Senate
File
2366
-
Introduced
SENATE
FILE
2366
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SSB
3130)
A
BILL
FOR
An
Act
relating
to
the
assessment
and
taxation
of
wind
energy
1
conversion
property
and
including
effective
date
and
2
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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6194SV
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S.F.
2366
Section
1.
Section
427B.26,
subsection
1,
paragraph
b,
Code
1
2022,
is
amended
to
read
as
follows:
2
b.
If
in
the
opinion
of
the
city
council
or
the
county
3
board
of
supervisors
continuation
of
the
special
valuation
4
provided
under
this
section
ceases
to
be
of
benefit
to
the
5
city
or
county,
the
city
council
or
the
county
board
of
6
supervisors
may
repeal
the
ordinance
authorized
by
this
7
subsection
.
Property
specially
valued
under
this
section
prior
8
to
repeal
of
the
ordinance
shall
continue
to
be
valued
under
9
this
section
until
the
end
of
the
nineteenth
assessment
year
10
following
the
assessment
year
in
which
the
property
was
first
11
assessed.
Following
repeal
of
the
ordinance
and
conclusion
of
12
the
applicable
nineteen-year
period,
the
wind
energy
conversion
13
property
shall
be
subject
to
assessment
and
taxation
under
14
chapter
437A,
section
441.21,
subsection
8,
paragraphs
“b”
,
“c”
,
15
and
“d”
,
or
sections
428.24
through
428.26,
428.28,
and
428.29,
16
as
applicable.
17
Sec.
2.
Section
427B.26,
subsection
2,
unnumbered
paragraph
18
1,
Code
2022,
is
amended
to
read
as
follows:
19
In
lieu
of
the
valuation
and
assessment
provisions
in
20
chapter
437A,
section
441.21,
subsection
8
,
paragraphs
“b”
,
“c”
,
21
and
“d”
,
and
sections
428.24
through
428.26
,
428.28
,
and
428.29
,
22
as
applicable,
wind
energy
conversion
property
which
is
first
23
assessed
for
property
taxation
on
or
after
January
1,
1994,
24
and
on
or
after
the
effective
date
of
the
ordinance
enacted
25
pursuant
to
subsection
1
,
shall
be
valued
by
the
local
assessor
26
for
property
tax
purposes
as
follows:
27
Sec.
3.
Section
427B.26,
subsections
3
and
4,
Code
2022,
are
28
amended
to
read
as
follows:
29
3.
a.
The
taxpayer
shall
file
with
the
local
assessor
by
30
February
1
of
the
assessment
year
in
which
the
wind
energy
31
conversion
property
is
first
assessed
for
property
tax
32
purposes,
a
declaration
of
intent
to
have
the
property
assessed
33
at
the
value
determined
under
this
section
in
lieu
of
the
34
valuation
and
assessment
provisions
in
chapter
437A,
section
35
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441.21,
subsection
8
,
paragraphs
“b”
,
“c”
,
and
“d”
,
and
sections
1
428.24
through
428.26
,
428.28
,
and
428.29
,
as
applicable
.
2
b.
Maintaining,
refurbishing,
or
repowering
wind
energy
3
conversion
property
shall
not
cause
the
wind
energy
conversion
4
property
to
receive
a
new
assessment
schedule
under
subsection
5
2.
6
4.
For
purposes
of
this
section
:
7
a.
“Collector
substation”
means
an
electrical
substation
8
designed
to
collect
energy
from
multiple
electricity-generating
9
sources.
10
a.
b.
“Net
acquisition
cost”
means
the
acquired
cost
of
the
11
property
including
all
foundations
and
installation
cost
less
12
any
excess
cost
adjustment.
However,
except
in
the
case
of
a
13
clerical
error,
an
adjustment
shall
not
be
made
after
the
third
14
year
the
wind
energy
conversion
property
is
assessed.
15
c.
“Repowering”
means
the
removal
and
replacement
of
16
components
of
wind
energy
conversion
property.
17
b.
d.
“Wind
energy
conversion
property”
means
the
entire
18
wind
plant
including
,
but
not
limited
to
,
a
wind
charger,
19
windmill,
wind
turbine,
tower
and
electrical
equipment,
pad
20
mount
transformers,
power
lines,
and
collector
substation.
21
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
22
importance,
takes
effect
upon
enactment.
23
Sec.
5.
RETROACTIVE
APPLICABILITY.
This
Act
applies
24
retroactively
to
assessment
years
beginning
on
or
after
January
25
1,
2022.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
Code
section
427B.26
governs
the
special
valuation
of
30
wind
energy
conversion
property
for
such
property
covered
by
31
an
ordinance
adopted
by
a
city
council
or
county
board
of
32
supervisors.
33
This
bill
specifies
that
the
special
valuation
provisions
34
authorized
by
local
ordinance,
in
addition
to
other
provisions
35
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2366
identified
in
Code
section
427B.26,
are
in
lieu
of
the
1
assessment
and
taxation
provisions
of
Code
chapter
437A
2
(electricity
replacement
tax).
3
If
such
ordinance
is
repealed,
property
specially
valued
4
under
Code
section
427B.26
shall
continue
to
be
valued
under
5
that
Code
section
until
the
end
of
the
19th
assessment
year
6
following
the
assessment
year
in
which
the
property
was
first
7
assessed.
The
bill
specifies
the
other
provisions
of
law
that
8
govern
the
assessment
and
taxation
of
such
property
after
9
conclusion
of
the
applicable
19-year
period.
10
The
bill
also
provides
that
maintaining,
refurbishing,
or
11
repowering
wind
energy
conversion
property
shall
not
cause
12
the
wind
energy
conversion
property
to
receive
a
new
special
13
valuation
schedule
under
Code
section
427B.26.
The
bill
14
defines
“repowering”
and
modifies
the
definition
of
“wind
15
energy
conversion
property”
to
specify
that
substations
that
16
are
“collector
substations”,
as
defined
in
the
bill,
are
wind
17
energy
conversion
property.
The
bill
also
specifies
that,
for
18
purposes
of
determining
net
acquisition
cost,
except
for
a
19
clerical
error,
an
adjustment
shall
not
be
made
after
the
third
20
year
the
wind
energy
conversion
property
is
assessed.
21
The
bill
takes
effect
upon
enactment
and
applies
22
retroactively
to
assessment
years
beginning
on
or
after
January
23
1,
2022.
24
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