Senate File 2223 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON NATURAL
                                           RESOURCES AND
                                           ENVIRONMENT

                                       (SUCCESSOR TO SF 2077)


    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 wind energy production
  3    facilities, and providing for qualification for specified tax
  4    credits and refunds by state banks and by owners or
  5    manufacturing facilities generating wind energy for on=site
  6    consumption rather than sale, and providing effective and
  7    applicability dates.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 TLSB 5589SV 82
 10 rn/rj/24

PAG LIN



  1  1                           DIVISION I
  1  2                   BANK WIND ENERGY INVESTMENT
  1  3    Section 1.  Section 524.802, Code 2007, is amended by
  1  4 adding the following new subsection:
  1  5    NEW SUBSECTION.  13A.  Provide customer financing for wind
  1  6 energy production facilities eligible for production tax
  1  7 credits pursuant to chapter 476B in a manner that maximizes
  1  8 the availability of production tax credits to the state bank,
  1  9 including structuring such financing as a membership
  1 10 investment whereby the state bank as equity investor may take
  1 11 a majority financial position, but not a management position,
  1 12 in each such facility, subject to the following:
  1 13    a.  Prior to providing financing, a creditworthiness review
  1 14 shall be conducted pursuant to the state bank's standard loan
  1 15 underwriting criteria.
  1 16    b.  The state bank shall not participate in the operation
  1 17 of the facility, the production of wind energy, or the sale of
  1 18 wind energy if such sale is contemplated by the 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                           DIVISION II
  1 29         WIND ENERGY PRODUCTION TAX CREDITS AND REFUNDS
  1 30    Sec. 2.  Section 423.4, subsection 4, Code Supplement 2007,
  1 31 is amended to read as follows:
  1 32    4.  A person in possession of a wind energy production tax
  1 33 credit certificate pursuant to chapter 476B or a renewable
  1 34 energy tax credit certificate issued pursuant to chapter 476C
  1 35 may apply to the director for refund of the amount of sales or
  2  1 use tax imposed and paid upon purchases made by the applicant.
  2  2    a.  The refunds may be obtained only in the following
  2  3 manner and under the following conditions:
  2  4    (1)  On forms furnished by the department and filed by
  2  5 January 31 after the end of the calendar year in which the tax
  2  6 credit certificate is to be applied, the applicant shall
  2  7 report to the department the total amount of sales and use tax
  2  8 paid during the reporting period on purchases made by the
  2  9 applicant.
  2 10    (2)  The applicant shall separately list the amounts of
  2 11 sales and use tax paid during the reporting period.
  2 12    (3)  If required by the department, the applicant shall
  2 13 prove that the person making the sales has included the amount
  2 14 thereof in the computation of the sales price of such person
  2 15 and that such person has paid the tax levied by this
  2 16 subchapter or subchapter III, based upon such computation of
  2 17 the sales price.
  2 18    (4)  The applicant shall provide the tax credit
  2 19 certificates issued pursuant to chapter 476B or 476C to the
  2 20 department with the forms required by this paragraph "a".
  2 21    b.  If satisfied that the foregoing conditions and
  2 22 requirements have been complied with, the director shall
  2 23 refund the amount claimed by the applicant for an amount not
  2 24 greater than the amount of tax credits issued in tax credit
  2 25 certificates pursuant to chapter 476B or 476C.
  2 26    Sec. 3.  Section 437A.17B, Code 2007, is amended to read as
  2 27 follows:
  2 28    437A.17B  REIMBURSEMENT FOR RENEWABLE ENERGY.
  2 29    A person in possession of a wind energy tax credit
  2 30 certificate issued pursuant to chapter 476B or a renewable
  2 31 energy tax credit certificate issued pursuant to chapter 476C
  2 32 may apply to the director for a reimbursement of the amount of
  2 33 taxes imposed and paid by the person pursuant to this chapter
  2 34 in an amount not more than the person received in wind energy
  2 35 tax credit certificates pursuant to chapter 476B or renewable
  3  1 energy tax credit certificates pursuant to chapter 476C.  To
  3  2 obtain the reimbursement, the person shall attach to the
  3  3 return required under section 437A.8 the wind energy tax
  3  4 credit certificates issued to the person pursuant to chapter
  3  5 476B, or the renewable energy tax credit certificates issued
  3  6 to the person pursuant to chapter 476C, and provide any other
  3  7 information the director may require.  The director shall
  3  8 direct a warrant to be issued to the person for an amount
  3  9 equal to the tax imposed and paid by the person pursuant to
  3 10 this chapter but for not more than the amount of the wind
  3 11 energy tax credit certificates or renewable energy tax credit
  3 12 certificates attached to the return.
  3 13    Sec. 4.  Section 476B.1, subsection 4, paragraph c, Code
  3 14 2007, is amended to read as follows:
  3 15    c.  Was originally placed in service on or after July 1,
  3 16 2005, but before July 1, 2009 2012.
  3 17    Sec. 5.  Section 476B.1, subsection 4, Code 2007, is
  3 18 amended by adding the following new paragraph:
  3 19    NEW PARAGRAPH.  d.  Consists of one or more wind turbines
  3 20 connected to a common gathering line which have a combined
  3 21 nameplate capacity of less than thirty=five megawatts.
  3 22    Sec. 6.  Section 476B.2, Code 2007, is amended to read as
  3 23 follows:
  3 24    476B.2  GENERAL RULE.
  3 25    The owner of a qualified facility shall, for each
  3 26 kilowatt=hour of qualified electricity that the owner sells or
  3 27 uses for on=site consumption during the ten=year period
  3 28 beginning on the date the qualified facility was originally
  3 29 placed in service, be allowed a wind energy production tax
  3 30 credit to the extent provided in this chapter against the tax
  3 31 imposed in chapter 422, divisions II, III, and V, and chapter
  3 32 432, and may claim a refund of tax imposed by chapter 423 or
  3 33 437A for any tax year within the time period set forth in
  3 34 section 423.47 or 437A.14.
  3 35    Sec. 7.  Section 476B.3, Code 2007, is amended to read as
  4  1 follows:
  4  2    476B.3  CREDIT AMOUNT.
  4  3    The wind energy production tax credit allowed under this
  4  4 chapter equals the product of one cent multiplied by the
  4  5 number of kilowatt=hours of qualified electricity sold or used
  4  6 for on=site consumption by the owner during the taxable year.
  4  7    Sec. 8.  Section 476B.5, subsection 1, paragraph e, Code
  4  8 2007, is amended to read as follows:
  4  9    e.  A Except when electricity is used for on=site
  4 10 consumption, a copy of an executed power purchase agreement or
  4 11 other agreement to purchase electricity upon completion of the
  4 12 project.  An executed interconnection agreement or
  4 13 transmission service agreement shall be accepted by the board
  4 14 under this paragraph if the owner of the facility has agreed
  4 15 to sell electricity from the facility directly or indirectly
  4 16 to a wholesale power pool market.
  4 17    Sec. 9.  Section 476B.6, subsection 2, Code 2007, is
  4 18 amended by adding the following new paragraph:
  4 19    NEW PARAGRAPH.  f.  For a facility in which electricity is
  4 20 used for on=site consumption, the requirements of paragraphs
  4 21 "c" and "d" shall not be applicable.
  4 22    Sec. 10.  Section 476B.6, subsection 3, Code 2007, is
  4 23 amended to read as follows:
  4 24    3.  The board shall notify the department of the amount of
  4 25 kilowatt=hours generated and purchased from a qualified
  4 26 facility or generated and used on=site by a qualified
  4 27 facility.  The department shall calculate the amount of the
  4 28 tax credit for which the applicant is eligible and shall issue
  4 29 the tax credit certificate for that amount or notify the
  4 30 applicant in writing of its refusal to do so.  An applicant
  4 31 whose application is denied may file an appeal with the
  4 32 department within sixty days from the date of the denial
  4 33 pursuant to the provisions of chapter 17A.
  4 34    Sec. 11.  Section 476B.6, subsection 5, paragraph d, Code
  4 35 2007, is amended to read as follows:
  5  1    d.  If the tax credit application is filed by a
  5  2 partnership, limited liability company, S corporation, estate,
  5  3 trust, or other reporting entity, all of whose income is taxed
  5  4 directly to its equity holders or beneficiaries for the taxes
  5  5 imposed under chapter 422, division V, or under chapter 423,
  5  6 432, or 437A, the tax credit certificate shall be issued
  5  7 directly to the partnership, limited liability company, S
  5  8 corporation, estate, trust, or other reporting entity.
  5  9    Sec. 12.  Section 476B.7, unnumbered paragraph 1, Code
  5 10 2007, is amended to read as follows:
  5 11    Wind energy production tax credit certificates issued under
  5 12 this chapter may be transferred to any person or entity.
  5 13 Within thirty days of transfer, the transferee must submit the
  5 14 transferred tax credit certificate to the department along
  5 15 with a statement containing the transferee's name, tax
  5 16 identification number, and address, and the denomination that
  5 17 each replacement tax credit certificate is to carry and any
  5 18 other information required by the department.  Within thirty
  5 19 days of receiving the transferred tax credit certificate and
  5 20 the transferee's statement, the department shall issue one or
  5 21 more replacement tax credit certificates to the transferee.
  5 22 Each replacement certificate must contain the information
  5 23 required under section 476B.6 and must have the same effective
  5 24 taxable year and the same expiration date that appeared in the
  5 25 transferred tax credit certificate.  Tax credit certificate
  5 26 amounts of less than the minimum amount established by rule of
  5 27 the board shall not be transferable.  A tax credit shall not
  5 28 be claimed by a transferee under this chapter until a
  5 29 replacement tax credit certificate identifying the transferee
  5 30 as the proper holder has been issued.  A replacement tax
  5 31 credit certificate may reflect a different type of tax than
  5 32 the type of tax noted on the original tax credit certificate.
  5 33    Sec. 13.  Section 476B.7, unnumbered paragraph 2, Code
  5 34 2007, is amended to read as follows:
  5 35    The tax credit shall only be transferred once be freely
  6  1 transferable.  The transferee may use the amount of the tax
  6  2 credit transferred against the taxes imposed under chapter
  6  3 422, divisions II, III, and V, and chapter 432 for any tax
  6  4 year the original transferor could have claimed the tax
  6  5 credit.  The transferee may claim a refund under chapter 423
  6  6 or 437A for any tax year within the time period set forth in
  6  7 section 423.47 or 437A.14 for which the original transferor
  6  8 could have claimed a refund.  Any consideration received for
  6  9 the transfer of the tax credit shall not be included as income
  6 10 under chapter 422, divisions II, III, and V.  Any
  6 11 consideration paid for the transfer of the tax credit shall
  6 12 not be deducted from income under chapter 422, divisions II,
  6 13 III, and V.
  6 14    Sec. 14.  Section 476B.8, Code 2007, is amended to read as
  6 15 follows:
  6 16    476B.8  USE OF TAX CREDIT CERTIFICATES.
  6 17    To claim a wind energy production tax credit under this
  6 18 chapter, a taxpayer must attach one or more tax credit
  6 19 certificates to the taxpayer's tax return, or if used against
  6 20 taxes imposed under chapter 423, the taxpayer shall comply
  6 21 with section 423.4, subsection 4, or if used against taxes
  6 22 imposed under chapter 437A, the taxpayer shall comply with
  6 23 section 437A.17B.  A tax credit certificate shall not be used
  6 24 or attached to a return filed for a taxable year beginning
  6 25 prior to July 1, 2006.  The tax credit certificate or
  6 26 certificates attached to the taxpayer's tax return shall be
  6 27 issued in the taxpayer's name, expire on or after the last day
  6 28 of the taxable year for which the taxpayer is claiming the tax
  6 29 credit, and show a tax credit amount equal to or greater than
  6 30 the tax credit claimed on the taxpayer's tax return.  Any tax
  6 31 credit in excess of the taxpayer's tax liability for the
  6 32 taxable year may be credited to the taxpayer's tax liability
  6 33 for the following seven taxable years or until depleted,
  6 34 whichever is the earlier.  If the tax credit is applied
  6 35 against the taxes imposed under chapter 423 or 437A, any
  7  1 credit in excess of the taxpayer's tax liability is carried
  7  2 over and can be filed with the refund claim for the following
  7  3 seven tax years or until depleted, whichever is earlier.
  7  4 However, the certificate shall not be used to reduce tax
  7  5 liability for a tax period ending after the expiration date of
  7  6 the certificate.
  7  7    Sec. 15.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  7  8 being deemed of immediate importance, takes effect upon
  7  9 enactment and is retroactively applicable to taxable years
  7 10 beginning on or after January 1, 2008, for tax credits issued
  7 11 pursuant to this Act.
  7 12                           EXPLANATION
  7 13    This bill provides for acquisition of equity interests in
  7 14 wind energy production facilities by state banks financing
  7 15 such facilities for customers, and relates to qualification
  7 16 for specified wind energy tax credits.
  7 17    The bill specifies procedures and requirements applicable
  7 18 to a state bank structuring the financing of wind energy
  7 19 production facilities as a membership investment with the
  7 20 state bank as an equity investor acquiring ownership in the
  7 21 facility.
  7 22    The bill modifies provisions applicable to qualification
  7 23 for the wind energy production tax credit pursuant to Code
  7 24 chapter 476B consistent with state bank ownership, adds that a
  7 25 person in possession of a wind energy tax credit certificate
  7 26 can qualify for a refund of sales or use taxes and of
  7 27 generation, transmission, or delivery taxes, and provides that
  7 28 projects can qualify for the tax credit whether the
  7 29 electricity is sold, as is currently the case, or utilized for
  7 30 on=site consumption.  The time period during which projects
  7 31 placed in service may qualify for tax credits is extended from
  7 32 July 1, 2009, to July 1, 2012.  The bill adds to the
  7 33 definition of a qualified wind energy production facility that
  7 34 the facility consists of one or more wind turbines connected
  7 35 to a common gathering line which have a combined nameplate
  8  1 generating capacity of less than 35 megawatts.
  8  2    The bill changes a current restriction on transferability
  8  3 of credit certificates on a one=time basis to an unlimited
  8  4 number of transfers, and provides that a replacement tax
  8  5 credit certificate may reflect a different type of tax than
  8  6 noted on the original certificate.
  8  7    The bill takes effect upon enactment and applies
  8  8 retroactively to taxable years beginning on or after January
  8  9 1, 2008, with respect to tax credits issued pursuant to the
  8 10 bill.
  8 11 LSB 5589SV 82
  8 12 rn/rj/24