February 16, 2007
HOUSE BILL No. 1548
_____
DIGEST OF HB 1548
(Updated February 13, 2007 12:24 pm - DI 114)
Citations Affected: IC 6-3.1; IC 15-9; noncode.
Synopsis: Various energy incentives. Provides various energy related
tax incentives. Establishes a biomass grant program. Appropriates
money to: (1) the biomass grant program; and (2) the Purdue
University technical assistance program.
Effective: July 1, 2007; January 1, 2008.
Stevenson
, Reske
, Buck
, Wolkins
January 23, 2007, read first time and referred to Committee on Technology, Research and
Development.
February 15, 2007, amended, reported _ Do Pass. Recommitted to Committee on Ways
and Means.
February 16, 2007
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1548
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-3.1-27-9.5; (07)HB1548.1.1. -->
SECTION 1. IC 6-3.1-27-9.5, AS AMENDED BY P.L.122-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 9.5. Except as provided in
IC 6-3.1-28-11(c), the total amount of credits allowed under:
(1) section 8 of this chapter;
(2) section 9 of this chapter; and
(3) IC 6-3.1-28;
may not exceed fifty million dollars ($50,000,000) for all taxpayers and
all taxable years beginning after December 31, 2004. The corporation
shall determine the maximum allowable amount for each type of credit,
which must be at least four million dollars ($4,000,000) for each type
of credit.
SOURCE: IC 6-3.1-28-11; (07)HB1548.1.2. -->
SECTION 2. IC 6-3.1-28-11, AS AMENDED BY P.L.122-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 11. (a) As used in this section, "cellulosic
ethanol" means ethanol derived solely from lignocellulosic or
hemicellulosic matter.
(b) The corporation shall determine the maximum amount of credits
that a taxpayer (or if the person producing the ethanol is a pass through
entity, the shareholders, partners, or members of the pass through
entity) is eligible to receive under this section. The total amount of
credits allowed a taxpayer (or, if the person producing the ethanol is a
pass through entity, the shareholders, partners, or members of the pass
through entity) under this chapter may not exceed a total of the
following amounts for all taxable years:
(1) Two million dollars ($2,000,000) in the case of a taxpayer
who produces at least forty million (40,000,000) but less than
sixty million (60,000,000) gallons of grain ethanol in a taxable
year.
(2) Three million dollars ($3,000,000) in the case of a taxpayer
who produces at least sixty million (60,000,000) gallons of grain
ethanol in a taxable year.
(3) Twenty million dollars ($20,000,000) in the case of a
taxpayer who produces at least forty million (40,000,000)
gallons of cellulosic ethanol in a taxable year.
(c) The total amount of tax credits allowed under this chapter
for a taxpayer who produces at least forty million (40,000,000)
gallons of cellulosic ethanol is not subject to the maximum amount
of tax credits imposed by IC 6-3.1-27-9.5.
SOURCE: IC 6-3.1-31; (07)HB1548.1.3. -->
SECTION 3. IC 6-3.1-31 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]:
Chapter 31. Energy Savings Tax Credit
Sec. 1. As used in this chapter, "energy star heating and cooling
equipment" means heating and cooling equipment that is rated for
energy efficiency under the federal energy star program.
Sec. 2. As used in this chapter, "energy star program" refers to
the program established by Section 324A of the federal Energy
Policy and Conservation Act.
Sec. 3. As used in this chapter, "heating and cooling equipment"
means:
(1) a furnace;
(2) a water heater;
(3) central air conditioning;
(4) a room air conditioner; and
(5) a programmable thermostat.
Sec. 4. As used in this chapter, "pass through entity" means:
(1) a corporation that is exempt from the adjusted gross
income tax under IC 6-3-2-2.8(2);
(2) a partnership;
(3) a limited liability company; or
(4) a limited liability partnership.
Sec. 5. As used in this chapter, "small business" has the meaning
set forth in IC 4-4-5.2-3.
Sec. 6. As used in this chapter, "state tax liability" means the
taxpayer's total tax liability that is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
(2) IC 27-1-18-2 (the insurance premiums tax); and
(3) IC 6-5.5 (the financial institutions tax);
as computed after the application of the credits that, under
IC 6-3.1-1-2, are to be applied before the credit provided by this
chapter.
Sec. 7. As used in this chapter, "taxpayer" means:
(1) an individual filing a single return;
(2) a married couple filing a joint return; or
(3) a small business;
that has any state tax liability.
Sec. 8. Subject to section 12 of this chapter, a taxpayer is
entitled to a credit against the taxpayer's state tax liability for a
taxable year equal to the lesser of the following:
(1) Twenty percent (20%) of the amount of expenditures for
energy star heating and cooling equipment incurred by the
taxpayer during the taxable year.
(2) One hundred dollars ($100).
Sec. 9. (a) If a pass through entity is entitled to a credit under
this chapter but does not have state tax liability against which the
credit may be applied, an individual who is a shareholder, partner,
or member of the pass through entity is entitled to a credit equal
to:
(1) the credit determined for the pass through entity for the
taxable year; multiplied by
(2) the percentage of the pass through entity's distributable
income to which the individual is entitled.
(b) The credit provided under subsection (a) is in addition to a
tax credit to which a shareholder, partner, or member of a pass
through entity is otherwise entitled under this chapter. However,
a pass through entity and an individual who is a shareholder,
partner, or member of the pass through entity may not claim more
than one (1) credit for the same expenditures for energy star
heating and cooling equipment.
Sec. 10. The amount of a credit claimed under this chapter may
not exceed a qualified taxpayer's state tax liability. A taxpayer is
not entitled to a carryback, carryover, or refund of an unused
credit.
Sec. 11. A taxpayer may not sell, assign, convey, or otherwise
transfer the tax credit provided by this chapter.
Sec. 12. (a) The total amount of tax credits allowed under this
chapter may not exceed one million dollars ($1,000,000) in a state
fiscal year.
(b) To receive a credit under this chapter, a taxpayer must have
the amount of the taxpayer's expenditures for energy star heating
and cooling equipment certified by the office of energy and defense
development. The office of energy and defense development may
not certify the amount of an expenditure if the certification would
result in the amount of tax credits awarded under this chapter
exceeding the amount of tax credits permitted under subsection (a).
Sec. 13. The office of energy and defense development shall
implement procedures for issuing the certifications required under
section 12 of this chapter.
Sec. 14. To receive the credit provided by this chapter, a
taxpayer must claim the credit on the taxpayer's annual state tax
return or returns in the manner prescribed by the department. The
taxpayer shall submit to the department all information that the
department determines is necessary for the calculation of the credit
provided by this chapter.
SOURCE: IC 6-3.1-32; (07)HB1548.1.4. -->
SECTION 4. IC 6-3.1-32 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]:
Chapter 32. Renewable Energy Systems Tax Credits
Sec. 1. As used in this chapter, "geothermal energy heating and
cooling system" means a system that is designed to use the natural
heat from the earth to provide hot water, produce electricity, or
generate heating or cooling.
Sec. 2. As used in this chapter, "pass through entity" means:
(1) a corporation that is exempt from the adjusted gross
income tax under IC 6-3-2-2.8(2);
(2) a partnership;
(3) a limited liability company; or
(4) a limited liability partnership.
Sec. 3. As used in this chapter, "renewable energy system"
means:
(1) a geothermal heating and cooling system; or
(2) a qualified wind energy system.
Sec. 4. As used in this chapter, "state tax liability" means the
taxpayer's total tax liability that is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
(2) IC 27-1-18-2 (the insurance premiums tax); and
(3) IC 6-5.5 (the financial institutions tax);
as computed after the application of the credits that, under
IC 6-3.1-1-2, are to be applied before the credit provided by this
chapter.
Sec. 5. As used in this chapter, "taxpayer" means:
(1) an individual filing a single return;
(2) a married couple filing a joint return; or
(3) a business;
that has any state tax liability.
Sec. 6. As used in this chapter, "qualified wind energy system"
means a device that uses the wind to generate not more than one
hundred (100) kilowatts.
Sec. 7. (a) This subsection applies only to a taxpayer who installs
a geothermal heating and cooling system during a taxable year.
Subject to section 11 of this chapter, a taxpayer is entitled to a
credit against the taxpayer's state tax liability for a taxable year
equal to the lesser of:
(1) twenty-five percent (25%) of the amount of expenditures
for a geothermal heating and cooling system incurred by the
taxpayer during the taxable year; or
(2) the following applicable amount:
(A) Two thousand five hundred dollars ($2,500), in the case
of a taxpayer who installs a geothermal heating and
cooling system for a structure containing fewer than ten
thousand (10,000) square feet.
(B) Five thousand dollars ($5,000), in the case of a taxpayer
who installs a geothermal heating and cooling system for
a structure containing at least ten thousand (10,000)
square feet.
(b) This subsection applies only to a taxpayer who installs a
wind turbine during a taxable year. Subject to section 11 of this
chapter, a taxpayer is entitled to a credit against the taxpayer's
state tax liability for a taxable year equal to the lesser of:
(1) fifteen percent (15%) of the amount of expenditures for a
qualified wind energy system incurred by the taxpayer during
the taxable year; or
(2) the following applicable amount:
(A) Two thousand five hundred dollars ($2,500), in the case
of a taxpayer who installs a qualified wind energy system
for a structure containing fewer than ten thousand (10,000)
square feet.
(B) Five thousand dollars ($5,000), in the case of a taxpayer
who installs a qualified wind energy system for a structure
containing at least ten thousand (10,000) square feet.
Sec. 8. (a) If a pass through entity is entitled to a credit under
this chapter but does not have state tax liability against which the
credit may be applied, an individual who is a shareholder, partner,
or member of the pass through entity is entitled to a credit equal
to:
(1) the credit determined for the pass through entity for the
taxable year; multiplied by
(2) the percentage of the pass through entity's distributable
income to which the individual is entitled.
(b) The credit provided under subsection (a) is in addition to a
tax credit to which a shareholder, partner, or member of a pass
through entity is otherwise entitled under this chapter. However,
a pass through entity and an individual who is a shareholder,
partner, or member of the pass through entity may not claim more
than one (1) credit for the same expenditures for a renewable
energy system.
Sec. 9. The amount of a credit claimed under this chapter may
not exceed a qualified taxpayer's state tax liability. A taxpayer is
not entitled to a carryback, carryover, or refund of an unused
credit.
Sec. 10. A taxpayer may not sell, assign, convey, or otherwise
transfer the tax credit provided by this chapter.
Sec. 11. (a) The amount of tax credits allowed under this chapter
may not exceed two million dollars ($2,000,000) in a state fiscal
year.
(b) To receive a credit under this chapter, a taxpayer must have
the amount of the taxpayer's expenditures for a renewable energy
system certified by the office of energy and defense development.
The office of energy and defense development may not certify the
amount of an expenditure if the certification would result in the
amount of tax credits awarded under this chapter exceeding the
amount of tax credits permitted under subsection (a).
Sec. 12. The office of energy and defense development shall
implement procedures for issuing the certifications required under
section 11 of this chapter.
Sec. 13. To receive the credit provided by this chapter, a
taxpayer must claim the credit on the taxpayer's annual state tax
return or returns in the manner prescribed by the department. The
taxpayer shall submit to the department all information that the
department determines is necessary for the calculation of the credit
provided by this chapter.
SOURCE: IC 6-3.1-33; (07)HB1548.1.5. -->
SECTION 5. IC 6-3.1-33 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]:
Chapter 33. Energy Efficiency Program Tax Credit
Sec. 1. As used in this chapter, "pass through entity" means:
(1) a corporation that is exempt from the adjusted gross
income tax under IC 6-3-2-2.8(2);
(2) a partnership;
(3) a limited liability company; or
(4) a limited liability partnership.
Sec. 2. As used in this chapter, "program" refers to the Purdue
University technical assistance program.
Sec. 3. As used in this chapter, "qualified cost" means any cost:
(1) recommended by the program; and
(2) incurred by a qualified taxpayer to improve the energy
efficiency of the qualified taxpayer's facilities.
Sec. 4. As used in this chapter, "qualified taxpayer" means a
taxpayer that has incurred at least five hundred thousand dollars
($500,000) in energy costs in a calendar year beginning after
December 31, 2004.
Sec. 5. As used in this chapter, "state tax liability" means the
taxpayer's total tax liability that is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
(2) IC 27-1-18-2 (the insurance premiums tax); and
(3) IC 6-5.5 (the financial institutions tax);
as computed after the application of the credits that, under
IC 6-3.1-1-2, are to be applied before the credit provided by this
chapter.
Sec. 6. As used in this chapter, "taxpayer" means any person,
corporation, limited liability company, partnership, or other entity
that has any state tax liability.
Sec. 7. (a) Subject to section 11 of this chapter, a qualified
taxpayer is entitled to a credit against the qualified taxpayer's state
tax liability for a taxable year if the qualified taxpayer:
(1) has, after December 31, 2006, received industrial energy
services from the program; and
(2) incurs qualified costs in the taxable year.
(b) The amount of the credit allowed under this chapter is equal
to the lesser of the following:
(1) The product of:
(A) the amount of the qualified costs incurred by the
qualified taxpayer in the taxable year; multiplied by
(B) ten percent (10%).
(2) Two hundred fifty thousand dollars ($250,000).
(c) Both:
(1) the qualified taxpayer's receipt of industrial energy
services from the program; and
(2) the amount of qualified costs incurred by the qualified
taxpayer in the taxable year;
must be certified by the program.
Sec. 8. (a) If a pass through entity is entitled to a credit under
this chapter but does not have state tax liability against which the
credit may be applied, an individual who is a shareholder, partner,
or member of the pass through entity is entitled to a credit equal
to:
(1) the credit determined for the pass through entity for the
taxable year; multiplied by
(2) the percentage of the pass through entity's distributable
income to which the individual is entitled.
(b) The credit provided under subsection (a) is in addition to a
tax credit to which a shareholder, partner, or member of a pass
through entity is otherwise entitled under this chapter. However,
a pass through entity and an individual who is a shareholder,
partner, or member of the pass through entity may not claim more
than one (1) credit for the same qualified costs.
Sec. 9. The amount of a credit claimed under this chapter may
not exceed a qualified taxpayer's state tax liability. A taxpayer is
not entitled to a carryback, carryover, or refund of an unused
credit.
Sec. 10. A taxpayer may not sell, assign, convey, or otherwise
transfer the tax credit provided by this chapter.
Sec. 11. The amount of tax credits allowed under this chapter
may not exceed two million five hundred thousand dollars
($2,500,000) in a state fiscal year.
Sec. 12. To receive the credit provided by this chapter, a
taxpayer must claim the credit on the taxpayer's annual state tax
return or returns in the manner prescribed by the department. The
taxpayer shall submit to the department the certifications required
under section 7 of this chapter and any other information that the
department determines is necessary for the calculation of the credit
provided by this chapter.
SOURCE: IC 6-3.1-34; (07)HB1548.1.6. -->
SECTION 6. IC 6-3.1-34 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]:
Chapter 34. Indiana Fueled Energy Investment Tax Credit
Sec. 1. As used in this chapter, "biomass" means any organic
matter that is available on a renewable basis, including
agricultural crops and agricultural wastes and residues, wood and
wood wastes and residues, animal wastes, municipal wastes, food
wastes, and aquatic plants.
Sec. 2. As used in this chapter, "corporation" means the Indiana
economic development corporation established by IC 5-28-3-1.
Sec. 3. As used in this chapter, "Indiana coal" has the meaning
set forth in IC 4-4-30-4.
Sec. 4. As used in this chapter, "Indiana fuel" means either of
the following:
(1) Any of the following when the fuel is gasified, liquefied, or
methanized:
(A) Biomass produced in Indiana.
(B) Indiana coal.
(C) Petroleum coke produced in Indiana.
(D) Oil shale located in Indiana.
(2) Coal mine methane when used in the production of power.
Sec. 5. As used in this chapter, "office" means the office of
energy and defense development.
Sec. 6. As used in this chapter, "pass through entity" means:
(1) a corporation that is exempt from the adjusted gross
income tax under IC 6-3-2-2.8(2);
(2) a partnership;
(3) a limited liability company;
(4) a limited liability partnership;
(5) a corporation organized under IC 8-1-13; or
(6) a corporation organized under IC 23-17-1 that:
(A) is an electric cooperative; and
(B) has at least one (1) member that is a corporation
organized under IC 8-1-13.
Sec. 7. As used in this chapter, "petroleum coke" means a
carbonaceous solid derived from the process of refining oil.
Sec. 8. As used in this chapter, "qualified investment" means a
taxpayer's expenditures for:
(1) all real and tangible personal property incorporated in
and used as part of a facility used to produce energy from
Indiana fuel; and
(2) transmission equipment and other real and personal
property located at the site of the energy production facility
that is employed specifically to serve the energy production
facility.
Sec. 9. As used in this chapter, "state tax liability" means the
taxpayer's total tax liability that is incurred under:
(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax);
(2) IC 27-1-18-2 (the insurance premiums tax);
(3) IC 6-5.5 (the financial institutions tax); and
(4) IC 6-2.3 (the utility receipts tax);
as computed after the application of the credits that, under
IC 6-3.1-1-2, are to be applied before the credit provided by this
chapter.
Sec. 10. As used in this chapter, "taxpayer" means any person,
corporation, limited liability company, partnership, or other entity
that:
(1) has any state tax liability; and
(2) makes a qualified investment.
Sec. 11. (a) A taxpayer that:
(1) is awarded a tax credit under this chapter by the office;
and
(2) complies with the conditions set forth in this chapter and
the agreement entered into by the corporation and the
taxpayer under this chapter;
is entitled to a credit against the taxpayer's state tax liability for a
taxable year in which the taxpayer places into service an energy
production facility using Indiana fuel and for the taxable years
provided in section 13 of this chapter.
(b) A tax credit awarded under this chapter must be applied
against the taxpayer's state tax liability in the following order:
(1) Against the taxpayer's liability incurred under IC 6-3-1
through IC 6-3-7 (the adjusted gross income tax).
(2) Against the taxpayer's liability incurred under IC 6-5.5
(the financial institutions tax).
(3) Against the taxpayer's liability incurred under
IC 27-1-18-2 (the insurance premiums tax).
(4) Against the taxpayer's liability incurred under IC 6-2.3
(the utility receipts tax).
Sec. 12. The amount of the credit to which a taxpayer is entitled
for a qualified investment is equal to the lesser of the following:
(1) The product of:
(A) the amount of the taxpayer's qualified investment;
multiplied by
(B) ten percent (10%).
(2) Fifty million dollars ($50,000,000).
Sec. 13. (a) A credit awarded under section 11 of this chapter
must be taken in ten (10) annual installments, beginning with the
year in which the taxpayer places into service the taxpayer's
energy production facility.
(b) The amount of an annual installment of the credit awarded
under section 11 of this chapter is equal to the quotient of:
(1) the credit amount determined under section 12 of this
chapter; divided by
(2) ten (10).
(c) If the credit allowed by this chapter is available to a member
of an affiliated group of corporations filing a consolidated return
under IC 6-2.3-6-5 or IC 6-3-4-14, the credit shall be applied
against the state tax liability of the affiliated group.
Sec. 14. (a) If a pass through entity is entitled to a credit under
this chapter but does not have state tax liability against which the
credit may be applied, an individual who is a shareholder, partner,
or member of the pass through entity is entitled to a credit equal
to:
(1) the credit determined for the pass through entity for the
taxable year; multiplied by
(2) in the case of a pass through entity described in:
(A) section 7(1), 7(2), 7(3), or 7(4) of this chapter, the
percentage of the pass through entity's distributable
income to which the individual is entitled; and
(B) section 7(5) or 7(6) of this chapter, the relative
percentage of the corporation's patronage dividends
allocable to the member for the taxable year.
(b) The credit provided under subsection (a) is in addition to a
tax credit to which a shareholder, partner, or member of a pass
through entity is otherwise entitled under this chapter. However,
a pass through entity and an individual who is a shareholder,
partner, or member of the pass through entity may not claim more
than one (1) credit for the same qualified investment.
Sec. 15. The amount of a credit claimed under this chapter may
not exceed a qualified taxpayer's state tax liability. A taxpayer is
not entitled to a carryback, carryover, or refund of an unused
credit.
Sec. 16. A taxpayer may not sell, assign, convey, or otherwise
transfer the tax credit provided by this chapter.
Sec. 17. (a) A person that proposes to place a new energy
production facility using Indiana fuel into service may apply to the
corporation before the taxpayer makes the qualified investment to
enter into an agreement for a tax credit under this chapter. The
corporation shall prescribe the form of the application.
(b) The office shall provide any technical assistance requested
by the corporation in the administration of this chapter.
Sec. 18. After receipt of an application, the corporation may
enter into an agreement with the applicant for a credit under this
chapter if the corporation determines that the taxpayer's proposed
investment satisfies the requirements of this chapter.
Sec. 19. (a) The corporation shall enter into an agreement with
an applicant that is awarded a credit under this chapter. The
agreement must include all the following:
(1) A detailed description of the project that is the subject of
the agreement.
(2) The first taxable year for which the credit may be claimed.
(3) The amount of the tax credit that, subject to section 15 of
this chapter, will be allowed for each taxable year.
(4) A requirement that the taxpayer shall maintain operations
at the project location for at least ten (10) years during the
term that the tax credit is available.
(5) A requirement that the taxpayer shall pay an average
wage to its employees at the energy production facility, other
than highly compensated employees, in each taxable year that
a tax credit is available, that equals at least one hundred
twenty-five percent (125%) of the average county wage in the
county in which the energy production facility is located.
(6) A requirement that the taxpayer will maintain at the
location where the qualified investment is made, during the
term of the tax credit, a total payroll that is at least equal to
the payroll that existed on the date that the taxpayer placed
the energy production facility into service.
(7) A requirement that one hundred percent (100%) of the
fuel used at the energy production facility must be Indiana
fuel.
(8) A requirement that the energy production facility will
comply with any energy efficiency or emission standard
recommended by the office and imposed by the corporation.
(b) A taxpayer must comply with the terms of the agreement
described in subsection (a) to receive an annual installment of the
tax credit awarded under this chapter. The corporation shall
annually determine whether the taxpayer is in compliance with the
agreement. If the corporation determines that the taxpayer is in
compliance, the corporation shall issue a certificate of compliance
to the taxpayer.
Sec. 20. To receive the credit awarded by this chapter, a
taxpayer must claim the credit on the taxpayer's annual state tax
return or returns in the manner prescribed by the department. The
taxpayer shall submit to the department a copy of the taxpayer's
certificate of compliance issued under section 19 of this chapter,
and all information that the department determines is necessary
for the calculation of the credit provided by this chapter.
SOURCE: IC 15-9-2-3; (07)HB1548.1.7. -->
SECTION 7. IC 15-9-2-3, AS AMENDED BY P.L.1-2006,
SECTION 294, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. The department shall do the
following:
(1) Provide administrative and staff support for the following:
(A) The center for value added research.
(B) The state fair board for purposes of administering the
director of the department of agriculture's duties under
IC 15-1.5-4.
(C) The Indiana corn marketing council for purposes of
administering the duties of the director of the department of
agriculture under IC 15-4-10.
(D) The Indiana organic peer review panel.
(E) The Indiana dairy industry development board for
purposes of administering the duties of the director of the
department of agriculture under IC 15-6-4.
(F) The Indiana land resources council.
(G) The Indiana grain buyers and warehouse licensing agency.
(H) The Indiana grain indemnity corporation.
(I) The division of soil conservation established by
IC 15-9-4-1.
(2) Administer the election of state fair board members.
(3) Administer state programs and laws promoting agricultural
trade.
(4) Administer state livestock or agriculture marketing grant
programs.
(5) Administer economic development efforts for agriculture.
(6) Promote and support the biomass grant program
established by IC 15-9-5-3.
SOURCE: IC 15-9-5; (07)HB1548.1.8. -->
SECTION 8. IC 15-9-5 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Chapter 5. Biomass Grant Program
Sec. 1. As used in this chapter, "office" means the office of
energy and defense development.
Sec. 2. As used in this chapter, "person" means an individual, a
partnership, a corporation, a limited liability company, an
unincorporated association, a governmental entity, or any other
legal entity.
Sec. 3. There is established the biomass grant program.
Sec. 4. The office shall award grants and administer the
program from funds appropriated to the office under section 6 of
this chapter.
Sec. 5. The department shall assist the office in carrying out the
office's duties under this chapter.
Sec. 6. There is annually appropriated two million dollars
($2,000,000) from the state general fund to the office for the
purpose of implementing this chapter.
Sec. 7. A person may apply on a form prescribed by the office
for a grant under this chapter to defray a part of the cost of
installing a biomass energy project that makes use of any of the
following technologies:
(1) Anaerobic digestion.
(2) Gasification.
(3) Fast pyrolysis.
Sec. 8. A grant awarded under this chapter may not exceed the
greater of:
(1) twenty-five percent (25%) of a person's biomass energy
project costs; or
(2) two hundred fifty thousand dollars ($250,000).
Sec. 9. The total amount of grants awarded under this chapter
in a state fiscal year may not exceed two million dollars
($2,000,000).
Sec. 10. This chapter expires July 1, 2009.
SOURCE: ; (07)HB1548.1.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2007]
(a) There is annually
appropriated to Purdue University six hundred thousand dollars
($600,000) from the state general fund for the operating expenses
of the technical assistance program's industrial energy services
program for the period beginning July 1, 2007, and ending June 30,
2009.
(b) There is annually appropriated to Purdue University five
hundred thousand dollars ($500,000) from the state general fund
for the operating expenses of the technical assistance program's
industrial energy services program for the period beginning July
1, 2009, and ending June 30, 2011.
(c) There is appropriated to Purdue University four hundred
thousand dollars ($400,000) from the state general fund for the
operating expenses of the technical assistance program's industrial
energy services program for the period beginning July 1, 2011, and
ending June 30, 2012.
(d) The money appropriated by this SECTION does not revert
to the state general fund at the close of any state fiscal year but
remains available to Purdue University until the purpose for which
it was appropriated is fulfilled.
(e) The Purdue University technical assistance program director
shall annually report the program activities funded under this
SECTION to the:
(1) office of energy and defense development; and
(2) legislative council.
A report submitted under this SECTION to the legislative council
must be in an electronic format under IC 5-14-6.
(f) This SECTION expires July 1, 2012.
SOURCE: ; (07)HB1548.1.10. -->
SECTION 10. [EFFECTIVE JANUARY 1, 2008]
(a)
IC 6-3.1-28-11, as amended by this act, applies to taxable years
beginning after December 31, 2007.
(b) IC 6-3.1-31, IC 6-3.1-32, IC 6-3.1-33, and IC 6-3.1-34, all as
added by this act, apply to taxable years beginning after December
31, 2007.