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House File 578

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 159A.2, subsections 6 and 8, Code 2003,
  1  2 are amended to read as follows:
  1  3    6.  "Renewable fuel" means an energy source at least in
  1  4 part derived from an organic compound capable of powering
  1  5 machinery, including an engine or power plant.  A renewable
  1  6 fuel includes but is not limited to ethanol-blended or
  1  7 soydiesel biodiesel fuel.
  1  8    8.  "Soydiesel "Biodiesel fuel" means a fuel which is a
  1  9 mixture of diesel fuel and processed soybean oil, if at least
  1 10 twenty two percent of the mixed fuel by volume is processed
  1 11 soybean oil which meets American society for testing and
  1 12 materials standards.
  1 13    Sec. 2.  Section 159A.3, subsection 3, paragraph b, Code
  1 14 2003, is amended to read as follows:
  1 15    b.  The office shall promote the production and consumption
  1 16 of soydiesel biodiesel fuel in this state.
  1 17    Sec. 3.  Section 307.20, subsection 3, paragraph a, Code
  1 18 2003, is amended to read as follows:
  1 19    a.  "Biodiesel fuel" means soydiesel fuel the same as
  1 20 defined in section 159A.2.
  1 21    Sec. 4.  NEW SECTION.  422.11H  BIODIESEL FUEL TAX CREDIT.
  1 22    1.  As used in this section, unless the context otherwise
  1 23 requires:
  1 24    a.  "Biodiesel fuel" means the same as defined in section
  1 25 159A.2.
  1 26    b.  "Metered pump" means a motor vehicle fuel pump licensed
  1 27 by the department of agriculture and land stewardship pursuant
  1 28 to chapter 214.
  1 29    c.  "Retail dealer" means a retail dealer as defined in
  1 30 section 214A.1 who operates a metered pump at a service
  1 31 station.
  1 32    d.  "Sell" means to sell on a retail basis.
  1 33    e.  "Service station" means each geographic location in
  1 34 this state where a retail dealer sells and dispenses gasoline
  1 35 on a retail basis.
  2  1    f.  "Special fuel" means special fuel as defined in 452A.2.
  2  2    g.  "Tax credit" means the designated biodiesel fuel tax
  2  3 credit as provided in this section.
  2  4    2.  The taxes imposed under this division, less the credits
  2  5 allowed under sections 422.12 and 422.12B, shall be reduced by
  2  6 a biodiesel fuel tax credit for each tax year that the
  2  7 taxpayer is eligible to claim the tax credit under this
  2  8 section.  In order to be eligible, all of the following must
  2  9 apply:
  2 10    a.  The taxpayer is a retail dealer.
  2 11    b.  The taxpayer operates at least one service station at
  2 12 which more than five percent of the total gallons of special
  2 13 fuel for diesel engines sold and dispensed through one or more
  2 14 metered pumps by the taxpayer in the tax year is biodiesel
  2 15 fuel.
  2 16    c.  The taxpayer complies with requirements of the
  2 17 department required to administer this section.
  2 18    d.  The taxpayer reports information to the department of
  2 19 natural resources as provided in section 473.7.
  2 20    3.  The tax credit shall be calculated separately for each
  2 21 service station operated by the taxpayer.  The amount of the
  2 22 tax credit for each eligible service station is two and one-
  2 23 half cents multiplied by the total number of gallons of
  2 24 biodiesel fuel sold and dispensed through all metered pumps
  2 25 located at that service station during the tax year in excess
  2 26 of five percent of all special fuel for diesel engines sold
  2 27 and dispensed through metered pumps at that service station
  2 28 during the tax year.
  2 29    4.  Any credit in excess of the taxpayer's tax liability
  2 30 shall be refunded.  In lieu of claiming a refund, the taxpayer
  2 31 may elect to have the overpayment shown on the taxpayer's
  2 32 final, completed return credited to the tax liability for the
  2 33 following tax year.
  2 34    5.  An individual may claim the tax credit allowed a
  2 35 partnership, limited liability company, S corporation, estate,
  3  1 or trust electing to have the income taxed directly to the
  3  2 individual.  The amount claimed by the individual shall be
  3  3 based upon the pro rata share of the individual's earnings of
  3  4 a partnership, limited liability company, S corporation,
  3  5 estate, or trust.
  3  6    Sec. 5.  Section 422.33, Code 2003, is amended by adding
  3  7 the following new subsection:
  3  8    NEW SUBSECTION.  14.  a.  As used in this subsection,
  3  9 unless the context otherwise requires:
  3 10    (1)  "Biodiesel fuel", "metered pump", "retail dealer",
  3 11 "sell", "service station", and "special fuel" mean the same as
  3 12 defined in section 422.11H.
  3 13    (2)  "Tax credit" means the designated biodiesel fuel tax
  3 14 credit as provided in this subsection.
  3 15    b.  The taxes imposed under this division shall be reduced
  3 16 by a biodiesel fuel tax credit for each tax year that the
  3 17 taxpayer is eligible to claim the tax credit under this
  3 18 subsection.  In order to be eligible, all of the following
  3 19 must apply:
  3 20    (1)  The taxpayer is a retail dealer.
  3 21    (2)  The taxpayer operates at least one service station at
  3 22 which more than five percent of the total gallons of special
  3 23 fuel for diesel engines sold and dispensed through one or more
  3 24 metered pumps by the taxpayer is biodiesel fuel.
  3 25    (3)  The taxpayer complies with requirements of the
  3 26 department required to administer this subsection.
  3 27    (4)  The taxpayer reports information to the department of
  3 28 natural resources as provided in section 473.7.
  3 29    c.  The tax credit shall be calculated separately for each
  3 30 service station operated by the taxpayer.  The amount of the
  3 31 tax credit for each eligible service station is two and one-
  3 32 half cents multiplied by the total number of gallons of
  3 33 biodiesel fuel sold in excess of five percent of all special
  3 34 fuel for diesel engines sold and dispensed through metered
  3 35 pumps at that service station during the tax year.
  4  1    d.  Any credit in excess of the taxpayer's tax liability
  4  2 shall be refunded.  In lieu of claiming a refund, the taxpayer
  4  3 may elect to have the overpayment shown on the taxpayer's
  4  4 final, completed return credited to the tax liability for the
  4  5 following tax year.
  4  6    Sec. 6.  Section 473.7, Code 2003, is amended by adding the
  4  7 following new subsection:
  4  8    NEW SUBSECTION.  14A.  Obtain information from retail
  4  9 dealers as defined in section 422.11H and maintain records
  4 10 regarding the market share and gallons purchased of special
  4 11 fuels for diesel engines and biodiesel fuel as provided in
  4 12 section 422.11H.
  4 13    Sec. 7.  APPLICABILITY.  The biodiesel fuel tax credits
  4 14 provided in sections 422.11H and 422.33 apply to tax years
  4 15 beginning on or after January 1, 2004.  The department of
  4 16 revenue and finance shall perform functions, prior to the
  4 17 beginning of that tax year, necessary in order to implement
  4 18 the tax credits.  
  4 19                           EXPLANATION
  4 20    This bill is patterned after the ethanol-blended gasoline
  4 21 tax credit provisions creating a tax credit for retail dealers
  4 22 of motor vehicle fuel who sell ethanol-blended gasoline
  4 23 (gasoline containing at least 10 percent alcohol).  The
  4 24 ethanol-blended gasoline tax credit applies to both taxpayers
  4 25 filing as individuals under Code chapter 422, division II, and
  4 26 businesses under Code chapter 422, division III.  Pursuant to
  4 27 the bill, a retail dealer may claim a tax credit for the sale
  4 28 of biodiesel fuel if the retail dealer operates at least one
  4 29 service station at which more than 5 percent of the total
  4 30 gallons of special fuel for diesel engines sold is biodiesel
  4 31 fuel.  According to the bill, the amount of the tax credit for
  4 32 each eligible service station is two and one-half cents
  4 33 multiplied by the total number of gallons of biodiesel fuel
  4 34 sold at that service station during the tax year in excess of
  4 35 5 percent of all special fuel for diesel engines sold at that
  5  1 service station.  The bill also requires retail dealers to
  5  2 report information regarding sales of special fuels and
  5  3 biodiesel fuel to the department of natural resources.
  5  4    Biodiesel fuel is a fuel which is a mixture of diesel fuel
  5  5 and processed soybean oil, if at least 20 percent of the mixed
  5  6 fuel by volume is processed soybean oil.  The bill changes the
  5  7 term "soydiesel" fuel to "biodiesel" fuel in Code chapter 159A
  5  8 providing for renewable fuels.  Code section 452A.2 defines a
  5  9 "special fuel" as a fuel used for generating power for the
  5 10 propulsion of motor vehicles other than motor fuel.
  5 11    The tax credits apply to tax years beginning on or after
  5 12 January 1, 2004.  
  5 13 LSB 2736HV 80
  5 14 da/pj/5
     

Text: HF00577                           Text: HF00579
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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