H-8368

   Amend House File 2757 as follows:
   1.  Page 1, before line 1 by inserting: 
<DIVISION I
NUCLEAR ELECTRIC GENERATION FACILITIES —— SALES AND USE TAX EXEMPTIONS>
   2.  Page 3, line 13, before <Act> by inserting <division of this>
   3.  Page 3, after line 16 by inserting: 
<DIVISION ___
WIND ENERGY CONVERSION PROPERTY —— SURCHARGE

   Sec. ___.  NEW SECTION.  476.53B  Wind energy conversion property —— surcharge.
   1.  It is the intent of the general assembly that the surcharge imposed under this section serve as a partial offset to the revenue reductions resulting from exemptions for nuclear electric generation facilities under section 423.3, subsection 111.
   2.  For purposes of this section, “wind energy conversion property” means the same as defined in section 427B.26.
   3.  In addition to property taxes due and payable in fiscal years beginning on or after July 1, 2027, a surcharge is imposed on all wind energy conversion property valued under section 427B.26 in an amount equal to the difference, but not less than zero, between the following using the wind energy conversion property’s net acquisition cost as the actual value of the property:
   a.  The amount of property taxes that would be due and payable if the wind energy conversion property were assessed as industrial property under section 441.21, subsection 5, paragraph “c”, using the wind energy conversion property’s net acquisition cost as the actual value of the property, and taxed at the levy rates applicable to industrial property in the taxing district where the property is located.
   b.  The amount of property taxes due and payable on the wind energy conversion property for the applicable fiscal year.
   4.  The surcharge imposed under this section shall apply to all wind energy conversion property subject to special valuation under section 427B.26, whether such property commenced commercial operation before or after the effective date of this division of this Act.
   5.  The surcharge amount due under this section for each fiscal year in which property taxes are due and payable on the wind energy conversion property shall be calculated by the county assessor of the county in which the wind energy conversion property is located.
   6.  The surcharge imposed under this section shall be assessed, billed, and collected by the county assessor and county treasurer of the county in which the wind energy conversion property is located, in the same manner and subject to the same penalties, interest, and enforcement provisions as property taxes imposed on wind energy conversion property subject to special valuation under section 427B.26.
   7.  The proceeds of the surcharge imposed under this section shall be distributed as follows:
   a.  Fifty percent shall be apportioned and paid by the county treasurer to the taxing authorities in the taxing district where the wind energy conversion property is located in the same proportions as property taxes due and payable are imposed for the same fiscal year. Such amounts shall be used by each recipient taxing authority to reduce the taxing authority’s property tax dollars levied on all property in the succeeding fiscal year.
   b.  Fifty percent shall be remitted by the county treasurer to the treasurer of state for deposit in the general fund of the state.
   8.  The surcharge imposed under this section is in addition to, and not in lieu of, any other tax, fee, or financial obligation imposed on wind energy conversion property or its owner or operator under any other provision of law. Payment of the surcharge shall not be credited against, or otherwise reduce, any other tax or financial obligation of the wind energy conversion property owner or operator.
   9.  The department of revenue shall, by January 1, 2028, and January 1 of each year thereafter, prepare and submit to the general assembly a report detailing, for the most recently completed fiscal year, the total amount of surcharges collected statewide; the amount distributed to each taxing authority in each county; the amount remitted to the general fund; and the estimated reduction in property tax levies achieved in each taxing district as the result of the surcharge.>
   4.  Title page, line 1, by striking <creating> and inserting <relating to taxes on electric generation facilities, including>
   5.  Title page, line 3, after <facilities> by inserting <and a surcharge for wind energy conversion property>
   6.  By renumbering as necessary.

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THOMSON of Floyd