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House Amendment 370.70

Amendment Text

PAG LIN
  1  1    Amend House File 370 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  422.11D  ALTERNATE
  1  5 ENERGY CREDIT.
  1  6    1.  The taxes imposed under this division, less the
  1  7 credits allowed under this division, shall be reduced
  1  8 by an alternate energy tax credit.  An electric
  1  9 utility required to purchase alternate energy pursuant
  1 10 to section 476.43 may claim the credit under this
  1 11 section.  An individual may claim the alternate energy
  1 12 tax credit allowed a partnership, subchapter S
  1 13 corporation, or estate or trust electing to have the
  1 14 income taxed directly to the individual.  The amount
  1 15 claimed shall be based upon the pro rata share of the
  1 16 individual's earnings of a partnership, subchapter S
  1 17 corporation, or estate or trust.
  1 18    2.  The amount of this credit is equal to one-half
  1 19 of the amount of the difference in the cost of the
  1 20 electricity purchased from an alternate energy
  1 21 production facility or small hydro facility pursuant
  1 22 to section 476.43 and the cost of the electricity
  1 23 which the electric utility would have generated or
  1 24 purchased from another source, but for the required
  1 25 purchase of alternate energy.
  1 26    3.  Any credit in excess of the tax liability for
  1 27 the tax year may be credited to the tax liability for
  1 28 the following five tax years or until depleted,
  1 29 whichever is the earlier.
  1 30    Sec. 2.  Section 422.33, Code 1995, is amended by
  1 31 adding the following new subsection:
  1 32    NEW SUBSECTION.  9.  The taxes imposed under this
  1 33 division shall be reduced by an alternate energy tax
  1 34 credit.  An electric utility required to purchase
  1 35 alternate energy pursuant to section 476.43 may claim
  1 36 an alternate energy tax credit.  The amount of the
  1 37 credit is equal to one-half of the amount of the
  1 38 difference in the cost of the electricity purchased
  1 39 from an alternate energy production facility or small
  1 40 hydro facility pursuant to section 476.43 and the cost
  1 41 of the electricity which the electric utility would
  1 42 have generated or purchased from another source, but
  1 43 for the required purchase of alternate energy.  Any
  1 44 credit in excess of the tax liability for the tax year
  1 45 may be credited to the tax liability for the following
  1 46 five tax years or until depleted, whichever is the
  1 47 earlier.
  1 48    Sec. 3.  This Act, being deemed of immediate
  1 49 importance, takes effect upon enactment and applies
  1 50 retroactively to January 1, 1995, for tax years
  2  1 beginning on or after that date."
  2  2    #2.  Title page, by striking lines 1 through 3 and
  2  3 inserting the following:  "An Act providing an
  2  4 alternate energy tax credit for required purchases of
  2  5 alternate energy and providing effective and
  2  6 retroactive applicability dates." 
  2  7 
  2  8 
  2  9                              
  2 10 SHOULTZ of Black Hawk
  2 11 HF 370.702 76
  2 12 js/sc
     

                                        
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