[Added 8-4-2011 by Ord. No. 2011-04]
Certified solar energy equipment, facilities and devices, as defined herein, are hereby declared to be a separate class of property and shall constitute a classification for local taxation separate from other classifications of real or personal property.
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
CERTIFIED SOLAR ENERGY EQUIPMENT, FACILITIES OR DEVICES
Any property, including real or personal property, equipment, facilities, or devices, certified by the local certifying authority to be designed and used primarily for the purpose of providing for the collection and use of incident solar energy for water heating, space heating or cooling or other application which would otherwise require a conventional source of energy such as petroleum products, natural gas or electricity.
LOCAL CERTIFYING AUTHORITY
The City Division of Inspections of the Department of Public Works. The State Board of Housing and Community Development shall promulgate regulations setting forth criteria for certifiable solar energy equipment.
LOCAL TAX RATE
The personal property rate for all personal property, machinery and tools.
Tax exemption is hereby provided according to the terms of this article for qualified personal property owners who possess certified solar energy equipment, facilities or devices. The exemption shall be administered by the Division of Inspections of the Public Works Department and the Commissioner of Revenue's office according to the general provisions of this article.
Exemption shall be granted to persons subject to the following provisions:
A. 
The title of the property for which exemption is claimed is held, or partially held, on the first day of the taxable year, by the person or persons claiming exemption, whether or not that person initially installed the equipment, facility or device up to a total of twenty years' tax exemption for the originally installed equipment.
B. 
The Division of Inspections of the Public Works Department has determined, after examination of such equipment, facility or device that the unit primarily performs at least one of the functions set forth in § 366-39 and conforms to the requirements set by regulations of the State Board of Housing and Community Development.
C. 
The City Division of Inspections of the Department of Public Works has certified to the Commissioner of Revenue that the applicant has met all requirements qualifying such equipment, facilities or device for exemption from taxation.
A. 
The person claiming an exemption must file an application with the Division of Inspections of the Public Works Department on forms provided by the State Office of Housing and Community Development and available from the Division of Inspections of the Public Works Department.
B. 
The application must be submitted with a set of plans and specifications, as required for city mechanical, electrical and plumbing permits, of the solar energy equipment, facilities or devices for which exemption is claimed to the Division of Inspections.
C. 
Upon receipt of the certificate from the City Division of Inspections of the Department of Public Works, the Commissioner of Revenue shall proceed to determine the value of such qualifying solar energy equipment, facilities or device.
Any person aggrieved by a decision of the Division of Inspections of the Public Works Department may appeal such decision to the State Technical Review Board, which may affirm or reverse such decision.
A. 
The amount of the exemption provided by this section shall be determined by applying the local tax rate to the value of the certified solar energy equipment, facilities or devices and subtracting such amount, wholly or partially, from the total machinery and tools tax due on such equipment, facilities, or devices, at the election of the taxpayer.
B. 
For purposes of the administration of this section, and for no other purposes, the value of certified solar energy equipment, facilities or devices qualifying for exemption shall be presumed to be not less than the normal cost of purchasing and installing such equipment, facilities or devices.
This exemption shall be effective in the tax year next succeeding the year in which application for exemption is made and shall be permitted for a term of 20 years. In the case of real estate assessed pursuant to Code of Virginia, § 58.1-3292, the exemption shall be effective when the real estate is first assessed, but not prior to the date of such application for exemption.