Senate File 511 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON WAYS AND
                                     MEANS

                                 (SUCCESSOR TO SSB
                                     1193)

                                      A BILL FOR

  1 An Act modifying and enacting provisions relating to specified
  2    renewable energy tax credits, and including effective date
  3    and retroactive applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1698SV (2) 86
    rn/sc

PAG LIN



  1  1    Section 1.  NEW SECTION.  422.11K  Wind energy system tax
  1  2 credits.
  1  3    1.  Subject to subsection 4 of this section, the taxes
  1  4 imposed under this division, less the credits allowed under
  1  5 section 422.12, shall be reduced by a wind energy system tax
  1  6 credit equal to the sum of the following:
  1  7    a.  Fifty percent of the federal residential energy efficient
  1  8 property credit related to small wind energy provided in
  1  9 section  25D(a)(4) of the Internal Revenue Code, not to exceed
  1 10 five thousand dollars.
  1 11    b.  Fifty percent of the federal energy credit related to
  1 12 small wind energy provided in section  48(a)(2)(A)(i)(IV) of the
  1 13 Internal Revenue Code, not to exceed twenty thousand dollars.
  1 14    2.  Any credit in excess of the tax liability is not
  1 15 refundable but the excess for the tax year may be credited
  1 16 to the tax liability for the following ten years or until
  1 17 depleted, whichever is earlier. The director of revenue shall
  1 18 adopt rules to implement this section.
  1 19    3.  a.  An individual may claim the tax credit allowed a
  1 20 partnership, limited liability company, S corporation, estate,
  1 21 or trust electing to have the income taxed directly to the
  1 22 individual. The amount claimed by the individual shall be
  1 23 based upon the pro rata share of the individual's earnings of
  1 24 the partnership, limited liability company, S corporation,
  1 25 estate, or trust.
  1 26    b.  A taxpayer who is eligible to claim a tax credit under
  1 27 this section shall not be eligible to claim a wind energy
  1 28 production tax credit under chapter 476B or a renewable energy
  1 29 tax credit under chapter 476C.
  1 30    c.  A taxpayer may claim more than one credit under this
  1 31 section, but may claim only one credit per separate and
  1 32 distinct small wind energy system installation. The department
  1 33 shall establish criteria, by rule, for determining what
  1 34 constitutes a separate and distinct installation.
  1 35    d.  A taxpayer must submit an application to the department
  2  1 for each separate and distinct small wind energy installation.
  2  2 The application must be approved by the department in order to
  2  3 claim the tax credit. The application must be filed by May 1
  2  4 following the year of the installation of the small wind energy
  2  5 system.
  2  6    4.  a.  Each tax year the total amount of small wind energy
  2  7 system tax credit claims that shall be paid pursuant to this
  2  8 section shall not exceed the amount appropriated by the general
  2  9 assembly for that purpose.  If the total dollar amount of the
  2 10 claims exceeds that amount, each claim shall be paid an amount
  2 11 equal to the amount appropriated divided by the total number of
  2 12 claims, not to exceed the amount of the taxpayer's claim.
  2 13    b.  If an amount of tax credits available for a tax year
  2 14 pursuant to paragraph "a" goes unclaimed, the amount of the
  2 15 unclaimed tax credits shall be made available for a subsequent
  2 16 tax year in which an appropriation under this section is made
  2 17 in addition to, and cumulated with, the amount appropriated for
  2 18 that subsequent tax year.
  2 19    5.  On or before January 1, annually, if tax credits have
  2 20 been claimed during the preceding tax year, the department
  2 21 shall submit a written report to the governor and the general
  2 22 assembly regarding the number and value of tax credits claimed
  2 23 under this section, and any other information the department
  2 24 may deem relevant and appropriate.
  2 25    Sec. 2.  Section 422.11L, subsection 1, Code 2015, is amended
  2 26 by adding the following new paragraph:
  2 27    NEW PARAGRAPH.  c.  Notwithstanding paragraphs "a" and "b"
  2 28 of this subsection, for installations occurring on or after
  2 29 January 1, 2016, the applicable percentages of the federal
  2 30 residential energy efficiency property tax credit related to
  2 31 solar energy and the federal energy credit related to solar
  2 32 energy systems shall be fifty percent.
  2 33    Sec. 3.  Section 422.11L, subsection 4, paragraph a, Code
  2 34 2015, is amended to read as follows:
  2 35    a.  The cumulative value of tax credits claimed annually
  3  1 by applicants pursuant to this section shall not exceed four
  3  2  six million five hundred thousand dollars. Of this amount,
  3  3 at least one million dollars shall be reserved for claims
  3  4 associated with or resulting from residential solar energy
  3  5 system installations. In the event that the total amount
  3  6 of claims submitted for residential solar energy system
  3  7 installations in a tax year is an amount less than one million
  3  8 dollars, the remaining unclaimed reserved amount shall be
  3  9 made available for claims associated with or resulting from
  3 10 nonresidential solar energy system installations received for
  3 11 the tax year.
  3 12    Sec. 4.  Section 422.33, subsection 29, paragraph a, Code
  3 13 2015, is amended to read as follows:
  3 14    a.  The taxes imposed under this division shall be reduced by
  3 15 a solar energy system tax credit equal to sixty percent of the
  3 16 federal energy credit related to solar energy systems provided
  3 17 in section 48(a)(2)(A)(i)(II) and section 48(a)(2)(A)(i)(III)
  3 18 of the Internal Revenue Code, not to exceed twenty thousand
  3 19 dollars.  For installations occurring on or after January 1,
  3 20 2016, the applicable percentage of the federal energy credit
  3 21 related to solar energy systems shall be fifty percent.
  3 22    Sec. 5.  Section 422.33, Code 2015, is amended by adding the
  3 23 following new subsection:
  3 24    NEW SUBSECTION.  31.  a.  The taxes imposed under this
  3 25 division shall be reduced by a wind energy system tax
  3 26 credit equal to fifty percent of the federal energy credit
  3 27 related to small wind energy systems provided in section
  3 28 48(a)(2)(A)(i)(IV) of the Internal Revenue Code, not to exceed
  3 29 twenty thousand dollars.
  3 30    b.  The taxpayer may claim the credit pursuant to this
  3 31 subsection according to the same requirements, conditions, and
  3 32 limitations as provided in section 422.11K.
  3 33    Sec. 6.  Section 422.60, subsection 12, paragraph a, Code
  3 34 2015, is amended to read as follows:
  3 35    a.  The taxes imposed under this division shall be reduced by
  4  1 a solar energy system tax credit equal to sixty percent of the
  4  2 federal energy credit related to solar energy systems provided
  4  3 in section 48(a)(2)(A)(i)(II) and section 48(a)(2)(A)(i)(III)
  4  4 of the Internal Revenue Code, not to exceed twenty thousand
  4  5 dollars.  For installations occurring on or after January 1,
  4  6 2016, the applicable percentage of the federal energy credit
  4  7 related to solar energy systems shall be fifty percent.
  4  8    Sec. 7.  Section 422.60, Code 2015, is amended by adding the
  4  9 following new subsection:
  4 10    NEW SUBSECTION.  14.  a.  The taxes imposed under this
  4 11 division shall be reduced by a wind energy system tax
  4 12 credit equal to fifty percent of the federal energy credit
  4 13 related to small wind energy systems provided in section
  4 14 48(a)(2)(A)(i)(IV) of the Internal Revenue Code, not to exceed
  4 15 twenty thousand dollars.
  4 16    b.  The taxpayer may claim the credit pursuant to this
  4 17 subsection according to the same requirements, conditions, and
  4 18 limitations as provided in section 422.11K.
  4 19    Sec. 8.  Section 476C.1, subsection 6, paragraph d, Code
  4 20 2015, is amended to read as follows:
  4 21    d.  (1)  Was initially placed into service on or after July
  4 22 1, 2005, and before January 1, 2017.
  4 23    (2)  Notwithstanding subparagraph (1), the placement in
  4 24 service requirements for a facility that has applied for
  4 25 eligibility approval on or after January 1, 2008, but which is
  4 26 not operational as of the effective date of this Act shall be
  4 27 extended to January 1, 2019.
  4 28    Sec. 9.  Section 476C.3, subsection 4, paragraph a, Code
  4 29 2015, is amended to read as follows:
  4 30    a.  The maximum amount of nameplate generating capacity
  4 31 of all wind energy conversion facilities the board may find
  4 32 eligible under this chapter shall not exceed three hundred
  4 33 sixty=three megawatts of nameplate generating capacity.
  4 34 Beginning January 1, 2016, of the credits revoked pursuant to
  4 35 subsection 6, one megawatt of nameplate generating capacity
  5  1 shall be reserved for wind energy conversion facilities
  5  2 installed within a small wind innovation zone pursuant to
  5  3 section 476.48.
  5  4    Sec. 10.  Section 476C.3, subsection 4, paragraph b, Code
  5  5 2015, is amended to read as follows:
  5  6    b.  The maximum amount of energy production capacity
  5  7 equivalent of all other facilities the board may find eligible
  5  8 under this chapter shall not exceed a combined output of
  5  9 fifty=three megawatts of nameplate generating capacity and,
  5 10 annually, one hundred sixty=seven billion British thermal units
  5 11 of heat for a commercial purpose. Of the maximum amount of
  5 12 energy production capacity equivalent of all other facilities
  5 13 found eligible under this chapter, no more than ten megawatts
  5 14 of nameplate generating capacity or energy production capacity
  5 15 equivalent shall be allocated to any one facility. Of the
  5 16 maximum amount of energy production capacity equivalent of all
  5 17 other facilities found eligible under this chapter, fifty=five
  5 18 billion British thermal units of heat for a commercial purpose
  5 19 shall be reserved annually for an eligible facility that is
  5 20 a refuse conversion facility for processed, engineered fuel
  5 21 from a multicounty solid waste management planning area. The
  5 22 maximum amount of energy production capacity the board may
  5 23 find eligible for a single refuse conversion facility is,
  5 24 annually, fifty=five billion British thermal units of heat for
  5 25 a commercial purpose.
  5 26    Sec. 11.  Section 476C.5, Code 2015, is amended by adding the
  5 27 following new unnumbered paragraph:
  5 28 NEW UNNUMBERED PARAGRAPH  For a renewable energy facility
  5 29 that has applied for eligibility approval on or after January
  5 30 1, 2008, but which is not operational as of the effective date
  5 31 of this Act, renewable energy tax credit certificates shall not
  5 32 be issued for renewable energy purchased or produced by the
  5 33 facility for on=site consumption on or after December 31, 2028.
  5 34    Sec. 12.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed
  5 35 of immediate importance, takes effect upon enactment.
  6  1    Sec. 13.  RETROACTIVE APPLICABILITY.
  6  2    1.  The section of this Act amending section 476C.3,
  6  3 subsection 4, paragraph "b", applies retroactively to January
  6  4 1, 2014, for tax years beginning on or after that date.
  6  5    2.  The sections of this Act amending section 422.11L,
  6  6 subsection 4, paragraph "a", section 422.33, subsection 29,
  6  7 paragraph "a", and section 422.60, subsection 12, paragraph
  6  8 "a", apply retroactively to January 1, 2015, for tax years
  6  9 beginning on or after that date.
  6 10    3.  The sections of this Act enacting section 422.11K,
  6 11 section 422.33, subsection 31, and section 422.60, subsection
  6 12 14, apply retroactively to January 1, 2015, for tax years
  6 13 beginning on or after that date.
  6 14                           EXPLANATION
  6 15 The inclusion of this explanation does not constitute agreement with
  6 16 the explanation's substance by the members of the general assembly.
  6 17    This bill modifies existing renewable energy tax credit
  6 18 provisions and enacts new renewable energy tax credit
  6 19 provisions.
  6 20    The bill establishes a wind energy system tax credit against
  6 21 the individual and corporate income tax and the franchise tax.
  6 22 The tax credit is equal to the sum of 50 percent of the federal
  6 23 residential energy efficient property credit related to small
  6 24 wind energy provided in section 25D(a)(4) of the Internal
  6 25 Revenue Code, not to exceed $5,000, and 50 percent of the
  6 26 federal energy credit related to small wind energy provided in
  6 27 section 48(a)(2)(A)(i)(IV) of the Internal Revenue Code, not
  6 28 to exceed $20,000.
  6 29    The bill provides that any credit in excess of the tax
  6 30 liability is not refundable but the excess for the tax year may
  6 31 be credited to the tax liability for the following 10 years or
  6 32 until depleted, whichever is earlier.
  6 33    The bill provides that a taxpayer who is eligible to claim
  6 34 the wind energy system tax credit shall not be eligible to
  6 35 claim a wind energy production tax credit under Code chapter
  7  1 476B or a renewable energy tax credit under Code chapter 476C.
  7  2  A taxpayer may claim more than one wind energy system tax
  7  3 credit but may claim only one credit per separate and distinct
  7  4 small wind energy system installation. The department shall
  7  5 establish criteria by rule for determining what constitutes a
  7  6 separate and distinct installation.
  7  7    The bill requires that a taxpayer must submit an application
  7  8 to the department for each separate and distinct wind energy
  7  9 installation for approval. The application must be filed by
  7 10 May 1 following the year of the installation of the small wind
  7 11 energy system.
  7 12    The bill states that each tax year the total amount of wind
  7 13 energy system tax credit claims that shall be paid shall not
  7 14 exceed the amount appropriated by the general assembly for that
  7 15 purpose.  If the total dollar amount of the  claims exceeds
  7 16 that amount, each claim shall be paid an amount equal to the
  7 17 amount appropriated divided by the total number of claims, not
  7 18 to exceed the amount of the taxpayer's claim.  If an amount
  7 19 of tax credits available for a tax year goes unclaimed, the
  7 20 amount of the unclaimed tax credits shall be made available for
  7 21 the following tax year in which an appropriation is made in
  7 22 addition to, and cumulated with, the amount appropriated for
  7 23 that following tax year.
  7 24    The bill requires the department, on or before January 1,
  7 25 annually, if tax credits have been claimed during the preceding
  7 26 tax year, to submit a written report to the governor and the
  7 27 general assembly regarding the number and value of tax credits
  7 28 claimed and any other information the department may deem
  7 29 relevant and appropriate.
  7 30    The provisions enacting the wind energy system tax credit
  7 31 are retroactively applicable to January 1, 2015, for tax years
  7 32 beginning on or after that date.
  7 33    The bill modifies provisions applicable to the solar energy
  7 34 system tax credit.  The bill provides that for solar energy
  7 35 system installations occurring on or after January 1, 2016,
  8  1 the percentages of the federal residential energy efficiency
  8  2 property credit related to solar energy and the federal energy
  8  3 credit related to solar energy which may be claimed shall be
  8  4 reduced from 60 percent to 50 percent.  The bill increases
  8  5 the cumulative value of solar energy system tax credits which
  8  6 may be claimed annually from $4 million to $6 million. These
  8  7 changes are correspondingly made to the corporate and franchise
  8  8 solar energy system tax credit provisions contained in Code
  8  9 sections 422.33 and 422.60.  These provisions are retroactively
  8 10 applicable to January 1, 2015, for tax years beginning on or
  8 11 after that date.
  8 12    With regard to renewable energy tax credit provisions
  8 13 contained in Code chapter 476C, the bill extends placement in
  8 14 service requirements for eligible renewable energy facilities
  8 15 that have applied for eligibility approval on or after
  8 16 January 1, 2008, but which are not operational on the bill's
  8 17 effective date, from January 1, 2017, to January 1, 2019.
  8 18 The bill correspondingly extends the period during which
  8 19 renewable energy tax credit certificates may be issued for such
  8 20 facilities by two years, from December 31, 2026, to December
  8 21 31, 2028.
  8 22    Additionally, the bill modifies references to the maximum
  8 23 amount of British thermal units of heat for a commercial
  8 24 purpose which may be included in energy production capacity
  8 25 equivalent qualifying for a renewable energy tax credit. Such
  8 26 references shall apply on an annual basis. These provisions
  8 27 are retroactively applicable to January 1, 2014, for tax years
  8 28 beginning on or after that date.
  8 29    Finally, the bill reserves one megawatt of nameplate
  8 30 generating capacity for wind energy conversion facilities
  8 31 installed within a small wind innovation zone established
  8 32 pursuant to Code section 476.48.  This reserved capacity
  8 33 commences January 1, 2016.
  8 34    The bill takes effect upon enactment.
       LSB 1698SV (2) 86
       rn/sc