Text: HF200            Text: HF202
Complete Bill History


House File 201

HOUSE FILE BY REICHERT Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for a property tax credit for certain apartment 2 buildings and rental units meeting certification requirements 3 for designation as a green building, making an appropriation, 4 and including an effective and applicability date provision. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1894HH 83 7 rn/sc/5 PAG LIN 1 1 Section 1. NEW SECTION. 425B.1 GREEN APARTMENT OR RENTAL 1 2 UNIT BUILDING PROPERTY TAX CREDIT FUND. 1 3 There is created as a permanent fund in the office of the 1 4 treasurer of state a fund to be known as the green apartment 1 5 or rental unit building property tax credit fund. For the 1 6 purposes of establishing and maintaining this fund, for each 1 7 fiscal year there is appropriated from the general fund of the 1 8 state and deposited into the green apartment or rental unit 1 9 building property tax credit fund an amount sufficient to 1 10 implement this chapter. 1 11 Sec. 2. NEW SECTION. 425B.2 DEFINITIONS. 1 12 As used in this chapter, unless the context otherwise 1 13 requires: 1 14 1. "Apartment building" means the land and building used 1 15 primarily for human habitation and containing three or more 1 16 separate living quarters, as well as structures and 1 17 improvements used primarily as a part of or in conjunction 1 18 with such land and building. "Apartment building" does not 1 19 include a hotel, motel, inn, or other building where rooms are 1 20 usually rented for less than one month, a nursing home, or a 1 21 rest home. 1 22 2. "Department" means the department of public safety. 1 23 3. "Duplex" means the land and building used primarily for 1 24 human habitation and containing two separate living quarters, 1 25 as well as structures and improvements used primarily as a 1 26 part of or in conjunction with such land and building. 1 27 4. "Energy star designation" means qualification pursuant 1 28 to a joint program of the United States environmental 1 29 protection agency and the United States department of energy 1 30 certifying appliances and homes which meet specified energy 1 31 efficiency guidelines. 1 32 5. "Green apartment or rental unit building" means one of 1 33 the following building classifications which, either through 1 34 renovation or new construction, meets the LEED silver rating 1 35 standard of the United States green building council, the 2 1 energy star designation, a high energy efficiency score based 2 2 upon the HERS index, or one or more other standards or 2 3 designations as established by the department by rule: 2 4 a. A nonowner=occupied single=family residence or duplex. 2 5 b. A duplex in which one of the two units is 2 6 owner=occupied. 2 7 c. An apartment building. 2 8 6. "HERS index" means a home energy rating system score 2 9 established by the residential energy services network in 2 10 which a home is compared to the energy specifications of a 2 11 reference home and assigned an energy efficiency score. 2 12 7. "LEED silver rating standard" means the United States 2 13 green building council leadership in energy and environmental 2 14 design rating standard for green buildings, referred to as the 2 15 silver standard. 2 16 8. "Property owner" or "owner" means the owner or owners 2 17 of property, as shown by the transfer books in the office of 2 18 the county auditor of the county in which the property is 2 19 located. 2 20 9. "Rental unit" means a duplex or nonowner=occupied 2 21 single=family residence. 2 22 Sec. 3. NEW SECTION. 425B.3 WHERE CREDIT GIVEN == 2 23 APPORTIONMENT == PAYMENT. 2 24 1. The green apartment or rental unit building property 2 25 tax credit fund shall be apportioned each year so as to give a 2 26 credit against the tax levied on fifteen percent of the 2 27 assessed valuation of a single=family residence or 2 28 nonowner=occupied duplex, twenty percent of the assessed 2 29 valuation of a duplex in which one of the two units is 2 30 owner=occupied and which qualifies for the homestead tax 2 31 credit pursuant to sections 425.1 through 425.15, and thirty 2 32 percent of the assessed valuation of an apartment. 2 33 2. The director of the department of administrative 2 34 services shall issue warrants on the green apartment or rental 2 35 unit building property tax credit fund payable under this 3 1 chapter to the county treasurer of the several counties of the 3 2 state. The amount due each county shall be paid in two 3 3 payments on November 15 and March 15 of each fiscal year, 3 4 drawn upon warrants payable to the respective county 3 5 treasurers. The two payments shall be as nearly equal as 3 6 possible. 3 7 3. The amount of credits shall be apportioned by each 3 8 county treasurer to the several taxing districts as provided 3 9 by law, in the same manner as though the amount of the credit 3 10 had been paid by the owner. However, the several taxing 3 11 districts shall not draw the funds so credited until after the 3 12 semiannual allocations have been received by the county 3 13 treasurer, as provided in this chapter. Each county treasurer 3 14 shall show on each tax receipt the amount received from the 3 15 green apartment or rental unit building property tax credit 3 16 fund. 3 17 4. The green apartment or rental unit building property 3 18 tax credit allowed in this chapter shall not exceed the actual 3 19 amount of taxes payable on a green apartment or rental unit 3 20 building, exclusive of any special assessments levied against 3 21 the building. 3 22 Sec. 4. NEW SECTION. 425B.4 CLAIM FOR CREDIT. 3 23 1. A claim for credit shall be made on claim forms 3 24 prescribed by the department of revenue and made available by 3 25 the appropriate assessor. In addition to the completed claim 3 26 form, the owner shall supply a legible copy of a green 3 27 building property tax credit eligibility certificate obtained 3 28 from the department of public safety. The claim shall be 3 29 filed not later than July 1 of the year for which the owner is 3 30 claiming the credit. A claim filed after July 1 of the year 3 31 for which the person is claiming the credit shall be 3 32 considered as a claim filed for the following year. 3 33 2. Upon the filing and allowance of the claim, the claim 3 34 shall be allowed on the green apartment or rental unit 3 35 building each year that the building receives certification 4 1 pursuant to section 425B.5 as long as the building continues 4 2 to be legally or equitably owned by the owner and the owner 4 3 files the certification with the assessor by July 1 of each 4 4 year. If the building is sold, the credit for the period 4 5 after the sale which would have been allowable under this 4 6 chapter to the prior owner had the building not been sold 4 7 shall be allowable to the new owner. A tax credit for the 4 8 year of sale shall be allocated between the parties on the 4 9 basis of the number of days during such year that the building 4 10 was owned by each. 4 11 Sec. 5. NEW SECTION. 425B.5 GREEN APARTMENT OR RENTAL 4 12 UNIT BUILDING ELIGIBILITY CERTIFICATE. 4 13 1. Prior to submitting a claim for a green apartment or 4 14 rental unit building property tax credit, an owner shall 4 15 obtain from an architect or professional engineer licensed to 4 16 practice in this state, a local building department inspector, 4 17 or a local contractor, certified in green building 4 18 construction methodologies identified by the department 4 19 pursuant to section 425B.2, subsection 5, a completed green 4 20 apartment or rental unit building eligibility certificate. 4 21 2. The eligibility certificate shall consist of a 4 22 certificate, under seal, that the building with respect to 4 23 which the credit is claimed is a green apartment or rental 4 24 unit building. The initial eligibility certification shall be 4 25 made in accordance with the standards and guidelines in effect 4 26 at the time the property which is the basis for the credit was 4 27 renovated or newly constructed in a form and in a manner as 4 28 prescribed by the department by rule, and shall set forth the 4 29 specific findings upon which the certification was based. 4 30 Eligibility certification obtained annually thereafter shall 4 31 be made in accordance with the standards and guidelines in 4 32 effect at the time the property which is the basis for the 4 33 credit is subsequently certified. 4 34 3. The eligibility certificate shall include sufficient 4 35 information to identify the building subject to the 5 1 certificate, and such other information as the department 5 2 shall require. An eligibility certificate must be renewed on 5 3 an annual basis pursuant to the same certification procedure 5 4 as applicable to initial certification. The owner shall file 5 5 with the department, on an annual basis, a copy of each 5 6 eligibility certificate obtained. An owner obtaining an 5 7 eligibility certificate shall be entitled to advertise an 5 8 apartment or rental unit as being a certified green apartment 5 9 or rental unit building. 5 10 Sec. 6. NEW SECTION. 425B.6 COMPUTATION BY AUDITOR. 5 11 1. The credit, if allowed, shall be computed by the county 5 12 auditor on or before August 1 of each year for which a green 5 13 apartment or rental unit building shall be eligible in an 5 14 amount equal to the tax levied on the applicable percentage of 5 15 the property's assessed valuation. On or before August 1, the 5 16 auditor shall certify the total amount of the credits to the 5 17 department of revenue. 5 18 2. A person whose claim for a green apartment or rental 5 19 unit building property tax credit is denied may file an appeal 5 20 with the department within sixty days from the date of denial 5 21 pursuant to the provisions of chapter 17A. 5 22 Sec. 7. NEW SECTION. 425B.7 RULES. 5 23 The department of public safety, with assistance from the 5 24 department of natural resources, shall adopt rules adopting 5 25 standards for a building to qualify as a green apartment or 5 26 rental unit building. The department of public safety and the 5 27 department of revenue shall adopt additional rules necessary 5 28 to administer this chapter. 5 29 Sec. 8. EFFECTIVE AND APPLICABILITY DATES. This Act, 5 30 being deemed of immediate importance, takes effect upon 5 31 enactment and applies to property taxes due and payable in 5 32 fiscal years beginning on or after July 1, 2009. 5 33 EXPLANATION 5 34 This bill provides a property tax credit for green 5 35 apartment or rental unit buildings. The bill creates a green 6 1 apartment or rental unit building property tax credit fund, 6 2 and provides for a standing unlimited annual appropriation 6 3 from the general fund of the state to the green apartment or 6 4 rental unit building property tax credit fund in an amount 6 5 sufficient to pay the green apartment or rental unit building 6 6 property tax credits. 6 7 The credit shall consist of an amount computed against the 6 8 assessed valuation of a single=family residence or 6 9 nonowner=occupied duplex, a duplex in which one of the units 6 10 is owner=occupied, or an apartment, as defined in the bill, 6 11 equal to 15, 20, and 30 percent of the assessed value 6 12 respectively, and shall continue on an ongoing basis provided 6 13 that annual certification is obtained. The bill specifies 6 14 procedures regarding transferring the credit to a successor 6 15 owner, claiming the credit, obtaining a green apartment or 6 16 rental unit building eligibility certificate from the 6 17 department of public safety on an annual basis, submitting a 6 18 certificate completed by a professional certified in green 6 19 building construction with the claim to the department of 6 20 revenue, and filing a copy with the department of public 6 21 safety. 6 22 The bill provides that the department of public safety, 6 23 with assistance from the department of natural resources, 6 24 shall adopt rules adopting standards for a building to qualify 6 25 as a green apartment or rental unit building. The bill 6 26 further provides that the department of revenue shall adopt 6 27 additional rules necessary to administer the bill's 6 28 provisions. 6 29 The bill takes effect upon enactment and applies to 6 30 property taxes due and payable in fiscal years beginning on or 6 31 after July 1, 2009. 6 32 LSB 1894HH 83 6 33 rn/sc/5
Text: HF200            Text: HF202 Complete Bill History