House
File
645
S-3215
Amend
House
File
645,
as
passed
by
the
House,
as
1
follows:
2
1.
By
striking
everything
after
the
enacting
clause
3
and
inserting:
4
<
Section
1.
NEW
SECTION
.
422.11K
Wind
energy
5
system
tax
credits.
6
1.
The
taxes
imposed
under
this
division,
less
the
7
credits
allowed
under
section
422.12,
shall
be
reduced
8
by
a
wind
energy
system
tax
credit
equal
to
the
sum
of
9
the
following:
10
a.
Fifty
percent
of
the
federal
residential
energy
11
efficient
property
credit
related
to
small
wind
energy
12
provided
in
section
25D(a)(4)
of
the
Internal
Revenue
13
Code,
not
to
exceed
five
thousand
dollars.
14
b.
Fifty
percent
of
the
federal
energy
credit
15
related
to
small
wind
energy
provided
in
section
16
48(a)(2)(A)(i)(IV)
of
the
Internal
Revenue
Code,
not
to
17
exceed
five
thousand
dollars.
18
2.
Any
credit
in
excess
of
the
tax
liability
is
19
not
refundable
but
the
excess
for
the
tax
year
may
be
20
credited
to
the
tax
liability
for
the
following
ten
21
years
or
until
depleted,
whichever
is
earlier.
The
22
director
of
revenue
shall
adopt
rules
to
implement
this
23
section.
24
3.
a.
An
individual
may
claim
the
tax
credit
25
allowed
a
partnership,
limited
liability
company,
S
26
corporation,
estate,
or
trust
electing
to
have
the
27
income
taxed
directly
to
the
individual.
The
amount
28
claimed
by
the
individual
shall
be
based
upon
the
29
pro
rata
share
of
the
individual’s
earnings
of
the
30
partnership,
limited
liability
company,
S
corporation,
31
estate,
or
trust.
32
b.
A
taxpayer
who
is
eligible
to
claim
a
tax
credit
33
under
this
section
shall
not
be
eligible
to
claim
a
34
wind
energy
production
tax
credit
under
chapter
476B
or
35
a
renewable
energy
tax
credit
under
chapter
476C.
36
c.
A
taxpayer
may
claim
more
than
one
credit
37
under
this
section,
but
may
claim
only
one
credit
38
per
separate
and
distinct
small
wind
energy
system
39
installation.
The
department
shall
establish
criteria,
40
by
rule,
for
determining
what
constitutes
a
separate
41
and
distinct
installation.
42
d.
A
taxpayer
must
submit
an
application
to
the
43
department
for
each
separate
and
distinct
small
wind
44
energy
installation.
The
application
must
be
approved
45
by
the
department
in
order
to
claim
the
tax
credit.
46
The
application
must
be
filed
by
May
1
following
the
47
year
of
the
installation
of
the
small
wind
energy
48
system.
49
4.
a.
The
cumulative
value
of
tax
credits
claimed
50
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5
#1.
annually
by
applicants
pursuant
to
this
section
shall
1
not
exceed
one
hundred
fifty
thousand
dollars.
2
b.
If
an
amount
of
tax
credits
available
for
a
3
tax
year
pursuant
to
paragraph
“a”
goes
unclaimed,
4
the
amount
of
the
unclaimed
tax
credits
shall
be
made
5
available
for
the
following
tax
year
in
addition
to,
6
and
cumulated
with,
the
amount
available
pursuant
to
7
paragraph
“a”
for
the
following
tax
year.
8
5.
On
or
before
January
1,
annually,
the
department
9
shall
submit
a
written
report
to
the
governor
and
10
the
general
assembly
regarding
the
number
and
value
11
of
tax
credits
claimed
under
this
section,
and
any
12
other
information
the
department
may
deem
relevant
and
13
appropriate.
14
Sec.
2.
Section
422.11L,
subsection
1,
Code
2015,
15
is
amended
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
c.
Notwithstanding
paragraphs
“a”
17
and
“b”
of
this
subsection,
for
installations
occurring
18
on
or
after
January
1,
2016,
the
applicable
percentages
19
of
the
federal
residential
energy
efficiency
property
20
tax
credit
related
to
solar
energy
and
the
federal
21
energy
credit
related
to
solar
energy
systems
shall
be
22
fifty
percent.
23
Sec.
3.
Section
422.11L,
subsection
4,
paragraph
a,
24
Code
2015,
is
amended
to
read
as
follows:
25
a.
The
cumulative
value
of
tax
credits
claimed
26
annually
by
applicants
pursuant
to
this
section
shall
27
not
exceed
four
five
million
five
hundred
thousand
28
dollars.
Of
this
amount,
at
least
one
million
29
dollars
shall
be
reserved
for
claims
associated
with
30
or
resulting
from
residential
solar
energy
system
31
installations.
In
the
event
that
the
total
amount
of
32
claims
submitted
for
residential
solar
energy
system
33
installations
in
a
tax
year
is
an
amount
less
than
34
one
million
dollars,
the
remaining
unclaimed
reserved
35
amount
shall
be
made
available
for
claims
associated
36
with
or
resulting
from
nonresidential
solar
energy
37
system
installations
received
for
the
tax
year.
38
Sec.
4.
Section
422.33,
subsection
29,
paragraph
a,
39
Code
2015,
is
amended
to
read
as
follows:
40
a.
The
taxes
imposed
under
this
division
shall
41
be
reduced
by
a
solar
energy
system
tax
credit
42
equal
to
sixty
percent
of
the
federal
energy
credit
43
related
to
solar
energy
systems
provided
in
section
44
48(a)(2)(A)(i)(II)
and
section
48(a)(2)(A)(i)(III)
45
of
the
Internal
Revenue
Code,
not
to
exceed
twenty
46
thousand
dollars.
For
installations
occurring
on
or
47
after
January
1,
2016,
the
applicable
percentage
of
the
48
federal
energy
credit
related
to
solar
energy
systems
49
shall
be
fifty
percent.
50
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5
Sec.
5.
Section
422.33,
Code
2015,
is
amended
by
1
adding
the
following
new
subsection:
2
NEW
SUBSECTION
.
31.
a.
The
taxes
imposed
under
3
this
division
shall
be
reduced
by
a
wind
energy
system
4
tax
credit
equal
to
fifty
percent
of
the
federal
energy
5
credit
related
to
small
wind
energy
systems
provided
6
in
section
48(a)(2)(A)(i)(IV)
of
the
Internal
Revenue
7
Code,
not
to
exceed
five
thousand
dollars.
8
b.
The
taxpayer
may
claim
the
credit
pursuant
to
9
this
subsection
according
to
the
same
requirements,
10
conditions,
and
limitations
as
provided
in
section
11
422.11K.
12
Sec.
6.
Section
422.60,
subsection
12,
paragraph
a,
13
Code
2015,
is
amended
to
read
as
follows:
14
a.
The
taxes
imposed
under
this
division
shall
15
be
reduced
by
a
solar
energy
system
tax
credit
16
equal
to
sixty
percent
of
the
federal
energy
credit
17
related
to
solar
energy
systems
provided
in
section
18
48(a)(2)(A)(i)(II)
and
section
48(a)(2)(A)(i)(III)
19
of
the
Internal
Revenue
Code,
not
to
exceed
twenty
20
thousand
dollars.
For
installations
occurring
on
or
21
after
January
1,
2016,
the
applicable
percentage
of
the
22
federal
energy
credit
related
to
solar
energy
systems
23
shall
be
fifty
percent.
24
Sec.
7.
Section
422.60,
Code
2015,
is
amended
by
25
adding
the
following
new
subsection:
26
NEW
SUBSECTION
.
14.
a.
The
taxes
imposed
under
27
this
division
shall
be
reduced
by
a
wind
energy
system
28
tax
credit
equal
to
fifty
percent
of
the
federal
energy
29
credit
related
to
small
wind
energy
systems
provided
30
in
section
48(a)(2)(A)(i)(IV)
of
the
Internal
Revenue
31
Code,
not
to
exceed
five
thousand
dollars.
32
b.
The
taxpayer
may
claim
the
credit
pursuant
to
33
this
subsection
according
to
the
same
requirements,
34
conditions,
and
limitations
as
provided
in
section
35
422.11K.
36
Sec.
8.
Section
476C.1,
subsection
6,
paragraph
37
b,
subparagraph
(5),
Code
2015,
is
amended
to
read
as
38
follows:
39
(5)
An
electric
cooperative
association
that
has
40
one
or
more
members
organized
pursuant
to
chapter
499
41
or
a
municipally
owned
city
utility
as
defined
in
42
section
362.2
.
43
Sec.
9.
Section
476C.3,
subsection
4,
paragraph
b,
44
Code
2015,
is
amended
to
read
as
follows:
45
b.
The
maximum
annual
amount
of
energy
production
46
capacity
equivalent
of
all
other
facilities
the
board
47
may
find
eligible
under
this
chapter
shall
not
exceed
48
a
combined
output
of
fifty-three
sixty-three
megawatts
49
of
nameplate
generating
capacity
and
one
hundred
50
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5
sixty-seven
billion
British
thermal
units
of
heat
for
a
1
commercial
purpose.
2
(1)
Of
the
maximum
annual
amount
of
energy
3
production
capacity
equivalent
of
all
other
facilities
4
found
eligible
under
this
chapter
,
no
more
than
ten
5
megawatts
of
nameplate
generating
capacity
or
energy
6
production
capacity
equivalent
shall
be
allocated
7
annually
to
any
one
facility.
8
(2)
Of
the
maximum
annual
amount
of
energy
9
production
capacity
equivalent
of
all
other
facilities
10
found
eligible
under
this
chapter
,
fifty-five
billion
11
British
thermal
units
of
heat
for
a
commercial
purpose
12
shall
be
reserved
annually
for
an
eligible
facility
13
that
is
a
refuse
conversion
facility
for
processed,
14
engineered
fuel
from
a
multicounty
solid
waste
15
management
planning
area.
The
maximum
amount
of
annual
16
energy
production
capacity
the
board
may
find
eligible
17
for
a
single
refuse
conversion
facility
is
fifty-five
18
billion
British
thermal
units
of
heat
for
a
commercial
19
purpose.
20
(3)
Of
the
maximum
annual
amount
of
energy
21
production
capacity
equivalent
of
all
other
facilities
22
found
eligible
under
this
chapter,
ten
megawatts
of
23
nameplate
generating
capacity
or
energy
production
24
equivalent
shall
be
reserved
annually
for
solar
25
facilities
owned
or
contracted
for
by
utilities
26
described
in
section
476C.1,
subsection
6,
paragraph
27
“b”
,
subparagraph
(5).
28
Sec.
10.
Section
476C.5,
Code
2015,
is
amended
to
29
read
as
follows:
30
476C.5
Certificate
issuance
period.
31
A
producer
or
purchaser
of
renewable
energy
may
32
shall
receive
renewable
energy
tax
credit
certificates
33
for
a
ten-year
period
for
each
eligible
renewable
34
energy
facility
under
this
chapter
.
The
ten-year
35
period
for
issuance
of
the
tax
credit
certificates
36
begins
with
the
date
the
purchaser
of
renewable
energy
37
first
purchases
electricity,
hydrogen
fuel,
methane
gas
38
or
other
biogas
used
to
generate
electricity,
or
heat
39
for
commercial
purposes
from
the
eligible
renewable
40
energy
facility
for
which
a
tax
credit
is
issued
under
41
this
chapter
,
or
the
date
the
producer
of
the
renewable
42
energy
first
uses
the
energy
produced
by
the
eligible
43
renewable
energy
facility
for
on-site
consumption.
44
Renewable
energy
tax
credit
certificates
shall
not
be
45
issued
for
renewable
energy
purchased
or
produced
for
46
on-site
consumption
after
December
31,
2026.
47
Sec.
11.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
48
deemed
of
immediate
importance,
takes
effect
upon
49
enactment.
50
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Sec.
12.
RETROACTIVE
APPLICABILITY.
1
1.
Except
as
provided
in
subsection
2,
the
sections
2
of
this
Act
amending
section
476C.3,
subsection
4,
3
paragraph
“b”,
and
section
476C.5,
apply
retroactively
4
to
January
1,
2014,
for
tax
years
beginning
on
or
after
5
that
date.
6
2.
The
section
of
this
Act
amending
section
7
476C.1,
subsection
6,
and
section
476C.3,
subsection
8
4,
paragraph
“b”,
unnumbered
paragraph
1,
and
9
enacting
section
476C.3,
subsection
4,
paragraph
“b”,
10
subparagraph
(3),
applies
retroactively
to
January
1,
11
2015,
for
tax
years
beginning
on
or
after
that
date.
12
3.
The
section
of
this
Act
amending
section
13
422.11L,
subsection
4,
paragraph
“a”,
applies
14
retroactively
to
January
1,
2015,
for
tax
years
15
beginning
on
or
after
that
date.
16
4.
The
sections
of
this
Act
enacting
section
17
422.11K,
section
422.33,
subsection
31,
and
section
18
422.60,
subsection
14,
apply
retroactively
to
January
19
1,
2015,
for
tax
years
beginning
on
or
after
that
20
date.
>
21
2.
Title
page,
by
striking
lines
1
through
3
and
22
inserting
<
An
Act
modifying
and
enacting
provisions
23
relating
to
specified
renewable
energy
tax
credits,
and
24
including
effective
date
and
retroactive
applicability
25
provisions.
>
26
______________________________
COMMITTEE
ON
WAYS
AND
MEANS
JOE
BOLKCOM,
CHAIRPERSON
-5-
HF645.2199
(3)
86
rn/sc
5/
5
#2.