House File 814 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON WAYS AND MEANS

                                       (SUCCESSOR TO HF 747)
                                       (SUCCESSOR TO HSB 57)


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

                                      A BILL FOR

  1 An Act modifying provisions applicable to facilities qualifying
  2    for wind energy production and renewable energy tax credits
  3    and including effective and retroactive applicability
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1649HZ 83
  7 rn/mg/8

PAG LIN



  1  1    Section 1.  Section 476B.1, subsection 4, paragraph d, Code
  1  2 2009, is amended to read as follows:
  1  3    d.  (1)  For applications filed on or after March 1, 2008,
  1  4 consists of one or more wind turbines connected to a common
  1  5 gathering line which have a combined nameplate capacity of no
  1  6 less than two megawatts and no more than thirty megawatts.
  1  7    (2)  For applications filed on or after July 1, 2009, by a
  1  8 private college or university, community college, institution
  1  9 under the control of the state board of regents, public or
  1 10 accredited nonpublic elementary and secondary school, or
  1 11 public hospital as defined in section 249J.3, for the
  1 12 applicant's own use of qualified electricity, consists of wind
  1 13 turbines with a combined nameplate capacity of three=fourths
  1 14 of a megawatt or greater.
  1 15    Sec. 2.  Section 476B.4, Code 2009, is amended to read as
  1 16 follows:
  1 17    476B.4  LIMITATIONS LIMITATION.
  1 18    1.  The wind energy production tax credit shall not be
  1 19 allowed for any kilowatt=hour of electricity produced on wind
  1 20 energy conversion property for which the owner has claimed or
  1 21 otherwise received for that property the benefit of special
  1 22 valuation under section 427B.26 or section 441.21, subsection
  1 23 8, or the exemption from retail sales tax under section
  1 24 422.45, subsection 48, Code Supplement 2003, or section 423.3,
  1 25 subsection 54, as applicable.
  1 26    2.  The wind energy production tax credit shall not be
  1 27 allowed for any kilowatt=hour of electricity that is sold to a
  1 28 related person.  For purpose purposes of this subsection
  1 29 section, persons shall be treated as related to each other if
  1 30 such persons would be treated as a single employer under the
  1 31 regulations prescribed under section 52(b) of the Internal
  1 32 Revenue Code.  In the case of a corporation that is a member
  1 33 of an affiliated group of corporations filing a consolidated
  1 34 return, such corporation shall be treated as selling
  1 35 electricity to an unrelated person if such electricity is sold
  2  1 to such a person by another member of such group.
  2  2    Sec. 3.  Section 476B.5, subsection 4, Code 2009, is
  2  3 amended to read as follows:
  2  4    4.  The maximum amount of nameplate generating capacity of
  2  5 all qualified facilities the board may find eligible under
  2  6 this chapter shall not exceed four one hundred fifty megawatts
  2  7 of nameplate generating capacity.
  2  8    Sec. 4.  Section 476B.6, subsection 1, Code 2009, is
  2  9 amended to read as follows:
  2 10    1.  a.  If a city or a county in which a qualified facility
  2 11 is located has enacted an ordinance under section 427B.26 and
  2 12 an owner has filed for and received special valuation pursuant
  2 13 to that ordinance, the owner is not required to obtain
  2 14 approval from the city council or county board of supervisors
  2 15 to apply for the wind energy production tax credit pursuant to
  2 16 subsection 2.
  2 17    a.  b.  (1)  To be eligible to receive the wind energy
  2 18 production tax credit, If neither a city nor a county in which
  2 19 a qualified facility is located has enacted an ordinance under
  2 20 section 427B.26, or a qualified facility is not eligible for
  2 21 special valuation pursuant to an ordinance adopted by a city
  2 22 or a county under section 427B.26, the owner must first
  2 23 receive approval of the applicable city council or county
  2 24 board of supervisors of the city or county in which the
  2 25 qualified facility is located in order to be eligible to
  2 26 receive the wind energy production tax credit.  The
  2 27 application for approval may be submitted prior to
  2 28 commencement of the construction of the qualified facility but
  2 29 shall be submitted no later than the close of the owner's
  2 30 first taxable year for which the credit is to be applied for.
  2 31 The application must contain the owner's name and address, the
  2 32 address of the qualified facility, and the dates of the
  2 33 owner's first and last taxable years for which the credit will
  2 34 be applied for.  Within forty=five days of the receipt of the
  2 35 application for approval, the city council or county board of
  3  1 supervisors, as applicable, shall either approve or disapprove
  3  2 the application.  After the forty=five=day limit time period
  3  3 has expired, the application is deemed to be approved.
  3  4    b.  (2)  Upon approval of the an application submitted
  3  5 pursuant to subparagraph (1), the owner may apply for the tax
  3  6 credit as provided in subsection 2.  In addition, approval of
  3  7 the application submitted pursuant to subparagraph (1) is
  3  8 acceptance by the applicant for the assessment of the
  3  9 qualified facility for property tax purposes for a period of
  3 10 twelve years and approval by the city council or county board
  3 11 of supervisors, as applicable, for the payment of the property
  3 12 taxes levied on the qualified property to the state.  For
  3 13 purposes of property taxation, the qualified facility
  3 14 receiving approval of an application submitted pursuant to
  3 15 subparagraph (1) shall be centrally assessed and shall be
  3 16 exempt from any replacement tax under section 437A.6 for the
  3 17 period during which the facility is subject to property
  3 18 taxation.  The property taxes to be paid to the state are
  3 19 those property taxes which make up the consolidated tax levied
  3 20 on the qualified facility and which are due and payable in the
  3 21 twelve=year period beginning with the first fiscal year
  3 22 beginning on or after the end of the owner's first taxable
  3 23 year for which the credit is applied for.  Upon approval of
  3 24 the application, the city council or county board of
  3 25 supervisors, as applicable, shall notify the county treasurer
  3 26 to state designate on the tax statement which lists the taxes
  3 27 on the qualified facility that the amount of the property
  3 28 taxes shall to be paid to the department.  Payment of the
  3 29 designated property taxes to the department shall be in the
  3 30 same manner as required for the payment of regular property
  3 31 taxes and failure to pay designated property taxes to the
  3 32 department shall be treated the same as failure to pay
  3 33 property taxes to the county treasurer.
  3 34    c.  Once the owner of the qualified facility receives
  3 35 approval under paragraph "a" "b", subsequent approval under
  4  1 paragraph "a" "b" is not required for the same qualified
  4  2 facility for subsequent taxable years.
  4  3    Sec. 5.  Section 476C.3, subsection 3, Code 2009, is
  4  4 amended to read as follows:
  4  5    3.  A facility that is not operational within thirty months
  4  6 after issuance of an approval for the facility by the board
  4  7 shall cease to be an eligible renewable energy facility.
  4  8 However, a wind energy conversion facility that is approved as
  4  9 eligible under this section but is not operational within
  4 10 eighteen months due to the unavailability of necessary
  4 11 equipment shall be granted an additional twelve twenty=four
  4 12 months to become operational.  A facility that is granted and
  4 13 thereafter loses approval may reapply to the board for a new
  4 14 determination.
  4 15    Sec. 6.  Section 476C.3, subsection 4, Code 2009, is
  4 16 amended to read as follows:
  4 17    4.  The maximum amount of nameplate generating capacity of
  4 18 all wind energy conversion facilities the board may find
  4 19 eligible under this chapter shall not exceed one three hundred
  4 20 eighty thirty megawatts of nameplate generating capacity.  The
  4 21 maximum amount of energy production capacity equivalent of all
  4 22 other facilities the board may find eligible under this
  4 23 chapter shall not exceed a combined output of twenty megawatts
  4 24 of nameplate generating capacity and one hundred sixty=seven
  4 25 billion British thermal units of heat for a commercial
  4 26 purpose.  Of the maximum amount of energy production capacity
  4 27 equivalent of all other facilities found eligible under this
  4 28 chapter, fifty=five billion British thermal units of heat for
  4 29 a commercial purpose shall be reserved for an eligible
  4 30 facility that is a refuse conversion facility for processed,
  4 31 engineered fuel from a multicounty solid waste management
  4 32 planning area.  The maximum amount of energy production
  4 33 capacity the board may find eligible for a single refuse
  4 34 conversion facility is fifty=five billion British thermal
  4 35 units of heat for a commercial purpose.
  5  1    Sec. 7.  REFUNDS.  Refunds of taxes, interest, or penalties
  5  2 which may arise from claims resulting from the amendment of
  5  3 section 476B.4 in this Act, for the exemption of sales of wind
  5  4 energy conversion property as provided in section 423.3,
  5  5 subsection 54, occurring between January 1, 2008, and the
  5  6 effective date of this Act, shall be limited to one hundred
  5  7 thousand dollars in the aggregate and shall not be allowed
  5  8 unless refund claims are filed prior to October 1, 2009,
  5  9 notwithstanding any other provision of law.  If the amount of
  5 10 claims totals more than one hundred thousand dollars in the
  5 11 aggregate, the department of revenue shall prorate the one
  5 12 hundred thousand dollars among all claimants in relation to
  5 13 the amounts of the claimants' valid claims.  Claimants shall
  5 14 not be entitled to interest on any refunds.
  5 15    Sec. 8.  RENEWABLE ENERGY TAX CREDIT ELIGIBILITY STUDY.
  5 16 The utilities board of the utilities division of the
  5 17 department of commerce shall conduct a study to evaluate
  5 18 whether procedures applicable to eligible renewable energy
  5 19 facilities which have been approved for the renewable energy
  5 20 tax credit but are not yet operational pursuant to section
  5 21 476C.3, subsection 3, and eligible renewable energy facilities
  5 22 which have been placed on a waiting list for approval pursuant
  5 23 to section 476C.3, subsection 5, are in need of modification.
  5 24 The study shall include a survey of each facility which has
  5 25 been approved to determine the extent to which progress has
  5 26 been made toward achieving operational status.  The study
  5 27 shall also include a survey of each facility which has been
  5 28 determined eligible and is awaiting approval, to ascertain
  5 29 whether the facility continues to seek approval and is
  5 30 committed to becoming operational once approval is obtained.
  5 31 Based on the results of the surveys, the board shall submit
  5 32 recommendations to the general assembly by January 1, 2010,
  5 33 regarding whether statutory or procedural modifications are
  5 34 necessary to ensure that facilities are being effectively and
  5 35 efficiently maintained in an approved or eligible status.
  6  1    Sec. 9.  EFFECTIVE AND APPLICABILITY DATES.  The sections
  6  2 of this Act enacting section 476B.1, subsection 4, paragraph
  6  3 "d", subparagraph (1), and amending sections 476B.4 and
  6  4 476B.6, being deemed of immediate importance, take effect upon
  6  5 enactment and apply retroactively to January 1, 2008, for tax
  6  6 years beginning on or after that date.
  6  7                           EXPLANATION
  6  8    This bill modifies eligibility requirements applicable to
  6  9 the wind energy production tax credit established in Code
  6 10 chapter 476B and the renewable energy tax credit established
  6 11 in Code chapter 476C.
  6 12    With regard to the wind energy production tax credit, the
  6 13 bill provides for a maximum combined nameplate capacity
  6 14 restriction of no more than 30 megawatts for applicants for
  6 15 the credit.  The bill also adds to the definition of
  6 16 "qualified facility", for applications filed on or after July
  6 17 1, 2009, by a private college or university, community
  6 18 college, institution under the control of the state board of
  6 19 regents, a public or accredited nonpublic primary or secondary
  6 20 school, or public hospital as defined in Code section 249J.3,
  6 21 for the applicant's own use of qualified electricity a wind
  6 22 turbine with a combined nameplate capacity of three=fourths of
  6 23 a megawatt or greater.
  6 24    The bill deletes a provision which had prevented
  6 25 eligibility for the wind energy production tax credit for any
  6 26 kilowatt=hour of electricity produced on wind energy
  6 27 conversion property for which the owner had claimed or
  6 28 received specified special property tax valuation or sales tax
  6 29 exemptions, thus preserving credit availability for owners
  6 30 having received special valuation or having claimed the sales
  6 31 tax exemptions.  Because of the retroactivity of the
  6 32 elimination of the restriction of the receipt of the tax
  6 33 credit to those who have not received the sales tax exemption,
  6 34 a provision for refund of sales tax paid is included in the
  6 35 bill.  These provisions and the provision regarding a maximum
  7  1 combined nameplate capacity restriction take effect upon
  7  2 enactment and apply retroactively to January 1, 2008, for tax
  7  3 years beginning on or after that date.
  7  4    The bill changes a provision specifying the maximum amount
  7  5 of nameplate generating capacity of all qualifying facilities
  7  6 under Code chapter 476B, currently at 450 megawatts of
  7  7 nameplate generating capacity, to 150 megawatts.
  7  8    With regard to the renewable energy tax credit, the bill
  7  9 provides for an extension of time for a wind energy conversion
  7 10 facility to become operational following issuance of an
  7 11 approval from the current period of 12 additional months to 24
  7 12 additional months.
  7 13    The bill changes a provision specifying the maximum amount
  7 14 of nameplate generating capacity for all eligible wind energy
  7 15 conversion facilities under Code chapter 476C, currently at
  7 16 180 megawatts of nameplate generating capacity, to 330
  7 17 megawatts.
  7 18    Additionally, the bill directs the utilities board of the
  7 19 utilities division of the department of commerce to conduct a
  7 20 study to evaluate whether procedures applicable to eligible
  7 21 renewable energy facilities which have been approved for the
  7 22 renewable energy tax credit under Code chapter 476C but are
  7 23 not yet operational, and facilities which have been placed on
  7 24 a waiting list for approval, are in need of modification.  The
  7 25 board is required to submit recommendations to the general
  7 26 assembly by January 1, 2010, regarding whether statutory or
  7 27 procedural modifications appear necessary.
  7 28 LSB 1649HZ 83
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