Connecticut 2021 Regular Session

Connecticut Senate Bill SB00993 Compare Versions

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7-General Assembly Substitute Bill No. 993
4+LCO No. 4233 1 of 4
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6+General Assembly Raised Bill No. 993
87 January Session, 2021
8+LCO No. 4233
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11+Referred to Committee on ENERGY AND TECHNOLOGY
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13+
14+Introduced by:
15+(ET)
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14-AN ACT ASSESSING AN ANNUAL FEE AGAINST C ERTAIN CLASS I
15-RENEWABLE ENERGY SOU RCE INSTALLATIONS.
20+AN ACT REMOVING THE PROPERTY TAX EXEMPTI ON FOR SOLAR
21+PROJECTS AND RECLASS IFYING THE TAX CALCULATION OF
22+SOLAR PROJECTS ON SI NGLE PARCELS OF LAND .
1623 Be it enacted by the Senate and House of Representatives in General
1724 Assembly convened:
1825
19-Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section: 1
20-(1) "Class I renewable energy source" has the same meaning as 2
21-provided in section 16-1 of the general statutes; 3
22-(2) "Person" has the same meaning as provided in section 16-1 of the 4
23-general statutes; 5
24-(3) "Plant capacity" means a non-solar plant's rated electrical 6
25-nameplate capacity; and 7
26-(4) "Solar energy plant capacity" means a solar energy plant's 8
27-aggregate alternating current nameplate capacity for all inverters used 9
28-to convert said plant's energy output to alternating current. 10
29-(b) (1) Any person who installs a Class I renewable energy source for 11
30-generation or displacement of energy shall pay an annual assessment 12
31-fee of five dollars per kilowatt of plant capacity or solar energy plant 13
32-capacity to the municipality where such installation is located, provided 14
33-(A) such installation is completed on or after July 1, 2021, (B) the annual 15
34-production in kilowatt-hours of such source or facility is designed to 16 Substitute Bill No. 993
26+Section 1. Subdivision (57) of section 12-81 of the general statutes is 1
27+repealed and the following is substituted in lieu thereof (Effective October 2
28+1, 2021, and applicable to tax assessment years commencing on and after 3
29+October 1, 2021): 4
30+(57) (A) (i) Any Class I renewable energy source, as defined in section 5
31+16-1, or hydropower facility described in subdivision (21) of subsection 6
32+(a) of section 16-1, installed for the generation of electricity capacity 7
33+greater than seven megawatts for private residential use or on a farm, 8
34+as defined in subsection (q) of section 1-1, provided such installation 9
35+occurs on or after October 1, 2007, and further provided such installation 10
36+is for a single family dwelling, a multifamily dwelling consisting of two 11
37+to four units or a farm, (ii) any passive or active solar water or space 12
38+heating system, or (iii) any geothermal energy resource. In the case of 13
39+clause (i) of this subparagraph, such installations occurring on a single 14 Raised Bill No. 993
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41-exceed the annual load for the location where such generation or 17
42-displacement is located, and (C) such source or facility has a plant 18
43-capacity or solar energy plant capacity greater than fifty kilowatts. 19
44-(2) Any person subject to subdivision (1) of subsection (b) of this 20
45-section shall file with the tax collector of such municipality where such 21
46-installation is located, in such form and manner as the tax collector 22
47-prescribes, an annual declaration stating the amount of kilowatt plant 23
48-capacity or solar energy plant capacity and the fee amount calculated 24
49-thereon. Such fee shall be due and payable and collectible as municipal 25
50-taxes and subject to the same liens and processes of collection. 26
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45+parcel of land shall aggregate the nameplate capacity of each installation 15
46+in the written application pursuant to subparagraph (E) of this section. 16
47+In the case of clause (ii) or (iii) of this subparagraph, such exemption 17
48+shall apply only to the amount by which the assessed valuation of the 18
49+real property equipped with such system or resource exceeds the 19
50+assessed valuation of such real property equipped with the 20
51+conventional portion of the system or resource; 21
52+(B) For assessment years commencing on and after October 1, 2013, 22
53+any Class I renewable energy source, as defined in section 16-1, 23
54+hydropower facility described in subdivision (21) of subsection (a) of 24
55+section 16-1, or solar thermal or geothermal renewable energy source, 25
56+installed for generation or displacement of energy, provided (i) such 26
57+installation occurs on or after January 1, 2010, (ii) such installation is for 27
58+commercial or industrial purposes, (iii) the nameplate capacity of such 28
59+source or facility does not exceed the load for the location where such 29
60+generation or displacement is located, and (iv) such source or facility is 30
61+located in a distressed municipality, as defined in section 32-9p, with a 31
62+population between one hundred twenty-five thousand and one 32
63+hundred thirty-five thousand; 33
64+(C) For assessment years commencing on and after October 1, 2013, 34
65+any municipality may, upon approval by its legislative body or in any 35
66+town in which the legislative body is a town meeting, by the board of 36
67+selectmen, abate up to one hundred per cent of property tax for any 37
68+Class I renewable energy source, as defined in section 16-1, hydropower 38
69+facility described in subdivision (21) of subsection (a) of section 16-1, or 39
70+solar thermal or geothermal renewable energy source, installed for 40
71+generation or displacement of energy, provided (i) such installation 41
72+occurs between January 1, 2010, and December 31, 2013, (ii) such 42
73+installation is for commercial or industrial purposes, (iii) the nameplate 43
74+capacity of such source or facility does not exceed the load for the 44
75+location where such generation or displacement is located, and (iv) such 45
76+source or facility is not located in a municipality described in 46
77+subparagraph (B) of this subdivision; 47 Raised Bill No. 993
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83+(D) For assessment years commencing on and after October 1, 2014, 48
84+any (i) Class I renewable energy source, as defined in section 16-1, (ii) 49
85+hydropower facility described in subdivision (21) of subsection (a) of 50
86+section 16-1, or (iii) solar thermal or geothermal renewable energy 51
87+source, installed for generation or displacement of energy, provided (I) 52
88+such installation occurs on or after January 1, 2014, (II) is for commercial 53
89+or industrial purposes, (III) the nameplate capacity of such source or 54
90+facility does not exceed the load for the location where such generation 55
91+or displacement is located or the aggregated load of the beneficial 56
92+accounts for any Class I renewable energy source participating in virtual 57
93+net metering pursuant to section 16-244u, and (IV) in the case of clause 58
94+(iii) of this subparagraph, such exemption shall apply only to the 59
95+amount by which the assessed valuation of the real property equipped 60
96+with such source exceeds the assessed valuation of such real property 61
97+equipped with the conventional portion of the source; 62
98+(E) Any person claiming the exemption provided in this subdivision 63
99+for any assessment year shall, on or before the first day of November in 64
100+such assessment year, file with the assessor or board of assessors in the 65
101+town in which such hydropower facility, Class I renewable energy 66
102+source, solar thermal or geothermal renewable energy source or passive 67
103+or active solar water or space heating system or geothermal energy 68
104+resource is located, a written application claiming such exemption. 69
105+Failure to file such application in the manner and form as provided by 70
106+such assessor or board within the time limit prescribed shall constitute 71
107+a waiver of the right to such exemption for such assessment year. Such 72
108+application shall not be required for any assessment year following that 73
109+for which the initial application is filed, provided if such hydropower 74
110+facility, Class I renewable energy source, solar thermal or geothermal 75
111+renewable energy source or passive or active solar water or space 76
112+heating system or geothermal energy resource is altered in a manner 77
113+which would require a building permit, such alteration shall be deemed 78
114+a waiver of the right to such exemption until a new application, 79
115+applicable with respect to such altered source, is filed and the right to 80
116+such exemption is established as required initially; 81 Raised Bill No. 993
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122+(F) For assessment years commencing on and after October 1, 2015, 82
123+any municipality may, by vote of its legislative body or, in a 83
124+municipality where the legislative body is a town meeting, by vote of 84
125+the board of selectmen, abate up to one hundred per cent of the property 85
126+taxes due for any tax year, for not longer than the term of the power 86
127+purchase agreement, with respect to any Class I renewable energy 87
128+source, as defined in section 16-1, that is the subject of such power 88
129+purchase agreement approved by the Public Utilities Regulatory 89
130+Authority pursuant to section 16a-3f; 90
51131 This act shall take effect as follows and shall amend the following
52132 sections:
53133
54-Section 1 July 1, 2021 New section
134+Section 1 October 1, 2021, and
135+applicable to tax
136+assessment years
137+commencing on and after
138+October 1, 2021
139+12-81(57)
55140
56-ET Joint Favorable Subst.
141+Statement of Purpose:
142+To remove the property tax exemption for solar projects under seven
143+megawatts and reclassify the tax calculation of solar projects on single
144+parcels of land.
145+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
146+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
147+underlined.]
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