House File 2489 - Introduced



                                       HOUSE FILE       
                                       BY  MAY, STRUYK, SODERBERG,
                                           and FREEMAN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to eligibility requirements for the renewable
  2    energy tax credit and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6206YH 81
  5 kk/je/5

PAG LIN



  1  1    Section 1.  Section 476C.3, subsection 1, Code Supplement
  1  2 2005, is amended to read as follows:
  1  3    1.  A producer or purchaser of renewable energy may apply
  1  4 to the board for a written determination regarding whether a
  1  5 facility is an eligible renewable energy facility by
  1  6 submitting to the board a written application containing all
  1  7 of the following:
  1  8    a.  Information regarding the ownership of the facility
  1  9 including the percentage of equity interest held by each
  1 10 owner.
  1 11    b.  The nameplate generating capacity of the facility or
  1 12 energy production capacity equivalent.
  1 13    c.  Information regarding the facility's initial placement
  1 14 in service.
  1 15    d.  Information regarding the type of facility and what
  1 16 type of renewable energy the facility will produce.
  1 17    e.  A copy of the power purchase agreement or other
  1 18 agreement to purchase electricity, hydrogen fuel, methane or
  1 19 other biogas, or heat for a commercial purpose which shall
  1 20 designate either the producer or purchaser of renewable energy
  1 21 as eligible to apply for the renewable energy tax credit.
  1 22    f.  A letter of credit in an amount reasonably sufficient
  1 23 to finance the construction of the facility.
  1 24    f.  g.  Any other information the board may require.
  1 25    Sec. 2.  Section 476C.3, subsection 3, Code Supplement
  1 26 2005, is amended by striking the subsection and inserting in
  1 27 lieu thereof the following:
  1 28    3.  A facility loses its approval by the board as an
  1 29 eligible renewable energy facility if any of the following
  1 30 occur:
  1 31    a.  The facility is not operational within eighteen months
  1 32 after issuance of an approval for the facility by the board.
  1 33    b.  The owner of the facility does not provide the board
  1 34 within ninety days after issuance of an approval for the
  1 35 facility by the board an executed power purchase agreement or
  2  1 other executed agreement to sell electricity, heat for a
  2  2 commercial purpose, methane gas or other biogas, or hydrogen
  2  3 fuel generated by the facility to a purchaser of renewable
  2  4 energy.
  2  5    c.  Within one hundred eighty days after issuance of an
  2  6 approval for the facility by the board, the owner of the
  2  7 facility fails to place an amount equal to twenty percent of
  2  8 the total moneys needed to finance the construction of the
  2  9 facility in an escrow account until invested in the
  2 10 construction of the facility and provide proof to the board
  2 11 that the moneys have been placed in escrow as required by this
  2 12 paragraph.
  2 13    3A.  A facility that is granted and thereafter loses
  2 14 approval as an eligible renewable energy facility under this
  2 15 section may reapply to the board for a new determination.
  2 16    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  2 17 immediate importance, takes effect upon enactment.
  2 18                           EXPLANATION
  2 19    This bill relates to the eligibility requirements for the
  2 20 renewable energy tax credit.  The bill provides that when a
  2 21 producer or purchaser of renewable energy applies to the Iowa
  2 22 utilities board for a determination regarding whether a
  2 23 renewable energy facility is an eligible renewable energy
  2 24 facility, the producer or purchaser must provide with the
  2 25 application a letter of credit in an amount that is reasonably
  2 26 sufficient to finance the construction of the renewable energy
  2 27 facility.
  2 28    The bill provides that in addition to the current
  2 29 requirement that a facility be operational within 18 months
  2 30 after receiving approval as an eligible renewable energy
  2 31 facility by the board, the owner of the facility must also
  2 32 provide the board, within 90 days after approval, an executed
  2 33 power purchase agreement or other executed agreement to sell
  2 34 electricity, heat for a commercial purpose, methane gas or
  2 35 other biogas, or hydrogen fuel generated by the facility to a
  3  1 purchaser of renewable energy.  The bill requires an owner of
  3  2 a facility that has received approval by the board as an
  3  3 eligible renewable energy facility to place an amount equal to
  3  4 20 percent of the total moneys needed to finance the
  3  5 construction of the facility in an escrow account within 180
  3  6 days after approval.  The owner must provide the board with
  3  7 proof that the moneys have been placed in an escrow account as
  3  8 required by the bill.
  3  9    A facility can lose its approval as a renewable energy
  3 10 facility requiring the owner of the facility to reapply for
  3 11 approval if the facility is not operational within 18 months,
  3 12 if the owner fails to provide an executed power purchase
  3 13 agreement or other documentation of the sale of renewable
  3 14 energy, or if the owner fails to place an amount equal to 20
  3 15 percent of the total moneys needed to finance the construction
  3 16 of the facility as required by the bill.  However, a facility
  3 17 can reapply for a new determination of approval.
  3 18    The bill takes effect upon enactment.
  3 19 LSB 6206YH 81
  3 20 kk:rj/je/5