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SB-639 Property taxation: assessment: electric generation facilities.(2017-2018)

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Date Published: 09/02/2017 04:00 AM
SB639:v96#DOCUMENT

Senate Bill No. 639
CHAPTER 220

An act to amend Section 721.5 of the Revenue and Taxation Code, relating to taxation.

[ Approved by Governor  September 01, 2017. Filed with Secretary of State  September 01, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 639, Hertzberg. Property taxation: assessment: electric generation facilities.
Existing property tax law generally requires a county assessor to assess all property subject to general property taxation at its full value, but requires the State Board of Equalization to annually value and assess all of the taxable property within the state that is to be assessed by it pursuant to the California Constitution, which includes, among other things, property, except franchises, owned or used by companies transmitting or selling electricity and property owned or used by other public utilities, as authorized by the Legislature. Existing property tax law authorizes the board to use the principle of unit valuation in valuing properties of a state assessee that are operated as a unit in a primary function of the assessee, and provides for the allocation of property tax assessed value and revenues from the unitary and operating nonunitary property, as defined, of the state assessee among the various counties in which that property is located.
Existing property tax law requires the board to annually assess every electric generation facility with a generating capacity of 50 megawatts or more that is owned or operated by an electrical corporation, as defined. Existing property tax law provides an exception from this requirement for qualifying small power production facilities and qualifying cogeneration facilities, as defined by reference to specified federal law.
This bill would provide an additional exception for a facility producing power from other than a conventional power source that is an exempt wholesale generator, as defined by reference to specified federal law, thereby requiring that these facilities be assessed by county assessors. By requiring county assessors to assess certain facilities, this bill would impose a state-mandated local program.
Existing property tax law specifies that the above-described provisions relating to assessment of electric generation facilities by the board supersede any contrary regulation in existence as of the effective date of the existing provisions.
This bill would delete this specification.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 721.5 of the Revenue and Taxation Code is amended to read:

721.5.
 (a) Notwithstanding Section 721 or any other provision of law to the contrary, commencing with the lien date for the 2003–04 fiscal year, the board shall annually assess every electric generation facility with a generating capacity of 50 megawatts or more that is owned or operated by an electrical corporation, as defined in subdivisions (a) and (b) of Section 218 of the Public Utilities Code.
(b) For purposes of subdivision (a), “electric generation facility” does not include a qualifying small power production facility or a qualifying cogeneration facility within the meaning of Sections 201 and 210 of Title II of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Secs. 796(17), (18) and 824a-3), and the regulations adopted for those sections under that act by the Federal Energy Regulatory Commission (18 C.F.R. 292.101-292.602), or a facility producing power from other than a conventional power source that is an exempt wholesale generator, as defined in the federal Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.