House File 2682 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON COMMERCE,
                                           REGULATION AND LABOR

                                       (SUCCESSOR TO HF 2489)


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

                                      A BILL FOR

  1 An Act relating to the renewable energy tax credit program
  2    including providing for the extension of certain eligibility
  3    deadlines and operational requirements for eligible
  4    facilities.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6206HV 81
  7 kk/je/5

PAG LIN



  1  1    Section 1.  Section 476C.1, subsection 6, paragraph d, Code
  1  2 Supplement 2005, is amended to read as follows:
  1  3    d.  Was initially placed into service on or after July 1,
  1  4 2005, and before January 1, 2011 2012.
  1  5    Sec. 2.  Section 476C.3, subsection 1, paragraph e, Code
  1  6 Supplement 2005, is amended to read as follows:
  1  7    e.  A copy of the an executed power purchase agreement or
  1  8 other agreement demonstrating a financial capability and
  1  9 commitment to bring the project to completion and to purchase
  1 10 electricity, hydrogen fuel, methane or other biogas, or heat
  1 11 for a commercial purpose which shall designate is binding on
  1 12 the parties to the agreement and which designates either the
  1 13 producer or purchaser of renewable energy as eligible to apply
  1 14 for the renewable energy tax credit.  The board shall adopt
  1 15 rules to describe the agreements that are acceptable under
  1 16 this paragraph.
  1 17    Sec. 3.  Section 476C.3, subsection 3, Code Supplement
  1 18 2005, is amended to read as follows:
  1 19    3.  A facility that is not operational within eighteen
  1 20 months after issuance of an approval for the facility by the
  1 21 board shall cease to be an eligible renewable energy facility.
  1 22 However, a wind energy conversion facility that is approved as
  1 23 eligible under this section but is not operational within
  1 24 eighteen months due to the unavailability of necessary
  1 25 equipment shall be granted an additional twelve months to
  1 26 become operational.  A facility that is granted and thereafter
  1 27 loses approval may reapply to the board for a new
  1 28 determination.
  1 29    Sec. 4.  Section 476C.5, Code Supplement 2005, is amended
  1 30 to read as follows:
  1 31    476C.5  CERTIFICATE ISSUANCE PERIOD.
  1 32    A producer or purchaser of renewable energy may receive
  1 33 renewable energy tax credit certificates for a ten=year period
  1 34 for each eligible renewable energy facility under this
  1 35 chapter.  The ten=year period for issuance of the tax credit
  2  1 certificates begins with the date the purchaser of renewable
  2  2 energy first purchases electricity, hydrogen fuel, methane gas
  2  3 or other biogas used to generate electricity, or heat for
  2  4 commercial purposes from the eligible renewable energy
  2  5 facility for which a tax credit is issued under this chapter.
  2  6 Renewable energy tax credit certificates shall not be issued
  2  7 for renewable energy purchased after December 31, 2020 2021.
  2  8    Sec. 5.  ADMINISTRATIVE RULES.  The utilities board may
  2  9 adopt administrative rules under section 17A.4, subsection 2,
  2 10 and section 17A.5, subsection 2, paragraph "b", to implement
  2 11 the provisions of this Act amending section 476C.3, subsection
  2 12 1, paragraph "e", and the rules shall become effective
  2 13 immediately upon filing or on a later effective date specified
  2 14 in the rules, unless the effective date is delayed by the
  2 15 administrative rules review committee.  Any rules adopted in
  2 16 accordance with this section shall not take effect before the
  2 17 rules are reviewed by the administrative rules review
  2 18 committee.  The delay authority provided to the administrative
  2 19 rules review committee under section 17A.4, subsection 6, and
  2 20 section 17A.8, subsection 9, shall be applicable to a delay
  2 21 imposed under this section, notwithstanding a provision in
  2 22 those sections making them inapplicable to section 17A.5,
  2 23 subsection 2, paragraph "b".  Any rules adopted in accordance
  2 24 with the provisions of this section shall also be published as
  2 25 notice of intended action as provided in section 17A.4.
  2 26                           EXPLANATION
  2 27    This bill relates to the renewable energy tax program.  The
  2 28 bill extends the eligibility deadline for placement into
  2 29 service of a renewable energy facility by one year to January
  2 30 1, 2012.  The bill requires a person applying for a
  2 31 determination of eligibility to provide the utilities board
  2 32 with a copy of an executed power purchase agreement or other
  2 33 agreement that demonstrates a financial commitment to bring
  2 34 the project to completion and that is binding on the parties
  2 35 to the agreement.
  3  1    Under current law, if an eligible facility is not
  3  2 operational within 18 months, the facility is no longer
  3  3 considered eligible.  The bill extends this operational
  3  4 deadline by an additional 12 months if the eligible facility
  3  5 is a wind energy conversion facility and cannot be operational
  3  6 within 18 months due to the unavailability of necessary
  3  7 equipment.
  3  8    Under current law, a renewable energy tax credit
  3  9 certificate cannot be issued for any renewable energy
  3 10 purchased after December 31, 2020.  The bill extends the
  3 11 renewable energy tax credit certificate issuance period by one
  3 12 year to December 31, 2021.
  3 13    The bill provides for the adoption of rules by the
  3 14 utilities board relating to the agreements that are acceptable
  3 15 when applying for a determination of eligibility of a
  3 16 renewable energy facility.  The bill provides that the rules
  3 17 adopted shall be effective upon enactment unless delayed by
  3 18 the administrative rules review committee.
  3 19 LSB 6206HV 81
  3 20 kk:rj/je/5