1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 213 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR FITZWATER. |
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8 | 8 | | 0654S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 137.100, 153.030, and 153.034, RSMo, and to enact in lieu thereof six new |
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11 | 11 | | sections relating to electric utilities. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Sections 137.100, 153.030, and 153.034, RSMo, 1 |
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15 | 15 | | are repealed and six new sections enacted in lieu thereof, to 2 |
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16 | 16 | | be known as sections 67.5350, 137.100, 137.124, 153.030, 3 |
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17 | 17 | | 153.034, and 393.172, to read as follows:4 |
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18 | 18 | | 67.5350. 1. As used in this section, the following 1 |
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19 | 19 | | terms shall mean: 2 |
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20 | 20 | | (1) "Material amendment", any amendment to a permit 3 |
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21 | 21 | | issued by a county commission to construct a solar farm 4 |
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22 | 22 | | which: 5 |
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23 | 23 | | (a) Changes the solar farm's generation type from one 6 |
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24 | 24 | | type of utility facility to another; 7 |
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25 | 25 | | (b) Increases the facility's nameplate capacity; or 8 |
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26 | 26 | | (c) Changes the boundaries of the solar farm, unless 9 |
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27 | 27 | | the new boundaries of the facility are completely within the 10 |
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28 | 28 | | previous boundaries of the facility or the facility 11 |
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29 | 29 | | components outside of the previous boundary are underground; 12 |
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30 | 30 | | (2) "Solar farm", a group of photovoltaic 13 |
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31 | 31 | | interconnected solar panels or arrays that convert sunlight 14 |
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32 | 32 | | into electricity for the primary purpose of wholesale or 15 |
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33 | 33 | | retail sales of generated electricity, including all on -site 16 |
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34 | 34 | | equipment and facilities necessary for the proper operation 17 SB 213 2 |
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35 | 35 | | of the facility, such as electrical collection and 18 |
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36 | 36 | | transmission lines, battery storage systems, transformers, 19 |
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37 | 37 | | substations, and operations and maintenance facilities 20 |
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38 | 38 | | within at least twenty continuous acres. 21 |
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39 | 39 | | 2. Prior to obtaining a certificate of public 22 |
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40 | 40 | | convenience or necessity issued by the Missouri public 23 |
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41 | 41 | | service commission, any person constructing a solar farm 24 |
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42 | 42 | | shall first submit an application to the county commission 25 |
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43 | 43 | | in each county where the solar farm is to be located. 26 |
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44 | 44 | | 3. The county commission of any county shall adopt any 27 |
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45 | 45 | | order or ordinance requiring a permit to construct a solar 28 |
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46 | 46 | | farm within specified boundaries located in whole or in part 29 |
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47 | 47 | | in an unincorporated area of a county. Such permit shall 30 |
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48 | 48 | | require any construction to be at least one thousand linear 31 |
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49 | 49 | | feet from any church, school, or city, town, or villag e 32 |
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50 | 50 | | limit, or any private residence. 33 |
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51 | 51 | | 4. Within ninety days of receiving an application to 34 |
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52 | 52 | | construct a solar farm, the county commission shall hold a 35 |
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53 | 53 | | public meeting before the issuance of any such permit to 36 |
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54 | 54 | | construct a solar farm. Notice shall be provided at least 37 |
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55 | 55 | | fourteen days prior to the public meeting. At the public 38 |
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56 | 56 | | meeting, the applicant shall provide in writing the 39 |
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57 | 57 | | following information: 40 |
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58 | 58 | | (1) The maximum nameplate capacity of the solar farm; 41 |
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59 | 59 | | and 42 |
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60 | 60 | | (2) A map of the proposed geogra phic boundaries of the 43 |
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61 | 61 | | project within that county. 44 |
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62 | 62 | | 5. Not later than ninety days after the public 45 |
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63 | 63 | | meeting, the county commission shall: 46 |
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64 | 64 | | (1) Issue a permit to the applicant accepting the 47 |
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65 | 65 | | construction proposal; 48 SB 213 3 |
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66 | 66 | | (2) Issue a permit to the applicant limiting the 49 |
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67 | 67 | | boundaries of the proposed solar farm to a smaller 50 |
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68 | 68 | | geographic area, completely within the geographic area 51 |
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69 | 69 | | proposed by the applicant; or 52 |
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70 | 70 | | (3) Deny the permit and prohibit the construction of 53 |
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71 | 71 | | the solar farm by the applicant. 54 |
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72 | 72 | | 6. Any applicant intending to make a material 55 |
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73 | 73 | | amendment once a permit is issued shall submit a new 56 |
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74 | 74 | | application for a permit to the county commission. 57 |
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75 | 75 | | 7. The county commission shall require any applicant 58 |
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76 | 76 | | who is issued a permit to obtain liabil ity insurance in an 59 |
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77 | 77 | | amount sufficient to cover any damages which may arise from 60 |
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78 | 78 | | the construction of the solar farm. 61 |
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79 | 79 | | 8. The Missouri public service commission shall not 62 |
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80 | 80 | | issue a certificate of public convenience or necessity to 63 |
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81 | 81 | | any applicant who di d not receive a permit to construct a 64 |
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82 | 82 | | solar farm from the county commission in each county where 65 |
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83 | 83 | | the solar farm is to be located. 66 |
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84 | 84 | | 137.100. 1. The following subjects are exempt from 1 |
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85 | 85 | | taxation for state, county or local purposes: 2 |
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86 | 86 | | (1) Lands and other property belonging to this state; 3 |
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87 | 87 | | (2) Lands and other property belonging to any city, 4 |
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88 | 88 | | county or other political subdivision in this state, 5 |
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89 | 89 | | including market houses, town halls and other public 6 |
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90 | 90 | | structures, with their furniture a nd equipments, and on 7 |
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91 | 91 | | public squares and lots kept open for health, use or 8 |
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92 | 92 | | ornament; 9 |
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93 | 93 | | (3) Nonprofit cemeteries; 10 |
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94 | 94 | | (4) The real estate and tangible personal property 11 |
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95 | 95 | | which is used exclusively for agricultural or horticultural 12 |
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96 | 96 | | societies organized in this state, including not -for-profit 13 |
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97 | 97 | | agribusiness associations; 14 SB 213 4 |
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98 | 98 | | (5) All property, real and personal, actually and 15 |
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99 | 99 | | regularly used exclusively for religious worship, for 16 |
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100 | 100 | | schools and colleges, or for purposes purely charitable and 17 |
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101 | 101 | | not held for private or corporate profit, except that the 18 |
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102 | 102 | | exemption herein granted does not include real property not 19 |
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103 | 103 | | actually used or occupied for the purpose of the 20 |
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104 | 104 | | organization but held or used as investment even though the 21 |
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105 | 105 | | income or rentals received therefrom i s used wholly for 22 |
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106 | 106 | | religious, educational or charitable purposes; 23 |
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107 | 107 | | (6) Household goods, furniture, wearing apparel and 24 |
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108 | 108 | | articles of personal use and adornment, as defined by the 25 |
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109 | 109 | | state tax commission, owned and used by a person in [his] 26 |
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110 | 110 | | such person's home or dwelling place; 27 |
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111 | 111 | | (7) Motor vehicles leased for a period of at least one 28 |
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112 | 112 | | year to this state or to any city, county, or political 29 |
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113 | 113 | | subdivision or to any religious, educational, or charitable 30 |
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114 | 114 | | organization which has obtained an exemption from t he 31 |
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115 | 115 | | payment of federal income taxes, provided the motor vehicles 32 |
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116 | 116 | | are used exclusively for religious, educational, or 33 |
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117 | 117 | | charitable purposes; 34 |
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118 | 118 | | (8) Real or personal property leased or otherwise 35 |
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119 | 119 | | transferred by an interstate compact agency created pursuan t 36 |
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120 | 120 | | to sections 70.370 to 70.430 or sections 238.010 to 238.100 37 |
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121 | 121 | | to another for which or whom such property is not exempt 38 |
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122 | 122 | | when immediately after the lease or transfer, the interstate 39 |
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123 | 123 | | compact agency enters into a leaseback or other agreement 40 |
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124 | 124 | | that directly or indirectly gives such interstate compact 41 |
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125 | 125 | | agency a right to use, control, and possess the property; 42 |
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126 | 126 | | provided, however, that in the event of a conveyance of such 43 |
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127 | 127 | | property, the interstate compact agency must retain an 44 |
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128 | 128 | | option to purchase the property a t a future date or, within 45 |
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129 | 129 | | the limitations period for reverters, the property must 46 SB 213 5 |
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130 | 130 | | revert back to the interstate compact agency. Property will 47 |
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131 | 131 | | no longer be exempt under this subdivision in the event of a 48 |
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132 | 132 | | conveyance as of the date, if any, when: 49 |
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133 | 133 | | (a) The right of the interstate compact agency to use, 50 |
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134 | 134 | | control, and possess the property is terminated; 51 |
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135 | 135 | | (b) The interstate compact agency no longer has an 52 |
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136 | 136 | | option to purchase or otherwise acquire the property; and 53 |
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137 | 137 | | (c) There are no provisions f or reverter of the 54 |
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138 | 138 | | property within the limitation period for reverters; and 55 |
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139 | 139 | | (9) All property, real and personal, belonging to 56 |
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140 | 140 | | veterans' organizations. As used in this section, 57 |
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141 | 141 | | "veterans' organization" means any organization of veterans 58 |
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142 | 142 | | with a congressional charter, that is incorporated in this 59 |
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143 | 143 | | state, and that is exempt from taxation under section 60 |
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144 | 144 | | 501(c)(19) of the Internal Revenue Code of 1986, as amended [; 61 |
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145 | 145 | | (10) Solar energy systems not held for resale ]. 62 |
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146 | 146 | | 2. Notwithstanding the provi sions of subsection 1 of 63 |
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147 | 147 | | this section or any other provision of law to the contrary, 64 |
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148 | 148 | | solar energy systems constructed for exclusive use of a 65 |
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149 | 149 | | single property may be exempt at the discretion of the 66 |
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150 | 150 | | assessor. 67 |
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151 | 151 | | 137.124. 1. Beginning January 1, 2026, for purposes 1 |
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152 | 152 | | of assessing all real property, excluding land, or tangible 2 |
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153 | 153 | | personal property associated with a project that uses solar 3 |
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154 | 154 | | energy directly to generate electricity, thirty -seven and 4 |
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155 | 155 | | one-half percent of the original costs shall be the true 5 |
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156 | 156 | | value in money of such property. Such value shall begin the 6 |
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157 | 157 | | year immediately following the year of construction of the 7 |
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158 | 158 | | property. The original costs shall reflect either: 8 |
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159 | 159 | | (1) The actual and documented original property cost 9 |
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160 | 160 | | to the taxpayer, as shall be provided by the taxpayer to the 10 |
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161 | 161 | | assessor; or 11 SB 213 6 |
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162 | 162 | | (2) In the absence of actual and documented original 12 |
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163 | 163 | | property cost to the taxpayer, the estimated cost of the 13 |
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164 | 164 | | property by the assessor, using an authoritative cost guide. 14 |
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165 | 165 | | 2. Nothing in this section shall be construed to 15 |
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166 | 166 | | prohibit a project from engaging in enhanced enterprise zone 16 |
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167 | 167 | | agreements under sections 135.950 to 135.973 or similar tax 17 |
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168 | 168 | | abatement agreements with state or local officials or to 18 |
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169 | 169 | | affect any existing enhanced ent erprise zone agreements. 19 |
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170 | 170 | | 153.030. 1. All bridges over streams dividing this 1 |
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171 | 171 | | state from any other state owned, used, leased or otherwise 2 |
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172 | 172 | | controlled by any person, corporation, railroad company or 3 |
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173 | 173 | | joint stock company, and all bridges across or over 4 |
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174 | 174 | | navigable streams within this state, where the charge is 5 |
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175 | 175 | | made for crossing the same, which are now constructed, which 6 |
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176 | 176 | | are in the course of construction, or which shall hereafter 7 |
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177 | 177 | | be constructed, and all property, real and tangible 8 |
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178 | 178 | | personal, owned, used, leased or otherwise controlled by 9 |
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179 | 179 | | telegraph, telephone, electric power and light companies, 10 |
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180 | 180 | | electric transmission lines, pipeline companies and express 11 |
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181 | 181 | | companies shall be subject to taxation for state, county, 12 |
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182 | 182 | | municipal and other local purposes to the same extent as the 13 |
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183 | 183 | | property of private persons. 14 |
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184 | 184 | | 2. [And] Taxes levied [thereon] under subsection 1 of 15 |
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185 | 185 | | this section shall be levied and collected in the manner as 16 |
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186 | 186 | | is now or may hereafter be provided by law for the taxation 17 |
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187 | 187 | | of railroad property in this state, and county commissions, 18 |
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188 | 188 | | county boards of equalization and the state tax commission 19 |
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189 | 189 | | are hereby required to perform the same duties and are given 20 |
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190 | 190 | | the same powers, including punitive powers, in assessing, 21 |
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191 | 191 | | equalizing and adjust ing the taxes on the property set forth 22 |
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192 | 192 | | in this section as the county commissions and boards of 23 |
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193 | 193 | | equalization and state tax commission have or may hereafter 24 SB 213 7 |
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194 | 194 | | be empowered with, in assessing, equalizing, and adjusting 25 |
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195 | 195 | | the taxes on railroad property; and a n authorized officer of 26 |
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196 | 196 | | any such bridge, telegraph, telephone, electric power and 27 |
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197 | 197 | | light companies, electric transmission lines, pipeline 28 |
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198 | 198 | | companies, or express company or the owner of any such toll 29 |
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199 | 199 | | bridge, is hereby required to render reports of the pro perty 30 |
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200 | 200 | | of such bridge, telegraph, telephone, electric power and 31 |
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201 | 201 | | light companies, electric transmission lines, pipeline 32 |
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202 | 202 | | companies, or express companies in like manner as the 33 |
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203 | 203 | | authorized officer of the railroad company is now or may 34 |
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204 | 204 | | hereafter be required to render for the taxation of railroad 35 |
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205 | 205 | | property. 36 |
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206 | 206 | | 3. On or before the fifteenth day of April in the year 37 |
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207 | 207 | | 1946 and each year thereafter an authorized officer of each 38 |
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208 | 208 | | such company shall furnish the state tax commission and 39 |
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209 | 209 | | county clerks a report, du ly subscribed and sworn to by such 40 |
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210 | 210 | | authorized officer, which is like in nature and purpose to 41 |
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211 | 211 | | the reports required of railroads under chapter 151 showing 42 |
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212 | 212 | | the full amount of all real and tangible personal property 43 |
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213 | 213 | | owned, used, leased or otherwise contro lled by each such 44 |
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214 | 214 | | company on January first of the year in which the report is 45 |
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215 | 215 | | due. 46 |
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216 | 216 | | 4. If any telephone company assessed pursuant to 47 |
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217 | 217 | | chapter 153 has a microwave relay station or stations in a 48 |
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218 | 218 | | county in which it has no wire mileage but has wire mil eage 49 |
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219 | 219 | | in another county, then, for purposes of apportioning the 50 |
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220 | 220 | | assessed value of the distributable property of such 51 |
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221 | 221 | | companies, the straight line distance between such microwave 52 |
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222 | 222 | | relay stations shall constitute miles of wire. In the event 53 |
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223 | 223 | | that any public utility company assessed pursuant to this 54 |
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224 | 224 | | chapter has no distributable property which physically 55 |
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225 | 225 | | traverses the counties in which it operates, then the 56 SB 213 8 |
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226 | 226 | | assessed value of the distributable property of such company 57 |
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227 | 227 | | shall be apportioned to the physical location of the 58 |
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228 | 228 | | distributable property. 59 |
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229 | 229 | | 5. (1) Notwithstanding any provision of law to the 60 |
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230 | 230 | | contrary, beginning January 1, 2019, a telephone company 61 |
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231 | 231 | | shall make a one-time election within the tax year to be 62 |
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232 | 232 | | assessed: 63 |
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233 | 233 | | (a) Using the methodolog y for property tax purposes as 64 |
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234 | 234 | | provided under this section; or 65 |
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235 | 235 | | (b) Using the methodology for property tax purposes as 66 |
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236 | 236 | | provided under this section for property consisting of land 67 |
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237 | 237 | | and buildings and be assessed for all other property 68 |
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238 | 238 | | exclusively using the methodology utilized under section 69 |
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239 | 239 | | 137.122. 70 |
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240 | 240 | | If a telephone company begins operations, including a merger 71 |
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241 | 241 | | of multiple telephone companies, after August 28, 2018, it 72 |
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242 | 242 | | shall make its one-time election to be assessed using the 73 |
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243 | 243 | | methodology for propert y tax purposes as described under 74 |
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244 | 244 | | paragraph (b) of subdivision (1) of this subsection within 75 |
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245 | 245 | | the year in which the telephone company begins its 76 |
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246 | 246 | | operations. A telephone company that fails to make a timely 77 |
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247 | 247 | | election shall be deemed to have elected to be assessed 78 |
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248 | 248 | | using the methodology for property tax purposes as provided 79 |
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249 | 249 | | under subsections 1 to 4 of this section. 80 |
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250 | 250 | | (2) The provisions of this subsection shall not be 81 |
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251 | 251 | | construed to change the original assessment jurisdiction of 82 |
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252 | 252 | | the state tax commission . 83 |
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253 | 253 | | (3) Nothing in subdivision (1) of this subsection 84 |
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254 | 254 | | shall be construed as applying to any other utility. 85 |
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255 | 255 | | (4) (a) The provisions of this subdivision shall 86 |
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256 | 256 | | ensure that school districts may avoid any fiscal impact as 87 SB 213 9 |
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257 | 257 | | a result of a telephone co mpany being assessed under the 88 |
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258 | 258 | | provisions of paragraph (b) of subdivision (1) of this 89 |
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259 | 259 | | subsection. If a school district's current operating levy 90 |
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260 | 260 | | is below the greater of its most recent voter -approved tax 91 |
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261 | 261 | | rate or the most recent voter -approved tax rate as adjusted 92 |
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262 | 262 | | under subdivision (2) of subsection 5 of section 137.073, it 93 |
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263 | 263 | | shall comply with section 137.073. 94 |
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264 | 264 | | (b) Beginning January 1, 2019, any school district 95 |
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265 | 265 | | currently operating at a tax rate equal to the greater of 96 |
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266 | 266 | | the most recent voter -approved tax rate or the most recent 97 |
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267 | 267 | | voter-approved tax rate as adjusted under subdivision (2) of 98 |
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268 | 268 | | subsection 5 of section 137.073 that receives less tax 99 |
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269 | 269 | | revenue from a specific telephone company under this 100 |
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270 | 270 | | subsection, on or before January thirty -first of the year 101 |
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271 | 271 | | following the tax year in which the school district received 102 |
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272 | 272 | | less revenue from a specific telephone company, may by 103 |
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273 | 273 | | resolution of the school board impose a fee, as determined 104 |
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274 | 274 | | under this subsection, in order to obtain such revenue. The 105 |
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275 | 275 | | resolution shall include all facts that support the 106 |
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276 | 276 | | imposition of the fee. If the school district receives 107 |
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277 | 277 | | voter approval to raise its tax rate, the district shall no 108 |
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278 | 278 | | longer impose the fee authorized in this paragraph. 109 |
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279 | 279 | | (c) Any fee imposed under paragraph ( b) of this 110 |
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280 | 280 | | subdivision shall be determined by taking the difference 111 |
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281 | 281 | | between the tax revenue the telephone company paid in the 112 |
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282 | 282 | | tax year in question and the tax revenue the telephone 113 |
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283 | 283 | | company would have paid in such year had it not made an 114 |
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284 | 284 | | election under subdivision (1) of this subsection, which 115 |
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285 | 285 | | shall be calculated by taking the telephone company 116 |
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286 | 286 | | valuations in the tax year in question, as determined by the 117 |
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287 | 287 | | state tax commission under paragraph (d) of this 118 |
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288 | 288 | | subdivision, and applying such valuations to th e 119 SB 213 10 |
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289 | 289 | | apportionment process in subsection 2 of section 151.150. 120 |
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290 | 290 | | The school district shall issue a billing, as provided in 121 |
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291 | 291 | | this subdivision, to any such telephone company. A 122 |
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292 | 292 | | telephone company shall have forty -five days after receipt 123 |
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293 | 293 | | of a billing to remit its payment of its portion of the fees 124 |
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294 | 294 | | to the school district. Notwithstanding any other provision 125 |
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295 | 295 | | of law, the issuance or receipt of such fee shall not be 126 |
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296 | 296 | | used: 127 |
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297 | 297 | | a. In determining the amount of state aid that a 128 |
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298 | 298 | | school district receives under se ction 163.031; 129 |
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299 | 299 | | b. In determining the amount that may be collected 130 |
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300 | 300 | | under a property tax levy by such district; or 131 |
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301 | 301 | | c. For any other purpose. 132 |
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302 | 302 | | For the purposes of accounting, a telephone company that 133 |
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303 | 303 | | issues a payment to a school district under th is subsection 134 |
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304 | 304 | | shall treat such payment as a tax. 135 |
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305 | 305 | | (d) When establishing the valuation of a telephone 136 |
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306 | 306 | | company assessed under paragraph (b) of subdivision (1) of 137 |
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307 | 307 | | this subsection, the state tax commission shall also 138 |
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308 | 308 | | determine the difference between t he assessed value of a 139 |
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309 | 309 | | telephone company if: 140 |
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310 | 310 | | a. Assessed under paragraph (b) of subdivision (1) of 141 |
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311 | 311 | | this subsection; and 142 |
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312 | 312 | | b. Assessed exclusively under subsections 1 to 4 of 143 |
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313 | 313 | | this section. 144 |
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314 | 314 | | The state tax commission shall then apportion such amount to 145 |
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315 | 315 | | each county and provide such information to any school 146 |
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316 | 316 | | district making a request for such information. 147 |
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317 | 317 | | (e) This subsection shall expire when no school 148 |
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318 | 318 | | district is eligible for a fee. 149 SB 213 11 |
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319 | 319 | | 6. (1) If any public utility company assessed 150 |
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320 | 320 | | pursuant to this chapter has ownership of any real or 151 |
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321 | 321 | | personal property associated with a project which uses solar 152 |
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322 | 322 | | or wind energy directly to generate electricity, such solar 153 |
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323 | 323 | | or wind energy project property shall be valued and taxed by 154 |
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324 | 324 | | any local authoritie s having jurisdiction under the 155 |
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325 | 325 | | provisions of chapter 137 and other relevant provisions of 156 |
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326 | 326 | | the law. 157 |
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327 | 327 | | (2) Notwithstanding any provision of law to the 158 |
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328 | 328 | | contrary, beginning January 1, 2020, for any public utility 159 |
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329 | 329 | | company assessed pursuant to this chap ter which has a wind 160 |
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330 | 330 | | energy project, such wind energy project shall be assessed 161 |
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331 | 331 | | using the methodology for real and personal property as 162 |
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332 | 332 | | provided in this subsection: 163 |
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333 | 333 | | (a) Any wind energy property of such company shall be 164 |
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334 | 334 | | assessed upon the county as sessor's local tax rolls; and 165 |
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335 | 335 | | (b) All other real property, excluding land, or 166 |
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336 | 336 | | personal property related to the wind energy project shall 167 |
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337 | 337 | | be assessed using the methodology provided under section 168 |
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338 | 338 | | 137.123. 169 |
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339 | 339 | | (3) Notwithstanding any other provisio n of law to the 170 |
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340 | 340 | | contrary, beginning January 1, 2026, for any public utility 171 |
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341 | 341 | | company assessed under this chapter which has a solar energy 172 |
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342 | 342 | | project, such solar energy project shall be assessed using 173 |
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343 | 343 | | the methodology for real and personal property as provid ed 174 |
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344 | 344 | | in this subsection: 175 |
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345 | 345 | | (a) Any solar energy property of such company shall be 176 |
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346 | 346 | | assessed upon the county assessor's local tax rolls; and 177 |
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347 | 347 | | (b) All other real property, excluding land, or 178 |
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348 | 348 | | personal property related to the solar energy project shal l 179 |
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349 | 349 | | be assessed using the methodology provided under section 180 |
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350 | 350 | | 137.124. 181 SB 213 12 |
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351 | 351 | | 7. (1) If any public utility company assessed 182 |
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352 | 352 | | pursuant to this chapter has ownership of any real or 183 |
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353 | 353 | | personal property associated with a generation project which 184 |
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354 | 354 | | was originally constructed utilizing financing authorized 185 |
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355 | 355 | | pursuant to chapter 100 for construction, upon the transfer 186 |
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356 | 356 | | of ownership of such property to the public utility company 187 |
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357 | 357 | | such property shall be valued and taxed by any local 188 |
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358 | 358 | | authorities having jurisdiction unde r the provisions of 189 |
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359 | 359 | | chapter 137 and other relevant provisions of law. 190 |
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360 | 360 | | (2) Notwithstanding any provision of law to the 191 |
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361 | 361 | | contrary, beginning January 1, 2022, for any public utility 192 |
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362 | 362 | | company assessed pursuant to this chapter which has 193 |
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363 | 363 | | ownership of any real or personal property associated with a 194 |
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364 | 364 | | generation project which was originally constructed 195 |
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365 | 365 | | utilizing financing authorized pursuant to chapter 100 for 196 |
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366 | 366 | | construction, upon the transfer of ownership of such 197 |
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367 | 367 | | property to the public utility company such property shall 198 |
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368 | 368 | | be assessed as follows: 199 |
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369 | 369 | | (a) Any property associated with a generation project 200 |
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370 | 370 | | which was originally constructed utilizing financing 201 |
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371 | 371 | | authorized pursuant to chapter 100 for construction shall be 202 |
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372 | 372 | | assessed upon the county assessor's lo cal tax rolls. The 203 |
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373 | 373 | | assessor shall rely on the public utility company for cost 204 |
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374 | 374 | | information of the generation portion of the property as 205 |
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375 | 375 | | found in the public utility company's Federal Energy 206 |
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376 | 376 | | Regulatory Commission Financial Report Form Number One at 207 |
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377 | 377 | | the time of transfer of ownership, and depreciate the costs 208 |
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378 | 378 | | provided in a manner similar to other commercial and 209 |
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379 | 379 | | industrial property; 210 |
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380 | 380 | | (b) Any property consisting of land and buildings 211 |
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381 | 381 | | related to the generation property associated with a 212 |
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382 | 382 | | generation project which was originally constructed 213 SB 213 13 |
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383 | 383 | | utilizing financing pursuant to chapter 100 for construction 214 |
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384 | 384 | | shall be assessed under chapter 137; and 215 |
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385 | 385 | | (c) All other business or personal property related to 216 |
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386 | 386 | | a generation project which was originally construct ed 217 |
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387 | 387 | | utilizing financing pursuant to chapter 100 for construction 218 |
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388 | 388 | | shall be assessed using the methodology provided under 219 |
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389 | 389 | | section 137.122. 220 |
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390 | 390 | | 153.034. 1. The term "distributable property" of an 1 |
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391 | 391 | | electric company shall include all the real or tangible 2 |
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392 | 392 | | personal property which is used directly in the generation 3 |
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393 | 393 | | and distribution of electric power, but not property used as 4 |
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394 | 394 | | a collateral facility nor property held for purposes other 5 |
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395 | 395 | | than generation and distribution of electricity. Such 6 |
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396 | 396 | | distributable property includes, but is not limited to: 7 |
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397 | 397 | | (1) Boiler plant equipment, turbogenerator units and 8 |
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398 | 398 | | generators; 9 |
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399 | 399 | | (2) Station equipment; 10 |
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400 | 400 | | (3) Towers, fixtures, poles, conductors, conduit 11 |
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401 | 401 | | transformers, services and meters; 12 |
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402 | 402 | | (4) Substation equipment and fences; 13 |
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403 | 403 | | (5) Rights-of-way; 14 |
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404 | 404 | | (6) Reactor, reactor plant equipment, and cooling 15 |
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405 | 405 | | towers; 16 |
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406 | 406 | | (7) Communication equipment used for control of 17 |
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407 | 407 | | generation and distribution of power; 18 |
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408 | 408 | | (8) Land associated with such distri butable property. 19 |
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409 | 409 | | 2. The term "local property" of an electric company 20 |
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410 | 410 | | shall include all real and tangible personal property owned, 21 |
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411 | 411 | | used, leased or otherwise controlled by the electric company 22 |
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412 | 412 | | not used directly in the generation and distribution of 23 |
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413 | 413 | | power and not defined in subsection 1 of this section as 24 SB 213 14 |
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414 | 414 | | distributable property. Such local property includes, but 25 |
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415 | 415 | | is not limited to: 26 |
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416 | 416 | | (1) Motor vehicles; 27 |
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417 | 417 | | (2) Construction work in progress; 28 |
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418 | 418 | | (3) Materials and supplies; 29 |
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419 | 419 | | (4) Office furniture, office equipment, and office 30 |
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420 | 420 | | fixtures; 31 |
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421 | 421 | | (5) Coal piles and nuclear fuel; 32 |
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422 | 422 | | (6) Land held for future use; 33 |
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423 | 423 | | (7) Workshops, warehouses, office buildings and 34 |
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424 | 424 | | generating plant structures; 35 |
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425 | 425 | | (8) Communication equipment not used fo r control of 36 |
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426 | 426 | | generation and distribution of power; 37 |
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427 | 427 | | (9) Roads, railroads, and bridges; 38 |
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428 | 428 | | (10) Reservoirs, dams, and waterways; 39 |
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429 | 429 | | (11) Land associated with other locally assessed 40 |
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430 | 430 | | property and all generating plant land. 41 |
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431 | 431 | | 3. (1) Any real or tangible personal property 42 |
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432 | 432 | | associated with a project which uses solar or wind energy 43 |
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433 | 433 | | directly to generate electricity shall be valued and taxed 44 |
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434 | 434 | | by local authorities having jurisdiction under the 45 |
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435 | 435 | | provisions of chapter 137 and any other relevant provi sions 46 |
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436 | 436 | | of law. The method of taxation prescribed in subsection 2 47 |
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437 | 437 | | of section 153.030 and subsection 1 of this section shall 48 |
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438 | 438 | | not apply to such property. 49 |
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439 | 439 | | (2) The real or tangible personal property referenced 50 |
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440 | 440 | | in subdivision (1) of this subsection sha ll include all 51 |
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441 | 441 | | equipment whose sole purpose is to support the integration 52 |
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442 | 442 | | of a wind generation asset into an existing system. 53 |
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443 | 443 | | Examples of such property may include, but are not limited 54 |
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444 | 444 | | to, wind chargers, windmills, wind turbines, wind towers, 55 |
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445 | 445 | | and associated electrical equipment such as inverters, pad 56 SB 213 15 |
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446 | 446 | | mount transformers, power lines, storage equipment directly 57 |
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447 | 447 | | associated with wind generation assets, and substations. 58 |
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448 | 448 | | (3) The real or tangible personal property referenced 59 |
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449 | 449 | | in subdivision (1) of th is subsection shall also include all 60 |
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450 | 450 | | equipment whose sole purpose is to support the integration 61 |
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451 | 451 | | of a solar generation asset into an existing system. 62 |
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452 | 452 | | Examples of such property may include, but are not limited 63 |
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453 | 453 | | to, solar panels, solar panel mounting rack s, and associated 64 |
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454 | 454 | | electrical equipment such as inverters, battery packs, power 65 |
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455 | 455 | | meters, power lines, storage equipment directly associated 66 |
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456 | 456 | | with solar generation assets, and substations. 67 |
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457 | 457 | | 4. For any real or tangible personal property 68 |
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458 | 458 | | associated with a generation project which was originally 69 |
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459 | 459 | | constructed utilizing financing authorized under chapter 100 70 |
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460 | 460 | | for construction, upon the transfer of ownership of such 71 |
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461 | 461 | | property to a public utility, such property shall be valued 72 |
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462 | 462 | | and taxed by local authorities having jurisdiction under the 73 |
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463 | 463 | | provisions of chapter 137 and any other relevant provisions 74 |
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464 | 464 | | of law. The method of taxation prescribed in subsection 2 75 |
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465 | 465 | | of section 153.030 and subsection 1 of this section shall 76 |
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466 | 466 | | not apply to such property. 77 |
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467 | 467 | | 393.172. By March 31, 2026, the public service 1 |
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468 | 468 | | commission shall adopt rules applicable to electrical 2 |
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469 | 469 | | corporations that require the entity constructing an 3 |
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470 | 470 | | electric transmission line under subsection 1 of section 4 |
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471 | 471 | | 393.170 for which permission is sought from the commission 5 |
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472 | 472 | | on or after the effective date of this section to adhere to 6 |
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473 | 473 | | standards to be adopted by such rules relating to 7 |
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474 | 474 | | construction activities occurring partially or wholly on 8 |
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475 | 475 | | privately owned agricultural land. Such standards shall 9 |
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476 | 476 | | address, at a minimum, landowner communication expectations, 10 |
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477 | 477 | | expectations with respect to transmission structure design 11 SB 213 16 |
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478 | 478 | | and placement, wet weather construction and remediation 12 |
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479 | 479 | | practices, agricultural mitigation and restoration 13 |
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480 | 480 | | practices, construction -related tree and brush clearing, 14 |
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481 | 481 | | expectations concerning the use and restoration of field 15 |
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482 | 482 | | entrances and temporary roads, and best practices with 16 |
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483 | 483 | | respect to erosion prevention. Any rule or portion of a 17 |
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484 | 484 | | rule, as that term is defined in section 536.010, that is 18 |
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485 | 485 | | created under the authority delegated in this section shall 19 |
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486 | 486 | | become effective only if it complies with and is subject to 20 |
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487 | 487 | | all of the provisions of chapter 536 and, if applicable, 21 |
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488 | 488 | | section 536.028. This section and chapter 536 are 22 |
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489 | 489 | | nonseverable and if an y of the powers vested with the 23 |
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490 | 490 | | general assembly pursuant to chapter 536 to review, to delay 24 |
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491 | 491 | | the effective date, or to disapprove and annul a rule are 25 |
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492 | 492 | | subsequently held unconstitutional, then the grant of 26 |
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493 | 493 | | rulemaking authority and any rule proposed or a dopted after 27 |
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494 | 494 | | August 28, 2025, shall be invalid and void. 28 |
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495 | 495 | | |
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