House Amendment 1625


PAG LIN




     1  1    Amend the amendment, H=1599, to House File 819 as
     1  2 follows:
     1  3 #1.  By striking page 1, line 10, through page 4,
     1  4 line 12, and inserting the following:
     1  5    <Sec.    .  Section 423.3, Code 2009, is amended by
     1  6 adding the following new subsection:
     1  7    NEW SUBSECTION.  95.  a.  (1)  The sales price from
     1  8 the sale or rental of computers and equipment that are
     1  9 necessary for the maintenance and operation of a data
     1 10 center business and property whether directly or
     1 11 indirectly connected to the computers, including but
     1 12 not limited to cooling systems, cooling towers, and
     1 13 other temperature control infrastructure; power
     1 14 infrastructure for transformation, distribution, or
     1 15 management of electricity used for the maintenance and
     1 16 operation of the data center business, including but
     1 17 not limited to exterior dedicated business=owned
     1 18 substations, backup power generation systems, battery
     1 19 systems, and related infrastructure; and racking
     1 20 systems, cabling, and trays, which are necessary for
     1 21 the maintenance and operation of the data center
     1 22 business.
     1 23    (2)  The sales price of backup power generation
     1 24 fuel that is purchased by a data center business for
     1 25 use in the items listed in subparagraph (1).
     1 26    (3)  The sales price of electricity purchased for
     1 27 use by a data center business.
     1 28    b.  For the purpose of claiming this exemption, all
     1 29 of the following requirements shall be met:
     1 30    (1)  The purchaser or renter shall be a data center
     1 31 business.
     1 32    (2)  The data center business shall have a physical
     1 33 location in the state that is, in the aggregate, at
     1 34 least five thousand square feet in size that is used
     1 35 for the operations and maintenance of the data center
     1 36 business.
     1 37    (3)  The data center business shall make a minimum
     1 38 investment in an Iowa physical location of two hundred
     1 39 million dollars within the first six years of
     1 40 operation in Iowa beginning with the date the data
     1 41 center business initiates site preparation activities.
     1 42 The minimum investment includes the initial
     1 43 investment, including land and subsequent acquisition
     1 44 of additional adjacent land and subsequent investment
     1 45 at the Iowa location.
     1 46    (4)  The data center business shall comply with the
     1 47 sustainable design and construction standards
     1 48 established by the state building code commissioner
     1 49 pursuant to section 103A.8B.
     1 50    c.  This exemption applies from the date of the
     2  1 initial investment in or the initiation of site
     2  2 preparation activities for the data center business
     2  3 facility as described in paragraph "b".
     2  4    d.  Failure to meet eighty percent of the minimum
     2  5 investment amount requirement specified in paragraph
     2  6 "b" within the first six years of operation from the
     2  7 date the data center business initiates site
     2  8 preparation activities will result in the data center
     2  9 business losing the right to claim this data center
     2 10 business exemption and the data center business shall
     2 11 pay all sales or use tax that would have been due on
     2 12 the purchase or rental or use of the items listed in
     2 13 this exemption, plus any applicable penalty and
     2 14 interest imposed by statute.
     2 15    e.  For purposes of this subsection:
     2 16    (1)  "Data center" means a building rehabilitated
     2 17 or constructed to house a group of networked server
     2 18 computers in one physical location in order to
     2 19 centralize the storage, management, and dissemination
     2 20 of data and information pertaining to a particular
     2 21 business, taxonomy, or body of knowledge.  A data
     2 22 center business's facility typically includes the
     2 23 mechanical and electrical systems, redundant or backup
     2 24 power supplies, redundant data communications
     2 25 connections, environmental controls, and fire
     2 26 suppression systems.  A data center business's
     2 27 facility also includes a restricted access area
     2 28 employing advanced physical security measures such as
     2 29 video surveillance systems and card=based security or
     2 30 biometric security access systems.
     2 31    (2)  "Data center business" means an entity whose
     2 32 business among other businesses, is to operate a data
     2 33 center.
     2 34    Sec.    .  Section 423.4, subsection 8, Code 2009,
     2 35 is amended to read as follows:
     2 36    8.  a.  The owner of an information technology
     2 37 facility a data center business, as defined in section
     2 38 423.3, subsection 95, located in this state on July 1,
     2 39 2007, and having a primary business with a North
     2 40 American industry classification system number 518210
     2 41 or 541519 as verified by the department of economic
     2 42 development using nationally recognized third=party
     2 43 sources such as Hoovers, Harris Directory or others
     2 44 designated by the department of economic development,
     2 45 may make an annual application for up to five
     2 46 consecutive years to the department for the refund of
     2 47 fifty percent of the sales or use tax upon the sales
     2 48 price of all sales of fuel used in creating heat,
     2 49 power, and steam for processing or generating
     2 50 electrical current, or from the sale of electricity
     3  1 consumed by computers, machinery, or other equipment
     3  2 for operation of the technology data center business
     3  3 facility.
     3  4    b.  An information technology facility A data
     3  5 center business shall qualify for the refund in this
     3  6 subsection if all of the following criteria are met:
     3  7    (1)  The facility's six=digit North American
     3  8 industry classification system number 518210 or 541519
     3  9 indicates that the facility is primarily engaged in
     3 10 providing computer=related services data center
     3 11 business shall make an investment in an Iowa physical
     3 12 location within the first three years of operation in
     3 13 Iowa beginning with the date on which the data center
     3 14 business initiates site preparation activities.
     3 15    (2)  The amount of the investment in an Iowa
     3 16 physical location, including the value of a lease
     3 17 agreement, or an investment in land or buildings, and
     3 18 the capital expenditures for computers, machinery, and
     3 19 other equipment used in the operation of the facility
     3 20 equals data center business shall equal at least one
     3 21 million dollars, but shall not exceed ten million
     3 22 dollars for a newly constructed building or five
     3 23 million dollars for a rehabilitated building.
     3 24    (3)  If the data center business is leasing a
     3 25 building to house operations, the data center business
     3 26 shall enter into a lease that is at least five years
     3 27 in duration.
     3 28    (3)  (4)  The facility is certified as meeting the
     3 29 Leadership in Energy and Environmental Design (LEED)
     3 30 standards data center business shall comply with the
     3 31 sustainable design and construction standards
     3 32 established by the state building code commissioner
     3 33 pursuant to section 103A.8B.
     3 34    c.  The refund may be obtained only in the
     3 35 following manner and under the following conditions:
     3 36    (1)  The applicant shall use forms furnished by the
     3 37 department.
     3 38    (2)  The applicant shall separately list the
     3 39 amounts of sales and use tax paid during the reporting
     3 40 period.
     3 41    (3)  The applicant may request when the refund
     3 42 begins, but it must start on the first day of a month
     3 43 and proceed for a continuous twelve=month period.
     3 44    d.  In determining the amount to be refunded, if
     3 45 the dates of the utility billing or meter reading
     3 46 cycle for the sale or furnishing of metered gas and
     3 47 electricity are on or after the first day of the first
     3 48 month through the last day of the last month of the
     3 49 refund year, the full fifty percent of the amount of
     3 50 tax charged in the billings shall be refunded.  In
     4  1 determining the amount to be refunded, if the dates of
     4  2 the sale or furnishing of fuel for purposes of
     4  3 commercial energy and the delivery of the fuel are on
     4  4 or after the first day of the first month through the
     4  5 last day of the last month of the refund year, the
     4  6 full fifty percent of the amount of tax charged in the
     4  7 billings shall be refunded.
     4  8    e.  To receive refunds during the five=year period,
     4  9 the applicant shall file a refund claim within three
     4 10 months after the end of each refund year.
     4 11    f.  The refund in this subsection applies only to
     4 12 state sales and use tax paid and does not apply to
     4 13 local option sales and services taxes imposed pursuant
     4 14 to chapters chapter 423B and 423E.  Notwithstanding
     4 15 the state sales tax imposed in section 423.2, a refund
     4 16 issued pursuant to this section shall not exceed an
     4 17 amount equal to five percent of the sales price of the
     4 18 fuel used to create heat, power, and steam for
     4 19 processing or generating electrical current or from
     4 20 the sale price of electricity consumed by computers,
     4 21 machinery, or other equipment for operation of the
     4 22 data center business facility.
     4 23    Sec.    .  Section 423.4, Code 2009, is amended by
     4 24 adding the following new subsection:
     4 25    NEW SUBSECTION.  9.  a.  The owner of a data center
     4 26 business, as defined in section 423.3, subsection 95,
     4 27 paragraph "e", located in this state that is not
     4 28 eligible for the exemption under section 423.3,
     4 29 subsection 95, may make an annual application to the
     4 30 department for the refund of fifty percent of the
     4 31 sales or use tax upon all of the following:
     4 32    (1)  The sales price from the sale or rental of
     4 33 computers and equipment that are necessary for the
     4 34 maintenance and operation of a data center business
     4 35 and property whether directly or indirectly connected
     4 36 to the computers, including but not limited to cooling
     4 37 systems, cooling towers, and other temperature control
     4 38 infrastructure; power infrastructure for
     4 39 transformation, distribution, or management of
     4 40 electricity used for the maintenance and operation of
     4 41 the data center business including but not limited to
     4 42 exterior dedicated business=owned substations, backup
     4 43 power generation systems, battery systems, and related
     4 44 infrastructure; and racking systems, cabling, and
     4 45 trays, which are necessary for the maintenance and
     4 46 operation of the data center business.
     4 47    (2)  The sales price of backup power generation
     4 48 fuel that is purchased by a data center business for
     4 49 use in the items listed in subparagraph (1).
     4 50    (3)  The sales price of electricity purchased for
     5  1 use in providing data center services.
     5  2    b.  A data center business shall qualify for the
     5  3 partial refund in this subsection if all of the
     5  4 following criteria are met:
     5  5    (1)  The data center business shall have a physical
     5  6 location in the state which is at least five thousand
     5  7 square feet in size.
     5  8    (2)  The data center business shall make a minimum
     5  9 investment of at least ten million dollars, in the
     5 10 case of new construction, or at least five million
     5 11 dollars in the case of a rehabilitated building, in an
     5 12 Iowa physical location within the first six years of
     5 13 operation in Iowa, beginning with the date on which
     5 14 the data center business initiates site preparation
     5 15 activities.  The minimum investment includes the
     5 16 initial investment, including the value of a lease
     5 17 agreement or the amount invested in land and
     5 18 subsequent acquisition of additional adjacent land and
     5 19 subsequent investment at the Iowa location.
     5 20    (3)  If the data center business is leasing a
     5 21 building to house operations, the data center business
     5 22 shall enter into a lease that is at least five years
     5 23 in duration.
     5 24    (4)  The data center business shall comply with the
     5 25 sustainable design and construction standards
     5 26 established by the state building code commissioner
     5 27 pursuant to section 103A.8B.
     5 28    c.  The refund allowed under this subsection shall
     5 29 be available for the following periods of time:
     5 30    (1)  For an investment of at least ten million
     5 31 dollars, in the case of new construction, or at least
     5 32 five million dollars, in the case of a rehabilitated
     5 33 building, but less than seventy=three million dollars,
     5 34 fifteen years.
     5 35    (2)  For an investment of at least seventy=three
     5 36 million dollars but less than one hundred thirty=six
     5 37 million dollars, ten years.
     5 38    (3)  For an investment of at least one hundred
     5 39 thirty=six million dollars, but less than two hundred
     5 40 million dollars, seven years.
     5 41    d.  The refund may be obtained only in the
     5 42 following manner and under the following conditions:
     5 43    (1)  The applicant shall use forms furnished by the
     5 44 department.
     5 45    (2)  The applicant shall separately list the
     5 46 amounts of sales and use tax paid during the reporting
     5 47 period.
     5 48    (3)  The applicant may request when the refund
     5 49 begins, but it must start on the first day of a month
     5 50 and proceed for a continuous twelve=month period.
     6  1    e.  In determining the amount to be refunded, if
     6  2 the dates of the utility billing or meter reading
     6  3 cycle for the sale or furnishing of metered gas and
     6  4 electricity are on or after the first day of the first
     6  5 month through the last day of the last month of the
     6  6 refund year, fifty percent of the amount of tax
     6  7 charged in the billings shall be refunded.  In
     6  8 determining the amount to be refunded, if the dates of
     6  9 the sale or furnishing of fuel for purposes of
     6 10 commercial energy and the delivery of the fuel are on
     6 11 or after the first day of the first month through the
     6 12 last day of the last month of the refund year, fifty
     6 13 percent of the amount of tax charged in the billings
     6 14 shall be refunded.
     6 15    f.  To receive refunds during the applicable refund
     6 16 period, the applicant shall file a refund claim within
     6 17 three months after the end of each refund year.
     6 18    g.  The refund in this subsection applies only to
     6 19 state sales and use tax paid and does not apply to
     6 20 local option sales and services taxes imposed pursuant
     6 21 to chapter 423B.  Notwithstanding the state sales tax
     6 22 imposed in section 423.2, a refund issued pursuant to
     6 23 this section shall not exceed an amount equal to five
     6 24 percent of the sales price of the items listed in
     6 25 paragraph "a", subparagraphs (1), (2), and (3).
     6 26    Sec.    .  Section 427.1, Code 2009, is amended by
     6 27 adding the following new subsection:
     6 28    NEW SUBSECTION.  37.  DATA CENTER BUSINESS
     6 29 PROPERTY.
     6 30    a.  Property, other than land and buildings and
     6 31 other improvements, that is utilized by a data center
     6 32 business as defined in and meeting the requirements of
     6 33 section 423.3, subsection 95, including computers and
     6 34 equipment that are necessary for the maintenance and
     6 35 operation of a data center business and other property
     6 36 whether directly or indirectly connected to the
     6 37 computers, including but not limited to cooling
     6 38 systems, cooling towers, and other temperature control
     6 39 infrastructure; power infrastructure for
     6 40 transformation, distribution, or management of
     6 41 electricity, including but not limited to exterior
     6 42 dedicated business=owned substations, and power
     6 43 distribution systems which are not subject to
     6 44 assessment under chapter 437A; racking systems,
     6 45 cabling, and trays; and backup power generation
     6 46 systems, battery systems, and related infrastructure
     6 47 all of which are necessary for the maintenance and
     6 48 operation of the data center business.
     6 49    b.  This data center business exemption applies
     6 50 beginning with the assessment year the investment in
     7  1 or construction of the facility utilizing the
     7  2 materials, equipment, and systems set forth in
     7  3 paragraph "a" are first assessed.
     7  4    Sec.    .  IMPLEMENTATION.  Section 25B.7 does not
     7  5 apply to the property tax exemption enacted in this
     7  6 Act.
     7  7    Sec.    .  APPLICABILITY DATE PROVISION.  The
     7  8 sections of this division of this Act providing sales
     7  9 and use tax refunds apply to sales and use tax paid on
     7 10 or after July 1, 2009.>
     7 11
     7 12
     7 13                               
     7 14 RANTS of Woodbury
     7 15 HF 819.501 83
     7 16 tw/mg:sc/24347

                              -1-