Senate Amendment 5364


PAG LIN

     1  1    Amend House File 2531, as amended, passed, and
     1  2 reprinted by the House, as follows:
     1  3 #1.  Page 40, after line 29 by inserting:
     1  4    <Sec. ___.  Section 437A.3, Code Supplement 2009, is
     1  5 amended by adding the following new subsections:
     1  6    NEW SUBSECTION.  1A.  "Biofuel" means any solid,
     1  7 liquid, or gaseous fuel consisting of or derived from
     1  8 renewable biological sources, including but not limited
     1  9 to plants or animal waste.
     1 10    NEW SUBSECTION.  1B.  "Biofuel facility" means
     1 11 a facility owned or operated by a person or entity
     1 12 and used for the manufacture and distribution of any
     1 13 biofuel.
     1 14    Sec. ___.  Section 437A.8, subsection 6, Code 2009,
     1 15 is amended to read as follows:
     1 16    6.  Notwithstanding subsections 1 through 5, a
     1 17 taxpayer engaged in the production of a biofuel or any
     1 18 person owning a biofuel facility shall not be required
     1 19 to file a return otherwise required by this section
     1 20 or remit any replacement tax for any tax year in
     1 21 which the taxpayer's replacement tax liability before
     1 22 credits is three hundred dollars or less, provided
     1 23 that all electric companies, electric cooperatives,
     1 24 municipal utilities, and natural gas companies shall
     1 25 file a return, regardless of the taxpayer's replacement
     1 26 tax liability on, deliveries of natural gas to a
     1 27 biofuel facility prior to January 1, 2010. However,
     1 28 replacement tax remitted by a taxpayer prior to
     1 29 January 1, 2010, for natural gas delivered to a biofuel
     1 30 facility prior to January 1, 2010, shall not be subject
     1 31 to refund.>
     1 32 #2.  By renumbering as necessary.


                                        
          MICHAEL E. GRONSTAL


                                        
          JOHN P.  KIBBIE
          HF2531.2888 (2) 83
          tm/jp

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