Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 15 - Cogeneration and Small Power Production › Rule 199-15.19 - Certification of Eligibility for Wind Energy and Renewable Energy Tax Credits Under Iowa Code Chapter 476c

Current through Register Vol. 47, No. 3, July 24, 2024
Any person applying for certification of eligibility for
				  state tax credits for wind energy or renewable energy pursuant to Iowa Code
				  section 476C.3 is subject to this rule.
(1)
Filing requirements.
Any
				person applying for certification of eligibility for wind energy or renewable
				energy tax credits must file with the commission an application that contains
				substantially all of the following information:
a. Information regarding the applicant,
				including the legal name, address, telephone number, and (as applicable)
				facsimile transmission number and electronic mail address of the
				applicant.
b. Information regarding
				the ownership of the facility, including the legal name of each owner,
				information demonstrating the legal status of each owner, and the percentage of
				equity interest held by each owner. The "legal status of each owner" refers to
				either ownership of a small wind energy system operating in a small wind
				innovation zone as defined in Iowa Code section 476.48(1)  and 199-15.22 (476),
				or, alternatively, the ownership requirements of Iowa Code section
				476C.1(6)
"b,"
which provides that an eligible renewable energy
				facility must be at least 51 percent owned by one or more or any combination of
				the following:
(1) A resident of
				Iowa;
(2) An authorized farm
				corporation, authorized limited liability company, or authorized trust, as
				defined in Iowa Code section 9H.1;
(3) A family farm corporation, family farm
				limited liability company, or family farm trust, as defined in Iowa Code
				section 9H.1;
(4) A revocable trust
				as defined in Iowa Code section 9H.1;
(5) A testamentary trust as defined in Iowa
				Code section 9H.1;
(6) A small
				business as defined in Iowa Code section 15.102;
(7) An electric cooperative association
				organized pursuant to Iowa Code chapter 499 that sells electricity to end users
				located in Iowa or has one or more members organized pursuant to Iowa Code
				chapter 499, a municipally owned city utility as defined in Iowa Code section
				362.2, or a public utility subject to rate regulation pursuant to Iowa Code
				chapter 476;
(8) A cooperative
				corporation organized pursuant to Iowa Code chapter 497 or a limited liability
				corporation organized pursuant to Iowa Code chapter 489 whose shares and
				membership are held by an entity that is not prohibited from owning
				agricultural land under Iowa Code chapter 9H; or
(9) A school district located in
				Iowa.
c. A statement
				attesting that each owner meeting the eligibility requirements of Iowa Code
				section 476C.1(6)
"b"
does not have an ownership interest in
				more than two eligible renewable energy facilities.
d. For any owner meeting the eligibility
				requirements of Iowa Code section 476C.1(6)
"b"
with an equity
				interest in the facility equal to or greater than 51 percent, a statement
				attesting that the owner does not have an equity interest greater than 10
				percent in any other eligible renewable energy facility.
e. For any owner meeting the eligibility
				requirements of Iowa Code section 476C.1(6)
"b"
with an equity
				interest in the facility greater than 10 percent and less than 51 percent, a
				statement attesting that the owner does not have an equity interest equal to or
				greater than 51 percent in any other eligible renewable energy
				facility.
f. A description of the
				facility, including at a minimum the following information:
(1) Type of facility (that is, a wind energy
				conversion facility, biogas recovery facility, biomass conversion facility,
				methane gas recovery facility, solar energy conversion facility, or refuse
				conversion facility, as defined in Iowa Code section 476C.1);
(2) Total nameplate generating capacity
				rating, plus maximum hourly output capability for any energy production
				capacity equivalent as defined in Iowa Code section 476C.1. For applications
				filed on or after July 1, 2011, the facility's combined nameplate capacity or
				energy production capacity equivalent must be no less than three-fourths of a
				megawatt if all or part of the facility's renewable energy production is used
				for the owners' on-site consumption, and no more than 60 megawatts if the
				facility is not a wind energy conversion facility;
(3) A description of the location of the
				facility in Iowa, including an address or other geographic
				identifier;
(4) The date the
				facility is expected to be placed in service; that is, placed in service on or
				after July 1, 2005, but before January 1, 2017, for eligibility under Iowa Code
				chapter 476C; and
(5) For
				eligibility under Iowa Code chapter 476C, demonstration that the facility's
				combined MW nameplate generating capacity and maximum hourly output capability
				of energy production capacity equivalent (as defined in Iowa Code section
				476C.1(7)), divided by the number of separate owners meeting the requirements
				of Iowa Code chapter 476C, equals no more than 2.5 MW of capacity per eligible
				owner.
g. A signed
				statement from the owners attesting that the owners intend to either sell all
				the renewable energy produced by the facility, consume all the renewable energy
				on site, or use all the renewable energy through a combination of sale and
				consumption. For purposes of the signed statement, renewable energy consumed on
				site means any renewable energy produced by the facility and not
				sold.
h. If the owners intend to
				sell renewable energy produced by the facility, a copy of the power purchase
				agreement or other agreement to purchase electricity, hydrogen fuel, methane or
				other biogas, or heat for a commercial purpose, which shall designate either
				the producer or the purchaser as eligible to apply for the renewable energy tax
				credit. If the power purchase agreement or other agreement has not yet been
				finalized and executed, the commission will accept a binding statement from the
				applicant that designates which party will be eligible to apply for the
				renewable energy tax credit; that designation shall not be subject to
				change.
i. A statement indicating
				the type of tax credit being sought; that is, indicating that the applicant is
				applying for tax credits pursuant to Iowa Code chapter 476C (1.5 cents per kWh,
				wind and other renewable energy tax credits).