Senate
File
2366
-
Enrolled
Senate
File
2366
AN
ACT
RELATING
TO
THE
ASSESSMENT
AND
TAXATION
OF
WIND
ENERGY
CONVERSION
PROPERTY
AND
INCLUDING
EFFECTIVE
DATE,
APPLICABILITY,
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
427B.26,
subsection
1,
paragraph
b,
Code
2022,
is
amended
to
read
as
follows:
b.
If
in
the
opinion
of
the
city
council
or
the
county
board
of
supervisors
continuation
of
the
special
valuation
provided
under
this
section
ceases
to
be
of
benefit
to
the
city
or
county,
the
city
council
or
the
county
board
of
supervisors
may
repeal
the
ordinance
authorized
by
this
subsection
.
Property
specially
valued
under
this
section
prior
to
repeal
of
the
ordinance
shall
continue
to
be
valued
under
this
section
until
the
end
of
the
nineteenth
assessment
year
following
the
assessment
year
in
which
the
property
was
first
assessed.
Following
repeal
of
the
ordinance
and
conclusion
of
the
applicable
nineteen-year
period,
the
wind
energy
conversion
property
shall
be
subject
to
assessment
and
taxation
under
chapter
437A,
section
441.21,
subsection
8,
paragraphs
“b”
,
“c”
,
and
“d”
,
or
sections
428.24
through
428.26,
428.28,
and
428.29,
as
applicable.
Sec.
2.
Section
427B.26,
subsection
2,
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
In
lieu
of
the
valuation
and
assessment
provisions
in
chapter
437A,
section
441.21,
subsection
8
,
paragraphs
“b”
,
“c”
,
Senate
File
2366,
p.
2
and
“d”
,
and
sections
428.24
through
428.26
,
428.28
,
and
428.29
,
as
applicable,
wind
energy
conversion
property
which
is
first
assessed
for
property
taxation
on
or
after
January
1,
1994,
and
on
or
after
the
effective
date
of
the
ordinance
enacted
pursuant
to
subsection
1
,
shall
be
valued
by
the
local
assessor
for
property
tax
purposes
as
follows:
Sec.
3.
Section
427B.26,
subsections
3
and
4,
Code
2022,
are
amended
to
read
as
follows:
3.
a.
The
taxpayer
shall
file
with
the
local
assessor
by
February
1
of
the
assessment
year
in
which
the
wind
energy
conversion
property
is
first
assessed
for
property
tax
purposes,
a
declaration
of
intent
to
have
the
property
assessed
at
the
value
determined
under
this
section
in
lieu
of
the
valuation
and
assessment
provisions
in
chapter
437A,
section
441.21,
subsection
8
,
paragraphs
“b”
,
“c”
,
and
“d”
,
and
sections
428.24
through
428.26
,
428.28
,
and
428.29
,
as
applicable
.
b.
Maintaining,
refurbishing,
or
repowering
wind
energy
conversion
property
shall
not
cause
the
wind
energy
conversion
property
to
receive
a
new
assessment
schedule
under
subsection
2.
4.
For
purposes
of
this
section
:
a.
“Collector
substation”
means
an
electrical
substation
designed
to
collect
energy
from
multiple
electricity-generating
sources.
a.
b.
“Net
acquisition
cost”
means
the
acquired
cost
of
the
property
including
all
foundations
and
installation
cost
less
any
excess
cost
adjustment.
However,
except
in
the
case
of
a
clerical
error,
an
adjustment
shall
not
be
made
after
the
third
year
the
wind
energy
conversion
property
is
assessed.
c.
“Repowering”
means
the
removal
and
replacement
of
components
of
wind
energy
conversion
property.
b.
d.
“Wind
energy
conversion
property”
means
the
entire
wind
plant
including
,
but
not
limited
to
,
a
wind
charger,
windmill,
wind
turbine,
tower
and
electrical
equipment,
pad
mount
transformers,
power
lines,
and
collector
substation.
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
5.
RETROACTIVE
APPLICABILITY.
Except
for
section
427B.26,
subsection
3,
paragraph
“b”,
as
enacted
in
this
Act,
Senate
File
2366,
p.
3
this
Act
applies
retroactively
to
assessment
years
beginning
on
or
after
January
1,
2022.
Sec.
6.
APPLICABILITY.
Section
427B.26,
subsection
3,
paragraph
“b”,
as
enacted
in
this
Act,
applies
to
assessment
schedules
commenced
under
section
427B.26,
subsection
2,
on
or
after
the
effective
date
of
this
Act.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2366,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor