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2008 SESSION
088136204Be it enacted by the General Assembly of Virginia:
1. That § 58.1-3221.2 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-3221.2. Classification of certain energy-efficient buildings for tax purposes.
Energy-efficient buildings, not including the real estate or land on which they are located, are hereby declared to be a separate class of property and shall constitute a classification for local taxation separate from other classifications of real property. The governing body of any county, city, or town may, by ordinance, levy a tax on the value of such buildings at a different rate from that of tax levied on other real property. The rate of tax imposed by any county, city, or town on such buildings shall not exceed that applicable to the general class of real property.
For purposes of this section, an energy-efficient building is
any building that exceeds the energy efficiency standards prescribed
in the Virginia Uniform Statewide Building Code by 30 percent (i) meets
or exceeds performance standards of the Leadership in Energy and Environmental
Design (LEED) Green Building Rating System of the U.S. Green Building Council,
(ii) meets or exceeds performance standards or
guidelines under the EarthCraft House program, or
(iii) is an Energy
Star qualified home, the
energy efficiency of which meets or exceeds performance
guidelines for energy efficiency under the Energy Star program
developed by the U.S. Environmental Protection Agency.
Energy-efficient building certification shall be determined by any
qualified licensed engineer or contractor who is not related to the taxpayer
and who shall certify to the taxpayer that he or she has qualifications to
provide the certification (a) the
granting of a certification under one of
the programs in clauses (i) through (iii) that certifies the
building meets or exceeds the performance standards or guidelines of the
program, or (b) a qualified,
licensed engineer designated by the county, city, or
town who shall determine whether the building meets or
exceeds the performance standards or guidelines under any
program described in clauses (i) through
(iii).