Bill Text: MI HB4927 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Michigan business tax; credit; tax incentive for construction or renovation of certain green buildings and for LEED accredited professionals; provide for. Amends 2007 PA 36 (MCL 208.1101 - 208.1601) by adding secs. 463 & 465.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-05-13 - Printed Bill Filed 05/13/2009 [HB4927 Detail]
Download: Michigan-2009-HB4927-Introduced.html
HOUSE BILL No. 4927
May 12, 2009, Introduced by Reps. Horn and Mayes and referred to the Committee on Energy and Technology.
A bill to amend 2007 PA 36, entitled
"Michigan business tax act,"
(MCL 208.1101 to 208.1601) by adding sections 463 and 465.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 463. (1) For tax years that begin on and after January 1,
2009, a taxpayer that constructs or renovates a qualified green
building, located in this state may claim a credit against the tax
imposed by this act equal to $50,000.00 for each qualified green
building or an amount equal to 50% of the cost of LEED
certification, including third-party commissioning, consulting, and
verification costs, as required under this section per qualified
green building, whichever is less.
(2) A taxpayer shall not claim a credit under this section for
a qualified green building unless that green building has received
LEED certification. The taxpayer shall attach the certificate to
the annual return filed under this act on which the credit under
this section is claimed. For a qualified green building, the
certificate required under this subsection shall state, at a
minimum, that the green building meets or exceeds the silver level
LEED certification standards for human and environmental health;
sustainable site development; water savings; energy efficiency;
materials selection; and indoor environmental quality within 365
days of the official certification date of the project.
(3) If the credit allowed under this section for the tax year
and any unused carryforward of the credit allowed by this section
exceed the taxpayer's tax liability for the tax year, that portion
that exceeds the tax liability for the tax year shall not be
refunded but may be carried forward to offset tax liability in
subsequent tax years for 4 years or until used up, whichever occurs
first.
(4) As used in this section:
(a) "LEED certification" means the certification awarded by
the USGBC based on the most current leadership in energy and
environmental design green building rating system developed and
adopted by the USGBC for new buildings and major renovations.
(b) "Qualified green building" means a green building
constructed or renovated in accordance with the Michigan building
code or the Michigan rehabilitation code for existing buildings as
promulgated pursuant to the Stille-DeRossett-Hale single state
construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.
(c) "USGBC" means the United States green building council,
which measures and evaluates the energy and environmental
performance of a building according to its own leadership in energy
and environmental design (LEED) rating system.
Sec. 465. (1) For tax years that begin on and after January 1,
2009, a taxpayer that is included in major groups 15, 16, or 17
under the standard industrial classification code as compiled by
the United States department of labor may claim a credit against
the tax imposed by this act equal to the sum of 50% of the
qualified expenses defined in subsection (3)(d)(i) and (ii) and 100%
of the qualified expenses defined in subsection (3)(d)(iii) paid by
the taxpayer during the tax year or $2,000.00 for each employee
that is a resident of this state and that becomes a LEED accredited
professional during the tax year, whichever is less.
(2) If the credit allowed under this section exceeds the tax
liability of the taxpayer under this act for the tax year, that
portion of the credit that exceeds the tax liability shall be
refunded.
(3) As used in this section:
(a) "Green advantage certification" means the certification
awarded by the USGBC requiring a basic knowledge of green
construction concepts, materials, and practices and passage of the
green advantage exam.
(b) "LEED accredited professional" means an individual that
has earned LEED certification or green advantage certification.
(c) "LEED certification" means the certification awarded by
the USGBC based on the most current leadership in energy and
environmental design green building rating system developed and
adopted by the USGBC for new buildings and major renovations.
(d) "Qualified expenses" means all of the following expenses
paid by the taxpayer during the tax year for training its employees
and assisting its employees to become LEED accredited
professionals:
(i) Salary and wages attributable to those employees seeking to
become LEED accredited professionals.
(ii) Fringe benefits and other payroll expenses attributable to
those employees seeking to become LEED accredited professionals.
(iii) Costs of classroom instruction, training, and other
related expenses identified as costs for which the taxpayer is
responsible under an agreement to assist the employee in obtaining
LEED certification or green advantage certification.
(e) "USGBC" means the United States green building council,
which measures and evaluates the energy and environmental
performance of a building according to its own leadership in energy
and environmental design (LEED) rating system.
