House File 2289 - Introduced



                                       HOUSE FILE       
                                       BY  REICHERT and KRESSIG


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

                                      A BILL FOR

  1 An Act providing for a property tax credit for buildings meeting
  2    certification requirements for designation as a green
  3    building, making an appropriation, and including an effective
  4    and applicability date provision.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5783HH 82
  7 rn/rj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  425B.1  GREEN BUILDING PROPERTY
  1  2 TAX CREDIT FUND.
  1  3    There is created as a permanent fund in the office of the
  1  4 treasurer of state a fund to be known as the green building
  1  5 property tax credit fund.  For the purposes of establishing
  1  6 and maintaining this fund, for each fiscal year there is
  1  7 appropriated from the general fund of the state and deposited
  1  8 into the green building property tax credit fund an amount
  1  9 sufficienct to implement this chapter.
  1 10    Sec. 2.  NEW SECTION.  425B.2  DEFINITIONS.
  1 11    As used in this chapter, unless the context otherwise
  1 12 requires:
  1 13    1.  "Department" means the department of public safety.
  1 14    2.  "Energy star designation" means qualification pursuant
  1 15 to a joint program of the United States environmental
  1 16 protection agency and the United States department of energy
  1 17 certifying appliances and homes which meet specified energy
  1 18 efficiency guidelines.
  1 19    3.  "Green building" means a building used for residential,
  1 20 commercial, or industrial purposes which, either through
  1 21 renovation or new construction, meets the LEED silver rating
  1 22 standard of the United States green building council, the
  1 23 energy star designation, a high energy efficiency score based
  1 24 upon the HERS index, or one or more other standards or
  1 25 designations as established by the department by rule.
  1 26    4.  "HERS index" means a home energy rating system score
  1 27 established by the residential energy services network in
  1 28 which a home is compared to the energy specifications of a
  1 29 reference home and assigned an energy efficiency score.
  1 30    5.  "LEED silver rating standard" means the United States
  1 31 green building council leadership in energy and environmental
  1 32 design rating standard for green buildings, referred to as the
  1 33 silver standard.
  1 34    6.  "Property owner" or "owner" means the owner or owners
  1 35 of property, as shown by the transfer books in the office of
  2  1 the county auditor of the county in which the property is
  2  2 located.
  2  3    Sec. 3.  NEW SECTION.  425B.3  WHERE CREDIT GIVEN ==
  2  4 APPORTIONMENT == PAYMENT.
  2  5    1.  The green building property tax credit fund shall be
  2  6 apportioned each year so as to give a credit against the tax
  2  7 levied on ten percent of the assessed valuation of
  2  8 residential, commercial, or industrial green building
  2  9 property.
  2 10    2.  The director of the department of administrative
  2 11 services shall issue warrants on the green building property
  2 12 tax credit fund payable under this chapter to the county
  2 13 treasurer of the several counties of the state.  The amount
  2 14 due each county shall be paid in two payments on November 15
  2 15 and March 15 of each fiscal year, drawn upon warrants payable
  2 16 to the respective county treasurers.  The two payments shall
  2 17 be as nearly equal as possible.
  2 18    3.  The amount of credits shall be apportioned by each
  2 19 county treasurer to the several taxing districts as provided
  2 20 by law, in the same manner as though the amount of the credit
  2 21 had been paid by the owner.  However, the several taxing
  2 22 districts shall not draw the funds so credited until after the
  2 23 semiannual allocations have been received by the county
  2 24 treasurer, as provided in this chapter.  Each county treasurer
  2 25 shall show on each tax receipt the amount received from the
  2 26 green building property tax credit fund.
  2 27    4.  The green building property tax credit allowed in this
  2 28 chapter shall not exceed the actual amount of taxes payable on
  2 29 a green building, exclusive of any special assessments levied
  2 30 against the building.
  2 31    Sec. 4.  NEW SECTION.  425B.4  CLAIM FOR CREDIT.
  2 32    1.  A claim for credit shall be made on claim forms
  2 33 prescribed by the department of revenue and made available by
  2 34 the county assessor of the county in which the green building
  2 35 is located.  In addition to the completed claim form, the
  3  1 owner shall supply a legible copy of a green building property
  3  2 tax credit eligibility certificate obtained from the
  3  3 department of public safety.  The claim shall be filed not
  3  4 later than July 1 of the year for which the owner is claiming
  3  5 the credit.  A claim filed after July 1 of the year for which
  3  6 the person is claiming the credit shall be considered as a
  3  7 claim filed for the following year.
  3  8    2.  Upon the filing and allowance of the claim, the claim
  3  9 shall be allowed on the green building for a ten=year period,
  3 10 and shall remain allowed for successive years within the
  3 11 ten=year period without further filing as long as the building
  3 12 continues to be legally or equitably owned by the owner.  If
  3 13 the building is sold, the credit for the period after the sale
  3 14 which would have been allowable under this chapter to the
  3 15 prior owner had the building not been sold shall be allowable
  3 16 to the new owner.  A tax credit for the year of sale shall be
  3 17 allocated between the parties on the basis of the number of
  3 18 days during such year that the building was owned by each.
  3 19    Sec. 5.  NEW SECTION.  425B.5  GREEN BUILDING ELIGIBILITY
  3 20 CERTIFICATE.
  3 21    1.  Prior to submitting a claim for a green building
  3 22 property tax credit, an owner shall obtain from an architect
  3 23 or professional engineer licensed to practice in this state, a
  3 24 local building department inspector, or a local contractor,
  3 25 certified in green building construction methodologies
  3 26 identified by the department pursuant to section 425B.2,
  3 27 subsection 3, a completed green building eligibility
  3 28 certificate.
  3 29    2.  The eligibility certificate shall consist of a
  3 30 certificate, under seal, that the building with respect to
  3 31 which the credit is claimed is a green building.  The
  3 32 eligibility certification shall be made in accordance with the
  3 33 standards and guidelines in effect at the time the property
  3 34 which is the basis for the credit was renovated or newly
  3 35 constructed in a form and in a manner as prescribed by the
  4  1 department by rule, and shall set forth the specific findings
  4  2 upon which the certification was based.
  4  3    3.  The eligibility certificate shall include sufficient
  4  4 information to identify the building subject to the
  4  5 certificate, and such other information as the department
  4  6 shall require.  The owner shall file a copy of each
  4  7 eligibility certificate obtained with the department.
  4  8    Sec. 6.  NEW SECTION.  425B.6  COMPUTATION BY AUDITOR.
  4  9    1.  The credit, if allowed, shall be computed by the county
  4 10 auditor on or before August 1 each year for the ten=year
  4 11 period for which a green building shall be eligible in an
  4 12 amount equal to the tax levied on ten percent of the
  4 13 property's assessed valuation.  On or before August 1, the
  4 14 auditor shall certify the total amount of the credits to the
  4 15 department of revenue.
  4 16    2.  A person whose claim for a green building property tax
  4 17 credit is denied may file an appeal with the department within
  4 18 sixty days from the date of denial pursuant to the provisions
  4 19 of chapter 17A.
  4 20    Sec. 7.  NEW SECTION.  425B.7  RULES.
  4 21    1.  The department of public safety, with assistance from
  4 22 the department of natural resources, shall adopt rules
  4 23 adopting standards for a building to qualify as a green
  4 24 building.  The department of public safety and the department
  4 25 of revenue shall adopt additional rules necessary to
  4 26 administer this chapter.
  4 27    Sec. 8.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  4 28 being deemed of immediate importance, takes effect upon
  4 29 enactment and applies to property taxes due and payable in
  4 30 fiscal years beginning on or after July 1, 2008.
  4 31                           EXPLANATION
  4 32    This bill provides a property tax credit for green
  4 33 buildings.  The bill creates an annual green building property
  4 34 tax credit fund, and provides for a standing unlimited annual
  4 35 appropriation from the general fund of the state to the green
  5  1 building property tax credit fund in an amount sufficient to
  5  2 pay the green building property tax credits.
  5  3    The credit shall consist of an amount computed against the
  5  4 assessed valuation of residential, commercial, or industrial
  5  5 property equal to 10 percent of the assessed value, and shall
  5  6 continue for a 10=year period.  The bill specifies procedures
  5  7 regarding transferring the credit to a successor owner,
  5  8 claiming the credit, obtaining a green building eligibility
  5  9 certificate from the department of public safety, submitting a
  5 10 certificate completed by a professional certified in green
  5 11 building construction with the claim to the department of
  5 12 revenue, and filing a copy with the department of public
  5 13 safety.
  5 14    The bill provides that the department of public safety,
  5 15 with assistance from the department of natural resources,
  5 16 adopt rules adopting standards for a building to qualify as a
  5 17 green building.  The bill further provides that the department
  5 18 of revenue shall adopt additional rules necessary to
  5 19 administer the bill's provisions.
  5 20    The bill takes effect upon enactment and applies to
  5 21 property taxes due and payable in fiscal years beginning on or
  5 22 after July 1, 2008.
  5 23 LSB 5783HH 82
  5 24 rn/rj/5.1