2004 Legislation
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HOUSE BILL NO. 827 – Alternative energy/sales tax exmptn

HOUSE BILL NO. 827

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Bill Status



H0827...............................................by REVENUE AND TAXATION
ALTERNATIVE ENERGY - Adds to existing law to provide a sales tax exemption
for equipment and supplies, with an exception, to be used for an
alternative method of generation of electrical energy; to provide minimum
guidelines; and to provide definitions.
                                                                        
03/09    House intro - 1st rdg - to printing
03/10    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 827
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALES AND USE TAX; AMENDING CHAPTER 36, TITLE 63, IDAHO  CODE,
  3        BY THE ADDITION OF A NEW SECTION 63-3622QQ, IDAHO CODE, TO PROVIDE A SALES
  4        TAX  EXEMPTION FOR EQUIPMENT AND SUPPLIES WITH AN EXCEPTION TO BE USED FOR
  5        AN ALTERNATIVE METHOD OF GENERATION OF ELECTRICAL ENERGY, TO PROVIDE MINI-
  6        MUM GUIDELINES AND TO PROVIDE DEFINITIONS; DECLARING AN EMERGENCY AND PRO-
  7        VIDING A SUNSET DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 36, 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 63-3622QQ, Idaho Code, and to read as follows:
                                                                        
 12        63-3622QQ.  EQUIPMENT USED IN ALTERNATIVE METHOD OF  GENERATION  OF  ELEC-
 13    TRICITY.  There are exempted from the taxes imposed by this chapter, all sales
 14    of equipment and supplies, except hand tools as defined in  section  63-3622D,
 15    Idaho  Code,  to be used for an alternative method of generation of electrical
 16    energy on a facility with a capacity of generating at least two hundred  (200)
 17    watts  of  electricity.  The  "alternative  method of generation of electrical
 18    energy" means the generation of electrical energy from biomass, waste,  renew-
 19    able  resources  including solar, wind, geothermal resources, co-generation or
 20    any combination thereof. "Waste" includes landfill gas. "Landfill  gas"  means
 21    biomass  fuel  of  the  type qualified for federal tax credits under 26 U.S.C.
 22    section 29 collected from a landfill. "Landfill"  is  as  defined  in  section
 23    39-7403, Idaho Code.
                                                                        
 24        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 25    declared to exist, this act shall be in full force and effect on and after its
 26    passage and approval and shall be null, void and of no force and effect on and
 27    after July 1, 2010.

Statement of Purpose / Fiscal Impact


                                 
                     STATEMENT OF PURPOSE 
                            RS 14255

     This legislation exempts renewable energy producing
equipment and supplies from the sales tax imposed under Title 63,
chapter 36, Idaho Code.  This legislation is intended to create
parity among state sales tax policy in the Northwest and provide
Idaho renewable energy a meaningful opportunity to compete for
contracts worth hundreds of millions of dollars.

     
                          FISCAL IMPACT

      If there are no power contracts there is nothing to tax and
sales tax revenue from renewable projects remains zero.  County
revenue remains zero.  Landowner royalty revenue remains zero. 
Fiscal impact is zero.





Contact: Rich Rayhill
         Ridgeline Energy               
Phone:   (208)841-5037


STATEMENT OF PURPOSE/FISCAL NOTE                     H 827