1.A producer or purchaser of renewable energy may apply to the commission for a
written determination regarding whether a facility is an eligible renewable energy facility by
submitting to the commission a written application containing all of the following:
3 RENEWABLE ENERGY TAX CREDIT, §476C.3
a.Information regarding the ownership of the facility including the percentage of equity
interest held by each owner.
b.The nameplate generating capacity of the facility or energy production capacity
equivalent.
c.Information regarding the facility’s initial placement in service.
d.Informationregardingthetypeoffacilityandwhattypeofrenewableenergythefacility
will produce.
e.Except when the renewable energy is produced for on-site consumption by the
producer, a copy of the power purchase agree
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1. A producer or purchaser of renewable energy may apply to the commission for a
written determination regarding whether a facility is an eligible renewable energy facility by
submitting to the commission a written application containing all of the following:
3 RENEWABLE ENERGY TAX CREDIT, §476C.3
a. Information regarding the ownership of the facility including the percentage of equity
interest held by each owner.
b. The nameplate generating capacity of the facility or energy production capacity
equivalent.
c. Information regarding the facility’s initial placement in service.
d. Informationregardingthetypeoffacilityandwhattypeofrenewableenergythefacility
will produce.
e. Except when the renewable energy is produced for on-site consumption by the
producer, 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 purchaser of renewable energy as eligible to apply for
the renewable energy tax credit.
f. Any other information the commission may require.
2. The commission shall review the application and supporting information and shall
make a preliminary determination regarding whether the facility is an eligible renewable
energy facility. The commission shall notify the applicant of the approval or denial of the
application within thirty days of receipt of the application and information required. If the
commission fails to notify the applicant of the approval or denial within thirty days, the
application shall be deemed denied unless the application is placed on a waiting list as
described in subsection 6. An applicant who receives a determination denying an application
may file an appeal with the commission within thirty days from the date of the denial
pursuant to the provisions of chapter 17A. In the absence of a timely appeal, the preliminary
determination shall be final. If the application is incomplete, the commission may grant an
extension of time for the provision of additional information.
3. a. A facility that is not operational within thirty months after issuance of an approval
for the facility by the commission shall cease to be an eligible renewable energy facility.
However, a wind energy conversion facility that is approved as eligible under this section but
is not operational within eighteen months due to the unavailability of necessary equipment
shall be granted an additional twenty-four months to become operational.
b. A facility which notifies the commission prior to the expiration of the time periods
specified in paragraph “a” that the facility intends to become operational and wishes to
preserve its eligibility shall be granted a twelve-month extension. An extension may be
renewed for succeeding twelve-month periods if the commission is notified prior to the
expiration of the extension of the continued intention to become operational during the
succeeding period of extension.
c. If the owner of a facility discontinues efforts to achieve operational status, the owner
shallnotifythecommission. Uponreceiptofsuchnotification,thecommissionshallnolonger
consider the facility as an eligible renewable energy facility under this chapter.
d. A facility that is granted and thereafter loses approval may reapply to the commission
for a new determination.
4. a. The maximum amount of nameplate generating capacity of all wind energy
conversion facilities the commission may find eligible under this chapter shall not exceed
three hundred sixty-three megawatts of nameplate generating capacity.
b. The maximum amount of energy production capacity equivalent of all other facilities
the commission may find eligible under this chapter shall not exceed a combined output
of sixty-three megawatts of nameplate generating capacity and, annually, one hundred
sixty-seven billion British thermal units of heat for a commercial purpose.
(1) Of the maximum amount of energy production capacity equivalent of all other
facilities found eligible under this chapter, no more than ten megawatts of nameplate
generating capacity or energy production capacity equivalent shall be allocated to any one
facility.
(2) Of the maximum amount of energy production capacity equivalent of all other
facilities found eligible under this chapter, fifty-five billion British thermal units of heat
for a commercial purpose shall be reserved annually for an eligible facility that is a
refuse conversion facility for processed, engineered fuel from a multicounty solid waste
management planning area. The maximum amount of energy production capacity the
§476C.3, RENEWABLE ENERGY TAX CREDIT 4
commission may find eligible for a single refuse conversion facility is, annually, fifty-five
billion British thermal units of heat for a commercial purpose.
(3) (a) Of the maximum amount of energy production capacity equivalent of all other
facilities found eligible under this chapter, ten megawatts of nameplate generating capacity
or energy production equivalent shall be reserved for solar energy conversion facilities that
meet all of the following requirements:
(i) The facility has a generating capacity of one and one-half megawatts or less.
(ii) The facility is owned, in whole or in part, directly or indirectly, or is contracted for, by
utilities described in section 476C.1, subsection 6, paragraph “b”, subparagraphs (4) and (5).
(iii) The facility is located in this state.
(iv) The facility meets the requirements of section 476C.1, subsection 6, paragraphs “d”
through “f”.
(b) A solar energy conversion facility that meets the requirements of and is found eligible
under subparagraph division (a) shall be considered an “eligible renewable energy facility”
for purposes of this chapter, notwithstanding any contrary provisions of section 476C.1,
subsection 6.
5. a. Notwithstanding the definition of “eligible renewable energy facility” in section
476C.1, subsection 6, unnumbered paragraph 1, of the maximum amount of energy
production capacity equivalent of all other facilities found eligible pursuant to subsection
4, paragraph “b”, an amount equivalent to ten megawatts of nameplate generating capacity
shall be reserved for natural gas, methane and landfill gas, or biogas cogeneration facilities
incorporated within or associated with an ethanol plant to assist the ethanol plant in meeting
a low carbon fuel standard. Thermal heat generated by the cogeneration facility and used
for a commercial purpose may be counted toward satisfying the ten megawatt reservation
requirement.
b. A facility that has been granted eligibility pursuant to paragraph “a” for a natural gas
cogeneration facility incorporated within or associated with an ethanol plant prior to July 1,
2014, shall not be required to submit a new application if the facility constructs or utilizes
methane and landfill gas or biogas cogeneration facilities on or after that date and does not
make any other significant changes to the facility or to its status as an eligible facility under
paragraph “a”.
6. The commission shall maintain a waiting list of facilities that may have been found
eligible under this section but for the maximum capacity restrictions of subsection 4. The
priority of the waiting list shall be maintained in the order the applications were received
by the commission. The commission shall remove from the waiting list any facility that
has subsequently been found ineligible under this chapter. If additional capacity becomes
available within the capacity restrictions of subsection 4, the commission shall grant
approval to facilities according to the priority of the waiting list before granting approval to
new applications. An owner of a facility on the waiting list shall provide the commission
each year by August 31 with a sworn statement of verification stating that the information
contained in the application for eligibility remains true and correct or stating that the
information has changed and providing the new information.
7. a. An owner meeting the requirements of section 476C.1, subsection 6, paragraph
“b”, shall not be an owner of more than two eligible renewable energy facilities. A person
that has an equity interest equal to or greater than fifty-one percent in an eligible renewable
energy facility shall not have an equity interest greater than ten percent in any other eligible
renewable energy facility. This paragraph “a” shall not apply to facilities described in
subsection 4, paragraph “b”, subparagraph (3).
b. An entity described in section 476C.1, subsection 6, paragraph “b”, subparagraphs (4)
or(5), shallnothaveanownershipinterestinmorethanfourfacilitiesdescribedinsubsection
4, paragraph “b”, subparagraph (3).