AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.

Plain English Breakdown

The official source material does not provide specific details on how many businesses will be affected or what other impacts this exclusion might have, leaving some uncertainty.

Act to Change Business Tax Credits

This act changes Delaware's laws about business tax credits by excluding large energy use facilities from being eligible for certain tax benefits.

What This Bill Does

• Excludes facilities that use or can use 30 megawatts or more of electricity from getting tax credits and license fee reductions.

Who It Names or Affects

• Businesses with large energy use facilities in Delaware
• Taxpayers who own or operate such facilities

Terms To Know

Large energy use facility

A place that uses or can use at least 30 megawatts of electricity and is mainly involved in providing a specific service.

Qualified facility

A business property that meets certain criteria to receive tax benefits for creating jobs and investing in the state, excluding large energy use facilities.

Limits and Unknowns

• The bill does not specify how many businesses will be affected by this change.
• It is unclear what other impacts this exclusion might have on energy use facilities or the economy.

Official Summary Text

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.
This Act excludes large energy use facilities from the definition of a qualified facility for purposes of determining eligibility for a tax credit or license fee reduction for the creation of employment and qualified investment in business facilities.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Heffernan & Rep. Minor-Brown & Rep. Harris & Sen. Hansen

Reps. Burns, Gorman, K. Johnson, Morrison, Romer, Snyder-Hall; Sens. Sokola, Lockman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 310

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2010, Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 2010. Definitions.

As used in this subchapter and in subchapters III, V and VIII of this chapter:

(1) “Large energy use facility” means a facility that uses or is able to use 30 megawatts or more and is primarily engaged in providing a service described under code 518210 of the 2022 North American Industry Classification System.

(1)

(2)

“Qualified facility” is any qualified property

that is not a large energy use facility

located within this State that constitutes a new facility or an expanded facility and that is used by the taxpayer in or in connection with a qualified activity.

SYNOPSIS

This Act excludes large energy use facilities from the definition of a qualified facility for purposes of determining eligibility for a tax credit or license fee reduction for the creation of employment and qualified investment in business facilities.