View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0761aa,aaS.........................................by REVENUE AND TAXATION INCOME TAX CREDIT - Adds to existing law to provide for an income tax credit for alternative energy generation of electricity for six taxable years of one-half cent per kilowatt hour. 02/25 House intro - 1st rdg - to printing 02/26 Rpt prt - to Rev/Tax 03/09 Rpt out - to Gen Ord 03/10 Rpt out amen - to engros 03/11 Rpt engros - 1st rdg - to 2nd rdg as amen 03/12 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 63-6-1 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Clark, Harwood, Henbest, Lake, McKague, Smith(24) Absent and excused -- McGeachin Floor Sponsor - Eskridge Title apvd - to Senate 03/15 Senate intro - 1st rdg - to Loc Gov 03/18 Rpt out - to 14th Ord Rpt out amen - to 1st rdg as amen 03/19 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 32-0-3 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand), Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Burtenshaw, Pearce, Sweet Floor Sponsor - Hill Title apvd - to House 03/20 House concurred in Senate amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 61-0-9 AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood NAYS -- None Absent and excused -- Bauer, Clark, Eberle, Harwood, Ridinger, Roberts, Smith(24), Trail, Mr. Speaker Floor Sponsor - Eskridge Title apvd - To enrol - Rpt enrol - Sp signed 03/20 Pres signed 03/22 To Governor 04/02 Governor VETOED
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 761 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAXATION; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 63-3029H, IDAHO CODE, TO PROVIDE FOR AN INCOME 4 TAX CREDIT FOR ALTERNATIVE ENERGY GENERATION OF ELECTRICITY FOR SIX TAX- 5 ABLE YEARS, TO PROVIDE THE AMOUNT OF THE CREDIT, TO PROVIDE PROCEDURES, TO 6 DEFINE TERMS AND TO PROVIDE FOR CARRYOVER AUTHORITY; DECLARING AN EMER- 7 GENCY, PROVIDING RETROACTIVE APPLICATION AND PROVIDING A SUNSET DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 30, Title 63, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 63-3029H, Idaho Code, and to read as follows: 12 63-3029H. INCOME TAX CREDIT FOR ALTERNATIVE ENERGY GENERATION OF ELEC- 13 TRICITY. (1) For taxable years beginning between January 1, 2004, and December 14 31, 2009, at the election of the taxpayer, there shall be allowed, subject to 15 the applicable limitations provided herein a credit against the income tax 16 imposed by chapter 30, title 63, Idaho Code, of one-half of one cent (0.5¢) 17 per kilowatt of electric energy generated by the taxpayer by alternative meth- 18 ods from a plant or hydropower facility that was constructed on or after Janu- 19 ary 1, 2004, and prior to January 1, 2010. In order to qualify for the credit 20 pursuant to this section, each and every individual, firm, partnership, common 21 law trust, corporation, association or other organization, now engaged or 22 hereafter to engage in the generation, manufacture or production of electric- 23 ity and electrical energy in the state of Idaho, through and by means of 24 alternative methods, for barter, sale, or exchange, and hereinafter referred 25 to as the "producer," shall on or before the last day of each calendar quar- 26 ter, render a statement to the state tax commission of the state of Idaho of 27 all such electricity and electrical energy so generated, manufactured or pro- 28 duced by him or it in the state of Idaho, during the preceding calendar quar- 29 ter. As used in this section, generation of electrical energy by alternative 30 methods shall mean generation from biomass, waste, renewable resources includ- 31 ing, but not limited to, solar, wind, low-impact hydro and pumped storage, 32 geothermal resources, co-generation or any combination thereof. As used 33 herein, low-impact hydro shall mean an electric generating facility utilizing 34 water for the generation of electricity, housed in a canal or reservoir and 35 not having a power production capacity greater than fifty (50) megawatts. 36 (2) The total credit allowed by this section and all other credits 37 allowed under this chapter except for the credits allowed under section 38 63-3029, Idaho Code, shall not exceed fifty percent (50%) of the tax liability 39 of the taxpayer. The tax liability of the taxpayer shall be the tax after 40 deducting the credit allowed by section 63-3029, Idaho Code. 41 (3) If the sum of the credit carryovers from the credit allowed by sub- 42 section (2) of this section and the amount of credit for the taxable year from 43 the credit allowed by subsection (2) of this section exceed the limitation 2 1 imposed by subsection (2) of this section for the current taxable year, the 2 excess attributable to the current taxable year's credit shall be a credit 3 carryover to the three (3) succeeding taxable years. The entire amount of 4 unused credit shall be carried forward to the earliest of the succeeding 5 years, wherein the oldest available unused credit shall be used first. 6 SECTION 2. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval, and retroactively to January 1, 2004; and this act shall 9 be null, void and of no force and effect on and after January 1, 2010.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Ridinger Seconded by Cuddy IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 761 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 17 following "kilowatt" insert: 3 "hour". 4 On page 2, following line 5, insert: 5 "(4) (a) Subject to the requirements of this subsection, a taxpayer who 6 earns and is entitled to the credit or to an unused portion of the credit 7 allowed by this section may transfer all or a portion of the unused credit 8 to: 9 (i) Another taxpayer required to file a return under this chapter; 10 or 11 (ii) To an intermediary for its use or for resale to a taxpayer 12 required to file a return under this chapter. 13 In the event of either such a transfer, the transferee may claim the 14 credit on the transferee's income tax return originally filed during the 15 calendar year in which the transfer takes place and, in the case of car- 16 ryover of the credit, on the transferee's returns for the number of years 17 of carryover available to the transferor at the time of the transfer 18 unless earlier exhausted. 19 (b) Before completing a transfer under this subsection, the transferor 20 shall notify the state tax commission of its intention to transfer the 21 credit and the identity of the transferee. The state tax commission shall 22 provide the transferor with a written statement of the amount of credit 23 available under this section as then appearing in the commission's records 24 and the number of years the credit may be carried over. The transferee 25 shall attach a copy of the statement to any return in regard to which the 26 transferred credit is claimed. 27 (c) In the event that after the transfer the state tax commission deter- 28 mines that the amount of credit properly available under this section is 29 less than the amount claimed by the transferor of the credit or that the 30 credit is subject to recapture, the commission shall assess the amount of 31 overstated or recaptured credit as taxes due from the transferor and not 32 the transferee. The assessment shall be made in the manner provided for a 33 deficiency in taxes under this chapter.". 34 CORRECTION TO TITLE 35 On page 1, delete line 6 and insert: "DEFINE TERMS, TO PROVIDE FOR CARRY- 36 OVER AUTHORITY AND TO PROVIDE TRANSFERABILITY; DECLARING AN EMER-". Moved by Hill Seconded by Stegner IN THE SENATE SENATE AMENDMENT TO H.B. NO. 761, As Amended ]]] 2 1 AMENDMENT TO SECTION 1 2 On page 2 of the engrossed bill, delete lines 7 through 35. 3 CORRECTION TO TITLE 4 On page 1, delete lines 6 and 7 and insert: "DEFINE TERMS AND TO PROVIDE 5 FOR CARRYOVER AUTHORITY; DECLARING AN EMERGENCY, PROVIDING RETROACTIVE APPLI- 6 CATION AND".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 761, As Amended, As Amended in the Senate BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAXATION; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 63-3029H, IDAHO CODE, TO PROVIDE FOR AN INCOME 4 TAX CREDIT FOR ALTERNATIVE ENERGY GENERATION OF ELECTRICITY FOR SIX TAX- 5 ABLE YEARS, TO PROVIDE THE AMOUNT OF THE CREDIT, TO PROVIDE PROCEDURES, TO 6 DEFINE TERMS AND TO PROVIDE FOR CARRYOVER AUTHORITY; DECLARING AN EMER- 7 GENCY, PROVIDING RETROACTIVE APPLICATION AND PROVIDING A SUNSET DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 30, Title 63, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 63-3029H, Idaho Code, and to read as follows: 12 63-3029H. INCOME TAX CREDIT FOR ALTERNATIVE ENERGY GENERATION OF ELEC- 13 TRICITY. (1) For taxable years beginning between January 1, 2004, and December 14 31, 2009, at the election of the taxpayer, there shall be allowed, subject to 15 the applicable limitations provided herein a credit against the income tax 16 imposed by chapter 30, title 63, Idaho Code, of one-half of one cent (0.5¢) 17 per kilowatt hour of electric energy generated by the taxpayer by alternative 18 methods from a plant or hydropower facility that was constructed on or after 19 January 1, 2004, and prior to January 1, 2010. In order to qualify for the 20 credit pursuant to this section, each and every individual, firm, partnership, 21 common law trust, corporation, association or other organization, now engaged 22 or hereafter to engage in the generation, manufacture or production of elec- 23 tricity and electrical energy in the state of Idaho, through and by means of 24 alternative methods, for barter, sale, or exchange, and hereinafter referred 25 to as the "producer," shall on or before the last day of each calendar quar- 26 ter, render a statement to the state tax commission of the state of Idaho of 27 all such electricity and electrical energy so generated, manufactured or pro- 28 duced by him or it in the state of Idaho, during the preceding calendar quar- 29 ter. As used in this section, generation of electrical energy by alternative 30 methods shall mean generation from biomass, waste, renewable resources includ- 31 ing, but not limited to, solar, wind, low-impact hydro and pumped storage, 32 geothermal resources, co-generation or any combination thereof. As used 33 herein, low-impact hydro shall mean an electric generating facility utilizing 34 water for the generation of electricity, housed in a canal or reservoir and 35 not having a power production capacity greater than fifty (50) megawatts. 36 (2) The total credit allowed by this section and all other credits 37 allowed under this chapter except for the credits allowed under section 38 63-3029, Idaho Code, shall not exceed fifty percent (50%) of the tax liability 39 of the taxpayer. The tax liability of the taxpayer shall be the tax after 40 deducting the credit allowed by section 63-3029, Idaho Code. 41 (3) If the sum of the credit carryovers from the credit allowed by sub- 42 section (2) of this section and the amount of credit for the taxable year from 43 the credit allowed by subsection (2) of this section exceed the limitation 2 1 imposed by subsection (2) of this section for the current taxable year, the 2 excess attributable to the current taxable year's credit shall be a credit 3 carryover to the three (3) succeeding taxable years. The entire amount of 4 unused credit shall be carried forward to the earliest of the succeeding 5 years, wherein the oldest available unused credit shall be used first. 6 SECTION 2. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after its 8 passage and approval, and retroactively to January 1, 2004; and this act shall 9 be null, void and of no force and effect on and after January 1, 2010. IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 761, As Amended BY REVENUE AND TAXATION COMMITTEE 10 AN ACT 11 RELATING TO INCOME TAXATION; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE 12 ADDITION OF A NEW SECTION 63-3029H, IDAHO CODE, TO PROVIDE FOR AN INCOME 13 TAX CREDIT FOR ALTERNATIVE ENERGY GENERATION OF ELECTRICITY FOR SIX TAX- 14 ABLE YEARS, TO PROVIDE THE AMOUNT OF THE CREDIT, TO PROVIDE PROCEDURES, TO 15 DEFINE TERMS, TO PROVIDE FOR CARRYOVER AUTHORITY AND TO PROVIDE TRANSFER- 16 ABILITY; DECLARING AN EMERGENCY, PROVIDING RETROACTIVE APPLICATION AND 17 PROVIDING A SUNSET DATE. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 3. That Chapter 30, Title 63, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 21 ignated as Section 63-3029H, Idaho Code, and to read as follows: 22 63-3029H. INCOME TAX CREDIT FOR ALTERNATIVE ENERGY GENERATION OF ELEC- 23 TRICITY. (1) For taxable years beginning between January 1, 2004, and December 24 31, 2009, at the election of the taxpayer, there shall be allowed, subject to 25 the applicable limitations provided herein a credit against the income tax 26 imposed by chapter 30, title 63, Idaho Code, of one-half of one cent (0.5¢) 27 per kilowatt hour of electric energy generated by the taxpayer by alternative 28 methods from a plant or hydropower facility that was constructed on or after 29 January 1, 2004, and prior to January 1, 2010. In order to qualify for the 30 credit pursuant to this section, each and every individual, firm, partnership, 31 common law trust, corporation, association or other organization, now engaged 32 or hereafter to engage in the generation, manufacture or production of elec- 33 tricity and electrical energy in the state of Idaho, through and by means of 34 alternative methods, for barter, sale, or exchange, and hereinafter referred 35 to as the "producer," shall on or before the last day of each calendar quar- 36 ter, render a statement to the state tax commission of the state of Idaho of 37 all such electricity and electrical energy so generated, manufactured or pro- 38 duced by him or it in the state of Idaho, during the preceding calendar quar- 39 ter. As used in this section, generation of electrical energy by alternative 40 methods shall mean generation from biomass, waste, renewable resources includ- 41 ing, but not limited to, solar, wind, low-impact hydro and pumped storage, 42 geothermal resources, co-generation or any combination thereof. As used 43 herein, low-impact hydro shall mean an electric generating facility utilizing 44 water for the generation of electricity, housed in a canal or reservoir and 45 not having a power production capacity greater than fifty (50) megawatts. 3 1 (2) The total credit allowed by this section and all other credits 2 allowed under this chapter except for the credits allowed under section 3 63-3029, Idaho Code, shall not exceed fifty percent (50%) of the tax liability 4 of the taxpayer. The tax liability of the taxpayer shall be the tax after 5 deducting the credit allowed by section 63-3029, Idaho Code. 6 (3) If the sum of the credit carryovers from the credit allowed by sub- 7 section (2) of this section and the amount of credit for the taxable year from 8 the credit allowed by subsection (2) of this section exceed the limitation 9 imposed by subsection (2) of this section for the current taxable year, the 10 excess attributable to the current taxable year's credit shall be a credit 11 carryover to the three (3) succeeding taxable years. The entire amount of 12 unused credit shall be carried forward to the earliest of the succeeding 13 years, wherein the oldest available unused credit shall be used first. 14 (4) (a) Subject to the requirements of this subsection, a taxpayer who 15 earns and is entitled to the credit or to an unused portion of the credit 16 allowed by this section may transfer all or a portion of the unused credit 17 to: 18 (i) Another taxpayer required to file a return under this chapter; 19 or 20 (ii) To an intermediary for its use or for resale to a taxpayer 21 required to file a return under this chapter. 22 In the event of either such a transfer, the transferee may claim the 23 credit on the transferee's income tax return originally filed during the 24 calendar year in which the transfer takes place and, in the case of car- 25 ryover of the credit, on the transferee's returns for the number of years 26 of carryover available to the transferor at the time of the transfer 27 unless earlier exhausted. 28 (b) Before completing a transfer under this subsection, the transferor 29 shall notify the state tax commission of its intention to transfer the 30 credit and the identity of the transferee. The state tax commission shall 31 provide the transferor with a written statement of the amount of credit 32 available under this section as then appearing in the commission's records 33 and the number of years the credit may be carried over. The transferee 34 shall attach a copy of the statement to any return in regard to which the 35 transferred credit is claimed. 36 (c) In the event that after the transfer the state tax commission deter- 37 mines that the amount of credit properly available under this section is 38 less than the amount claimed by the transferor of the credit or that the 39 credit is subject to recapture, the commission shall assess the amount of 40 overstated or recaptured credit as taxes due from the transferor and not 41 the transferee. The assessment shall be made in the manner provided for a 42 deficiency in taxes under this chapter. 43 SECTION 4. An emergency existing therefor, which emergency is hereby 44 declared to exist, this act shall be in full force and effect on and after its 45 passage and approval, and retroactively to January 1, 2004; and this act shall 46 be null, void and of no force and effect on and after January 1, 2010.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS13823C1 This legislation would provide an income tax credit of one-half cent per kilowatt for electric energy generated by wind turbines, solar energy, low impact hydro, industrial waste, animal waste, municipal waste, geothermal resources and other renewable resources. The facility would have to be constructed after January 1, 2004, to qualify. FISCAL IMPACT The production credit is based on one half of one cent per kilowatt of electric energy generated by alternative means. If we can assume that 120 MW (120,000KW) new power annually were to be generated and meet the tests of the statute, then multiplying the production figures of 120,000 kilowatt hours times 8760 times .30 for load capacity times .005 (one half of one cent); this would pencil out to $1,576,800 annually per 120 MW of new load that comes on line that meets the credit criteria. Again the tax liability is limited to 50% of the tax liability of the taxpayer so that resultant loss would appear to be in the $788,400 range annually. It is assumed that the tax credits would add up exponentially so that $1,576,800 would be taken in the second year, $2,365,200 the third year, $3,153,600 the fourth year, $3,941,600 the fifth year and $4,730,000 the last year of the credit. Again the argument would be there about moneys coming to the general fund from additional income and sales taxes paid in constructing the plant. Also it would depend on the income of the entity claiming the credit as well. Contact: Name: Senator Brent Hill Representative George Eskridge Committee on Energy Phone: 332-1000. STATEMENT OF PURPOSE/FISCAL NOTE H 761AA