Senate File 524 S-3267 Amend Senate File 524 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 476B.5, subsection 4, Code 4 2011, is amended to read as follows: 5 4. The maximum amount of nameplate generating 6 capacity of all qualified facilities the board may 7 find eligible under this chapter shall not exceed 8 one hundred fifty twenty-six megawatts of nameplate 9 generating capacity. 10 Sec. 2. Section 476C.1, subsection 6, paragraph d, 11 Code 2011, is amended to read as follows: 12 d. Was initially placed into service on or after 13 July 1, 2005, and before January 1, 2012 2015 . 14 Sec. 3. Section 476C.1, subsection 6, Code 2011, is 15 amended by adding the following new paragraphs: 16 NEW PARAGRAPH . e. For applications filed on or 17 after July 1, 2011, is a facility of not less than 18 three-fourths megawatts of nameplate generating 19 capacity or the energy production capacity equivalent 20 if all or a portion of the renewable energy produced is 21 for on-site consumption by the producer. 22 NEW PARAGRAPH . f. For applications filed on or 23 after July 1, 2011, except for wind energy conversion 24 facilities, is a facility of no greater than five 25 megawatts of nameplate generating capacity or the 26 energy production capacity equivalent. 27 Sec. 4. Section 476C.1, subsection 8, Code 2011, is 28 amended to read as follows: 29 8. “Heat for a commercial purpose” means the heat in 30 British thermal unit equivalents from refuse-derived 31 fuel, methane, or other biogas produced in this state 32 either for commercial use by a producer for on-site 33 consumption or sold to a purchaser of renewable energy 34 for use for a commercial purpose in this state or for 35 use by an institution in this state. 36 Sec. 5. Section 476C.2, subsection 1, Code 2011, is 37 amended to read as follows: 38 1. A producer or purchaser of renewable energy 39 may receive renewable energy tax credits under this 40 chapter in an amount equal to one and one-half cents 41 per kilowatt-hour of electricity, or four dollars and 42 fifty cents per million British thermal units of heat 43 for a commercial purpose, or four dollars and fifty 44 cents per million British thermal units of methane gas 45 or other biogas used to generate electricity, or one 46 dollar and forty-four cents per one thousand standard 47 cubic feet of hydrogen fuel generated by and purchased 48 from an eligible renewable energy facility or used for 49 on-site consumption by the producer . 50 -1- SF524.2685 (1) 84 rn/nh 1/ 5 #1.

Sec. 6. Section 476C.3, subsection 1, paragraph e, 1 Code 2011, is amended to read as follows: 2 e. A Except when the renewable energy is produced 3 for on-site consumption by the producer, a copy of the 4 power purchase agreement or other agreement to purchase 5 electricity, hydrogen fuel, methane or other biogas, 6 or heat for a commercial purpose which shall designate 7 either the producer or purchaser of renewable energy as 8 eligible to apply for the renewable energy tax credit. 9 Sec. 7. Section 476C.3, subsection 3, Code 2011, is 10 amended to read as follows: 11 3. a. A facility that is not operational within 12 thirty months after issuance of an approval for the 13 facility by the board shall cease to be an eligible 14 renewable energy facility. However, a wind energy 15 conversion facility that is approved as eligible under 16 this section but is not operational within eighteen 17 months due to the unavailability of necessary equipment 18 shall be granted an additional twenty-four months to 19 become operational. 20 b. A facility which notifies the board prior to the 21 expiration of the time periods specified in paragraph 22 “a” that the facility intends to become operational and 23 wishes to preserve its eligibility shall be granted a 24 twelve-month extension. An extension may be renewed 25 for succeeding twelve-month periods if the board is 26 notified prior to the expiration of the extension of 27 the continued intention to become operational during 28 the succeeding period of extension. 29 c. If the owner of a facility discontinues efforts 30 to achieve operational status, the owner shall notify 31 the board within thirty days of such discontinuance 32 that the owner no longer seeks a tax credit pursuant 33 to this chapter. Upon receipt of such notification, 34 the board shall no longer consider the facility as an 35 eligible renewable energy facility under this chapter. 36 d. A facility that is granted and thereafter 37 loses approval may reapply to the board for a new 38 determination. 39 Sec. 8. Section 476C.3, subsection 4, Code 2011, is 40 amended to read as follows: 41 4. a. The maximum amount of nameplate generating 42 capacity of all wind energy conversion facilities the 43 board may find eligible under this chapter shall not 44 exceed three hundred thirty sixty-three megawatts of 45 nameplate generating capacity. 46 b. The maximum amount of energy production capacity 47 equivalent of all other facilities the board may find 48 eligible under this chapter shall not exceed a combined 49 output of twenty sixty-nine megawatts of nameplate 50 -2- SF524.2685 (1) 84 rn/nh 2/ 5

generating capacity and one hundred sixty-seven 1 billion British thermal units of heat for a commercial 2 purpose. Of the maximum amount of energy production 3 capacity equivalent of all other facilities found 4 eligible under this chapter , fifty-five billion British 5 thermal units of heat for a commercial purpose shall 6 be reserved for an eligible facility that is a refuse 7 conversion facility for processed, engineered fuel from 8 a multicounty solid waste management planning area. 9 The maximum amount of energy production capacity the 10 board may find eligible for a single refuse conversion 11 facility is fifty-five billion British thermal units of 12 heat for a commercial purpose. Of the maximum amount 13 of energy production capacity equivalent of all other 14 facilities found eligible under this chapter, an amount 15 equivalent to sixteen megawatts of nameplate generating 16 capacity shall be reserved for eligible renewable 17 energy facilities incorporated within or associated 18 with an ethanol cogeneration plant, provided such a 19 facility becomes operational on or before July 1, 2016. 20 Notwithstanding subsection 3, in the event such a 21 facility does not become operational on or before July 22 1, 2016, the sixteen megawatts of nameplate generating 23 capacity reserved for such facilities shall cease to 24 be reserved. 25 Sec. 9. Section 476C.4, subsections 1 and 2, Code 26 2011, are amended to read as follows: 27 1. A producer or purchaser of renewable energy may 28 apply to the board for the renewable energy tax credit 29 by submitting to the board all of the following: 30 a. A completed application in a form prescribed by 31 the board. 32 b. A copy of the determination granting approval of 33 the facility as an eligible renewable energy facility 34 by the board. 35 c. A copy of a signed power purchase agreement 36 or other agreement to purchase electricity, hydrogen 37 fuel, methane or other biogas, or heat for a commercial 38 purpose from an eligible renewable energy facility 39 which shall designate either the producer or purchaser 40 of renewable energy as eligible to apply for the 41 renewable energy tax credit. 42 d. Sufficient documentation that the electricity, 43 heat for a commercial purpose, methane gas or other 44 biogas, or hydrogen fuel has been generated by the 45 eligible renewable energy facility and sold to the 46 purchaser of renewable energy. 47 e. To the extent the produced electricity, 48 hydrogen fuel, methane or other biogas, or heat for 49 a commercial purpose is used for on-site consumption, 50 -3- SF524.2685 (1) 84 rn/nh 3/ 5

the requirements of paragraphs “c” and “d” shall not 1 be applicable. For such renewable energy production, 2 the owner must submit a certification under penalty 3 of perjury that the claimed amount of electricity, 4 hydrogen fuel, methane or other biogas, or heat for 5 a commercial purpose was produced by the eligible 6 facility and consumed by the owner. 7 e. f. Any other information the board deems 8 necessary. 9 2. The board shall notify the department of the 10 amount of kilowatt-hours, British thermal units of 11 heat for a commercial purpose, British thermal units 12 of methane gas or other biogas used to generate 13 electricity, or standard cubic feet of hydrogen fuel 14 generated and purchased from an eligible renewable 15 energy facility or generated and used by the producer 16 for on-site consumption . The department shall 17 calculate the amount of the tax credit for which the 18 applicant is eligible and shall issue the tax credit 19 certificate for that amount or notify the applicant 20 in writing of its refusal to do so. An applicant 21 whose application is denied may file an appeal with 22 the department within sixty days from the date of the 23 denial pursuant to the provisions of chapter 17A . 24 Sec. 10. Section 476C.4, subsection 5, Code 2011, 25 is amended to read as follows: 26 5. The department shall not issue a tax credit 27 certificate if the facility approved by the board as an 28 eligible renewable energy facility is not operational 29 within eighteen months after the approval is issued , 30 subject to the extension provisions of section 476C.3, 31 subsection 3 . 32 Sec. 11. Section 476C.5, Code 2011, is amended to 33 read as follows: 34 476C.5 Certificate issuance period. 35 A producer or purchaser of renewable energy may 36 receive renewable energy tax credit certificates for 37 a ten-year period for each eligible renewable energy 38 facility under this chapter . The ten-year period for 39 issuance of the tax credit certificates begins with the 40 date the purchaser of renewable energy first purchases 41 electricity, hydrogen fuel, methane gas or other biogas 42 used to generate electricity, or heat for commercial 43 purposes from the eligible renewable energy facility 44 for which a tax credit is issued under this chapter , 45 or the date the producer of the renewable energy first 46 uses the energy produced by the eligible renewable 47 energy facility for on-site consumption . Renewable 48 energy tax credit certificates shall not be issued for 49 renewable energy purchased or produced for on-site 50 -4- SF524.2685 (1) 84 rn/nh 4/ 5