Senate File 2077 - Introduced



                                       SENATE FILE       
                                       BY  RAGAN


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

                                      A BILL FOR

  1 An Act relating to renewable energy, providing for state bank
  2    acquisition of equity interests in renewable energy production
  3    facilities, and providing for qualification for specified
  4    production tax credits by state banks and by owners or
  5    manufacturing facilities generating renewable energy for
  6    on=site consumption rather than sale, and providing effective
  7    and applicability dates.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 TLSB 5589SS 82
 10 rn/rj/24

PAG LIN



  1  1    Section 1.  Section 524.802, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  13A.  Provide customer financing for
  1  4 renewable energy production facilities eligible for production
  1  5 tax credits pursuant to chapters 476B and 476C in a manner
  1  6 that maximizes the availability of production tax credits to
  1  7 the state bank, including structuring such financing as a
  1  8 membership investment whereby the state bank as equity
  1  9 investor may take a majority financial position, but not a
  1 10 management position, in each such facility, subject to the
  1 11 following:
  1 12    a.  Prior to providing financing, a creditworthiness review
  1 13 shall be conducted pursuant to the state bank's standard loan
  1 14 underwriting criteria.
  1 15    b.  The state bank shall not participate in the operation
  1 16 of the facility, the production of renewable energy, or the
  1 17 sale of renewable energy if such sale is contemplated by the
  1 18 customer.
  1 19    c.  If the facility does not perform as projected in the
  1 20 equity investment agreement, the state bank may either sell
  1 21 its interest in the facility or pursue liquidation.
  1 22    d.  The state bank shall not share in any appreciation in
  1 23 value of its interest in the facility or in any of the
  1 24 customer's real or personal assets.
  1 25    e.  At the end of any applicable holding period, the state
  1 26 bank shall sell at book value its ownership interest in the
  1 27 facility.
  1 28    Sec. 2.  Section 476B.1, subsection 4, paragraph c, Code
  1 29 2007, is amended to read as follows:
  1 30    c.  Was originally placed in service on or after July 1,
  1 31 2005, but before July 1, 2009 2012.
  1 32    Sec. 3.  Section 476B.2, Code 2007, is amended to read as
  1 33 follows:
  1 34    476B.2  GENERAL RULE.
  1 35    The owner of a qualified facility shall, for each
  2  1 kilowatt=hour of qualified electricity that the owner sells or
  2  2 uses for on=site consumption during the ten=year period
  2  3 beginning on the date the qualified facility was originally
  2  4 placed in service, be allowed a wind energy production tax
  2  5 credit to the extent provided in this chapter against the tax
  2  6 imposed in chapter 422, divisions II, III, and V, and chapter
  2  7 432.
  2  8    Sec. 4.  Section 476B.3, Code 2007, is amended to read as
  2  9 follows:
  2 10    476B.3  CREDIT AMOUNT.
  2 11    The wind energy production tax credit allowed under this
  2 12 chapter equals the product of one cent multiplied by the
  2 13 number of kilowatt=hours of qualified electricity sold or used
  2 14 for on=site consumption by the owner during the taxable year.
  2 15    Sec. 5.  Section 476B.5, subsection 1, paragraph e, Code
  2 16 2007, is amended to read as follows:
  2 17    e.  A Except when electricity is used for on=site
  2 18 consumption, a copy of an executed power purchase agreement or
  2 19 other agreement to purchase electricity upon completion of the
  2 20 project.  An executed interconnection agreement or
  2 21 transmission service agreement shall be accepted by the board
  2 22 under this paragraph if the owner of the facility has agreed
  2 23 to sell electricity from the facility directly or indirectly
  2 24 to a wholesale power pool market.
  2 25    Sec. 6.  Section 476B.5, subsection 4, Code 2007, is
  2 26 amended to read as follows:
  2 27    4.  The maximum amount of nameplate generating capacity of
  2 28 all qualified facilities the board may find eligible under
  2 29 this chapter shall not exceed four two hundred fifty megawatts
  2 30 of nameplate generating capacity.
  2 31    Sec. 7.  Section 476B.6, subsection 2, Code 2007, is
  2 32 amended by adding the following new paragraph:
  2 33    NEW PARAGRAPH.  f.  For a facility in which electricity is
  2 34 used for on=site consumption, the requirements of paragraphs
  2 35 "c" and "d" shall not be applicable.
  3  1    Sec. 8.  Section 476B.6, subsection 3, Code 2007, is
  3  2 amended to read as follows:
  3  3    3.  The board shall notify the department of the amount of
  3  4 kilowatt=hours generated and or purchased from a qualified
  3  5 facility.  The department shall calculate the amount of the
  3  6 tax credit for which the applicant is eligible and shall issue
  3  7 the tax credit certificate for that amount or notify the
  3  8 applicant in writing of its refusal to do so.  An applicant
  3  9 whose application is denied may file an appeal with the
  3 10 department within sixty days from the date of the denial
  3 11 pursuant to the provisions of chapter 17A.
  3 12    Sec. 9.  Section 476B.7, unnumbered paragraph 2, Code 2007,
  3 13 is amended to read as follows:
  3 14    The tax credit shall only be transferred once be freely
  3 15 transferable.  The transferee may use the amount of the tax
  3 16 credit transferred against the taxes imposed under chapter
  3 17 422, divisions II, III, and V, and chapter 432 for any tax
  3 18 year the original transferor could have claimed the tax
  3 19 credit.  Any consideration received for the transfer of the
  3 20 tax credit shall not be included as income under chapter 422,
  3 21 divisions II, III, and V.  Any consideration paid for the
  3 22 transfer of the tax credit shall not be deducted from income
  3 23 under chapter 422, divisions II, III, and V.
  3 24    Sec. 10.  Section 476C.1, subsection 6, paragraph b, Code
  3 25 2007, is amended by adding the following new subparagraphs:
  3 26    NEW SUBPARAGRAPH.  (8)  A state bank as defined in section
  3 27 524.103.
  3 28    NEW SUBPARAGRAPH.  (9)  A manufacturing facility located in
  3 29 this state producing renewable energy solely for its own use.
  3 30    Sec. 11.  Section 476C.1, subsection 6, paragraph d, Code
  3 31 2007, is amended to read as follows:
  3 32    d.  Was initially placed into service on or after July 1,
  3 33 2005, and before January 1, 2012 2014.
  3 34    Sec. 12.  Section 476C.2, subsection 1, Code 2007, is
  3 35 amended to read as follows:
  4  1    1.  A producer or purchaser of renewable energy may receive
  4  2 renewable energy tax credits under this chapter in an amount
  4  3 equal to one and one=half two cents per kilowatt=hour of
  4  4 electricity, or four dollars and fifty cents per million
  4  5 British thermal units of heat for a commercial purpose, or
  4  6 four dollars and fifty cents per million British thermal units
  4  7 of methane gas or other biogas used to generate electricity,
  4  8 or one dollar and forty=four cents per one thousand standard
  4  9 cubic feet of hydrogen fuel generated by and or purchased from
  4 10 an eligible renewable energy facility.
  4 11    Sec. 13.  Section 476C.3, subsection 1, paragraph e, Code
  4 12 2007, is amended to read as follows:
  4 13    e.  A Except when renewable energy is used solely for
  4 14 on=site consumption, a copy of the power purchase agreement or
  4 15 other agreement to purchase electricity, hydrogen fuel,
  4 16 methane or other biogas, or heat for a commercial purpose
  4 17 which shall designate either the producer or purchaser of
  4 18 renewable energy as eligible to apply for the renewable energy
  4 19 tax credit.
  4 20    Sec. 14.  Section 476C.3, subsections 4 and 6, Code 2007,
  4 21 are amended to read as follows:
  4 22    4.  The maximum amount of nameplate generating capacity of
  4 23 all wind energy conversion facilities the board may find
  4 24 eligible under this chapter shall not exceed one hundred
  4 25 eighty three hundred sixty megawatts of nameplate generating
  4 26 capacity.  The maximum amount of energy production capacity
  4 27 equivalent of all other facilities the board may find eligible
  4 28 under this chapter shall not exceed a combined output of
  4 29 twenty megawatts of nameplate generating capacity and one
  4 30 hundred sixty=seven billion British thermal units of heat for
  4 31 a commercial purpose.  Of the maximum amount of energy
  4 32 production capacity equivalent of all other facilities found
  4 33 eligible under this chapter, fifty=five billion British
  4 34 thermal units of heat for a commercial purpose shall be
  4 35 reserved for an eligible facility that is a refuse conversion
  5  1 facility for processed, engineered fuel from a multicounty
  5  2 solid waste management planning area.  The maximum amount of
  5  3 energy production capacity the board may find eligible for a
  5  4 single refuse conversion facility is fifty=five billion
  5  5 British thermal units of heat for a commercial purpose.
  5  6    6.  An owner meeting the requirements of section 476C.1,
  5  7 subsection 6, paragraph "b", shall not be an owner of more
  5  8 than two eligible renewable energy facilities.  A person that
  5  9 has an equity interest equal to or greater than fifty=one
  5 10 percent in an eligible renewable energy facility shall not
  5 11 have an equity interest greater than ten percent in any other
  5 12 eligible renewable energy facility.  This subsection shall not
  5 13 be applicable to a state bank structuring the financing for
  5 14 such facilities as membership investments with the state bank
  5 15 as an equity investor pursuant to section 524.802, subsection
  5 16 13A, or to a manufacturing facility producing renewable energy
  5 17 solely for its own use.
  5 18    Sec. 15.  Section 476C.4, subsection 1, Code 2007, is
  5 19 amended by adding the following new paragraph:
  5 20    NEW PARAGRAPH.  f.  For a facility in which renewable
  5 21 energy is used for on=site consumption, the requirements of
  5 22 paragraphs "c" and "d" shall not be applicable.
  5 23    Sec. 16.  Section 476C.4, subsection 2, Code 2007, is
  5 24 amended to read as follows:
  5 25    2.  The board shall notify the department of the amount of
  5 26 kilowatt=hours, British thermal units of heat for a commercial
  5 27 purpose, British thermal units of methane gas or other biogas
  5 28 used to generate electricity, or standard cubic feet of
  5 29 hydrogen fuel generated and or purchased from an eligible
  5 30 renewable energy facility.  The department shall calculate the
  5 31 amount of the tax credit for which the applicant is eligible
  5 32 and shall issue the tax credit certificate for that amount or
  5 33 notify the applicant in writing of its refusal to do so.  An
  5 34 applicant whose application is denied may file an appeal with
  5 35 the department within sixty days from the date of the denial
  6  1 pursuant to the provisions of chapter 17A.
  6  2    Sec. 17.  Section 476C.6, subsection 1, unnumbered
  6  3 paragraph 1, Code 2007, is amended to read as follows:
  6  4    Renewable energy tax credit certificates issued under this
  6  5 chapter may be transferred to any person.  A tax credit
  6  6 certificate shall only be transferred once be freely
  6  7 transferable.  However, for purposes of this transfer
  6  8 provision, a A decision between a producer and purchaser of
  6  9 renewable energy regarding who claims the tax credit issued
  6 10 pursuant to this chapter shall not be considered a transfer
  6 11 and must be set forth in the application for the tax credit
  6 12 pursuant to section 476C.4.  Within thirty days of transfer,
  6 13 the transferee must submit the transferred tax credit
  6 14 certificate to the department along with a statement
  6 15 containing the transferee's name, tax identification number,
  6 16 and address, and the denomination that each new certificate is
  6 17 to carry and any other information required by the department.
  6 18 Within thirty days of receiving the transferred tax credit
  6 19 certificate and the transferee's statement, the department
  6 20 shall issue one or more replacement tax credit certificates to
  6 21 the transferee.  Each replacement tax credit certificate must
  6 22 contain the information required under section 476C.4,
  6 23 subsection 3, and must have the same effective taxable year
  6 24 and the same expiration date that appeared in the transferred
  6 25 tax credit certificate.  Tax credit certificate amounts of
  6 26 less than the minimum amount established by rule shall not be
  6 27 transferable.  A tax credit shall not be claimed by a
  6 28 transferee under this chapter until a replacement tax credit
  6 29 certificate identifying the transferee as the proper holder
  6 30 has been issued.  The replacement tax credit certificate may
  6 31 reflect a different type of tax than the type of tax noted on
  6 32 the original tax credit certificate.
  6 33    Sec. 18.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  6 34 being deemed of immediate importance, takes effect upon
  6 35 enactment and is retroactively applicable to taxable years
  7  1 beginning on or after January 1, 2008, for tax credits issued
  7  2 pursuant to this Act.
  7  3                           EXPLANATION
  7  4    This bill provides for acquisition of equity interests in
  7  5 renewable energy production facilities by state banks
  7  6 financing such facilities for customers, and relates to
  7  7 qualification for specified renewable energy tax credits.
  7  8    The bill specifies procedures and requirements applicable
  7  9 to a state bank structuring the financing of renewable energy
  7 10 production facilities as a membership investment with the
  7 11 state bank as an equity investor acquiring ownership in the
  7 12 facility.
  7 13    The bill modifies provisions applicable to qualification
  7 14 for the wind energy production tax credit pursuant to Code
  7 15 chapter 476B consistent with state bank ownership, and
  7 16 provides that projects can qualify for the tax credit whether
  7 17 the electricity is sold, as is currently the case, or utilized
  7 18 for on=site consumption.  The time period during which
  7 19 projects placed in service may qualify for tax credits is
  7 20 extended from July 1, 2009, to July 1, 2012, and the maximum
  7 21 amount of nameplate generating capacity eligible for a credit
  7 22 is changed from 450 megawatts to 250 megawatts.
  7 23    The bill also modifies provisions applicable to
  7 24 qualification for the renewable energy tax credit pursuant to
  7 25 Code chapter 476C consistent with state bank ownership, and
  7 26 ownership by a manufacturing facility located in this state
  7 27 producing renewable energy solely for its own use.  The time
  7 28 period during which projects placed in service may qualify for
  7 29 tax credits is extended from January 1, 2012, to January 1,
  7 30 2014.  The amount of renewable energy tax credit is adjusted
  7 31 in the bill from 1.5 cents per kilowatt=hour of electricity to
  7 32 2 cents per kilowatt=hour, and the maximum amount of nameplate
  7 33 generating capacity of all wind energy conversion facilities
  7 34 eligible is changed from 180 to 360 megawatts of capacity.
  7 35 The bill also exempts state banks and manufacturing facilities
  8  1 using energy for on=site consumption from restrictions
  8  2 regarding the number of facilities which may be owned, and a
  8  3 current restriction on transferability of credit certificates
  8  4 on a one=time basis is changed to an unlimited number of
  8  5 transfers.
  8  6    The bill takes effect upon enactment and applies
  8  7 retroactively to taxable years beginning on or after January
  8  8 1, 2008, with respect to tax credits issued pursuant to the
  8  9 bill.
  8 10 LSB 5589SS 82
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