Maryland 2022 Regular Session

Maryland Senate Bill SB267 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0267
6	6
7	7	SENATE BILL 267
8	8	Q3 2lr1986
9	9	CF HB 85
10	10	By: Senator Benson
11	11	Introduced and read first time: January 17, 2022
12	12	Assigned to: Budget and Taxation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Income Tax – Healthy Indoor Air Quality Tax Credit 2
19	19
20	20	FOR the purpose of allowing certain persons to claim a credit against the State income tax 3
21	21	for certain costs incurred during the taxable year to purchase and install certain 4
22	22	indoor air quality equipment in certain residential or commercial properties; 5
23	23	requiring the Comptroller, in consultation with the Maryland Energy 6
24	24	Administration, to publish on the Comptroller’s website a list of approved indoor air 7
25	25	quality equipment on or before a certain date each year; prohibiting the Comptroller 8
26	26	from issuing eligibility certificates in a taxable year during which a certain state of 9
27	27	emergency is declared; and generally relating to an income tax credit for costs 10
28	28	incurred to purchase and install indoor air quality equipment. 11
29	29
30	30	BY adding to 12
31	31	Article – Tax – General 13
32	32	Section 10–754 14
33	33	Annotated Code of Maryland 15
34	34	(2016 Replacement Volume and 2021 Supplement) 16
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
37	37	That the Laws of Maryland read as follows: 18
38	38
39	39	Article – Tax – General 19
40	40
41	41	10–754. 20
42	42
43	43	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
44	44	INDICATED. 22
45	45
46	46	(2) “ADMINISTRATION ” MEANS THE MARYLAND ENERGY 23
47	47	ADMINISTRATION . 24 2 SENATE BILL 267
48	48
49	49
50	50
51	51	(3) “INDOOR AIR QUALITY EQ UIPMENT” MEANS EQUIPMENT I N A 1
52	52	HOME, RENTAL DWELLING UNIT , OR COMMERCIAL BUILDI NG THAT: 2
53	53
54	54	(I) IS INSTALLED BY A LI CENSED CONTRACTOR ; 3
55	55
56	56	(II) IMPROVES INDOOR AIR QUALITY, INCLUDING ENHANCED 4
57	57	VENTILATION AND FILT RATION SYSTEMS , BIPOLAR IONIZATION T ECHNOLOGIES , OR 5
58	58	ULTRAVIOLET LIGHTIN G; AND 6
59	59
60	60	(III) IS APPROVED BY THE COMPTROLLER UNDER THI S SECTION 7
61	61	AS INDOOR AIR QUALIT Y EQUIPMENT. 8
62	62
63	63	(4) “LICENSED CONTRACTOR ” MEANS AN INDIVIDUAL LICENSED 9
64	64	UNDER TITLE 9A, SUBTITLE 3 OF THE BUSINESS REGULATION ARTICLE TO 10
65	65	PROVIDE HEATING , VENTILATION, AIR–CONDITIONING , AND REFRIGERATION 11
66	66	SERVICES IN THE STATE. 12
67	67
68	68	(5) “QUALIFIED EXPENSES ” MEANS COSTS INCURRED BY A 13
69	69	QUALIFIED TAXPAYER T O PURCHASE AND INSTA LL INDOOR AIR QUALIT Y 14
70	70	EQUIPMENT FOR USE : 15
71	71
72	72	(I) BY AN INDIVIDUAL HOM EOWNER OR A LESSEE O F A RENTAL 16
73	73	DWELLING UNIT ; OR 17
74	74
75	75	(II) BY A SMALL BUSINESS IN A COMMERCIAL BUIL DING. 18
76	76
77	77	(6) “QUALIFIED TAXPAYER ” MEANS: 19
78	78
79	79	(I) AN INDIVIDUAL HOMEOW NER; 20
80	80
81	81	(II) AN OWNER OF A RENTAL DWELLING UNIT ; OR 21
82	82
83	83	(III) A SMALL BUSINESS . 22
84	84
85	85	(7) “RENTAL DWELLING UNIT ” MEANS A DWELLING UNIT IN A 23
86	86	MULTIFAMILY RESIDENT IAL BUILDING WITH FE WER THAN FIVE DWELLI NG UNITS. 24
87	87
88	88	(8) “SMALL BUSINESS ” MEANS AN INDIVIDUAL , A PARTNERSHIP , A 25
89	89	LIMITED PARTNERSHIP , A LIMITED LIABILITY PARTNERSHIP , A LIMITED LIABILITY 26
90	90	COMPANY, OR A CORPORATION THA T EMPLOYS 50 OR FEWER FULL –TIME 27
91	91	EMPLOYEES. 28
92	92	SENATE BILL 267 3
93	93
94	94
95	95	(B) SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A QUALIFIED 1
96	96	TAXPAYER MAY CLAIM A CREDIT AGAINST THE STATE INCOME TAX IN A N AMOUNT 2
97	97	EQUAL TO 50% OF THE QUALIFIED EXP ENSES INCURRED DURIN G THE TAXABLE 3
98	98	YEAR. 4
99	99
100	100	(C) (1) ON OR BEFORE SEPTEMBER 30, 2022, AND SEPTEMBER 30 EACH 5
101	101	YEAR THEREAFTER , THE COMPTROLLER , IN CONSULTATION WITH THE 6
102	102	ADMINISTRATION , SHALL PUBLISH ON THE COMPTROLLER ’S WEBSITE A LIST OF 7
103	103	APPROVED INDOOR AIR QUALITY EQUIPMENT BA SED ON INDUSTRY GUID ELINES 8
104	104	AND BEST PRACTICES. 9
105	105
106	106	(2) IN ORDER TO CLAIM THE CREDIT UNDER THIS SE CTION, A 10
107	107	QUALIFIED TAXPAYER M UST OBTAIN FROM THE COMPTROLLER AN ELIGIB ILITY 11
108	108	CERTIFICATE. 12
109	109
110	110	(3) (I) THE COMPTROLLER MAY NOT I SSUE AN ELIGIBILITY 13
111	111	CERTIFICATE IN A TAX ABLE YEAR DURING WHI CH A STATE OF EMERGENCY IS 14
112	112	DECLARED BY THE GOVERNOR. 15
113	113
114	114	(II) IF THE ISSUANCE OF EL IGIBILITY CERTIFICAT ES IS 16
115	115	SUSPENDED DUE TO A S TATE OF EMERGENCY UN DER THIS PARAGRAPH , A 17
116	116	QUALIFIED TAXPAYER T HAT OTHERWISE QUALIF IES FOR THE CREDIT I N THAT 18
117	117	TAXABLE YEAR MAY OBT AIN AN ELIGIBILITY CERTIFIC ATE FROM THE 19
118	118	COMPTROLLER IN THE IM MEDIATELY FOLLOWING TAXABLE YEAR . 20
119	119
120	120	(4) THE ELIGIBILITY CERTI FICATE UNDER THIS SU BSECTION SHALL : 21
121	121
122	122	(I) CONSIST OF A CERTIFI CATION BY THE COMPTROLLER THAT 22
123	123	THE EQUIPMENT FOR WH ICH THE QUALIFIED TA XPAYER IS CLAIMING THE C REDIT: 23
124	124
125	125	1. IS APPROVED AS INDOO R AIR QUALITY EQUIPM ENT BY 24
126	126	THE COMPTROLLER UNDER PAR AGRAPH (1) OF THIS SUBSECTION ; AND 25
127	127
128	128	2. WAS INSTALLED BY A L ICENSED CONTRACTOR ; AND 26
129	129
130	130	(II) BE IN THE FORM AND C ONTAIN ANY OTHER INF ORMATION 27
131	131	THAT THE COMPTROLLER REQUIRES . 28
132	132
133	133	(5) THE QUALIFIED TAXPAYE R SHALL FILE THE ELI GIBILITY 29
134	134	CERTIFICATE WITH THE QUALIFIED TAXPAYER ’S INCOME TAX RETURN . 30
135	135
136	136	(D) (1) FOR ANY TAXABLE YEAR , THE CREDIT ALLOWED U NDER THIS 31
137	137	SECTION MAY NOT EXCE ED: 32 4 SENATE BILL 267
138	138
139	139
140	140
141	141	(I) FOR A QUALIFIED T AXPAYER OTHER THAN A SMALL 1
142	142	BUSINESS, $1,000; OR 2
143	143
144	144	(II) FOR A SMALL BUSINESS , $2,000. 3
145	145
146	146	(2) IF THE CREDIT ALLOWED UNDER THIS SECTION I N ANY TAXABLE 4
147	147	YEAR EXCEEDS THE STATE INCOME TAX FOR THAT TAXABLE YEAR , ANY UNUSED 5
148	148	AMOUNT OF THE CREDIT MAY NOT BE CARRIE D OVER TO ANY OTHER TAXABLE YEAR . 6
149	149
150	150	(E) THE COMPTROLLER , IN CONSULTATION WITH THE ADMINISTRATION , 7
151	151	MAY ADOPT REGULATION S TO IMPLEMENT THE P ROVISIONS OF THIS SE CTION. 8
152	152
153	153	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
154	154	1, 2022, and shall be applicable to all taxable years beginning after December 31, 2021. 10
155	155
156	156