SB 207 Modifies provisions pertaining to energy and property taxation
Sponsor: Lager
LR Number: 1181L.02C Fiscal Note: 1181-02N.ORG
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 5/13/2011 - H Calendar S Bills for Third Reading w/HCS (pending) Journal Page:
Title: HCS SB 207 Calendar Position:
Effective Date: August 28, 2011
House Handler: Pollock

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Current Bill Summary


HCS/SB 207 - This act modifies provisions pertaining to energy and property taxation.

SECTIONS 137.010, 137.080, & 137.115 - HYDROELECTRIC POWER GENERATING EQUIPMENT

This act classifies hydroelectric power generating equipment as tangible personal property for purposes of property taxation. Hydroelectric power generating equipment will be assessed at one percent of its true value in money.

These sections are similar to SB 357 (2011).

SECTION 137.073 - PROPERTY TAX

This act allows any political subdivision that approved a tax increase after August 27, 2008, to levy a rate to collect substantially the same amount of tax revenue as would have been collected by applying the voter-approved increased tax rate ceiling to the total assessed valuation of the political subdivision on or before the election date, increased by the percentage increase in the federal Consumer Price Index.

This section is identical to the same section in the perfected HB 737 (2011).

SECTION 393.1075 - ENERGY EFFICIENCY PROGRAMS

Under current law, an electric utility customer who has received a tax credit for low-income housing or historic preservation is ineligible to participate in an energy-efficiency program offered by the utility if the program provides a monetary incentive. This act makes an exception to this prohibition if the program is designed for low-income customers.

SECTION 386.850 - MISSOURI ENERGY TASK FORCE

This act repeals the statute that requires the Missouri Energy Task Force to reconvene at least once per year to review and report on progress made toward accomplishing the recommendations contained in the task force's final report.

ERIKA JAQUES

HA 1: ALLOWS THE OWNER OF A CLEANFIELDS RENEWABLE ENERGY DEMONSTRATION PARK, WHICH CONTAINS A BIOMASS FACILITY, TO RECEIVE DOUBLE RENEWABLE ENERGY CREDITS FOR CERTAIN ENERGY GENERATION AND PURCHASES. ADDS AN EMERGENCY CLAUSE FOR THIS SECTION.

HA 2: REPLACES THE PROVISIONS PERTAINING TO PROPERTY TAX ASSESSMENT FOR HYDROELECTRIC POWER WITH PROVISIONS THAT ALLOW RENEWABLE ENERGY GENERATION ZONES TO BE DESIGNATED AS ENHANCED ENTERPRISE ZONES. CLASSIFIES HYDROELECTRIC POWER GENERATING EQUIPMENT AS REAL PROPERTY FOR PROPERTY TAX PURPOSES.

HA 3: MODIFIES APPEAL PROCEDURES FOR DECISIONS OR ORDERS MADE BY THE PUBLIC SERVICE COMMISSION (PSC). REQUIRES THE COURT OF APPEALS TO HEAR SUCH APPEALS INSTEAD OF THE CIRCUIT COURT. DOES NOT ALLOW A STAY OR SUSPENSION OF A PSC ORDER THAT ESTABLISHES NEW RATES OR CHARGES, BUT PROVIDES PROCEDURES FOR TEMPORARY RATE ADJUSTMENTS IN THE EVENT THE COURT DETERMINES THE PSC'S RATE ORDER WAS IN ERROR. ADDS AN EMERGENCY CLAUSE FOR THESE SECTIONS.

HA 5: ADDS A PROVISION REGARDING THE CALCULATION OF A SINGLE TAX RATE BY SCHOOL DISTRICTS WHEN VOTERS IN THE DISTRICT PREVIOUSLY APPROVED SEPARATE TAX RATES ON EACH SUBCLASS OF REAL PROPERTY AND PERSONAL PROPERTY IN THE AGGREGATE.

HA 6: MODIFIES PROVISIONS PERTAINING TO: NON-PAYMENT OF WATER OR SEWER BILLS FOR RENTAL PROPERTY IN ST. LOUIS AND KANSAS CITY, TERMINATION OF WATER SERVICE AT RENTAL PROPERTY DUE TO NON-PAYMENT, CUSTOMER NOTICE REQUIREMENTS FOR TERMINATION OF WATER SERVICE, RECOVERY OF BAD DEBT BY NATURAL GAS COMPANIES THROUGH RATE ADJUSTMENTS, INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGES (ISRS) FOR SMALL WATER COMPANIES AND ENERGY EFFICIENCY PROJECTS, AND PAYMENT OF UTILITY BILL ARREARAGES ACCRUED DURING THE COLD WEATHER RULE UNDER THE UTILICARE PROGRAM.

HA 7: REMOVES SECTION 393.1075 FROM THE BILL, RELATING TO TAX CREDITS FOR HISTORIC PRESERVATION AND LOW-INCOME HOUSING AND

PARTICIPATION IN AN ENERGY EFFICIENCY PROGRAM WITH A MONETARY BENEFIT.

HA 8: ADDS SECTIONS 393.1400 TO 393.1445 TO THE BILL, WHICH CREATE THE "RENEWABLE ENERGY ACT." THE AMENDMENT REPEALS THE CURRENT RENEWABLE ENERGY STANDARD, ALSO KNOWN AS "PROPOSITION C" APPROVED BY VOTERS IN 2008. THE RENEWABLE ENERGY ACT SETS MINIMUM REQUIREMENTS FOR ENERGY GENERATED FROM RENEWABLE SOURCES THAT MUST EITHER BE OWNED OR PURCHASED BY ELECTRIC UTILITIES TO SUPPLY TO THEIR MISSOURI CUSTOMERS BY CERTAIN YEARS. DIFFERENT REQUIREMENTS APPLY BASED ON THE RETAIL REVENUES OF THE UTILITY. THE AMENDMENT ALSO ADDS SECTION 620.2300 RELATING TO A CLEANFIELDS RENEWABLE ENERGY DEMONSTRATION PARK WITH AN EMERGENCY CLAUSE FOR THIS SECTION.

HA 9: ADDS SECTION 386.370, WHICH CREATES A FUNDING ASSESSMENT ON REGULATED UTILITIES FOR THE OFFICE OF PUBLIC COUNSEL. ADDS SECTION 393.135, WHICH ALLOWS AN ELECTRIC COMPANY TO RECOVER FROM ITS RATEPAYERS CERTAIN COSTS ASSOCIATED WITH ACQUIRING AN EARLY SITE PERMIT FOR A NUCLEAR POWER PLANT.