Senate File 2399 - Introduced



                                   SENATE FILE       
                                   BY  COMMITTEE ON WAYS AND MEANS

                                   (SUCCESSOR TO SF 2325)
                                   (SUCCESSOR TO SF 2133)


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

                                      A BILL FOR

  1 An Act relating to renewable energy including the renewable
  2    energy tax credit and the wind energy production tax credit.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5725SZ 81
  5 kk/gg/14

PAG LIN



  1  1    Section 1.  Section 476B.1, subsection 4, paragraph c, Code
  1  2 Supplement 2005, is amended to read as follows:
  1  3    c.  Was originally placed in service on or after July 1,
  1  4 2005, but before July 1, 2008 2009.
  1  5    Sec. 2.  Section 476B.5, subsection 1, paragraph e, Code
  1  6 Supplement 2005, is amended to read as follows:
  1  7    e.  A copy of an executed power purchase agreement or other
  1  8 agreement to purchase electricity upon completion of the
  1  9 project.  An executed interconnection agreement or
  1 10 transmission service agreement shall be accepted by the board
  1 11 under this paragraph if the owner of the facility has agreed
  1 12 to sell electricity from the facility directly or indirectly
  1 13 to a wholesale power pool market.
  1 14    Sec. 3.  Section 476B.5, subsection 3, Code Supplement
  1 15 2005, is amended to read as follows:
  1 16    3.  A facility that is not operational within eighteen
  1 17 months after issuance of an approval for the facility by the
  1 18 board shall cease to be a qualified facility.  However, a
  1 19 facility that is approved as qualified under this section but
  1 20 is not operational within eighteen months due to the
  1 21 unavailability of necessary equipment shall be granted an
  1 22 additional twelve months to become operational.  A facility
  1 23 that is granted and thereafter loses approval may reapply to
  1 24 the board for a new determination.
  1 25    Sec. 4.  Section 476C.1, subsection 6, unnumbered paragraph
  1 26 1, Code Supplement 2005, is amended to read as follows:
  1 27    "Eligible renewable energy facility" means a wind energy
  1 28 conversion facility, a biogas recovery facility, a biomass
  1 29 conversion facility, a methane gas recovery facility, or a
  1 30 solar energy conversion facility, or a refuse conversion
  1 31 facility that meets all of the following requirements:
  1 32    Sec. 5.  Section 476C.1, subsection 6, paragraph d, Code
  1 33 Supplement 2005, is amended to read as follows:
  1 34    d.  Was initially placed into service on or after July 1,
  1 35 2005, and before January 1, 2011 2012.
  2  1    Sec. 6.  Section 476C.1, subsection 8, Code Supplement
  2  2 2005, is amended to read as follows:
  2  3    8.  "Heat for a commercial purpose" means the heat in
  2  4 British thermal unit equivalents from refuse derived fuel,
  2  5 methane, or other biogas produced in this state sold to a
  2  6 purchaser of renewable energy for use for a commercial purpose
  2  7 in this state or for use by an institution in this state.
  2  8    Sec. 7.  Section 476C.1, Code Supplement 2005, is amended
  2  9 by adding the following new subsection:
  2 10    NEW SUBSECTION.  12A.  "Refuse conversion facility" means a
  2 11 facility in this state that converts solid waste into fuel
  2 12 that can be burned to generate heat for a commercial purpose
  2 13 in this state.
  2 14    Sec. 8.  Section 476C.3, subsections 2, 3, 4, and 5, Code
  2 15 Supplement 2005, are amended to read as follows:
  2 16    2.  The board shall review the application and supporting
  2 17 information and shall make a preliminary determination
  2 18 regarding whether the facility is an eligible renewable energy
  2 19 facility.  The board shall notify the applicant of the
  2 20 approval or denial of the application within thirty days of
  2 21 receipt of the application and information required.  If the
  2 22 board fails to notify the applicant of the approval or denial
  2 23 within thirty days, the application shall be deemed denied
  2 24 unless the application is placed on a waiting list as
  2 25 described in subsection 5.  An applicant who receives a
  2 26 determination denying an application may file an appeal with
  2 27 the board within thirty days from the date of the denial
  2 28 pursuant to the provisions of chapter 17A.  In the absence of
  2 29 a timely appeal, the preliminary determination shall be final.
  2 30 If the application is incomplete, the board may grant an
  2 31 extension of time for the provision of additional information.
  2 32    3.  A facility that is not operational within eighteen
  2 33 thirty months after issuance of an approval for the facility
  2 34 by the board shall cease to be an eligible renewable energy
  2 35 facility.  A facility that is granted and thereafter loses
  3  1 approval may reapply to the board for a new determination.
  3  2    4.  The maximum amount of nameplate generating capacity of
  3  3 all wind energy conversion facilities the board may find
  3  4 eligible under this chapter shall not exceed ninety one
  3  5 hundred eighty megawatts of nameplate generating capacity.
  3  6 The maximum amount of energy production capacity equivalent of
  3  7 all other facilities the board may find eligible under this
  3  8 chapter shall not exceed a combined output of ten twenty
  3  9 megawatts of nameplate generating capacity and one hundred
  3 10 sixty=seven billion British thermal units of heat for a
  3 11 commercial purpose.  Of the maximum amount of energy
  3 12 production capacity equivalent of all other facilities found
  3 13 eligible under this chapter, fifty=five billion British
  3 14 thermal units of heat for a commercial purpose shall be
  3 15 reserved for an eligible facility that is a refuse conversion
  3 16 facility for processed, engineered fuel from a multi=county
  3 17 solid waste management planning area.  The maximum amount of
  3 18 energy production capacity the board may find eligible for a
  3 19 single refuse conversion facility is fifty=five billion
  3 20 British thermal units of heat for a commercial purpose.
  3 21    5.  The board shall maintain a waiting list of facilities
  3 22 that may have been found eligible under this section but for
  3 23 the maximum capacity restrictions of subsection 4.  The
  3 24 priority of the waiting list shall be maintained in the order
  3 25 the applications were received by the board.  The board shall
  3 26 remove from the waiting list any facility that has
  3 27 subsequently been found ineligible under this chapter.  If
  3 28 additional capacity becomes available within the capacity
  3 29 restrictions of subsection 4, the board shall grant approval
  3 30 to facilities according to the priority of the waiting list
  3 31 before granting approval to new applications.  An owner of a
  3 32 facility on the waiting list shall provide the board each year
  3 33 by August 31 with a sworn statement of verification stating
  3 34 that the information contained in the application for
  3 35 eligibility remains true and correct or stating that the
  4  1 information has changed and providing the new information.
  4  2    5.  6.  An owner meeting the requirements of section
  4  3 476C.1, subsection 6, paragraph "b", shall not be an owner of
  4  4 more than two eligible renewable energy facilities.  A person
  4  5 that has an equity interest equal to or greater than fifty=one
  4  6 percent in an eligible renewable energy facility shall not
  4  7 have an equity interest greater than ten percent in any other
  4  8 eligible renewable energy facility.
  4  9    Sec. 9.  Section 476C.5, Code Supplement 2005, is amended
  4 10 to read as follows:
  4 11    476C.5  CERTIFICATE ISSUANCE PERIOD.
  4 12    A producer or purchaser of renewable energy may receive
  4 13 renewable energy tax credit certificates for a ten=year period
  4 14 for each eligible renewable energy facility under this
  4 15 chapter.  The ten=year period for issuance of the tax credit
  4 16 certificates begins with the date the purchaser of renewable
  4 17 energy first purchases electricity, hydrogen fuel, methane gas
  4 18 or other biogas used to generate electricity, or heat for
  4 19 commercial purposes from the eligible renewable energy
  4 20 facility for which a tax credit is issued under this chapter.
  4 21 Renewable energy tax credit certificates shall not be issued
  4 22 for renewable energy purchased after December 31, 2020 2021.
  4 23    Sec. 10.  TRANSITION PROVISIONS == APPLICABILITY.
  4 24    1.  The waiting list described in this Act is the waiting
  4 25 list maintained by the Iowa utilities board for applications
  4 26 for eligibility received prior to the effective date of this
  4 27 Act.
  4 28    2.  As of the effective date of this Act, the section of
  4 29 this Act amending section 476C.3, subsection 6, applies to all
  4 30 facilities on the waiting list described by this Act
  4 31 regardless of the date a facility applied for eligibility.
  4 32    Sec. 11.  PROPOSAL FOR TRANSMISSION STUDY.  The utilities
  4 33 board shall submit to the government oversight committee by
  4 34 January 1, 2007, a proposal to conduct a study on the
  4 35 transmission of electricity in Iowa.  The proposal shall
  5  1 include a description of the content to be studied which shall
  5  2 include examining the reliability and limitations of the
  5  3 primary grid system and the development of additional small
  5  4 wind projects in all regions of the state.  The content to be
  5  5 studied shall also include issues related to the security of
  5  6 Iowa's energy supply in the event of a national or local
  5  7 emergency affecting the primary grid system.  The proposal
  5  8 shall include a description of the estimated time needed to
  5  9 complete the study, an estimate of the cost to complete the
  5 10 study, and any other information the board deems necessary.
  5 11                           EXPLANATION
  5 12    This bill relates to renewable energy including the
  5 13 renewable energy tax credit and the wind energy production tax
  5 14 credit.
  5 15    The bill extends the eligibility of a qualified facility
  5 16 for the wind energy production tax credit by one year to
  5 17 include those wind energy conversion facilities that are
  5 18 initially placed into service before July 1, 2009.  The bill
  5 19 permits an owner applying for a determination as to whether a
  5 20 facility is qualified to provide an executed interconnection
  5 21 agreement or transmissions service agreement instead of an
  5 22 executed power purchase agreement or other agreement.  The
  5 23 bill provides that if a qualified facility is not operational
  5 24 within 18 months, that the facility shall be granted an
  5 25 additional 12 months to become operational if the delay is due
  5 26 to the unavailability of necessary equipment.
  5 27    The bill extends the eligibility of renewable energy
  5 28 facilities for the renewable energy tax credit by one year to
  5 29 include those facilities that are initially placed into
  5 30 service before January 1, 2012.  The bill extends the time by
  5 31 which an eligible renewable energy facility must be
  5 32 operational after approval of eligibility is granted from 18
  5 33 months to 30 months.
  5 34    The bill provides that an eligible renewable energy
  5 35 facility includes a refuse conversion facility as defined by
  6  1 the bill.  The bill provides that "heat for a commercial
  6  2 purpose" includes heat from refuse derived fuel and may be for
  6  3 use by an institution.
  6  4    The bill provides that the board may place an application
  6  5 for a determination of whether a facility is an eligible
  6  6 renewable energy facility on a waiting list if the facility
  6  7 may have been found eligible but for the maximum capacity
  6  8 requirements.  The bill requires owners of facilities on the
  6  9 waiting list to provide the board an annual verification of
  6 10 the content of the application for eligibility.  The bill
  6 11 prohibits a person with an equity interest of 51 percent or
  6 12 more in an eligible facility from owning more than 10 percent
  6 13 in another eligible facility.
  6 14    The bill allows additional tax credits for the production
  6 15 of wind energy by increasing the maximum amount of nameplate
  6 16 generating capacity that the board may find eligible for a
  6 17 renewable energy tax credit from 90 megawatts to 180
  6 18 megawatts.  The bill similarly increases the maximum
  6 19 eligibility for other nonwind renewable energy facilities from
  6 20 10 megawatts to 20 megawatts of nameplate generating capacity
  6 21 and provides for a maximum amount of 167 billion British
  6 22 thermal units of heat for a commercial purpose to be found
  6 23 eligible by the board.  The bill provides that 55 billion
  6 24 British thermal units shall be reserved for a refuse
  6 25 conversion facility for processed, engineered fuel from a
  6 26 multi=county solid waste management planning area.  The board
  6 27 shall not find eligible more than 55 billion British thermal
  6 28 units for a single refuse conversion facility.
  6 29    The bill extends the tax credit certificate issuance period
  6 30 by one year to allow tax credits issued for facilities placed
  6 31 into service before January 1, 2012, to have the same 10=year
  6 32 period of eligibility to produce and sell renewable energy for
  6 33 a renewable energy tax credit certificate as facilities are
  6 34 allowed under current law.
  6 35    The bill provides that the waiting list described in the
  7  1 bill is the same waiting list maintained by the board for
  7  2 applications received prior to the effective date of the bill.
  7  3    The bill requires the board to conduct a study on the
  7  4 transmission of electricity in this state.
  7  5 LSB 5725SZ 81
  7  6 kk:rj/gg/14