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March 2008: State Policy Bulletin (3)

State Energy Efficiency Policy Bulletin

March 2008

Newsletter Contents:

Guest Highlight

by Malcolm Wolf Director of Maryland Energy Administration

State Updates
Legislative updates from Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Iowa, Idaho, Illinois,Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia.


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Rhode Island

RI HB 7625: An Act Relating To Human Services – Child Care

Introduced, Referred to House Finance Committee 2/26/08

Would direct the Department of Human Services to provide a one-time reimbursement of $500 to residents who are caring for children subsidized by the department. The grant would be designated toward the improvement of energy efficiency in child care facilities or to help offset the increased costs of space heating in child care facilities.

RI HB 7377: An Act Relating to Public Officers and Employees

Introduced and Referred to House Environment and Natural Resources Committee 2/6/08

Would create a committee to study alternative methods for state employees to travel to work that would reduce their vehicle miles traveled.

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South Carolina

SC SB 1143/SC HB 4761

Referred to Committee on Finance

Would exempt from the sales and use tax the purchase of Energy Star certified appliances and certain water heaters during the months of October 2008 and April 2009.

SC SB 1141

Referred to Committee on Finance 2/21/08

Would put a limit on the sales tax that can be assessed on homes that have been Energy Star certified.

SC SB 1140

Referred to Committee on Agriculture and Natural Resources 2/21/08

Would require each state agency to set a goal of reducing energy consumption by at least 1% per year. Would require state agencies to purchase equipment that meets or exceeds Energy Star standards, and to replace all incandescent light bulbs with compact fluorescent light bulbs. Would require each state agency to set goals for the percentage of their energy that is generated by renewable sources.

SC SB 1076

Referred to Committee on Judiciary 2/06/08

Would create a non-profit entity called “Operation Empowered” to provide financial assistance to low-income households to implement energy-efficiency and conservation measures.

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South Dakota

SD HB 1319

Engrossed 2/6/08

Would create a State Government Energy Savings Subfund within the Energy Conservation Loan Special Revenue Fund. The subfund would make loans to state agencies and institutions for energy-saving capital improvements.

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Tennessee

TN SB 4039/TN HB 4039

Passed Second Consideration and Referred to Senate Education Committee 2/4/08

Would create an energy efficient schools council to award grants and loans to schools, and to conduct research, for the implementation of energy efficient technology in schools

TN SB 3975/TN HB 3879

Passed Second Consideration and Referred to the Senate Trans Committee 2/4/08

Would permit hybrid-electric vehicles to drive in HOV lanes.

TN SB 3481/TN HB 3481

Referred to Senate Tax Subcommittee 1/29/08

Would create a four-day period annually when appliances that are Energy Star certified are exempt from sales tax.

TN SB 3311/TN HB 3790

Passed Second Consideration and Referred to Senate State and Local Government Committee 1/23/08

Would require that providers of services, materials and equipment in state and local building contracts meet energy efficiency standards.

TN SB 3170/TN HB 3093

Referred to Senate Tax Subcommittee 1/29/08

Would exempt from sales tax all sales of Energy Star certified household appliances, certain renewable energy equipment and the installation of such equipment.

TN SB 3093/TN HB 2554

Passed Second Consideration, Referred to Senate Environment, Conservation and Tourism Committee

Would update the Tennessee Code to reflect the 2006 International Energy Conservation Code rather than the 2000 International Energy Conservation Code with 2002 amendments.

TN SB 3092/TN HB 2757

Passed Second Consideration and Referred to Senate Environment, Conservation and Tourism Committee 1/23/08

Would replace the 1992 edition of the Model Energy Code with the 2000 International Energy Conservation Code with 2002 amendments as the minimum requirement for energy use in new buildings.

TN SB 3053/TN HB 3823

Referred to Senate Tax Subcommittee 1/29/08

Would exempt from sales and use tax compact fluorescent lamps and compact fluorescent light bulbs that are Energy Star certified and purchased for household use.

TN SB 2872/HB 2815
- Engrossed by Senate 2/28/08
- Would clarify the responsibilities of the Department of Finance and Administration and the Department of General Services relating to energy efficiency.

TN SB 2716/TN HB 2794

Passed Second Consideration and Referred to Senate Trans Committee 2/14/08

Would permit alternative fuel and hybrid vehicles to drive in HOV lanes.

TN SB 2700/TN HB 3175

Referred to Senate Tax Subcommittee 1/29/08

Would exempt from the sales and use tax household appliances that have been awarded the Energy Star label, along with compact fluorescent lamps and light bulbs when purchased for household use.

TN SB 2671/TN HB 2895

Action Deferred in Senate Tax Subcommittee to Next Calendar

Would replace the $0.20 per ton tax on coal products with a tax of 4.5% of the gross values of the coal products. Would create the Tennessee Coal Severance Fund, the proceeds from which would go in part to programs for energy conservation.

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Utah

UT HB 199: Tax Credits for Energy Efficient Residences

Introduced 2/14/08

Would provide tax credits for newly constructed energy efficient residences and for the purchase of energy efficient retrofits to existing residences.

UT HB 198: State Agency Energy Efficiency

Introduced 2/11/08

Among other things, would create a revolving loan fund, known as the “State Facility Energy Efficiency Fund,” that would make loans to state agencies for energy efficiency measures.

UT HB 106: Clean Air and Efficiency Vehicle Tax Incentives

Amended 2/27/08

Would provide a tax credit of $750 for the purchase of new vehicles that meet fuel economy standards (31 miles per gallon for gas-fueled cars), and would newly include hybrid vehicles in such a tax credit.

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Virginia

VA SB 627: Commission on Climate Change; Report

Introduced 1/9/08

Would establish the Commission on Climate Change, which would develop a Climate Change Action Plan; Also establishes the High School Climate Change Leadership Awards Program to provide higher-education scholarships to students who demonstrate leadership in addressing climate change.

VA SB 317: Income Tax; Certified EarthCraft House tax credit

Introduced 1/9/08

Would entitle taxpayers who purchase and reside in a newly built house that is certified by the EarthCraft House Program to a tax credit of $500 for one year.

VA SB 280: Sales and Use Tax Exemption; Energy-Efficient Lightbulbs

Introduced 1/9/08

Would exempt from the sales and use tax all light bulbs that qualify for Energy Star certification.

VA SB 234: Greenhouse Gas Emissions; Mandatory Reporting

Introduced 1/9/08

Would require the adoption of regulations for the annual reporting and verification of emissions of greenhouse gases from large emitters; also establishes a program for the voluntary reporting of greenhouse gas reductions.

VA SB 174: Classification of Real Property; Energy-Efficient Buildings

Introduced 1/9/08

Would reclassify energy-efficient buildings for tax purposes as those that meet or exceed LEED, EarthCraft, or Energy Star standards, rather than as those that exceed by 30% the standards prescribed in the Virginia Uniform Statewide Building Code.

VA HB 1434: Retail Sales and Use Tax; Exemptions include Energy Star-rated light bulbs.

Introduced 1/14/08

Would exempt from the sales and use tax all light bulbs that meet or exceed Energy Star standards.

VA HB 1287: Electric Energy Conservation; SCC to Conduct Meeting to Establish Goals

Introduced 1/9/08

Would require the State Corporation Commission to conduct a proceeding to consider the establishment of electric energy conservation goals.

VA HB 1230: Greenhouse Gas Emissions; Mandatory Reporting thereof from Stationary Sources

Introduced 1/9/08

Would require the State Air Pollution Control Board to adopt regulations requiring significant emitters of greenhouse gasses who are already required to report air pollutant emissions to report annually their greenhouse gas emissions.

VA HB 1229: Sales and Use Tax; Energy Conservation Products Tax Holiday

Introduced 1/9/08

Would extend the exemption from sales and use taxes that applies to Energy Star products: to apply during two four-day periods per year instead of one; to apply to air-conditioning, natural gas, propane and fuel oil equipment; and to apply to WaterSense-qualified products as well.

VA HB 796: Commission on Climate Change

Introduced 1/9/08

Would establish the Commission on Climate Change for the purpose of developing a Climate Change Action Plan

VA HB 793: Greenhouse Gas Emissions; Secretary of Natural Resources to Develop Strategy to Reduce

Introduced 1/9/08

Would direct the Secretary of Natural Resources to report by 2009 on Virginia’s 2005 greenhouse gas emissions; Would direct the Secretary to produce a plan that could reduce greenhouse gas emissions by 30% of 2005 levels by 2025 and by 80% by 2050

VA HB 744: Income Tax, State; Deduction for Energy-Efficient Equipment

Introduced 1/9/08

Would create a tax deduction for 50% of the amount a taxpayer spent in a given year on energy-efficient equipment for his residence, up to $7,500

VA HB 732: Income Tax; Energy-Efficient Equipment Tax Credit

Introduced 1/9/08

Would create a tax credit for 25% of the amount a taxpayer spent in a given year on energy-efficient equipment for his residence, up to $7,500

VA HB 686: Retail Sales and Use Tax; Exemptions Include Energy Star-Rated Fluorescent Light Bulbs

Introduced 1/9/08

Would exempt from the sales and use tax compact fluorescent light bulbs that are designated as Energy Star

VA HB 676: Climate Change, Commission on; Created, Report

Introduced 1/9/08

Would create the Commission on Climate Change to study, report on and make recommendations to mitigate the risks of climate change, and to report on prospective greenhouse gas regulation.

VA HB 418: Uniform Statewide Building Code; Energy Efficiency Rating to be Included in Final Inspection

Introduced 1/9/08

Would direct the Board of Housing and Community Development to require the energy efficiency rating to be included in the Certificate of Occupancy issued for every residential dwelling pursuant to the Uniform Statewide Building Code.

VA HB 239: Real Estate Tax; Classification of Certain Energy-Efficient Buildings

Introduced 1/9/08

Would change the definition of an energy-efficient building, for the purposes of real-estate taxation, from a building that exceeds Virginia building code by 30% to one that meets or exceeds LEED, Energy Star or EarthCraft standards.

VA HB 219: Retail Sales and Use Tax; Energy Star Products Tax Holiday

Introduced 1/9/08

Would add a second annual four-day period during which Energy Star qualified products under $2,500 are exempt from sales and use taxes.

VA HB 171: Resources Authority; Authorized to Finance Local Government Energy Efficiency Projects

Introduced 1/9/08

Would give to the Virginia Resources Authority general authority to fund local energy efficiency products.

VA HB 162: Income Tax, State; Certified EarthCraft House Tax Credit

Introduced 1/9/08

Would create a one-time, $750 tax credit for a taxpayer who purchases and resides in a newly built house certified by the EarthCraft House Program.

VA HB 56: Retail Sales and Use Tax Exemption; Certain Energy-Efficient Products

Introduced 1/9/08

Would add a second annual four-day period during which Energy Star qualified products under $2,500 are exempt from sales and use taxes.

VA EO 59: Executive Order on the Governor's Commission on Climate Change

Executive Order 12/21/07

Established the Governor’s Commission on Climate Change and charged it with preparing a Climate Change Action Plan.

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Vermont

VT SB 350: Energy Independence and Economic Prosperity

Introduced 1/16/08

Would integrate energy efficiency measures into the activities and goals of many state departments. Would update transportation, land use and energy plans to reflect the need to reduce greenhouse gas emissions.

VT HB 793: Establishing the Vermont Carbon Offset Fund

Introduced 2/5/08

Would establish a voluntary carbon offset fund, to be administered by the department of public service.

VT HB 784: Energy Conservation in Public Schools

Introduced 2/1/08

Would create three programs to reduce energy consumption in state public schools, one of which would provide financial incentives to school districts for energy retrofits.

VT HB 718: High Performance School Design and Construction Standards

Introduced 1/29/08

Would make state financing for public school construction projects contingent on compliance with energy and environmental standards to be set by the commissioner of education, the department of public service and a new advisory committee.

VT HB 706: Establishing an Efficiency Utility for Space Heating

Introduced 1/25/08

Would create an energy efficiency utility for space heating purposes and require the development of an energy efficiency plan for space heating.

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Washington

WA SB 6929

Introduced 2/6/08; Referred to the Senate Committee on Early Learning and K-12 Education 2/6/08; passed with Amendments by the Senate Committee on Early Learning and K-12 Education 2/8/08; Referred to Senate Rules Committee 2/8/08

Would repeal, as of May 2011, a great amount of legislation pertaining to schools, including two provisions relating to high-performance public buildings.

WA SB 6923

Introduced 2/6/08

Would impose taxes on car owners in proportion to the fuel economy of their vehicles. Would direct the tax revenues to transportation programs that reduce the propensity of single-passenger driving.

WA SB 6822

Amended 2/12/08

Would establish benchmarks for the state to reduce per-capita vehicle miles traveled by 18% by 2020, by 30% by 2035 and by 50% by 2050. Would convene a collaborative process to establish methods for the achievement of these benchmarks.

WA SB 6746/WA HB 2847

Introduced 1/22/08

Would exclude the purchase of residential weatherization materials from some sales and use taxes.

WA SB 6679

Amended 2/7/08

Would direct the Department of Ecology to design a market-based cap and trade system. Would direct the department of community, trade, and economic development to design and implement a forestry carbon offset program.

WA SB 6605

Amended 2/8/08

Would create the Washington energy efficiency working training program to provide under-privileged youth and others with occupational skills training in energy-efficiency building, construction and retrofit industries.

WA SB 6580/ WA HB 2797

Engrossed 2/19/08

Would require the study, report and recommendation of measures that county and local governments can take to reduce greenhouse gas emissions through land use and building measures. Would establish a local government global warming mitigation and adaptation program.

WA SB 6516 /WA HB 2815

Passed by Senate, sent to Governor.

Would direct the development and implementation of a program to reduce the state’s greenhouse gas emissions according to certain benchmarks, culminating in reductions to 50% of 1990 levels by the year 2050.

WA SB 6515/WA HB 2888

Introduced 1/17/08

Would exempt from the sales and use tax purchases of performance-based contracted energy equipment and services and energy-management systems.

WA SB 6502

Engrossed 2/19/08

Would require all commercial, industrial and retail facilities, all office buildings and all state-funded public agency facilities to recycle mercury-added general purpose lights by 2010 or 2011.

WA SB 6484/HB 2889

Introduced 1/17/08

Would exclude from the rental car tax car sharing programs that meet certain requirements.

WA SB 6469/WA HB 2844

Amended 2/8/08

Would encourage, facilitate and recognize urban forestry initiatives in the state.

WA SB 6379/WA HB 2876

Introduced 1/16/08

Would exempt from a sales and use tax many energy-efficient products for residential and commercial use.

WA SB 6308

Engrossed 2/18/08

Would authorize a study to recommend a comprehensive program of climate change research, preparation and adaptation.

WA HB 3362

Introduced 2/11/08

Would provide a tax credit in an amount equal to the sales and use taxes on energy efficient commercial appliances bought by an individual in a given year.

WA HB 3154/WA SB 6822

Introduced 1/23/08

Mandates the Department of Transportation to adopt goals for the statewide reduction of vehicle miles traveled consistent with the goals of Executive Order 07-02, which would culminate in a reduction of vehicle miles traveled by 50% by the year 2050.

WA HB 3120/WA SB 6773

Amended 2/12/08

Would direct the department of community, trade and economic development to conduct a study on the feasibility and effectiveness of providing tax incentives to encourage green building in commercial and residential buildings.

WA HB 3105

Introduced 1/22/08

Would create the Washington State Department of energy.

WA HB 2801

Introduced 1/16/08

Would require the conduct of a study of: the estimated energy-efficiency gains as a result of the 2006 updates to the state energy code; and the feasibility of the state’s achieving zero net energy residential buildings by 2020 and zero net energy commercial buildings by 2030.

WA HB 2800

Amended 2/5/08

Would require all state-funded public agency facilities to recycle their fluorescent lamps by July 1, 2010.

WA HB 2758

Amended 2/1/08

Would add to the list of appliances and products to which the energy efficiency code applies.

WA HB 2703

Amended 2/7/08

Would increase the energy efficiency standards for lamps sold within the state. Would direct the Department of Ecology to convene a work group to consider and recommend the most effective methods by which to encourage the recycling of end-of-life general purpose lights.

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Wisconsin

WI SB 506

Introduced 2/19/08; Referred to Committee on Judiciary, Corrections, and Housing

Would create a tax credit for the purchase of energy-efficient products, including those that qualify for an Energy Star rating.

WI SB 421

Introduced 1/29/08; Referred to the Senate Committee on Environment and Natural Resources 1/29/08; Amendment offered 2/13/08

Would exempt from sales tax all Energy Star products priced under $1,500 for one week to coincide with the week of Earth Day.

WI SB 73

Introduced 2/27/07; Fiscal Note 3/20/07; Fiscal Note 2/5/08

Would create an income and franchise tax credit in an amount equal to the amount a person paid in the taxable year for items that either are energy efficient or have a minimal environmental impact and that are used to construct or operate a "green data center."

WI HB 725

Introduced 1/24/08; Referred to House Ways and Means Committee 1/24/08; Amended 2/4/08; Amended 2/14/08; Executive Action Taken 2/20/08

Would exempt from sales tax all Energy Star products priced under $1,500 for one week to coincide with the week of Earth Day.

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West Virginia

WV SB 487

Introduced 1/29/08

Would grant counties and municipalities the same authorization as state agencies currently have to enter into performance-based contracts with qualified providers of energy conservation measures for the purpose of significantly reducing the energy operating costs of agency-owned buildings. Would impose the same requirements and limitations as currently apply to agencies.

WV SB 474 - Creating limited sales tax holiday for certain Energy Star appliance purchases

Introduced 1/28/08; Passed with Amendments by the Senate Finance Committee 2/19/08; Passed by the Senate 2/22/08; Sent to House 2/24/08.

Would provide for a week in September 2008, and the full months of September in 2009 and 2010, during which no sales tax would be assessed on the purchase of qualifying Energy Star products.

WV SB 167: Authorizing municipalities to enter into energy-saving contracts

Introduced 1/10/08; Referred to Senate Finance Committee 1/31/08

Would grant municipalities the same authorization as state agencies currently have to enter into performance-based contracts with qualified providers of energy conservation measures for the purpose of significantly reducing the energy operating costs of agency-owned buildings. Would impose the same requirements and limitations as currently apply to agencies.

WV SB 11: Reducing state vehicles’ petroleum-based fuel consumption

Introduced 1/9/08; Referred to Senate Finance Committee 2/20/08

Would set goals for the state vehicle fleet for a reduction of petroleum use and an increase in the use of alternative fuels.

WV HB 4305: Providing an annual exemption from the consumers sales and service tax for purchases of certain energy efficient products

Introduced 1/28/08; Referred to House Finance Committee 1/28/08

Would provide for a week in September 2008 when no sales tax would be assessed on qualified Energy Star products whose price is less than $2,500.

WV HB 4133: Strengthening of vehicle emission standards

Introduced 1/23/08; Referred to the House Committee on Roads and Transportation 1/23/08

Would direct the Department of Environmental Protection to implement Phase II of the California Low Emission Vehicle Program beginning in the 2011 automobile year.

WV HB 4095: Create a commission to study the impact of global warming on the State of West Virginia

Introduced 1/21/08; Referred to House Agriculture and Natural Resources 1/21/08

Would establish a West Virginia Global Warming Impact Assessment Commission, which would study the effects and costs of global warming on West Virginia, and potential mitigation strategies.

WV HB 4028: Authorizing counties and municipalities to enter into contracts for energy savings

Introduced 1/11/08; Passed by House Judiciary Committee with Amendment 1/29/08; Passed by House 2/1/08; Sent to Senate 2/01/08

Would grant municipalities the same authorization as state agencies currently have to enter into performance-based contracts with qualified providers of energy conservation measures for the purpose of significantly reducing the energy operating costs of agency-owned buildings. Would impose the same requirements and limitations as currently apply to agencies, as well as time limitations on contracts.



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