House File 2502 - Introduced



                                       HOUSE FILE       
                                       BY  JACOBY


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

                                      A BILL FOR

  1 An Act providing for a residual biomass tax credit, and including
  2    effective and applicability dates.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5602HH 82
  5 da/rj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11V  RESIDUAL BIOMASS TAX
  1  2 CREDIT.
  1  3    1.  The taxes imposed under this division, less the credits
  1  4 allowed under section 422.12, shall be reduced by a residual
  1  5 biomass tax credit as allowed under section 469.41.
  1  6    2.  This section is repealed December 31, 2015.
  1  7    Sec. 2.  Section 422.33, Code Supplement 2007, is amended
  1  8 by adding the following new subsection:
  1  9    NEW SUBSECTION.  11D.  a.  The taxes imposed under this
  1 10 division shall be reduced by a residual biomass tax credit as
  1 11 allowed under section 469.41.
  1 12    b.  This subsection is repealed December 31, 2015.
  1 13    Sec. 3.  Section 469.31, Code Supplement 2007, is amended
  1 14 by adding the following new subsections:
  1 15    NEW SUBSECTION.  4A.  "Biofuel" means a combustible liquid
  1 16 or gas derived from a biomass that alone or in combination
  1 17 with other compounds is capable of fueling an engine or being
  1 18 burned to produce steam for industrial heating.  "Biofuel"
  1 19 includes but is not limited to ethanol or biodiesel as defined
  1 20 in section 214A.1.
  1 21    NEW SUBSECTION.  4B.  "Biofuel manufacturer" means a
  1 22 biobased materials industry organized as a business
  1 23 association in this state that produces biofuel.
  1 24    NEW SUBSECTION.  11.  "Residual cellulosic biomass" means
  1 25 that type of cellulosic biomass that does not have nutritional
  1 26 or caloric value when fed to agricultural animals, including
  1 27 but not limited to wheat and rice straw, corn stalks and cobs,
  1 28 seed husks and hulls, and manure.
  1 29    Sec. 4.  Section 469.31, subsection 7, Code Supplement
  1 30 2007, is amended to read as follows:
  1 31    7.  "Cellulosic biomass renewable fuel" biomass" means
  1 32 renewable fuel derived from a lignocellulosic or
  1 33 hemicellulosic lignocellulosic matter that contains any
  1 34 combination of lignin, cellulose, or hemicellulose that
  1 35 comprises at least sixty=five percent of the material and dry
  2  1 matter basis.  "Cellulosic biomass" includes matter that is
  2  2 deriving from nonfood or animal feed sources and available on
  2  3 a renewable or recurring basis, including dedicated energy
  2  4 crops and trees, wood and wood residues, plants, grasses,
  2  5 agricultural residues, fiber, animal wastes and other waste
  2  6 materials, refuse=derived fuel, and municipal solid waste.
  2  7    7A.  "Cellulosic biomass renewable fuel" means a renewable
  2  8 fuel derived from cellulosic biomass.
  2  9    Sec. 5.  NEW SECTION.  469.41  RESIDUAL BIOMASS TAX CREDIT.
  2 10    A residual biomass tax credit is allowed under this
  2 11 section.  The tax credit is allowed against the taxes imposed
  2 12 in chapter 422, division II, as provided in section 422.11V,
  2 13 and in chapter 422, division III, as provided in section
  2 14 422.33.
  2 15    1.  The purpose of the tax credit is to stimulate the
  2 16 increased use of residual cellulosic biomass as a feedstock in
  2 17 the manufacture of a biofuel or other forms of renewable
  2 18 energy.
  2 19    2.  The tax credit equals ten dollars for each ton of
  2 20 residual cellulosic biomass as measured on a dry matter basis.
  2 21 An assay will be performed by the purchaser of biomass to
  2 22 determine the usable content and unusable portions shall be
  2 23 discounted proportionately.  A taxpayer shall not claim a tax
  2 24 credit in excess of thirty=five thousand dollars in any tax
  2 25 year.
  2 26    3.  A taxpayer shall not claim a tax credit under this
  2 27 section, unless all of the following applies:
  2 28    a.  The taxpayer is qualified to provide for the storage,
  2 29 processing, and delivery of residual cellulosic biomass to a
  2 30 biofuel manufacturer.
  2 31    b.  The biofuel manufacturer is qualified to actively
  2 32 produce biofuel on a commercially viable scale.
  2 33    4.  A taxpayer's tax return shall include all of the
  2 34 following:
  2 35    a.  A tax credit certificate issued by the office attached
  3  1 to the taxpayer's tax return for the tax year for which the
  3  2 tax credit is claimed.
  3  3    (1)  The office must review and approve an application for
  3  4 a tax credit as provided by rules adopted by the office.  The
  3  5 office may approve the application and issue a certificate
  3  6 only if it determines that the taxpayer and the biofuel
  3  7 manufacturer are qualified for the tax credit.
  3  8    (2)  A tax credit certificate shall contain the taxpayer's
  3  9 name, address, and tax identification number, and any other
  3 10 information required by the office.  The tax credit
  3 11 certificate shall only list one type of tax to which the tax
  3 12 credit may be applied.  Once issued, the tax credit
  3 13 certificate shall not be terminated or rescinded.  The tax
  3 14 credit may only be claimed against the type of tax reflected
  3 15 on the certificate.
  3 16    b.  Receipts or assay reports provided by the biofuel
  3 17 manufacturer attached to the taxpayer's tax return as required
  3 18 by the office.
  3 19    5.  A tax credit in excess of the taxpayer's liability for
  3 20 the tax year may be credited to the tax liability for the
  3 21 following five years or until depleted, whichever is earlier.
  3 22 A tax credit shall not be carried back to a tax year prior to
  3 23 the tax year in which the taxpayer redeems the tax credit.  A
  3 24 tax credit shall not be transferable to any other person other
  3 25 than the taxpayer's estate or trust upon the taxpayer's death.
  3 26    6.  This section is repealed December 31, 2015.
  3 27    Sec. 6.  EFFECTIVE AND APPLICABILITY DATE.  This Act takes
  3 28 effect January 1, 2010, and applies to tax years beginning on
  3 29 or after that date.
  3 30                           EXPLANATION
  3 31    This bill provides a residual biomass tax credit allowed
  3 32 against income taxes for individuals under Code chapter 422,
  3 33 division II, and businesses under Code chapter 422, division
  3 34 III.  The purpose of the tax credit is to stimulate the
  3 35 increased use of residual cellulosic biomass as a feedstock in
  4  1 the manufacture of a biofuel (a combustible liquid or gas
  4  2 derived from a biomass that alone or in combination with other
  4  3 compounds is capable of fueling an engine or the production of
  4  4 steam for industrial heating).
  4  5    The amount of the tax credit is $10 for each ton of
  4  6 residual cellulosic biomass containing less than 65 percent
  4  7 lignin, cellulose, or hemicellulose that is to be purchased by
  4  8 a biofuel manufacturer.  The tax credit cannot exceed $35,000
  4  9 per tax year.
  4 10    The bill imposes certain conditions upon a taxpayer who
  4 11 must demonstrate that they are qualified to provide for the
  4 12 storage, processing, and delivery of residual cellulosic
  4 13 biomass to a biofuel manufacturer and upon a biofuel
  4 14 manufacturer who must be organized in this state and qualified
  4 15 to actively produce biofuel on a commercially viable scale.
  4 16    The bill provides that the taxpayer's tax return must
  4 17 include documentation including a tax credit certificate
  4 18 issued by the office of energy independence.  The office must
  4 19 review and approve an application for a tax credit certificate
  4 20 according to its rules, and the taxpayer may be required to
  4 21 submit additional information with its tax return.  The bill
  4 22 also provides for the issuance of a tax credit certificate,
  4 23 and for tax credit to be carried forward.
  4 24    This tax credit is eliminated on December 31, 2015.
  4 25    The bill takes effect January 1, 2010, and applies to tax
  4 26 years beginning on or after that date.
  4 27 LSB 5602HH 82
  4 28 da/rj/5