Senate Study Bill 1312 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            WAYS AND MEANS BILL BY
                                            CHAIRPERSON BOLKCOM)


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

                                      A BILL FOR

  1 An Act relating to the taxation of persons who are
  2    self=generators of electricity solely for their own
  3    consumption and including a retroactive applicability date
  4    provision.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2671SC 83
  7 mg/sc/5

PAG LIN



  1  1    Section 1.  Section 437A.3, subsection 27, Code 2009, is
  1  2 amended to read as follows:
  1  3    27.  "Self=generator" means a person, other than an
  1  4 electric company, natural gas company, electric cooperative,
  1  5 or municipal utility, who generates, by means of an on=site
  1  6 facility wholly owned by or leased in its entirety to such
  1  7 person, electricity solely for its own consumption, or for the
  1  8 consumption of any owner, shareholder, member, beneficiary,
  1  9 partner, or associate of such person, except for inadvertent
  1 10 unscheduled deliveries to the electric utility furnishing
  1 11 electric service to that self=generator.  A person who
  1 12 generates electricity which is consumed by any other person,
  1 13 including any owner, shareholder, member, beneficiary,
  1 14 partner, or associate of the person who generates electricity,
  1 15 is not a self=generator.  For purposes of this subsection,
  1 16 "on=site facility" means an electric power generating plant
  1 17 that is wholly owned by or leased in its entirety to a person
  1 18 and used to generate electricity solely for consumption by
  1 19 such person or by any owner, shareholder, member, beneficiary,
  1 20 partner, or associate of such person on the same parcel of
  1 21 land on which such plant is located or on a contiguous parcel
  1 22 of land.  For purposes of this subsection, "parcel of land"
  1 23 includes each separate parcel of land shown on the tax list.
  1 24    Sec. 2.  RETROACTIVE APPLICABILITY DATE.  This Act applies
  1 25 retroactively to January 1, 2009, for tax years beginning on
  1 26 or after that date.
  1 27                           EXPLANATION
  1 28    Under current law, a self=generator is a person, other than
  1 29 utility companies, who generates by means of an on=site
  1 30 facility electricity solely for its own purposes.  Such a
  1 31 person is exempt from payment of any replacement taxes under
  1 32 Code chapter 437A and is subject to local property taxes.
  1 33 However, if the on=site facility generates electricity that is
  1 34 consumed by any other person, even a person related to the
  1 35 person owning or leasing the on=site facility, then the
  2  1 facility is not considered a self=generator.  This means it
  2  2 would be subject to the replacement tax and not the local
  2  3 property tax.
  2  4    This bill strikes the language that provides that the
  2  5 on=site facility that generates electricity to other persons
  2  6 including those related to the owner of the facility, is not a
  2  7 self=generator and includes language that expands the
  2  8 definition of self=generator to include those related to the
  2  9 owner or lessee of the facility.  The result of the bill is
  2 10 that the facility that generates electricity for its own
  2 11 consumption and which is consumed by a person who is a
  2 12 shareholder, member, beneficiary, partner, or associate of the
  2 13 owner or lessee of the facility is considered a self=generator
  2 14 and is exempt from the replacement tax and subject to the
  2 15 local property tax.
  2 16    The bill applies retroactively to January 1, 2009, for tax
  2 17 years beginning on or after that date.
  2 18 LSB 2671SC 83
  2 19 mg/sc/5