Connecticut 2025 2025 Regular Session

Connecticut House Bill HB07266 Introduced / Bill

Filed 03/26/2025

                         
 
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General Assembly  Raised Bill No. 7266  
January Session, 2025 
LCO No. 6789 
 
 
Referred to Committee on FINANCE, REVENUE AND 
BONDING  
 
 
Introduced by:  
(FIN)  
 
 
 
 
AN ACT ESTABLISHING A UNIFORM SOLAR CAPACITY TAX. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2025) (a) As used in this section: 1 
(1) "Solar photovoltaic system" means equipment and devices that 2 
(A) have the primary purpose of collecting solar energy and generating 3 
electricity by photovoltaic effect, (B) have a nameplate capacity greater 4 
than two megawatts of electricity, and (C) the nameplate capacity of 5 
such equipment and devices exceeds the load for the location where 6 
such generation is located; 7 
(2) "Municipality" means any town, city, consolidated town and city 8 
or consolidated town and borough; and 9 
(3) "Uniform solar capacity tax year" means the annual accounting 10 
period used to calculate the tax under this section, consisting of a 11 
twelve-month period commencing on July first and ending the 12 
following June thirtieth. 13     
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(b) Except as provided in subsection (h) of this section, for uniform 14 
solar capacity tax years commencing on and after July 1, 2026, each 15 
person that owns a solar photovoltaic system in the state for generation 16 
or displacement of energy shall pay an annual tax to the department of 17 
finance of each municipality in which the system or any part thereof is 18 
located, or, if the municipality does not have a department of finance, to 19 
the tax collector for such municipality. For the uniform solar capacity 20 
tax year commencing July 1, 2026, the tax shall be the product of the base 21 
amount of twelve thousand dollars multiplied by the number of 22 
megawatts, and any fractional portion thereof, of nameplate capacity for 23 
each such system. Commencing with the uniform solar capacity tax year 24 
commencing July 1, 2027, and each uniform solar capacity tax year 25 
thereafter, the base amount shall be increased by two per cent. If a solar 26 
photovoltaic system has multiple owners, each owner shall be jointly 27 
and severally liable for the tax owed pursuant to this section. 28 
(c) The Office of Policy and Management shall develop a form to be 29 
submitted with the tax due under this section. Not later than July 31, 30 
2025, the department of finance in each municipality, or, for any 31 
municipality that does not have a department of finance, the tax 32 
collector of such municipality, shall furnish such form upon request. 33 
The tax imposed under this section shall be due and payable on the due 34 
date or due dates of such return, as determined by the department of 35 
finance or tax collector, as applicable. The department of finance or tax 36 
collector, as applicable, may require a single annual payment of the tax 37 
imposed under this section or may require semiannual or quarterly 38 
installments of such payment. Such tax shall be due and collectible as 39 
other property taxes and subject to the same liens and processes of 40 
collection. 41 
(d) The revenues produced by the tax imposed under this section 42 
shall become part of the general revenue of the municipality in which 43 
the tax is paid. 44 
(e) If a solar photovoltaic system is located in more than one 45     
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municipality, the tax shall be allocated between or among the 46 
municipalities in proportion to the nameplate capacity of the solar 47 
photovoltaic system located in each municipality. 48 
(f) Whenever the tax imposed under this section is not paid when due 49 
to the department of finance or tax collector, as applicable, in a 50 
municipality, interest at the rate of one and one-half per cent per month 51 
or fraction thereof shall accrue on such tax from the due date of such tax 52 
until the date of payment. 53 
(g) Any person claiming to be aggrieved by the action of a 54 
department of finance or tax collector under this section may appeal the 55 
tax to the Superior Court. Any person appealing the tax that pays a 56 
portion of such tax during the pendency of such appeal and indicates 57 
that such portion is paid "under protest" shall not be liable for any 58 
interest on the tax, provided such person pays not less than seventy-five 59 
per cent of the amount of the tax assessed by the municipality during 60 
the time limits prescribed by the department of finance or tax collector, 61 
as applicable, in such municipality in accordance with this section. 62 
(h) (1) Any municipality acting through its board of selectmen, town 63 
council, court of common council or other legislative body shall have 64 
the power to enter into an agreement to freeze or stabilize the tax 65 
imposed under this section for any owner of a solar photovoltaic system 66 
located in such municipality, as provided in this subsection. 67 
(2) With respect to any photovoltaic system located in more than one 68 
municipality, such agreement shall only pertain to the tax that is 69 
allocated to the municipality that enters into such agreement, in 70 
accordance with the provisions of subsection (e) of this section. 71 
(i) For purposes of calculating the nameplate capacity of a solar 72 
photovoltaic system, the following shall be deemed to be part of the 73 
same solar photovoltaic system: (1) All equipment and devices that have 74 
the primary purpose of collecting solar energy and generating electricity 75 
by photovoltaic effect that are located on the same parcel; (2) all 76     
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equipment and devices that have the primary purpose of collecting solar 77 
energy and generating electricity by photovoltaic effect that are located 78 
on land that the current owner of any part of such land subdivided into 79 
multiple parcels but was part of the same parcel prior to such 80 
subdivision; and (3) all equipment and devices that have the primary 81 
purpose of collecting solar energy and generating electricity by 82 
photovoltaic effect that are located on adjoining parcels. Nothing in this 83 
subsection shall be construed to limit tax liability or the definitions in 84 
subsection (a) of this section. 85 
Sec. 2. Subdivision (57) of section 12-81 of the general statutes is 86 
repealed and the following is substituted in lieu thereof (Effective October 87 
1, 2025): 88 
(57) (A) (i) Any Class I renewable energy source, as defined in section 89 
16-1, or hydropower facility described in subdivision (21) of subsection 90 
(a) of section 16-1, installed for the generation of electricity where such 91 
electricity is intended for private residential use or on a farm, as defined 92 
in subsection (q) of section 1-1, provided (I) such installation occurs on 93 
or after October 1, 2007, (II) the estimated annual production of such 94 
source or facility does not exceed the estimated annual load for the 95 
location where such source or facility is located, where such load and 96 
production are estimated as of the date of installation of the source or 97 
facility as indicated in the written application filed pursuant to 98 
subparagraph [(E)] (G) of this subdivision, and (III) such installation is 99 
for a single family dwelling, a multifamily dwelling consisting of two to 100 
four units or a farm; (ii) any passive or active solar water or space 101 
heating system; or (iii) any geothermal energy resource. In the case of 102 
clause (i) of this subparagraph, the utilization of or participation in any 103 
net metering or tariff policy or program implemented by the state or 104 
ownership of such source or facility by a party other than the owner of 105 
the real property upon which such source or facility is installed shall not 106 
disqualify such source or facility from exemption pursuant to this 107 
section. In the case of clause (ii) or (iii) of this subparagraph, such 108 
exemption shall apply only to the amount by which the assessed 109     
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valuation of the real property equipped with such system or resource 110 
exceeds the assessed valuation of such real property equipped with the 111 
conventional portion of the system or resource; 112 
(B) For assessment years commencing on and after October 1, 2013, 113 
any Class I renewable energy source, as defined in section 16-1, 114 
hydropower facility described in subdivision (21) of subsection (a) of 115 
section 16-1, or solar thermal or geothermal renewable energy source, 116 
installed for generation or displacement of energy, provided (i) such 117 
installation occurs on or after January 1, 2010, (ii) such installation is for 118 
commercial or industrial purposes, (iii) the nameplate capacity of such 119 
source or facility does not exceed the load for the location where such 120 
generation or displacement is located, and (iv) such source or facility is 121 
located in a distressed municipality, as defined in section 32-9p, with a 122 
population between one hundred twenty-five thousand and one 123 
hundred thirty-five thousand; 124 
(C) For assessment years commencing on and after October 1, 2013, 125 
any municipality may, upon approval by its legislative body or in any 126 
town in which the legislative body is a town meeting, by the board of 127 
selectmen, abate up to one hundred per cent of property tax for any 128 
Class I renewable energy source, as defined in section 16-1, hydropower 129 
facility described in subdivision (21) of subsection (a) of section 16-1, or 130 
solar thermal or geothermal renewable energy source, installed for 131 
generation or displacement of energy, provided (i) such installation 132 
occurs between January 1, 2010, and December 31, 2013, (ii) such 133 
installation is for commercial or industrial purposes, (iii) the nameplate 134 
capacity of such source or facility does not exceed the load for the 135 
location where such generation or displacement is located, and (iv) such 136 
source or facility is not located in a municipality described in 137 
subparagraph (B) of this subdivision; 138 
(D) [For] Subject to the provisions of subparagraph (E) of this 139 
subdivision, for assessment years commencing on and after October 1, 140 
2014, any (i) Class I renewable energy source, as defined in section 16-1, 141     
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other than a nuclear power generating facility, (ii) hydropower facility 142 
described in subdivision (21) of subsection (a) of section 16-1, or (iii) 143 
solar thermal or geothermal renewable energy source, installed for 144 
generation or displacement of energy, provided (I) such installation 145 
occurs on or after January 1, 2014, (II) is for commercial or industrial 146 
purposes, (III) the nameplate capacity of such source or facility does not 147 
exceed the load for the location where such generation or displacement 148 
is located or the aggregated load of the beneficial accounts for any Class 149 
I renewable energy source participating in virtual net metering 150 
pursuant to section 16-244u, and (IV) in the case of clause (iii) of this 151 
subparagraph, such exemption shall apply only to the amount by which 152 
the assessed valuation of the real property equipped with such source 153 
exceeds the assessed valuation of such real property equipped with the 154 
conventional portion of the source; 155 
(E) For assessment years commencing on and after October 1, 2025, 156 
the exemption provided for under clause (i) of subparagraph (D) of this 157 
subdivision shall apply only to equipment and devices that have the 158 
primary purpose of generating electricity and shall not apply to any real 159 
property on which such equipment and devices are located or installed; 160 
(F) For assessment years commencing on and after October 1, 2025, 161 
any Class I renewable energy source consisting of equipment and 162 
devices that have the primary purpose of collecting solar energy and 163 
generating electricity by photovoltaic effect. The exemption under this 164 
subparagraph shall apply only to equipment and devices that have the 165 
primary purpose of generating electricity and shall not apply to any real 166 
property on which such equipment and devices are located or installed; 167 
[(E)] (G) Any person claiming [the] an exemption provided in this 168 
subdivision for any assessment year shall, on or before the first day of 169 
November in such assessment year, file with the assessor or board of 170 
assessors in the town in which such hydropower facility, Class I 171 
renewable energy source, solar thermal or geothermal renewable 172 
energy source or passive or active solar water, [or] space heating system 173     
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or geothermal energy resource or solar photovoltaic system is located, a 174 
written application claiming such exemption. Such application shall be 175 
made on a form prepared for such purpose by the Secretary of the Office 176 
of Policy and Management, in consultation with the Connecticut 177 
Association of Assessing Officers and the Connecticut Green Bank 178 
established pursuant to section 16-245n, and shall include, but not be 179 
limited to, a statement of the estimated annual load and production of a 180 
source or facility described in clause (i) of subparagraph (A) of this 181 
subdivision as of the date of the installation of such source or facility. 182 
Said secretary shall make such application available to the public on the 183 
Internet web site of the Office of Policy and Management. Failure to file 184 
such application in the manner and form as provided by the secretary 185 
within the time limit prescribed shall constitute a waiver of the right to 186 
such exemption for such assessment year. Such application shall not be 187 
required for any assessment year following that for which the initial 188 
application is filed, provided if such hydropower facility, Class I 189 
renewable energy source, solar thermal or geothermal renewable 190 
energy source or passive or active solar water, [or] space heating system 191 
or geothermal energy resource or solar photovoltaic system is altered in 192 
a manner [which] that would require a building permit, such alteration 193 
shall be deemed a waiver of the right to such exemption until a new 194 
application, applicable with respect to such altered source, is filed and 195 
the right to such exemption is established as required initially. [In the 196 
event that] If a person owns more than one such source, [or] facility or 197 
system in a municipality, such person may file a single application 198 
identifying each source, [or] facility or system; 199 
[(F)] (H) For assessment years commencing on and after October 1, 200 
2015, any municipality may, by vote of its legislative body or, in a 201 
municipality where the legislative body is a town meeting, by vote of 202 
the board of selectmen, abate up to one hundred per cent of the property 203 
taxes due for any tax year, for not longer than the term of the power 204 
purchase agreement, with respect to any Class I renewable energy 205 
source, as defined in section 16-1, that is the subject of such power 206     
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purchase agreement approved by the Public Utilities Regulatory 207 
Authority pursuant to section 16a-3f; 208 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2025 New section 
Sec. 2 October 1, 2025 12-81(57) 
 
Statement of Purpose:   
To establish a uniform solar capacity tax on solar photovoltaic systems. 
 
[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.]