99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3120
 
Introduced , by Rep. Tom Demmer
 
SYNOPSIS AS INTRODUCED:



35 ILCS 200/Art. 10 Div. 18 heading
35 ILCS 200/10-600
35 ILCS 200/10-610
35 ILCS 200/10-625 new

 Amends the Property Tax Code. Provides that a Division of the Code concerning wind energy property assessment also applies to solar energy devices. Effective immediately.



LRB099 09976 HLH 30195 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3120LRB099 09976 HLH 30195 b



1 AN ACT concerning revenue.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Property Tax Code is amended by changing the 
5heading of Division 18 of Article 10 and Sections 10-600 and 
610-610 and by adding Section 10-625 as follows:

7 (35 ILCS 200/Art. 10 Div. 18 heading)
8
DIVISION 18.
 RENEWABLE   WIND  ENERGY PROPERTY ASSESSMENT


9(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08.)

10 (35 ILCS 200/10-600)
11 Sec. 10-600. Definitions. For the purposes of this Division 
1218:
13 "Renewable energy device" means any wind energy device or 
14solar energy device, as defined in this section. 
15 "Wind energy device" means any device, with a
nameplate 
16capacity of at least 0.5 megawatts, that is used in the process 
17of converting kinetic energy from the wind to generate electric 
18power for commercial sale.
19 "Solar energy device" means any single device, with a 
20nameplate capacity of at least 0.5 megawatts, that uses 
21photovoltaic cells and panels to convert energy from the sun 
22into electricity that is not primarily consumed by the solar 
 
 
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1energy device owner. 
2 "Wind energy device 2007 real property cost basis" excludes 
3personal property but represents both the land and real 
4property improvements of a wind energy device and means 
5$360,000 per megawatt of nameplate capacity.
6 "Solar energy device real property cost basis" excludes 
7personal property but represents both the land and real 
8property improvements of a solar energy device. Solar energy 
9device real property cost basis shall be equivalent to 20% of 
10the original cost reduced by the value of any investment tax 
11credits, production tax credits, or cash grants in lieu of 
12investment tax credits applicable to the renewable energy 
13device, as certified by the Department of Revenue. 
14 "Trending factor" means a number equal to the consumer 
15price index (U.S. city average all items) published by the 
16Bureau of Labor Statistics for the December immediately 
17preceding the assessment date, divided by the consumer price 
18index (U.S. city average all items) published by the Bureau of 
19Labor Statistics for December 2006.
20 "Trended real property cost basis" means the renewable 
21energy device 2007 real property cost basis multiplied by the 
22trending factor.
23 "Allowance for physical depreciation" means (i) the actual 
24age in years of the renewable wind energy device on the 
25assessment date divided by 25 years multiplied by (ii) its the 
26trended real property cost basis. The physical depreciation, 
 
 
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1however, may not reduce the value of the renewable wind energy 
2device to less than 30% of its the trended real property cost 
3basis.

4(Source: P.A. 95-644, eff. 10-12-07.)

5 (35 ILCS 200/10-610)
6 Sec. 10-610. Applicability.
7 (a) The provisions of this Division apply for assessment 
8years 2007 through 2026 2016.
9 (b) The provisions of this Division do not apply to 
10renewable wind energy devices that are owned by any person or 
11entity that is otherwise exempt from taxation under the 
12Property Tax Code.

13(Source: P.A. 95-644, eff. 10-12-07; 96-1036, eff. 1-1-11.)

14 (35 ILCS 200/10-625 new)
15 Sec. 10-625. Certification of solar energy device real 
16property cost basis. Within 60 days after completion of 
17construction of a solar energy device, the owner of the solar 
18energy device shall provide documentation to the Department of 
19Revenue demonstrating the solar energy device real property 
20cost basis. Solar energy device real property cost basis shall 
21include the total cost of the solar energy device, not 
22including any costs of site-selection, site-development, staff 
23or personnel, or other ancillary costs. Within 60 days of 
24receiving the documentation from the solar energy device owner, 
 
 
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1the Department shall certify the solar energy device real 
2property cost basis to the owner in writing.


3 Section 99. Effective date. This Act takes effect upon 
4becoming law.