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General Assembly Committee Bill No. 527
January Session, 2019
LCO No. 6442
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT PERMITTING MUNICIPALITIES TO COMBINE THE
PROPERTY ASSESSMENTS OF MULTIPLE ELECTRIC GENERATING
FACILITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 32-71a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage, and 2
applicable to assessment years commencing on and after October 1, 2018): 3
(a) Any electric generating facility, the construction of which is 4
completed after July 1, 1998, may be treated for the purposes of section 5
32-71 as if it were located in an enterprise zone and used for 6
commercial or retail purposes. Notwithstanding the provisions of 7
section 32-71, upon the approval of a municipality's legislative body, 8
either before or after July 1, 2001, the full amount of either assessments 9
or taxes may be fixed for the real and personal property of such electric 10
generating facility both during and after the construction period, 11
provided such assessments or taxes as so fixed represent an 12
approximation of the projected tax liability of such facility based on a 13
reasonable estimation of its fair market value as determined by the 14
municipality upon the exercise of its best efforts. 15
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(b) Any new electric generating facility, the construction of which is 16
completed after July 1, 2003, may be treated for the purposes of section 17
32-71 as if it were located in an enterprise zone and used for 18
commercial or retail purposes, provided: (1) The owner of such facility 19
has negotiated a tax agreement with the municipality in which such 20
facility would be located; and (2) such agreement has been approved 21
by the municipality's legislative body between January 1, 2002, and 22
February 28, 2002. Notwithstanding the provisions of section 32-71, 23
upon approval of such municipality's legislative body, either before or 24
after June 14, 2002, up to the full amount of either assessments or taxes 25
may be fixed for the real and personal property of such electric 26
generating facility both during and after the construction period, 27
provided such assessments or taxes as so fixed represent an 28
approximation of the commensurate portion of the projected tax 29
liability of such facility based on a reasonable estimation of its fair 30
market value as determined by the municipality upon the exercise of 31
its best efforts. 32
(c) Any new electric generating facility, the construction of which is 33
completed after July 1, 2003, may be treated for the purposes of section 34
32-71 as if it were located in an enterprise zone and used for 35
commercial or retail purposes, provided the municipality in which 36
such facility is located is under state governance. Notwithstanding the 37
provisions of section 32-71, upon approval of such municipality's 38
legislative body, either before or after June 14, 2002, up to the full 39
amount of either assessments or taxes may be fixed for the real and 40
personal property of such electric generating facility both during and 41
after the construction period, provided such assessments or taxes as so 42
fixed represent an approximation of the commensurate portion of the 43
projected tax liability of such facility based on a reasonable estimation 44
of its fair market value as determined by the municipality upon the 45
exercise of its best efforts. 46
(d) Any existing electric generating facility, the construction of 47
which is completed before July 1, 1998, and any new electric 48
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generating facility, the construction of which is completed after July 1, 49
2019, which new electric generating facility is constructed at the same 50
location as such existing electric generating facility, may be treated 51
collectively as one combined electric generating facility for the 52
purposes of section 32-71 as if such combined electric generating 53
facility were located in an enterprise zone and used for commercial or 54
retail purposes. Notwithstanding the provisions of section 32-71, upon 55
the approval, either before or after July 1, 2019, of the legislative body 56
of the municipality in which such combined electric generating facility 57
is located, the full amount of either assessments or taxes may be fixed 58
for the real and personal property of both such existing and new 59
electric generating facilities before, during and after the construction 60
period of such new electric generating facility, provided such 61
assessments or taxes as so fixed represent an approximation of the 62
projected tax liability of such combined electric generating facility 63
based on a reasonable estimation of its fair market value as determined 64
by the municipality upon the exercise of its best efforts. 65
[(d)] (e) As used in this section, "electric generating facility" means a 66
facility, as defined in subdivision (3) of subsection (a) of section 16-50i. 67
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage, and
applicable to assessment
years commencing on and
after October 1, 2018
32-71a
Statement of Purpose:
To permit municipalities to combine real and personal property
assessments of multiple electric generating facilities.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]
Co-Sponsors: SEN. LESSER, 9th Dist.; SEN. ABRAMS, 13th Dist.
REP. SERRA, 33rd Dist.; REP. PHIPPS, 100th Dist.
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S.B. 527