Wyoming renewable energy policies.

2018
STATE OF WYOMING
18LSO-0270
Numbered
1.4

HOUSE BILL

NO.
HB0118

Wyoming renewable energy policies.

Sponsored by:
Representative(s) Crank, Brown, Hallinan and Madden and Senator(s) Hicks

A BILL

for

AN ACT relating to taxation of the production of electricity; expanding the tax on the production of electricity from resources in this state to include solar power systems; increasing the rate of the tax; providing for distribution of the tax; authorizing a tax credit for renewable energy equipment; providing a sunset date for the credit; providing rulemaking authority; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 39
‑
22
‑
101, 39
‑
22
‑
103
, 39
‑
22
‑
104,
39
‑
22
‑
105
(b)
, 39
‑
22
‑
107(a), 39
‑
22
‑
109 and
39
‑
22
‑
111
(a)(intro) and by creating a new subsection (b)
are amended to read:

CHAPTER 22
TAX UPON PRODUCTION OF ELECTRICITY FROM RENEWABLE RESOURCES

39
‑
22
‑
101
.

Definitions.

(a)

There are no specific applicable provisions for definitions for

As used in
this
chapter
:
.

(
i
)

"Generating facility" means one (1) or more wind turbines or solar power systems that
produce
electricity from wind or solar resources in this state;

(i
i
)

"Renewable energy equipment" means components used directly in a generating facility in this stat
e including photovo
l
taic cells and
support frames,
solar concentrators,
wind towers, wind turbine blades, wind turbine housing,
electrical components including motors,
turbines, motor control centers
,

wiring, conduit and connectors,
power poles and wiring support structures.
"Renewable energy equipment" shall not include the foundation necessary to install any generating facility or construction activities
related to the generating facility
including roads, rail spurs, power lines, staging areas and substations
.

39
‑
22
‑
103
.

Imposition.

There is levied an excise tax upon the privilege of producing electricity from
wind resources

a generating facility
in this state. The tax shall be
imposed upon the production of any electricity produced from wind resources for sale or trade on or after January 1, 2012, and shall be
paid by the person producing such electricity. The tax shall be imposed on each megawatt hour of electricity produced from
wind resources

a generating facility
at the point of interconnection with an electric transmission line.

39
‑
22
‑
104
.

Taxation rate.

(a)

The tax rate shall be

as follows:

(
i
)

O
ne dollar ($1.00) on each megawatt hour, or portion thereof, which is produced in this
state
;
.

and

(ii)

In addition to the tax under paragraph (i) of this subsection, one dollar ($1.00) on each megawatt hour, or portion thereof, which is produced in this state.

39
‑
22
‑
105
.

Exemptions.

(b)

Electricity produced from a
wind turbine

generating facility
shall not be subject to the tax imposed under this chapter until the date
three (3) years
one (1) year

after the
turbine

generating facility
first produced electricity for sale. After such date the production shall be subject to the tax, as provided by W.S. 39
‑
22
‑
103, regardless of whether production first commenced prior to or after
January 1, 2012

the effective date of this subsection
.

39
‑
22
‑
107
.

Compliance; collection procedures.

(a)

Returns and reports. Any person producing electricity from
wind resources within

a generating facility in
this state which is subject to the tax imposed by this chapter shall report the amount of megawatt hours produced in this state on or before February 1 of the year immediately following the year in which the electricity was produced.

39
‑
22
‑
109
.

Taxpayer remedies.

(a)

Except as provided in subsection (b) of this section, t
here are no specific applicable provisions for taxpayer remedies for this chapter.

(b)

Credits. The following shall apply:

(
i
)

The following shall apply to the
renewable
energy tax credit:

(A)

Renewable energy equipment that is manufactured and installed in this state shall be eligible for a credit against future tax payments equal to the cost
of the equipment. The cost of the equipment shall not include any amount related to the installation of the equipment;

(B)

To claim a credit under this paragraph, the taxpayer shall submit a request to the department on the return filed under W.S. 39
‑
22
‑
107 in the year immediately following the year in which the equipment was installed. The department shall establish rules to certify the value of the equipment and that the equipment was manufactured and installed in this state prior to authorizing any credit under this paragraph. Credit shall only be provided for equipment that is physically labeled as certified by the department. No credit shall be authorized for the replacement of renewable energy equipment if the equipment being replaced has any remaining credit under this paragraph
;

(C)

The credit under this paragraph shall not apply to any portion of the tax that is collected and distributed to a county as provided in W.S. 39
‑
22
‑
111(a)(
i
)
;

(D)

In no case shall any refund be due or payable if the amount of the credit claimed by any taxpayer exceeds the amount of the tax due under this chapter;

(E)

This paragraph is repealed December 31, 2030.

39
‑
22
‑
111
.

Distribution.

(a)

The proceeds from the tax imposed
by this chapter

under W.S. 39
‑
22
‑
104(a)(
i
)
shall be distributed by the department as follows:

(b)

The proceeds from the tax imposed under W.S. 39
‑
22
‑
104(a)(ii) shall be deposited in the state general fund.

Section 2
.

This act is effective
January
1, 201
9
.

(END)

1
HB0118