NBSIR 76-1082

A Survey of State Legislation

Relating to Solar Energy

Robert M. Eisenhard

Office of Building Standards and Codes Services and

Office of Housing and Building Technology

Center for Building Technology

Institute for Applied Technology

National Bureau of Standards

Washington, D. C. 20234

April 1976

Prepared for

Energy Research and Development Administration

Division of Solar Energy

Washington, D. C. 20545

and

Department of Housing and Urban Development

Division of Energy, Building Technology and Standards

Washington, D. C. 20410

NBSIR 76-1082

A SURVEY OF STATE LEGISLATION

RELATING TO SOLAR ENERGY

Robert M. Eisenhard

Office of Building Standards and Codes Services and

Office of Housing and Building Technology

Center for Building Technology

Institute for Applied Technology

National Bureau of Standards

Washington, D. C. 20234

April 1976

Prepared for

Energy Research and Development Administration

Division of Solar Energy

Washington, D. C. 20545

and

Department of Housing and Urban Development

Division of Energy, Building Technology and Standards

Washington, D. C. 20410

U.S. DEPARTMENT OF COMMERCE. Elliot L. Richardson. Secretary

Dr. Batty Ancfcer^Johnson. Assistant Secretary for Science end Technology

NATIONAL BUREAU OF STANDARDS. Ernest Ambler. Acting Director

**** * \ / V \

Abstract

This report reviews enacted State legislation dealing with

solar energy. Acts involving tax incentives, reduced property

assessments, research and development, solar easements and solar

energy promotion are identified and abstracted. The responsible

State agency and official are listed. Acts and supporting forms

and other information are included as appendices.

Keywords: Architecture; buildings; design; energy; legislation;

solar; State

ii
TABLE OF CONTENTS

Page

Abstract ii

1. Introduction 1

2. Overview 2

3. State Legislation Review 3

Figure 1 States with Acts Providing Property Tax Incentives

for Use of Solar Energy in Buildings 5

Figure 2 States with Acts Providing for Income or Sales Tax

Incentives for Use of Solar Energy and Other Solar

Considerations 6

Figure 3 States with Acts Providing Support of Research,

Development, Promotion, or Investigation of Solar

Energy 7

Bibliography 41

Appendix « 43

A State Forms, Instructions, Data

B State Legislation
1. Introduction

The Energy Reorganization Act of 1974,— which created the Energy Research

and Development Administration (ERDA) , states "The responsibilities of the

Administrator—' shall include . . . encouraging and conducting research and

development including demonstration of commercial feasibility and practical

applications of . . . solar . . . energy sources," and "... encouraging

and conducting research and development in clean and renewable energy sources."

The National Program for Solar Heating and Cooling ,3/ developed by an Interagency

Task Force chaired by the Energy Research and Development Administration

and responsive to the public laws passed by the Congress,hJ recognizes that

the "increased first costs of solar heating and cooling equipment may result

in increased assessments and higher taxes." It also notes that "public

policy . . . may wish to encourage the use of solar energy to reduce the need

for other fuels." In 1974 and 1975, many States introduced bills dealing

with various phases of solar energy activity as it relateds to buildings .A'

These bills included tax incentives, building codes, easements and zoning,

and State funding of research, development and promotional activities. The

National Program for Solar Heating and Cooling calls for the development of

Intermediate Minimum Property Standards and Definitive Performance criteria.—'

As part of a program for the development of these standards and performance

criteria, a State legislation survey of enacted State bills and subsequent

State action was conducted to ensure that the results of State activities were

incorporated in the Federal Standards development program.

1/ Section 103 Public Law 93-438, October 11, 1974.

2/ "Administrator" means the Administrator of the Energy Research and

Development Administration (ERDA)

.

3/ "National Program for Solar Heating and Cooling (Residential and

Commercial Applications)", ERDA-23A, Energy Research & Development

Administration, October 1975.

47 The laws are

:

-Solar Heating and Cooling Demonstration Act of 1974, P.L. 93-409 . September 3, 1974.

-Energy Reorganization Act of 1974, P.L. 93-438, October 11, 1974.

-Solar Energy Research, Development, and Demonstration Act of 1974,

P.L. 93-473, October 26, 1974.

-Federal Nonnuclear Energy Research and Development Act of 19 74,

P.L. 93-577, December 31, 1974.

5/ For a summary of all building energy related bills considered in 1975,

see Eisenhard, Robert. M. , National Bureau of Standards, "Building

Energy Authority and Regulations Survey: State Activity", NBSIR 76-986,

March 19 76.

6/ Tasks B.3 and B.4 of Residential and Commercial Demonstration Programs,

ERDA-23A, October 1975.

1
2. Overview

In 1975, over 120 State legislative proposals dealing with the application

of solar energy to buildings were introduced in the United States.

Approximately one sixth of these proposals were enacted. It is expected

that some of these remaining will be reintroduced in 1976 and those on

which no final action was taken will be considered further. This legislation dealt with diverse subjects, although most provided a monetary

incentive for the conversion to or initial use of, solar energy devices

or systems to provide building heating, cooling or hot water. This

incentive was to be provided by a reduced property assessment, an income

tax reduction, or in sales, use or corporate tax exemption. Other bills

authorized building code provisions or standards, research and development,

State building uses of solar energy, easements or zoning requirements,

and State solar energy centers.

This report provides detailed information on 34 bills enacted by several

States in 1974 and 1975. A number of Acts relating to solar energy were

reported in publications which are listed in the bibliography on page 41

of this report. State reference services and various responsible State

agencies were contacted by letter and telephone to gain additional

information. Copies of forms, informational documentation and/or standards

that would enable implementation of the State Acts were requested. No

standards development was reported.

The report is arranged to provide specific information on each Act in

the report, with supporting forms, instructions or other data in Appendix A

and the complete legislation or pertinent pages of the legislation included

in Appendix B. In each case, the material is presented in alphabetical

order by State.

Figures 1, 2 and 3 provide an overview of State activity regarding solar

energy. Ten States (Figure 1) have Acts to provide a property tax incentive for the installation and use of solar devices:

Arizona SB 1231

Colorado SB 75

Illinois HB 164

Indiana SB 223

Maryland HB 1604

Montana HB 663

New Hampshire HB 479

North Dakota SB 2439

Oregon HB 2202

South Dakota SB 283

The property tax incentive in four Acts provides that the assessment of

property equipped with the solar system or device will not be increased,

i.e., the solar equipment is exempt. Acts in this category are: Arizona

SB 1231, Oregon HB 2202, Montana HB 663 and North Dakota SB 2439. Two

State Acts provide that a reduction of assessment relating to the solar

system may be made for up to $2,000. These are Indiana SB 223 and

South Dakota SB 283. Maryland HB 1604 and Illinois HB 164 allow for

assessment of the solar system as if the cost of the system were the

same as a conventional system. New Hampshire HB 479 allows towns and

cities to exempt solar systems with the amount and manner of exemption

to be determined by the town. Colorado SB 75 sets the assessed value of

2
Hawaii Page

SB 1586 18

Illinois

HB 164 19

Indiana

SB 223 20

Iowa

SF 289 21

Maine

SP 549 22

Maryland

HB 1604 23

Michigan

HR 129 24

Montana

SB 86 25

HB 663 26

Nevada

SB 552 27

New Hampshire

HB 479 28

New Mexico Page

SB 1 29

SB 120 30

HB 395 3i

New York

AB 8620 32

North Carolina

SB 375 33

North Dakota

SB 2439 34

Ohio

Amended Substitute

HB 584 i35

Oregon

HB 2036 36

HB 2202 37

South Dakota

SB 283 38

Texas

HB 546 39

Virginia

HB 1809

Key to Legislative Abbreviations

SB - Senate Bill

HB - House Bill

AB - Assembly Bill

SF - Senate File

SP - Senate Paper

HR - House Resolution

Definitions :

A bill is a form or draft of a proposed statute presented to a

legislature. Bills may be proposed in any body of the legislature,

such as the Senate, House or Assembly. A bill is termed a "House

Bill" or "Senate Bill" depending on the legislative body which

originally proposed the statute. The term, Assembly, is equivalent

to the term, House. Some states use the terms, files and papers,

which are equivalent to bills. A resolution effects the operation

of the legislative body and if passed, does not become law, but is

published in an appropriate document.

4
the solar device at 5% of the actual value. The Arizona and Oregon bills

provide the tax incentive for ten years while in South Dakota and

North Dakota the time limit is five years.

Two States (Figure 2) provide income tax incentives for solar device use:

Arizona SB 1231 and SB 1011; and New Mexico SB 1. A sales tax incentive

is provided by Texas HB 546. Solar easements or zoning considerations are

addressed in Colorado SB 95 and Oregon HB 2036.

New Mexico HB 395 requires the consideration of solar systems for new

State building construction or major alterations of buildings that are

State financed. Florida SB 158 requires that new single family residences

provide plumbing system accessibility for future addition of solar water

heating devices.

Sixteen Acts of 15 States (Figure 3) provide for State support for solar

energy research and development and the promotion of solar energy activities

or solar investigations. These States are:

Arizona SB 1018

California AB 1575

Colorado SB 50

Florida SB 721

Hawaii SB 1586

Iowa SB 289

Maine SP 447

Michigan HR 129

Montana SB 86

Nevada SB 552

New Mexico SB 120 and SB 185

New York AB 8620

North Carolina HB 375

Ohio HB 584

Virginia HB 1809

In 1975, the solar energy activity and interest observed at the State

level was equal to approximately one half of all the bills on building

energy that were considered. It can be expected that 1976 will see

continued concern for the encouragement of solar energy development as

an alternative to fossil fuels.

3. State Legislation Review

Data for each Act includes approval and effective date, a brief abstract

and the legal citation. To allow future access to detailed information on

program development relating to these State acts, the State agency and name

of the State official were determined and listed. Additional information

pertaining to these Acts , the agency involved or related activities is

also noted.

Arizona Page Colorado Page

SB 1011 ... 9 SB 50 .... 13

SB 1018 ... 10 SB 75 .... 14

SB 1231 ... 11 SB 95 .... 15

California Florida

AB 1575 ... 12 SB 158 ... 16

SB 721 ... 17

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ARIZONA

SB 1011

Chapter 93

Approval Date: May 22, 1975

Effective Date: September 12, 1975

ABSTRACT

This Act provides for amortizing the cost of solar energy devices over

sixty months as a deduction in computing net income. It applies to

the installation and use of solar energy devices in residential, commercial,

industrial or governmental installations, or in experimental or demonstration

projects

.

LEGAL CITATION

Section 43-123.37 of the Arizona Revised Statutes is amended.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Neal Trasente, Director

Department of Revenue

Capitol Building - West Wing

Phoenix, Arizona 85007

(602) 271-3393

FORMS OR OTHER DOCUMENTS

None.

ADDITIONAL INFORMATION

This Act extends authority for a tax deduction to all types of buildings.

Residential buildings were previously covered under SB 1231, Chapter 165 of

the 1974 Laws.

Although no standards or technical requirements have been determined for solar

hardware, Arizona does have license requirements for individuals installing

the equipment through the State Registrar of Contractors.

9
ARIZONA

SB 1018

Chapter 20

Approval Date: May 8, 1975

Effective Date: May 8, 1975

ABSTRACT

This Act establishes a Solar Energy Research Commission and provides for

the appointment of the Commission's Executive Director by the Governor.

The Director is responsible for: (1) initiating and developing a systematic

plan designed to meet all of the requirements of the National Solar

Energy Research Institute: (2) cooperating with all Federal agenceies with

respect to solar energy research; (3) collecting, assemblying and analyzing

information and data relating to solar energy technology and legislation;

and, (4) recommending an organizational structure for the Institute that

will provide the functional properties necessary to execute the development

of research requirements and programs.

LEGAL CITATION

Title 41, Chapter 3, Article 6, Arizona Revised Statutes is repealed.

Title 41, Chapter 3, Arizona Revised Statutes, is amended by adding a new

Article 6.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Dr. Robert M. Handy

Executive Director

Solar Energy Research Commission

1645 West Jefferson Room 435

Phoenix, Arizona 85007

(602) 271-3682

FORMS OR OTHER DOCUMENTS

Copies of Memorandum submitted to the Governor are available.

ADDITIONAL INFORMATION

Commission projects include efforts to locate the National Solar Energy Research

Institute in Arizona, initiating of a technical marketing activity for solar

development and commercialization, developing a load management and solar

integration study, establishing a feasibility study on solar heating and

cooling of four State buildings, conducting a climatological survey, and

providing for a solar irrigation pump contest.

The Commission consists of 15 appointed and two Ex Officio members.

10
ARIZONA

SB 1231

Chapter 165 of 1974 Laws

Approval Date: May 15, 1974

Effective Date: January 1, 1974

ABSTRACT

This Act provides tax incentives for the installation of solar energy equipment

in new and existing housing. Provides that residents who purchase solar energy

equipment for their homes will not be assessed for the increased value of the

dwelling as a result of that improvement and will be allowed to amortize the

cost of the solar energy equipment over 60 months for purposes of reporting

income for Arizona State taxes. The deduction is taken in lieu of depreciation.

LEGAL CITATION

Amending Title 42, Chapter 1, Article 2, Arizona Revised Statutes by adding

Section 42-123.01, and amending Title 43, Chapter 1, Article, Arizona

Revised Statutes by adding Section 43-123.37.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Neal Trasente, Director

Department of Revenue

Capitol Building - West Wing

Phoenix, Arizona 85007

(602) 271-3393

FORMS OR OTHER DOCUMENTS

None.

ADDITIONAL INFORMATION

For additional information call:

Income and Withholding Taxes or Property and Special Taxes

(602) 271-4561 " (602) 271-5238

11
CALIFORNIA

AB 1575

Chapter 276 Laws of 1974

Approval Date: May 21, 1974

Effective Date: January 7, 1975

ABSTRACT

This Act establishes the authority for a comprehensive energy program including

research into and development of alternative sources of energy. Accelerated

development of solar energy resources is specifically included (Chapter 7

25600 (c)).

LEGAL CITATION

This Act amends Section 21100 and adds Division 15 to the Public Resources

Code and repeals Chapter 11 (commencing with Section 19870) of Part 3 of

Division 13 of the Health and Safety Code.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Richard L. Maullin, Chairman

Energy Resources Conservation and Development Commission

1111 Howe Avenue

Sacramento, California 95825

(916) 322-3690

FORMS OR OTHER DOCUMENTS

(see below)

ADDITIONAL INFORMATION

Informational mailings on Commission activities may be obtained from

Mary Ann Miller, Secretary of the Commission at the above address.

Phone (916) 322-4527

Robert Foster is Chief, Conservation Division (916) 322-4520

Alec Jenkins, Acting Chief, Alternate Energy Resources and Technology Office

(916) 322-6316

12
COLORADO

SB 50

Chapter 95 Laws of 1974

Approval Date: May 8, 1974

Effective Date: May 8, 1974

ABSTRACT

This Act creates the Energy Research Institute at the Colorado School of

Mines. The appropriation for 1974-1975 was $910,000. The Institute is

intended to serve as a mechanism for the development and coordination of

energy and energy-related minerals research programs . It is also intended

to enhance the development of related educational programs in the State.

An advisory council to establish guidelines and regularly evaluate the

development of the Institute is established.

LEGAL CITATION

Article 9 of Chapter 124, Colorado Revised Statutes 1963, as amended, is

amended by the addition of the following new sections: 124-9-19, 124-9-20.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Thomas J. Vogenthaler, Director

Energy Research Institute

P. 0. 366

Golden, Colorado 80401

(303) 279-2881

FORMS OR OTHER DOCUMENTS

None.

ADDITIONAL INFORMATION

The Energy Research Institute awarded $126,000 to ten solar energy projects.

The Institute also received $27,800 from the Governor's Office to develop

Colorado's proposal for location of the Federal Solar Energy Research

Institute in Colorado.

13
COLORADO

SB 75

Chapter 344 Laws of 1975

Approval Date: July 14, 1975

Effective Date: July 1, 1975

ABSTRACT

This Act provides that all solar heating, hot water and cooling devices

attached to or part of any building improvement shall be assessed at five

percent of the actual value, as determined by the assessor.

LEGAL CITATION

This Act adds a new Subsection (6) to 39-1-104; Colorado Revised Statutes

1973, and amends 39-5-105,

RESPONSIBLE STATE AGENCY AND OFFICIAL

Raymond E. Carper

Property Tax Administrator

Colorado Division of Property Taxation

614 Capitol Annex

Denver, Colorado 80203

(303) 892-2371

in cooperation with 63 Count-17 Assessors.

FORMS OR OTHER DOCUMENTS

Solar Heating or Cooling Devices, Form CST 510 11-75.

There is also an instruction sheet for completion of the form.

ADDITIONAL INFORMATION

SB 75 applies to tax years beginning January 1, 1976.

Correspondence with the Colorado Division of Housing indicates "that local

building departments throughout the State are attempting to accommodate

proposed solar systems and devices within the context of existing building

codes

.

11

14
COLORADO

SB 95

Chapter 326 Laws of 1975

Approval Date: July 18, 1975

Effective Date: July 18, 1975

ABSTRACT

This Act provides for the creation, conveyance and recordation of solar

easements. It describes such instrument to include, but not be limited

to: (1) verticle and horizontal angles, expressed in degrees at which the

solar easement extends over the real property; (2) terms or conditions under

which the easement is granted or will be terminated; and, (3) provisions for

compensation in event of interference with the easement or compensation for

the easement.

LEGAL CITATION

Title 38, Colorado Revised Statutes 1973, as amended, is amended by the

addition of Article 32.5, Solar Easements.

RESPONSIBLE STATE AGENCY AND OFFICIAL

The responsibility for this Act rests with the State's 63 county clerks and

recorders

.

FORMS OR OTHER DOCUMENTS

None.

15
FLORIDA

SB 158

Chapter 74-361 Section 553.87 of the Florida Statutes

Approval Date: July 1, 1974

Effective Date: October 1, 1974

ABSTRACT

This Act provides that no single family residence shall be constructed in

the State unless the plumbing is designed to facilitate the future installation

of solar water heating equipment.

LEGAL CITATION

Section 553.70 - 553.87 of the Florida Statutes (cited as the "Florida Building

Codes Act of 1974") includes the following as 553.87: "Single-family residences;

solar water heating requirements. Notwithstanding the provisions of ss 553.12

and 553.13, no single-family residence shall be constructed within the State

unless the plumbing therein is designed to facilitate the future installation of

solar water-heating equipment. The words 'facilitate the future installation'

as used in this section shall mean the provision of readily accessible piping

to allow for pipe fittings that will allow easy future connection into the

system of solar water-heating equipment. It is the intent of the legislature

to minimize cost of rearranging plumbing should solar water heaters be added

to buildings

.

11

RESPONSIBLE STATE AGENCY AND OFFICIAL

John H. Has lam, Chief

Bureau of Codes and Standards

Department of Community Affairs

2571 Executive Center Circle, East

Tallahassee, Florida 32301

(904) 488-3581

FORMS OR OTHER DOCUMENTS

None.

ADDITIONAL INFORMATION

The Chief of the Bureau of Codes and Standards states in a letter dated

January 5, 1976, " . . .we feel the following to be one method that satisfies

the intent. Tee fittings can be installed in both the inlet and outlet piping

of the hot water heater as close to the heater as practical. Then short nipples

can be added to the branch of each of the tees and these nipples capped. The

caps are easily removed when it is desired to connect solar water-heating

equipment in the future."

16
FLORIDA

SB 721

Chapter 74-185

Approval Date: June 17, 1974

Effective Date: July 1, 1974

ABSTRACT

This Act requires the Board of Regents of the State University System to

develop a plan for a Solar Energy Center. The purpose of the Center is to

promote solar energy research and development, disseminate information and

demonstrate solar systems' capabilities. The Center's program includes

the development of test methods for testing solar equipment and the

development of standards, as required.

LEGAL CITATION

None.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Dr. Howard P. Harrenstein

Director

Florida Solar Energy Center

300 State Road 401

Cape Canaveral, Florida 32920

(305) 783-0300

FORMS OR OTHER DOCUMENTS

An organizational chart and a review of the Center's activities can be

obtained from the Center.

ADDITIONAL INFORMATION

The Solar Energy Center plans were approved in 1975, and the Center became

operative in June 1975. The legislature appropriated $1 million for its

operation. As of January 1, 1976, the Center's personnel numbered 28.

A test facility for flat plate solar energy collectors with supporting instrumentation and data processing is being constructed by the Center.

HB 776, prefiled for the 1976 session, directs the Florida Solar Energy Center

to set standards for solar energy systems manufactured or sold in the State.

17
HAWAII

SB 1586

Act 195-75

Approval Date: June 2, 1975

Effective Date: July 1, 1975

ABSTRACT

This Act provides $1,787,000 over two fiscal years for the development and

utilization of alternate energy sources.

LEGAL CITATION

Part V, Section 89, Economic Development, of the State Budget.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Dr. Eugene M. Grabbe

Alternate Energy Director

Department of Planning and Economic Development

250 S. King Street

Honolulu, Hawaii 96813

(808) 548-6914

FORMS OR OTHER DOCUMENTS

"Alternate Energy Sources for Hawaii - 1975," and "Hawaii and Energy" (a broch

are published by the Department of Planning and Economic Development.

ADDITIONAL INFORMATION

Funding will go to the Hawaii Natural Energy Institute, the Hawaii Natural

Energy Laboratory, the University of Hawaii, and other State and private

agencies. Solar water heating and air conditioning research funding is

$200,000 for the two fiscal years.

Approximately 50% of the total funding is from the State general funds and

the remainder is from general obligation bond funds.

18
ILLINOIS

HB 164

Public Act 79-943

Approval Date: September 11, 1975

Effective Date: October 1, 1975

ABSTRACT

This Act provides that when a solar energy heating or cooling system has been

installed in an improvement on any real property, the owner of the property

may claim an alternate valuation of that improvement. The alternate valuation

is to be the lesser of the value of the improvement with a conventional heating

or cooling system and the value of the improvement with the solar energy system.

LEGAL CITATION

This Act adds sections 20d-l, 20d-2, and 20d-3 to the "Revenue Act of 1939"

filed May 17, 1939 as amended.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Frank A. Kirk, Director

Department of Local Government Affairs

303 East Monroe Street

Springfield, Illinois 62706

(217) 782-6436

FORMS OR OTHER DOCUMENTS

Application for Valuation Under Section 20d— 3 of the Revenue Act of 1939

Relative to Solar Energy Heating or Cooling Systems.

ADDITIONAL INFORMATION

Standards, as required by the Act, have not been finalized but probably will be

general such as "capable of heating or cooling when solar energy is available."

No technical detail will be included.

For additional information contact: William Townsley, Chief

Office of Financial Affairs

Department of Local Government Affairs

303 East Monroe Street

Springfield, Illinois 62701

(217) 782-6956

19
INDIANA

SB 223

Public Law 15, 1974

Approval Date: February 18, 1974

Effective Date: June 11, 1974

ABSTRACT

This Act allows the owner of real property with a solar energy heating

or cooling system an annual deduction from the assessed value of the

property equal to the lesser of: (1) the assessed value of the property

with the solar system minus the assessed value without the system; or (2)

two thousand dollars.

LEGAL CITATION

Indiana Code 19 71 , 6-1 is amended by adding a new chapter 9.5.

RESPONSIBLE STATE AGENCY AND OFFICIAL

This Act is administered by the County Auditor with verification by the

Township Assessor. Any interpretation or clarification will be provided

by the State Board of Tax Commissioners.

Gordon E. Mclntyre, Secretary

State Board of Tax Commissioners

Room 201 State Office Building

Indianapolis , Indiana 46204

(317) 633-5659

or

Wayne Pruett, Director

Division of Property Valuation

State Board of Tax Commissioners

Room 201 State Office Building

Indianapolis , Indiana 46204

(317) 633-4675

FORMS OR OTHER DOCUMENTS

SES-1 Statement for Deduction of Assessed Valuation Attributed to Solar

Energy System.

20
IOWA

SF 289

Chapter 56 Laws of 1975

Approval Date: July 15, 1975

Effective Date: July 1, 1975

ABSTRACT

This Act establishes an energy research and development fund within the

Energy Policy Council. The fund is to be used for research and development

of projects designated to improve Iowa's energy situation. Private, State

and Federal funds may be added to a State fiscal year appropriation of

$250,000.

LEGAL CITATION

This Act amends Chapter 93, Code 19 75, by adding two new sections and provides

an appropriation.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Maurice Van Nostrand, Chairman

Energy Policy Council

Valley Bank Building

300 Fourth Street

Des Moines, Iowa 50319

(515) 281-3428

FORMS OR OTHER DOCUMENTS

"Guidelines for Preparation of Proposals to the Iowa Policy Council".

The Council also publishes a "Quarterly Energy Report" and an annual report

titled "Energy: 19 76".

ADDITIONAL INFORMATION

Dr. Laurent Hodges, Research Director, is responsible for the energy research

and development fund administration. (address and phone same as above).

21
MAINE

SP 549 (Legislative Document 1913)

(Introduced as SP 447, LD 1558)

Chapter 587

Approval Date: June 26, 1975

Effective Date: June 26, 1975

ABSTRACT

This Act mandates the appointment of a full time Director for the Office of

Energy Resources and defines the powers and duties of the Director and the

Office. The Act also establishes a State Energy Resources Advisory Board

and the Maine Energy Development Fund. The Fund is to be used to encourage

and promote practical development of alternate sources of energy. The Fund

is to be administered by a three director board and 2 staff members. Funding

for two fiscal years is $2,050,000.

LEGAL CITATION

This Act relates to Title 5 of the Maine Revised Statutes Annotated and

repeals and replaces Sections 5004 through 5007, and adds new Sections 5008

and 5009.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Abbie C. Page, Director

Maine Office of Energy Resources

55 Capitol Street

Augusta, Maine 04330

(207) 289-2196

FORMS AND DOCUMENTS

None.

ADDITIONAL INFORMATION

Solar energy is not specifically mentioned in this act, but could be included

within the general language.

22
MARYLAND

HB 1604

Chapter 509 of the Session Laws of 1975

Approval Date: April 22, 1975

Effective Date: July 1, 1975

ABSTRACT

This Act provides that solar energy heating and cooling units installed in

existing or newly constructed residential or non-residential buildings,

shall not cause the assessment of the building to be greater than with a

conventional heating or cooling unit.

LEGAL CITATION

This Act adds a new subsection (b) (4) to Article 81, Section 14 of the

Annotated Code of Maryland (1969 Replacement Volume and 1974 Supplement).

RESPONSIBLE STATE AGENCY AND OFFICIAL

Albert W. Ward, Administrator

Department of Assessment and Taxation

301 West Preston Street

Baltimore , Maryland 21201

(301) 383-2526

FORMS OR OTHER DOCUMENTS

None.

ADDITIONAL INFORMATION

Administrators do not expect early solar installations to increase

values of real property.

23
MICHIGAN

HR 129

Approval Date: July 2, 1975

Effective Date: July 2, 1975

ABSTRACT

This resolution creates a special House committee to study the feasibility

statewide use of solar heating and cooling systems. This five member

committee is to report its findings and recommendations to the Legislature

not later than January 1977.

LEGAL CITATION

None.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Rep. Lucille H. McCollough

Chairperson

Committee to Study the Feasibility of Statewide

Use of Solar Heating and Cooling Systems

Room 0 3rd Floor

State Capitol

Lansing, Michigan 48901

(517) 373-0847

FORMS OR OTHER DOCUMENTS

None

.

ADDITIONAL INFORMATION

Michigan has a Research Association known as:

Michigan Energy & Resource Research Association (MERRA)

728 Executive Plaza

Detroit, Michigan 48226

(313) 964-5030

Mr. John Mogk, President

Mr. Dick Popeck, Energy Conservation

Mr. Dwight Bornemeier, Solar Energy

24
MONTANA

SB 86

Chapter 501 Laws of 1975

Approval Date: April 29, 1975

Effective Date: July 1, 1975

ABSTRACT

This Act creates a fund for research, development and demonstration of

alternate renewable energy sources. The funds are to be derived from a

2-1/2% of all license taxes or from a severance tax on coal until

December 31, 1979 when the percentage will increase to 4%. The funds

will be used for grants to any individual, business entity, educational

or scientific institution or governmental unit. The program is under the

Department of Natural Resources and Conservation.

LEGAL CITATION

This Act amends Section 84-1309.1 of the Revised Codes of Montana and adds

seven new sections

.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Charles W. Greene, Program Manager

Department of Natural Resources and Conservation

30 South Ewing

Helena, Montana 59601

(406) 449-3780

FORMS OR OTHER DOCUMENTS

Sub-Chapter 18, "Alternative Renewable Energy Source Grants", Montana

Administrative Code.

25
MONTANA

HB 663

Chapter 548

Approval Date: May 13, 1975

Effective Date: July 1, 1975

ABSTRACT

This Act encourages investment in nonfossil forms of energy generation

and in energy conservation in buildings through tax incentives and capital

availability.

LEGAL CITATION

This Act amends Sections 84-202 and 84-301 of the Revised Codes of Montana,

1947 and adds new Sections 84-7401 through 84-7406.

RESPONSIBLE STATE AGENCY AND OFFICIAL

William Groff , Director

Department of Revenue

Michell Building

Helena, Montana 59601

(406) 449-2460

FORMS OR OTHER DOCUMENTS

AB-12, Application for Class 8 Assessment

AB-14, Application for Tax Incentive Assessment of Energy Generating Property

ADDITIONAL INFORMATION

A newspaper announcement relating to this Act is included with the forms

.

26
NEVADA

SB 552

Chapter 636

Approval Date: May 20, 1975

Effective Date: May 20, 1975

ABSTRACT

This Act provides $370,000 for designing, constructing, equipping and furnishing

a solar energy laboratory in Clark County, Nevada, as an additional facility

of the Desert Research Institute of the University of Nevada. Responsibility

for this activity rests with the State Public Works Board and the Board of

Regents of the University of Nevada.

LEGAL CITATION

FORMS OR OTHER DOCUMENTS

None

.

ADDITIONAL INFORMATION

Bids on the Solar Energy Laboratory are expected to be elicited in the Spring

of 1976. Construction is to follow in the summer.

The architect for this project is Harry Wood of the University of Nevada.

None.

RESPONSIBLE STATE AGENCY AND OFFICIAL

William E. Hancock, AIA

Secretary and Manager

State Public Works Board

Nye Building, Room 225

Carson City, Nevada 89701

(702) 885-4870

Chairman James L. Buchanan II Dr. Lloyd P. Smith

Board of Regents Desert Research Inst.

University of Nevada University of Nevada

405 Marsh Avenue Reno, Nevada 89507

Reno, Nevada 89509 (702) 784-6131

(702) 784-4901

27
NEW HAMPSHIRE

HB 479

Chapter 391 Laws of 19 75

Approval Date: June 16, 1975

Effective Date: August 15, 1975

ABSTRACT

This Act allows each city and town to adopt, by local referendum, property tax

exemptions for persons owning real property which is equipped with a solar

energy heating or cooling system.

LEGAL CITATION

Amends Revised Statutes Annotated 72 by inserting after section 60 a new

subdivision including sections 61-64.

RESPONSIBLE STATE AGENCY AND OFFICIAL

City or town assessors and selectmen

under general supervision of:

Lloyd M. Price, Commissioner

Department of Revenue Administration

19 Pillsbury Street

Concord, New Hampshire 03301

(603) 271-2191

FORMS OR OTHER DOCUMENTS

Solar Energy Systems Exemption Claim (implements the referendum action taken

by Concord under this Act)

.

ADDITIONAL INFORMATION

Concord, New Hampshire took action under this Act by referendum on

November 4, 19 75. By mid-January 19 76, one homeowner had applied for the

solar exemption. Complete procedures have not been developed but they are

planning to assess the property as if conventional heating systems were used.

28
NEW MEXICO

SB 1 (Special Session, 1975)

Chapter 12, Laws of 19 75

Approval Date: April 10, 1975

Effective Date: April 10, 1975

ABSTRACT

This Act provides for a credit against personal income tax due, for conversion

to or construction of a solar energy system, used in the taxpayer's principal

residence. The credit is allowable equal to 25% of the cost of the equipment

not to exceed $1,000. It further provides for a refund to taxpayers if the

credit allowed exceeds tax liability.

LEGAL CITATION

The Act is a new Section 72-15A-11.2 to the New Mexico Statutes Annotated 1953.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Marshal Morton

Bureau of Revenue

Manuel Lujan, Sr. Building

St. Francis Drive at Alta Vista

Santa Fe, New Mexico 87503

(505) 827-3221 X316

FORMS OR OTHER DOCUMENTS

None.

ADDITIONAL INFORMATION

A solar home is under construction in Las Cruces . For information contact

Roy Moore, 206 E. Fleming Avenue, Las Cruces, New Mexico, 88001. Other

solar construction and activities are described in "Solar Flair" (see SB 120)

.

29
NEW MEXICO

SB 120

Chapter 83, Laws of 19 75

Approval Date: April 2, 1975

Effective Date: April 2, 19 75

ABSTRACT

This Act appropriates $30,000 to the Department of Development to promote

research, development and use of solar energy in New Mexico and to

encourage the location of the proposed National Solar Institute in the State.

LEGAL CITATION

This Act may be cited as the "Solar Energy Development Act".

RESPONSIBLE STATE AGENCY AND OFFICIAL

Fabian Chavez, Jr., Director

Department of Development

113 Washington Avenue

State Security Building 2nd Floor

Santa Fe, New Mexico 87503

(505) 827-3101

FORMS OR OTHER DOCUMENTS

Solar Activity of Department of Development information sheet.

ADDITIONAL INFORMATION

A three man Task Force has been appointed by the Governor: Director

Fabian Chavez, Jr., Dean William Gross, Dean John Hernandez. For additional

information contact Al Dietz, Deputy Director, Department of Development

at the address above.

"Solar Flair", a booklet published by the Department of Development, details

New Mexico's private, university and public involve in solar energy.

30
NEW MEXICO

HB 395

Chapter 200, Laws of 19 75

Approval Date: April 7, 19 75

Effective Date: April 7, 1975

ABSTRACT

This Act provides that a feasibility study on the use of energy sources other

than fossil fuels for heating and cooling must be made prior to execution of

a contract for construction or major alteration of any State owned building.

LEGAL CITATION

None

.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Tony R. Elias

Chief

Property Control Division

Department of Finance and Administration

Bataan Memorial Building Room 310

Santa Fe, New Mexico 87503

(505) 827-2404

FORMS OR OTHER DOCUMENTS

None.

31
NEW YORK

AB 8620

Chapter 864 Laws of 1975

Approval Date: August 9, 1975

Effective Date: September 8, 19 75

ABSTRACT

This Act redesignates the New York State Atomic and Space Development Authority

as the New York State Energy Research and Development Authority (ERDA)

.

The ERDA responsibilities include development and implementation of new energy

sources, including solar. Included is authority to conduct, sponsor or assist

research, development and demonstration programs in new energy technologies,

to disseminate information, and to advise the legislature.

LEGAL CITATION

This Act is in Sections 1850-1872 of Title 9, Article 8 of the New York Public

Authorities Law.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Charles Baxter

Research Program Manager

New York State Energy Research and Development Authority

230 Park Avenue

Room 1235

New York, New York 10017

(212) 689-5070

FORMS OR OTHER DOCUMENTS

Recommended Budget for 19 76-77, (Fiscal Year begins April 1, 1976)

ADDITIONAL INFORMATION

An annual report is available for the year April 1, 1974 - March 31, 1975, the

last full year that the Authority operated under its previous legislative mandate

Al Messina is Research Project Director for solar energy.

32
NORTH CAROLINA

HB 375

Chapter 911

Approval Date: June 26, 19 75

Effective Date: July 1, 1975

ABSTRACT

This Act provides an appropriation of $30,000 to North Carolina State University

for research on and development of a working solar heating and cooling system

for both residential and commerical buildings. Appropriations are divided into

$20,000 for fiscal '75-76 and $10,000 for fiscal '76-77.

LEGAL CITATION

None.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Dr. Frederick 0. Smetana

Department of Mechanical and Aerospace Engineering

North Carolina State University

Raleigh, North Carolina 27607

(919) 737-2374

FORMS OR OTHER DOCUMENTS

None.

33
NORTH DAKOTA

SB 2439

Chapter 508

Approval Date: April 8, 1975

Effective Date: July 1, 19 75

ABSTRACT

This Act provides that systems utilizing solar energy for heating or cooling

of new or existing builings will be exempt from property tax for five years

following installation. If a building has a conventional heating or cooling

system which is supplemented by a solar energy system, only the solar energy

portion of the system shall be exempt.

LEGAL CITATION

This Act forms a new subdivision 27, to section 57-02-08 of the North Dakota

Century Code.

RESPONSIBLE STATE AGENCY AND OFFICIAL

John Hulteen, Supervisor of Assessments

State Tax Department

State Capitol

Bismarck, North Dakota 58505

(701) 224-3461

FORMS OR OTHER DOCUMENTS

None.

34
OHIO

Amended Substitute HB 584

File No. 116

Approval Date: August 26, 1975

Effective Date: August 26, 1975

ABSTRACT

This Act establishes the Ohio Energy and Resource Development Agency (ERDA)

replacing the Ohio Energy Commission and the Ohio Development Center. The

Agency is to sponsor research and award grants and contracts for experimental

demonstration facilities and projects which provide new or alternate energy

sources. The legislation includes solar heating and cooling demonstrations.

LEGAL CITATION

This Act amends Section 122.09, 122.63 to 122.73 and 123.01, and adds new

Sections 122.671, 122.74 to 122.87 and 5709.30 to 5709.37 and repeals

Section 122.08 of the Ohio Revised Code.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Robert S. Ryan, Director

Ohio Energy and Resource Development Agency

30 E. Broad Street

25th Floor

Columbus, Ohio 43215

(614) 466-3465

FORMS OR OTHER DOCUMENTS

None

.

ADDITIONAL INFORMATION

The Legislature appropriated $5 million for 1975-76 and 1976-77. Each year

the division of funds is to be $500,000 for operating expenses and $2 million

for program development.

HB 1309, clarifying the authority of OERDA, has been introduced in the Ohio

Legislature

.

35
OREGON

HB 2036

Chapter 153 Laws of 19 75

Approval Date: May 19, 1975

Effective Date: September 13, 19 75

ABSTRACT

This Act adds solar energy considerations to comprehensive planning and allows

county planning commissions to recommend ordinances governing height and

set back of buildings and assuring access to incident solar energy. It

allows city planning commissions to recommend zoning ordinances limiting

the use, height, area and bulk of buildings and structures, and recommends

appropriate public incentives for overall energy conservation.

LEGAL CITATION

This Act amends ORS 215.055, 215.110, 227.090 and 227.230.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Lon Topaz, Director

Department of Energy

528 Cottage Street, N. E.

Salem, Oregon 9 7310

(503) 378-4128

FORMS OR OTHER DOCUMENTS

None

.

36
OREGON

HB 2202

Chapter 460 Laws of 19 75

Approval Date: June 30, 1975

Effective Date: September 13, 19 75

ABSTRACT

This Act provides an exemption from ad valorem taxation for any increased

value of property resulting from installation and use of a solar energy

heating or cooling system. Applies to assessment years beginning on and

after January 1, 19 76, but not on or after January 1, 1986.

LEGAL CITATION

None.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Donald M. Fisher, Administrator

Assessment and Appraisal Division

506 State Office Building

Salem, Oregon 97310

(503) 378-3378

FORMS OR OTHER DOCUMENTS

None

.

37
SOUTH DAKOTA

SB 283

Chapter 111

Approval Date: March 25, 19 75

Effective Date: July 1, 1975

ABSTRACT

This Act allows the owner of residential real property an annual deduction from

its assessed valuation for the installation of a solar heating, solar

hot water or solar cooling device. The deduction from the assessed valuation

may be equal to the lesser of: (1) the remainder of the assessed valuation

of the real property with the solar heating or cooling system included, minus the

valuation of the real property without the system; or (2) two thousand dollars.

The Act expires July 1, 1980.

LEGAL CITATION

South Dakota Compiled Law 10-6-35.5, 10-6-35.6, 10-6-35.7.

RESPONSIBLE STATE AGENCY AND OFFICIAL

County Auditors/Assessors and

Lyle Wendell, Secretary

Department of Revenue

State Capitol

Pierre, South Dakota 57501

FORMS OR OTHER DOCUMENTS

SD Rev PT8 9-75, "Claim for Solar Heating and Cooling Allowance".

ADDITIONAL INFORMATION

1. The owner of real property who desires to claim a deduction must file a

statement with the county auditor in his county. The owner is required to file

a claim on forms prescribed by the Department of Revenue. The county assessor

is responsible for verifying such declared deductions.

2. The Administrative Rules of South Dakota 64:02:01:27 provide the following

definition: "Solar heating and cooling - Defined - Exclusions. A solar heating

or cooling system is one which has as its direct source of energy, the sun,

transmitted by sun collectors or converters through the absorption of rays. To

qualify as a solar heating or cooling system the conversions system must be so

designed to focus the suns rays onto a collector; to convert those rays into a

usable form of energy; storing such energy until needed, and able to deliver

the energy to its intended use. No device which does not make use of the rays

of the sun in the process of heating or cooling shall qualify. This is intended

to exclude devices for heat transference from elements or materials which are

incidentially warmed such as the air or ground water unless directly connected

with a sun collector".

38
TEXAS

HB 546

Filed without signature: June 21, 1975

Effective Date: September 1, 19 75

ABSTRACT

The solar energy portion of this Act provides that corporations which

exclusively manufacture, sell and install solar energy devices are excluded

from the franchise tax. It also provides exemption from taxes of receipts

from the sale, lease or rental of solar energy devices. A corporation may

deduct from its taxable capital the amortized cost of a solar energy device

for production of energy or heating and cooling. The cost may be amortized

for any period not less than 60 months

.

LEGAL CITATION

This Act, as it relates to solar energy devices, amends the General Revised

Civil Statutes of Texas, 1925 as amended; by amending Article 12.03;

Title 122A, Taxation. It also amends by adding Section (CC) to Article 20.04,

and Section (6) to Article 12.01 of the same Title and Statutes.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Bob Bullock, Comptroller

Comptroller of Public Accounts

Lyndon Baines Johnson Building

17th and Congress

Austin, Texas 78711

FORMS OR OTHER DOCUMENTS

None.

ADDITIONAL INFORMATION

The Act defines a solar energy device as "a system or series of mechanisms

designed primarily to provide heating or cooling or to produce electrical

or mechanical power or both by means of collecting and transferring solargenerated energy and includes mechanical or chemical devices having the

capacity for storing solar-generated energy for use in heating or cooling or

in the production of power".

39
VIRGINIA

HB 1809

Chapter 331 Laws of 19 75

Approval Date: March 18, 19 75

Effective Date: June 1, 1975

ABSTRACT

This Act creates a Virginia Solar Energy Center within the Science Museum

of Virginia. The Center's responsibilities include promoting solar

utilization, coordinating State and Federal solar programs, serving as a

technical information clearinghouse , and providing educational and policy

development

.

LEGAL CITATION

This Act adds section 9-65.2:1 to the Code of Virginia.

RESPONSIBLE STATE AGENCY AND OFFICIAL

Wynn Solomon, Director

Virginia Solar Energy Center

Virginia Science Museum

217 Governor Street

Richmond, Virginia 23219

(804) 786-4133

FORMS OR OTHER DOCUMENTS

None

.

40
Bibliography

1. Principal Legislative Staff Offices, The Council of State Governments,

Iron Works Pike, Lexington, Kentucky 40511, September 1975.

2. "Energy Legislation Update", the Council of State Governments, Energy

Project, Iron Works Pike, Lexington, Kentucky 40511, Bi-weekly publication.

3. "Turning Toward the Sun", Vol. One. Abstracts of State Legislative

Enactments of 1974 and 1975 Regarding Solar Energy, National Conference of

State Legislatures.

4. Ecp Report, Newsletter of the Energy Conservation Project, Environmental

Law Institute, October 1975, January 1976.

5. "Recent Accomplishments in Tasks related to Solar Water Heating Application

Florida Solar Energy Center, Cape Canaveral, Florida 32920, September 26, 1975.

6. Cohen, Jeffrey C. , White, Ronald H. , "Energy Conservation in Buildings:

The New York Metropolitan Region", Environmental Law Institute, Washington, D.

July 1975.

7. Eisenhard, Robert M. , "Building Energy Authority and Regulations Survey:

State Activity", National Bureau of Standards (U.S.), NBSIR 76-986, 48 pages,

March 19 76.

8. Ruegg, Rosalie T. , "Assessing the Impact of Incentives on the Cost of

Owning a Solar Energy System", National Bureau of Standards Report, (In Press).

41

APPENDIX

A STATE FORMS , INSTRUCTIONS, DATA

B STATE LEGISLATION

43

APPENDIX A

STATE FORMS, INSTRUCTIONS, DATA

COLORADO SB 75 Page

"Solar Heating or Cooling Devices," Form CST 510 11-75 A-l

Instruction Sheet for CST 510 11-75 A-2

ILLINOIS HB 164

"Application for Valuation Under Section 20d-3 of the Revenue Act

of 1939 Relative to Solar Energy Heating or Cooling Systems" A-3

INDIANA SB 223

SES-1 "Statement for Deduction of Assessed Valuation Attributed

to Solar Energy System" A-4

IOWA SF 289

"Guidelines for Preparation of Proposals to the Iowa Policy Council" . . A-5

MONTANA SB 86

Sub-Chapter 18, "Alternative Renewable Energy Source Grants,"

Montana Administrative Code A-6

MONTANA SB 663

AB 12, "Application for Class 8 Assessment" A-15

AB 14, "Application for Tax Incentive Assessment of Energy

Generating Property" A-16

Great Falls, Montana, Tribune article, March 8, 1976 A-17

NEW HAMPSHIRE HB 479

"Solar Energy Systems Exemption Claim" (Concord, New Hampshire) .... A-18

NEW MEXICO SB 120

Solar Activity of Department of Development A-19

NEW YORK AB 8620

Recommended Budget for 1976-77 A-20

SOUTH DAKOTA SB 283

SD Rev PT 8 9-75, "Claim for Solar Heating and Cooling Allowance" . . . A-22

A-0

ir>-DPT-Ol

h'orm CST 510 11-75 State of Colorado

Year

Log No.

COLORADO

SB 75

Sched. No.

County

SOLAR HEATING OR COOLING DEVICES

Name (owner)

Mailing

Address

City_

Phone

Res.

State Zip

Phone

Bus.

Property address or location:

2. Description of system (see instructions)

3. Type of property

New Remodel

INFORMATION

Answer all questions - attach necessary supporting documents - indicate reasons where

information is not furnished.

Cost included in purchase price ?

Yes No

If yes, how much ? $

1 Acquisition of Solar Heating or Cooling Devices

Date purchased

Total cost or purchase price including installation $

Seller's name and address

Date of construction

Name of builder or contractor

I, owner or agent of this property, state

that the information and facts constitute

true and complete statements concerning

the described property. I agree to furnish additional information requested by

the Assessor.

Signature

Date

DO NOT USE -- FOR ASSESSOR ONLY

Was physical review made by appraisal staff? Yes No

What other heating or cooling devices in this improvement ?

Statement of appraiser's findings and recommendations:

Appraiser's estimate of actual value: $ Assessed Valuation 5% $

BY Date

BY Date

Appraisal records changed

A-1
15-DPT-AD

Form CST 510 11-75 State of Colorado

COLORADO

SB 75

INSTRUCTIONS

For completion of form "Solar Heating and Cooling Devices"

1973 Colorado Revised Statute 39-1-104 (1) requires the assessed value of all improvements to be 30% of actual value.

1973 Colorado Revised Statute 39-1-104 (6) provides an exception as follows.

The valuation for assessment of all solar heating or cooling devices attached

to or a part of any building improvement shall be at an amount equal to five percent

of the actual value thereof as determined by the assessor in accordance with the regulations of the property tax administrator. For the purposes of this subsection (6),

solar heating, solar hot water, or solar cooling devices shall include all controls,

tanks, pumps, heat exchangers, and other hardware necessary to effect the installation of a solar heating or cooling system. Solar heating or cooling devices shall

not include walls or roofs unless those portions of the structure shall be a part of

those devices specifically designed into the system to provide additional heating or

cooling that would not ordinarily be contained in a structure not designed or modified

to provide solar heating or cooling.

1973 Colorado Revised Statute 39-5-105 requires owner of solar devices make application for separate appraisal and valuation.

In appraising and valuing improvements any device which is attached to a building or structure or which is an integral part of such structure and is designed

to provide solar heating or cooling shall be appraised and valued separately from

such building or structure. Such separate appraisal and valuation shall be made

upon application of the owner of the improvement to the assessor.

The attached form may be used as an application and provides spaces for listing

pertinent information. The second copy is for your records.

Enter the name, mailing address, and phone number of the owner. Identify the property by address or location. ALL QUESTIONS MUST BE ANSWERED. Failure to do so may result in a denial. Indicate reasons such as "not applicable", "unknown",

etc. where information is not furnished.

1. Enter the date purchased, the total cost or purchase price, and the seller's name

and address. Also list the date of construction and the name of the builder, or

contractor.

2. Describe all parts of system such as controls, tanks, pumps, collectors, duct

work and other hardware necessary to make the system operable.

3. Indicate if the property is new or remodeled and what amount of the purchase

price, if any is attributable to solar devices.

Application form must be signed and dated by the owner or agent of the property.

A-2
ILLINOIS

HB 164

APPLICATION FOR VALUATION UNDER SECTION 20d-3

OF THE REVENUE ACT OF 1939 RELATIVE TO SOLAR

ENERGY HEATING OR COOLING SYSTEMS

TO: Supervisor of Assessments, County Assessor or Board of Assessors.

County. Township

1. The undersigned , being the person liable for taxes on certain real property hereinafter described, hereby requests that the said real property

be valued for the assessment year January 1, 19 , as provided in Section 20d-3 of

the Revenue Act of 1939, as amended.

2. Legal Description and Index Number as shown on tax bill. (Use reverse side if necessary)

3. The undersigned states that he (she) is the owner of the above described

property; that improvement (s) thereon are equipped with a solar energy system used for

; and that the total cost of installing such

(Heating) (Cooling) (Heating and Cooling)

system was $.

4. The undersigned understands that when the solar heating or cooling system so valued

ceases to be used as a means of heating or cooling the improvement (s) , the owner

of the real property must, within 30 days, notify the Supervisor of Assessments,

County Assessor or Board of Assessors, as the case may be of that fact; and that it

is a Class B misdemeanor to fail to submit such information or to knowingly submit

any false information in or relating to this application.

Applicant

Applicant's Address

Date: 19 A. D.

Subscribed and sworn to before me this

day of 19 A. D.

Notary Public
INDIANA i>b S-ti

FORM SES-1 1975 Original (County Auditor)

PRESCRIBED BY THE STATE Duplicate (Mail to State Board

BOARD OF TAX COMMISSIONERS of Tax Commissioners)

STATEMENT FOR DEDUCTION OF ASSESSED

VALUATION ATTRIBUTED TO SOLAR ENERGY SYSTEM

(Pursuant to Acts 1974, PL 15, IC 1971 6-1-9.5)

To Be Filed in Duplicate with the County Auditor

(of the county in which subject property is located)

Between March 1 and May 10, inclusive each year

By the owner of such real property

STATE OF INDIANA COUNTY, SS:

I, (We), certify that I, (We) on

the 1st day of March, 19 , owned the following described real

property which is equipped with a solar energy heating or cooling

system for which a deduction from the assessed valuation is hereby

being applied.

PROPERTY DESCRIPTION:

TAXING DISTRICT (CITY, TOWN, TOWNSHIP)

LOCATED IN TOWNSHIP , LEGAL DESCRIPTION

OR KEY NUMBER

1 . ASSESSED VALUATION OF IMPROVEMENT

INCLUDING SOLAR HEATING OR COOLING SYSTEM $

2. MINUS: ASSESSED VALUATION OF IMPROVEMENT

WITHOUT THE SOLAR SYSTEM $_

3. DIFFERENCE $_

DEDUCTION ALLOWABLE:

4. LESSER OF LINE 3 ABOVL OR $2,0GC 5

I hereby certify the above statement to the best of my knowledge

is true, correct and complete.

Date Signature of owner

Address of owner

City and State

Date Filed Signature of Auditor

I, , Assessor of

Township, County have verified the above

statement and found it to be true and correct.

Date Signature of Township Assessor

RECEIPT FOR STATEMENT OF DEDUCTION OF ASSESSED

VALUATION ATTRIBUTED TO SOLAR ENERGY SYSTEM

Name of owner

Description of Property: County Township

Legal Description or Key Number

Date Filed Signature of Auditor

A-4
IOWA SB 289

GUIDELINES FOR PREPARATION OF PROPOSALS

TO THE IOWA ENERGY POLICY COUNCIL

Proposals for energy research and development to be funded in Fiscal Year 1976 are due at

the Iowa Energy Policy Council, 300 Fourth Street, Des Moines, Iowa 50319, by April 1,

1976. The EPC is interested in proposals that involve Iowa uses and resources, that do

not duplicate work being tried elsewhere, that might attract matching federal and private

funds, and whose results could be developed and used fairly rapidly and might foster the

development of new industry in Iowa.

The Council has expressed particular interest in certain specific areas: resource recovery; utility rate experiments; utility wind energy demonstrations; energy conservation

projects, including those directed at community betterment; and providing funds to buy

materials for solar systems to be built and installed by students in training programs.

However, the Council will not restrict proposals to these areas, nor will it make awards

in these areas if worthy proposals are not forthcoming.

All proposals should be specific and, as a minimum, include the information set forth below

1. Name and address of the person (s) and/or organization (s) submitting the proposal.

2. Date of submission.

3. The specific objectives of the project, including the applicability of the project to

Iowa and the beneficial results to be expected if the project is successful.

4. An outline and discussion of the project, including the period of time involved and

the dates of completion of the various stages of the project.

5. The amount of funds required, together with an itemized breakdown of the costs of the

project: equipment and instruments (including transportation and installation costs),

expendable supplies, services (such as computer rental or chemical analyses) , salaries

and wages, indirect costs, secretarial expenses, travel, and miscellaneous. Indicate

what other sources of funds are or might be available to assist in the project. Costsharing would be welcomed so that EPC funds could cover more projects.

6. Names and addresses of key personnel to be involved, together with brief biographical

information and relevant experience.

The EPC would appreciate receiving 20 copies of each proposal; however, this is not a mandatory requirement.

Proposals received by the EPC will be evaluated by a panel of reviewers, who will be

asked to comment on the technical merit of the proposal, the competence of the investigators, the reasonableness of the budget, and the importance of the project to Iowa. Ratings

will be requested on a five-point scale: 4 = excellent, 3 = good, 2 = supportable , l = poor,

0 = unsound. The anonymity of the reviewers will be strictly maintained, but extracts of

their comments will be passed on to members of the EPC and will be discussed at a public

meeting of the EPC. These comments will also be passed on to applicants without identifying the reviewers.

At a public meeting the EPC staff will provide the EPC members with the reviewers' comments

The choice of the proposals to be funded will be made at a public meeting, probably in

June, by the members of the EPC, who may discuss some or all of the proposals in public. Proposals chosen for funding will be made public, but submitters of all proposals should note

that portions of their proposals may become public in the course of the EPC meeting at

which they are discussed. For this reason submitters may wish to avoid including proprietary information or other information which they do not want to be made public.

In accepting an EPC grant, the applicant must agree to provide a final report within one month of the termination date of the grant. The final report must account for the expenditure of the funds and describe the accomplishments of the research project.

A-5
MONTANA SB 86

NATURAL

RESOURCES AND CONSERVATION

Sub- Chapter 18

Alternative Renewable Energy Source Grants

Section 36-2. 8 (18) -S806G

36-2.8 (18)-S8070

36-2. 8 (18) -08080

36-2. 8 (IE) -S8090

36-2. 8 (18) -S8100

36-2. 8 (18) -S811C

36-2. 8 Ci.8) -SC120

36- 2. 8 (18) -S8130

36-2. 8 (18)-S8i40

36-2. 8 (18)-S8150

36-2. 8 (18)-S8160

PURPOSE OF RULES

DEFINITIONS

STATEMENT OF ADMINISTRATIVE

POLICIES

APPLICATIONS — GENERAL

REQUIREMENTS

APPLICATION CONTENT

APPLICATION SUBMITTAL DEADLINES

APPLICATION EVALUATION

AWARDIN G G RAN T S —CRI TE RI

A

CONDITIONS UNDER WHICH

GRANTS MAY BE USED AND OTHER

CONDITIONS

PAYMENT OF GRANTS

PROJECT ADMINISTRATION

36-14. 1

A

MONTANA ADMINISTRATIVE CODE

A-6
Sub-Chapter 18

Alternative Renewable Energy Source Grants

' 3 G-2 . 8 (.1 3) -- S80G0 PURPOSE OF _RUL75S Senate Bill 8 6 enacted

by the 1975 Legislature provider ror tnc funding through the

Department lor research , development and demonstration of alternative renewable energy source:;. The purpose of the rules in

this sub-chapter is to provide criteria and guidelines to aid

.in the implementation of that lav;. (History: Sec. 84-7410,

R.C.M. 1947; NEW , MAC Mot. No. 36-2-5; Order MAC No. 36-2-9;

Adp. 2/6/76; Eff. 3/7/76.)

3 6-2. 8 (IB ) -- 58070 DEFINITIONS Unless the context requires

otherwise, as used in the Act and in the rules in this subchapter : (1) "Act" means Chapter No. 501, Montana Session Laws of

1975 (also referred to as the "Alternative Renewable Energy

Sources Act"; Section 84-7407 et seq. , R.C.M. 1947).

(2) "Alternative renewable energy .source", as defined in

Section 84-74 0 3 (1) of the ..ct, means a form of energy or matter,

such as solar energy, wind energy, or methane from solid waste,

capable of being converted into forms of energy useful to mankind, and the technology necessary to make this conversion; when

the source is not exhaustible in terms of this planet and when

the source or the technology are not in general commercial use.

(3) "Person" means a natural person, corporation, partnership, or other business entity, association, trust, foundation, any educational or scientific institution, or any governmental unit.

36-14.15 MONTANA ADMINISTRATIVE CODE

A7
36-2. 8(1 8 ) -S 8070 NAT'J RAJ,

RESOURCES AND CONSERVATION

(4) "Department" means the Department of Natural Resources and Conservation.

(5) "Application" means a written application to the

Department for funding under the terms of the Act and these

rules

.

(6) "Research" means an extensive, systematic study to

discover or revise facts or theories and which would brine; to a more advanced state the capabilities, availability and suitability of a renewable alternative energy source.

(7) "Develop" or "development" means a project which

utilizes the basic results of research or available know] edge

and applies those results or knowledge to the actual development

of hardware. The term also includes the establishment of manufacturing facilities to produce renewable alternative energy

systems in Montana, but it does not include the development of

a project or facility to commercially market electricity, heat

energy, or energy by-products.

(8) "Demonstrate" or "demonstration" means an extensive,

systematic plan and follow through to establish that specific

renewable alternative energy sources are practical and car. be

made to work re] iably over long periods of time. These projects

circ primarily physical models which will be proven. (History:

Sec. ' 84-7410, R.C.M. 1947; NEW , MA C Not. No/ 36-2-5; Order MAC

No. 36-2-9; Adp. 2/6/76; Eff. 3/7/76.)

3 6-2 . 8 [18 )_z

S 8 0 80 STATEMENT_ OF ADMIN ISTRATIVE POL I C: I ES

(1) It is the objective of the Department to orient the funding

program toward the small scale, individual, single unit dwelling

type of application. Large sacle, capital intensive project

applications will be accepted, but the program emphasis will be

directed toward the aforementioned type of applications.

(2) Jt is the objective of the Department to give funding

preference to development and demonstration projects.

(3) It is the intent of the Department to only grant

funding for applications which are submitted by persons who are

residents of the stiJto of Montana, and only for projects conducted in Montana. "Conducted" means that the research and development project will be h.eadqua?"tered in Montana and that all

devel oprncnt will be built in Montana. This condition does not

prohibit the use of expertise outside the State of Montana.

(4) Persons who are employees or contractors of the

Department, or who arc members of the Board of Natural Resources

and Conservation, are not eligible for funding under the Act.

Relatives related to such person by consanguinity within the

fourth degree or by affinity within the second degree are likc36-1 4. 15A * MONTANA ADMINISTRATIVE CODE

A-8
36-2.. 8 (18)-S0080 NATUIJ'.L

RESOURCES AND CONSERVATION

wise not eligible for funding.

(5) Applications to research, develop, or demonstrate

ceot.hor.nal energy sources on a small scale will be considered

for funding. Larqe scale, capital intensive projects are not

eligible for funding.

(C) Seme types of renewable alternative energy source?-,

(e.g., solar and wind) are unable to produce energy on a continuous basis, therefore applications for studying energy storage devices associated with such renewable energy sources will

be accepted.

(7) As a general rule applications for more than $100,000

will not be granted. However, the Department will accept and

review applications for more than $100, 000. If the Department

determines that such a proposal is particularly applicable to

Montana's energy needs and technically outstanding, it may be

funded. There is no lower limit for funding.

(8) The Department, will appoint an Alternative Energy

Advisory Council (AEAC) consisting of five members who will male

recommenda tions on which applicat ions should be funded. The

Department makes the final decision as to which applications are

funded.

(9) /applications shall be applicable Lo Montana *n energy

needs. If the technology is not feasible as suited to the needs

of Montana, the application will not be granted.

(10) The Department may fund all or only part of a proposal. Generally , only an application which is directly related

to the research, development, or demonstration of alternative

renewable energy sources will be funded. For example, an application to build a $50,000 solar home may not be funded in full,

but an application to dcmor.stra te new solar technology as part

of a home may be funded. (history: Sec. 84-7410, R.C.M. 19-i7;

NEW, MAC Not. No. 36-2-5; Order MAC No. 36-2-9; Adp. 2/6/76;

Ef f . 3/7/76. )

•' .

36-2 . 8 ( 18)

S8090 APPLI CAT1 ON S - GENERAL REQIJ 1 REMENTS

(1) Any person may make application for a grant to fund a proposal under the Act and these rules. The applicant should

normally submit ten copies of the application at the time of

filing to the Energy Planning Division of the Department, ?.7. South Ewing, Helena, Montana, 59601, consistent with these

rules. A lesser number of copies may be submitted upon, prior

approval of the Department.

36-14 . 15B MONTANA ADMINISTRATIVE CO! >E
36-2. 8 (18J-S8090 NATU51AL

RESOURCES AND CONSERVATOR

(2) Although not required, to facilitate uniformity

the application should meet the following requirements:

(a) The application should be typed, printed, or otherwise legibly reproduced on 8 2/2 x 11" paper. Maps, drawings

,

charts, or other documents bound in an application should be

cut or folded to 3 1/2 x 11" size. Maps, drawings, or charts

may accompany an application as separate exhibits.

(b) Typed or offset material should have a 1" margin on

all sides.

(c) All pages .in an application should be consecutively

numbered. Maps, drawings, or charts accompanying the application as exhibits should be identified as "Exhibit , " and if comprising mere than one sheet should be numbered "sheet

of

(3) The application snail state the name, title, telephone number, and post office address of the person to whom

communication in regard to the application should be made.

(4) The. Department will review the application to determine whether it is in substantial compliance with the Ac t and

these rules. If the Department determines that the application

is not in substantial compliance with the Act arid these rales,

the application will be considered deficient and the Department

will reject the application, notifying the applicant in writing

and listing the application deficiencies. The application may

be re-submitted after corrections are made.

(5) The applicant should submit supplemental material

upon request or when it becomes available without undue delay

after an application is filed to update drawings and information

submitted with the original application.

(G) If an applicant desires to change or add to an application, after it is for; ally filed, the applicant shall inform

the Department in writing as soon as possible of the chance or

addition. If the change or addition will result in a substantial change in the amount of funding requested or the goals and

objectives stated in the original application, the Department

will consider the change or addition to constitute a new application .(7) There is no form adopted by the Department to fill

out in making an application. (History: Sec. 84-7410, R.C.M.

1947; NEW, MAC Not. No. 36-2-L>; Order J-'AC No. 3G-2-S; Adp. 2/6/

76; Eff. 3/7/ 7 6.)

3 6-2. 8 (18)SSI 00 AI'PLT CATION CONTENT (1) An application shall include a general declaratory statement indicating

36-14. IfiC MONTANA ADMINISTRATIVE CODE

A-10
36-2. 8 (18)-S8100 NATURAL

RESOURCES AND CONSERVATION

whether the applicant is seeking funds for a research, development, or demonstration project.

(2) The application shall include a declaration of the

type of renewable alternative energy source to be studied (i.e.,

wind, solar, water, etc.).

(3) The application should contain a review of the existing "state of the art" conducted by the applicant in the area of

interest

.

. (4) The application should include, whenever applicable,

a description of the proposal, including, but not limited to:

(a) A theoretical basis for the proposal including all

pertinent maps, diagrams, and photographs;

(b) The proposed technology including all pertinent diagrams and photographs;

(c) The proposed research methods and construction

methods if construction is a factor, plus all pertinent maps,

diagrams, and photographs;

(d) The proposed facilities and equipment needed, including physical dimensions, diagrams, and photographs;

(e) The proposed time schedule for project development;

(f) A description of the proposed anticipated results,

both practical and theoretical;

(g) A statement as to how the project can advance the

state of the art;

(h) A statement indicating where the project will be

constructed, and why that particular site is suited to the

proposed project;

(i) A statement indicating who will work on the project,

and what their various qualifications are;

(j) A statement of the role of the project in meeting

future energy needs;

(k) A statement of how the project will be feasible

and applicable;

(1) A statement of the project's environmental compatibility, especially:

(i) Pollutants or contaminants produced;

(ii) An estimate of the net energy yield of the project.

(5) The application sh.ili include an estimated maximum

budget 'which may not be exceeded, which should contain:

(a) The wages and salaries of all research personnel

,

clerical help, craftsmen, etc. (itemized);

(b) A list of employee benefits;

(c) A list of building costs;

36-3 4 . 3.5D MONTANA ADMlh'lCTJ^TJVN CODE

A-ll
36-2. 8(18) - S 8 1 0 0 NATURAL

RESOURCES AND CONSERVATION

(d) A list of equ.ipsr.c-nt costs (equipment generally arc. permanent items);

(e) A list of administrative and overhead costs

;

(f) A list of the cost of supplies (supplies generally

are exhaustible items);

(g) A list of communication and travel costs;

(h) A list oL any other expenses.

(6) The application should contain a copy of all contracted or sub- contracted work, including budgets, who is to do

the v.'ork, and what work is to Le done. If these are not available at the time of application, they shall be submitted at the

time they become available. (History: Sec. 84-7410, R.C.M.

1947; NEW, MAC Not. No. 36-2-5; Order MAC No. 36-2-9; Adp . 2/6/

76; Eft. 3/7/76.)

' 36-2. 8 (1 8)-S81 10 APPLICATION SUBMITTAL DEADLINES For

the remainder of fiscal year 1976 (ending June 30, 1976), applications may be submitted to the Department until May 1, 197 6.

Thereafter, for each subsequent fiscal year, applications may be

submitted from January 1 through March 31. (History: Sec. 34-

7410, R.C.M. 19 47; NEW . MAC Net. No. 36-2-5; Order MAC No. 3 6-2-

9; Adp. 2/6/76; Eff. 3/7/76.)

36-2. 8 (18)-S 81 20 APPLICATI ON EVALU ATION (1) In general,

applications will be reviewed and evaluated by members of an adhoc committee which will be established by the Department.

These members will be qualified technical people in their respective renewable alternative energy fields. They may or may

not be residents of the state of Montana. The evaluations will

be done on an anonymous and confidential basis and the results

will be disclosed to the applicant upon request.

(2) The Alternative Energy Advisory Council (AEAC) will

meet after the reviews and evaluations are completed to discuss

each application and make recommendations to the Department.

(3) Due to the finite amount of funds available during

each evaluation and grant period, applications received for

consideration at that time will be compared for relative merit

as well as individual merit. The Department will then decide

which applications to fund. (History: Sec. 84-7410, R.C.M.

1947; NEW, MAC Not. No. 35-2-5; Order MAC No. 36-2-9; Adp.

2/6/76; Eff. 3/7/76.)

36-2 . 8 ( 1 3) -S8130 A'WARDI NG GRANTS - CRITERIA ( 1 ) A

grant awarded by the Department may cover a period not exceeding one (1) year, and the Department may not by law commit itself to spending funds anticipated to be available more than

36-14. 15E MONTANA AUMINI.STrJ--.TIVE CODE

A-12
36-2 . 8 ( 1 8

) - S 8 1 3 0 NATURAL

RESOURCES AND CONSERVATION

one (1) year after the grant period begins. The Department

may, however, issue letters of intent to renew projects which

require more than one year for completion if in the opinion of

the Department, the first year of work is successful and

achieves the goals established by the original application.

Applications for renewal will be evaluated in the normal evaluation manner and must compete with new applications for funding . (2) The Department may give preference to research

centers unattached to existing educational institutions where

several investigators can share supporting services. However,

this shall not be interpreted to prohibit the Department from

awarding grants to existing educational institutions or individuals.

(3) If a manufacturing project defined under the development type of application is successful, the applicant may be

required to repay the Department all or part of the funds qrant

ed.

(4) By law, all information resulting from research,

development, or demonstration projects funded by the Department

under the Act and these rules shall be made available to the

public and may not become the private property of or under the

exclusive control of any one company or person.

(5) The Department is under no requirement to expend or

commit available alternative renewable energy research, development and demonstration funds when in its judgment such expend

itures or commitments would be unproductive . (History: Gee.

84-7410, R, CM. 1947; NEW, MAC Not. No. 36-2-5; Order MAC No.

36-2-9; Adp. 2/6/76; Eff. 3/7/76.)

36-2. 8 ( 18)-S 81 40 CONDITIONS^ UNDER WHICH GR/vNTS MAY BE

USED AN D OTHER COND ITIONS "(1) Applicants 'shall enter into a contract grant agreement with the Department if funded, under

such terms and conditions the Department considers appropriate.

If the recipient feels that changes in the contract are

necessary at some later date, then those changes shall be

negoiated with the Department. If a satisfactory agreement

cannot be reached the contract and the funding may be terminated by the Department.

(2) Grant recipients shall subjp.it periodic progress

reports as specified by the Department, and shall submit final

reports to the Department within three (3) months following the

yearly grant period.

3C-14.15F . MONTANA ADMINISTRATIVE CODE

A-13
36-2.8 (18J-S814 0 NATURAL

RESOURCES AND CONSERVATION

(3) Grant recipients shall submit an itemized list of

expenses with each monthly or quarterly billing for payment.

(4) Grant recipients shall make oral or written presentations of progress if requested to do so by the Department.

(5) Funds granted under the terms of the Act and these

rules may be used only for the purposes outlined and described

in the application and approved by the Department,- and detailed

records shall be kept by the recipient for all expenditures.

Since the proposal budgets are initially estimated, some transfers up to 25% among the budget categories expenditures will be

allowed.

(6) The grant recipient shall maintain an accounting

system which adequately accounts for expenditures in a manner

acceptable to the Department. Records, expenditures, bookkeeping, etc. for funded projects are subject to audit by the Office

of the Legislative Auditor and the Department.

(7) Arrangements shall be made to assist, guide and inform the Department during on site investigations . The Department will make such investigations at its discretion. (History:

Sec. 84-7410, R.C.M. 1947 ; NEV7 , MAC Not. Mo. 36-2-5; Order MAC

No. 3 6-2-9; Adp. 2/6/7 6; Efl". 3/7/7 6.)

3 6- 2 . 8 ( 1 8 ) -

S

8 1 f» 0 PAYMENT OF GRANTS (1) Upon approval of

an application by the Department, funds will be set aside for

that particular project.

(2) Payments shall be made on a monthly or quarterly

basis against the balance of a given application's funds, upon

a request for payment by the recipient.

(3) Payments will be made only on valid project related

expenditures, and any balance of payment made at the end of the

one year's funding period shall be returned to the Department.

(History: Sec. 84-7410, R.C.M. 1S47; NEW, MAC Not. No. 36-2-5;

Ordcr MAC No. 36-2-9; Adp. 2/6/76; Eff. 3/7/76.)

36 -2. 8 (18)--S8 1G0 PROJECT ADMINISTRATION (1) The results

of all research, development or oemonstration projects shall be

made public record.

(2) Persons receiving demonstration funds may be required

to make their projects open to the public during reasonable

hours for a period of time specified by the Department.

(3} The Department may inspect and monitor all projects

on a regular basis, after completion of the project.

(4) The applicant may be required to maintain his funded

project during the monitoring period. (History: Sec. 84-7410,

R.C.M. 1947; NEW, MAC Not. No. 3G-2-5; Order MAC No. 36-2-9;

Adp. 2/6/76; Eff. 3/7/76.)

36-14. 15G MONTANA ADMINISTRATIVE CCZ"

A-14
A B - 1 3 STATE OF MONTANA

DEPARTMENT OF REVENUE

MONTANA

HB 663

APPLICATION FOR CLASS 8 ASSESSMENT OF THE INCREMENTAL INCREASE IN

VALUE ATTRIBUTABLE TO A CAPITAL INVESTMENT FOR AN ENERGY CONSERVATION PURPOSE IN THE BELOW DESCRIBED PROPERTY IN COMPLIANCE WITH

CH . NO. 548, LAWS OF 1975. IF APPROVED, THE INCREMENTAL INCREASE

IN VALUE WILL BE ASSESSED IN THE 15% CLASSIFICATION.

COUNTY

SCHOOL DISTRICT.

A RESIDENTIAL

NOTICE

THIS APPLICATION MUST BE COMPLETED AND

SUBMITTED TO THE COUNTY APPRAISER BEFORE THE FIRST DAY OF JANUARY.

COMMERCIAL INDUSTRIAL FARM

BUILDING OR MOBILE HOME LOCATED ON LAND LEGALLY DESCRIBED AS

HAS HAD THE FOLLOWING WORK DONE TO IT FOR ENERGY CONSERVATION PURPOSES

THE ABOVE CAPITAL INVESTMENT HAS INCREASED THE MARKET VALUE OF THE BUILDING IN THE AMOUNT OF $

SIGNATURE OF APPLICANT

ADDRESS

DATE

FOR THE COUNTY APPRAISER

APPLICATION RECEIVED ON THIS DATE

REAPPRAISED CLASS 4 FULL VALUE $

DATE CLASS 8 FULL VALUE $"

REMARKS:

APPRAISER SIGNATURE DATE

FOR THE DEPARTMENT OF REVENUE

APPLICATION FOR CLASS 8 ASSESSMENT HAS BEEN

APPROVED DENIED

REMARKS:

SIGNED DATE

A-15
AB- 14

MONTANA

HB 663

STATE OF MONTANA

DEPARTMENT OF REVENUE

APPLICATION FOR TAX INCENTIVE ASSESSMENT OF

ENERGY GENERATING PROPERTY

TO BE APPLIED TO THE APPRAISED VALUE OF CAPITAL INVESTMENTS IN RECOGNIZED NON-FOSSIL FORMS OF ENERGY GENERATION AS PROVIDED IN SECTION 84-7401-7406. NOTE - THIS APPLICATION MUST BE COMPLETED AND

SUBMITTED TO THE PROPERTY VALUATION DIVISION, DEPARTMENT OF REVENUE

,

HELENA, MONTANA BEFORE THE FIRST DAY OF APRIL.

CO UNTY DATE

NAME OF APPLICANT

ADDRESS

I/WE ASK TAX TREATMENT ALLOWED UNDER THE ABOVE ACT FOR THE FOLLOWING

INSTALLATIONS (GIVE BRIEF DESCRIPTION):

LOCATED ON LAND LEGALLY DESCRIBED AS

THE ENERGY GENERATING FACILITIES WERE INSTALLED AT AN ESTIMATED COST

OF BETWEEN THE FOLLOWING DATES

AND .

SIGNED BY OWNER OR AGENT

(ATTACH ADDITIONAL SHEETS IF MORE SPACE IS REQUIRED)

A-16
GREAT FALLS TKIBUN1

March 8, 19 76 — PROPERTY TAX SAVINGS

for CONSERVING ENERGY j Under House Bill 663, passed by the 44th Legislature and signed into law, certain , tax advantages are given to improvements in property which help conserve energy, as | well as for recognized nonfossil forms of energy generation. The new law took effect

J January 1, 1975, and covers any improvements or installations undertaken after that date '

The purpose of the act was to encourage the use of alternative energy sources and | the conservation of energy through incentive programs. These incentives will be made j available to the energy user on a basis requiring him to take the initiative in obtaining a particular incenlive.

PROPERTY IMPROVEMENTS THAT

CONSERVE ENERGY

Any capital investment made in im- provements to buildings or land for energy

conservation purposes falls under the act'. A designation of Class 8 (rather than Class

4) will be given to whatever amount the improvements increased the appraised val- ue, up to 20 per cent of the property's

valuation.

This applies to any building (including

a mobile home), whether the building is used for domestic, commercial, industrial or

agricultural purposes. The capital invest- ment can be any material or equipment

purchased and installed in the building or on the land, with or without improvements

Investment for an energy conservation purpose is defined as any investment re- sulting in the reduction of waste or dis- sipation of energy, or the reduction of the amount of energy required to accomplish a given quantity of work.

HOW TO APPLY FOR THE PROPERTY TAX REDUCTION

The property owner of record (or his agenr) must make application for assess- ment, in the Class 8 classification, of the increase in property valuation attributable

to a capital investment for an energy con- servation purpose. Application forms will be available in the office of the County

Appraiser.

The taxpayer must complete his portion

of the form and return it to the Appraiser

who will, upon investigation, decide if a reappraisal of the property is necessary.

If found necessary, the appraisal will be

made from the cost manual used for similar property in the area. He will estimate

the amount of the increase in value attrib- utable to the capital investment for energy

conservation purposes, and show the amount as a separate figure on his property record card

The Department of Revenue will subse- quently approve or deny the application

for Class 8 assessment and return the application form to the County Appraiser.

If the application is approved, the Appraiser will notify the taxpayer of the new values, showing separately the portion of the full value to be assessed in Class 4 and the portion of the full value

to be assessed in Class 8.

RECOGNIZED FORMS OF NONFOSSIL

ENERGY GENERATION

Any capital investment by the taxpayer

in a recognized nonfossil form of energy

generation will be treated by the Depart- ment of Revenue as property exempt from

taxation, to the extent the appraised value

of the investment does not exceed $100,-

000, and Class 7 property for any portion

of the appraised value of the investment

that exceeds $100,000

This covers qualified systems for the

utilization of solar heat, wind, solid wastes,

or the decomposition of organic wastes,

for capturing energy or converting energy

sources into usable sources, and for the production of electric power from solid wood wastes. It also covers any small system for the utilization of water power

by means of an impoundment not over twenty (20) acres in surface area. Energy generation tax advantages are

limited to persons and firms not primarily

engaged in the provision of gas or electricity derived from fossil fuel extraction or conventional hydroelectric development;

and a ceiling has been set of $100,000 in tax savings per year to any one person or

firm.Application forms for the tax advantages

to nonfossil energy generation are avail- able from the Department of Revenue. It should be noted that these applications

may be reviewed by the Montana Depart- ment of Natural Resources and Conservation.

Further information and appropriate forms are available from the

Property Assessment Division Montana Department of Revenue Sam W. Mitchell Building

Helena, Mt. 59601

- PAID FOR BY THE MONTANA DEPT OF NATURAL RESOURCES AND CONSERVATION UNDER SB 86 -

A-17
NEW HAMPSHIRE

HB 479

1

ASSESSING DEPARTMENT

CITY HALL • 41 GREEN STREET • 03301

John H. Ambrose

CHIEF ASSESSOR

SOLAR ENERGY SYSTEMS EXEMPTION CLAIM

1976

THIS APPLICATION MUST BE SIGNED AND FILED WITH THE ASSESSORS

ON OR BEFORE APRIL 15, 1976

I, the undersigned, herewith make application for real estate exemption on solar energy

heating or cooling system in accordance with the provisions of Laws of the State of New

Hampshire, RSA 72:62, as inserted by Chapter 391, Laws of 1975, and adopted by the City

of Concord on November 4, 1975.

I certify that I am the owner of real estate located at

in the City of Concord, in which solar system has been installed.

Year of installation:

Name of manufacturer of solar system:

Name and address of contractor (builder) who installed system:

Owner's statement of cost of installation of solar energy heating or cooling system:

Type of property in which system has been installed:

(Residential, Commercial, Industrial or Public Utility)

I , under the penalties of perjury do hereby

declare that, to the best of my knowledge and belief, the above statements are correct.

SIGNATURE

MA I L I NG

ADDRESS

A-18
NEW MEXICO

SB 120

NEW MEXICO

Solar Activity of Department of Development

(Under S . B . 120, 1975)

A. Past Act i v i t i es

(1.) Coordinated state exhibits (including operational

e q u i pme n t

)

a. Solar Energy Industries Association Exposition,

April 1975, Washington, D. C.

b. International Solar Energy Society Congress & Exhibition, July-August, 1975, Los Angeles,

California

c. Southwestern Legislative Energy Conference,

September 1975. Albuquerque, New Mexico

d. National Building Show, October 1975, Chicago,

Illinois

(2.) Developed audio-visual presentation ("Alternate Energy

in New Mexico") for in-state and national use.

(3-) Published Solar Flair .

(k.) Sponsored "Solar Energy Financing Symposium", February

1976, Albuquerque, New Mexico.

B. Continuing Activities

(5-) Conduct on-going inventory of solar energy projects in

New Mexico.

(6.) Solicit and promote commercial interest in broadening

New Mexico's production of solar energy equipment,

both in-state and nationwide.

(7-) Consult on a regional basis regarding the development

of standardization of solar system and equipment

efficiency and related matters tangent to consumer

protect i on .

(8.) Consult with other New Mexico state agencies regarding

their activities relating to solar energy (e.g.,

Bureau of Revenue, Environmental Improvement Agency,

Energy Resources Board).

(9-) Perform liaison function between state government and

state and federal programs, and local alternate energy

organizations, manufacturers and individuals.

A-19
MISCELLANEOUS

NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

RESEARCH IN NEW ENERGY TECHNOLOGIES COMPATIBLE

WITH ENVIRONMENTAL AND SOCIAL GOALS

Chapter 864 of the Laws of 1975 restructured the

Atomic and Space Development Authority into the

Energy Research and Development Authority. The Act

changed a mandate which previously emphasized concentration on nuclear development and space activities into a policy that focuses on the development of alter- nate sources of high yield, low cost energy. The development of new energy technologies by this State aeency

will serve to expand existing energy sources and will enhance the State's efforts to encourage the location of industry and the creation of jobs in New York.

The research performed under auspices of the

Authority Is financed from a State first instance appropriation. This cost is reimbursed through a charge

levied against the State's gas and electric companies in accordance with section 18-a of the Public Service Law.

Projects are selected and developed with the aid of the Authority's Research Committee. The Committee is presently composed of the Chairman of the Public Service Commission and representatives of the State's business and academic communities who are experts in the field of energy research. From 1972 until it was restructured in 1975, the

Atomic and Space Development Authority conducted

research projects that emphasized aspects of eiectric power Supply relevant to environmental protccticr.. The

program was initiated in 1972 with a first instance appropriation of $.500,000 and in subsequent years was sup- ported with a total of $5 ,890, 000 in additional appropriations.

Noteworthy result* have been achieved since inception

of the Research program. For example: — Through the Authority's efforts, spray pond cool- ing of waste heat from electric power plants was

found to be feasible under conditions prevalent in New York State. — The Authority and the Federal government have

jointly sponsored operations of a statewide seismic

monitoring network, utilizing the Lamont-Doherty

Geological Laboratory at Columbia University.

Initial findings indicate a low seismic risk in selected test areas. Such findings are necessary for the siting of nuclear power plants. — Significant advances have occurred in laser fusion

research at the University of Rochester. The ex- amination of k-er fusion as a potential source of

electric power is aided by a grant from the Authority's research funds. In addition, $7,500,000 was appropriated in 1975 from the Capital

Construction Fund, in the first instance, to support

the construction of a laboratory facility at the

University to rad this research. Projects recommended for 1976-77 have been

regrouped into new categories entitled Research.

Development and Demonstration. Research activities inplndp Uhnrntnry nr information Catherine studies while

Development activities involve feasibility analyses

leading to future capital projects and demonstration activities may include the construction or modification of capital facilities.

Appropriated Recommended

for 1975-76 for 1976-77

Maintenance undistributed for the

performance of research in new

energy technologies compatible

with environmental and social goals

Change

Sl,970,000 S6,390,C00 +S4,420,000

568

A-20
Summary of Appropriations and Changes

1976-77

Recommended

Amount Change

Research

Basic Research-New Energy Technologies $600,000 +$350,000

Energy Information Svstem and Technology

Assessment * 800,000 +620,000

Environmental, Health and Safety Research ... . 600,000 +25,000

Projects Completed or Discontinued —175,000

Development

Integrated Energy Supply and Utilization

System .*. 450,000 +325,000

Power from Solid Wastes 300,000 +200,000

Coal and Solid Waste Gasification 300,000 +275,000

Laser Fusion Feasibility 340,000

Utilization of Byconversion Technologies 200,000 +200,000

Sulfur and Other Fuel Pollutant Extraction

Technologies 100,000

Projects Completed or Discontinued —100,000

Demonstration

Solar Heating and Cooling 1,500,000 +1,500,000

Solar and Wind Energy Conversion 400,000 +400,000

Energy Conservation and Storage . 800,000 +800,000

Total Fiscal Year —

$6,390,000 +S4.420.000

STATE PURPOSES—FIRST INSTANCE

SUMMARY OF APPROPRIATIONS AND CHANGES

1976-77 RECOMMENDED

Total Personal Servico

Program

Comprehensive Planning and Technical Studies

.

Recom- mended

$11,604,000

Unange

-$297,765

Recoo- menaed

$3,302,000

Change

-$47,765

Nonpereonal Service

Recom- mended

$8,302,000

Change

-S250.000

STATE PURPOSES—FIRST INSTANCE

SUMMARY OF PERSONAL SERVICE APPROPRIATIONS AND CfiA::3ES

1976-77 RECOMMENDED

No. Amount Change

Full-time Positions 214 $3,158,786

Annualization of 1975-76 Increments 12,214 +$12,214

Ideational Pay 35,000 -6,000

Overtime Compensation 5,000

Temporary Service 376,000 -106,000

Additional Compensation for 1975-76 —40,250

Personal Service Savings -285,000 +92,271

Total 214 $3,302,000 -$47,765

569

A-21
SOUTH DAKOTA

SB 283

CLAIM FOR SOLAR HEATING AND COOLING ALLOWANCE

TO THE COUNTY AUDITOR COUNTY.

The undersigned being the owner of the within described real property certifies that he has attached or

caused to be attached to such property which is used primarily for residential purposes, a solar heating

or cooling system as the same is defined by SDCL 10-6-35.5.

Description of property: Lot Block _

Plat or Addition City of

.

Claim is herewith made for the deduction allowed from the full and true value thereof by SDCL

10-6-35.6, for the current year.

/ certify that the above statement has been examined by me and to the best of my knowledge and belief is a true and

correct return.

Dated this day of 19

Taxpayer must sign here

VERIFICATION BY ASSESSOR

I certify that the full and true value of the above described property is as follows:

Full and true value with solar system $

Full and true value without solar system $ .

Net Difference $ .

Assessor, Director of Equalization

ACTION BY THE COUNTY AUDITOR

Pursuant to SDCL 10-6-35.7, the assessed valuation of the above described property will be reduced by the net

difference certified by the Assessor or $2,000, whichever is the lesser, converted to taxable value and entered on

the current tax rolls as a reduction of taxable valuation in the amount of S

NOTE: File between November 1 and December 10

Original and one carbon to be filed with County Auditor

SD Rev PT 8 9-75

A-22
APPENDIX B

STATE LEGISLATION

ARIZONA Page

SB 1011 B-l

SB 1018 B-2

SB 1231 B-5

CALIFORNIA

AB 1575 B-9

(four pages out of 42)

COLORADO

SB 50 B-13

SB 75 B-16

SB 95 . B-18

FLORIDA

SB 721 B-20

SB 158 B-21

HAWAII

SB 1586 B-22

ILLINOIS

HB 164 B-24

INDIANA

SB 223 B-26

IOWA

SF 289 B-27

MAINE

SP 549 B-29

MARYLAND

HB 1604 B-33

NEVADA Page

SB 552 B^48

NEW HAMPSHIRE

HB 479 B-49

NEW MEXICO

SB 1 (Special Session) .... B-51

SB 120 B-52

HB 395 B-55

NEW YORK

AB 8620 B-57

NORTH CAROLINA

SB 375 B-73

NORTH DAKOTA

SB 2439 B-76

OHIO

Amended Substitute HB 584 . . B-77

(eight pages out of 42)

OREGON

HB 2036 B-85

HB 2202 B-90

SOUTH DAKOTA

SB 283 b-93

TEXAS

HB 546 b-94

(two pages out of 49)

VIRGINIA

HB 1809 B-96

MICHIGAN

HR 129 B-35

MONTANA

SB 86 B-36

HB 663 B-42

B-0
r
ARIZONA SB 1011

Qfo g3 32nd LEGISLATURE

INCOME TAX—SOLAR ENERGY—EXPENDITURES,

AMORTIZATION

CHAPTER 93

SENATE BILL 1011

%

Ait Act relating to taxation of Income; providing tor tax deduction for In- stallation of solar energy devices, and amending section 43-12X37, Art-

• zona Revised Statutes.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 43-123.37, Arizona Revised Statutes, is amended to read:

I 43-123.37. Election to amortize expenditures Incurred In the acquisition of any solar energy device designed to produce heat or elec- tricity

(a) General Rule. Any taxpayer may elect to amortize the adjusted basis of any solar energy device, whether for residential, commercial, industrial or governmental installations or experimental or demonstration projects, designed to produce heat or electricity based upon a i>eriou of sixty months. -In computing net income, such amortization shall be allowed as a deduction

ratably over the period allowed under this subsection beginning with the month in which such device is completed or acquired and is placed in service by the taxpayer. This election shall be indicated by the taxpayer in an ap- propriate statement in the taxpayer's income tax return for the taxable year

of the acquisition or completion and placement in service of such device. An

election to discontinue amortization with respect to the remainder of the amortization period is permitted and shall be indicated by an appropriate statement in the taxpayer's income tax return for the taxable year of aiscontlnuanee.

(b) Deduction in lieu of depreciation. The deduction provided" "under sub- section (a) shall be in lieu of any allowance for the exhaustion, wear and

tear of property used in a trade or business, or of property held for the pro- duction of income, including a reasonable allowance for obsolescence as pro- vided under § 43-123.14.

(c) Determining the adjusted basis. In determining the adjusted basis for the purposes Of subsection (a), such device, shall include only an amount that

Is properly attributable to the construction, reconstruction, remodeling, in- stallation or acquisition of such device.

(d) Definition. In this section ana J 4^-123.01, "Solar energy device" means a system or" a series of mechanisms designed primarily to provide

heating, to provide cooling, to produce electrical power, to produce mechanical

.power, or any combination thereof, by means of collecting and transferring

solar-generated energy into such uses and which also may have the capability of Storing such energy for future utilization. Approved by the Governor, May 22, 1975. Filed In the Office of the Secretary of State, May 23, 1975.

Changes or additions In text are Indicated by underline

B-1
ARIZONA SB 1018

FIRST REGULAR SESSION—1975 Ch. 20

SOLAR ENERGY—RESEARCH ; DEVELOPMENT

CHAPTER 20

SENATE BILL 1018

An Act relating to slat* government; establishing a solar energy research commission; providing for an executive director of the commission; de- scribing powers and duties; repealing title 41, Ahapter 3, article 6, Arizona Revised Statutes; amending title 41, chapter 3, Arizona Revised

Statutes, by adding a new article 6; making an appropriation, and

providing for expiration date.

Beit enacted by the Leyislature of the State of Arizona:

Section I. Repeal

Title 41, chapter 3, article 6, Arizona Revised Statutes, is repealed.

Sec 2. Title 41. chapter 3, Arizona Revised Statutes, is amended by

adding a new article 6, to read

:

ARTICLE 6. SOLAR ENERGY RESEARCH COMMISSION

I 41-571. Definitions In this article, unless tho context otherwise requires: '

1. "Advanced alternate energy system" means an energy generation

system utilizing noiinolluting, renewable energy sources including, but not

limited to, solar energy sources.

2. "Commission" mean!! the solar enerzy research commission.

3. "Executive director" means the executive director of the solar energy

research commission.

4. - "Institute" means the national solar energy research institute.

5. "Intermediate solar energy sources" include, but are not limited to. fuels or energy derived from wind, sea thermal gradients, products of photosynthetic processes, organic wastes and the combination of such fuels or energy with waste or process heat.

6. ."Solar energy" means energy wh ich has recently originated In the

aun. Including, hut not limited to, direct and indirect solar radiation and

intermediate solar energy sources.

I 41-372. Solar energy research commission; members; vacancies; appoint- ment; compensation; meetings

A. There la established a solar energy resourch commission consisting of the following members:

1. The chairman of the Arizona power authority.

2. A memher of the faculty at Arizona State University, who shall be

appointed by the governor.

3. A memher of the faculty at the university of Arizona, who shall be appointed by the governor.

4. A memher of the faculty at northern Arizona university, who shall be appointed by the governor.

delations by el fl keew t s 47

B-2
Ch. 20 32nd LEGISLATURE

5 Eleven additional persons, appointed l.y the governor, who shall cither

be~"kiiowleducahle of" s|H-<ific solar energy technologies or representatives

of "priv ate industry involved in the implication of solar energy to commercial, ind ustrial or residential use.

6. The president of t he Arizona senate and the speaker of the house of

representatives or their re presentatives, shall lie ex officio mernliers.

B. Appointments made by the governor shall he for a term which expires

on the termination date of this article. Appointment to fill a vacancy shall

be made pursuant to the provisions of § .'KS-211.

C. Members of the commission serving by virtue of their office shall

serve without compensation. Appointed meml>ers shall receive comrgnfiation as determined pursuant to ji 3S-C.11 for each day of attendance upon

meetings.

O. The chairman of the commission shall be selected by the governor from among the members.

£. The commission shall meet upon call of the chairman.

I 41-573. Executive director; appointment; employees; compensation

A. There shall be an executive director of the commission who shall

be appointed by the governor pursuant to jj 38-211.

B. The executive director shall be resi>onsible for the administrative

functions of the commission an d shall implement policies as directed by the commission.

C. The executive director may employ such clerical and technical assistants

as are necessary to carry out the policies of the commission.

~~ D. Compensation for the executive director and other employees of fhp

commission shall be established pursuant to § 38-611.

{ 41-574. Powers and duties The executive director, in consultation with the solar energy research commission, shall:

1. Initiate and develop a systematic plan designed to meet all of the re- quirements of a national solar energy research institute pursuant to the United States Solar Energy Research and Demonstration Act of 1074.1

2. Cooperate, when in the best interests of the state, with all federal government agencies responsible for implementation of the United States Solar Energy Research and Demonstration Act of 1074 to coordinate and

encourage the support of all solar and advanced alternate energy systems

research, development and demonstration in order to encourage the final decision to locate such institute within this state.

3. Encourage efforts by research institutions, local government institu- tions and home builders in obtaining technical and financial support from

the federal government for their activities in solar and advanced alternate energy systems.

4. Collect, assemble and analyze information and data relating to solar energy technology, including the following:

(a) Federal legislation and federal agency sponsored programs and

projects.

4g Changes or additions In text are Indicated by underline

B-3
FIRST REGULAR SESSION—1975 Ch. 20

(b) Legislation enacted anil proem mK or projects undertaken by this state and oilier states.

' <c) Projects undertaken or to lie undertaken by private firms and nonprofit

institutions, foundations and laboratories.

(d) Innovations and uses developed by other countries.

5. Identify and describe the solar energy technologies that are feasible and practical in terms of short term application of retrofit, new construction and conservation projects within five years.

6. Identify and describe lone ranee programs that are feasible and re- quire significant technological development. Programs having similar tech- nological gradients shall be formulated to encompass the period of time from

the present through the year 'M'M.

7. Recommend an organizational structure for the institute that will provide the functional properties necessary to execute the development or

research requirements, analysis of federal contract plans, identification or

educational curricula requirements, legislation emphasis and data collec- tion needs of the institute.

8. Encourage the cooperation and direct involvement of academic business, professional and industrial sectors that are determined to have special expertise or knowledge of solar energy technology.

0. Prepare interim reports and submit copies thereof to the legislature

and the governor during June, 107,"). June, 1!)7C and June, 1977 and a final report during December, 1978. Such reports shall include specific recom- mendations necessary for the support of the Institute and any of its satellites.

10. If Arizona is selected as a site for the institute, fully cooperate for

the provision of a suitable permanent site and transitional needs during the time the institute facilities are under construction.

1. 42 U.S.C.A. | 5651 et seq. Sec 3. Appropriation; lapsing

• A. The sum of seventy-five thousand dollars is appropriated to the solar energy research commission to carry out the purposes of this act. B. The appropriation made by subsection A of this section Is exempt

from the provisions of 5 35-190, Arizona Itevised Statutes, relating to lapsing of appropriations, except that all monies remaining unencumbered or unexpended on December 31, 1978 shall revert to the general fund.

See. 4. Expiration of act The provisions of this act shall expire and the commission established by it shall terminate on December 31, 1978.

Sec. 5. Emergency

To preserve the public peace, health and safety it is necessary that this act become immediately operative. It is therefore declared to be an emergency measure, to take effect as provided by law. Approved by the Governor, May 8, 1975. Filed in the Office of the Secretary of State, May 9, 1975.

deletions by et rl keewle 49

1 ArU.Lcj.Scn. '75—

6

B-4
ARIZONA SB 1231

Ch. 165 31st LEGISLATURE

TAXATION—VALUATION; SOLAR ENERGY

CHAPTER 165

SENATE BILL 1231

An Act relating to taxation and taxation of Income^ prescribing powers and

duties of the department of revenue; prescribing tax benefits for In- stallation of solar energy device designed to produce heat or electricity;

' amending title 42, chapter I, article 2, Arizona Revised Statutes, by adding

section 42-123.01, and amending title 43, chapter I, article I, Arizona

Revised Statutes, by adding section 43-12337.

Be it enacted by the Legitlature of the State of Arizona:

Section 1. Title 42, chapter 1, article 2, is amended by adding section

42-123.01, Arizona Revised Statutes, to read:

I 42-123.01. Alternate powers and duties of department

A. Notwithstanding the provisions of § 42-123 and until December 31, 1984, the department shall:

1. Exercise general supervision over county assessors In the administration of the state property tax laws of the state for the purpose of insuring

that all property is uniformly valued for state property tax purposes.

2. Prescribe rules and regulations relating to tne enforcement of the powers and duties of the department under the provisions of this title.

3. Require the use by the county assessors of prescribed forms for the

listing and valuing of property for tax purposes, the reporting of chancres

in valuations and for such other purposes as may be required by the department under the provisions of this title.

4. Require county assessors to maintain uniform maps and records.

5. Adopt standard appraisal methods and techniques for use by the de- partment and county assessors in determining the valuation of property, and

.prepare and maintain manuals and other necessary guidelines reflecting

such methods and techniques in order to perpetuate a current inventory of

all property subject to taxation and the valuation thereof. In the standard

appraisal methods and techniques adopted current usage shall be included

In the formula for reaching a determination of lull cash value and when

the methods and techniques adopted prescribe the use of market data as an

Indication of market value, the price paid for future, anticipated property

value Increments and any solar energy device, as defined in subdivision (d) of g 43-123.37, shall be excluded! -

6. Require the county assessors to meet with the director at the state

capitol, or at a place designated by him, at least twice a year for the purpose

of considering matters relating to property taxation. The traveling expenses

of assessors in attending such meetings shall be paid by the respective counties

7. Investigate property valuations and any matters relating to property

taxes and require the production of any private or public record relating

Changes or additions In text arc Indicated by underline 698

B-5
SECOND REGULAR SESSION—1974 Ch. 165

to such valuations or property taxes. The director or his agent may enter upon and examine any and all property within the state for the purpose ot determining Its full cash value and require any officer whose duties relate to the assessment or collection of taxes to report to him at such time and In such manner as he prescribes. In the event the owner or possessor of prop- erty refuses entrance to the director or his agents, the valuation of' such

property may be estimated by the director.

8. Require the use by county assessors of such a data processing system

as the department may prescribe, provided that any county assessor having

a data processing system compatible with the system prescribed by the de- partment may continue to use his own system as long aa it is coordinated

with the system prescribed by the department.

9. Contract with the counties to furnish electronic data processing equipment in Instances where the counties do not have the equipment necessary to meet the requirements of the department

• -10. Furnish assistance to the county assessors In order to Implement placement on the rolls of the valuations determined under article 2.1 of this chapter and to assure a uniform valuation of all property throughout the state for property tax purposes, including but not limited to the providing of

services of department personnel to the counties, provided that subsequent to June 30, 1968 the cost of providing the services of department personnel to the counties shall be charged to the county served.

11. Furnish the state board with such information as it may request.

12. At such time as the state acquires from the national aeronautics and

space administration orthophoto base maps for use by all departments of Arizona state government and others in need of such maps, charge for duplication and sale of these maps and deposit such revenues in the state general fund.

B. The department may:

1. Examine into all alleged violations of the provisions of this title re- lating to the valuation of property and the assessment and collection of taxes and request the attorney general or the county attorney in their respective counties to commence -vnd prosecute actions and proceedings or to represent

counties to commence and prosecute actions and proceedings or to represent

the department in litigation to enforce the laws relating to taxation and orders, or the rules and regulations of the department. When in the opinion

of the director and in the opinion of the attorney general or the county at- torney in which the public official serves, a public official, who performs

valuing, taxing or equalizing functions, is guilty of official misconduct or

neglect of duty, the director shall take whatever steps are necessary to .in- sure that complaints are filed and prosecutions commenced against such officials for their removal from office. A complaint by the director charging

official misconduct or neeiect of duty of a public officer shail be delivered

to the county attorney or to the attorney general who shall file the original

with the superior court in the county in which the puDlic official serves and

cause a copy thereof to be served upon such public official. Proceedings npdeletlon* by s t ri k eo ut ; f>QQ

B-6
Ch. 165 31st LEGISLATURE

on such complaints shall be In accordance with the provisions of subsections B and C of

j 38-542, and fj( 38-343 and 38-345.

2. Study the tax systems of other states.

3. Employ technical experts and assistants and make contracts for services as may be required to carry out its duties.

4. Appoint advisory committees representative of various classes of property.

5. Request the attorney general to Initiate a mandamus action if any as- sessor falls to follow any regulation, rule, order or direction of the director or the department or if the director determines that an assessor, or a county

board of equalization has prncticed discrimination in the valuation of property. For the purposes of this section, county boards of equalization and

the county assessors are state officers within the meaning of article 6, section 5 of the constitution of Arizona.

6. Contest any proposed valuation or classification or any proposed

Change in valuations or classifications before any county board of equalization or before the state board of tax appeals. If any decision of any county

board of equalization or of the state board of tax appeals is, in the opinion

of the director, erroneous, the director may appeal such decision to the su- perior court in the manner provided in § 42-151, on or before the final date a taxpayer may file an appeal from the valuation or classification of his property.

7. Sell contact prints of any national aeronautics and space administration orthophoto base maps acquired by the department and deposit such

revenues in the state general fund.

Sec. 2. Title 43, chapter 1, article 1, Arizona Revised Statutes, is amended

by adding section 43-123.37 to read:

I 43-123.37. Election to amortize expenditures Incurred In the acquisition of any solar energy device designed to produce heat or elec- tricity

(a) General Rule. Any taxpayer may elect to amortize the adjusted basis of.any solar energy device designed to produce heat or electricity based upon

a period of sixty months. In computing net income, such amortization shall be allowed as a deduction ratably over the period allowed under this subsection beginning with the month in which such device is completed or acquired

and is placed in service by- the taxpayer. This election shall be indicated by

the taxpayer in an appropriate statement in the taxpayer's Income tax return

for the taxable year of the acquisition or completion and placement in service of such device. An election to discontinue amortization with respect to the remainder of the amortization period Is permuted and shall be indicated by an appropriate statement in the taxpayer's Income tax return for the tax- able year of discontinuance.

(b) Deduction In lieu of depreciation. The deduction provided under subsectlon (a) shall be in lieu of any allowance for the exhaustion, wear and

tear of property used in a trude or business, or of property held for the pro- 700 Changes or additions In text are Indicated by underline

B-7
SECOND REGULAR SESSION—1974 Ch. 166

duction of income, including a reasonable allowance for obsolescence as pro- vided under § 43-123.14.

(c) Determining the adjusted basis. In determining tbe adjusted basis

for tbe purposes of subsection (a), such device, shall include only an amount

that is properly attributable to the construction, reconstruction, remodeling,

installation or acquisition of such device.

(d) Definition. In this section and j 42-123.01, "Solar energy device" means a system, or a series of mechanisms designed primarily to provide

heating, to provide cooling, to produce electrical power, to produce mechanical

power, or any combination thereof, by means of collecting and transferring

solar-generated energy into such uses and which also may have the capability of storing such energy for future utilization.

Sec. 3. Effective date The provisions of this act shall become effective retroactive to the tax- able year beginning from and after December 31, 1973.

Sec. 4. Expiration date The provisions of this act shall expire with the taxable year beginning

from and after December 31, 1984. Approved by the Governor, May 15, 1974. Piled in the Office of the Secretary of State, May 15, 1974.

B-8
CALIFORNIA AB 1575

(4 panes out of /, 2)

Assembly Bill No. 1575

CHAPTER 276

An act to amend Section 21100 of, and to add Division 15

(commencing with Section 250!X)) to, the Public Resources Code,

and to repeal Chapter 11 (commencing with Section 19870) ofPart

3 ofDivision 13 of the Health and Safety Code, relating to energy

resources.

[Approved by Governor M;iy 21, 1974. Filed with

Secretary of State May 21, 1974]

LEGISLATIVE COUNSEL'S DIGEST

AB 1575, Warren. Energy resources. Requires specifically that an environmental impact report prepared pursuant to the Environmental Quality Act of 1970 include a statement of measures to reduce wasteful, inefficient, and unnecessary consumption of energy.

Enacts the Warren-Alquist State Energy Resources Conservation

and Development Act. Declares legislative findings relating to energy resources. Establishes the State Energy Resources Conservation and Development Commission and prescribes its membership, powers, and

duties.

Provides for forecasting and assessment of energy demands and

supplies, and for conservation of energy resources by designated

methods.

Requires, with exceptions, that power sites and facilities, as defined, be certified by the commission, as prescribed.

Requires the commission to develop and coordinate a program of

research and development in energy supply, consumption and conservation and the technology of siting facilities. Prov ides for development of contingency plans to deal with possible shortages of electrical energy or fuel supplies.

Imposes various fees and requires the money to be deposited in the

State Energy Resources Conservation and Development Special Account, which is established in the General Fund. Requires that

money from such account be expended for purposes of carrying out

the provisions of this act, when appropriated by the Legislature in the Budget Act. Deletes designated provisions providing for the establishment of

energy insulation regulations for residential buildings, with deletion

to be operative on the date one year after the date the commission

adopts regulations pertaining to such subject matter. Provides that there shall be no reimbursement pursuant to Section

2231 of the Revenue and Taxation Code noi shall there be any appropriation made by this act, for specified reasons.

2 1575 30 14

B-9
Ch. 276 — 16 —

Chapter 5. Energy Resources Conservation

25400. The commission shall conduct an ongoing assessment of

the opportunities and constraints presented by all forms of energy.

The commission shall encourage the balanced use of all sources of

energy to meet the state's needs and shall seek to av»id possible

undesirable consequences of reliance on a single source of energy.

25401. The commission shall continuously carry out studies,

research projects, data collection, and other activities required to

assess the nature, extent, and distribution of energy resources to meet the needs of the state, including but not limited to, fossil fuels and solar, nuclear, and geothermal energy resources. It shall also carry out studies, technical assessments, research projects, and data

collection directed to reducing wasteful, inefficient, unnecessary, or uneconomic uses of energy, including, but not limited to, all of the

following:

(a) Pricing of electricity and other forms of energy.

(b) Improved building design and insulation.

(c) Restriction of promotional activities designed to increase the use of electrical energy by consumers.

(d) Improved appliance efficiency.

(e) Advances in power generation and transmission technology.

(f) Comparisons in the efficiencies of alternative methods of

energy utilization. The commission shall survey pursuant to this section all forms of

energy on which to base its recommendations to the Governor and

Legislature for elimination of waste or increases in efficiency for sources or uses of energy. The commission shall transmit to the

Governor and the Legislature, as part of the biennial report specified

in Section 25309, recommendations for state policy and actions for the orderly development of all potential sources of energy to meet

the state's^ needs, including, but not limited to, fossil fuels and solar,

nuclear, and geothermal energy resources, and to reduce wasteful

and inefficient uses of energy.

25402. Within 18 months after the effective date of this division,

the commission shall, after one or more public hearings, do all of the

following, in order to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy:

(a) Prescribe, by regulation, lighting, insulation, climate control

systems, and other building design and construction standards which

increase the efficient use of energy. Such standards shall be

economically feasible in that the resultant savings in energy

procurement costs shall be greater than the cost of the energy

conserving requirements amortized over the economic life of the

building. In prescribing standards for insulation, the commission

shall take into consideration the siandards developed pursuant to Chapter 11 (commencing with Section 19870 1 of Part 3, Division 13 of the Health and Safety Code, which standards shall only be

2 1575 321 75

B-10
— 17- Ch. 276

operative until the date one year after the date that the commission

adopts regulations for energy insulation for residential buildings

pursuant to this subdivision. One year alter the commission adopts

the regulations pursuant to this subdivision, no city, county, city and

county, or state agency shall issue any building permit unless the

standards prescribed by the commission pursuant to this section are

satisfied. Whenever the provisions of this subdivision and the

provisions of Chapter 11.5 (commencing with Section 19S78) of Part

3 of Division 13 of the Health and Safety Code, as to adoption and

enforcement of standards for ' nonresidential buildings" as defined

by Section 19878.1 of the Health and Safety Code, are in conflict, the

commission shall be governed by the provisions of such chapter of

the Health and Safety Code to the extent of such conflict. (b) Recommend per unit energy requirement allotments based on square footage for various classes of buildings which would reduce

the growth rate of electrical energy consumption and which are

technically feasible and will provide adequate safeguards for public

health, safety, and welfare. No city, county, city and county, or state agency shall issue any permit for the construction of any building

unless the applicant certifies that consideration has been given to such energy requirement allotments, which certification shall include a statement specifying the extent to which conformance

with the relevant recommended allotment will be achieved.

(c) By regulation, prescribe standards for minimum levels of

operating efficiency, based on a reasonable use pattern, for all appliances whose use, as determined by the commission, requires a

significant amount of energy on a statewide basis. Such minimum

levels of operating efficiency shall be based on feasible and attainable

efficiencies or feasible improved efficiencies which will reduce the

electrical energy consumption growth rate. One year after the date

of the adoption of such standards, no new appliance may be sold or

offered for sale in the state which is not certified by the manufacturer

thereof to be in compliance with such standards. Such standards shall be drawn so that they do not result in any added total costs to the consumer over the designed life of the appliances concerned.

(d) Recommend minimum standards of efficiency for the

operation of any new facility at a particular site which are technically

and economically feasible. No site and related facility shall be

certified pursuant to Chapter 6 (commencing with Section 25500) of

this division, unless the applicant certifies that standards

recommended by the commission have been considered, which

certification shiil include a statement specifying the extent to which

conformance with the recommended standards will be achieved.

Whenever the provisions of this section and the provisions of

Chapter 11.5 (commencing with Section 19.'<78) of Part 3 of Division

13 of the Health and Safety Code are in conflict, the commission shall be governed by the provisions of such chapter of the Health "and Safety Code to the extent of such conflict.

2 1575 345 80

B-ll
Ch. 276 —36 —

a special fund in its budget for the reimbursement of costs incurred

by local agencies.

25539. In reviewing notices and applications for certification of

modifications of existing facilities, the commission shall adopt rules

and regulations as necessary to insure that relevant duties pursuant

to this division are carried out. 25540. If a person proposes to construct a geothermal powerplant

and related facility or facilities on a site, the commissisn shall not

require three alternative sites and related facilities to be proposed in the notice. In considering the proposed construction of a geothermal

powerplant and related facilities on a site, the commission shall issue

its findings on the notice as specified in Section 25516 within nine

months from the date of filing of such notice, and shall issue its final and decision on the application as specified in Section 25523 within

nine months from the date of filing of the application for

certification, or at such later time as is mutually agreed by the

commission and the applicant or person submitting the notice.

25541. The commission may exempt from the provisions of this chapter thermal powerplants with a generating capacity of up to 100

megawatts and modifications to existing generating facilities which

do not add capacity in excess of 100 megawatts, if the commission

finds both of the following:

(a) No substantial adverse impact on the environment or energy

resources will result from the construction or operation of the

proposed facility or from the modifications.

(b) Generating capacity will not be added which is substantially

in excess of the forecast of electrical energy demands adopted

pursuant to subdivision (b) of Section 25309. 25542. In the case of any site and related facility or facilities for which the provisions of this division do not apply, the exclusive

power given to the commission pursuant to Section 25500 to certify

sites and related facilities shall not be in effect.

Chapter 7. Research and Development

25600. The commission shall develop and coordinate a program

of research and development in energy supply, consumption, and

conservation and the rchnology of siting facilities and shall give

priority to those forms of research and development which are of

particular importance to the state, including, but not limited to, all of the following:

(a) Methods of energy conservation specified in Chapter 5

(commencing with Section 25400)

.

(b) Increased energy use efficiencies of existing thermal electric

and hydroelectric powerplants and increased energy efficiencies in designs of thermal electric and hydroelectric powerplants.

(c) Exploration and accelerated development of alternative sources of energy, including geothermal and solar energy resources.

2 1575 6S5 159

B-12
I

1

COLORADO SB 50

382 SCHOOLS II — STATU UNIVERSITIES, Ch. 95

• COLLEGES, AND ACADEMIES

CHAPTER 95

SCHOOLS II — STATE UNIVERSITIES, COLLEGES, AND

ACADEMIES *

SCHOOL OF MINES — ENERGY RESEARCH INSTITUTE

SENATE BILL NO 50 BY SENATORS Schieffclin. Alhhotiw. ArJcrwn. Ball. C Brown. H. Brown. Calahrese. Cisncren Darbv. Ep.urum. II Fowler. L. Fowler, (iarnxv. Jackson. Lmit M .Cvrrp'ik. Ma«ari Minister. Monk. Parker. Pl;wk. Kuiund, Sliocmakcr. Slocklon. Slnckla.nJ. tu\\M. and Wunv.h: »l*o K!.l'.": \I STATIViS F-er.tress. Racr Benuvide/. UefJck-*.

Bi*h?p. Holey EJrvir.:. liU'Ch-.::. B*.;r\. Ca;io". Coup". £VM—jl., . {luiernoie. Laser Kriclherry. Edmonds. Farley, I uhr. G-U;igher.G:ten. (jurm. Giist.-ifson. H.trnhn H.»>ev Hcr.-r-erecr. H.^r.. Kir-.c;;i. K.n*d koster. Kramer. Lamm, Lloyd. Luccru. McNeil. Masiari. Miller, Mivre. V.iilen. Mu'nson. O'Bri.in. (Vine Qmn.an. Roii. Sack. Safran. Sears. Showallcr. Smith. Sonnenberg. Spano. Taylor. Yaldc*. Webl). Wells, and Youriglund AN ACT

CREATING THE ENERGY RESEARCH INSTITUTE AT THE COLORADO SCHOOL OF

MINES, AND MAKING AN APPROPRIATION THEREFOR.

Be it enacted by the General Assembly of the State of Colorado:

Section 1. Article 9 of chapter 124. Colorado Revised Statutes 1963. as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW

SECTIONS to read:

124-9-19. Colorado energy research institute — creation. (I) There is hereby created at the Colorado school of mines the Colorado energy research

institute, referred to in this section as the "'institute*'. It is the intent of this section that the institute serve as a mechanism for the development and co-

' ordination of energy and energy-related minerals research programs including

programs at single state or private educational or research institutions and

multidisciplinary. interunivcrsity . government-university, and industry-university energy and energy-related minerals research programs and projects.

It is the further intent of this section that the institute provide the mechanism

for enhancing the development and promotion of energy and energy-related

minerals education programs in the state.

(2) The principal administrative officer of the institute shall be the president of the Colorado school of mines, and budgetary and fiscal procedures

and activities of the institute shall be under the supervision of the school

of mines. To meet fully the intent of this section, the principal administrative

officer, together with an advisory council on energy research formed pur- suant to section 124-9-20. shall be responsible for developing appropriate

administrative structure and process. These should be designed to insure that the institute accomplishes its purposes and becomes a state instrumentality

facilitating development and coordination among all programs and projects

concerned with energy and energy-related minerals research. The advisory

B-13
Ch. 95 SCHOOLS I! — STATI- UNIVERSITIES. 383

COLLEGES, AND ACADEMIES

council shall review proposals and expenditures, and when possible shall include representatives from the principal institutions or agencies in the stale which are directly involved in research or education associated with energy

and energy-related minerals. In addition, appointed members shall be familiar

with federal, industrial, and local government funding sources in these areas and should coordinate the dissemination of information necessary to facilitate the preparation of high quality proposals for research Jiom all concerned

institutions and agencies in the state.

(3) It is the duty of the institute to:

(a) Maintain liaison with the state to identify the important regional

energy and energy-related minerals problems, including their relationship to the use of the waters of the state;

(b) Inventory Colorado higher education faculty members and state organization employees with energy and energy-related minerals related research

experience and update this tabulation annually;

(c) Coordinate and promote the development of energy and energy-related

minerals research programs and projects in single or multiple disciplines at state and private educational and research institutions;

(d) Coordinate the development of interuniversity. industry-university,

and government-university energy and energy-related minerals research

projects;

(e) Coordinate the evaluation of the economic, social, medical, educational, and environmental impact of various energy and energy-related minerals policies;

(f) Develop and promote energy and energy-related minerals education

programs in the state.

(4) Any state agency making any proposal for funding research concerning energy or energy-related minerals shall be required to submit such pro- posal to the institute for comment. The institute shall make such comment

as is deemed appropriate to the investigator and the agency to which the

proposal was submitted within thirty days of its receipt of the proposal.

(5) The institute is hereby authorized to receive federal or private funds

for energy or energy-related minerals research projects for furthering the

purposes of the institute. Funds received shall be appropriated by the general

assembly with the exception of those funds received inquiring no siaie support directly or indirectly, which funds will be reported to the joint budget

comminee upon receipt.

124-9-20. Advisory council on energy and energy-related minerals

research. (1) There is hereby created the advisory council on energy and

energy-related minerals research consisting of eleven members. The primary

function of the advisor) commission is to establish general policy guidelines

for implementing the intent of this section and to regularly evaluate the

development of the Colorado energy research institute and its programs, in terms of overall objectives. The membership of the advisory council shall include four ex officio members as follows: The executive director of the

department of natural resources, the executive director of the Colorado

commission on higher education, the picsident of the university of Colorado,

B-14
384 SCHOOLS II — STATE 1'NTVERSITIES, Ch. 95

COLLEGES. AND ACADEMIES

and the president of Colorado state university or their respective designees:

and seven members appointed by the governor which shall include one member representing the mmmctallic mineral extractive or processing industry, one member representing the metallic mineral extractive or pt occssinq

industry, one member representing the energy utility industry, one member

representing environmental interests, one member representing the oil and

gas industry or the oil shale industry, and two members representing local government. One of the members of the advisory council shall be designated

by the governor as chairman.

(2) The term of each member of the advisory council appointed by the governor is three years. Of those members first appointed, two shall be

appointed for a term of one year, two for a term of two years, and three

for a term of three years. A member chosen to fill a vacancy arising otherwise

than by expiration of term shall be appointed for the unexpired term of the

member whom he is to succeed. A member of the advisory council is eligible for reappointment for one three-year terra.

(3) The advisory council shall advise and consult with the Colorado

energy research institute and make recommendations to assist in carrying out

the purposes of this article.

(4) Members of the advisory council shall serve without compensation but

are entitled to reimbursement of actual and necessary expenses incurred in the performance of their duties.

Section 2. Appropriation. There is hereby appropriated, to the Colorado

school of mines for the Colorado energy research institute, for the fiscal year

commencing July 1. 1974. the sum of two million eight hundred sixty thousand dollars (52.S60.000), of which nine hundred ten thousand dollars ($910,000) shall be out of any moneys in the state treasury not otherwise

appropriated, and one million nine hundred fifty thousand dollars (SI ,950.000)

shall be from federal funds for the following purposes:

Administration S 110,000 (7.0 FTE)

State research grants 650,000

Federal funds 1.950,000

One hundred academic one-year scholarships to be distributed where possible on a statewide geographic basis 66.000

Eighteen scholarships for demonstrated

need 18.000

Ten retraining fellowships 66,000

Where all qualifications for the above scholarships and fellowships are equal

among applicants, prcfeience will be given to Colorado residents who are veterans who served in the United States armed forces on active duty for any period between August 5, 1%4. through August 5. 1973. and who were

discharged or released from active duty under honorable conditions.

Section 3. Safety clause. The general assembly hereby finds, determines,

and declares that this act is necessary for the immediate preservation of the

public peace, health, and safety.

Approved: May 8. 1974

B-15
COLORADO SB 75

1975

SENATE BILL NO. 75. BY SENATORS Schieffelin, Anderson, Bishop,

Cooper, DeBerard, H. Fowler, Hatcher, Hughes, Jolinson, McCormick,

Smedley, Kunsch, Allshouse, Cisneros, Darby, L. Fowler,

Gallagher, Holme, Kadlecek, Kogovsek, MacManus, Minister,

Sandoval, Stockton, and Strickland; also REPRESENTATIVES Frank,

Bendelow, Brown, Burrows, DeMoulin, Dick, Durham, Elliott,

Flanery, Gaon, Hilsmeier, llobbs, Ilogan, Quinlan, Sprague, Taylor,

Waldow, and Witlierspoon.

CONCERNING THE VALUATION FOR ASSESSMENT OF SOLAR HEATING OR

COOLING DEVICES.

Be it enacted by the General Assembly of the State of Colorado :

SECTION 1. 39-1-104, Colorado Revised Statutes 1973, is

amended BY THE ADDITION OF A NEW SUBSECTION to read:

39-1-104. Valuation for assessment . (6) The valuation for

assessment of all solar heating or cooling devices attached to or

a part of any building Improvement shall be at an amount equal to

five percent of the actual value thereof as determined by the

assessor in accordance with the regulations of the property tax

administrator. For the purposes of this subsection (6) , solar

heating, solar hot water, or solar cooling devices shall include

all controls, tanks, pumps, heat exchangers, and other hardware

necessary to effect the installation of a solar heating or cooling system. Solar heating or cooling devices shall not

include walls or roofs unless those portions of the structure

shall be a part of those devices specifically designed into the

system to provide additional heating or cooling that would not

ordinarily be contained in a structure not designed or modified

to provide solar heating or cooling.

SECTION 2. 39-5-105, Colorado Revised Statutes 1975, is

Capital letters indicate new material added to existing statutes;

dashes through words indicate deletions from existing statutes and

such material not part of act.

B-16
amended to read:

39-5-105. Improvements valued separately - when . Improvements shall be appraised and valued separately from land,

except improvements on land which is used solely and exclusively

for agricultural purposes, in which case the land, water rip.hts,

and improvements shall be annraised and valued as a unit. IN

APPRAISING AND VALUING IMPR0VR-5LNTS ANY DEVICE Wlldl IS ATTAfl IHD

TO A BUILDING OR STRUCTURE OR MUCH IS AN INTEGRAL PART OF SUCH

STRUCTURE AND IS DESIGNED TO PROVIDE SOLAR HEATING OR COOLING

SHALL BE APPRAISED AND' VALUED SEPARATELY FROM SUG! BUILDING OR

STRUCTURE. SUCH SEPARATE APPRAISAL AND VALUATION SHALL BE MADE

UPON APPLICATION OF TIE OWNER OF THE IMPROVEMENT TO THE ASSESSOR.

THE PROPERTY TAX ADMINISTRATOR SHALL PROMULGATE REGULATIONS FOR

HE UNIFORM ADMINISTRATION OF THIS SECTION AND SHALL PROVIDE AN

APPROPRIATE APPLICATION FORM.

SECTION 3. Effective date - applicability . This act shall

take effect July 1*, 1975, and shall apply to tax years beginning

January 1, 1976.

SECTION 4. Safety clause . The general assembly hereby

finds, determines, and declares that this act is necessary for

the immediate preservation of the public peace, health, and

safety.

Fred E. Anderson Ruben A. Valdez

PRESIDENT OF SPEAKER OF TIE HOUSE

THE SENATE OF REPRESENTATIVES

Comfort W. Shaw

SECRETARY OF

THE SENATE

CHIEF CLERK OF THE HOUSE

OF REPRESENTATIVES

Evelyn T. Davidson

APPROVED

\

Richard D. Lamm

GOVERNOR OF THE STATE OF COLORADO

B-17
COLORADO SB 95

SENATE BILL NO. 95. BY SENATORS Schieffelin, Allshouse,

Anderson, Bishop, Cocper, DeEcrard, Holme, Hughes, Kadlecek,

McComick, Minister, and Stockton; also PvEFRESF? .TAT RTS Burrows,

Cantrell, Elliott, Fianer/, Frank, Gaon, Hilsmeier, Orten,

Shoemaker, and Taylor.

CONCERNING SOLAR EASEfENTS, AND PROVIDING FOR USE CREATION AND

CONVEYANCING THEREOF AM) THE RECORDATION AND CONTENTS OF THE

INSTRUMENT RELATING THERETO.

Be it enacted bv the General Assembly of the State of Colorado:

SECTION 1. Title 38, Colorado Revised Statutes 1973, as. amended, is amended 3Y THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 32.5

Solar Easements

38-32.5-101. Solar easements - creation. Any easement

obtained for the purpose or exposure or a scxar energy device

shall be created in writing and shall be subject to the same

conveyancing and instrument recording requirements as other

easements

.

38-32.5-102. Contents . (1) Any instrument creating a solar easement shall inciuce, but the contents shall net be

limited to:

(a) The vertical and horizontal angles, expressed in

degrees, at which the solar easement extends over the real

property subject to the solar easement;

(b) Any terms or conditions or both under which the solar

Capital letters indicate new material added to existing statutes;

dashes through words indicate deletions from existing statutes and

such material not part of act.

B-18
easement is granted or will be terminated;

(c) Any provisions for condensation of the owner of the

property benefitting from the solar easement in the event of

interference with the enjoyment of the solar easement or

compensation of the owner of the property subject to the solar

casement for maintaining the solar easement.

SECTION 2. Safety clause . The general assembly hereby

finds, determines, ana aeciares that this act is necessary for

the immediate preservation of the public peace, health, and

safety.

Fred E. Ancerson

PRESIDENT OF

THE SENATE

Ruben A. Valdez

SPEAKER OF THE HOUSE

OF REPRESENTATIVES

Comfort Vi. Shaw

SECRETARY OF

THE SENATE

CHIEF CLERK OF THE HOUSE

OF REPRESENTATIVES

Evelyn T. Davidson

APPROVED

Richard I). L-\-n ———————

GOVERNOR OF THE STATE OF COLORADO

PAGE 2 -SENATE BILL NO. 95

B-19
CHAPTER 74-185 ' FLORIDA SB 721

Senate Bill No. 721

AX ACT relating to solar energy, creating a solar energy center, authorizing research, dissemination of information, and providing

demonstrations, providinc; an effective date. WHEREAS, the energy demands of Florid? are presently growing

at a rate which would require hy the year 2000 six (6) times as much

energy as currently needed; and

WHEREAS, the energy resources currently supplying the state's demands are both becoming increasingly scarce and more costly; and

WHEREAS, the adverse environmental effects associated with the production, transportation and utilization of present energy resources are degrading the high level of environmental quality of the state; and

WHEREAS, solar energy represents a vast potential energy resource

for the people of the state; and

WHEREAS, it is in the interest of Florida to utilize to the maximum

extent possible the significant capabilities already existing within the

universities of the state; and

WHEREAS, this increased research and public knowledge is needed to aid in the realization of this potential; NOW THEREFORE,

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

Section 1. Board of Regents to develop solar energy center plan.

(1) The legislature hereby directs the board of regents of the state university system to develop a plan for a solar energy center and presentthe plan to the legislature by March 1, 1975. The center shr.U be termed

to advance research and development in solar energy, to disseminate in- formation on the results of such research, and to engage in projects

designed to exemplify the capability of solar energy as a resource for meeting state energy needs. The plan shall include:

(a) a proposed location for the center selected after consideration of centers of present technical expertise, availability of equipment and

facilities, convenience of location to all of Florida, and other relevant

factors,

(b) an organizational structure for the center to allow personnel

from all institutions within the state university system ar.d cthev=

participate in center activities, and also to provide the ability to actively seek federal and other funds to support the work of the center and to coordinate cooperative solar energy research efforts within the state university system,

(c) a program proposal and budget for the center which shall cover

staff requirements, capital equipment acquisition, buildings and asso- ciated facilities and other costs necessary to carry out the intent of this

act,

(d) a program to provide ongoing educational services for persons

desiring solar energy technical knowledge at the working applications

level and at levels requiring high technical competence,

(e) a program to develop methods for testing solar equipment,

(f) a program to develop and participate in demonstration projects

and in the design and development of solar energy systems with emphasis on incident solar energy applications,

(g) a program to develop and disseminate information and to maintain an information system on solar energy and solar products, and

(h) a program to provide technical assistance to state agencies in the development of information and standards in the field as required.

Section 2. Effective Date.—This act shall take effect on July 1, 1974.

Approved by the Governor June 17, 1974.

Filed in Office Secretary of State June 13, 1974. ' *

B-20
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10

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2"

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FLORIDA SB 158

A bill be entitled

An act relating to building construction j standards; creating "3 53.055, Florida Statutes;

providing that no building be constructed without provision for future installation of solar .

hot. water heating equipment; providing an** -

effective date.

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

. «.

- ... .. w - ... • .7

• Section 1. Section 553 . 065 ,. Florida Statutes/ is'

created to read: .

* 553.055 Notwithstanding the provisions of 5§553.12 and

553.13, no single family residence shall be constructed within. .

the state, unless the plumbing therein is designed -to facilitate the future installation of solar water heating equipment.

The words "facilitate the future installation0 as used in this , act- shall mean the- provision of readily accessible piping to '• *

j allow for pipe fittings that will allow easy future connection

into the system of solar water heating equipment. It is the

intent of the legislature to minimize cost of rearranging

plumbing should solar water heaters be added to buildings. :

Section 2. This act shall take effect October 1, 1974.

. 153

B-21
HAWAII SB 1586

( lo \>c made one and twelve copies)

THE SKNATE

EIGHTH LEGISLATURE. 19 71.. STATE OF HAWAII S.R NO. /at,

LIKING AN APPROPRIATION FOR RESEARCH AND DEVELOPMENT OF

ALTERNATE ENERGY SOURCES FOR HAWAII.

3E IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

1 SECTION 1. There is appropriated out of the general revenues

2 of the State of Hawaii the sum of $882,000 and out of general

3 obligation bond fund the sum of $905,000, or so much thereof as

4 may be necessary, for the funding of applications and demonstrations

5 research and energy institution programs directed toward the develop6 ment and utilization of alternate energy sources. The areas pro7 posed for funding are based on recommendations for the Committee

g on Alternate Energy Sources for Hawaii, the University of Hawaii

9 Planning Committee for the National Energy Institute, and the

10 Marine Affairs Coordinator. The purposes of the funding are for:

1

1

12 Resource

Funding ($1,000) Source of

75-76 76-77 Funding

A. Applications &

13 Demonstrations

Solid Waste

14 Hydroelectric

Solar (water

\j heaters & air

conditioners

)

Hi B . Re search & Development

Wind

17 OTEC

Bioconversion

IK

75

50

120

150

150

30

80

100

150

40

GO Bonds

GO Bonds

GO Bonds

CO Bonds

Gen. Fund

Gen. Fund

B-22
Page.

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10

i i

12

13

14

15

16

17

18

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20

21

22

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21

C . Institutional Support

Hawaii Natural

Energy Institute

Hawaii Natural

Energy Laboratory

218

100

495

368

863

324

150

410

514

Gen. Fund

GO Bonds

GO Bonds

Gen. Fund

905 Bienniu:n

882 3ienniua

TOTALS 86 3 924 1,78 7

SECTION 2. The sum appropriated shall be expended for the

purpose of this Act by the department of planning and economic

development. The state energy resources coordinator, who is the

department director, shall contract with the University of Hawaii,

and other state and private agencies to carry out the proposed work.

Federal matching funds will be sought for projects where feasible.

SECTION 3. This Act will take effect on July 1, 1975.

INTRODUCED BY; 7^ C (M^.

B-23
ILLINOIS HB 164

HD0164 . LRB 1 403—74-G AN/maK

1 AN ACT to add Sections 203-1, 20a~2 and 20(3-3 to the 13

2 "Revenue Act of 1939", filed Hay 17, 1939, as amended.

3 Be it enacted by the People of the State of Illinois, 15

4 represented in the General Assembly: 16

5 Section 1. Sections 20d-1, 20d-2 and 20d-3 are added to 18

6 the "Revenue Act of 1939", filed May 17, 1939, as amended. 1 9

7 the added Sections to read as follows:

(Ch. 120, new par. 501d-1) » 21

8 Sec. 20d— 1. It is declared to be the Dolicv of the State 23

9 of Illinois that the use of solar enerqv heatino or coolinq 24

10 systems should be encouraqed as conservinq nonrenewable 25

11 resources, reducinq pollution and promotinq the health and 26

12 well-beinq of the peoDle of this State, and should be valued 27

13 in relation to these benefits to the people of the State. 28

(Ch. 120, new par. 501d-2) 30

14 Sec. 20d—2. "Solar enerqy heatinq or coolinq system" 32

15 means any system, method, construction, device or appliance 33

16 desiqned, constructed and installed relyinq on the use of the 34

17 sun's rays, rather than on conventional heatirq or air 35

18 conditioninq systems, for heatinq or coolinq a buildinq. 36

19 which conforms to the standards for such svstems established

20 by requlation of the Department of Local Government Affairs, 37

21 or its successor aqencv.

(Ch. 120, new par. 501d-3) 39

22 Sec. 20d—3. When a solar enerqy heatinq or coolinq 4 1

23 system has been installed in improvements on any real 42

21 property, the owner of that real propertv is entitled to 43

25 claim an alternate valuation of those improvements. The 44

26 claim shall be made by filinq with the county assessor. 45

27 supervisor of assessments or board of assessors, as the case 46

28 fn a v Ho a /TM* a r i ^10^ cr+" t\ f d 1110 n t on f n^- m ^ nro<;rri ho/1 hu + K fi in u y Ubf & ^.cL L J. L lKU 0 L 1 '.C HIC 11 Lf Wl! 1 «_ III o f' L t: L L UtrU T Lilt- 47

29 Department of Local Government Affairs , or its successor 40

30 aqency, and furnished by the assessinq officer, settinq out 50

B-24
HB0164 -2- LBB1U03-79-GAN/mak

1 _{a) that the specif ied improvements on descr ibed real estate 51

2 §E£_£2«i£E£!i_with_such_a_s vstem i

_j[b} tha t t he sy stem i s used 52

3 for heating or cooling or bot h heatinq_and_cgoling those 53

U iTM2E2ye!nentSjL _and_ic} the total cost of the sol ar energy

5 heat i n3_pr_cool in2_s^r^g 5U

6 When such a statement and claim for alternate valuation 56

7 is^filed, the county assessor , su pervisor of assessments or 57

8 boa rd of as sess ors, as the case na y b e, sha ll ascertain the 58

9 value of the i ciprovements as if e quipped with a conventional 59

1 0 heating or coo ling system and the valu e o f the improvements 6

0

1 1 as equipped wi th the s olar energy o r c ooling system. S o l ong 61

12 as the solar heating or cooling system is us ed a s the means 62

13 of__h§atirig or cool ing th ose improvements, the alternate 63

1 4 valuation co mpu ted as the lesse r of the two values 64

15 ascertained under this paragraph shall be a p pli ed. Whenever 65

16 the solar heating or cooling syste m so valued ceases to be 66

1 7 used as the meansof heating or cooling th ose improvements,

1 8 the owner of that rea l p roperty shall within 30 days notify 68

19 in writing by certified m ail, ret urn receipt requested, the 69

2 0 county assess or ± supervisor of assessments o r boa rd of

21 assessor

s

t as the ca se may be, of tha t fact. ,

, It shall be a 70

22 Class B misdem ean or to fail to subm it information reguired 71

23 under this Sect ion or to k now ing_l y_ submit a ny false 72

24 information r egui red under this Section. 73

B-25
INDIANA SB 223

88 Public Law No. 15

Public Law No. 15

[S. 223. Approved February 18, 1974.]

AN ACT to amend IC 1971, 6-1 by adding a new chapter concerning

property tax deductions for solar energy systems. %

Be it enacted by the General Assembly of the State of

Indiana

SECTION 1. IC 1971, 6-1 is amended by adding a new

chapter 9.5 to read as follows:

Chapter 9.5. Deduction-Solar Energy Systems.

Sec. 1. The owner of real property which is equipped

with a solar energy heating or cooling system may have

deducted annually from the assessed valuation of the real

property a sum which is equal to the lesser of:

(1) the remainder of (i) the assessed valuation of the

real property with the solar heating or cooling system

included, minus (ii) the assessed valuation of the real

property without the system; or

(2) two thousand dollars ($2,000)

.

Sec. 2. The owner of real property who desires to claim the deduction provided in this chapter must file a

certified statement in duplicate with the auditor of the

county in which the real property is located. In addition,

the owner must file the statement on forms prescribed

by the state board of tax commissioners, and he must file the statement between March 1 and May 10, inclusive, of

each year for which he desires to obtain the deduction.

Upon verification of the statement by the assessor of the

township in which the real property is located, the county

auditor shall make the deduction.

B-26
IOWA SENATE FILE 2 89

AN ACT

TO CREATE AN ENERGY RESEARCH AND DEVELOPMENT FUND WITHIN THE

ENERGY POLICY COUNCIL AND MAKING AN APPROPRIATION.

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

Section 1. Chapter ninety- three (93), Code 1 975, is amende!

by adding the following new sections:

NEW SECTION . ENERGY RESEARCH AND DEVELOPMENT FUND. There

is created within the council an energy research and

development fund. Moneys deposited in the fund shall be used

for the research and development of projects designated to

improve Iowa's energy situation by developing improved methods

of energy conservation, by enabling Iowans to better manage

available energy resources, or through the increased

development and use of Iowa's renewable or nonrenewable

energy resources. Said projects will be selected by the

council with the advice of knowledgeable persons appointed

by the council to provide assistance.

NEW SECTION . ADDITIONAL FUNDS. The council may accept

funds from state and local sources and shall take steps

necessary to obtain federal funds allotted and appropriated

for the purpose of the above described energy-related programs.

Such funds shall be deposited in the energy research and

development fund. Federal funds received under the provisions

of this section are appropriated for the purposes set forth

in the federal grants.

Sec. 2. There is appropriated from the general fund of

the state for the fiscal year commencing July 1, 1975 and

ending June 30, 1976, to the energy policy council, the sum

of two hundred fifty thousand (250,000) dollars, or so much

thereof as may be necessary, to carry out the purposes of

this Act. Any unobligated balance of funds as of June 30,

-444-

B-27
Senate File 289, P. 2

1976 appropriated by this section shall revert to the credit

of the general fund on August 31, 1976.

ARTHUR A. NEU

President of the Senate

DALE M. COCKRAN

Speaker of the House

I hereby certify that this bill originated in the Senate and

is known as Senate File 289, Sixty-sixth General Assembly.

CLARK R. RASMUSSEN

Secretary of the Senate

Approved , 1975

ROBERT D. RAY

Governor

B-28
APPROVED

STATE OF MAINE JUN26

' 75

BY GOVERNOR

IN THE YEAR OF OUR LORD NINETEEN HUNDRED

SEVENTY-FIVE

S. P. 549 — L- D. 1913

AN ACT Concerning the Office of Energy Resources.

Emergency preamble. Whereas, Acts of the Legislature do not become

effective until yo days after adjournment unless enacted as emergencies; and

Whereas, the United States is in the initial stages of a far-reaching energy

crisis and is seeking new and alternative sources of energy ; and

Whereas, Maine and the Northeast are dependent upon expensive foreign

oil which has a significant effect on the State and regional economics ; and

Whereas, the Federal Government is encouraging the several states to develop energy conservation programs and to administer programs to help

reduce the severity of the energy crisis ; and

Whereas, Maine's Office of Energy Resources is presently not functioning,

which has a serious impact on the State and denies the State millions of

dollars of federal funds for energy conservation and development ; and

Whereas, in the judgment of the Legislature, these facts create an emer- gency within the meaning of the Constitution of the State of Maine and re- quire the following legislation as immediately necessary for the preservation

of the public peace, health and safety ; now, therefore,

Be it enacted by the People of the State of Maine, as follows:

Sec. 1. 5 MRSA § 5004, as enacted by PL 1973, c. 770, § 2, is repealed and

the following enacted in place thereof:

§ 5004. Director of Office of Energy Resources

1. Appointment. The Governor, with the approval of the Executive

Council, shall appoint a full-time Director of the Office of Energy Resources.

The director shall serve a term coterminous with that of the Governor and

until his successor is appointed and qualified, subject to removal for cause by the Governor. The director shall be paid a salary fixed by the Governor

and Council.

2. Qualifications. The Director of the Office of Energy Resources shall have a background in engineering, economics, energy research or the administration of energy programs and shall be qualified to evaluate energy conservation or development proposals in terms of technical and economic feasibility.

3. Powers and duties. The director shall exercise the powers of the

office and shall be responsible for the execution of its duties. The director

shall:

881-1

B-29
A. Administer the office and adopt such methods of administration, not

inconsistent with the law, as he may determine necessary to render the

office efficient;

B. Appoint and remove the staff of the office and prescribe their duties

as may be necessary to implement the purposes of this chapter. Professional employees shall be hired as unclassified employees. All other employees shall be subject to the Personnel Law.

C. Be assisted by the New England Power Pool and by departments,

agencies, authorities, boards, commissions and other instrumentalities of State Government in the gathering of information, reports and data which

relate to state planning and development in the area of energy resources;

D. Prepare and submit for executive and legislative action thereon the

budget for the office

;

E. Be empowered, in connection with the performance of his duties, to apply to the Superior Court for a subpoena to compel the attendance of

witnesses, the production of books, papers, records and documents of individuals, firms, associations and corporations and all officers, boards, commissions and departments of the State. Said court shall, before issuing

such subpoena, provide adequate opportunity for the director and the

party against whom the subpoena is requested to be heard. No such subpoena shall be issued unless the court or judge certifies that the attendance

of such witness or the production of such books, papers, records or documents is reasonably necessary to carry out the purposes of this section and

that the director has made reasonable efforts to secure such attendance or such books, papers, records or documents without recourse to compulsory

process. The director shall afford confidential treatment to any materials or information turned over to him which is of a confidential or proprietary

nature.

F. Be responsible for the coordination of all state energy programs and

the coordination of state programs with programs and plans developed by

private organizations and the Federal Government.

G. Be responsible for the administration of all federal energy programs

to be implemented in Maine. This includes, but is not limited to, the Fuel

Allocation and Conservation Program and all related activities.

H. Be responsible for the dissemination of energy related information to the public. Upon request, the director shall provide information to public

and private groups in the field of energy.

I. Be responsible for the formulation of a comprehensive state energy

resources plan and a state energy policy.

4. Annual report. The Director of the Office of Energy Resources shall prepare an annual report to be presented to the Legislature in every regular

and special session of the Legislature. The annual report shall include, but

is not limited to, the following: The programs developed and implemented

by the Office of Energy Resources, the stage of development of the programs,

the stage of implementation of the State Energy Plan and the direction of programs planned for the ensuing year.

Sec. 2. 5 MRSA § 5005, as enacted by PL 1973, c. 770, § 2, is repealed and

the following enacted in place thereof:

§ 5005. Office of Energy Resources

1. Powers and duties. The Office of Energy Resources shall:

A. Prepare 3 comprehensive energy resources plan to be revised and updated at least annually and more often as the Director of the Office of

Energy Resources or the State Legislature deem necessary.

SSt-2

B-30
(i) The comprehensive plan shall include, but is not limited to, a description and quantification of the present supply, rates of use and

energy needs of the State; a description and quantification of the projected needs, rate of use and availablility of various energy resources

to meet future state needs; a cost analysis of providing energy to meet

the state's future needs; a description ot the assumptions upon which the

predictions and costs are based and the probability of error in the projections in the plan

;

B. Prepare a state energy policy to include, but is not limited to, the

following: The direction or directions most feasible for Maine to pursue

in the field of energy resource use and development, feasible alternatives to implement the state energy plan and long range as well as short range

energy programs;

C. Encouragement of voluntary energy conservation among state and

local government, industry, business and the public for the most efficient utilization of available energy;

D. The Director of Energy Resources shall be responsible for collecting

and analyzing energy data from all available energy sources in and outside the State

;

E. Provide technical assistance to the Governor and the Legislature in identifying the emergency and long-range needs and resources to meet

these needs for the State

;

F. Upon request, provide planning and technical assistance to public

and private groups in the field of energy planning;

G. Encourage and direct or sponsor research and experiments within the

State to develop alternate energy sources, particularly, but not limited to, those sources which rely on the renewable natural resources of the State,

such as the water of the tides and rivers, the forests, the winds and other

sources which to date have not been fully explored or utilized

;

H. Encourage and direct, in conjunction with private industry, the practical development and operation on a small scale of experimental projects

involving alternate energy sources, in order to ascertain the potential useful- ness of such alternate energy sources and their costs, provided only that

such projects shall be subject to the regulations of those state agencies con- cerned with the protection of the environment and preservation of the

natural resources of the State, and with regulation of other energy sources;

I. The Office of Energy Resources, with the consent of the Governor, may

employ such expert and professional consultants as it deems necessary

within the limit of funds available and consistent with the powers and

duties of the office.

Sec. 3. 5 MRSA § 5006, as enacted by PL 1973, c. 770, § 2, is repealed and

the following enacted in place thereof:

§ 5006. Maine Energy Resources Development Fund

All federal and private moneys received by the Office of Energy Resources for energy research and development shall be deposited in the Maine

Energy Resources Development Fund. The Maine Energy Resources Development Fund shall be administered by the Director of the Office of

Energy Resources and shall be used only to carry out the provisions of

this Act. The Office of Energy Resources shall be the designated state agency

to handle all energy matters within the State which are not the specific re- sponsibility of another state agency under the provisions of federal or state law, and authority is conferred on the director of such office to accept, use and administer all energy funds, including federal, state and private funds,

881-3

B-31
in accordance with established budgetary procedures which become available

pursuant to this Act. The director may receive on behalf of the Office of Energy Resources or on behalf of the State any grants or gifts and may

accept them.

i. Report to Legislature. The Director of Energy Resources shall report

annually to the Legislature in January of every regular and special session of the Legislature in regard to expenditure of funds, the purposes for which said

funds were used and the amount of as well as the sources from which the

funds were derived.

Sec. 4. 5 MRSA § 5007, as enacted by PL 1973, c. 770, § 2, is repealed and

the following enacted in place thereof:

§ 5007. State Energy Resources Advisory Board

1. Appointment. The Governor shall appoint a State Energy Resources

Advisory Board to advise the Governor, the Legislature and the Director

of the Office of Energy Resources on policy matters relating to this chapter.

2. Membership. The State Energy Resources Advisory Board shall consist of the following: One member of the House of Representatives to be

appointed by the Speaker of the House and one member of the Senate to be

appointed by the President of the Senate and one representative of the Public

Utilities Commission and with said Legislators to serve ex officio ; and the

following 6 members to be appointed by the Governor, with the advice and

consent of the Council, such members to be selected on the basis of their

interest, education and experience in the areas of energy planning, research

and development, to include one representative of industry, one representative

of labor, one representative of the academic community, 2 representatives of the general public and one representative of the business community.

Sec. 5. 5 MRSA §§ 5008 and 5009 are enacted to read :

§ 5008. Duties

The State Energy Resources Advisory Board shall meet at least 3 times

each year and at other times at the request of the Director of the Office of

Energy Resources or the Governor. The members of the board shall provide

information and assistance in the development of a state energy resources plan and in the research and development phase of the office's activities as requested by the director. The board shall act only in an advisory capacity

and shall have no power to control the activities of the office.

§ 5009. Restrictions on employee interests

No member, officer or employee of the Office of Energy Resources shall acquire any interest, direct or indirect, in any contract or proposed contract negotiated or proposed by the Office of Energy Resources, nor shall any

member, officer or employee participate in any decision or any contract entered into by the authority if he or she has an interest, direct or indirect, in any firm, partnership, corporation or association which will be party to such contract or financially involved in any transaction with the authority.

Emergency clause. In view of the emergency cited in the preamble, this Act shall take effect when approved.

881-4

B-32
MARYLAND HB 1604

SEP 1 8 1075

HOUSE OF DELEGATES

No. 1 6 0«

By: Delfintes Zander, r

r Naurer, Dell, Doc^^r, Short? and Scullll

Bell , footer, Hargreaves, Krysiak, Maurer, Nichols , Scu 1 1 , Shore and T-V. lar

Introduced and read first tin:?: March 3, 1975

Assigned to: Says and Means

Committee Report: Favorable with amendments r „ ." ^rX House Action: Adopted

Bead second time: "larch 20, 1975

TCrf ft

CHAPTER

AN ACT concerning ^ U2

Solar Energy Units - Assessment <»5

FOR the purpose of requiring that solar energy heating U9

and cooling units used in certain buildings be 50

assessed in a manner so as to not exceed the

assessment of conventional heating and cooling 51 units.

BY adding to 53

Article 81 — Revenue and Taxes 56

Section 14 (b) (U) 57

Annotated Code of Maryland 58

(1969 Replacement Volume and 197U Supplement) 59

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 62

MARYLAND, That new Section Itt (b) (U) be and it is hereby 6H

added to Article 81 - Revenue and Taxes, of the Annotated 66

Coda of Maryland (1969 Replacement Volume and 1974 67

Supplement) to read as follows: 68

Article 81 - Revenue and Taxes 71

11. 75

(b) Except as hereinafter provided: 78

(«) IN ORDER TO ENCOURAGE THE USE AND 80

EXPLANATION: CAPITALS INDICATE MATTER ADD^D TO EXISTING LAW.

[Brackets] indicate matter delated from existing law,

Underlin ing indicates amendments to the bill.

[TDouMe brackets!! enclose matter stricken out of bill.

Numerals at right identify computer lines of text.

B-33
2 HOUSE BILL No. 160«

INSTALLATION OF SOLAP FHEPGY HEATING AND COOLING units IN B1 EXISTING OR NEWLY CONSTRUCTED BUILDINGS, SOLAP FNEPC.Y 82

HKATIMG AND COOLING UNITS IN P ES TDK NT TAX OP

NONRESIDENTIAL BUILDINGS SHALL BE ASSESSED AT NO 83

THAN THE VALUE OF A CONVENTIONAL HEATING ANT COOLING UNIT 8U

NECESSARY TO SERVE THE BUILDING.

SECTION 2. AND BE IT FURTHER ENACT 3 D, That this Act 88

shall take effect July 1, 1975. 89

Governor

.

Speaker of the House of Delegates.

President of the Senate.

B-34
MICHIGAN HR 129

HOUSE RESOLUTION NO. 129

A resolution creating a special committee to study the feasibility of statewide

use of solar heating and cooling systems.

Whereas, As prices of conventional fuels have increased, interest has turned to

utilizing alternative resources to fossil fuels in meeting heating and cooling needs.

One resource that has drawn considerable attention has been solar energy; and

Whereas, Solar energy can be collected and converted into useful energy with a minimal impact on the environment and in many cases with no significant waste. It is

estimated that by the year 2020 at least twenty percent of the United States total

energy needs could be met with solar energy processes; and

Whereas, In light of the need for alternative energy resources, it»is incumbent

upon this legislative body to thoroughly examine the feasibility of statewide use of

solar heating and cooling systems. There is a need for an extensive historical

analysis and review of research on solar energy performed to date and a need for an analysis of present and potential applications; now therefore be it

Resolved, That there is created a special committee of the House to consist of

five members to be appointed in the same manner as standing committees are appointed,

to function during the 1975-1976 Regular Sessions of the Legislature, to study the

feasibility of statewide use of solar heating and cooling systems, and to report its

findings and recommendations to the Legislature not later than January, 1977; and

be it further

Resolved, That the committee may employ such consultants, aides, and assistants

as it deems necessary to conduct its study; the committee may call upon the

Legislative Service Bureau, subject to approval of the Legislative Council, for such

services and assistance as it deems necessary and may request information and assistance from state departments and agencies; and be it further

Resolved, That the members of the committee shall serve without compensation, but

shall be entitled to actual and necessary travel and other expenses incurred in the

performance of official duties, to be paid from the appropriation to the House of

Representatives.

The resolution was referred to the Committee on House Policy.

COMMITTEE MEMBERS

Rep. Lucille H. McCollough,

7517 Kentucky Street

Dearborn, Michigan 48126

Phones: Home (313) 934

Chairperson

2575

0847

Rep. Harold J. Scott

3526 Blue Lake Drive

Flint, Michigan 48506

Phones: Home (313) 744-0417

Business (517) 373 Business (517) 373-1777

Rep. Thomas J. Anderson

13726 Sycamore Street

Southgate, Michigan 48192

Phones: Home (313) 284 6889

0855

Rep. Robert A. Wei born

2528 Rambling Road

Kalamazoo, Michigan 49008

Phones: Home (616) 344-6886

Business (517) 373 Business (517) 373-1774

Rep. Dan Angel

312 Crary Drive

Marshall, Michigan 49068

Phones: Home (616) 731 4640

Business (517) 373 0830

B-35
MONTANA SB 86

44th Legislature SB 0086/05

1 SENATE BILL NO. 86

2 INTRODUCED BY TOWE, COLBERG, WATT, REGAN,

3 NORMAN, SET BEL, ROMNEY

4

5 A BILL FOR AN ACT ENTITLED: *AN ACT CREATING A FUND FOR

6

7 ENERGY SOURCES AND ALLOCATING CERTAIN REVENUE FROM COAL

8 TAXES TO THE FUND; BS?ABfeJ6HiN6—A—B9ARB DIRECTING THE

9 DEPARTMEifT OF NAWRAfc RB60HRPP6 AN8 eONSflRVATieM

CTl 10 iNfKRS&VBRNMfXfAii R£jfcA?I?*H6 NATURAL RESOURCES AND

I 11 CONSERVATION TO MAKE GRANTS FROM THE FUND IN SUPPORT OF

12 ALTERNATIVE ENERGY RESEARCH; PROVIDING FOR AN ALTERNATIVE

13 ENERGY ADVISORY COMMITTEE; MAKING APPROPRIATIONS; AMENDING

14 SECTION 84-1309.1, R.C.M. 1947.'

15

16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA I

17 (Strike everything after the enacting clause and insert:)

t 18 Section 1. There is a new R.C.M. section that reads as

19 follows:

20 Purpose. The purposes of this act are to stimulate

21 research, development, and demonstration of energy sources

22 which are harmonious with ecological stability by virtue of

23 bemg renewable, thereby to lessen that reliance on

24 nonrenewable energy sources which conflicts with the goal of

25 long-range ecological stability, and to provide for the

REFERENCE BILL

5e_ cnc or n* nc- Conference Report Included

B-36
SB 0086/05

1 funding and administration of such research, provided, that

2 demonstration or development projects funded under this act

3 may. not be used to commercially market electricity, heat

4 energy, or energy by-products.

5 Section 2. There is a new R.C.M. section that reads as

6 follows:

7 Definitions. As used in this act:

8 (1) "Alternative renewable energy source* means a form

9 of energy or matter, such as solar energy, wind energy, or

10 methane FROM SOLID WASTE , capable of being converted into

11 forms of energy useful to mankind, and the technology

12 necessary to make this conversion, when the source is not

13 exhaustible in terras of this planet and when the source or

14 the technology are not in general commercial use.

15 (2) "Person* means a natural person, corporation,

16 partnership, or other business entity, association, trust,

17 foundation, any educational or scientific institution, or

18 any governmental unit.

19 (3) "Department" means the Montana department of

20 natearai resources-—and—-conservation iHTERgevERMMBHTAh

21 gBEAgjggg NATURAL RESOURCES AND CONSERVATION .

22 Section 3. There is a new R.c.M. section that reads as

23 follows;

24 Alternative energy research development and

25 demonstration account established. There is within the

B-37
SB 0086/05

1 earmarked revenue fund an alternative energy research

2 development and demonstration account. Moneys are paid into

3 this account under section 84-1309.1. The state treasurer

4 3hall draw warrants payable from this account upon order of

5 the eeal-beard DEPARTMENT .

6 Section 4. Section 84-1309.1, R.C.M. 1947, is amended

7 to read as follows:

8 "34-1309.1. Disposal of license taxes. License taxes

9 collected under the provisions of this chapter or severance

10 taxes collected under such statutes as may be enacted in

11 1975 are allocated as follows:

l 12 (1) To the county general fund froTM which coal wa-;

13 mined three cents (3C) per ton.

14 (2) P»ve-pereent--t5'*» TWO AND ONE -HALE PERCKNT (2

15 l/2t) cf total collections per yea r UNTIL DECEMBER 31, 1979

li AND THEREAFTER FOUP PERCENT (4%) CF TOTAL COLLECTION? PER

1 7 YEAR to the eamarked revenue fund, to the credit of the

1 ? alterna' ive energy research development- and demonstr£

'; ion

19 account.

20 — (3) AH other revenues fror. license taxes

21 collected under the provisions of this chapter shall he

22 deposited to the credit of the general fund of the state."

23 Section 5. There is a new R.C.M. section that read:.: as

24 followst

25 Department -- general powers. The department v.-.f.

-3- SE Sb

B-38
SB 008C/CS

1 (1) employ a staff adequate to administer this act;

2 (2) retain professional consultants and adv.sors;

3 (3) adopt rules governing applications and granting of

4 funds;

5 (4) consider applications for grants and award grants,

6 subject to the availability of funds, and to the

7 appropriation of such fancis by the legitlature from the

8 alternative energy research development- and demonstration

9 funds for projects that will further the purposes of this

10 act;

11 (5) appoint sn dl terr.at f "e energy advisory committee

12 composed of representative; of state agencies and citizen

13 members with expert-i.ie in alternative energy matters. The

3 4 appointment of any such aivisory cor.mitt.ee snail bt- in

15 keeping with section 82A-! iP.

16 Section C. There is a now R.C.M. section that tsa-Is as

17 follows:

18 Applications for gro:its. Any pers.cn may apply ' yr a

19 grant to enable hint t*> resoirch, develop or demonstrate

20 alternative renewable entry/ sources. The department shall

21 prescribe the form for applications. Applicants shail

22 describ-. the f^atur* .?.f their proposed invest. i?.i*Vo.-.<.

23 including practical a; ;.lica: ions of rhe possible result- and

24 time requirements.

25 Section 7 . Ther* is a. new K.C.H, scctioi that re.">ds as

B-39
SB 0036/05

1 follows

<

2 Criteria for grant awards. The department may award

J grants to applicants under section 6 of this act in

4 accordance with the following criteriai

5 (1) A grant nay cover a period not exceeding one (1)

6 year, and the dejartrent may not commit itself to spending

7 fur:<Js anticipated to be available more than one (1) year

3 after the grant period begins. The department may give an

JL 9 applicant a statement of intent to renew its support of his

0° 10 work, futject to the availability of funds and such other

11 conditions as the department may express.

12 (2) The department may give preference to projects

13 which arc also supported by grants from the federal

14 ' government or other persons provided the grants are

15 consistent vith the other objectives of the board. The

16 purpose of this preference is to use the alternative energy

17 research development and demonstration account for matching

IB moneys in order to support more substantial research'.

19 (3) The department may give preference to research

20 centers unattached to existing educational institutions

21 where several investigators can share supporting services.

22 However, this shall not be interpreted to prohibit the

23 department from awarding grants to existing educational

24 institutions.

25 (4) The department nay give preference to research

-5- SB 86

B-40
SB 0086/05

1 centers which make information available to individuals,

2 small businesses, and small communities seeking the use of

3 renewable energy sources in their homes, plants, places of

4 business, and small communities.

5 (5) All information resulting fro.i such research shall

6 be made available to the public and sr.^ll not become the

7 private property of or under the exclusive control of any

8 one (1) company or person.

9 (6) The department is under no requirement to expend

10 or commit available alternative energy research, development

11 and demonstration funds when in its judgment such

12 expenditures or commitments would be unproductive.

13 SECTION 8. THERE IS A NEW R.C.M. SECTION THAT READS AS

14 FOLLOWS

15 BIENNIAL REPORT. THE DEPAJm'ENT SHALL REPORT ITS

16 EXPENDITURES AND OTHER ACTIVITIES UNDER THIS ACT TO THE

17 LEGISLATURE AT THE BEGINNING OF EACH REGULAR LEGISLATIVE

18 SESSION

.

19 SECTION 9. THERE IS APPROPRIATED TO THE DEPARTMENT OF

20 NATURAL RESOURCES AND CONSERVATION FROM THE ALTERNATIVE

21 ENERGY RESEARCH DEVELOPMENT AND DEMONSTRATION ACCOUNT , FOR

22 THE PURPOSE OF PUBLICIZING TAX INCENTIVES FOR ALTERNATIVE

2 3 ENERGY DEVELOPMENT AND ENFRGY CONSERVATION UNDER HOUSE BILL

2 4 6 33 , AS ENACTED, NOT TO EXCEED FIFTEE N THOUSAND DOLLARS

25 ($15,000), FOR THE FISCAL YEAR ENDING JUKE 30, 1976, AND FOR

1 MAKING GRANTS UNDER SECTION 7 OF THIS ACT ALL THE REMAINING

2 FUNDS IN THE ALTERNATIVE ENERGY RESEARCH DEVELOPMENT AMD

3 DEMONSTRATION ACCOUNT FOR THE BIENNIUM ENDING JUNE 30, 1977.

-EndB-41
MONTANA HB 663

CHAPTER NO. 548

AN ACT TO ENCOURAGE INVESTMENT IN NONFOSSIL FORMS OF

ENERGY GENERATION AND IN ENERGY CONSERVATION IN BUILDINGS THROUGH TAX INCENTIVES AND CAPITAL AVAILABILITY, AMENDING SECTIONS 84-202 AND 84-301, R.C.M. 194/.

Be it enacted by the Legislature of the State of Montana:

Section 1. There is a new R.C.M. section numbered 84-7401 that reads

as follows:

84-7401. Statement of purpose. The purpose of this act is to encourage the use of alternative energy sources and the conservation of energy

through incentive programs. Such incentives are to be made available to

the energy user on a basis which requires him to take the initiative in

obtaining a particular incentive. This act is not intended to require an

assessor to revalue property except upon receipt of a properly documented

and approved application. This act allows but does not require a public

utility to extend credit for energy conservation investments.

Section 2. There is a new R.C.M. section numbered 84-7402 that reads

as follows:

84-7402. Definitions. As used in this act:

(1) "Building" means a single or multiple dwelling, including a mobile

home, or a building used for commercial, industrial, or agricultural purposes, which is enclosed with walls and a roof.

(2) "Capital investment" means any material or equipment purchased

and installed in a building, or land, with or without improvements.

(3) "Energy conservation purpose" means one or more of the following

results of an investment: reducing the waste or dissipation of energy, or reducing the amount of energy required to accomplish a given quantity

of work.

(4) "Recognized nonfossil forms of energy generation" means a system

for the utilization of solar heat, wind, solid wustes^or the decomposition

of organic wastes, for rapturing energy or converting energy sources into usable sources, for the production of electric power from solid wood wastes,

and also means a small system for the utilization of water power by means

of an impoundment not over twenty (20) acres in surface area.

Section 3. There is a new R.C.M. section numbered 84-7403 that reads

as follows:

84-7403. Tax treatment of certain energy-related investments. (1) Upon application by a taxpayer, approved under section 84-7404, a capital

investment by the taxpayer in a recognized nonfossil form of energy

generation shall be treated by the department of revenue as:

(a) property exempt from taxation, to the extent the appraised value

of the investment does not exceed one hundred thousand dollars ($100,000), or

(b) class seven property, as defined in sections 84-301 and 81-302, for. such portion of the appraised value of the investment that exceeds one hundred thousand dollars ($100,000).

(2) Upon application by a taxpayer, approved under section 84-7404,

a capital investment in a building by the taxpayer for an energy conser- vation purpose shall be treated by the department of revenue as class eight property, as defined in sections 81-301 and 84-302, to the extent

the appraised value of the investment does not exceed twenty percent

(20%) of the appraised value of the building in which the investment is made.

Section 4. There is a new R.C.M. section numbered 84-7404 that reads

as follows:

B-42
84-7404. Application for special energy investment taxation. The

department of revenue shall provide forms on which a taxpayer may apply

for tax treatment under section S4-7403. Application shall be made to the

department. The department shall approve an application which demonstrably promotes energy conservation or utilizes a recognized nonfossil

form of energy generation. The department may refer an application

involving energy generation to the department of natural resources and

conservation for its advice, and the department of natural resources and

conservation shall respond within sixty (60) days. The department mayrefer an application involving energy conservation to the department of administration for its advice, and the department of administration shall respond within sixty (60) days. The department of revenue may deny an

application which it finds to be impractical or ineffective.

Section 5. There is a new R.C.M. section numbered 84-7405 that reads

as follows:

84-7405. Capital may he lent by utilities — tax credit for interest

differential. (1) A public utility providing electricity or natural gas may

install or pay for the installation of energy conservation materials in a dwelling. The utility may agree with the occupant of the dwelling that

the occupant shall reimburse the utility for its expenditure in periodic

installment payments added to the occupant's regufcir bill for electricity or natural gas. The utility may charge interest not exceeding the equivalent of a rate of seven percent (7%) per year on the declining balance

of the sum advanced.

12) A public utility lending money under this section may compute the

difference between interest it actually receives on such transactions and

the interest which would have been received at the prevailing average

interest rate for home improvement loans, as prescribed in rules made

by the public service commission. The utility may apply the difference

so computed as a credit against its tax liability for the electrical energy

producer's license tax under section 84-1601 or lor the corporation license tax under section 84-1501.

(3) The public service commission may make rules to implement this

section.

Section 6. There is a new R.C.M. section numbered 84-7406 that reads

as follows:

84-7406. Limitations. Tax treatment under section 84-7403 is limited

to:

(1) capital investments made after January 1, 1975, and

(2) persons and firms not primarily engaged in the provision of gas

or electricity derived from fossil fuel extraction or conventional hydroelectric development, and

(3) a ceiling of one hundred thousand dollars ($100,000) in tax savings

per year to any one person or firm.

Section 7. Section 84-202, R.C.M. 1947, is amended to read as follows:

"84-202. Exemptions from taxation. (1) The property of the United

States, the state, counties, cities, towns, schooi districts, municipal cor- porations, public libraries, such other property as is used exclusively for agricultural and horticultural societies, for educational purposes, places

of actual religious worship, hospitals and places of burial not used or held

for private or corporate profit, and institutions of purely public charity,

evidence of debt secured by mortgages of record upon real or personal

property in the state of Montana, and public art gaileries and public

observatories not used or held for private or corporate profit, are exempt

from taxation, but no more land than is necessary for such purpose is exempt; provided, the term "institutions of purely public chanty'' as used

in this act shall include organizations owning and operating facilities lor the care of the retired or aged or chronically ill which are not operated

for gain or profit; provided, that the terms public art galleries and public

observatories used in this act shall mean only such art galleries and

observatories whether of public or private ownership, as are open to the

public, without charge or fee at all reasonable hours, and are used for

B-43
CHAPTER 548 MONTANA SESSION LAWS 1585

the purpose of education only, and also when a clubhouse or building

erected by or belonging to any society or organization of honorably dis- charged United Slates soldiers, sailors or marines who served in army

or navy of United Stales, is used exclusively for educational, fraternal,

benevolent or purely public charitable purposes, rather than for pain or

profit, together with the library and furniture necessarily used in any

such building, and all property, real or personal, in the possession of legal

guardians of incompetent veterans of the World War or minor dependents

of such veterans, where such property is funds or derived from funds

received from the United States as pension, compensation, insurance,

adjusted compensation, or gratuity, shall be exempt from all taxation as property of the United States while held by the guardian, but not after

title passes to the veteran or minor in his or her own right on account

of removal of legal disability.

(2) All household goods and furniture, including clocks, musical

instruments, sewing machines, wearing apparel of members of the family

actually used by the owner for personal and domestic purposes, or for furnishing or equipping the family residence are exempt from taxation.

(3) Frceport merchandise shall be exempt from taxation. Freeport

merchandise means those stocks of merchandise manufactured or pro- duced outside this state which are in transit through this state and con- signed to a warehouse or other storage facility, public or private, within

this state, for storage in transit prior to shipment to a final destination

outside the state, and which have acquired a taxable situs within the

state.

Stocks of merchandise do not lose their status as freeport merchandise

because while in the storage facility they are assembled, bound, joined,

processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.

Any person, corporation, firm, partnership, association, or other group

seeking to qualify its property for inclusion in this class shall make application to the state department of revenue in such manner or form as may

be required by the department.

(4) All unprocessed, perishable fruits and vegetables in farm storage

and owned by the producer are exempt from taxation.

(5) A capita! investment in a recognized nonfossil form of energy

generation is exempt to the extent provided under section S-1-7-i03."

Section 8. Section 8-4-301, R.C.M. 1947, is amended to read as follows:

"84-301. Classification of property for taxation. For the purpose of taxation the taxable property in the state shall be classified as follows:

Class One. The annual net proceeds of all mines and mining claims,

after deducting only the expenses specified and allowed by section H4-5403; also where the right to enter upon land, to explore or prospect,

<>r dig for oil, gas, coal or mineral is reserved in land or received by mesne

conveyance (exclusive of leasehold interests), devise or succession by any

person or corporation, the surface title to which has passed to or remains

"i another, the state department of revenue shall determine the value

B-44
1586 MONTANA SESSION LAWS CHAPTER 5-18

of the right to enter upon said tract of land for the purpose of dipping,

exploring, or prospecting for gas, oil, coal or minerals, and the same shall be placed in this classification for the purpose of taxation.

Class Two. All agricultural and other tools, implements and machinery,

gas and other engines and boilers, threshing machines and outfits used

therewith, automobiles, motor trucks and other power-driven cars, vehicles of all kinds except mobile homes, boats and all watercraft, harness,

saddlery and robes and except as provided in Class Five (b) of this section,

all poles, lines, transformers, transformer stations, meters, tools, improvements, machinery and other property used and owned by all persons, firms, corporations, and other organizations which are engaged in the business of furnishing telephone communications, exclusively to rural areas, or to rural areas and cities and towns provided that any such city or town has a population of eight hundred (800) persons or less; and pro- vided further, that the average circuit miles for each station on the system

is more than one and one-quarter (1 V-t) miles.

Class Three. Livestock, poultry and unprocessed products of both; stocks

of merchandise of all sorts, together with furniture and fixtures used

therewith, except mobile homes; and all office or hotel furniture and fix- tures.

Class Four, (a) All land, town and city lots, with improvements, and

all trailers affixed to land owned, leased, or under contract or purchase

by the trailer owner, manufacturing and mining machinery, fixtures and

supplies, except as otherwise provided by the constitution of Montana, and

except as such property may be included in Class Five, Class Seven or Class Eight.

(b) Mobile homes without regard to the ownership of the land upon

which they are situated, except those held by a distributor or dealer of mobile homes as part of his stock in trade, and except as such property

may be included in Class Eight.

• Class Five, (a) All moneys and credits, secured or unsecured, including

all state, county, school district and other municipal bonds, warrants and

securities, without any deduction or offset; provided, however, that the terms "moneys and credits" as herein used shall not embrace the moneyed

capita! employed in the banking business by any banking corporation or individual in this state.

(b) All poles, lines, transformers, transformer stations, meters, tools, improvements, machinery and other property used and owned by co-oper- ative rural electrical and co-operative rural telephone associations organized under the laws of Montana except those within the incorporated

limits of a city or town in which less than ninety-five per cent (95'r) of the electric consumers and/or telephone users are served by a co-operative

organization, and as to the property enumerated in this sub-section (bi within incorporated limits of a city or town in which less than ninetyfive per cent (95^) of the electric consumers or users will be served by

a co-operative organization, such property shall lie put in Class Two.

(c) All unprocessed agricultural products either on the farm or in stor- age, irrespective of whether said products are owned by the elevator,

B-45
CHAPTER 548 MONTANA SESSION LAWS 1587

warehouse or flour mill owner or company storing the same, or any other person whomsoever, except all perishable fruits and vegetables in farm

storage and owned by the producer, and excepting livestock and poultry

and tin: unprocessed products of both.

(d) The dwelling house, and the lot on which it*is erected, owned and

occupied by any resident of the stale, who has been honorably discharged

from active service in any branch of the armed forces, who is rated one hundred per cent (lOCKc ) disabled due to a service-connected disability by

the United States veterans administration or its successors.

In the event of the veteran's death, the dwelling house, and the lot on which it is erected, so long as the widow remains unmarried and the owner

and occupant of the property, shall remain within this classification.

Class Six. Property formerly included in this class is now classified by

section 81-308, K.C.M. 1947.

Class Seven, (a) All new industrial property. New industrial property

shall mean any new industrial plant, including land, buildings, machinery

and fixtures which, in the determination of the state department of revenue, is used by a new industry during the first three (3) years of operation not having been assessed prior to July 1, 1961, within the state of Montana. New industry shall mean any person, corporation, firm, partnership, association, or other group which establishes a new plant or plants in this state for the operation of a new- industrial endeavor, as

distinguished from a mere expansion, reorganization, or merger of an

existing industry or industries. Provided, however, that new industrial

property shall be limited to industries that manufacture, mill, mine, pro- duce, process or fabricate materials, or do similar work in which capital

and labor are employed and in which materials unserviceable in their natural state are extracted, processed or made fit for use or are substantially altered or treated so as to create commercial products or materials;

and in no event shall the term new industrial property be included to mean property used by retail or wholesale merchants, commercial services

of -any type, agriculture, trades or professions. And provided further, that new industrial property shall not be included to mean property which is u<cd or employed in any industrial plant which has been in operation in

this state for three (3) years or longer. Any person, corporation, firm,

partnership, association or other group seeking to qualify its property for inclusion in this class shall make application to the state department of rrtriiuc in such manner and form as may be required by said department.

ii" A capital investment in a recognized nonfossil form of energy

generation, to the extent provided under section $4-7403.

Class Kight. (a) Any improvement on real property, trailers affixed

to land or mobile home belonging to any person who qualifies under any

one or more of the hereinafter set forth categories, valued at not more

than seventeen thousand five hundred dollars i S 1 7.500 1. which is owned

or under a contract for deed, and which is actually occupied by:

(1) a widow sixty-two <62) years of age or older, whether with or without minor dependent children, who qualifies under the income limitations

of t4i, or

B-46
1588 MONTANA SESSION LAWS

(2) a widower sixty-five (05) years of age or older, whether wit h or without minor dependent children, who qualifies under the income limita- tions of (4), or *

(3) a widow with minor or dependent children regardless of age, who

qualifies under the income limitations of (4), or

(4) a recipient of retirement hencfits whose income from all sources

is not more than four thousand dollars ($4,000) for a single person and

five thousand two hundred dollars ($5,200) for a married couple per annum. Provided, further, that one who applies for classification of property under this class must make an affidavit to the state department of revenue on a form as may be provided by the state department of revenue

supplied without cost to the applicant, as to his income, if applicable, as

to his retirement benefits, if applicable, or, as to his marital status, if applicable, and to the fact that he or she actually occupies such improvements with right of the county welfare board to investigate the applicant, on the completion of the form, as to answers given on the form. Provided,

further, that the value of said property shall not increase during the life of the recipient of retirement benefits or widow or widower covered under

this class. For purposes of the affidavit required for classification of prop- erty under this class, it shall be sufficient if the applicant signs a state- ment swearing to or affirming the correctness of the information supplied,

whether or not the statement is signed before a person authorized to administer oaths, and mails the application and statement to the department of revenue. This signed statement shall be treated as a statement under oath or equivalent affirmation for purposes of section 94-7-203,

R.C.M. 1947, relating to the criminal offense of false swearing.

(b) Any capital investment in a building for an energy conservation

purpose, to the extent provided under section S4-7403.

- Class Nine. All property not included in the eight (8) preceding classes."

Approved May 13, 1975.

B-47
Senate Bill No. 552—Senators Gibson. Brown. Lamb, Walker, Close, Schoficld, Bryan, Hilbrecht, Echols, Hcrr, Neal and Blakcmore

CHAPTER.fcj£.C:..

AN ACT approprialinp the sum of S37O.O0O from the state general fund for the purpose of designing, constructing, inspecting, equipping and furnishing a solar energy research laboratory in Clark County, Nevada. 4s an additional facility of the desert research institute of the University of Nevada: specifying the powers, duties and requirements of the state public works board and the board

of regents of the University of Nevada; and providing other matters properly

relating thereto. The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. For the support of the state public works board in carrying out the design, construction, inspection, equipping and furnishing of

a solar energy research laboratory in Clark. County, Nevada, as a facility of the desert research institute of the University of Nevada, there is hereby

appropriated from the general fund in the state treasury the sum of $370,000.

Sf.c. 2. The state public works board is hereby charged with the duty of carrying out the provisions of this act relating to design, construction, inspection, equipping and furnishings provided for in this act. Sec. 3. The board of regents of the University of Nevada and the

state public works board shall cooperate in carrying out the provisions

of this act. All plans and specifications for the whole or part of the

design, construction, equipment and furnishings shall be approved by the board of regents of the University of Nevada and each contract shall be

approved by the attorney generai before any such contract may be let. Sec. 4. The state public works board shall employ competent architects, who in turn shall employ competent structural, mechanical and

electrical engineers in preparing plans and specifications. The state public

works board shall advertise, in a newspaper of general circulation in the

State of Nevada, for separate sealed bids for the construction of the building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection

of qualified contractors desiring to bid thereon and for other interested persons. The state public works board, at its discretion, may accept bids on either the whole or on a part or parts of the design, construction,

equipment or furnishings, and may let a contract for the whole thereof, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest qualified bidder

thereon: but any bids may be rejected for any good reason. Sec. 5. This act shall become effective upon passage and approval.

1 0 -»J^Ete 75

B-48
NEW HAMPSHIRE HB 479

CHAPTER 391.

AN ACT PERMITTING A LOCAL OPTION TO ADOPT TAX EXEMPTIONS FOR

REALTY EQUIPPED WITH SOLAR ENERGY HEATING OR COOLING

SYSTEMS.

Be it Enacted by the Senate and House of Representatives in General

Court convened:

391:1 Solar Energy Systems Exemption. Amend RSA 72 by inserting after section 60 the following new subdivision:

Solar Energy Systems Exemption

72: 61 Definition of Solar Energy Systems. In this subdivision "solar

energy heating or cooling system" means a system which utilizes solar

energy to heat or cool the interior of a building or to heat water for use

in a building and which includes one or more collectors and a storage

container.

72: 62 Property Tax Exemption. Each city and town may adopt

under RSA 72 : 63 an exemption from the property tax for persons owning

real property which is equipped with a solar energy heating or cooling

system.

72:63 Procedure for Adoption.

I. A town desiring to adopt the provisions of RSA 72 : 62 may have

the question placed on the warrant for a town meeting at which town

officers are elected in the manner provided in RSA 39: 3. Such question

shall be ' presented for voter approval in the following manner:

(a) For a town which has an ollicial ballot for the election of town

officers, the officer who prepares the ballot shall place the question on such

official ballot as it appears in subparagraph (c).

(b) For a town which does not have an official ballot for the election

of town officers, the clerk shall prepare a ballot in the form as provided

in subparagraph (c).

(c) The wording on the ballot of any referendum for the adoption of

RSA 72 : 62 shall be as follows : "Shall we adopt the provisions of RSA

72: 62 for a property tax exemption on real property equipped with a solar

energy heating or cooling system which exemption shall be in an amount

__?" The amount of the exemption or the manner of its determination shall be included in the written application of the voters presented under RSA 39 : 3 and shall be inserted in the question on the

referendum where the blank appears above.

(d) Upon the ballot containing the question shall be printed the

word "Yes" with a square near it at the right hand of the question; and

B-49
1975] Chapter 301 367

immediately below the word "Yes" shall be printed the word "No" with a

square near it at the right hand of the question. The voter desiring" to vote upon the question shall make a cross in the square of his choice. If no

cross is made in a square beside the question, the ballot shall not be

counted on the question.

II. A city desiring- to adopt the provisions of RSA 72: 62 may have the

question placed on the official ballot for any regular municipal election for

the election of city ollicers upon a vote of the city council or upon submission of a petition signed by five percent of the registered voters of the

city to the city council. The vote of the city council and the petition of the

voters shall include the amount of the exemption or the manner of its determination. The question shall be placed on the olficial ballot by the

city clerk with the wording and in the form provided for in paragraph I, (c) and shall include the amount of the exemption or the manner of its determination.

III. Upon approval of the question by a majority of those voting on

the question, the provisions of RSA 72: 62 shall be deemed to have been

adopted and shall take effect on April first next following the referendum

for the tax year beginning on such date.

IV. If after adoption of the provisions of RSA 72 : 62, any town or city

desires to rescind its adoption, it may do so by referendum pursuant to paragraphs I or II, by changing in paragraph I, (c) the word "adopt" to read "rescind" in the question on the referendum; and provided, further,

that after the adoption of the provisions of RSA 72 : 62, any action to rescind shall not become effective until April first next following the action

taken to rescind.

V. If after adoption of the provisions of RSA 72 : 62, any town or city

desires to change its exemption, it may do so by referendum pursuant to paragraphs I or II, by inserting in the question on the referendum a

different amount for the exemption or a different manner of its determination; and provided, further, that the change in the exemption shall

not become effective until April first next following the action to change

the exemption.

72 : 64 Application for Exemption.

I. On or before April fifteenth of the year in which an exemption is claimed, a person qualified for the exemption under RSA 72 : 62 shall file an application for the exemption with the selectmen or assessors. The

selectmen or assessors shall have an application form prepared, to be signed

by the applicant under penalty of perjury, which shows that the applicant

is qualified for the exemption.

II. If any person otherwise qualified to receive such exemption shall

satisfy the selectmen or assessors that he was prevented by accident, mistake or misfortune from filing said application on or before April hfteenth,

said olficials may receive said application at a later date and grant an

exemption thereunder, but no such application shall be received or exemption granted after the local tax rate is approved.

III. If the selectmen or assessors are satisfied that the applicant has

wilfully made any false statement in the application to obtain an exemption, they may refuse to grant the exemption.

IV. Whenever the selectmen or assessors refuse to grant an applicant an exemption to which he may be entitled under the provisions of RSA

72: 62, said applicant may appeal in writing within six months of receipt

of the tax bill to the board of taxation which may order an exemption or an abatement if the tax has been assessed.

: 2 Effective Date. This act shall take effect sixty days after its

I

* igo-

[A; ;.n,v.d Juno 16, 11)75.]

I nr.vtive date August 15, 1975.]

B-50
B-51
NEW MEXICO SB 120

The Legislature

of the

State of New Mexico

32nd Legislature, IB Session

LAWS 1975

CHAPTER 23

SENATE BILL 120, as amended

with emergency clause

Introduced bv

SENATOR JOHN B. IRICK

SENATOR ODIS L. ECHOLS, JR. SENATOR THOMAS T. RUTHERFORD

B-52
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CHAPTER S3

AN ACT «

RELATING TO SOLAR ENERGY RESOURCES; PROVIDING DUTIES; MAKING AN

APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO!

Section 1. SHORT TITLE. —This act nay be cited as the "Solar

Energy Development Act".

Section 2. PURPOSE. —The purpose of the Solar Energy Development Act is to promote development and use of solar energy in New

Mexico, by both industry and government for the benefit of New Mexico

citizens and for the citizens of the United States, It is proposed

to accomplish this purpose through active measuros to encourage the

location within this state of the proposed national solar institute,

research to discover practical and feasible methods to harness solar

energy to supplement existing but limited present sources of energy,

and development of a vigorous and productive solar energy industrial

complex.

Section 3. DUTIES. —The department of development shall:

A. establish and operate a program of promotion to encourage investment in the research and application of solar energy within

New Mexico;

B. promote and develop in New Mexico a vigorous and productive solar energy industrial complex;

C. actively seek and promote the state of New Mexico as

the proper and ideal site, because of geographical location, climate,

SENATE BILL 120 Approved April 2, 1975

B-53
1

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3

4

5

6

7

8

9

10

11

research facilities and plentiful supply of scientific and technical

expertise, for the location of the proposed national solar institute;

D. develop necessary promotional material to be used in

the process of attracting new investment capital within the solar

energy field;

E. employ sufficient staff to carry out the purpose of

the Solar Energy Development Act; and

T. cooperate with private firms and all agencies of the

state and federal government in furthering research and investment in

solar energy use in New Mexico.

Section A. APPROPRIATION. —The sum of thirty thousand dollars

($30,000) is appropriated from the general fund to the department

of development for the purposes of carrying out the provisions of the

Solar Energy Development Act. Expenditure of this appropriation may

be made in the sixty-third and the sixty-fourth fiscal years. Balances unexpended or unencumbered at the end of the sixty-fourth fiscal year shall revert to the general fund.

Section 5. EMERGENCY. —It is necessary for the public peace,

health and safety that this act take effect immediately.

B-54
NEW MEXICO HB 395

» The Legislature

of the

State of New Mexico

32nd Legislature, u» Session

LAWS ___L2Z5

CHAPTER 266

HOUSE BILL 395

Introduced bv

REPRESENTATIVES

DAVID M. SALMAN WILLIAM E. WARREN

RAYMOND G. SANCHEZ

B-55
c/wrr/? zoo

AN ACT

RELATING TO PUBLIC BUILDINGS; PROVIDING THAT * FEASIBILITY STUDY OF

THE ENERGY SOURCE FOR HEATING AND AIR CONDITIONING MUST BE MADE BEFORE

ANY CONTRACT IS EXECUTED FOR T1IE CONSTRUCTION OR MAJOR ALTERATION OF

A STATE BUILDINC..

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. STATE BUILDING CONTRACT—FEASIBILITY STUDY OF ENERGY

SOURCES. —Before any contract is executed for the construction, major

alteration or renovation of any state-owned building, the property

control division of the department of finance and administration shall

have a feasibility study made on the use of energy sources other than

fossil fuels for the heating and air conditioning of the proposed

building. A copy of the feasibility study shall remain on file with

the property control division and shall be open to public inspection.

HOUSE BILL 395 Approved April 7, 1975

B-56
NEW YORK AB 8620

STATE OF NEW YORK

Senate-Assembly

IN SENATE—Introduced bv Sens. PISANI, BELLAMY, BURSTEIN. CALANDRA, DUNNE. CALIBER, GARCIA. GORDON, HALPERIN, LEICHTER. OIIREN8TEIN. I' ADAVAX,

ROLISON, SCI1ER.MERIIORN, B. C. SMITH, TAURIELLO.

TRUNZO, WINIKOW—read twice and ordered printed, and

when printed to be committed to the Committee on Corporations,

Authorities and Public Utilities

IN ASSEMBLY—Introduced bv COMMITTEE ON RULES

Multi-Sponsored bv—Messrs. AMATUCCI. BARBARO. BETROS, BLUM E NT UAL. BREWER, BROWN. BURN'S, CINCOTTA, COCHRANE. Miss CONNELLY. CONNOR. D. W.

COOK, COOPE RM AN. DEARIE. DrxTORO. DiFALCO. Mrs. DIGGS. EVE, FARRKLL. FERRIS, FINK. FLANAGAN.

FORTUNE. FR EMM INC. FREY. G AZZARA, Mrs. GOODHUE, GORSKI. GOTTFRIED. (iRABER. (iRANNIS. GRECO,

GRIFFIN, GRIFFITH, HAMILTON, H ARENBERG, HARRIS/HECHT, IIEVESI, 11 1 NCI IKY. HOC II BERG. 1IOCIIBRUECKNER, HOYT. IZARD, KOPPELL. LANDES. LANE.

LEI1NER. LENTOL. LEVY, LEWIS. LISA. MANN IX. MARCHISELLI, McCABE. (!. W. MILLER. II. .1. MILLER. M. H. MILLER, MIRTO, MONTANO. M. ,). MURPHY. NICOLOSI.

NINE, O'NEIL, ORAZIO. PESCE. II. A. POSNER, ROSS.

Mrs. RUNYON. SCHMIDT, SEARS. SERRANO, SlLVERMAN. STAVISKY, STEIN. STEINOIT, STRELZ1N. SUCHIN

TILLS, V ANN. VIROILIO, WALSH. W EMPLE. YEVOLI

read once and referred to the Committee on Environmental

Conservation

Explanation — Matter in ifalici i« new; matter in bracket* [ J in old law to be omitted.

S. 6716 A. 8620

1975-1976 Regular Sessions

June 9, 1975

B-57
s. r,7i<;— a. sfi'io 2 AN ACT

to amend the public authorities law and the public service law. in

relation to reconstituting the New York state atomic and space

development authority as the New York state energy research

and development authority, enacting the New York state safe

energy act of nineteen hundred seventy-five and repealing certain

provisions of the public authorities law relating thereto

The People of the State, of New York, represented in Senate and

Assembly, do enact as follows:

j Section 1. Short title. This act may be cited as the "Now York

2 state safe energy act of 197.")".

2 § 2. The public authorities law is hereby amended by adding

4 thereto a new section, to be section eighteen hundred fifty-a, to read

5 as follows:

g § 1850-a. Legislative declaration. It is hereby declared that the need

1 for obtaining and maintaining an adequate and continuous supply of

g safe, dependable and economical power and energy is a matter of

g concern to the people of the state; that the high social environmental,

10 health and economic costs of present fossil fuel energy make it

11 imperative that such source be used henceforth but sparingly in the

12 state of Sew York; that the high social, environmental, health and

13 economic cost of nuclear fission energy makes it imperative that such

14 source not be used henceforth beyond existing facilities unless the

15 legislature of the state of New York specifically determines by

lg statute for each application to the siting board for a nuclear fission

17 facility, for the three years succeeding the effective date of this act,

lg that construction of each proposed facility will b( ;i< ct ssary to meet a

19 compelling need; and in place thereof, abundant and environmen20 tally acceptable energy sources such as solar, wind, solid waste, and

21 geothermal and byconversion should be developed and utilised'. The

22 objectives of tin policy expressed in this act are tin developnu nt and

23 utilization of safe, dependable, renewable and economic energy

24 sources and tin conservation of energy and < ncrgy resources.

25 /' is further declared that imph mentation of this policy can best be

2g effectuated by changing and reconstituting the New York state

B-58
S. (iTKi—A. Mi_><) 3

1 atomic and space development authority into the Sew York state

2 energy research and development authority. While maintaining its

3 present commitments to its bondholders, the authority shall direct its

4 efforts toward tin development of new energy technologies, with

5 special emphasis on renewable energy sources, and energy conserva6 Hon technologies.

7 § 3. Section eighteen hundred fifty of .such law, as*amcnded by

8 chapter three hundred sixty-six of the laws of nineteen hundred

9 sixty-four, is hereby amended to read as follows:

10 § 1850. Short title. This title may be cited as tlu' "New York state

11 [atomic and space development] energy research and development

12 authority act."

13 § 4. Subdivisions one and two of section eighteen hundred

14 fifty-one of such law, subdivision one as added by chapter two

15 hundred ten of the laws of nineteen hundred sixty-two, subdivision

16 two as amended by chapter three hundred sixty-six of the laws of

17 nineteen hundred sixty-four, are hereby amended to read,

18 respectively, as follows:

19 1. '"[Atomic] Suctear fission energy" shall mean all forms of

20 energy released in the course i>i" nuclear fission[, nuclear fusion or

21 other nuclear transformation].

22 2. "Authority" shall mean the New York state [atomic and space]

23 energy research and development authority continued pursuant to

24 section one thousand eight hundred fifty-two of this title.

25 §

5." Subdivisions seven and eight <>f» section eighteen hundred

26 fifty-one of such law, are herein repealed and subdivisions nine, ten

27 and eleven of such section are hereby renumbered to be subdivisions

28 seven, eight and nine, respectively, and two new subdivisions to be

29 subdivisions ten and eleven, are hereby added thereto, to read as

30 follows:

31 10. "Si w energy technologies" shall mi an all methods used to

32 produce energy other than thosi utilizing conventional nuchar

33 fission and fossil fuels.

34 //. "I'ndi r construction" shall mum any project that shall have

35 advancid to actual on-site conslnu lion and entry into tin ground.

36 § li. The section heading and subdivisions one and two of section

37 eighteen hundred fifty-two of such law, as amended by chapter three

38

B-59
S. «7 ft"—A. 8620 4

1 hundred sixty-six of tlu; laws of nineteen hundred sixty-four, are

2 hereby amended to read, respectively, as follows:

3 New York state [atomic and space] em rt/y r< search and devclop4 merit authority. I. The authority heretofore, known and designated as

5 the ["New York state atomic* research and development authority" is

6 hereby continued and shall hereafter be known and designated as

7 the] "New York state atomic and space development authority" is

8 hereby continued and shall hereafter bt known and designated as the

9 Neiv York state energy research and development authority.

10 Reference in any provision of law, general, special or local, or in any

11 rule, regulation or public document to the New York state atomic

12 research and development authority shall be deemed to be and

13 construed as a reference to the authority continued by this section.

14 The authority shall be a body corporate and politic, constituting a

15 public benefit corporation. Its membership shall consist of [five]

16 eleven persons, three of which shall serve e.r-officio. The persons

17 serving as members of the New York state atomic and space [research

18 and] development authority on the effective date of this act shall [be

19 the initial] serve as additional members of the authority for the

20 duration of their terms. [Additional initial members to complete the

21 initial membership of the authority shall be appointed by the

22 governor, by and with the advice and consent of the senate.]

23 2. [The initial members of the authority shall serve for terms

24 ending April first, nineteen hundred sixty-six, nineteen hundred

25 sixty-seven, nineteen hundred sixty-eight, nineteen hundred six26 ty-nine and nineteen hundred seventy, respectively. In the ease of

27 the person then serving as a member and chairman of the N'ew York

28 state atomic research and development authority on the effective

29 date of this act. such person shall continue to serve as a member for

30 the term ending April first, nineteen hundred seventy, and shall

31 continue to serve as chairman at the pleasure of the governor. In the

32 case of the person then serving as a member of the New York state

33 atomic research and development authority tor the term ending

34 April first, nineteen hundred sixty-five, such person shall continue

35 to serve as a member of the authority for the term ending April

36 first, nineteen hundred sixty-nine. In the ease of the person then

37 serving as a member of the Nee; York slate atomic research and

38 development authority for the term ending April first, nineteen

B-60
S. 6716—A. 8620 5

1 hundred sixty-eight, such person shall continue to serve as a

2 member of the authority for the balance of such term. In the case of

3 each other initial member of the authority, such member shall serve

4 for the term, not otherwise filled pursuant to the provisions of this

5 subdivision two. as may be designated by the governor in the

6 appointment of such member. 1'crsotis appointed by the governor

7 for full terms as successors to the initial members shall serve for

8 terms of six years each commencing as of April firs*] The mem9 bership of the authority shall consist of the commissioner of the

10 department of environmental conservation, the chairperson of the

11 public service commission, the chairperson of the power authority of

12 the state of New York, all of whom shall serve ex-officio: and eight

13 members appointed by the governor by and with the advice and

14 consent of the senate; one of whom, shall be an engineer or a

15 research scientist with a degree in the physical sciences or engin16 eering who has not been employed in the nuclear fission field for

17 three years preceding the appointment; one of whom shall be an

18 economist who shall not liavi received more than one tenth of his

19 income from an electric utility for three years preceding the ap20 pointment; one of whom shall be a member of a not-for-profit

21 environmental group; one of whom shall be a member of a not22 for-profit consumer group; and one of whom shall be an officer of an

23 electric utility. The members shall serve for terms of six years each.

24 The chairperson shall be designated by the governor from among the

25 members appointed by him, other than the ex-officio members, to

26 serve as such at the pleasure of the governor. In the event of a

27 vacancy occurring in the office of a member by death, resignation or

28 otherwise, the governor shall appoint a successor, by and with the

29 advice and consent of the senate, to serve for the balance of the

30 unexpired term. ,

31 § 7. Section eighteen hundred fifty-four of such law, as amended

32 by chapter two hundred ninety-four of the laws of nineteen hundred

33 sixty-eight, paragraph (c) of subdivision three thereof as added by

34 chapter four hundred two of the laws of nineteen hundred

35 seventy-four and paragraph (d) of subdivision three thereof as

36 ivletterei.l by chapter four huml'vd two of the laws of nineteen

37 hundred sevent'.'-t'ois'\ is l erfliv amended to "end a< follows:

B-61
S. 07 Hi—A. X02U 6

J §

|Kf)4. Purposes a rid specific powers of tile authority. The

2 purposes of the suit hority shall be In [encourage ;iu<l cooperate in

- 3 tin: maximum development and use of atomic energy for peaceful

4 and productive purposes within the state and in the active furth5 < ranee of space activities within the state] develop and implement

6 new energy technologies, and to develop and encourage energy

7 conservation technologies. In carrying out such purposes, the

8 authority shall, with respect to the activities specified, have the

9 following powers:

10 1- Research, [and] development and demonstration. To conduct,

11 sponsor, assist and foster programs of research, [and] development

12 and demonstration in the methods of production and use of atomic

13 energy and programs relating to space activities,] including the

14 power to establish, acquire, operate, develop and manage facilities

15 therefor[.] in the methods of: (a) energy conservation, (b) produc16 Hon of ]>ower from neiv energy technologies with emphasis on

17 renewable energy sources such as solar, wind, byconversion and

18 solid waste, (c) storage of energy with emphasis on inertial and

19 battery storage, (d) conversion of facilities now utilizing nuclear

20 fission energy and fossil fuel energy technologies, (e) transmission

21 and distribution of power, and (f) methods of conversion of energy

22 and improvements of efficiencies of such conversion.

23 2. The provision of services. To provide services required for the

24 development and use of [atomic energy and services required for

25 space activities] new energy production and conservation tech26 nologies by the industrial, commercial, medical, scientific, eduea27 tional and governmental organizations within the state, including

28 the power to establish, acquire and develop facilities therefor not

29 otherwise available within the state, and to operate and manage

30 such facilities.

31 3. Cooperation with power companies. To contract with or enter

32 into joint undertakings with any power company, or power auth33 ority of the state of New York, or more than one of them, to

34 (a) Participate in the construction and operation of experimental

35 or developmental [nuclear power facilities within the state of types

36 which, by reason of advanced design concepts, have substantial

37 prospects of reducing power production costs] facilities which

38 implement new energy technologies which have prospicts of redncB-62
S. Ililli-A. S(i20 '

1 iini tlir economic, < nviromne.ntal and social costs ofimrgy produe2 tioii and utilization. ,

3 (l>) Purl ici pate i" the* incorporation of features in nuclear power

4 plants and 1h< list ruction of associated facilities to the extent

5 required by the public interest in development, health, recreation,

6 safety, conservation of natural resources and aesthetics.

7 (c) Participate in the incorporation of features in fossil fuel

8 power plants and the construction of associated facilities to the

9 extent required by the public interest in development, health,

10 recreation, safety, conservation of natural resources and aesthetics,

11 provided that the authority shall not so act with respect to any fossil

12 fuel power plant with respect to which it had not taken affirmative

13 action towards the issuance of bonds, as contemplated by the

14 regulations promulgated under the Federal Internal Revenue Code

15 of 1!).">4, as amended, prior to July first, nineteen hundred

16 seventy-six.

17 (d) Develop, prepare, and furnish by sale or lease real property

18 owned, held, or acquired by the authority within the state to be used

19 for the const ruction and operation of [nuclear power plants]

20 generating facilities based on new energy technologies and related

21 facilities, [Provided] provided that no such contract or joint

22 venture shall be entered into which shall permit the authority to

23 distribute or sell any power or energy to any person or entity other

24 than the other contracting party or parties or joint venturer or

25 venturers, and provided further that all power and energy received

26 by power authority of the state of \ew York, pursuant to any such

27 contract or joint venture, shall be distributed and sold only to such

28 |K.Tsoiis as power authority of the state of New York may sell power

29 [produced by its nuclear generating facilities.] pursuant to lair.

30 4. Water desalination. To contract with one or more water dis31 tribution companies or agencies to participate in the construction

32 and operation of [nuclear facilities] p-rwer generating facilities for

33 the purpose of desalination or distribution of water, and to develop,

34 prepare, and furnish by sale or lease, real property owned, held or

35 acquired 'by the authority within the state to be used for the

36 construction and operation of such facilities and facilities related,

37 thereto, pro\ id< d (hat the uuihnriiy sh^ll not enter into any such

38 c'r'r.-irt relating to am such facility which also produces electric

B-63
j power for pill poses of sale unless tlie authority also contracts with

2 one or more power companies with respect to the construction ur.<l

3 operation of such facility and the distribution and use of such

4 power.

5

[I'rovision of nuclear fuel. To acquire and lease or otherwise

g make available nuclear fuel for use in the production of power, the

7 desalination of water or for any other useful purpose within the

8 state.

g 6.] The dissemination of information. To accumulate and dis10 seminate information relating to the development and use of

11 [atomic energy and relating to space activities] new energy teeh12 nologics and encrfftj conservation technologies, including the power

13 to conduct, sponsor, assist and foster studies and surveys, and

14 publish the resulls thereof.

15 6. To continue such contractual agreements as may be in force at

16 ",e effective date of this subdivisimi with regard to the West Valley

17 nuclear reprocessing facility and. tlu Malta research facility.

18 In exercising the powers granted by this title, the Authority shall,

19 insofar as practicable, cooperate and act in conjunction with in20 dust rial, commercial, medical, scientific, public interest and educa21 tional organizations within the state, and with agencies of the

22 federal government, of the state and its political subdivisions, of

23 other states, and joint agencies thereof.

24 In carrying out its corporate purposes and in exercising the

25 powers granted by this title, the authority shall be regarded as

26 lH'i'forming an essential governmental function.

27 § 8». Subdivision one of section eighteen hundred fifty-nine of

28 such law. as amended by chapter three hundred sixty-six of the laws

29 of nineteen hundred sixty-four, is hereby amended to read as

30 follows:

31 1. All moneys of the authority, from whatever source derived,

32 shall be paid to the commissioner of taxation and finance as agent of

33 the authority, who shall not commingle such nioiiev.s with any other

34 moneys. Such moneys shall be deposited in a separate bank account

35 or accounts. Such bank account or accounts known as the ["atomic

36 research and development operating fund" arc hereby continued

37 and shall be known and designated as the] "atomic and space

38 development operating fund" an Inn by coutiuutd and shall In

B-64
I

S. (57 1G—A. WJ20 9

1 known and furcby designated as the em rgy research and dcvelop2 ment operating fund. The moneys in such fund may l>e expended for

3 |kij 1110:1 < of any and all costs and «-x] 'i iuii t urfs as required for the

4 corporate purposes of the authority; provided, until such time as the

5 state of New York is reimbursed in full for all moneys repayable to

6 the slate by the authority, all expenditures from this fund shall be

7 subject to the prior approval of the director of the budget of the

8 state of New York. The moneys in such fund when made available

9 shall be paid out on cluck of the commissioner of taxation and

10 finance on requisition of the chairman of the authority or of such

11 other person as the authority shall authorize to make such requisi12 lion. All deposits of such moneys shall, if required by the commis13 sioner of taxation and finance or the authority, be secured by

14 obligations of the United States or of the .state of New York of a

15 market value equal at all times to the amount of the deposit and all

1G banks and trust companies are authorized to give such security for

17 such deposits.

18 § 0. Sections eighteen hundreed sixty-seven through eighteen

1!) hundred seventy of such law are hereby renumbered to be sections

20 eighteen hundred sixty-nine throii'th night won hundred seventy21 two, respectively, and a new section, U> b • section eighteen hundred

22 sixty-eight, h-.-reby inserted therein to read as follows:

23 § lS'!e<. Annual reports by authorities. 1. For the purpose of

24 furnishing the. state with systematic information regarding the

25 status awl the activities of the. authority, the authority shall submit

Z

r

> In the gov-nor, the chairman of 1l,t senate finance committee, the

27 chairman of the assembly n ays and meuns^ommi'tet and the. state

?<S comptroller, u 'thin nmity days after Hie end of its fiscal year, a

23 complete oar detailed report silling forth: (1) its operations and

20 accomplishments; (J) i!s receipts and disbursements, or revenues

31 and esp!)fi< , during such fiscal y<.ar in accordance with the

32 categories ,r.r •lassifieat inns established by the comptroller and

33 inch'div.ff but not limited In n -irra '•<»<> •»•»( aj opt ratiny vspt adilures

34 and revt una by facility, mainh r. •!;!•••< and personnel 1 xijtnditv.re;

35 breakdown of capital crtnadihie .including an analysis of a!'.

3o projects begun, com gi. lt ,i •• >n >.'>< ><• in that fiscal yi •:>•; (3) an

3/ explanation of di prr.e.mliun.-ooi-ei' s, nsr.rvt funds anii incest38

B-65
S. 67 Hi—-A. M120 10

1 men Is; (i) its assets and liabilities ut tin i ml of its fiscal .'/""'

2 including Hie statu a of n serve, deprevia! inn. spirial nr other funds

3 and including tin receipts and payments of these funds, thr status

4 of funds rrrtivtd from full ml and state governments; and (.',) a

5 . scln dult of its bonds and notes outstanding at the etui of its fiscal

6 y<ar, logethir with a statement of the amounts redeemed and

7 incurred during such fiscal year.

8 2. The authority, so long as it is not subject to thr civil service

9 law, shall annually submit to the yon rnor, tin chairman of the

10 senate finance committee arid the chairman of the assembly ways

U and means committee a report on its personnel policies and prnc12 ticcs with regard to recruitment, selection, promotion, classification,

13 compensation, transfer, separation, employee relations and services

14 and equal opportunity programs.

15 3. The comptroller shall be charged with seeing that the reports

16 mandated in subdivision one are filed on time and that they are

17 sufficiently comprehensive. The. comptroller shall report any

18 deficiencies to the governor and to the leaders of the legislature.

19 4. The authority shall submit to the governor, the budget direc20 tor, the state comptroller and the head of any executive agency

21 performing the same or similar functions, chairperson,= of the

22 senate finance committee, and chairperson of the. asst mbly ways and

23 means committee, its proposed operating budgtt for the. next ensu24 ing fiscal year and the operating budget for the present fiscal year.

25 5. The budget shall be submitted in a form specified by the

26 budget director, including, but not limited to, information on rates,

27 contracts, revenue and sources of revenue.

28 6". In the case of the authority owing moneys to the state, either

29 through grants, first instance appropriations, and other subsidies,

30 the budget director shall have the right of approval as well as of

31 review of the budget.

32 7. Tlu comptroller shall each year certify to the budget director,

33 the governor and tin legislative officers named above, the specific

34 amounts for which tin authority is obligated to the state.

35 § 10- Kight and remedies preserved. No exist intr right or remedy

36 of any eharaeter shall Ih~ lost, impaired or aff(Vt«:<l, nor shall any

37 new right or remedy of any eharaeter aceruc to or for the benefit of

38 any person by reason of the redesignatton and continuation of the

B-66
11

1 New York stale atomic ami space development authority as the New

2 York slate energy research ami development nithority pursuant to

3 the provisions of this act.

4 §11- Tortus oeeu rring in law and in contracts an«l other

5 documents. VV believer the New York stale atomic, and space

6 development authority is referred to or designated in any law

7 general, special ov local, contract, judgment, decision or document

g pertaining to the functions, [towers and duties hereby continued ir.

9 transferred and assigned to, or devolved upon, the New York state

10 energy research anil development authority, such reference or

11 designation shall he deemed to refer to and include New York state

12 energy research ami development authority, so far as such law,

13 contract, judgment, decision or document pertains to matters which

14 are within its jurisdiction by reason of the redesignation, contin15 uatiou, transfer, assignment and devolution of functions, powers

16 and duties made by this act.

17 § 12. Continuance of rules, regulations and acts. All rules.

18 regulations ami acts, decisions, determinations and orders of the

19 New York state atomic and space development authority pertaining

20 to the functions herein continued, t ratisferred. assigned or devolved

21 in force or effective at the lime of such redesignation, transfer.

22 assignment or devolution shall continue in force and effect as rules,

23 regulations, acts, decisions, determinations and orders of the New

24 York state energy research and development authority, until

25 modified or abrogated.

26 § 13- "Continuance of rights and obligations. All rights, obliga27 turns, debts, liabilities, conditions, covenants, pledges, undertakings

28 and commitments of the New York state atomic and space develop29 ment authority, including those contained in conveyances, leases,

30 sub-leases, bonds, notes or agreements to. from, or with any niun31 icipality, arc hereby transferred and assigned to, assumed by ami

32 devolved upon the New York state energy research and development

33 authority, created by this title, and shall continue to be rights,

34 obligations, debts, liabilities, covenants, conditions, pledges, umlcr35 takings and commitments of such corporation without diminution or

30 .impairment.

37

38

B-67
S. 07 Hi—A. Mi20 12

1 § 14. Soetion ten hundred on« of the pulil i<: authorities law is

2 hereby amended by insert big therein a new ope'nitii* paragraph,

3 following the section heading; to read as follows;

4 // is hi rehy tit clan el thai Uu art d for obtaining and ynidvfaiv.mg

5 an ttdetiua'-p at.: I continuous supply of s.ife. dcpt ntlablts and icon6 omicul pou r and energy in a matter of concern to the people, of thi

7 state; that ti e high social, environmental, ht tilth anil economic, casts

8 of present fossil furl energy make it imperative that, such source he

9 rued henceforth but sparingly in the. state of New York; that tut

10 high social, environmental, health and economic costs of nuclear

11 fission energy make it imperative that for the three years suceeediny

12 the effective date of this art <iut:h source shall not he used beyond

13 existing fccilUu \ unlets the ltg>slature of {):•• shite of AW York

14 specifically determines by s'"tu'. for reck .ipplicstfan to the siting

15 board for a uh( b ar jirr.ion facility, 'hat •">.'!• st. action of tin pioposed.

16 unclear fission facility will he r.cees.-mry to meet .i compelling je^d;

17 and in pl.tce 'hereof, abv.nthud and Hwm"nla!ht acceptable

18 energy sources tvc.h as inlts:: n:nd. solid vatic and !<io--oH version

13 should be developed aid utilized. The objective:: of //."> policy

20 expressed in 'his :<•' are in: ./. .•ciopwnl and utilization oj -aft.

21 de penclabi". rcn- u ahle. end economic energy sources end the c-on22 servaiion of energy and tnerry resources.

(J. 13. Tee s<-- -I'd and fourth unnrMlwd ivuraifcMphs of section

2-1 one thousand one of su»*b law. tin': second v.ninnnbered parcjri'.toli

25 airaenfled by .diai-Vr t'oui hundred ci^rhty-nifl . oi the ia-.vs of «sin-<*-

26 teen hundred .* whty-tWo, tin- fourth iinnaivbv'red jnragraph as

27 amended tiy chapter three hundred sixty-nine of the laws of niri-'-

28 teen hundred hCventy-t'oHr, are hereby amended lo read. re.spee22 tively. as foihnvs:

* 30 Ft is further helami'that the ri-vd f'iroblwhi'tn* awl^ahit.iinrn'j

31 a continuous ard ad»>»)::a!e supply of dependable "'leeiric •>.•«>••• am'

3*2 onowry is 1 nnt* v of nyWJ'* »••«< »»rn to tl.c people of t'-e .state: iVta*

33 tlie liKiNir'iU'f. ••np.K'iiy "!" •>« b.yd.seii-ti'ie d'-ve!op:vits mi 1 i»n

3J N'i vjan and Sain : I :;..retv. •• river:; of 'lie aula;:*;,- ;.;-.»; lie

35 utilized and add i : io.n.i! |KihHc l-iaefi; .'.:>. ived t|ii»rr:»V,»ni by p.

- .>v:

x 3C> sioi. for suppleaienm! base h.ad [\;iclv;r'| jji iie. at-i-r- ir37 li'.i'i.-in'; a w ; n: >v;i. •'. '•••/.>^;. < iir M<c'-'i.- fission ; o-.'o' . ,

•

3S /'(• li tjiti.il lire of tio stale of St >e York x/u rifictellii tict rw< a. : in;

B-68
S. I)7ll>— A. Sli'JO 13

1 statu If, for each application to the siting board Jura nuclear facility,

2 f"r yiri succi c<linti the, effmive dnlr. of this net. that.

3 construction of such n facility u'ill be necessary to meet a compelling

4 need; and thai for the purposes (i; of .so utilizing such capacity and

5 of < vln fr s«<«h additional benefit, (ii) of providing additional low

'g cost power and clergy •<» attract and expand high load factory

7 industry, (iii> of continuing an adequate supply of power and

g energy for the future needs of [its] municipal electric systems and

9 rural electric cooperative customers, and (iv).of assisting in the

\q development of additional dependable hydroelectric power from

i| other waters of the state and in the development of advanced

12 facilities having substantial prospects of reducing electricity

13 production costs, the public interest requires that the authority

14 participate in the generation of supplemental electric power and

15 energy [by pumped storage hydrocJectric and nuclear means] by

lg incans of these energy storage facilities, nuclear fission facilities

17 currently in operation or under construction or which the

18 legislature of the state of New York specifically determines by

19 statute for inch application Li the siting hoard for a nuclear facility,

20 for the three \j< nrs succeeding the effective dale of this act, that

21 construction of such a facility will be necessary to meet a compelling

22 need and by implementing new energy technologies which utilize

23 reneicable energy sources, advanced fossil fuel technologies and

24 energy storage systems to the extent authorized in this title.

25 It is further declared (i) that there should be full cooperation

26 among private and public entities including the authority, mtm27 icipal corporations and rural electric cooperatives engaged in power

28 generation, transmission and distribution and in associated

29 developmental and service activities, (ii) that it is desirable tliat the

30 authority and the utilities winch with the authority constitute the

31 New York power pool exchange comparable cost, performance anil

32 operating data with respect to generation by nuclear means par33 ticularly reflecting the effect of the authoi ity's Um-free stains, liii)

34 that it is desirable and reasonable that the authority sell power and

35 energy from its projects ot Iter than the Niagara and Suit it Lawrence

36 hydroelectric projects, not needed for [its] high load factor iudus37 trial, municipal, rural electric cooperative and public transporta38 tioii customers to other members of the New York power pool for

B-69
S. (i7IG—A. SCCO 14

1 resale without discrimination finder their res| five tariffs ;in<l (i\ )

2

|lhal it is desirable that l.lic* authority, in order to cooperate hi New

3 York state atomic and space development authority's program for

4 maximum development ami peaceful use of ;itomie energy, utilize

5 nuclear fuel supplied by New York stale atomic and space

fj develoinnent authority to the extent deemed advisable by ihe

7 trustees] that I hi authority shall give its fullest cooperation to tin

K energy research and development authority in advancing and

9 promoting the development and implementation of new energy

10 technologies, and shall fulfill its responsibilities for the development

H and maintenance of a New York stale base load to Ihe greatest

12 extent possible by acquiring new energy technologies madtravailablr

13 by lhe- energy research and development authority and by con14 slructing, developing, operating and maintaining generating

15 facilities based upon such new energy technologies. Upon certifica16 Hon of the public service commission of llu commercial feasibility of

17 a neiv energy technology, the authority shall immediately plan and

lg construct a commercial installation of such technology. The auth19 ority may plan and construct such facilities in the absence of such

20 certification.

21 § (> Such law is hereby amended by adding thereto a new seel ion,

22 to be section one thousand one-b, to read as follows:

23 § 1001 -b. Definitions. As used in this title;

24 I- "Fossil fuelrencrgy" shall mean all forms of energy derived

25 ffnni the. conventional combustion of oil, gas or coal.

26 » 2. "New energy technologies" shall mean all methods used to

27 produce energy other than those utilizing romentional nuclear

28 fission and fossil fuels.

29 § 17. The second unnumbered paragraph of section one thousand

30 five of such law, as amended by 'chapter four hundred eighty-nine of

31 the laws of nineteen hundred seventy-two, is hereby amended to

30 read as follows:

33' Tlvr authority is authorized lo construct throughout its area of

34 scrvic ::'.') such [hydroelectric pumped] i iu rgy «=!orairc projects, as

35 it deems neeessan or desirable to supplement I lie supply"of electric

3g power and energy and lb) such £!> isednad nuclear] general in-.:

37 fae'lit: .. utilising »« u i u*T;*u tivhuPttHt'-'s sw in its jiidjrciue:!! are

38 necessary ind such bast -h ud iiudi ur gi »i» rati:;/ j\iet !, ln~s which tin

B-70
S. (i7iii-_.\. sii2U lf»

1 kgisleiturc. of the slate of Snr York specifically determines by

2 statute for each application to the siting board for a nuclear fission

3 ffacility, for tin thru years succeeding the effective, dale of this act,

4 to hi necessary to meet a coinpt lling need (\) to supply sufficient

5 suppl' ini nl.il energy to make possible iiptiiiuiin use of the generat6 intr c;ipaei.ty of tin- authority's Saint Lawieucc ami Niagara hy7 droclcct ric projects, (iij to supply low cost power ami energy to hit:!:

8 load r'actor mamil'act urers which will build new facilities in the

9 authority's area of service or expand existing facility's provided

10 sucli power and energy is made available to them, and (iii) to supply

11 the future needs of the authority's [existing] municij>al electric and

12 rural electric cooperative customers.

13 § IX. Subdivision nine of section ten hundred five of such law, as

14 added by chapter two hundred ninety-four of the laws of nineteen

15 hundred sixty-eight, is hereby amended to read as follows:

16 9. To cooperate with and[. when the trustees deem it feasible and

17 advisable,] to enter into contractual arrangements with New York

18 State [atomic and space] energy research and development auth19 ority in connection with the planning, siting, development, con20 struction, operation and maintenance of [nuclear] generating

21 facilities of the authority utilizing new energy technologies to the

22 extent such action is consistent with the purposes and powers

23 granted by law to New York State [atomic and space] energy

24 research and development authority.

25 § 19. Subdivision ten of section one thousand five of such law is

26 hereby repealed and subdivisions eleven and twelve thereof are

27 hereby" renumbered to be subdivisions ten and eleven respectively.

28 § -0. Subdivision tour-a of section eighteen -a of the public

29 service law is hereby repealed and a new subdivision, to be sub30 division six. is hereby added thereto to read as follows:

31 t>- The costs of the Sew York state energy research and devclop32 "if"' authority in esctss of that amount available from bonds.

33 appropriations and grants in undertaking research, development

34 and demonstration of m w energy technologies and energy const r35 ration ttchniejurs shall bi apportioned among the gas and tlectric

36 corporations as di fint d in si ction two of this chaptt r in accordance

37 with the billing proctdures of this section. The total amount which

mi'.i/ be charged lo any such gas ami tlectric corporal ions for any

B-71
S. 6716—.A. SK'20 ic

1 statf fiscal i/""" shall Ik .6 cents per one thousand cubic ft el for gas

2 sold and .006 cents per kilowatt hour of electricity sold by such

3

corporations in their int nutate, uliliii) operations the last preceding

4 calendar year. Upon receipt of pay men t by the department of all or

5 part of such appropriation, such funds shall he paid over to tlx1

<; comptroller us agent of mid authority for uctoiiht of the said

7 authority.

8 § 21. Such law is hereby amended by adding thereto a new

9 section, to be section one hundred forty-ono-a. to read as follows:

10 § 141-a. Legislative determination. 1. With raped only to the

11 construction of a nuclear fission facility, no certificate of entiron12 mental compatibility and public, need shall be issued by the. siting

13 board, for the three years succeeding the effective date of this act,

14 unless the legislature of the State of New York shall determine by

15 statute for each application for a nuclear facility that such

16 construction will be necessary to meet a compelling need. Such

17 legislature determination shall be made within a reasonable period

18 and in no case later than 60 days after the convening of the next

19 legislative session following the receipt of the application by the

20 Legislature for the proposed nuclear facility.

21 2. The. hoard shall advise t^» legislature of any application for a

22 certificate to construct a nuclear fission facility within ten days of

23 its filing by written notification to the speaker of the assembly and

24 the senate majority leader. The board shall make available to the

25 legislature and any duly authorized committee thereof all relevant

26 material and the department of public service may submit recom27 mendations regarding the proposed nuclear fission facility.

28 § 22. Section sixty-five of such law is hereby amended by adding

29 thereto a new subdivision, to be subdivision one-a, to read as follows:

30 l-o- Notwithstanding the provision of any other law to the

31 contrary, in establishing the rate base to be used by the electric

32 utility companies the commission shall disallow tin refrom after the

33 effective date of this act ami and all expenditures relating to the

34 construction of any nuclear fission facility rud yet under cons: mc3§ Hon prior to the effective date of this subdivision unless the

36 legislature of Hie stale of'.\<w York specifically </,•/• vmiivt t>

: t

37 statute fie each application to ihi siting board for a niicUar fit, rily.

1 for the three years succeeding the effective date of this act, that 2 construction of such nuclear fission facility will be necessary to

^ meet a compelling need.

* § 23. This act shall take effect immediately.

5

B-72
NORTH CAROLINA SB 375

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1975

RATIFIED BILL

CHAPTER 9|

|

HOOSE BILL 375

AN ACT TO APPROPRIATE FUNDS TO NORTH CAROLINA S^TATE UNIVERSITY

FOR RESEARCH AND DEVELOPMENT OF A SOLAR HEATING AND COOLING

SYSTBM WORKING MODEL FOR NEW AND EXISTING HOMES, OFFICE

BUILDINGS, SCHOOLS AND INDUSTRIAL PLANTS.

Whereas, there are no known fossil fuel deposits in

North Carolina that can be commercially developed, but this State

is a recognized leader in the development and dissemination of

knowledge; and

Whereas, solar energy is the world's most abundant

renewable energy resource; and

Whereas, the public welfare of this State would benefit

from the development of an inexpensive solar house heating and

cooling system that can be applied to existing houses or new

houses under construction and designed in such a manner, size and

cost to encourage its use by home owners and builders; and

Whereas, much of the basic research into solar energy

systems has been accomplished and disseminated and there is a

vital need for demonstrated applications of solar energy systems

on average North Carolina homes, office buildings, schools and

industrial plants; and

Whereas, the aim of such research an<J <iev<-l opmon t should

not be intellectual inquiry as an end in it.se 11", but rather the

widespread introduction of new systems for the utilization of

B-73
solar nn^rgy f° r homes, office buildings, schools and industrial

plant;.; for heating purposes; How, therefore.

The General Assembly of North Carolina enacts:

Section |. There is hereby appropriated from the

General Fund to the School of Engineering and the School of

Design of North Carolina State University the sum total of twenty

thousand dollars ($20,000) tor the fiscal year |975-|976, and the

sum of ten thousand dollars ($|0,000) for the fiscal year% | 976-

|977, for the purpose of research and development of a working

solar house heat ing and coolinq system of a kind and size that

can bo applied to existing houses, and new houses under

construction, and to office buildings, schools and industrial

plants; and such research and development is to be conducted in a

manner consistent with the purposes set forth in the preamble to

this act.

Sec. 2. North Carolina State University is hereby

authorized to spend a portion of the funds herein appropriated to

design, construct and display at the North Carolina State Fair a

solar heating and cooling system model for the purpose of

demonstrating and encouraging the use of solar energy for the

heating and cooling of existing homes, new homes under

construction, office buildings, schools and industrial plants in

North Carol ina.

Sec. .1. North Carolina State University is hereby

authorized to apply for, obtain and spend any federal grants of

funds available from the federal government for use in a manner

consistent with the purposes herein designated.

Sec. M. North Carolina State University is hereby

2 House Bill 17^

B-74
authorized to apportion the funds herein appropriated, and any

matching federal tunds obtained as authorized herein, among the

School of Engineering and its departments, the School of Design

and its departments, and any joint projects between those two

schools, in any manner consistent with the purposes herein

designated.

Sec. 5. All expenditures made from the funds

appropriated by this act and for the purposes herein designated

shall be accounted for and reported according to the fiscal and

financial system of the agencies to whom the appropriations are

made as herein set forth.

Sec. 6. This act shall become effective upon

ratification.

In the General Assembly read three times and ratified,

this the day of June, |975.

JAMES B. HUNT, JR.

James B. Hunt, Jr.

President of the Senate

JAMES C GREEN, SR.

James C. Green, Sr.

Speaker of the House of Representatives

House Bill 375

B-75
NORTH DAKOTA SB 2439

OIAITKKSCW TAXATION

CHAPTER 508

SENATE BILL NO. 24 39 (Conlin, J. Schultz)

SOLAR ENERGY SYSTEM EXEMPTION

AN ACT to create and enact a new subsection to section 57-02-08

of the North Dakota Century Code, relating to the exemption

from property taxes of solar energy systems to heat or

cool buildings and structures, and to provide for a time

limitation.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:

SECTION 1.) A new subsection to section 57-02-08 of the

North Dakota Century Code is hereby created and enacted to read as follows:

Installations, machinery, and equipment of systems

which utilize solar energy for the heating or cooling

of new or existing buildings or structures, provided

that if a building or structure has a conventional

heating or cooling system which is supplemented by

a solar energy system, only the solar energy portion

of the total system shall be exempt. Provided, however,

that any exemptions granted by this subsection shall

be valid for a five-year period following installation

of any such system.

Approved April 8, 1975

B-76
OHIO AMENDED SUBSTITUTE HB 584

(8 pages out of 42)

(Amended Substitute House Bill No. 5S4)

AN ACT

To amend sections 122.09, 122.63 to 122.73, and

123.01, to enact sections 122.671, 122.74 to

122.87, and 5709.30 to 5709.37 and to repeal

section 122.08 of the Revised Code to create an Ohio energy and resource development

agency to administer a comprehensive, coordinated program to meet energy needs

throughout this state, authorize the agency

to award grants and contracts for energy and

resource experimental development demonstration facilities, authorize the agency to

issue energy and resource development reve- nue bonds, direct the agency to give priority

to assisting in the construction of a coal conversion plant, provide a 30-year personal

property and franchise tax exemption for

coal conversion facilities constructed prior to

1983, grant the governor energy emergency

powers, and transfer to the agency assets

and property of the Ohio development center

and energy emergency commission, make an

appropriation, and to declare an emergency.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 122.09, 122.63. 122.64, 122.65,

122.66, 122.67, 122.68, 122.69, 122.70, 122.71, 122.72, 122.73, and

B-77
Am. Sub. H. B. No. 584

2

123.01 be amended and sections 122.671, 122.74, 122.75, 122.76,

122.77, 122.78, 122.70, 122.80. 122.81, 122.82, 122.83, 122.84, 122.85,

122.86, 122.87, 5709.30, 5709.31, 5709.32, 5709.33, 5709.34, 5709.35,

5709.36, and 5709.37 of the Revised Code be enacted to read as

follows

Sec. 122.09. The director of the department of economic

and community development, with the approval of the governor,

may appoint technical and advisory <

- o i nn»i.' * i i<nin BOARDS as he

considers appropriate to assist him in carrying out the functions

and duties of the department. 44te ouninuimimm stay inihidc,

vTTT IXDIl tt_ U TT/7 A» atomic energy advisory board, which nhall review the studies,

policies, a«4 activities developed under the authority e4 goo t ion 1160.03 ©I the Revised Code w other activity, review energy devclopmcnca

within the United States a*«l elsewhere, heth scientific a«4 regulatory,

relating te the «se e£ energy

-

; make recommendations te the governor

;

€H*4 furnish te afty- state departments technical udviee oh aHr matters

relating te the production e* ttse ef energy as « coneorua the growth

The members of the advisory boards shall serve without compensation, but shall be reimbursed for the necessary expense in- curred in the performance of their official duties.

Sec. 122.63. As used in sections 122.63 to 122.73 122.83 of

of the Revised Code

(A) "Governmental agency" means the United States government or a department, division, or any agency or authority

thereof or a department, agency, division or any unit of a state government, a municipal corporation, county, township BOARD

OF EDUCATION^ or other political subdivision or any other bodv

corporate and politic^ THE UNITED STATES OR ANY AGENCY

OR INSTRUMENTALITY THEREOF, OR ANY AGENCY, COMMISSION. OR AUTHORITY ESTABLISHED PURSUANT TO AN

INTERSTATE COMPACT OR AGREEMENT.

(B) "ENERGY AND RESOURCE DEVELOPMENT FACILITY" MEANS ANY ENERGY OR RESOURCE DEVELOPMENT FACILITY, INCLUDING UNDIVIDED OR OTHER INTERESTS THEREIN, ACQUIRED OR TO BE ACQUIRED. OR

CONSTRUCTED OR TO BE CONSTRUCTED BY THE OHIO

ENERGY AND RESOURCE DEVELOPMENT AGENCY UNDER

SECTIONS 122.63 TO 122.83 OF THE REVISED CODE, OR ACQUIRED OR TO BE ACQUIRED, OR CONSTRUCTED OR TO

BE CONSTRUCTED BY A GOVERNMENTAL AGENCY OR PERSON WITH ALL OR A PART OF THE COST THEREOF BEING

PAID FROM A LOAN OR GRANT FROM THE AGENCY UNDER

SUCH SECTIONS, INCLUDING ALL BUILDINGS AND FACILITIES THAT THE AGENCY DETERMINES NECESSARY FOR

THE OPERATION OF THE FACILITY, TOGETHER WITH ALL

B-78
Am. Sub. H. B. No. 584

3

PROPERTY, RIGHTS. EASEMENTS, AND INTERESTS THAT

MAY HE REQUIRED FOR THE OPERATION OF THE FACILITY,

WHICH FACILITIES MAY INCLUDE:

(1) ANY BUILDING, TESTING FACILITY, TESTING DEVICE, OR SUPPORT FAOH 'TIES WHICH WOULD PROVIDE

EXPERIMENTAL, DEMONSTRATION, OR TESTING CAPABILITIES OR SERVICES NOT OTHERWISE AVAILABLE IN

THIS STATE AND WHICH ARE NECESSARY VOR THE ACCOMPLISHMENT OF THE PURPOSES OF SECTIONS 122.63 TO

122.83 OF THE REVISED CODE;

(2) ANY METHOD, PROCESS, STRUCTURE, OR EQUIPMENT THAT IS USED TO STORE COAL, OIL, NATURAL GAS,

FUEL FOR NUCLEAR REACTORS, OR ANY OTHER FORM OF

ENERGY;

(3) ANY METHOD, PROCESS. STRUCTURE, OR EQUIPMENT THAT IS USED TO RECOVER OR CONVERT COAL, OIL,

NATURAL GAS. STEAM, OR OTHER FORM OF ENERGY FROM

PROPERTY LOCATED WITHIN THE STATE FOR THE PURPOSE OF SUPPLYING ENERGY FOR UTILIZATION;

(4) ANY METHOD, PROCESS, STRUCTURE, OR EQUIPMENT THAT IS DESIGNED TO RESULT IN MORE EFFICIENT

RECOVERY, CONVERSION, OR UTILIZATION OF ENERGY

RESOURCES WITHIN THE STATE.

(C) "COST" AS APPLIED TO AN ENERGY AND RESOURCE DEVELOPMENT FACILITY MEANS THE COST OF

ACQUISITION AND CONSTRUCTION, THE COST OF ACQUISITION OF ALL LAND, RIGHTS-OF-WAY, PROPERTY RIGHTS,

EASEMENTS, FRANCHISE RIGHTS. AND INTERESTS REQUIRED FOR SUCH ACQUISITION AND CONSTRUCTION, THE

COST OF DEMOLISHING OR REMOVING ANY BUILDINGS OR

STRUCTURES ON LAND SO ACQUIRED, INCLUDING THE

COST OF ACQUIRING ANY LANDS TO WHICH SUCH BUILDINGS OR STRUCTURES MAY BE MOVED. THE COST OF ACQUIRING OR CONSTRUCTING AND EQUIPPING A PRINCIPAL OFFICE AND SUBOFFICES OF THE AGENCY, THE COST

OF DIVERTING HIGHWAYS, INTERCHANGE OF HIGHWAYS,

ACCESS ROADS TO PRIVATE PROPERTY, INCLUDING THE

COST OF LAND OR EASEMENTS FOR SUCH ACCESS ROADS,

THE COST OF PUBLIC UTILITY AND COMMON CARRIER RELOCATION OR DUPLICATION, THE COST OF ALL MACHINERY, FURNISHINGS, AND EQUIPMENT, FINANCING

CHARGES. INTEREST PRIOR TO AND DITHNG CONSTRUCTION AND FOR NO MORE THAN EIGHTEEN MONTHS

AFTER COMPLETION OF CONSTRUCTION. ENGINEERING,

EXPENSES OF RESEARCH AND DEVELOPMENT WITH RESPECT TO THE FACILITY, LEGAL EXPENSES. PLANS. SPECIFICATIONS. SURVEYS, STUDIES, ESTIMATES OF COST AND

REVENUES. WORKING CAPITAL. OTHER EXPENSES NECESSARY OR INCIDENT TO DETERMINING THE FEASIBILITY

B-79
Am. Sub. H. B. No. 584

4

OR PRACTICABILITY OF ACQUIRING OR CONSTRUCTING

SUCH FACILITY, ADMINISTRATIVE EXPENSE, AND SUCH

OTHER EXPENSE AS MAY HE NECESSARY OR INCIDENT

TO THE ACQUISITION' OR CONSTRUCTION OF THE FACILITY,

THE FINANCING OK SUCH ACQUISITION OR CONSTRUCTION,

INCLUDING THE AMOUNT AUTHORIZED IN THE RESOLUTION OF THE AGENCY PROVIDING FOR THE ISSUANCE OF

ENERGY AND RESOURCE DEVELOPMENT REVENUE BONDS

TO BE PAID INTO ANY SPECIAL FUNDS FROM THE PROCEEDS OF SUCH BONDS AND THE FINANCING OF THE

PLACING OF SUCH FACILITY IN OPERATION. ANY OBLIGATION, COST, OR EXPENSE INCURRED AFTER THE EFFECTIVE DATE OF THIS SECTION BY ANY GOVERNMENTAL

AGENCY OR PERSON FOR SURVEYS. BORINGS, PREPARATION OF PLANS AND SPECIFICATIONS, AND OTHER ENGINEERING SERVICES, OR ANY OTHER COST DESCRIBED

ABOVE, IN CONNECTION WITH THE ACQUISITION OR CONSTRUCTION OF A FACILITY MAY BE REGARDED AS A

PART OF THE COST OF SUCH FACILITY AND MAY BE REIMBURSED OUT OF THE PROCEEDS OF ENERGY AND DEVELOPMENT REVENUE BONDS.

(D) "OWNER" INCLUDES ANY PERSON HAVING ANY

TITLE OR INTEREST IN ANY PROPERTY. RIGHTS, ESTATES,

EASEMENTS, OR INTERESTS AUTHORIZED TO BE ACQUIRED.

(E) "REVENUES" MEANS ALL RENTALS AND OTHER

CHARGES RECEIVED BY THE AGENCY FOR THE USE OR

SERVICES OF ANY ENERGY AND RESOURCE DEVELOPMENT FACILITY, ANY CONTRACT, GIFT, OR GRANT RECEIVED WITH RESPECT TO ANY ENERGY AND RESOURCE

DEVELOPMENT FACILITY, AND MONEYS RECEIVED WITH

RESPECT TO THE LEASE. SUBLEASE, SALE. INCLUDING

INSTALLMENT SALE OR CONDITIONAL SALE, OR OTHER

DISPOSITION OF AN ENERGY AND RESOURCE DEVELOPMENT FACILITY, MONEYS RECEIVED IN REPAYMENT OF

AND FOR INTEREST ON ANY LOANS MADE BY THE AGENCY

TO A PERSON OR GOVERNMENTAL AGENCY. WHETHER

FROM THE UNITED STATES OR ANY DEPARTMENT. ADMINISTRATION, OR AGENCY THEREOF. OR OTHERWISE.

PROCEEDS OF ENERGY AND RESOURCE DEVELOPMENT

REVENUE BONDS TO THE EXTENT THAT THE USE THEREOF FOR PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY,

OR INTEREST ON THE BONDS IS AUTHORIZED BY THE

AGENCY, PROCEEDS FROM ANY INSURANCE, CONDEMNATION. OR GUARANTY PERTAINING TO A FACILITY' OR PROPERTY MORTGAGED TO SECURE BONDS OR PERTAINING TO

THE FINANCING OF A FACILITY, AND INCOME AND PROFIT

FROM THE INVESTMENT OF THE PROCEEDS OF ENERGY

AND RESOURCE DEVELOPMENT REVENUE BONDS OR OF

ANY REVENUES.

B-80
Am. Sub. H. B. No. 584

5

(F) "PUBLIC ROADS" INCLUDES ALL PUBLIC HIGHWAYS. ROADS, AND STREETS IN THE STATE, WHETHER

MAINTAINED BY THE STATE, COUNTY, CITY, TOWNSHIP,

OR OTHER POLITICAL SUBDIVISION.

(G) "CONSTRUCTION." UNLESS THE CONTEXT INDICATES A DIFFERENT MEANING OR INTENT, INCLUDES

CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, IMPROVEMENT, OR PROVIDING FURNISHINGS OR EQUIPMENT.

(H) "ENERGY AND RESOURCE DEVELOPMENT REVENUE BONDS," UNLESS THE CONTEXT INDICATES A DIFFERENT MEANING OR INTENT, INCLUDES ERERGY AND

RESOURCE DEVELOPMENT REVENUE BONDS, ENERGY

AND RESOURCE DEVELOPMENT REVENUE NOTES, AND

ENERGY AND RESOURCE DEVELOPMENT REVENUE REFUNDING BONDS.

(I) "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP, ASSOCIATION, OR CORPORATION.

(J) AS USED IN SECTIONS 122.84 TO 122.87 OF THE

REVISED CODE, "ENERGY" MEANS CRUDE OIL, RESIDUAL

FUEL OIL, REFINED PETROLEUM PRODUCTS, COAL, NATURAL AND ARTIFICIAL GAS, PROPANE, AND ELECTRICITY.

Sec. 122.64. (A) There is hereby created the Ohio ENERGY

AND RESOURCE development **** AGENCY, A BODY BOTH

CORPORATE AND POLITIC OF THE STATE^ herein referred

to as the 'vi ator ^AGENCY." The purpwo PURPOSES of the

eefttep AGENCY shall be to encourage, promote, and support new

technological, economic, and organizational research, EXPERIMENTAL AND DEMONSTRATION projects, and programs designed to MORE EFFICIENTLY UTILIZE PRESENT, NEW, OR

ALTERNATIVE ENERGY OR OTHER RESOURCES, TO ASSIST

IN THE FINANCING OF ENERGY AND RESOURCE DEVELOPMENT FACILITIES, TO improve the general welfare of the people

of the state h+rL to foster economic development and the creation

OR PRESERVATION of jobs and employment opportunities within

the state^ AND TO ASSIST AND COOPERATE WITH GOVERNMENTAL AGENCIES IN ACHIEVING THESE PURPOSES. THE

AGENCY SHALL GIVE PRIORITY TO THE ESTABLISHMENT,

LOCATION, AND CONSTRUCTION OF ONE LOW HEAT VALUE

AND ONE HIGH HEAT VALUE COAL CONVERSION PLANT,

AT SUITABLE SITES WITHIN THIS STATE. To achieve Hhs

p*v?me THESE PURPOSES the «*h*h= t4**tt AGENCY MAY:

(1) Identify, plan, organize, initiate, and <li-moimtrntp f4k4

project s SPONSOR STUDIES. RESEARCH. AND EXPERIMENTAL AND DEMONSTRATION FACILITIES AND PROJECTS

WHICH WOULD LEAD TO THE DEVELOPMENT AND MORE

EFFICIENT UTILIZATION OF PRESENT, NEW, OR ALTERNATIVE ENERGY SOURCES IN THE STATE, TO THE CONSERVAB-81
Am. Sub. H. B. No. 584

6

TION OF ENERGY, TO THE ATTRACTION OF FEDERAL AND

OTHER DEVELOPMENT FUNDING in emerging and established

national or state priority ureas *\4hch- r+»«!4 «4trai4 I 'inaneial rtss i ii lunec

mid participation oil i er mw«*i h++4 wtt+"4t wmi rd U** en^ried «h

outt i i . lo the w-w^ OR TO THE ENHANCEMENT OF THE ECONOMIC DEVELOPMENT OF THE STATE; *

(2) Develop SEEK OUT AND DEVELOP proposals tmd seek

«rt a«4 identify ++ew *md wtkU*- TO ATTRACT FUNDS FROM

federal ENERGY AND OTHER development f+^K* ft-hd programs

which *r& uttruet l'und ii . AND from available OTHER sources both

public and private, to carry forward r mrtside the erttt-eFr those projects

PURPOSES set forth in divis i on ±U ei this section;

(3) Promote, assist, and provide financial assistance for the

development of nonprofit corporations organized and established

under Chapter 1702. of the Revised Code to eemn+He ihe projeetti set fertk i» dm**** 4-A+ 4±t e4 tlm net4i#ft «+ furtherance ef FURTHER

the purpose PURPOSES of this section^

(4) APPLY FOR, RECEIVE, AND ACCEPT GRANTS,

GIFTS, CONTRIBUTIONS, LOANS, AND OTHER ASSISTANCE

IN ANY FORM FROM PUBLIC AND PRIVATE SOURCES. INCLUDING ASSISTANCE FROM ANY GOVERNMENT AGENCY

;

(5) MAKE GRANTS FROM FUNDS THAT ARE APPROPRIATED BY THE GENERAL ASSEMBLY AND FROM

GIFTS OR GRANTS OBTAINED UNDER DIVISION (A) (4)

OF THIS SECTION TO PERSONS, BOARDS OF EDUCATION,

STATE AGENCIES, OR POLITICAL SUBDIVISIONS FOR THE

PURPOSES OF CONSTRUCTING AND OPERATING EXPERIMENTAL AND DEMONSTRATION FACILITIES WHICH DEVELOP, TEST, OR DEMONSTRATE MORE EFFICIENT AND

ENVIRONMENTALLY ACCEPTABLE METHODS OF EXTRACTING ENERGY RESOURCES, NEW CONCEPTS OR TECHNOLOGY FOR THE CONSERVATION OF ENERGY, NEW CONCEPTS

OR TECHNOLOGY FOR THE EFFICIENT AND ENVIRONMENTALLY ACCEPTABLE UTILIZATION OF PRESENT. NEW.

OR ALTERNATIVE ENERGY SOURCES, OR CONCEPTS OR

TECHNOLOGY WHICH DEVELOP RESOURCES OF THE

STATE. GRANTS MAY BE MADE FOR, BUT NOT LIMITED TO,

PROJECTS SUCH AS: EXPERIMENTAL DEMONSTRATIONS

OF THE USE OF OHIO COAL IN PROCESSES WHICH WOULD

FACILITATE ITS WIDESPREAD USE AS A SOURCE OF

ENERGY: EXPERIMENTAL DEMONSTRATIONS OF NEW OR

IMPROVED COAL. NATURAL GAS, AND NATURAL PETROLEUM EXTRACTION TECHNIQUES AND OF RECLAMATION

TECHNIQUES AT THE EXTRACTION SITES: EXPERIMENTAL

DEMONSTRATIONS OF SOLAR HEATING AND COOLING AND

POTENTIALLY ENERGY-EFFICIENT CONSTRUCTION IN PUBLIC BUILDINGS, SCHOOLS. OFFICES. COMMERCIAL ESTABLISHMENTS. AND RESIDENTIAL HOMES: EXPERIMENTAL

DEMONSTRATIONS OF THE UTILIZATION OF WASTE PROB-82
Am. Sub. H. B. No. 584

7

DUCTS IN ENERGY PRODUCTION AND MINERAL AND

ENERGY CONSERVATION; AND EXPERIMENTAL DEMONSTRATIONS OE TECHNOLOGIES WHICH WOULD PERMIT

UTILITY PRICING POLICIES WHICH MAY REDUCE THE CONSUMER COSTS OF ENERGY

;

(6) INITIATE. ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, AND OPERATE ENERGY AND RESOURCE DEVELOPMENT FACILITIES OR CAUSE THE SAME TO BE OPERATED

PURSUANT TO A LEASE, SUBLEASE, OR AGREEMENT WITH

ANY PERSON OR GOVERNMENTAL AGENCY;

(7) MAKE LOANS AND GRANTS TO GOVERNMENTAL

AGENCIES FOR THE ACQUISITION OR CONSTRUCTION OF

ENERGY AND RESOURCE DEVELOPMENT FACILITIES BY

SUCH GOVERNMENTAL AGENCIES

;

(8) MAKE LOANS TO PERSONS FOR THE ACQUISITION

OR CONSTRUCTION OF ENERGY AND RESOURCE DEVELOPMENT FACILITIES BY SUCH PERSONS;

(9) ISSUE ENERGY AND RESOURCE DEVELOPMENT

REVENUE BONDS OF THIS STATE PAYABLE SOLELY FROM

REVENUES, TO PAY THE COST OF ENERGY AND RESOURCE

DEVELOPMENT FACILITIES

;

(10) ENTER AGREEMENTS WITH PERSONS AND GOVERNMENTAL AGENCIES, IN ANY COMBINATION, FOR THE

PURPOSES OF THIS SECTION.

(B) The center AGENCY shall be under the control, management, supervision, and direction of the board of trustees of the

Ohio ENERGY AND RESOURCE development ee*ter AGENCY,

which shall be composed of nine members. The members of the

board shall be the director ef economic: awd community development

ftttd eight individuals appointed hy the governor with the advice ft»d oonsettt ef the Benate

;

wet more than four ef such eight individunlo

shall he ef the same political party, ^fhe second paragraph ef oection

121.05 ef the Revised Code w «et applicable te the membership e» the

board el the director ef economic fmd community development: ¥he

director ef the center shall he ft nonvoting e* officio member ef the

board fts provided m division -f^- -fh)- ®£ section 1:22.66 ef the Revised

€eder

•fG}- Within thirty daya ef the effective dftte ef this oection, the

governor filial! make initial appointments te the board; Of the initial appointments made te the board, twe shall he fer terms ending ene

year after the effective date ef flm section, three sha l l he fep terms ending twe vcars after thttt dat e . rtt+d- three shall he fep terms ending

tlwee veftes aftef thftt tht+e FIVE PUBLIC MEMBERS APPOINTED

BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF

THE SENATE. NO MORE THAN THREE OF WHOM SHALL BE

OF THE SAME POLITICAL PARTY: AND FOUR LEGISLATIVE

MEMBERS, ONE OF WHOM SHALL BE APPOINTED BY THE

PRESIDENT PRO TEMPORE OF THE SENATE, ONE OF WHOM

SHALL BE APPOINTED BY THE MINORITY LEADER OF THE

B-83
Am. Sub. H. B. No. 584

8

SENATE, ONE OF WHOM SHALL RE APPOINTED BY THE

SPEAKER OF THE HOUSE, AND ONE OF W HOM SHALL BE

APPOINTED BY THE MINORITY LEADER OF THE HOUSE.

EACH LEGISLATIVE LEADER SHALL DESIGNATE ANOTHER

MEMBER OF THE GENERAL ASSEMBLY WHO IS OF THE

APPOINTED MEMBER'S SAME HOUSE AND POLITICAL

PARTY TO SERVE AS THE APPOINTED MEMBER'S ALTERNATE AT ALL MEETINGS OF THE BOARD THAT THE

APPOINTED MEMBER IS UNABLE TO ATTEND. THE LEGISLATIVE MEMBERS AND THEIR DESIGNATED ALTERNATES

SHALL BE ENTITLED TO FULL PARTICIPATION IN ALL

BOARD DELIBERATIONS AND ACTIVITIES, EXCEPT THAT

THEY SHALL SERVE AS NONVOTING MEMBERS. EACH

LEGISLATIVE MEMBER SHALL SERVE ON THE BOARD FOR

THE DURATION OF THE ELECTED TERM THAT HE IS

SERVING AT THE TIME OF HIS APPOINTMENT. WITHIN

THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ACT

THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO

THE BOARD. OF THE INITIAL APPOINTMENTS MADE TO

THE BOARD, ONE SHALL BE FOR A TERM ENDING ONE

YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,

ONE SHALL BE FOR A TERM ENDING TWO YEARS AFTER

THAT EFFECTIVE DATE, ONE SHALL BE FOR A TERM

ENDING THREE YEARS AFTER THAT EFFECTIVE DATE,

AND TWO SHALL BE FOR TERMS ENDING FOUR YEARS

AFTER THAT DATE. Thereafter, appointed PUBLIC members'

terms of office shall be for throe FOUR years, each term ending on

the same day of the same month of the year as did the term which

it succeeds. Each PUBLIC member shall hold office from the date

of his appointment until the end of the term for which he was

appointed. Any PUBLIC member shall continue in office subsequent

to the expiration date of his term until his successor takes office, or

until a period of sixty days has elapsed, whichever occurs first. Any

.member of the board shall be eligible for reappointment.

(D) Each appointed PUBLIC member of the board shall be a

resident of the state and a qualified elector therein. Before entering

upon the discharge of his duties, each tt npuhuett PUBLIC member

of the board shall take an oath as prescribed by scutum SECTION 7

of Article XV, Ohio Constitution.

(E) Mcmboro e# tke board sh all serve without compensation, b«*

shall be reimbursed actual «-u4 t uvo.—arv expunges incurred m tlte performance «4 effWit* tkrtw* PUBLIC MEMBERS OF THE

BOARD, WHEN ENGAGED IN THEIR DUTIES AS MEMBERS

OF THE BOARD. SHALL BE PAID AT THE PER DIEM RATE

OF STEP 1, PAY RANGE 32. UNDER SCHEDULE B OF SECTION 124.15 OF THE REVISED CODE, OR AS OTHERWISE

PROVIDED BY LAW, AND SHALL RECEIVE THEIR NECESSARY TRAVELING EXPENSES. SUCH PAYMENTS FOR PUBLIC MEMBERS OF THE BOARD SHALL BE MADE FROM THE

MONEYS APPROPRIATED FOR OPERATING EXPENSES OF

B-84
OREGON LEGISLATIVE ASSEMBLY—1975 REGULAR SESSION

A-ENGROSSED

House Bill 2038

Ordered by the Senate April 18

(Including Amendments by House March 6 and by Senate April 18)

By order of the Speaker (at the request of the Joint

Interim Committee on Environmental/Agricultural and Natural Resources)

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.

Adds solar energy consideration to comprehensive planning; allows

county planning commission to recommend ordinances protecting and

assuring access to incident solar energy and governing height and setback

of buildings; allows city planning commission to recommend zoning ordi- nances limiting or conditionally limiting aspects of buildings and to recom- mend energy saving incentives. Permits city council to consider solar

energy potential in regulating buildings and open spaces. Requires council

to exercise powers so as to preserve constitutional rights.

NOTE: Matter In bold face in an amended section is new; matter [italic and bracketed] is existing law to be omitted; complete new sections begin with

SECTION

.

B-85
A-Eng. HB 2036 [ 2 ]

1 A BILL FOR AN ACT

3 Relating to planning and zoning; amending ORS 215.055, 215.110, 227.090

3 and 227.230.

4 Be It Enacted by the People of the State of Oregon:

6 Section 1. ORS 215.055 is amended to read:

6 215.055. (1) Any comprehensive plan and all zoning, subdivision or

7 other ordinances and regulations authorized by ORS 215.010 to 215.233

8 and 215.402 to 215.422 and adopted prior to the expiration of one year

9 following the date of the approval of state-wide planning goals and

10 guidelines under ORS 197.240 shall be designed to promote the public

11 health, safety and general welfare and shall be based on the following

12 considerations, among others: The various characteristics of the various

13 areas in the county, the suitability of the areas for particular land uses

14 and improvements, the land uses and improvements in the areas, trends

IB in land improvement, density of development, property values, the needs

16 of economic enterprises in the future development of the areas, needed

17 access to particular sites in the areas, natural resources, including inci18 dent solar energy and utilization, of the county and prospective needs for

19 development and utilization thereof, and the public need for healthful,

20 safe, aesthetic surroundings and conditions.

21 (2) Any plan and all zoning, subdivision or other ordinances and reg22 ulations authorized by ORS 215.010 to 215.233 and 215.402 to 215.422 and

23 adopted after the expiration of one year after the date of the approval

24 of state-wide planning goals and guidelines under ORS 197.240 shall be

25 designed to comply with such state-wide planning goals and any subse-*

26 quent revisions or amendments thereof.

87 (3) In order to conserve natural resources of the state, any land use

28 plan or zoning, subdivision or other ordinance adopted by a county shall

29 take into consideration lands that are, can or should be utilized for sources

80 or processing of mineral aggregates.

31 Section 2. ORS 215.110 is amended to read:

32 215.110. (1) The commission may recommend to the governing body " ordinances intended to carry out part or all of the comprehensive plan

B-86
[ 3 ] A-Eng. HB 2036

I adopted by the commission. The ordinances may provide, among other

a things, for:

3 (a) Zoning,

4 (b) Official maps showing the location and dimensions of, and the

6 degree of permitted access to, existing and proposed thoroughfares, ease6 ments and property needed for public purposes,

7 (c) Preservation of the integrity of the maps by controls over cong struction, by making official maps parts of county deed records, and by

9 other action not violative of private property rights, and

10 (d) Conservation of the natural resources of the county.

II (2) The commission may also recommend to the county governing

12 body ordinances renaming public thoroughfares, protecting and assuring

18 access to incident solar energy, numbering property, and controlling sub14 division and other partitioning of land and the location, construction, main15 tenance, repair and alteration of buildings , including height and setback,

16 and other structures.

17 (3) The governing body may enact, amend or repeal ordinances recj8 ommended by authority of this section, together with whatever amend19 ments it believes the public interest requires. The governing body may

20 also enact, amend or repeal with reference to any subject mentioned in

21 subsection (1) of this section, an ordinance on which the governing body

22 initiates action, provided that it first requests from the commission a re23 port and recommendation regarding the ordinance and allows a reason24 able time for submission of the report and recommendation. The gov25 erning body may also enact, amend or repeal with reference to any sub26 ject mentioned in subsection (2) of this section, an ordinance on which

27 the governing body initiates action, regardless of whether the county

28 has a planning commission; provided that, in the event the county has

29 a planning commission, the governing body first requests from the com30 mission a report and recommendation regarding the ordinance and al81 lows a reasonable time for submission of the report and recommendation.

82 (4) The governing body may refer to the legal voters of the county

B-87
A-Eng. HD 2036 [4]

1 for their approval or rejection an ordinance or amendments thereto for

2 which subsection (3) of this section provides. If only a part of the county

3 is affected, the ordinance or amendment may be referred to that part only.

4 (5) An ordinance enacted by authority of this section may prescribe

6 fees and appeal procedures necessary or convenient for carrying out the

6 purposes of the ordinance.

7 (6) No retroactive ordinance shall be enacted under the provisions of

8 this section.

9 Section 3. ORS 227.0G0 is amended to read:

10 227.090. Except as otherwise provided by law, the commission may:

11 (1) Recommend and make suggestions to the city council and to all

12 other public authorities concerning laying out, widening, extending, park13 ing and locating of streets, sidewalks and boulevards, relief of traffic

14 congestion, betterment of housing and sanitation conditions and estab15 lishment [of zones of districts limiting] of zoning ordinances limiting

16 the use, height, area and bulk of buildings and structures.

17 (2) Recommend to the city council and all other public authorities

18 plans for regulation of the future growth, development and beautifica19 tion of the municipality in respect to its public and private buildings and

20 works, streets, parks, grounds and vacant lots, and plans consistent with

21 future growth and development of the city in order to secure to the city

22 and its inhabitants sanitation, proper service of all public utilities, includ23 ing appropriate public incentives for overall energy conservation and

24 harbor, shipping and transportation facilities.

25 (3) Recommend to the city council and all other public authorities

26 plans for promotion, development and regulation of industrial and eco27 nomic needs of the community in respect to private and public enterprises

28 engaged in industrial pursuits.

29 (4) Advertise the industrial advantages and opportunities of the

30 municipality and availability of real estate within the municipality for

31 industrial settlement.

32 (5) Encourage industrial settlement within the municipality.

33 (6) Make an economic survey of present and potential possibilities of

84 the municipality with a view to ascertaining its industrial needs.

B-88
[ 5 ] A-Eng. HB 2036

1 (7) Study needs of existing local industries with a view to strength2 ening and developing local industries and stabilizing employment con3 ditions.

4 (8) Do and perform all other acts and things necessary or proper to

6 carry out the provisions of ORS 227.010 to 227.180.

6 (9) Study and propose in general such measures as may be advisable

7 for promotion of the public interest, health, morals, safety, comfort, con8 venience and welfare of the city and of the area six miles adjacent thereto*

9 Section 4. ORS 227.230 is amended to read:

10 227.230. (1) The council may by ordinance regulate, restrict and seg11 regate the location of industries, the several classes of business, trades

12 or callings, the location of apartment or tenement houses, clubhouses,

13 group residences, two family dwellings, single family dwellings and the

14 several classes of public and semipublic buildings, and the location of

15 buildings or property for specified uses, and may divide the city into dis16 tricts of such number, shape and area as the council may deem best suited

17 to carry out the purposes of ORS 227.220 to 227.280, subject to the provi18 sions of ORS 227.250 and 227.260.

19 (2) The council may place reasonable regulations and limitations up20 on the height , setback and bulk of buildings erected after May 29, 1919,

21 and regulate and determine the area of yards, courts and other open

22 spaces having due regard of the use and occupancy of the land and may

23 also consider the site slope and tree cover, with regard to solar exposure

24 in such case. The council shall not unreasonably restrict construction where

25 site slope and tree cover make incident solar energy collection unfeasible,

26 except an existing solar structure's sun plane shall not be substantially

27 impaired.

28 (3) In order to conserve natural resources of the state and the pros29 pective needs for development thereof, any land use zoning ordinance

30 adopted by a city shall take into consideration lands that are, can or

31 should be utilized for sources or processing of mineral aggregates.

32 (4) The powers given in this section shall be so exercised as to preserve

33 constitutional rights.

O

B-89
OREGON HB 2202

OIIEGON LEGISLATIVE ASSEMBLY—1975 REGULAR SESSION

A-ENCROSSED

House Bill 2202

Ordered by the Speaker May 9

(Including Amendments by House Mny 9)

Sponsored bv Representatives PAULUS, BUNN, FROHNM A YER,

GUSTAFSON, Senators CARSON, HALLOCK, WINGARD. ReDresentatives BURROWS, DENSMORE, FADELEY. KATZ, MARTIN,

STEVENSON, VAN VLIET, WOLFER, Senators HEARD, RIPPER

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.

Exempts from ad valorem taxation increased value of [residential property] any building or structure attributable to solar energy heating or cooling system, or any other solar energy system not fossil-fueled , excluding heat pumps . Applies to assessment years beginning on and after January 1, 1976 , but

not to assessment years beginning on or after January 1, 1986

.

NOTE: Matter in bold face in an amended section ts new; matter [italic and bracketed] is existing law to be omitted; complete new sections begin with

SECTION.

B-90
A-Eng. IIB 2202 [2]

1 A BILL FOR AN ACT

2 Relating to ad valorem taxation.

3 Be It Enacted by the People of the State of Oregon:

4 SECTION 1. Any building or structure equipped with a solar energy

6 heating or cooling system, or with any other solar energy system that is not

6 fossil-fueled, is exempt from ad valorem taxation in an amount that

7 equals any positive amount obtained by subtracting the true cash value

«

8 of the property without the solar energy system from the true cash value

9 of the property with the system. As used in this section, the term "solar

10 energy system" does not include heat pumps.

11 SECTION 2. This Act applies to assessment years beginning on or

12 after January 1, 1976 but shall not apply to assessment years beginning on

13 or after January 1, 1986. O

B-91
OREGON LEGISLATIVE ASSEMBLY— 1975 REGULAR SESSION

SENATE AMENDMENTS TO

PRINTED A-EN(;R()SSED HOUSE BILL 2202

By COMMITTEE ON REVENUE

May 29

1 On pnge 1 of the printed A-cngrossed bill, delete the sponsors and yisert

2 '"Committee on Revenue".

3 On pnge 2, delete lines 4 through 13 and insert:

i "SECTION 1. Property equipped with a solar energy heating or cooling

5 system is exempt from ad valorem taxation in an amount that equals any

6 positive amount obtained by subtracting the true cash value of the property

7 as if it had a conventional heating or cooling system from the true cash

8 value of the property with the solar heating or cooling system.

9 "SECTION 2. This Act applies to assessment years beginning on or

10 after January 1, 1976, but prior to January 1, 1986.". ©

B-92
SOUTH DAKOTA SB 283

CHAPTER 111

(S.B. 283)

ALLOWING TAX DEDUCTIONS

FOR SOLAR ENERGY SYSTEMS

An Act

ENTITLED, An Act ro provide for a property tax deduction for the

utilization of solar energy systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. For the purpose of this Act, solar heating, solar hot water, or solar cooling devices shall include all controls, tanks, pumps, heat

exchangers, and other hardware necessary to effect the installation of a solar heating or cooling system.

Section 2. The owner of real property who attaches solar heating

or cooling devices to or a part of any residential improvement used primarily

for residential purposes may have deducted annually from the assessed

valuation of real property a sum which is equal to the lesser of:

(1) The remainder of the assessed valuation of the real property

with the solar heating or cooling system included, minus the

valuation of the real property without the system; or

(2) Two thousand dollars.

Section 3. The owner of real property employing a solar energy

system of heating or cooling who desires to claim the deduction provided

in section 1 of this Act shall file a certified statement in duplication with

the auditor of the county in which the real property is located. In addition,

!:..• nu.;ier shall tile the .statement on forms prescribed by the department

revenue, and the owner shall file the statement between November !

,iiul December 10 of each year for which he desires to obtain the deduction.

I pun verification of the statement by the assessor of the county in which

I I io real property is located, the auditor shall make the deduction.

Section 4. This Act shall expire July I, 19S0.

Approved March 25, 1975.

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TEXAS

H.B. NO. 546

•a—ro - any—r^-r-a-o-n-T—^(r»- » t t Is vo i di-l "

Sec. 2. IMs Article takes effect January 1, 1976.

ARTICLE XXI. .

Section 1. Article 20.04, Title 122A, Taxation—General,

Revised Civil Statutes of Texas, 1925, as amended, is amended by

adding a Section (CO to read as follows:

"(CO There are exempted from the taxes Imposed by this

Chapter the receipts from the sale, lease or rental of, and the

storage, use, or other consumption In this State of solar enerqy

devices. A 'solar energy device' is a system or series of

mechanises designed primarily to provide heating or cooling or

to produce electrical or mechanical pover or both by means of

collecting and transferring solar-generated eneray and includes

mechanical or chemical devices having the capacity for storing

solar-generated energy for* use In heating or cooling or in the

production of power."

Sec. 2. Article 12.01, Title 122A, Taxation—General,

Revised Civil Statutes of Texas, 1925, as amended, is amended bv

adding a Section (6) to read as follows:

"(6) A corporation may deduct from its taxable capital

taxable in this state the amortized cost of a solar energy device

acquired by the corporation for the production of energy or for

heating or cooling and used in this State- by the corporation.

The cost may be amortized for any period not less than 60 months

In equal monthly amounts beglnnina on the month the device is

40

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H.B. No. 546

placed into service In this State and extendlnq only during the

period that the device Is In use In this State, A corporation

making a deduction under this Section shall file with the

Conptroller an amortization schedule showinq the per low during

which a deduction Is to be made and on the request of the

Comptroller shall provide proof of the cost of the device and of

its operation in this State. A separate deduction may be taken

for each device placed in service in this State by the

corporation.

Article XXII.

Section 1. Section (H), Article 20.04, Title 122A,

Taxation—General, Revised Civil Statutes of Texas, 1925, as

amended, Is amended to read as follows:

"(H) United States: State; Political Subdivision; Rellaious,

Eleemosynary Or qan 1 zat ions . There are exempted from tr.e

comDutatlon of the amount* of the taxes imposed by this Chapter,

the receipts fror the sale, lease or rental of any taxable items

to, or the storage use or other consumption of taxable items by:

"(1) The United States, its unincorporated agencies and

instrumentalities

.

"(2) Any incorporated aqency or instrumentality of the

United states *holly owned by the United States, or by a corporation

wholly owned by the United States.

"(3) The State of Texas, Its unincorporated aqencies and

Instrumental i 1

1 »s.

i "(4) Any county, cltv, SDecial district or other political

41

B-95
VIRGINIA HB 1809

CHAPTER

3 3 1

An Act to amend the Code of Virginia by adding a section numbered 9-65.2:1, relating to the creation of a so'v energy center in the Science Museum of Virginia.

[H 1809]

Approved MAR 1 8 1975

He it enacted by the General Assembly of Virginia:

1 Ihat the Code of Virginia is amended by adding a section

mimhcn-d <)-(>?>. 2:1 as follows:

$ !ttK)2:l. Solar energy center.—The Virginia Solar Energy Center is hereby created and a-nstituted as part of the Museum. The purposes of the Center are: (i) to serve the

;vn';)/c of the Commonwealth as a clearinghouse to gather, maintain and disseminate

general and technical information on solar energy and its utilization: (li) to coordinate programs for solar energy data-gathering in Virginia; (Hi) to coordinate efforts and

programs on solar energy with other State agencies and institutions, other states and

federal agencies; (iv) to promote cooperation among and between Virginia business,

industry, agriculture and the public related to the use of solar energy; (v) to develop public

education programs on solar energy for use in schools and by the public, and: to provide assistance in formulating policies on the utilization of solar energy that would be

in the best interest of the Commonwealth.

The intent of the General Assembly is to provide an organization for the purposes set out in this act and receive non-State funds for such purposes.

President of the Senate

Speaker of the House of Delegates

Approved:

Governor

B-96
U.S. DEPT. OF COMM.

m% | 17-* | A -—i » m 111 r\ A "V A BIBLIOGRAPHIC DATA

SHEET

1. PUBLIC ATION OR REPORT NO.

NBSIR 76-1082

2. Gov't Accession

No.

3. Recipient's Accession No.

4. TITLE AND SUBTITLE

A SURVEY OF STATE LEGISLATION RELATING TO SOLAR ENERGY

5. Publication Date April 1976

6. Performing Organization Code

7. AUTHOR(S)

Robert M. Eisenhard

0. Performing Urgan. Keport No.

9. PERFORMING ORGANIZATION NAME AND ADDRESS

NATIONAL BUREAU OF STANDARDS

DEPARTMENT OF COMMERCE

WASHINGTON, D.C. 20234

10. Project/Task/Work Unit No.

11. Contract/Grant No.

12. Sponsoring Organization Name and Complete Address (Street, City, State, ZIP)

Energy Research and Development Administration

Division of Solar Energy

Washington, D.C. 20545

and

13. Type of Report & Period

Covered

FINAL

14. Sponsoring Agency Code

Department of Housing and Urban Development

Division of Energy, Building Technology and Standards

Washington, D.C. 20410

16. ABSTRACT (A 200-word or less [actual summary of most significant information. If document includes a significant

bibliography or literature survey, mention it here.)

This report reviews enacted State legislation dealing with solar energy.

Acts involving tax incentives, reduced property assessments, research and

development, solar easements and solar energy promotion are identified and

abstracted. The responsible State agency and official are listed. Acts and

supporting forms and other information are included as appendices.

17. KEY WORDS (six to twelve entries; alphabetical order; capitalize only the first letter of the first key word unless a proper name; separated by semicolons)

Architecture; buildings; design; energy; legislation; solar; State

18. AVAILABILITY [X Unlimited 19. SECURITY CLASS

(THIS REPORT)

21. NO. OF PAGES

1 For Official Distribution. Do Not Release to NTIS

UNCL ASSIFIED

166

1

1 Order From Sup. of Doc, U.S. Government Printing

Washington. D.C. 20402. SD Cat. No. C13

Office 20. SECURITY CLASS

(THIS PAGE)

22. Price

1 X 1 Order From National Technical Information Service

Springfield, Virginia 22151

(NTIS)

UNCLASSIFIED $4.50

I I C/*/MJli l~> f ~, n r\ a -> O -1 A