75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2472
 
LC 2165/HB 2472-A36
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2472
 
               By COMMITTEE ON FINANCE AND REVENUE
 
                             June 18
 
  On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
insert '315.354,'.
  On page 5, delete lines 1 through 3 and insert:
  ' (a) $20 million, in the case of a facility, other than a wind
power system, that has an installed capacity of 15 megawatts or'.
  In lines 7 through 10, delete the boldfaced material and
restore the bracketed material.
  On page 7, delete lines 39 through 41 and insert:
  '  { +  SECTION 7. + } ORS 315.354 is amended to read:
  ' 315.354. (1) A credit is allowed against the taxes otherwise
due under ORS chapter 316 (or, if the taxpayer is a corporation,
under ORS chapter 317 or 318), based upon the certified cost of
the facility during the period for which that facility is
certified under ORS 469.185 to 469.225. The credit is allowed as
follows:
  ' (a) Except as provided in paragraph (b)   { - or (c) - }
 { + , (c) or (d) + } of this subsection, the credit allowed in
each of the first two tax years in which the credit is claimed
shall be 10 percent of the certified cost of the facility, but
may not exceed the tax liability of the taxpayer. The credit
allowed in each of the succeeding three years shall be five
percent of the certified cost, but may not exceed the tax
liability of the taxpayer.
  ' (b) If the certified cost of the facility does not exceed
$20,000, the total amount of the credit allowable under
subsection (4) of this section may be claimed in the first tax
year for which the credit may be claimed, but may not exceed the
tax liability of the taxpayer.
  ' (c)  { + The credit allowed in each of five succeeding tax
years shall be six percent of the certified cost of the facility,
but may not exceed the tax liability of the taxpayer, + } if the
facility { + :
  ' (A) + } Uses or produces renewable energy resources
 { - or - }  { +  and has an installed capacity of more than 15
megawatts; or
  ' (B) Is a wind system.
  ' (d) If the facility + } is a   { - renewable energy resource
equipment manufacturing - }  facility { +  described in
subsection (4)(a) of this section + }, the credit allowed in each
of five succeeding tax years shall be 10 percent of the certified
cost of the facility, but may not exceed the tax liability of the
taxpayer.
  ' (2) Notwithstanding subsection (1) of this section:
  ' (a) If the facility is one or more renewable energy resource
systems installed in a single-family dwelling, the amount of the
credit for each system shall be determined as if the facility was
considered a residential alternative energy device under ORS
316.116, but subject to the maximum credit amount under
subsection   { - (4)(b) - }   { + (4)(c) + } of this section;
 
  ' (b) If the facility is a high-performance home, the amount of
the credit shall equal the amount determined under paragraph (a)
of this subsection plus $3,000; and
  ' (c) If the facility is a high-performance home or a
homebuilder-installed renewable energy system, the total amount
of the credit may be claimed in the first tax year for which the
credit is claimed, but may not exceed the tax liability of the
taxpayer.
  ' (3) In order for a tax credit to be allowable under this
section:
  ' (a) The facility must be located in Oregon;
  ' (b) The facility must have received final certification from
the Director of the State Department of Energy under ORS 469.185
to 469.225; and
  ' (c) The taxpayer must be an eligible applicant under ORS
469.205 (1)(c).
  ' (4) The total amount of credit allowable to an eligible
taxpayer under this section may not exceed:
  ' (a) 50 percent of the certified cost of   { - a renewable
energy resources facility, - }  { + :
  ' (A) + } A renewable energy resource equipment manufacturing
facility   { - or a high-efficiency combined heat and power
facility - } ;  { +  or
  ' (B) A facility, other than a wind power system, that has an
installed capacity of 15 megawatts or less and that:
  ' (i) Uses or produces renewable energy resources; or
  ' (ii) Is a high-efficiency combined heat and power facility;
  ' (b) 30 percent of:
  ' (A) A renewable energy resources facility or a
high-efficiency combined heat and power facility other than those
described in paragraph (a) of this subsection; or
  ' (B) A wind system; + }
  '  { - (b) - }   { + (c) + } $9,000 per single-family dwelling
for homebuilder-installed renewable energy systems;
  '  { - (c) - }   { + (d) + } $12,000 per single-family dwelling
for homebuilder-installed renewable energy systems, if the
dwelling also constitutes a high-performance home; or
  '  { - (d) - }   { + (e) + } 35 percent of the certified cost
of any other facility.
  ' (5)(a) Upon any sale, termination of the lease or contract,
exchange or other disposition of the facility, notice thereof
shall be given to the Director of the State Department of Energy
who shall revoke the certificate covering the facility as of the
date of such disposition. The new owner, or upon re-leasing of
the facility, the new lessor, may apply for a new certificate
under ORS 469.215, but the tax credit available to the new owner
shall be limited to the amount of credit not claimed by the
former owner or, for a new lessor, the amount of credit not
claimed by the lessor under all previous leases.
  ' (b) The State Department of Energy may not revoke the
certificate covering a facility under paragraph (a) of this
subsection if the tax credit associated with the facility has
been transferred to a taxpayer who is an eligible applicant under
ORS 469.205 (1)(c)(A).
  ' (6) Any tax credit otherwise allowable under this section
that is not used by the taxpayer in a particular year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
that next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise, any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and likewise, any credit
not used in that third succeeding tax year may be carried forward
and used in the fourth succeeding tax year, and likewise, any
credit not used in that fourth succeeding tax year may be carried
forward and used in the fifth succeeding tax year, and likewise,
any credit not used in that fifth succeeding tax year may be
carried forward and used in the sixth succeeding tax year, and
likewise, any credit not used in that sixth succeeding tax year
may be carried forward and used in the seventh succeeding tax
year, and likewise, any credit not used in that seventh
succeeding tax year may be carried forward and used in the eighth
succeeding tax year, but may not be carried forward for any tax
year thereafter.  Credits may be carried forward to and used in a
tax year beyond the years specified in subsection (1) of this
section only as provided in this subsection.
  ' (7) The credit provided by this section is not in lieu of any
depreciation or amortization deduction for the facility to which
the taxpayer otherwise may be entitled for purposes of ORS
chapter 316, 317 or 318 for such year.
  ' (8) The taxpayer's adjusted basis for determining gain or
loss may not be decreased by any tax credits allowed under this
section.
  ' (9) If a homebuilder claims a credit under this section with
respect to a homebuilder-installed renewable energy system or a
high-performance home:
  ' (a) The homebuilder may not claim credits for both a
homebuilder-installed renewable energy system and a
high-performance home with respect to the same dwelling;
  ' (b) The homebuilder must inform the buyer of the dwelling
that the homebuilder is claiming a tax credit under this section
with respect to the dwelling; and
  ' (c) The buyer of the dwelling may not claim a credit under
this section that is based on any facility for which the
homebuilder has already claimed a credit.
  ' (10) The definitions in ORS 469.185 apply to this section.
  '  { +  SECTION 8. + }  { + Section 2 of this 2009 Act, the
amendments to ORS 469.185, 469.215 and 469.225 by sections 3, 5
and 6 of this 2009 Act and ORS 469.200 (4) apply to preliminary
certifications issued under ORS 469.210 on or after June 1,
2009. + }
  '  { +  SECTION 9. + }  { + The amendments to ORS 315.354 and
469.200 (1) by sections 4 and 7 of this 2009 Act apply to
completed applications for preliminary certification received on
or after July 1, 2009. + } ' .
  In line 42, delete '8' and insert '10'.
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