LCO No. 6789 1 of 8 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 Raised Bill No. 7266 LCO No. 6789 2 of 8 (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 Raised Bill No. 7266 LCO No. 6789 3 of 8 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 Raised Bill No. 7266 LCO No. 6789 4 of 8 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 Raised Bill No. 7266 LCO No. 6789 5 of 8 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 Raised Bill No. 7266 LCO No. 6789 6 of 8 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 Raised Bill No. 7266 LCO No. 6789 7 of 8 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 Raised Bill No. 7266 LCO No. 6789 8 of 8 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.]