Bill Text: OR HB2437 | 2013 | Regular Session | Introduced

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Bill Title: Relating to tax credits for energy efficient homes; prescribing an effective date.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2437 Detail]

Download: Oregon-2013-HB2437-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 955

                         House Bill 2437

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Energy,
  Environment and Water)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows credit against income taxes for purchase of energy
efficient home.
  Applies to tax years beginning on or after January 1, 2013, and
before January 1, 2019.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to tax credits for energy efficient homes; and
  prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS chapter 315. + }
  SECTION 2.  { + (1) As used in this section and section 3 of
this 2013 Act:
  (a) 'Energy efficient home' means an owner-occupied single
family residential dwelling:
  (A) For which construction or renovation begins on or after
January 1, 2013, and before January 1, 2019;
  (B) For which an energy efficient home income tax credit has
not been previously claimed;
  (C) That has a HERS index rating of 50 or lower; and
  (D) That has been issued a certificate of occupancy.
  (b) 'HERS index' means a relative energy use index, where a
rating of 100 represents the energy use of a home built to a HERS
2004 International Energy Conservation Code reference building
design standard and a zero rating indicates that the home uses no
net purchased energy.
  (c) 'Homeowner' means a person who is the purchaser, owner and
occupant of an energy efficient home. 'Homeowner' does not
include the subsequent purchaser of an energy efficient home with
respect to which a credit under this section has been previously
claimed.
  (2) A taxpayer who is a homeowner shall be allowed a credit
against the taxes that are otherwise due under ORS chapter 316
for the purchase of an energy efficient home.
  (3) The tax credit allowed under this section shall be
calculated based on the HERS index rating of the energy efficient
home, as follows:

  (a) $4,000, if the HERS index rating is 50 or less, but more
than 25.
  (b) $6,000, if the HERS index rating of 25 or less, but more
than zero.
  (c) $8,000, if the HERS index rating is zero or less.
  (4) To be eligible for the credit allowed under this section,
the taxpayer shall provide to the Department of Revenue a
certificate of eligibility issued by the State Department of
Energy pursuant to section 3 of this 2013 Act and any other
information the Department of Revenue may require to determine
the amount of the tax credit for which the taxpayer is eligible.
  (5) A taxpayer may only claim the credit allowed under this
section for the tax year in which the energy efficient home is
purchased, and may not claim, in that tax year, a credit under
ORS 316.116 for an alternative energy device installed or
constructed in the same home.
  (6) A nonresident taxpayer is allowed the credit under this
section in the proportion provided in ORS 316.117.
  (7) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
  (8) If a change in the tax year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's tax year under ORS 314.440, the credit
allowed under this section shall be prorated or computed in a
manner consistent with ORS 314.085. + }
  SECTION 3.  { + (1) A taxpayer may apply to the State
Department of Energy for a certificate of eligibility for the
credit allowed under section 2 of this 2013 Act, after the
construction or renovation of the energy efficient home is
completed.
  (2) A taxpayer shall apply for a certificate of eligibility
within one year following the end of the calendar year in which
the energy efficient home is purchased. A taxpayer shall submit a
certificate of occupancy at the time the taxpayer applies for a
certificate of eligibility.
  (3) The department shall consider applications in the order
received. If the department determines that a taxpayer meets the
requirements of this section and section 2 of this 2013 Act and
that the home for which the tax credit application is made meets
the requirements of section 2 of this 2013 Act as an energy
efficient home, the department may issue a certificate of
eligibility to the taxpayer. The certificate shall include the
HERS index rating awarded to the energy efficient home and the
amount of the tax credit for which the taxpayer is eligible.
  (4) All certificates of eligibility issued pursuant to this
section shall be dated and shall be sequentially numbered, and an
account of all certificates issued or destroyed shall be
maintained by the department.
  (5) The taxpayer shall maintain any documents received by the
taxpayer in connection with the receipt of a tax credit under
section 2 of this 2013 Act, including documents in support of an
eligibility determination made pursuant to subsection (3) of this
section, in the records of the taxpayer for the length of time
prescribed by the Department of Revenue and shall provide a copy
of the documents to the Department of Revenue if requested.
  (6) The State Department of Energy shall establish by rule
standards and procedures for determining the eligibility of
taxpayers to claim the credit allowed under section 2 of this
2013 Act. The department may establish standards for determining
the HERS index rating of an energy efficient home for which an
application is submitted under this section. + }
  SECTION 4.  { + Sections 2 and 3 of this 2013 Act apply to tax
years beginning on or after January 1, 2013, and before January
1, 2019. + }
  SECTION 5.  { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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