Senate
File
2327
-
Introduced
SENATE
FILE
2327
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SSB
3190)
A
BILL
FOR
An
Act
relating
to
the
administration
of
the
tax
and
related
1
laws
by
the
department
of
revenue,
including
the
renewable
2
energy
tax
credit,
the
solar
energy
system
tax
credit,
3
appeal
procedures
for
certain
centrally
assessed
property,
4
an
extension
of
the
utility
replacement
tax
task
force,
5
requiring
background
checks
for
job
applicants
and
persons
6
performing
work
for
the
department
of
revenue,
a
sales
and
7
use
tax
exemption
for
certain
items
used
in
performance
of
8
a
construction
contract
with
designated
exempt
entities,
9
and
including
effective
date
and
retroactive
and
other
10
applicability
provisions.
11
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
12
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2327
Section
1.
NEW
SECTION
.
421.48
Background
checks.
1
An
applicant
for
employment
with
the
department
of
revenue
2
shall
be
subject
to
a
national
criminal
history
check
through
3
the
federal
bureau
of
investigation.
A
contractor,
vendor,
4
employee,
or
any
other
individual
performing
work
for
the
5
department
of
revenue,
shall
be
subject
to
a
national
criminal
6
history
check
through
the
federal
bureau
of
investigation
7
at
least
once
every
ten
years.
The
department
of
revenue
8
shall
request
the
national
criminal
history
check
and
shall
9
provide
the
individual’s
fingerprints
to
the
department
10
of
public
safety
for
submission
through
the
state
criminal
11
history
repository
to
the
federal
bureau
of
investigation.
12
The
individual
shall
authorize
release
of
the
results
of
the
13
national
criminal
history
check
to
the
department
of
revenue.
14
The
department
of
revenue
shall
pay
the
actual
cost
of
the
15
fingerprinting
and
national
criminal
history
check,
if
any.
16
The
results
of
a
criminal
history
check
conducted
pursuant
to
17
this
section
shall
not
be
considered
a
public
record
under
18
chapter
22.
19
Sec.
2.
Section
422.11L,
subsection
3,
paragraph
d,
Code
20
2016,
is
amended
to
read
as
follows:
21
d.
(1)
A
taxpayer
must
submit
an
application
to
the
22
department
for
each
separate
and
distinct
solar
installation.
23
The
application
must
be
approved
by
the
department
in
order
to
24
claim
the
tax
credit.
The
application
must
be
filed
by
May
25
1
following
the
year
of
the
installation
of
the
solar
energy
26
system.
27
(2)
The
department
shall
accept
and
approve
applications
28
on
a
first-come,
first-served
basis
until
the
maximum
amount
29
of
tax
credits
that
may
be
claimed
pursuant
to
subsection
4
30
is
reached.
If
for
a
tax
year
the
aggregate
amount
of
tax
31
credits
applied
for
exceeds
the
amount
specified
in
subsection
32
4,
the
department
shall
establish
a
wait
list
for
tax
credits.
33
Valid
applications
filed
by
the
taxpayer
by
May
1
following
the
34
year
of
the
installation
but
not
approved
by
the
department
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2327
shall
be
placed
on
a
wait
list
in
the
order
the
applications
1
were
received
and
those
applicants
shall
be
given
priority
2
for
having
their
applications
approved
in
succeeding
years.
3
Placement
on
a
wait
list
pursuant
to
this
subparagraph
shall
4
not
constitute
a
promise
binding
the
state.
The
availability
5
of
a
tax
credit
and
approval
of
a
tax
credit
application
6
pursuant
to
this
section
in
a
future
year
is
contingent
upon
7
the
availability
of
tax
credits
in
that
particular
year.
8
Sec.
3.
Section
422.11L,
Code
2016,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
6.
For
purposes
of
this
section,
“Internal
11
Revenue
Code”
means
the
Internal
Revenue
Code
of
1954,
prior
12
to
the
date
of
its
redesignation
as
the
Internal
Revenue
Code
13
of
1986
by
the
Tax
Reform
Act
of
1986,
or
means
the
Internal
14
Revenue
Code
of
1986
as
amended
to
and
including
January
1,
15
2016.
16
Sec.
4.
Section
423.3,
subsection
80,
Code
2016,
is
amended
17
to
read
as
follows:
18
80.
a.
For
purposes
of
this
subsection
,
“designated
exempt
19
entity”
means
an
any
of
the
following:
20
(1)
An
entity
which
is
designated
in
section
423.4,
21
subsection
1
or
6
.
22
(2)
An
entity
which
is
an
instrumentality
of
a
county
or
23
municipal
government,
including
an
agent
of
such
entity,
if
24
the
entity
was
created
for
the
purpose
of
owning,
including
25
pursuant
to
a
lease-purchase
agreement,
real
property
located
26
within
a
reinvestment
district
established
under
chapter
15J.
27
b.
If
Subject
to
the
limitations
in
paragraph
“c”
,
if
28
a
contractor,
subcontractor,
or
builder
is
to
use
building
29
materials,
supplies,
and
equipment
in
the
performance
of
a
30
construction
contract
with
a
designated
exempt
entity,
the
31
person
shall
purchase
such
items
of
tangible
personal
property
32
without
liability
for
the
tax
if
such
property
will
be
used
in
33
the
performance
of
the
construction
contract
and
a
purchasing
34
agent
authorization
letter
and
an
exemption
certificate,
issued
35
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by
the
designated
exempt
entity,
are
presented
to
the
retailer.
1
c.
(1)
The
With
regard
to
a
construction
contract
with
2
a
designated
exempt
entity
described
in
paragraph
“a”
,
3
subparagraph
(1),
the
sales
price
of
building
materials,
4
supplies,
or
equipment
is
exempt
from
tax
by
this
subsection
5
only
to
the
extent
the
building
materials,
supplies,
or
6
equipment
are
completely
consumed
in
the
performance
of
the
7
construction
contract
with
the
designated
exempt
entity.
8
(2)
With
regard
to
a
construction
contract
with
a
designated
9
exempt
entity
described
in
paragraph
“a”
,
subparagraph
(2),
10
the
sales
price
of
building
materials,
supplies,
or
equipment
11
is
exempt
from
tax
by
this
subsection
only
to
the
extent
the
12
building
materials,
supplies,
or
equipment
are
completely
13
consumed
in
the
performance
of
a
construction
contract
to
14
construct
a
project,
as
defined
in
section
15J.2,
subsection
15
10,
which
project
has
been
approved
by
the
economic
development
16
authority
board
in
accordance
with
chapter
15J.
17
c.
d.
Where
Subject
to
the
limitations
in
paragraph
“c”
,
18
where
the
owner,
contractor,
subcontractor,
or
builder
is
also
19
a
retailer
holding
a
retail
sales
tax
permit
and
transacting
20
retail
sales
of
building
materials,
supplies,
and
equipment,
21
the
tax
shall
not
be
due
when
materials
are
withdrawn
from
22
inventory
for
use
in
construction
performed
for
a
designated
23
exempt
entity
if
an
exemption
certificate
is
received
from
such
24
entity.
25
d.
e.
Tax
Subject
to
the
limitations
in
paragraph
“c”
,
tax
26
shall
not
apply
to
tangible
personal
property
purchased
and
27
consumed
by
a
manufacturer
as
building
materials,
supplies,
or
28
equipment
in
the
performance
of
a
construction
contract
for
a
29
designated
exempt
entity,
if
a
purchasing
agent
authorization
30
letter
and
an
exemption
certificate
are
received
from
such
31
entity
and
presented
to
a
retailer.
32
Sec.
5.
Section
429.2,
subsection
2,
paragraph
c,
Code
2016,
33
is
amended
to
read
as
follows:
34
c.
The
director
of
revenue
shall
consider
all
evidence
and
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witnesses
offered
by
the
taxpayer
and
the
department
,
including
1
but
not
limited
to
evidence
relating
to
the
proper
valuation
of
2
the
property
involved.
3
Sec.
6.
Section
437A.15,
subsection
7,
paragraph
b,
Code
4
2016,
is
amended
to
read
as
follows:
5
b.
The
task
force
shall
study
the
effects
of
the
replacement
6
taxes
under
this
chapter
and
chapter
437B
on
local
taxing
7
authorities,
local
taxing
districts,
consumers,
and
taxpayers
8
through
January
1,
2016
2019
.
If
the
task
force
recommends
9
modifications
to
the
replacement
tax
that
will
further
the
10
purposes
of
tax
neutrality
for
local
taxing
authorities,
local
11
taxing
districts,
taxpayers,
and
consumers,
consistent
with
the
12
stated
purposes
of
this
chapter
,
the
department
of
management
13
shall
transmit
those
recommendations
to
the
general
assembly.
14
Sec.
7.
Section
437B.11,
subsection
7,
Code
2016,
is
amended
15
to
read
as
follows:
16
7.
The
utility
replacement
tax
task
force
created
in
section
17
437A.15
shall
study
the
effects
of
the
replacement
tax
on
18
local
taxing
authorities,
local
taxing
districts,
consumers,
19
and
taxpayers
through
January
1,
2016
2019
.
If
the
task
20
force
recommends
modifications
to
the
replacement
tax
that
21
will
further
the
purposes
of
tax
neutrality
for
local
taxing
22
authorities,
local
taxing
districts,
taxpayers,
and
consumers,
23
consistent
with
the
stated
purposes
of
this
chapter
,
the
24
department
of
management
shall
transmit
those
recommendations
25
to
the
general
assembly.
26
Sec.
8.
Section
476C.1,
subsection
6,
paragraph
d,
Code
27
2016,
is
amended
to
read
as
follows:
28
d.
Was
initially
placed
into
service
on
or
after
July
1,
29
2005,
and
before
January
1,
2017
2018
.
30
Sec.
9.
Section
476C.3,
subsection
4,
paragraph
b,
31
subparagraph
(3),
Code
2016,
is
amended
to
read
as
follows:
32
(3)
(a)
Of
the
maximum
amount
of
energy
production
capacity
33
equivalent
of
all
other
facilities
found
eligible
under
this
34
chapter
,
ten
megawatts
of
nameplate
generating
capacity
or
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energy
production
equivalent
shall
be
reserved
for
solar
energy
1
conversion
facilities
with
that
meet
all
of
the
following
2
requirements:
3
(i)
The
facility
has
a
generating
capacity
of
one
and
4
one-half
megawatts
or
less
.
5
(ii)
The
facility
is
owned
,
in
whole
or
in
part,
directly
6
or
indirectly,
or
is
contracted
for
,
by
utilities
described
in
7
section
476C.1,
subsection
6
,
paragraph
“b”
,
subparagraphs
(4)
8
and
(5).
9
(iii)
The
facility
is
located
in
this
state.
10
(iv)
The
facility
meets
the
requirements
of
section
476C.1,
11
subsection
6,
paragraphs
“d”
through
“f”
.
12
(b)
A
solar
energy
conversion
facility
that
meets
the
13
requirements
of
and
is
found
eligible
under
subparagraph
14
division
(a)
shall
be
considered
an
“eligible
renewable
energy
15
facility”
for
purposes
of
this
chapter,
notwithstanding
any
16
contrary
provisions
of
section
476C.1,
subsection
6.
17
Sec.
10.
Section
476C.3,
subsection
7,
Code
2016,
is
amended
18
to
read
as
follows:
19
7.
a.
An
owner
meeting
the
requirements
of
section
476C.1,
20
subsection
6
,
paragraph
“b”
,
shall
not
be
an
owner
of
more
than
21
two
eligible
renewable
energy
facilities.
A
person
that
has
22
an
equity
interest
equal
to
or
greater
than
fifty-one
percent
23
in
an
eligible
renewable
energy
facility
shall
not
have
an
24
equity
interest
greater
than
ten
percent
in
any
other
eligible
25
renewable
energy
facility.
This
paragraph
“a”
shall
not
apply
26
to
facilities
described
in
section
476C.3,
subsection
4,
27
paragraph
“b”
,
subparagraph
(3).
28
b.
An
entity
described
in
section
476C.1,
subsection
6,
29
paragraph
“b”
,
subparagraphs
(4)
or
(5),
shall
not
have
an
30
ownership
interest
in
more
than
four
facilities
described
in
31
section
476C.3,
subsection
4,
paragraph
“b”
,
subparagraph
(3).
32
Sec.
11.
Section
476C.5,
Code
2016,
is
amended
to
read
as
33
follows:
34
476C.5
Certificate
issuance
period.
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A
producer
or
purchaser
of
renewable
energy
shall
receive
1
renewable
energy
tax
credit
certificates
for
a
ten-year
period
2
for
each
eligible
renewable
energy
facility
under
this
chapter
.
3
The
ten-year
period
for
issuance
of
the
tax
credit
certificates
4
begins
with
the
date
the
purchaser
of
renewable
energy
first
5
purchases
electricity,
hydrogen
fuel,
methane
gas
or
other
6
biogas
used
to
generate
electricity,
or
heat
for
commercial
7
purposes
from
the
eligible
renewable
energy
facility
for
8
which
a
tax
credit
is
issued
under
this
chapter
,
or
the
date
9
the
producer
of
the
renewable
energy
first
uses
the
energy
10
produced
by
the
eligible
renewable
energy
facility
for
on-site
11
consumption.
Renewable
energy
tax
credit
certificates
shall
12
not
be
issued
for
renewable
energy
purchased
or
produced
for
13
on-site
consumption
after
December
31,
2026
2027
.
14
Sec.
12.
SOLAR
ENERGY
SYSTEM
TAX
CREDIT
15
APPLICATIONS.
Notwithstanding
the
provision
in
section
16
422.11L,
subsection
3,
paragraph
“d”,
which
requires
17
applications
for
the
solar
energy
system
tax
credit
to
be
18
filed
by
May
1
following
the
year
of
the
installation,
all
the
19
following
shall
apply:
20
1.
Applications
for
the
solar
energy
system
tax
credit
21
filed
after
May
1,
2015,
for
solar
energy
systems
installed
22
during
the
2014
calendar
year,
shall
be
eligible
for
approval
23
under
section
422.11L.
Such
applications
shall
be
accepted
and
24
approved
on
a
first-come,
first-served
basis
and
shall
first
25
be
eligible
for
approval
for
the
tax
year
during
which
the
26
application
is
received,
but
not
before
the
tax
year
beginning
27
January
1,
2016.
28
2.
Applications
for
the
solar
energy
system
tax
credit
29
filed
after
May
1,
2016,
for
solar
energy
systems
installed
30
during
the
2015
calendar
year,
shall
be
eligible
for
approval
31
under
section
422.11L.
Such
applications
shall
be
accepted
and
32
approved
on
a
first-come,
first-served
basis
and
shall
first
33
be
eligible
for
approval
for
the
tax
year
during
which
the
34
application
is
received,
but
not
before
the
tax
year
beginning
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January
1,
2017.
1
Sec.
13.
EFFECTIVE
UPON
ENACTMENT.
The
section
of
this
2
Act
providing
for
the
approval
of
solar
energy
tax
credit
3
applications
filed
after
May
1
following
the
year
of
the
4
installation
for
solar
energy
systems
installed
during
the
2014
5
and
2015
calendar
years,
being
deemed
of
immediate
importance,
6
takes
effect
upon
enactment.
7
Sec.
14.
EFFECTIVE
UPON
ENACTMENT.
The
following
8
provision
or
provisions
of
this
Act,
being
deemed
of
immediate
9
importance,
take
effect
upon
enactment:
10
1.
The
section
of
this
Act
enacting
section
421.48.
11
2.
The
section
of
this
Act
amending
section
423.3,
12
subsection
80.
13
3.
The
section
of
this
Act
amending
section
429.2.
14
4.
The
section
of
this
Act
amending
section
437A.15.
15
5.
The
section
of
this
Act
amending
section
437B.11.
16
6.
The
section
of
this
Act
amending
section
476C.1.
17
7.
The
sections
of
this
Act
amending
section
476C.3.
18
8.
The
section
of
this
Act
amending
section
476C.5.
19
Sec.
15.
RETROACTIVE
APPLICABILITY.
The
following
20
provision
or
provisions
of
this
Act
apply
retroactively
to
21
January
1,
2015,
for
construction
contracts
entered
into
on
or
22
after
that
date.
23
1.
The
section
of
this
Act
amending
section
423.3,
24
subsection
80.
25
Sec.
16.
RETROACTIVE
APPLICABILITY.
The
following
26
provision
or
provisions
of
this
Act
apply
retroactively
to
27
January
1,
2016:
28
1.
The
section
of
this
Act
amending
section
437A.15.
29
2.
The
section
of
this
Act
amending
section
437B.11.
30
Sec.
17.
RETROACTIVE
APPLICABILITY.
The
following
31
provision
or
provisions
of
this
Act
apply
retroactively
to
32
January
1,
2015,
for
tax
years
beginning
on
or
after
that
date:
33
1.
The
section
of
this
Act
enacting
section
422.11L,
34
subsection
6.
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Sec.
18.
RETROACTIVE
APPLICABILITY.
The
following
1
provision
or
provisions
of
this
Act
apply
retroactively
to
2
January
1,
2016,
for
tax
years
beginning
on
or
after
that
date:
3
1.
The
section
of
this
Act
amending
section
476C.1.
4
2.
The
section
of
this
Act
amending
section
476C.5.
5
Sec.
19.
RETROACTIVE
APPLICABILITY.
The
following
6
provision
or
provisions
of
this
Act
apply
retroactively
to
7
January
1,
2015,
for
tax
years
beginning
on
or
after
that
date:
8
1.
The
sections
of
this
Act
amending
section
476C.3.
9
Sec.
20.
RETROACTIVE
APPLICABILITY.
The
following
10
provision
or
provisions
of
this
Act
apply
retroactively
to
11
applications
for
the
renewable
energy
tax
credit
made
on
or
12
after
June
26,
2015:
13
1.
The
sections
of
this
Act
amending
section
476C.3.
14
Sec.
21.
RETROACTIVE
APPLICABILITY.
The
following
15
provision
or
provisions
of
this
Act
apply
retroactively
to
May
16
22,
2015:
17
1.
The
section
of
this
Act
amending
section
429.2.
18
Sec.
22.
APPLICABILITY.
The
section
of
this
Act
amending
19
section
423.3,
subsection
80,
applies
to
purchases
made
on
or
20
after
the
effective
date
of
the
section
of
this
Act
amending
21
section
423.3,
subsection
80.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
administration
of
the
tax
and
26
related
laws
by
the
department
of
revenue.
27
BACKGROUND
CHECKS.
The
bill
requires
an
applicant
for
28
employment
with
the
department
of
revenue
(department)
at
29
the
time
of
application,
or
a
contractor,
vendor,
employee,
30
or
any
other
individual
performing
work
for
the
department
31
to
be
subject
to
a
national
criminal
history
check
through
32
the
federal
bureau
of
investigation
(FBI)
at
least
once
33
every
10
years.
The
bill
directs
the
department
to
provide
34
fingerprints
to
the
department
of
public
safety
for
submission
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through
the
state
criminal
history
repository
to
the
FBI,
and
1
requires
individuals
to
authorize
release
of
the
results
to
2
the
department.
The
department
is
required
to
pay
the
actual
3
costs
of
the
fingerprinting
and
the
criminal
history
check.
4
The
bill
provides
that
the
results
of
a
criminal
history
check
5
are
not
considered
a
public
record
under
Code
chapter
22
(open
6
records).
This
provision
takes
effect
upon
enactment.
7
SOLAR
ENERGY
SYSTEM
TAX
CREDIT.
The
bill
amends
the
Iowa
8
solar
energy
system
tax
credit
in
Code
section
422.11L,
which
9
is
provided
for
the
installation
of
a
solar
energy
system
in
10
an
amount
equal
to
certain
percentages
of
related
federal
11
solar
energy
tax
credits.
The
bill
requires
that
tax
credit
12
applications
be
accepted
and
approved
by
the
department
on
a
13
first-come,
first-served
basis
until
the
maximum
tax
credit
14
amount
that
may
be
claimed
each
tax
year
is
reached.
If
15
tax
credit
applications
exceed
that
maximum
amount
for
a
tax
16
year,
the
bill
requires
the
department
to
establish
a
tax
17
credit
wait
list,
and
applications
that
were
filed
by
the
18
May
1
deadline
but
not
approved
will
be
placed
on
the
wait
19
list
and
given
priority
for
having
their
application
approved
20
in
succeeding
years.
The
bill
states
that
placement
on
the
21
wait
list
does
not
constitute
a
promise
binding
the
state,
22
and
the
availability
of
a
tax
credit
and
approval
of
a
tax
23
credit
application
in
a
future
year
is
contingent
upon
the
24
availability
of
tax
credits
in
that
particular
year.
25
Notwithstanding
the
requirement
under
current
law
that
26
solar
energy
system
tax
credit
applications
be
filed
by
May
27
1
following
the
year
of
the
installation,
the
bill
provides
28
that
applications
filed
after
that
deadline
for
solar
energy
29
systems
installed
during
the
2014
or
2015
calendar
years
shall
30
be
eligible
for
approval.
Such
applications
are
eligible
for
31
approval
for
the
tax
year
during
which
the
application
is
32
received,
but
not
before
tax
year
2016
for
installations
made
33
in
2014,
and
not
before
tax
year
2017
for
installations
made
in
34
2015.
This
provision
takes
effect
upon
enactment.
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The
bill
also
defines
“Internal
Revenue
Code”
(IRC)
for
1
purposes
of
the
Iowa
solar
energy
system
tax
credit
to
mean
2
the
IRC
in
effect
on
January
1,
2016.
Under
current
law
for
3
purposes
of
the
Iowa
tax
credit,
IRC
means
that
in
effect
on
4
January
1,
2015.
This
change
has
the
effect
of
incorporating
5
into
the
Iowa
tax
credit
changes
made
by
Congress
in
2015
6
to
the
related
federal
energy
system
credits
for
tax
years
7
beginning
in
2017
or
later.
In
2015,
Congress
extended
the
8
expiration
date
for
several
of
the
federal
energy
system
9
tax
credits
upon
which
the
Iowa
tax
credit
is
calculated
10
(IRC
§25D(a)(1),
§25D(a)(2),
and
§48(a)(2)(A)(i)(II))
to
11
January
1,
2022,
from
January
1,
2017.
This
provision
applies
12
retroactively
to
January
1,
2015,
for
tax
years
beginning
on
13
or
after
that
date.
14
SALES
AND
USE
TAXES.
A
sales
tax
exemption
is
provided
under
15
current
law
to
contractors,
subcontractors,
and
builders
for
16
the
purchase
of
building
materials,
supplies,
and
equipment
17
completely
consumed
in
the
performance
of
a
construction
18
contract
with
a
designated
exempt
entity.
The
bill
amends
19
the
definition
of
“designated
exempt
entity”
to
include
an
20
instrumentality
of
a
county
or
municipal
government,
including
21
an
agent
of
such
entity,
if
the
entity
was
created
for
the
22
purpose
of
owning,
including
pursuant
to
a
lease-purchase
23
agreement,
real
property
located
within
a
reinvestment
district
24
established
under
the
Iowa
Reinvestment
Act
in
Code
chapter
25
15J.
The
bill
also
provides
that
the
purchase
of
building
26
materials,
supplies,
and
equipment
by
such
designated
exempt
27
entities
will
only
be
exempt
from
the
sales
tax
to
the
extent
28
such
property
is
completely
consumed
in
the
performance
of
a
29
construction
contract
to
construct
a
project
that
has
been
30
approved
by
the
economic
development
board
under
the
Iowa
31
Reinvestment
Act.
The
Iowa
Reinvestment
Act,
in
general,
32
authorizes
municipalities
to
establish
reinvestment
districts
33
and
receive
remittances
of
specified
amounts
of
state
sales
34
tax
and
state
hotel
and
motel
tax
revenues
collected
in
those
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districts
for
use
in
undertaking
projects
within
the
district.
1
By
operation
of
Code
section
423.6,
an
item
exempt
from
the
2
imposition
of
the
sales
tax
is
also
exempt
from
the
use
tax
3
imposed
in
Code
section
423.5.
4
The
sales
and
use
tax
provisions
take
effect
upon
enactment
5
and
apply
to
purchases
made
on
or
after
that
date,
and
apply
6
retroactively
to
January
1,
2015,
for
construction
contracts
7
entered
into
on
or
after
that
date.
8
CENTRALLY
ASSESSED
PROPERTY.
The
bill
adds
the
department
9
of
revenue
to
the
list
of
parties
for
which
the
director
of
10
revenue
shall
consider
all
offered
evidence
and
witnesses
11
during
an
appeal
of
an
assessment
of
certain
property
centrally
12
assessed
by
the
department
of
revenue
for
purposes
of
property
13
taxation.
This
provision
takes
effect
upon
enactment
and
14
applies
retroactively
to
May
22,
2015.
15
UTILITY
REPLACEMENT
TAX
TASK
FORCE.
The
bill
extends
the
16
utility
replacement
tax
task
force
to
January
1,
2019,
from
17
January
1,
2016.
This
task
force
was
created
to
study
the
18
effects
of
the
replacement
taxes
on
electricity
and
natural
gas
19
providers
and
rate-regulated
water
utilities.
This
provision
20
takes
effect
upon
enactment
and
applies
retroactively
to
21
January
1,
2016.
22
RENEWABLE
ENERGY
TAX
CREDIT.
The
bill
extends
to
January
23
1,
2018,
from
January
1,
2017,
the
date
upon
which
a
renewable
24
energy
facility
must
be
placed
in
service
in
order
to
qualify
25
for
the
renewable
energy
tax
credit
under
Code
chapter
476C,
26
and
extends
to
December
31,
2027,
from
December
31,
2026,
the
27
date
on
which
renewable
energy
tax
credit
certificates
shall
no
28
longer
be
issued.
These
renewable
energy
tax
credit
provisions
29
take
effect
upon
enactment
and
apply
retroactively
to
January
30
1,
2016,
for
tax
years
beginning
on
or
after
that
date.
31
For
solar
facilities
with
a
generating
capacity
of
1.5
32
megawatts
or
less
(small
solar
facilities)
that
are
owned
33
or
contracted
for
by
electric
cooperative
associations,
34
municipally
owned
utilities,
public
utilities
subject
to
rate
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regulation,
or
electric
cooperative
associations
(specified
1
utilities),
the
bill
removes
the
requirement
that
the
specified
2
utility
must
own
at
least
51
percent
of
the
facility
and
3
instead
provides
that
the
specified
utility
must
own
the
4
facility
in
whole
or
in
part,
directly
or
indirectly.
Also
5
under
current
law
for
purposes
of
qualifying
for
the
tax
6
credit,
an
owner
of
an
eligible
renewable
energy
facility
shall
7
not
own
more
than
two
eligible
renewable
energy
facilities,
8
and
a
person
that
has
an
equity
interest
of
at
least
51
9
percent
in
an
eligible
renewable
energy
facility
shall
not
10
have
an
equity
interest
greater
than
10
percent
in
any
other
11
eligible
renewable
energy
facility.
The
bill
provides
that
12
these
restrictions
shall
not
apply
to
small
solar
facilities,
13
but
does
provide
that
a
specified
utility
shall
not
have
an
14
ownership
interest
in
more
than
four
small
solar
facilities.
15
These
renewable
energy
tax
credit
provisions
take
effect
upon
16
enactment
and
apply
retroactively
to
January
1,
2015,
for
tax
17
years
beginning
on
or
after
that
date,
and
apply
retroactively
18
to
applications
for
the
renewable
energy
tax
credit
made
on
or
19
after
June
26,
2015.
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