credits to eliminate the expenditures credit;
34          ▸     clarifies the production capacity requirements for solar equipment to be eligible for
35     the renewable energy systems tax credits;
36          ▸     requires the Governor's Office of Economic Opportunity to report in the annual
37     report the amount of new state revenue generated from motion picture projects
38     within the state;
39          ▸     repeals the following individual income tax credits:
40               •     qualifying solar projects; and
41               •     investment in life sciences establishments;
42          ▸     repeals the Technology and Life Science Economic Development Act;
43          ▸     repeals the corporate and individual alternative energy development tax credits;
44          ▸     repeals the Alternative Energy Development Tax Credit Act; and
45          ▸     makes technical and conforming changes.
46     Money Appropriated in this Bill:
47          None
48     Other Special Clauses:
49          This bill provides a special effective date.
50     Utah Code Sections Affected:
51     AMENDS:
52          59-7-159, as last amended by Laws of Utah 2022, Chapters 264, 274
53          59-7-610, as last amended by Laws of Utah 2021, Chapter 367
54          59-7-614, as last amended by Laws of Utah 2022, Chapter 274
55          59-10-137, as last amended by Laws of Utah 2022, Chapter 264
56          59-10-1002.2, as last amended by Laws of Utah 2022, Chapter 12

57          59-10-1007, as last amended by Laws of Utah 2021, Chapter 367
58          59-10-1014, as last amended by Laws of Utah 2021, Chapter 280
59          59-10-1106, as last amended by Laws of Utah 2021, Chapters 280, 374
60          63N-8-105, as last amended by Laws of Utah 2021, Chapter 282
61          79-6-401, as last amended by Laws of Utah 2022, Chapter 322
62     ENACTS:
63          59-1-214, Utah Code Annotated 1953
64     REPEALS AND REENACTS:
65          59-7-609, as enacted by Laws of Utah 1995, Chapter 42
66          59-10-1006, as renumbered and amended by Laws of Utah 2006, Chapter 223
67     REPEALS:
68          59-7-614.7, as last amended by Laws of Utah 2021, Chapter 280
69          59-10-1024, as last amended by Laws of Utah 2021, Chapter 280
70          59-10-1025, as last amended by Laws of Utah 2019, Chapter 465
71          59-10-1029, as last amended by Laws of Utah 2021, Chapter 280
72          63N-2-801, as renumbered and amended by Laws of Utah 2015, Chapter 283
73          63N-2-802, as last amended by Laws of Utah 2016, Chapter 354
74          63N-2-803, as last amended by Laws of Utah 2016, Chapter 354
75          63N-2-804, as renumbered and amended by Laws of Utah 2015, Chapter 283
76          63N-2-805, as renumbered and amended by Laws of Utah 2015, Chapter 283
77          63N-2-806, as last amended by Laws of Utah 2016, Chapter 354
78          63N-2-807, as renumbered and amended by Laws of Utah 2015, Chapter 283
79          63N-2-808, as last amended by Laws of Utah 2021, Chapter 282
80          63N-2-809, as renumbered and amended by Laws of Utah 2015, Chapter 283
81          63N-2-810, as last amended by Laws of Utah 2022, Chapter 362
82          63N-2-811, as last amended by Laws of Utah 2021, Chapter 382
83          79-6-501, as renumbered and amended by Laws of Utah 2021, Chapter 280
84          79-6-502, as renumbered and amended by Laws of Utah 2021, Chapter 280
85          79-6-503, as last amended by Laws of Utah 2021, Chapter 64 and renumbered and
86     amended by Laws of Utah 2021, Chapter 280
87          79-6-504, as renumbered and amended by Laws of Utah 2021, Chapter 280

88          79-6-505, as last amended by Laws of Utah 2022, Chapter 68
89     

90     Be it enacted by the Legislature of the state of Utah:
91          Section 1. Section 59-1-214 is enacted to read:
92          59-1-214. Disclosure of tax credit recipients.
93          (1) As used in this section:
94          (a) "Recipient" means a taxpayer, a claimant, an estate, or a trust that:
95          (i) applies for a tax credit certificate on or after January 1, 2024; and
96          (ii) is eligible to claim a tax credit in the amount for which a tax credit certificate is
97     issued.
98          (b) "Tax credit certificate" means a document that:
99          (i) a state agency is required by statute to issue upon an application by a taxpayer, a
100     claimant, an estate, or a trust;
101          (ii) verifies a taxpayer's, a claimant's, an estate's, or a trust's eligibility to claim a tax
102     credit;
103          (iii) lists the amount of tax credit that a taxpayer, a claimant, an estate, or a trust may
104     claim for the taxable year; and
105          (iv) without which the taxpayer, the claimant, the estate, or the trust may not claim the
106     tax credit.
107          (2) Each state agency shall provide the commission with a link to a webpage where the
108     state agency discloses, for each tax credit for which the state agency issues a tax credit
109     certificate:
110          (a) the names of each recipient of a tax credit certificate; and
111          (b) the amount of tax credit listed on the certificate.
112          (3) The Office of Energy Development is not required to comply with Subsection (2)
113     for a tax credit described in:
114          (a) Subsection 59-7-614(3); or
115          (b) Section 59-10-1014.
116          (4) The commission shall create a single webpage on the commission's website that
117     links to each state agency's webpage containing the information described in Subsection (2).
118          Section 2. Section 59-7-159 is amended to read:

119          59-7-159. Review of credits allowed under this chapter.
120          (1) As used in this section, "committee" means the Revenue and Taxation Interim
121     Committee.
122          (2) (a) The committee shall review the tax credits described in this chapter as provided
123     in Subsection (3) and make recommendations concerning whether the tax credits should be
124     continued, modified, or repealed.
125          (b) In conducting the review required under Subsection (2)(a), the committee shall:
126          (i) schedule time on at least one committee agenda to conduct the review;
127          (ii) invite state agencies, individuals, and organizations concerned with the tax credit
128     under review to provide testimony;
129          (iii) (A) invite the Governor's Office of Economic Opportunity to present a summary
130     and analysis of the information for each tax credit regarding which the Governor's Office of
131     Economic Opportunity is required to make a report under this chapter; and
132          (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
133     analysis of the information for each tax credit regarding which the Office of the Legislative
134     Fiscal Analyst is required to make a report under this chapter;
135          (iv) ensure that the committee's recommendations described in this section include an
136     evaluation of:
137          (A) the cost of the tax credit to the state;
138          (B) the purpose and effectiveness of the tax credit; and
139          (C) the extent to which the state benefits from the tax credit; [and]
140          (v) evaluate whether performance metrics or reporting requirements for the tax credit
141     would improve the committee's evaluation of the benefits to the taxpayer and the state from the
142     tax credit; and
143          (vi) undertake other review efforts as determined by the committee chairs or as
144     otherwise required by law.
145          (c) The committee shall prepare legislation for consideration by the Legislature at the
146     next general session recommending specific performance metrics or reporting requirements for
147     any tax credit that the committee determines meets the requirement described in Subsection
148     (2)(b)(v).
149          (3) (a) On or before November 30, 2017, and every three years after 2017, the

150     committee shall conduct the review required under Subsection (2) of the tax credits allowed
151     under the following sections:
152          (i) Section 59-7-601;
153          (ii) Section 59-7-607;
154          (iii) Section 59-7-612;
155          (iv) Section 59-7-614.1; and
156          (v) Section 59-7-614.5.
157          (b) On or before November 30, 2018, and every three years after 2018, the committee
158     shall conduct the review required under Subsection (2) of the tax credits allowed under the
159     following sections:
160          (i) Section 59-7-609;
161          (ii) Section 59-7-614.2;
162          (iii) Section 59-7-614.10; and
163          (iv) Section 59-7-619.
164          (c) On or before November 30, 2019, and every three years after 2019, the committee
165     shall conduct the review required under Subsection (2) of the tax credits allowed under the
166     following sections:
167          (i) Section 59-7-610; and
168          (ii) Section 59-7-614[; and].
169          [(iii) Section 59-7-614.7.]
170          (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
171     conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
172     2017.
173          (ii) The committee shall complete a review described in this Subsection (3)(d) three
174     years after the effective date of the tax credit and every three years after the initial review date.
175          (4) On or before November 30, 2023, the committee shall:
176          (a) evaluate the effectiveness of the current process for issuing a tax credit described in
177     Section 59-7-612;
178          (b) receive input from the commission regarding improvements to the process for
179     issuing a tax credit described in Section 59-7-612; and
180          (c) if the committee makes a recommendation for improving the process for issuing a

181     tax credit described in Section 59-7-612, prepare legislation for consideration by the
182     Legislature at the next general session.
183          Section 3. Section 59-7-609 is repealed and reenacted to read:
184          59-7-609. Historic preservation credit.
185          (1) As used in this section:
186          (a) "Certified historic building" means a building that:
187          (i) is listed on the National Register of Historic Places within three years of taking the
188     credit under this section; or
189          (ii) (A) is located in a National Register Historic District; and
190          (B) has been designated by the office as being of significance to the district.
191          (b) "Office" means the State Historic Preservation Office.
192          (c) (i) "Qualified rehabilitation expenditures" means any amount properly chargeable to
193     the rehabilitation and restoration of the physical elements of the building.
194          (ii) "Qualified rehabilitation expenditures" includes the historic decorative elements
195     and the upgrading of the structural, mechanical, electrical, and plumbing systems.
196          (iii) "Qualified rehabilitation expenditures" does not include expenditures related to:
197          (A) the taxpayer's personal labor;
198          (B) cost of acquisition of the property;
199          (C) any expenditure attributable to the enlargement of an existing building;
200          (D) rehabilitation of a certified historic building without the approval required in
201     Subsection (3)(a)(i);
202          (E) an expenditure attributable to landscaping or other site features, outbuildings,
203     garages, and related features; or
204          (F) demolition and removal costs for an existing building on a property site.
205          (d) "Residential" means a building used for residential use, either owner occupied or
206     income producing.
207          (2) A taxpayer may claim a nonrefundable tax credit in an amount equal to 20% of
208     qualified rehabilitation expenditures if:
209          (a) the qualified rehabilitation expenditures cost more than $10,000;
210          (b) the qualified rehabilitation expenditures are incurred in connection with a
211     residential certified historic building; and

212          (c) the taxpayer has a written tax credit certificate issued by the office in accordance
213     with Subsection (3).
214          (3) (a) The office shall issue a tax credit certificate if the office:
215          (i) approves all rehabilitation work for which a taxpayer may claim a tax credit as
216     meeting the Secretary of the Interior's Standards for Rehabilitation before completion of the
217     rehabilitation project so that the office can provide corrective comments to the taxpayer to
218     preserve the historic qualities of the building;
219          (ii) determines that the rehabilitation project conforms with the approved rehabilitation
220     work; and
221          (iii) verifies the property is a residential certified historic building and the amount of
222     the taxpayer's qualified rehabilitation expenditures.
223          (b) The tax credit certificate shall list the amount of the tax credit that the taxpayer is
224     eligible to claim.
225          (c) A taxpayer that receives a tax credit certificate under this section shall retain the tax
226     credit certificate for the same time period a person is required to keep books and records under
227     Section 59-1-1406.
228          (d) The office shall provide the commission with an electronic report that includes for
229     each taxpayer to which the office issued a tax credit certificate under this section for a taxable
230     year:
231          (i) the name of the taxpayer;
232          (ii) the identifying information of the taxpayer; and
233          (iii) the amount of tax credit that the taxpayer is eligible to claim.
234          (4) A taxpayer may carry forward the amount of the tax credit that exceeds the
235     taxpayer's tax liability for five taxable years after the year in which the taxpayer claims a tax
236     credit under this section.
237          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
238     commission, in consultation with the office, shall make rules to implement this section.
239          (6) The office shall include the number of estimated new jobs created in the state from
240     rehabilitation work in the annual report described in Section 9-1-208.
241          Section 4. Section 59-7-610 is amended to read:
242          59-7-610. Recycling market development zones tax credits.

243          (1) Subject to other provisions of this section, a taxpayer that is a business operating in
244     a recycling market development zone as defined in Section 19-13-102 may claim [the
245     following nonrefundable tax credits:]
246          [(a)] a nonrefundable tax credit equal to the product of the percentage listed in
247     Subsection 59-7-104(2) and the purchase price paid for machinery and equipment used directly
248     in:
249          [(i)] (a) commercial composting; or
250          [(ii)] (b) manufacturing facilities or plant units that:
251          [(A)] (i) manufacture, process, compound, or produce recycled items of tangible
252     personal property for sale; or
253          [(B)] (ii) reduce or reuse postconsumer waste material[; and].
254          [(b) a tax credit equal to the lesser of:]
255          [(i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
256     inventory, and utilities made by the taxpayer for establishing and operating recycling or
257     composting technology in the state; and]
258          [(ii) $2,000.]
259          (2) (a) To claim a tax credit described in Subsection (1), the taxpayer shall receive
260     from the Department of Environmental Quality a written certification, on a form approved by
261     the commission, that includes:
262          (i) a statement that the taxpayer is operating a business within the boundaries of a
263     recycling market development zone;
264          [(ii) for a claim of the tax credit described in Subsection (1)(a):]
265          [(A)] (ii) the type of the machinery and equipment that the taxpayer purchased;
266          [(B)] (iii) the date that the taxpayer purchased the machinery and equipment;
267          [(C)] (iv) the purchase price for [the] each item of machinery and equipment;
268          [(D)] (v) the total purchase price for all machinery and equipment for which the
269     taxpayer is claiming a tax credit;
270          [(E)] (vi) a statement that the machinery and equipment are integral to the composting
271     or recycling process; and
272          [(F)] (vii) the amount of the taxpayer's tax credit[; and].
273          [(iii) for a claim of the tax credit described in Subsection (1)(b):]

274          [(A) the type of net expenditure that the taxpayer made to a third party;]
275          [(B) the date that the taxpayer made the payment to a third party;]
276          [(C) the amount that the taxpayer paid to each third party;]
277          [(D) the total amount that the taxpayer paid to all third parties;]
278          [(E) a statement that the net expenditures support the establishment and operation of
279     recycling or composting technology in the state; and]
280          [(F) the amount of the taxpayer's tax credit.]
281          (b) (i) The Department of Environmental Quality shall provide a taxpayer seeking to
282     claim a tax credit under Subsection (1) with a copy of the written certification.
283          (ii) The taxpayer shall retain a copy of the written certification for the same period of
284     time that a person is required to keep books and records under Section 59-1-1406.
285          (c) The Department of Environmental Quality shall submit to the commission an
286     electronic list that includes:
287          (i) the name and identifying information of each taxpayer to which the Department of
288     Environmental Quality issues a written certification; and
289          (ii) for each taxpayer, the amount of each tax credit listed on the written certification.
290          (3) A taxpayer may not claim a tax credit [under Subsection (1)(a), Subsection (1)(b),
291     or both] that exceeds 40% of the taxpayer's state income tax liability as the tax liability is
292     calculated:
293          (a) for the taxable year in which the taxpayer made the purchases [or payments];
294          (b) before any other tax credits the taxpayer may claim for the taxable year; and
295          (c) before the taxpayer claims a tax credit authorized by this section.
296          (4) The commission shall make rules governing what information a taxpayer shall file
297     with the commission to verify the entitlement to and amount of a tax credit.
298          (5) Except as provided in Subsections (6) [through (8)] and (7), a taxpayer may carry
299     forward, to the next three taxable years, the amount of a tax credit [described in Subsection
300     (1)(a) that the] that the taxpayer does not use for the taxable year.
301          (6) A taxpayer may not claim or carry forward a tax credit [described in Subsection
302     (1)(a) in] under this section for a taxable year during which the taxpayer claims or carries
303     forward a tax credit under Section 63N-2-213.
304          [(7) A taxpayer may not claim a tax credit described in Subsection (1)(b) in a taxable

305     year during which the taxpayer claims or carries forward a tax credit under Section
306     63N-2-213.]
307          [(8)] (7) A taxpayer may not claim or carry forward a tax credit under this section for a
308     taxable year during which the taxpayer claims the targeted business income tax credit under
309     Section 59-7-624.
310          Section 5. Section 59-7-614 is amended to read:
311          59-7-614. Renewable energy systems tax credits -- Definitions -- Certification --
312     Rulemaking authority.
313          (1) As used in this section:
314          (a) (i) "Active solar system" means a system of equipment that is capable of:
315          (A) collecting and converting incident solar radiation into thermal, mechanical, or
316     electrical energy; and
317          (B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a separate
318     apparatus to storage or to the point of use.
319          (ii) "Active solar system" includes water heating, space heating or cooling, and
320     electrical or mechanical energy generation.
321          (b) "Biomass system" means a system of apparatus and equipment for use in:
322          (i) converting material into biomass energy, as defined in Section 59-12-102; and
323          (ii) transporting the biomass energy by separate apparatus to the point of use or storage.
324          (c) "Commercial energy system" means a system that is:
325          (i) (A) an active solar system;
326          (B) a biomass system;
327          (C) a direct use geothermal system;
328          (D) a geothermal electricity system;
329          (E) a geothermal heat pump system;
330          (F) a hydroenergy system;
331          (G) a passive solar system; or
332          (H) a wind system;
333          (ii) located in the state; and
334          (iii) used:
335          (A) to supply energy to a commercial unit; or

336          (B) as a commercial enterprise.
337          (d) "Commercial enterprise" means an entity, the purpose of which is to produce:
338          (i) electrical, mechanical, or thermal energy for sale from a commercial energy system;
339     or
340          (ii) hydrogen for sale from a hydrogen production system.
341          (e) (i) "Commercial unit" means a building or structure that an entity uses to transact
342     business.
343          (ii) Notwithstanding Subsection (1)(e)(i):
344          (A) with respect to an active solar system used for agricultural water pumping or a
345     wind system, each individual energy generating device is considered to be a commercial unit;
346     or
347          (B) if an energy system is the building or structure that an entity uses to transact
348     business, a commercial unit is the complete energy system itself.
349          (f) "Direct use geothermal system" means a system of apparatus and equipment that
350     enables the direct use of geothermal energy to meet energy needs, including heating a building,
351     an industrial process, and aquaculture.
352          (g) "Geothermal electricity" means energy that is:
353          (i) contained in heat that continuously flows outward from the earth; and
354          (ii) used as a sole source of energy to produce electricity.
355          (h) "Geothermal energy" means energy generated by heat that is contained in the earth.
356          (i) "Geothermal heat pump system" means a system of apparatus and equipment that:
357          (i) enables the use of thermal properties contained in the earth at temperatures well
358     below 100 degrees Fahrenheit; and
359          (ii) helps meet heating and cooling needs of a structure.
360          (j) "Hydroenergy system" means a system of apparatus and equipment that is capable
361     of:
362          (i) intercepting and converting kinetic water energy into electrical or mechanical
363     energy; and
364          (ii) transferring this form of energy by separate apparatus to the point of use or storage.
365          (k) "Hydrogen production system" means a system of apparatus and equipment, located
366     in this state, that uses:

367          (i) electricity from a renewable energy source to create hydrogen gas from water,
368     regardless of whether the renewable energy source is at a separate facility or the same facility
369     as the system of apparatus and equipment; or
370          (ii) uses renewable natural gas to produce hydrogen gas.
371          (l) "Office" means the Office of Energy Development created in Section 79-6-401.
372          (m) (i) "Passive solar system" means a direct thermal system that utilizes the structure
373     of a building and the structure's operable components to provide for collection, storage, and
374     distribution of heating or cooling during the appropriate times of the year by utilizing the
375     climate resources available at the site.
376          (ii) "Passive solar system" includes those portions and components of a building that
377     are expressly designed and required for the collection, storage, and distribution of solar energy.
378          (n) "Photovoltaic system" means an active solar system that generates electricity from
379     sunlight.
380          (o) (i) "Principal recovery portion" means the portion of a lease payment that
381     constitutes the cost a person incurs in acquiring a commercial energy system.
382          (ii) "Principal recovery portion" does not include:
383          (A) an interest charge; or
384          (B) a maintenance expense.
385          (p) "Renewable energy source" means the same as that term is defined in Section
386     54-17-601.
387          (q) "Residential energy system" means the following used to supply energy to or for a
388     residential unit:
389          (i) an active solar system;
390          (ii) a biomass system;
391          (iii) a direct use geothermal system;
392          (iv) a geothermal heat pump system;
393          (v) a hydroenergy system;
394          (vi) a passive solar system; or
395          (vii) a wind system.
396          (r) (i) "Residential unit" means a house, condominium, apartment, or similar dwelling
397     unit that:

398          (A) is located in the state; and
399          (B) serves as a dwelling for a person, group of persons, or a family.
400          (ii) "Residential unit" does not include property subject to a fee under:
401          (A) Section 59-2-405;
402          (B) Section 59-2-405.1;
403          (C) Section 59-2-405.2;
404          (D) Section 59-2-405.3; or
405          (E) Section 72-10-110.5.
406          (s) "Wind system" means a system of apparatus and equipment that is capable of:
407          (i) intercepting and converting wind energy into mechanical or electrical energy; and
408          (ii) transferring these forms of energy by a separate apparatus to the point of use, sale,
409     or storage.
410          (2) A taxpayer may claim an energy system tax credit as provided in this section
411     against a tax due under this chapter for a taxable year.
412          (3) (a) Subject to the other provisions of this Subsection (3), a taxpayer may claim a
413     nonrefundable tax credit under this Subsection (3) with respect to a residential unit the taxpayer
414     owns or uses if:
415          (i) the taxpayer:
416          (A) purchases and completes a residential energy system to supply all or part of the
417     energy required for the residential unit; or
418          (B) participates in the financing of a residential energy system to supply all or part of
419     the energy required for the residential unit; and
420          (ii) the taxpayer obtains a written certification from the office in accordance with
421     Subsection (8).
422          (b) (i) Subject to Subsections (3)(b)(ii) through (iv) and, as applicable, Subsection
423     (3)(c) or (d), the tax credit is equal to 25% of the reasonable costs of each residential energy
424     system installed with respect to each residential unit the taxpayer owns or uses.
425          (ii) A tax credit under this Subsection (3) may include installation costs.
426          (iii) A taxpayer may claim a tax credit under this Subsection (3) for the taxable year in
427     which the residential energy system is completed and placed in service.
428          (iv) If the amount of a tax credit under this Subsection (3) exceeds a taxpayer's tax

429     liability under this chapter for a taxable year, the taxpayer may carry forward the amount of the
430     tax credit exceeding the liability for a period that does not exceed the next four taxable years.
431          (c) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
432     residential energy system, other than a photovoltaic system, may not exceed $2,000 per
433     residential unit.
434          (d) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
435     photovoltaic system may not exceed:
436          (i) for a system installed on or after January 1, 2018, but on or before December 31,
437     2020, $1,600;
438          (ii) for a system installed on or after January 1, 2021, but on or before December 31,
439     2021, $1,200;
440          (iii) for a system installed on or after January 1, 2022, but on or before December 31,
441     2022, $800;
442          (iv) for a system installed on or after January 1, 2023, but on or before December 31,
443     2023, $400; and
444          (v) for a system installed on or after January 1, 2024, $0.
445          (e) If a taxpayer sells a residential unit to another person before the taxpayer claims the
446     tax credit under this Subsection (3):
447          (i) the taxpayer may assign the tax credit to the other person; and
448          (ii) (A) if the other person files a return under this chapter, the other person may claim
449     the tax credit under this section as if the other person had met the requirements of this section
450     to claim the tax credit; or
451          (B) if the other person files a return under Chapter 10, Individual Income Tax Act, the
452     other person may claim the tax credit under Section 59-10-1014 as if the other person had met
453     the requirements of Section 59-10-1014 to claim the tax credit.
454          (4) (a) Subject to the other provisions of this Subsection (4), a taxpayer may claim a
455     refundable tax credit under this Subsection (4) with respect to a commercial energy system if:
456          (i) the commercial energy system does not use:
457          (A) wind, geothermal electricity, [solar,] or biomass equipment capable of producing a
458     total of 660 or more kilowatts of electricity; or
459          (B) solar equipment capable of producing 2,000 or more kilowatts of electricity;

460          (ii) the taxpayer purchases or participates in the financing of the commercial energy
461     system;
462          (iii) (A) the commercial energy system supplies all or part of the energy required by
463     commercial units owned or used by the taxpayer; or
464          (B) the taxpayer sells all or part of the energy produced by the commercial energy
465     system as a commercial enterprise;
466          (iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
467     for hydrogen production using electricity for which the taxpayer claims a tax credit under this
468     Subsection (4); and
469          (v) the taxpayer obtains a written certification from the office in accordance with
470     Subsection (8).
471          (b) (i) Subject to Subsections (4)(b)(ii) through (iv), the tax credit is equal to 10% of
472     the reasonable costs of the commercial energy system.
473          (ii) A tax credit under this Subsection (4) may include installation costs.
474          (iii) A taxpayer is eligible to claim a tax credit under this Subsection (4) for the taxable
475     year in which the commercial energy system is completed and placed in service.
476          (iv) The total amount of tax credit a taxpayer may claim under this Subsection (4) may
477     not exceed $50,000 per commercial unit.
478          (c) (i) Subject to Subsections (4)(c)(ii) and (iii), a taxpayer that is a lessee of a
479     commercial energy system installed on a commercial unit may claim a tax credit under this
480     Subsection (4) if the taxpayer confirms that the lessor irrevocably elects not to claim the tax
481     credit.
482          (ii) A taxpayer described in Subsection (4)(c)(i) may claim as a tax credit under this
483     Subsection (4) only the principal recovery portion of the lease payments.
484          (iii) A taxpayer described in Subsection (4)(c)(i) may claim a tax credit under this
485     Subsection (4) for a period that does not exceed seven taxable years after the day on which the
486     lease begins, as stated in the lease agreement.
487          (5) (a) Subject to the other provisions of this Subsection (5), a taxpayer may claim a
488     refundable tax credit under this Subsection (5) with respect to a commercial energy system if:
489          (i) the commercial energy system uses wind, geothermal electricity, or biomass
490     equipment capable of producing a total of 660 or more kilowatts of electricity;

491          (ii) (A) the commercial energy system supplies all or part of the energy required by
492     commercial units owned or used by the taxpayer; or
493          (B) the taxpayer sells all or part of the energy produced by the commercial energy
494     system as a commercial enterprise;
495          (iii) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
496     for hydrogen production using electricity for which the taxpayer claims a tax credit under this
497     Subsection (5); and
498          (iv) the taxpayer obtains a written certification from the office in accordance with
499     Subsection (8).
500          (b) (i) Subject to Subsection (5)(b)(ii), a tax credit under this Subsection (5) is equal to
501     the product of:
502          (A) 0.35 cents; and
503          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
504          (ii) A taxpayer is eligible to claim a tax credit under this Subsection (5) for production
505     occurring during a period of 48 months beginning with the month in which the commercial
506     energy system is placed in commercial service.
507          (c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
508     unit may claim a tax credit under this Subsection (5) if the taxpayer confirms that the lessor
509     irrevocably elects not to claim the tax credit.
510          (6) (a) Subject to the other provisions of this Subsection (6), a taxpayer may claim a
511     refundable tax credit as provided in this Subsection (6) if:
512          (i) the taxpayer owns a commercial energy system that uses solar equipment capable of
513     producing a total of [660] 2,000 or more kilowatts of electricity;
514          (ii) (A) the commercial energy system supplies all or part of the energy required by
515     commercial units owned or used by the taxpayer; or
516          (B) the taxpayer sells all or part of the energy produced by the commercial energy
517     system as a commercial enterprise;
518          (iii) the taxpayer does not claim a tax credit under Subsection (4) and has not claimed
519     and will not claim a tax credit under Subsection (7) for hydrogen production using electricity
520     for which a taxpayer claims a tax credit under this Subsection (6); and
521          (iv) the taxpayer obtains a written certification from the office in accordance with

522     Subsection (8).
523          (b) (i) Subject to Subsection (6)(b)(ii), a tax credit under this Subsection (6) is equal to
524     the product of:
525          (A) 0.35 cents; and
526          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
527          (ii) A taxpayer is eligible to claim a tax credit under this Subsection (6) for production
528     occurring during a period of 48 months beginning with the month in which the commercial
529     energy system is placed in commercial service.
530          (c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
531     unit may claim a tax credit under this Subsection (6) if the taxpayer confirms that the lessor
532     irrevocably elects not to claim the tax credit.
533          (7) (a) A taxpayer may claim a refundable tax credit as provided in this Subsection (7)
534     if:
535          (i) the taxpayer owns a hydrogen production system;
536          (ii) the hydrogen production system is completed and placed in service on or after
537     January 1, 2022;
538          (iii) the taxpayer sells as a commercial enterprise, or supplies for the taxpayer's own
539     use in commercial units, the hydrogen produced from the hydrogen production system;
540          (iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (4),
541     (5), or (6) or Section 59-7-626 for electricity or hydrogen used to meet the requirements of this
542     Subsection (7); and
543          (v) the taxpayer obtains a written certification from the office in accordance with
544     Subsection (8).
545          (b) (i) Subject to Subsections (7)(b)(ii) and (iii), a tax credit under this Subsection (7)
546     is equal to the product of:
547          (A) $0.12; and
548          (B) the number of kilograms of hydrogen produced during the taxable year.
549          (ii) A taxpayer may not receive a tax credit under this Subsection (7) for more than
550     5,600 metric tons of hydrogen per taxable year.
551          (iii) A taxpayer is eligible to claim a tax credit under this Subsection (7) for production
552     occurring during a period of 48 months beginning with the month in which the hydrogen

553     production system is placed in commercial service.
554          (8) (a) Before a taxpayer may claim a tax credit under this section, the taxpayer shall
555     obtain a written certification from the office.
556          (b) The office shall issue a taxpayer a written certification if the office determines that:
557          (i) the taxpayer meets the requirements of this section to receive a tax credit; and
558          (ii) the residential energy system, the commercial energy system, or the hydrogen
559     production system with respect to which the taxpayer seeks to claim a tax credit:
560          (A) has been completely installed;
561          (B) is a viable system for saving or producing energy from renewable resources; and
562          (C) is safe, reliable, efficient, and technically feasible to ensure that the residential
563     energy system, the commercial energy system, or the hydrogen production system uses the
564     state's renewable and nonrenewable energy resources in an appropriate and economic manner.
565          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
566     office may make rules:
567          (i) for determining whether a residential energy system, a commercial energy system,
568     or a hydrogen production system meets the requirements of Subsection (8)(b)(ii); and
569          (ii) for purposes of a tax credit under Subsection (3) or (4), establishing the reasonable
570     costs of a residential energy system or a commercial energy system, as an amount per unit of
571     energy production.
572          (d) A taxpayer that obtains a written certification from the office shall retain the
573     certification for the same time period a person is required to keep books and records under
574     Section 59-1-1406.
575          (e) The office shall submit to the commission an electronic list that includes:
576          (i) the name and identifying information of each taxpayer to which the office issues a
577     written certification; and
578          (ii) for each taxpayer:
579          (A) the amount of the tax credit listed on the written certification; and
580          (B) the date the renewable energy system was installed.
581          (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
582     commission may make rules to address the certification of a tax credit under this section.
583          (10) A tax credit under this section is in addition to any tax credits provided under the

584     laws or rules and regulations of the United States.
585          Section 6. Section 59-10-137 is amended to read:
586          59-10-137. Review of credits allowed under this chapter.
587          (1) As used in this section, "committee" means the Revenue and Taxation Interim
588     Committee.
589          (2) (a) The committee shall review the tax credits described in this chapter as provided
590     in Subsection (3) and make recommendations concerning whether the tax credits should be
591     continued, modified, or repealed.
592          (b) In conducting the review required under Subsection (2)(a), the committee shall:
593          (i) schedule time on at least one committee agenda to conduct the review;
594          (ii) invite state agencies, individuals, and organizations concerned with the tax credit
595     under review to provide testimony;
596          (iii) (A) invite the Governor's Office of Economic Opportunity to present a summary
597     and analysis of the information for each tax credit regarding which the Governor's Office of
598     Economic Opportunity is required to make a report under this chapter; and
599          (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
600     analysis of the information for each tax credit regarding which the Office of the Legislative
601     Fiscal Analyst is required to make a report under this chapter;
602          (iv) ensure that the committee's recommendations described in this section include an
603     evaluation of:
604          (A) the cost of the tax credit to the state;
605          (B) the purpose and effectiveness of the tax credit; and
606          (C) the extent to which the state benefits from the tax credit; [and]
607          (v) evaluate whether performance metrics or reporting requirements for the tax credit
608     would improve the committee's evaluation of the benefits to the claimant, estate, or trust and
609     the state from the tax credit; and
610          [(v)] (vi) undertake other review efforts as determined by the committee chairs or as
611     otherwise required by law.
612          (c) The committee shall prepare legislation for consideration by the Legislature at the
613     next general session recommending specific performance metrics or reporting requirements for
614     any tax credit that the committee determines meets the requirement described in Subsection

615     (2)(b)(v).
616          (3) (a) On or before November 30, 2017, and every three years after 2017, the
617     committee shall conduct the review required under Subsection (2) of the tax credits allowed
618     under the following sections:
619          (i) Section 59-10-1004;
620          (ii) Section 59-10-1010;
621          (iii) Section 59-10-1015;
622          [(iv) Section 59-10-1025;]
623          [(v)] (iv) Section 59-10-1027;
624          [(vi)] (v) Section 59-10-1031;
625          [(vii)] (vi) Section 59-10-1032;
626          [(viii)] (vii) Section 59-10-1035;
627          [(ix)] (viii) Section 59-10-1104;
628          [(x)] (ix) Section 59-10-1105; and
629          [(xi)] (x) Section 59-10-1108.
630          (b) On or before November 30, 2018, and every three years after 2018, the committee
631     shall conduct the review required under Subsection (2) of the tax credits allowed under the
632     following sections:
633          (i) Section 59-10-1005;
634          (ii) Section 59-10-1006;
635          (iii) Section 59-10-1012;
636          (iv) Section 59-10-1022;
637          (v) Section 59-10-1023;
638          (vi) Section 59-10-1028;
639          (vii) Section 59-10-1034;
640          (viii) Section 59-10-1037; and
641          (ix) Section 59-10-1107.
642          (c) On or before November 30, 2019, and every three years after 2019, the committee
643     shall conduct the review required under Subsection (2) of the tax credits allowed under the
644     following sections:
645          (i) Section 59-10-1007;

646          (ii) Section 59-10-1014;
647          (iii) Section 59-10-1017;
648          (iv) Section 59-10-1018;
649          (v) Section 59-10-1019;
650          [(vi) Section 59-10-1024;]
651          [(vii) Section 59-10-1029;]
652          [(viii)] (vi) Section 59-10-1036;
653          [(ix)] (vii) Section 59-10-1106; and
654          [(x)] (viii) Section 59-10-1111.
655          (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
656     conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
657     2017.
658          (ii) The committee shall complete a review described in this Subsection (3)(d) three
659     years after the effective date of the tax credit and every three years after the initial review date.
660          (4) On or before November 30, 2023, the committee shall:
661          (a) evaluate the effectiveness of the current process for issuing a tax credit described in
662     Section 59-10-1012;
663          (b) receive input from the commission regarding improvements to the process for
664     issuing a tax credit described in Section 59-10-1012; and
665          (c) if the committee makes a recommendation for improving the process for issuing a
666     tax credit described in Section 59-10-1012, prepare legislation for consideration by the
667     Legislature at the next general session.
668          Section 7. Section 59-10-1002.2 is amended to read:
669          59-10-1002.2. Apportionment of tax credits.
670          (1) A nonresident individual or a part-year resident individual that claims a tax credit
671     in accordance with Section 59-10-1017, 59-10-1018, 59-10-1019, 59-10-1022, 59-10-1023[,
672     59-10-1024], 59-10-1028, 59-10-1042, 59-10-1043, or 59-10-1044 may only claim an
673     apportioned amount of the tax credit equal to:
674          (a) for a nonresident individual, the product of:
675          (i) the state income tax percentage for the nonresident individual; and
676          (ii) the amount of the tax credit that the nonresident individual would have been

677     allowed to claim but for the apportionment requirements of this section; or
678          (b) for a part-year resident individual, the product of:
679          (i) the state income tax percentage for the part-year resident individual; and
680          (ii) the amount of the tax credit that the part-year resident individual would have been
681     allowed to claim but for the apportionment requirements of this section.
682          (2) A nonresident estate or trust that claims a tax credit in accordance with Section
683     59-10-1017, 59-10-1020, 59-10-1022[, 59-10-1024], or 59-10-1028 may only claim an
684     apportioned amount of the tax credit equal to the product of:
685          (a) the state income tax percentage for the nonresident estate or trust; and
686          (b) the amount of the tax credit that the nonresident estate or trust would have been
687     allowed to claim but for the apportionment requirements of this section.
688          Section 8. Section 59-10-1006 is repealed and reenacted to read:
689          59-10-1006. Historic preservation tax credit.
690          (1) As used in this section:
691          (a) "Certified historic building" means a building that:
692          (i) is listed on the National Register of Historic Places within three years of taking the
693     credit under this section; or
694          (ii) (A) is located in a National Register Historic District; and
695          (B) has been designated by the office as being of significance to the district.
696          (b) "Office" means the State Historic Preservation Office.
697          (c) (i) "Qualified rehabilitation expenditures" means any amount properly chargeable to
698     the rehabilitation and restoration of the physical elements of the building.
699          (ii) "Qualified rehabilitation expenditures" includes the historic decorative elements
700     and the upgrading of the structural, mechanical, electrical, and plumbing systems.
701          (iii) "Qualified rehabilitation expenditures" does not include expenditures related to:
702          (A) the claimant's, estate's, or trust's personal labor;
703          (B) cost of acquisition of the property;
704          (C) any expenditure attributable to the enlargement of an existing building;
705          (D) rehabilitation of a certified historic building without the approval required in
706     Subsection (3)(a)(i);
707          (E) an expenditure attributable to landscaping or other site features, outbuildings,

708     garages, and related features; or
709          (F) demolition and removal costs for an existing building on a property site.
710          (d) "Residential" means a building used for residential use, either owner occupied or
711     income producing.
712          (2) A claimant, estate, or trust may claim a nonrefundable tax credit in an amount equal
713     to 20% of qualified rehabilitation expenditures if:
714          (a) the qualified rehabilitation expenditures cost more than $10,000;
715          (b) the qualified rehabilitation expenditures are incurred in connection with a
716     residential certified historic building; and
717          (c) the claimant, estate, or trust has a written tax credit certificate issued in accordance
718     with Subsection (3).
719          (3) (a) The office shall issue a tax credit certificate if the office:
720          (i) approves all rehabilitation work for which a claimant, estate, or trust may claim a
721     tax credit as meeting the Secretary of the Interior's Standards for Rehabilitation before
722     completion of the rehabilitation project so that the office can provide corrective comments to
723     the claimant, estate, or trust to preserve the historic qualities of the building;
724          (ii) determines that the rehabilitation project conforms with the approved rehabilitation
725     work; and
726          (iii) verifies the property is a residential certified historic building and the amount of
727     the claimant's, estate's, or trust's qualified rehabilitation expenditures.
728          (b) The tax credit certificate shall list the amount of the tax credit that the claimant,
729     estate, or trust is eligible to claim.
730          (c) A claimant, estate, or trust that receives a tax credit certificate under this section
731     shall retain the tax credit certificate for the same time period a person is required to keep books
732     and records under Section 59-1-1406.
733          (d) The office shall provide the commission with an electronic report that includes for
734     each claimant, estate, or trust to which the office issued a tax credit certificate under this
735     section for a taxable year:
736          (i) the name of the claimant, estate, or trust;
737          (ii) the identifying information of the claimant, estate, or trust; and
738          (iii) the amount of tax credit that the claimant, estate, or trust is eligible to claim.

739          (4) A claimant, estate, or trust may carry forward the amount of the tax credit that
740     exceeds the claimant's, estate's, or trust's tax liability for five taxable years after the year in
741     which the claimant, estate, or trust claims a tax credit under this section.
742          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
743     commission, in consultation with the office, shall make rules to implement this section.
744          (6) The office shall include the number of estimated new jobs created in the state from
745     rehabilitation work in the annual report described in Section 9-1-208.
746          Section 9. Section 59-10-1007 is amended to read:
747          59-10-1007. Recycling market development zones tax credits.
748          (1) Subject to other provisions of this section, a claimant, estate, or trust [in a recycling
749     market development zone as defined in Section 19-13-102 may claim the following
750     nonrefundable tax credits:]
751          [(a) a] may claim a nonrefundable tax credit equal to the product of the percentage
752     listed in Subsection 59-10-104(2) and the purchase price paid for machinery and equipment
753     used directly in:
754          [(i)] (a) commercial composting; or
755          [(ii)] (b) manufacturing facilities or plant units that:
756          [(A)] (i) manufacture, process, compound, or produce recycled items of tangible
757     personal property for sale; or
758          [(B)] (ii) reduce or reuse postconsumer waste material[; and].
759          [(b) a tax credit equal to the lesser of:]
760          [(i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
761     inventory, and utilities made by the claimant, estate, or trust for establishing and operating
762     recycling or composting technology in the state; and]
763          [(ii) $2,000.]
764          (2) (a) To claim a tax credit described in Subsection (1), the claimant, estate, or trust
765     shall receive from the Department of Environmental Quality a written certification, on a form
766     approved by the commission, that includes:
767          (i) a statement that the claimant, estate, or trust is operating within the boundaries of a
768     recycling market development zone;
769          [(ii) for a claim of the tax credit described in Subsection (1)(a):]

770          [(A)] (ii) the type of the machinery and equipment that the claimant, estate, or trust
771     purchased;
772          [(B)] (iii) the date that the claimant, estate, or trust purchased the machinery and
773     equipment;
774          [(C)] (iv) the purchase price for [the] each item of machinery and equipment;
775          [(D)] (v) the total purchase price for all machinery and equipment for which the
776     claimant, estate, or trust is claiming a tax credit;
777          (vi) a statement that the machinery and equipment are integral to the composting or
778     recycling process; and
779          [(E)] (vii) the amount of the claimant's, estate's, or trust's tax credit[; and].
780          [(F) a statement that the machinery and equipment are integral to the composting or
781     recycling process; and]
782          [(iii) for a claim of the tax credit described in Subsection (1)(b):]
783          [(A) the type of net expenditure that the claimant, estate, or trust made to a third party;]
784          [(B) the date that the claimant, estate, or trust made the payment to a third party;]
785          [(C) the amount that the claimant, estate, or trust paid to each third party;]
786          [(D) the total amount that the claimant, estate, or trust paid to all third parties;]
787          [(E) a statement that the net expenditures support the establishment and operation of
788     recycling or composting technology in the state; and]
789          [(F) the amount of the claimant's, estate's, or trust's tax credit.]
790          (b) (i) The Department of Environmental Quality shall provide a claimant, estate, or
791     trust seeking to claim a tax credit under Subsection (1) with a copy of the written certification.
792          (ii) The claimant, estate, or trust shall retain a copy of the written certification for the
793     same period of time that a person is required to keep books and records under Section
794     59-1-1406.
795          (c) The Department of Environmental Quality shall submit to the commission an
796     electronic list that includes:
797          (i) the name and identifying information of each claimant, estate, or trust to which the
798     Department of Environmental Quality issues a written certification; and
799          (ii) for each claimant, estate, or trust, the amount of each tax credit listed on the written
800     certification.

801          (3) A claimant, estate, or trust may not claim a tax credit [under Subsection (1)(a),
802     Subsection (1)(b), or both] that exceeds 40% of the claimant's, estate's, or trust's state income
803     tax liability as the tax liability is calculated:
804          (a) for the taxable year in which the claimant, estate, or trust made the purchases [or
805     payments];
806          (b) before any other tax credits the claimant, estate, or trust may claim for the taxable
807     year; and
808          (c) before the claimant, estate, or trust claims a tax credit authorized by this section.
809          (4) The commission shall make rules governing what information a claimant, estate, or
810     trust shall file with the commission to verify the entitlement to and amount of a tax credit.
811          (5) Except as provided in Subsections (6) [through (8)] and (7), a claimant, estate, or
812     trust may carry forward, to the next three taxable years, the amount of a tax credit [described in
813     Subsection (1)(a)] that the claimant, estate, or trust does not use for the taxable year.
814          (6) A claimant, estate, or trust may not claim or carry forward a tax credit [described in
815     Subsection (1)(a) in] under this section for a taxable year during which the claimant, estate, or
816     trust claims or carries forward a tax credit under Section 63N-2-213.
817          [(7) A claimant, estate, or trust may not claim a tax credit described in Subsection
818     (1)(b) in a taxable year during which the claimant, estate, or trust claims or carries forward a
819     tax credit under Section 63N-2-213.]
820          [(8)] (7) A claimant, estate, or trust may not claim or carry forward a tax credit under
821     this section for a taxable year during which the claimant, estate, or trust claims the targeted
822     business income tax credit under Section 59-10-1112.
823          Section 10. Section 59-10-1014 is amended to read:
824          59-10-1014. Nonrefundable renewable energy systems tax credits -- Definitions --
825     Certification -- Rulemaking authority.
826          (1) As used in this section:
827          (a) (i) "Active solar system" means a system of equipment that is capable of:
828          (A) collecting and converting incident solar radiation into thermal, mechanical, or
829     electrical energy; and
830          (B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a separate
831     apparatus to storage or to the point of use.

832          (ii) "Active solar system" includes water heating, space heating or cooling, and
833     electrical or mechanical energy generation.
834          (b) "Biomass system" means a system of apparatus and equipment for use in:
835          (i) converting material into biomass energy, as defined in Section 59-12-102; and
836          (ii) transporting the biomass energy by separate apparatus to the point of use or storage.
837          (c) "Direct use geothermal system" means a system of apparatus and equipment that
838     enables the direct use of geothermal energy to meet energy needs, including heating a building,
839     an industrial process, and aquaculture.
840          (d) "Geothermal electricity" means energy that is:
841          (i) contained in heat that continuously flows outward from the earth; and
842          (ii) used as a sole source of energy to produce electricity.
843          (e) "Geothermal energy" means energy generated by heat that is contained in the earth.
844          (f) "Geothermal heat pump system" means a system of apparatus and equipment that:
845          (i) enables the use of thermal properties contained in the earth at temperatures well
846     below 100 degrees Fahrenheit; and
847          (ii) helps meet heating and cooling needs of a structure.
848          (g) "Hydroenergy system" means a system of apparatus and equipment that is capable
849     of:
850          (i) intercepting and converting kinetic water energy into electrical or mechanical
851     energy; and
852          (ii) transferring this form of energy by separate apparatus to the point of use or storage.
853          (h) "Office" means the Office of Energy Development created in Section 79-6-401.
854          (i) (i) "Passive solar system" means a direct thermal system that utilizes the structure of
855     a building and its operable components to provide for collection, storage, and distribution of
856     heating or cooling during the appropriate times of the year by utilizing the climate resources
857     available at the site.
858          (ii) "Passive solar system" includes those portions and components of a building that
859     are expressly designed and required for the collection, storage, and distribution of solar energy.
860          (j) "Photovoltaic system" means an active solar system that generates electricity from
861     sunlight.
862          (k) (i) "Principal recovery portion" means the portion of a lease payment that

863     constitutes the cost a person incurs in acquiring a residential energy system.
864          (ii) "Principal recovery portion" does not include:
865          (A) an interest charge; or
866          (B) a maintenance expense.
867          (l) "Residential energy system" means the following used to supply energy to or for a
868     residential unit:
869          (i) an active solar system;
870          (ii) a biomass system;
871          (iii) a direct use geothermal system;
872          (iv) a geothermal heat pump system;
873          (v) a hydroenergy system;
874          (vi) a passive solar system; or
875          (vii) a wind system.
876          (m) (i) "Residential unit" means a house, condominium, apartment, or similar dwelling
877     unit that:
878          (A) is located in the state; and
879          (B) serves as a dwelling for a person, group of persons, or a family.
880          (ii) "Residential unit" does not include property subject to a fee under:
881          (A) Section 59-2-405;
882          (B) Section 59-2-405.1;
883          (C) Section 59-2-405.2;
884          (D) Section 59-2-405.3; or
885          (E) Section 72-10-110.5.
886          (n) "Wind system" means a system of apparatus and equipment that is capable of:
887          (i) intercepting and converting wind energy into mechanical or electrical energy; and
888          (ii) transferring these forms of energy by a separate apparatus to the point of use or
889     storage.
890          (2) A claimant, estate, or trust may claim an energy system tax credit as provided in
891     this section against a tax due under this chapter for a taxable year.
892          (3) For a taxable year beginning on or after January 1, 2007, a claimant, estate, or trust
893     may claim a nonrefundable tax credit under this section with respect to a residential unit the

894     claimant, estate, or trust owns or uses if:
895          (a) the claimant, estate, or trust:
896          (i) purchases and completes a residential energy system to supply all or part of the
897     energy required for the residential unit; or
898          (ii) participates in the financing of a residential energy system to supply all or part of
899     the energy required for the residential unit;
900          (b) the residential energy system is installed on or after January 1, 2007; and
901          (c) the claimant, estate, or trust obtains a written certification from the office in
902     accordance with Subsection (5).
903          (4) (a) For a residential energy system, other than a photovoltaic system, the tax credit
904     described in this section is equal to the lesser of:
905          (i) 25% of the reasonable costs, including installation costs, of each residential energy
906     system installed with respect to each residential unit the claimant, estate, or trust owns or uses;
907     and
908          (ii) $2,000.
909          (b) Subject to Subsection (5)(d), for a residential energy system that is a photovoltaic
910     system, the tax credit described in this section is equal to the lesser of:
911          (i) 25% of the reasonable costs, including installation costs, of each system installed
912     with respect to each residential unit the claimant, estate, or trust owns or uses; or
913          (ii) (A) for a system installed on or after January 1, 2007, but on or before December
914     31, 2017, $2,000;
915          (B) for a system installed on or after January 1, 2018, but on or before December 31,
916     2020, $1,600;
917          (C) for a system installed on or after January 1, 2021, but on or before December 31,
918     2021, $1,200;
919          (D) for a system installed on or after January 1, 2022, but on or before December 31,
920     2022, $800;
921          (E) for a system installed on or after January 1, 2023, but on or before December 31,
922     2023, $400; and
923          (F) for a system installed on or after January 1, 2024, $0.
924          (c) (i) The office shall determine the amount of the tax credit that a claimant, estate, or

925     trust may claim and list that amount on the written certification that the office issues under
926     Subsection (5).
927          (ii) The claimant, estate, or trust may claim the tax credit in the amount listed on the
928     written certification that the office issues under Subsection (5).
929          (d) A claimant, estate, or trust may claim a tax credit under Subsection (3) for the
930     taxable year in which the residential energy system is installed.
931          (e) If the amount of a tax credit listed on the written certification exceeds a claimant's,
932     estate's, or trust's tax liability under this chapter for a taxable year, the claimant, estate, or trust
933     may carry forward the amount of the tax credit exceeding the liability for a period that does not
934     exceed the next four taxable years.
935          (f) A claimant, estate, or trust may claim a tax credit with respect to additional
936     residential energy systems or parts of residential energy systems for a subsequent taxable year
937     if the total amount of tax credit the claimant, estate, or trust claims does not exceed $2,000 per
938     residential unit.
939          (g) (i) Subject to Subsections (4)(g)(ii) and (iii), a claimant, estate, or trust that leases a
940     residential energy system installed on a residential unit may claim a tax credit under Subsection
941     (3) if the claimant, estate, or trust confirms that the lessor irrevocably elects not to claim the tax
942     credit.
943          (ii) A claimant, estate, or trust described in Subsection (4)(g)(i) that leases a residential
944     energy system may claim as a tax credit under Subsection (3) only the principal recovery
945     portion of the lease payments.
946          (iii) A claimant, estate, or trust described in Subsection (4)(g)(i) that leases a
947     residential energy system may claim a tax credit under Subsection (3) for a period that does not
948     exceed seven taxable years after the date the lease begins, as stated in the lease agreement.
949          (h) If a claimant, estate, or trust sells a residential unit to another person before the
950     claimant, estate, or trust claims the tax credit under Subsection (3):
951          (i) the claimant, estate, or trust may assign the tax credit to the other person; and
952          (ii) (A) if the other person files a return under Chapter 7, Corporate Franchise and
953     Income Taxes, the other person may claim the tax credit as if the other person had met the
954     requirements of Section 59-7-614 to claim the tax credit; or
955          (B) if the other person files a return under this chapter, the other person may claim the

956     tax credit under this section as if the other person had met the requirements of this section to
957     claim the tax credit.
958          (5) (a) Before a claimant, estate, or trust may claim a tax credit under this section, the
959     claimant, estate, or trust shall obtain a written certification from the office.
960          (b) The office shall issue a claimant, estate, or trust a written certification if the office
961     determines that:
962          (i) the claimant, estate, or trust meets the requirements of this section to receive a tax
963     credit; and
964          (ii) the office determines that the residential energy system with respect to which the
965     claimant, estate, or trust seeks to claim a tax credit:
966          (A) has been completely installed;
967          (B) is a viable system for saving or producing energy from renewable resources; and
968          (C) is safe, reliable, efficient, and technically feasible to ensure that the residential
969     energy system uses the state's renewable and nonrenewable energy resources in an appropriate
970     and economic manner.
971          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
972     office may make rules:
973          (i) for determining whether a residential energy system meets the requirements of
974     Subsection (5)(b)(ii); and
975          (ii) for purposes of determining the amount of a tax credit that a claimant, estate, or
976     trust may receive under Subsection (4), establishing the reasonable costs of a residential energy
977     system, as an amount per unit of energy production.
978          (d) A claimant, estate, or trust that obtains a written certification from the office shall
979     retain the certification for the same time period a person is required to keep books and records
980     under Section 59-1-1406.
981          (e) The office shall submit to the commission an electronic list that includes:
982          (i) the name and identifying information of each claimant, estate, or trust to which the
983     office issues a written certification; and
984          (ii) for each claimant, estate, or trust:
985          (A) the amount of the tax credit listed on the written certification; and
986          (B) the date the renewable energy system was installed.

987          (6) A tax credit under this section is in addition to any tax credits provided under the
988     laws or rules and regulations of the United States.
989          [(7) A purchaser of one or more solar units that claims a tax credit under Section
990     59-10-1024 for the purchase of the one or more solar units may not claim a tax credit under this
991     section for that purchase.]
992          Section 11. Section 59-10-1106 is amended to read:
993          59-10-1106. Refundable renewable energy systems tax credits -- Definitions --
994     Certification -- Rulemaking authority.
995          (1) As used in this section:
996          (a) "Active solar system" means the same as that term is defined in Section
997     59-10-1014.
998          (b) "Biomass system" means the same as that term is defined in Section 59-10-1014.
999          (c) "Commercial energy system" means the same as that term is defined in Section
1000     59-7-614.
1001          (d) "Commercial enterprise" means the same as that term is defined in Section
1002     59-7-614.
1003          (e) "Commercial unit" means the same as that term is defined in Section 59-7-614.
1004          (f) "Direct use geothermal system" means the same as that term is defined in Section
1005     59-10-1014.
1006          (g) "Geothermal electricity" means the same as that term is defined in Section
1007     59-10-1014.
1008          (h) "Geothermal energy" means the same as that term is defined in Section 59-10-1014.
1009          (i) "Geothermal heat pump system" means the same as that term is defined in Section
1010     59-10-1014.
1011          (j) "Hydroenergy system" means the same as that term is defined in Section
1012     59-10-1014.
1013          (k) "Hydrogen production system" means the same as that term is defined in Section
1014     59-7-614.
1015          (l) "Office" means the Office of Energy Development created in Section 79-6-401.
1016          (m) "Passive solar system" means the same as that term is defined in Section
1017     59-10-1014.

1018          (n) "Principal recovery portion" means the same as that term is defined in Section
1019     59-10-1014.
1020          (o) "Wind system" means the same as that term is defined in Section 59-10-1014.
1021          (2) A claimant, estate, or trust may claim an energy system tax credit as provided in
1022     this section against a tax due under this chapter for a taxable year.
1023          (3) (a) Subject to the other provisions of this Subsection (3), a claimant, estate, or trust
1024     may claim a refundable tax credit under this Subsection (3) with respect to a commercial
1025     energy system if:
1026          (i) the commercial energy system does not use:
1027          (A) wind, geothermal electricity[, solar], or biomass equipment capable of producing a
1028     total of 660 or more kilowatts of electricity; or
1029          (B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
1030          (ii) the claimant, estate, or trust purchases or participates in the financing of the
1031     commercial energy system;
1032          (iii) (A) the commercial energy system supplies all or part of the energy required by
1033     commercial units owned or used by the claimant, estate, or trust; or
1034          (B) the claimant, estate, or trust sells all or part of the energy produced by the
1035     commercial energy system as a commercial enterprise;
1036          (iv) the claimant, estate, or trust has not claimed and will not claim a tax credit under
1037     Subsection (6) for hydrogen production using electricity for which the claimant, estate, or trust
1038     claims a tax credit under this Subsection (3); and
1039          (v) the claimant, estate, or trust obtains a written certification from the office in
1040     accordance with Subsection (7).
1041          (b) (i) Subject to Subsections (3)(b)(ii) through (iv), the tax credit is equal to 10% of
1042     the reasonable costs of the commercial energy system.
1043          (ii) A tax credit under this Subsection (3) may include installation costs.
1044          (iii) A claimant, estate, or trust is eligible to claim a tax credit under this Subsection (3)
1045     for the taxable year in which the commercial energy system is completed and placed in service.
1046          (iv) The total amount of tax credit a claimant, estate, or trust may claim under this
1047     Subsection (3) may not exceed $50,000 per commercial unit.
1048          (c) (i) Subject to Subsections (3)(c)(ii) and (iii), a claimant, estate, or trust that is a

1049     lessee of a commercial energy system installed on a commercial unit may claim a tax credit
1050     under this Subsection (3) if the claimant, estate, or trust confirms that the lessor irrevocably
1051     elects not to claim the tax credit.
1052          (ii) A claimant, estate, or trust described in Subsection (3)(c)(i) may claim as a tax
1053     credit under this Subsection (3) only the principal recovery portion of the lease payments.
1054          (iii) A claimant, estate, or trust described in Subsection (3)(c)(i) may claim a tax credit
1055     under this Subsection (3) for a period that does not exceed seven taxable years after the day on
1056     which the lease begins, as stated in the lease agreement.
1057          (4) (a) Subject to the other provisions of this Subsection (4), a claimant, estate, or trust
1058     may claim a refundable tax credit under this Subsection (4) with respect to a commercial
1059     energy system if:
1060          (i) the commercial energy system uses wind, geothermal electricity, or biomass
1061     equipment capable of producing a total of 660 or more kilowatts of electricity;
1062          (ii) (A) the commercial energy system supplies all or part of the energy required by
1063     commercial units owned or used by the claimant, estate, or trust; or
1064          (B) the claimant, estate, or trust sells all or part of the energy produced by the
1065     commercial energy system as a commercial enterprise;
1066          (iii) the claimant, estate, or trust has not claimed and will not claim a tax credit under
1067     Subsection (6) for hydrogen production using electricity for which the claimant, estate, or trust
1068     claims a tax credit under this Subsection (4); and
1069          (iv) the claimant, estate, or trust obtains a written certification from the office in
1070     accordance with Subsection (7).
1071          (b) (i) Subject to Subsection (4)(b)(ii), a tax credit under this Subsection (4) is equal to
1072     the product of:
1073          (A) 0.35 cents; and
1074          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
1075          (ii) A claimant, estate, or trust is eligible to claim a tax credit under this Subsection (4)
1076     for production occurring during a period of 48 months beginning with the month in which the
1077     commercial energy system is placed in commercial service.
1078          (c) A claimant, estate, or trust that is a lessee of a commercial energy system installed
1079     on a commercial unit may claim a tax credit under this Subsection (4) if the claimant, estate, or

1080     trust confirms that the lessor irrevocably elects not to claim the tax credit.
1081          (5) (a) Subject to the other provisions of this Subsection (5), a claimant, estate, or trust
1082     may claim a refundable tax credit as provided in this Subsection (5) if:
1083          (i) the claimant, estate, or trust owns a commercial energy system that uses solar
1084     equipment capable of producing a total of [660] 2,000 or more kilowatts of electricity;
1085          (ii) (A) the commercial energy system supplies all or part of the energy required by
1086     commercial units owned or used by the claimant, estate, or trust; or
1087          (B) the claimant, estate, or trust sells all or part of the energy produced by the
1088     commercial energy system as a commercial enterprise;
1089          (iii) the claimant, estate, or trust does not claim a tax credit under Subsection (3);
1090          (iv) the claimant, estate, or trust has not claimed and will not claim a tax credit under
1091     Subsection (6) for hydrogen production using electricity for which a taxpayer claims a tax
1092     credit under this Subsection (5); and
1093          (v) the claimant, estate, or trust obtains a written certification from the office in
1094     accordance with Subsection (7).
1095          (b) (i) Subject to Subsection (5)(b)(ii), a tax credit under this Subsection (5) is equal to
1096     the product of:
1097          (A) 0.35 cents; and
1098          (B) the kilowatt hours of electricity produced and used or sold during the taxable year.
1099          (ii) A claimant, estate, or trust is eligible to claim a tax credit under this Subsection (5)
1100     for production occurring during a period of 48 months beginning with the month in which the
1101     commercial energy system is placed in commercial service.
1102          (c) A claimant, estate, or trust that is a lessee of a commercial energy system installed
1103     on a commercial unit may claim a tax credit under this Subsection (5) if the claimant, estate, or
1104     trust confirms that the lessor irrevocably elects not to claim the tax credit.
1105          (6) (a) A claimant, estate, or trust may claim a refundable tax credit as provided in this
1106     Subsection (6) if:
1107          (i) the claimant, estate, or trust owns a hydrogen production system;
1108          (ii) the hydrogen production system is completed and placed in service on or after
1109     January 1, 2022;
1110          (iii) the claimant, estate, or trust sells as a commercial enterprise, or supplies for the

1111     claimant's, estate's, or trust's own use in commercial units, the hydrogen produced from the
1112     hydrogen production system;
1113          (iv) the claimant, estate, or trust has not claimed and will not claim a tax credit under
1114     Subsection (3), (4), or (5) for electricity used to meet the requirements of this Subsection (6);
1115     and
1116          (v) the claimant, estate, or trust obtains a written certification from the office in
1117     accordance with Subsection (7).
1118          (b) (i) Subject to Subsections (6)(b)(ii) and (iii), a tax credit under this Subsection (6)
1119     is equal to the product of:
1120          (A) $0.12; and
1121          (B) the number of kilograms of hydrogen produced during the taxable year.
1122          (ii) A claimant, estate, or trust may not receive a tax credit under this Subsection (6) for
1123     more than 5,600 metric tons of hydrogen per taxable year.
1124          (iii) A claimant, estate, or trust is eligible to claim a tax credit under this Subsection (6)
1125     for production occurring during a period of 48 months beginning with the month in which the
1126     hydrogen production system is placed in commercial service.
1127          (7) (a) Before a claimant, estate, or trust may claim a tax credit under this section, the
1128     claimant, estate, or trust shall obtain a written certification from the office.
1129          (b) The office shall issue a claimant, estate, or trust a written certification if the office
1130     determines that:
1131          (i) the claimant, estate, or trust meets the requirements of this section to receive a tax
1132     credit; and
1133          (ii) the commercial energy system or the hydrogen production system with respect to
1134     which the claimant, estate, or trust seeks to claim a tax credit:
1135          (A) has been completely installed;
1136          (B) is a viable system for saving or producing energy from renewable resources; and
1137          (C) is safe, reliable, efficient, and technically feasible to ensure that the commercial
1138     energy system or the hydrogen production system uses the state's renewable and nonrenewable
1139     resources in an appropriate and economic manner.
1140          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1141     office may make rules:

1142          (i) for determining whether a commercial energy system or a hydrogen production
1143     system meets the requirements of Subsection (7)(b)(ii); and
1144          (ii) for purposes of a tax credit under Subsection (3), establishing the reasonable costs
1145     of a commercial energy system, as an amount per unit of energy production.
1146          (d) A claimant, estate, or trust that obtains a written certification from the office shall
1147     retain the certification for the same time period a person is required to keep books and records
1148     under Section 59-1-1406.
1149          (e) The office shall submit to the commission an electronic list that includes:
1150          (i) the name and identifying information of each claimant, estate, or trust to which the
1151     office issues a written certification; and
1152          (ii) for each claimant, estate, or trust:
1153          (A) the amount of the tax credit listed on the written certification; and
1154          (B) the date the commercial energy system or the hydrogen production system was
1155     installed.
1156          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1157     commission may make rules to address the certification of a tax credit under this section.
1158          (9) A tax credit under this section is in addition to any tax credits provided under the
1159     laws or rules and regulations of the United States.
1160          [(10) A purchaser of one or more solar units that claims a tax credit under Section
1161     59-10-1024 for the purchase of the one or more solar units may not claim a tax credit under this
1162     section for that purchase.]
1163          Section 12. Section 63N-8-105 is amended to read:
1164          63N-8-105. Annual report.
1165          The office shall include the following information in the annual written report described
1166     in Section 63N-1a-306:
1167          (1) the office's success in attracting within-the-state production of television series,
1168     made-for-television movies, and motion pictures, including feature films and independent
1169     films;
1170          (2) the amount of incentive commitments made by the office under this part and the
1171     period of time over which the incentives will be paid; and
1172          (3) the economic impact on the state related to:

1173          (a) dollars left in the state; [and]
1174          (b) new state revenues generated by a motion picture company or a digital media
1175     company for each state-approved production; and
1176          [(b)] (c) providing motion picture incentives under this part.
1177          Section 13. Section 79-6-401 is amended to read:
1178          79-6-401. Office of Energy Development -- Creation -- Director -- Purpose --
1179     Rulemaking regarding confidential information -- Fees -- Transition for employees.
1180          (1) There is created an Office of Energy Development in the Department of Natural
1181     Resources.
1182          (2) (a) The energy advisor shall serve as the director of the office or, on or before June
1183     30, 2029, appoint a director of the office.
1184          (b) The director:
1185          (i) shall, if the energy advisor appoints a director under Subsection (2)(a), report to the
1186     energy advisor; and
1187          (ii) may appoint staff as funding within existing budgets allows.
1188          (c) The office may consolidate energy staff and functions existing in the state energy
1189     program.
1190          (3) The purposes of the office are to:
1191          (a) serve as the primary resource for advancing energy and mineral development in the
1192     state;
1193          (b) implement:
1194          (i) the state energy policy under Section 79-6-301; and
1195          (ii) the governor's energy and mineral development goals and objectives;
1196          (c) advance energy education, outreach, and research, including the creation of
1197     elementary, higher education, and technical college energy education programs;
1198          (d) promote energy and mineral development workforce initiatives; and
1199          (e) support collaborative research initiatives targeted at Utah-specific energy and
1200     mineral development.
1201          (4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
1202     Funds Procedures Act, the office may:
1203          (a) seek federal grants or loans;

1204          (b) seek to participate in federal programs; and
1205          (c) in accordance with applicable federal program guidelines, administer federally
1206     funded state energy programs.
1207          (5) The office shall perform the duties required by Sections 11-42a-106, 59-5-102,
1208     [59-7-614.7, 59-10-1029], and 63C-26-202, [Part 5, Alternative Energy Development Tax
1209     Credit Act,] and Part 6, High Cost Infrastructure Development Tax Credit Act.
1210          (6) (a) For purposes of administering this section, the office may make rules, by
1211     following Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to maintain as
1212     confidential, and not as a public record, information that the office receives from any source.
1213          (b) The office shall maintain information the office receives from any source at the
1214     level of confidentiality assigned by the source.
1215          (7) The office may charge application, filing, and processing fees in amounts
1216     determined by the office in accordance with Section 63J-1-504 as dedicated credits for
1217     performing office duties described in this part.
1218          (8) (a) An employee of the office is an at-will employee.
1219          (b) For an employee of the office on July 1, 2021, the employee shall have the same
1220     salary and benefit options the employee had when the office was part of the office of the
1221     governor.
1222          Section 14. Repealer.
1223          This bill repeals:
1224          Section 59-7-614.7, Nonrefundable alternative energy development tax credit.
1225          Section 59-10-1024, Nonrefundable tax credit for qualifying solar projects.
1226          Section 59-10-1025, Nonrefundable tax credit for investment in certain life science
1227     establishments.
1228          Section 59-10-1029, Nonrefundable alternative energy development tax credit.
1229          Section 63N-2-801, Title.
1230          Section 63N-2-802, Definitions.
1231          Section 63N-2-803, Tax credits issued by office.
1232          Section 63N-2-804, Person may not claim or pass through a tax credit without tax
1233     credit certificate.
1234          Section 63N-2-805, Application process.

1235          Section 63N-2-806, Criteria for tax credits.
1236          Section 63N-2-807, Rulemaking authority.
1237          Section 63N-2-808, Agreements between office and tax credit applicant and life
1238     science establishment -- Tax credit certificate.
1239          Section 63N-2-809, Issuance of tax credit certificates.
1240          Section 63N-2-810, Reports on tax credit certificates.
1241          Section 63N-2-811, Reports of tax credits.
1242          Section 79-6-501, Title.
1243          Section 79-6-502, Definitions.
1244          Section 79-6-503, Tax credits.
1245          Section 79-6-504, Qualifications for tax credit -- Procedure.
1246          Section 79-6-505, Report to the Legislature.
1247          Section 15. Effective date.
1248          (1) Except as provided in Subsections (2) and (3), this bill takes effect on January 1,
1249     2024.
1250          (2) The actions affecting the following sections take effect on May 3, 2023:
1251          (a) Section 59-7-159; and
1252          (b) Section 59-10-137.
1253          (3) The actions affecting the following sections take effect for a taxable year beginning
1254     on or after January 1, 2024:
1255          (a) Section 59-7-609;
1256          (b) Section 59-7-610;
1257          (c) Section 59-7-614;
1258          (d) Section 59-7-614.7;
1259          (e) Section 59-10-1002.2;
1260          (f) Section 59-10-1006;
1261          (g) Section 59-10-1007;
1262          (h) Section 59-10-1014;
1263          (i) Section 59-10-1024;
1264          (j) Section 59-10-1025;
1265          (k) Section 59-10-1029; and

1266          (l) Section 59-10-1106.