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House File 2309

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  15E.221  RENEWABLE ENERGY TAX
  1  2 CREDIT FOR PLACING ENERGY PROPERTY INTO SERVICE.
  1  3    1.  For tax years beginning on or after January 1, 2003, a
  1  4 renewable energy tax credit shall be allowed against the taxes
  1  5 imposed under chapter 422, divisions II, III, and V, and under
  1  6 chapter 432.  An individual may claim the credit of a
  1  7 partnership, limited liability company, S corporation, estate,
  1  8 or trust electing to have income taxed directly to the
  1  9 individual.  The amount claimed by the individual shall be
  1 10 based upon the pro rata share of the individual's earnings
  1 11 from the partnership, limited liability company, S
  1 12 corporation, estate, or trust.
  1 13    2.  The tax credit allowed under this section shall be for
  1 14 ten percent of the cost of energy property placed into service
  1 15 during a tax year.  For purposes of this section, "energy
  1 16 property" means an alternate energy production facility or a
  1 17 small hydro facility, both as defined in section 476.42.
  1 18    3.  Any tax credit in excess of the taxpayer's liability
  1 19 for the tax year may be credited to the tax liability for the
  1 20 following years until depleted.  A tax credit shall not be
  1 21 carried back to a tax year prior to the tax year in which the
  1 22 taxpayer redeems the tax credit.
  1 23    4.  A taxpayer seeking a tax credit under this section
  1 24 shall submit an application to the department of economic
  1 25 development for certification of eligibility for a tax credit.
  1 26    5.  The department of revenue and finance, in consultation
  1 27 with the department of economic development, shall develop a
  1 28 system for registration, authorization, and redemption of tax
  1 29 credits issued by the state under this section.  The
  1 30 department of revenue and finance and the department of
  1 31 economic development shall adopt any other policies,
  1 32 procedures, or rules pursuant to chapter 17A necessary for the
  1 33 administration of this section and of tax credits issued by
  1 34 the state under this section.
  1 35    Sec. 2.  NEW SECTION.  422.11F  RENEWABLE ENERGY TAX
  2  1 CREDIT.
  2  2    The taxes imposed under this division, less the credits
  2  3 allowed under section 422.12 and any other nonrefundable
  2  4 credit, shall be reduced by a tax credit as authorized
  2  5 pursuant to section 15E.221.
  2  6    Sec. 3.  Section 422.33, Code Supplement 2001, is amended
  2  7 by adding the following new subsection:
  2  8    NEW SUBSECTION.  12.  The taxes imposed under this division
  2  9 shall be reduced by a tax credit as authorized pursuant to
  2 10 section 15E.221.
  2 11    Sec. 4.  Section 422.60, Code 2001, is amended by adding
  2 12 the following new subsection:
  2 13    NEW SUBSECTION.  4.  The taxes imposed under this division
  2 14 shall be reduced by a tax credit as authorized pursuant to
  2 15 section 15E.221.
  2 16    Sec. 5.  NEW SECTION.  432.12A  RENEWABLE ENERGY TAX
  2 17 CREDIT.
  2 18    The taxes imposed under this chapter shall be reduced by a
  2 19 tax credit as authorized pursuant to section 15E.221.
  2 20    Sec. 6.  Section 476.2, subsection 6, Code 2001, is amended
  2 21 to read as follows:
  2 22    6.  The board shall provide the general assembly with a
  2 23 report on the energy efficiency planning efforts undertaken by
  2 24 utilities required to offer energy efficiency plans pursuant
  2 25 to section 476.6, subsection 17 providing an analysis of the
  2 26 costs and benefits of generating and transmitting electricity
  2 27 from renewable sources, and shall include a proposal for a
  2 28 formula for establishing a fair cost for transmitting
  2 29 electricity from renewable sources.  The report shall be
  2 30 completed by January 1, 1998 2003.
  2 31    Sec. 7.  Section 476.44, subsection 2, Code 2001, is
  2 32 amended to read as follows:
  2 33    2.  a.  An electric utility subject to this division,
  2 34 except a utility which that elects rate regulation pursuant to
  2 35 section 476.1A, shall not be required to purchase, at any one
  3  1 time, more than its scheduled percentage share of one hundred
  3  2 five megawatts of power its Iowa retail load from alternative
  3  3 energy production facilities or small hydro facilities at the
  3  4 rates established pursuant to section 476.43.  The board shall
  3  5 allocate the one hundred five megawatts make the allocations
  3  6 based upon each utility's percentage of the total Iowa retail
  3  7 peak demand, for the each year, beginning January 1, 1990, of
  3  8 all utilities subject to this section, based on the following
  3  9 schedule:
  3 10    (1)  Until January 1, 2002, two percent.
  3 11    (2)  Beginning January 1, 2004, four percent.
  3 12    (3)  Beginning January 1, 2006, seven percent.
  3 13    (4)  Beginning January 1, 2008, ten percent.
  3 14    (5)  Beginning January 1, 2010, fifteen percent.
  3 15    (6)  Beginning January 1, 2012, twenty percent.
  3 16    b.  If a utility undergoes reorganization as defined in
  3 17 section 476.76, the board shall combine the allocated
  3 18 purchases of power for each utility involved in the
  3 19 reorganization.
  3 20    c.  Notwithstanding the one hundred five megawatt current
  3 21 applicable maximum, the board may increase the amount of power
  3 22 that a utility is required to purchase at the rates
  3 23 established pursuant to section 476.43 if the board finds that
  3 24 a utility, including a reorganized utility, exceeds its 1990
  3 25 Iowa retail peak demand level for the utility for the prior
  3 26 year by twenty percent, and the additional power the utility
  3 27 is required to purchase will encourage the development of
  3 28 alternate energy production facilities and small hydro
  3 29 facilities.  The increase shall not exceed the utility's
  3 30 increase in peak demand multiplied by the ratio of the
  3 31 utility's share of the one hundred five megawatt current
  3 32 scheduled maximum to its 1990 Iowa retail peak demand.
  3 33    Sec. 8.  NEW SECTION.  476.48  WIND ENERGY ASSISTANCE FUND.
  3 34    1.  A wind energy assistance fund is created in the state
  3 35 treasury under the control of the department of economic
  4  1 development.  Moneys deposited in the fund shall be used for
  4  2 providing no-interest or low-interest loans to small
  4  3 businesses, farms, and public facilities that build wind-
  4  4 generating capacity.
  4  5    2.  The wind energy assistance fund may receive moneys
  4  6 including, but not limited to, the following:
  4  7    a.  Moneys appropriated by the general assembly for the
  4  8 fund.
  4  9    b.  Contributions from customer utility bills under
  4 10 subsection 3.
  4 11    c.  Any other moneys available to, obtained, or accepted by
  4 12 the board for placement in the fund.
  4 13    3.  Each electric utility shall periodically notify its
  4 14 customers of the availability and purpose of the fund and
  4 15 provide them with forms on which they can authorize the
  4 16 electric utility to bill a contribution to the fund on a
  4 17 monthly basis.  The board shall adopt rules pursuant to
  4 18 chapter 17A regarding such contributions.
  4 19    4.  Notwithstanding section 12C.7, subsection 2, interest
  4 20 or earnings on moneys deposited in the energy assistance fund
  4 21 shall be credited to the fund.  Notwithstanding section 8.33,
  4 22 moneys remaining in the energy assistance fund at the end of a
  4 23 fiscal year shall not revert to the general fund of the state.
  4 24    Sec. 9.  EFFECTIVE AND APPLICABILITY DATES.  Sections 1
  4 25 through 5 of this Act take effect January 1, 2003, for tax
  4 26 years beginning on or after that date.  
  4 27                           EXPLANATION
  4 28    This bill creates new sections in Code chapter 15E that
  4 29 provide for a renewable energy tax credit for businesses equal
  4 30 to 10 percent of the cost of energy property placed into
  4 31 service during the tax year.  "Energy property" is defined to
  4 32 mean an alternate energy production facility or small hydro
  4 33 facility as defined in Code section 476.42, which encompasses
  4 34 solar, wind turbines, waste management, resource recovery,
  4 35 refuse-derived fuel, agricultural crops or residues, wood-
  5  1 burning facilities, and hydroelectric facilities at a dam,
  5  2 including the related land, systems, buildings, improvements,
  5  3 and transmission or distribution facilities.  Unused credits
  5  4 may be carried forward to future tax years.  New Code sections
  5  5 and subsections are also added to various parts of Code
  5  6 chapters 422 and 432 to implement the tax credit.  This part
  5  7 of the bill takes effect January 1, 2003, for tax years
  5  8 beginning on or after that date.
  5  9    The bill amends Code section 476.2 to provide that by
  5 10 January 1, 2003, the utility board shall prepare for the
  5 11 general assembly an analysis of the costs and benefits of
  5 12 generating and transmitting electricity from renewable
  5 13 sources, and shall include a proposal for a formula for
  5 14 establishing a fair cost for transmitting electricity from
  5 15 renewable sources.
  5 16    The bill amends Code section 476.44 to provide that the
  5 17 requirement for electric public utilities to purchase 105
  5 18 megawatts, or approximately 2 percent of their current Iowa
  5 19 retail load, from renewable sources, should increase gradually
  5 20 over the next 10 years, culminating in a 20 percent purchase
  5 21 requirement by 2012.
  5 22    The bill creates new Code section 476.48, which creates a
  5 23 wind energy assistance fund to provide no-interest or low-
  5 24 interest loans to small businesses, farms, and public
  5 25 facilities that build wind-generating capacity.  Money for the
  5 26 fund primarily will come from contributions from customers of
  5 27 electric utilities, but may also come from the general
  5 28 assembly and other sources.  Interest earned by moneys in the
  5 29 fund remains in the fund, and moneys in the fund do not revert
  5 30 at the end of the fiscal year.  
  5 31 LSB 5578HH 79
  5 32 jj/sh/8
     

Text: HF02308                           Text: HF02310
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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