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H0104...................................................by LOCAL GOVERNMENT TAXING DISTRICTS - WIND POWER - Amends existing law to allow the boundaries of highway districts, cemetery districts, fire protection districts and flood control districts to be adjusted if a property used to produce electricity utilizing wind contains more than five electrical generating towers and is located within five miles of the boundary of the respective districts. 02/03 House intro - 1st rdg - to printing 02/04 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 104 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO TAXING DISTRICTS AND OPERATING PROPERTY USED FOR ELECTRICAL GENER- 3 ATION; AMENDING SECTION 40-1706, IDAHO CODE, TO PROVIDE A PROCEDURE FOR 4 ADJUSTMENT OF HIGHWAY DISTRICT BOUNDARIES WHEN OPERATING PROPERTY USED TO 5 PRODUCE ELECTRICITY UTILIZING WIND IS CONSTRUCTED WITHIN FIVE MILES OF A 6 BOUNDARY; AMENDING SECTION 27-107, IDAHO CODE, TO ALLOW THE BOUNDARY OF A 7 CEMETERY DISTRICT TO BE CHANGED IF DECLARED IN THE PUBLIC INTEREST BY THE 8 BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 27-121, IDAHO CODE, TO 9 PROVIDE A PROCEDURE FOR CEMETERY DISTRICT BOUNDARY ADJUSTMENTS IF CERTAIN 10 CIRCUMSTANCES OCCUR; AMENDING SECTION 31-1404, IDAHO CODE, TO ALLOW THE 11 BOUNDARY OF A FIRE PROTECTION DISTRICT TO BE CHANGED IF DECLARED IN THE 12 PUBLIC INTEREST BY THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 13 31-1420, IDAHO CODE, TO PROVIDE A PROCEDURE FOR FIRE DISTRICT BOUNDARY 14 ADJUSTMENTS IF CERTAIN CIRCUMSTANCES OCCUR; AND AMENDING SECTION 42-3120, 15 IDAHO CODE, TO PROVIDE A PROCEDURE WHERE THE DIRECTOR OF THE DEPARTMENT OF 16 WATER RESOURCES MAY ADJUST THE BOUNDARIES OF A FLOOD CONTROL DISTRICT IF 17 CERTAIN CIRCUMSTANCES OCCUR AND TO MAKE TECHNICAL CORRECTIONS. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 40-1706, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 40-1706. ADJUSTMENT OF HIGHWAY DISTRICTBORDERSBOUNDARIES -- NOTICE -- 22 HEARING -- DECISION OF COMMISSIONERS -- APPEAL. (1) In areas where more than 23 one (1) highway district exists and the highway districts were organized under 24 the provisions of this chapter, the commissioners shall have the duty and 25 obligation from time to time as shall be practical and for the best interests 26 of the countywide administration of the secondary highway systems, to adjust 27 thebordersboundaries of the highway districts coexisting in the county as 28 shall most equitably and economically permit the administration, operation and 29 construction of the secondary highway system within the county. Consideration 30 of the merit for adjustment of highway district boundaries for the equitable 31 and economical administration, operation and construction of the secondary 32 highway system shall specifically extend to consideration of tax revenue dis- 33 tributions for multiple highway districts, the boundaries of which exist 34 within five (5) miles of a property taxed as an operating property in accor- 35 dance with section 63-410, Idaho Code. Such consideration shall include prop- 36 erties used to produce electricity utilizing wind, that contain more than five 37 (5) electrical generating towers on private, state or federal lands. 38 (2) Notice of a proposal to change the boundaries of the highway dis- 39 tricts within the county shall be given by the commissioners through the 40 county clerk to the districts affected and notice shall be published in accor- 41 dance with the provisions of section 40-206, Idaho Code. 42 (3) At the hearing any person objecting may be heard in opposition, and 43 upon the closing of the hearing, the commissioners shall within ten (10) days 2 1 after the hearing, notify the districts affected of their decision, and. 2 (4) Aany district aggrieved by the decision shall have the right through 3 its highway commissioners to appeal the decision directly to the district 4 court of the county in which the district lies. 5 (5) Matters referred to the district court on appeal shall be submitted 6 by petition for hearing within twenty (20) days of the announcement of the 7 decision of the commissioners and the matter disposed of by the district court 8 by reversal or approval. Failure to diligently prosecute the matter before the 9 district court shall justify the district court in dismissing the appeal with- 10 out hearing. 11 SECTION 2. That Section 27-107, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 27-107. ELECTION -- QUALIFICATION OF ELECTORS -- CANVASS -- BOUNDARY 14 ADJUSTMENT. (1) Such election shall be conducted in accordance with the gen- 15 eral laws of the state. The board of county commissioners shall establish as 16 many election precincts within such proposed cemetery maintenance district as 17 may be necessary, and define the boundaries thereof, which said precincts may 18 thereafter be changed by the cemetery maintenance board of such district in 19 case such district be organized. Said board of county commissioners shall also 20 appoint three (3) judges of election for each such election precinct, who 21 shall perform the same duties as judges of election under the general laws of 22 the state; and the result of such election shall be certified, and canvassed 23 and declared by the board of county commissioners. 24 (2) Once declared by the board of county commissioners, the boundary of 25 the district shall remain unchanged except as may be otherwise determined by 26 the board of county commissioners to be in the public interest in accordance 27 with subsection (3) of section 27-121, Idaho Code. 28 SECTION 3. That Section 27-121, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 27-121. LEVIES BY CEMETERY MAINTENANCE BOARD COMMISSIONERS -- DISTRICT 31 BOUNDARY ADJUSTMENT. (1) At the last regular meeting of the cemetery mainte- 32 nance board prior to the second Monday of September in each year, the cemetery 33 board of each cemetery maintenance district may levy for cemetery purposes a 34 property tax in each cemetery maintenance district of not more than four hun- 35 dredths of one percent (.04%) of the market value for assessment purposes on 36 all taxable property within the cemetery maintenance district. Upon the levy 37 being made by the cemetery maintenance board under this section, it shall be 38 the duty of the secretary of the district to transmit to the county auditor 39 and county assessor and state board of equalization, certified copies of the 40 resolution providing for such levy as provided in section 63-808, Idaho Code. 41 Said taxes shall be collected as provided in section 63-812, Idaho Code. 42 (2) An additional property tax of not more than six hundredths of one 43 percent (.06%) of the market value for assessment purposes on all taxable 44 property within the cemetery maintenance district may be levied by the ceme- 45 tery board for the sole and express purpose of acquisition of burial ground. 46 The proceeds from such levy may be accumulated by the board for future acqui- 47 sitions, or pledged to the repayment of indebtedness incurred pursuant to sec- 48 tion 27-122, Idaho Code, provided, that the proposal to levy such additional 49 amount of property tax, or portion thereof, shall have been approved by at 50 least two-thirds (2/3) of the qualified electors residing in the cemetery 51 maintenance district at a previous election held in accordance with the provi- 3 1 sions of section 34-106, Idaho Code. 2 (3) In areas of a county where more than one (1) cemetery maintenance 3 district exists, the districts were organized under the provisions of this 4 chapter, district boundaries are contiguous and where a boundary change is 5 unanimously petitioned by a cemetery maintenance board of commissioners, the 6 county commissioners shall adjust the boundaries of cemetery maintenance dis- 7 tricts having contiguous boundaries if the county commission determines a 8 boundary adjustment would permit one (1) or more of the cemetery maintenance 9 districts to more equitably or economically operate. A petition by a cemetery 10 maintenance board of commissioners to adjust boundaries shall be filed with 11 the county clerk and the county clerk shall transmit a copy of the petition 12 to all affected cemetery maintenance district boards of commissioners. Addi- 13 tionally, notice of a board's petition shall be published in accordance with 14 the procedures contained in section 40-206, Idaho Code, as if a cemetery 15 maintenance district were a highway district. At the hearing any person 16 objecting may be heard in opposition, and no later than ten (10) days after 17 the hearing, the county commission shall issue an order stating its decision. 18 Any district aggrieved by the decision may appeal the decision to the district 19 court of the county in which the district lies. 20 (4) Consideration of the merit for adjustment of cemetery maintenance 21 district boundaries for the equitable and economical administration, operation 22 and construction of the cemeteries shall specifically extend to consideration 23 of tax revenue distributions for cemetery maintenance districts, the contigu- 24 ous boundaries of which coexist within five (5) miles of a property taxed as 25 an operating property in accordance with section 63-410, Idaho Code. Such con- 26 sideration shall include properties used to produce electricity utilizing wind 27 and that contain more than five (5) electrical generating towers on private, 28 state or federal lands. 29 SECTION 4. That Section 31-1404, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 31-1404. NOTICE OF HEARING. When such petition is presented to the board 32 of county commissioners and filed in the office of the clerk of such board, 33 the said board shall set a time for a hearing upon such petition, which time 34 shall not be less than four (4) nor more than six (6) weeks, from the date of 35 the presentation and filing of such petition. A notice of the time of such 36 hearing shall be published by said board, once each week for three (3) succes- 37 sive weeks previous to the time set for such hearing, in a newspaper published 38 within each county in which said district is to be situated. Said notice shall 39 state that a fire protection district is proposed to be organized, giving the 40 proposed boundaries thereof, and that any taxpayer within the proposed bound- 41 aries of such proposed district may on the date fixed for such hearing appear 42 and offer any testimony pertaining to the organization of such district, the 43 proposed boundaries thereof or the including or excluding of any real property 44 therein or therefrom. After hearing and considering any and all testimony, if 45 any such be interposed, the county commissioners shall thereupon make an order 46 thereon either denying such petition or granting the same, with or without 47 modification, and shall accordingly fix the boundaries of such proposed dis- 48 trict in any order granting such petition. The boundaries so fixed shall be 49 the boundaries of said district after its organization be completed as pro- 50 vided by this chapter, and shall remain unchanged except as may be otherwise 51 determined by the board of county commissioners to be in the public interest 52 in accordance with subsection (4) of section 31-1420, Idaho Code. Aamap show- 53 ing the boundaries of such proposed district as finally fixed and determined 4 1 by the board of county commissioners shall be prepared and filed in the office 2 of the clerk of said board. 3 If the district is to be situated in two (2) or more counties, each board 4 of county commissioners shall coordinate the hearing date and the publications 5 of notice so that only one (1) hearing need be held. Unless otherwise agreed 6 to by each board of county commissioners involved, the hearing shall be held 7 in the county with the largest area to be included within the district, and 8 the boards of county commissioners are hereby specifically authorized to act 9 in a joint manner for such purposes. 10 SECTION 5. That Section 31-1420, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 31-1420. LEVY -- DISTRICT BOUNDARY ADJUSTMENT. (1) Each year, immediately 13 prior to the annual county levy of taxes, the board of commissioners of each 14 fire protection district, organized and existing under this act, may levy a 15 tax upon all the taxable property within the boundaries of such district suf- 16 ficient to defray the cost of equipping and maintaining the district of 17 twenty-four hundredths percent (.24%) of market value for assessment purposes, 18 to be used for the purposes of this act and for no other purpose. The levy 19 shall be made by resolution entered upon the minutes of the board of commis- 20 sioners of the fire protection district, and it shall be the duty of the sec- 21 retary of the district, immediately after entry of the resolution in the min- 22 utes, to transmit to the county auditor, county assessor and state board of 23 equalization certified copies of the resolution providing for such levy. Said 24 taxes shall be collected as provided by section 63-812, Idaho Code. 25 (2) If two (2) or more fire protection districts consolidate into one (1) 26 district, the provisions of section 63-802, Idaho Code, shall apply to the 27 consolidated district's budget request as if the former district which, in the 28 year of the consolidation, has the higher levy subject to the limitations of 29 section 63-802, Idaho Code, had annexed the other district or districts. In 30 addition, the consolidated district shall receive the benefit of foregone 31 increases accumulated by the former districts under section 63-802(1)(a), 32 Idaho Code. 33 (3) Notwithstanding the provisions of section 63-802, Idaho Code, fire 34 protection districts adversely impacted by abnormally low levies at the time 35 of enactment of section 63-2220A, Idaho Code, and recodified as section 36 63-802, Idaho Code, may seek voter approval to reach a fire protection dis- 37 trict levy of twenty-four hundredths percent (.24%) of market value for 38 assessment purposes to be used for the purposes of this act and for no other 39 purpose. The additional budget amount must be approved by sixty-six and two- 40 thirds percent (66 2/3%) of the voters on the question at an election called 41 for that purpose and held on the dates provided by section 34-106, Idaho Code. 42 If approved by the voters, the additional budget amount may be included in 43 each succeeding annual budget. 44 (4) In areas of a county where more than one (1) fire protection district 45 exists, the districts were organized under the provisions of this chapter, 46 district boundaries are contiguous and where a boundary change is unanimously 47 petitioned by a fire protection district board of commissioners, the county 48 commissioners shall adjust the boundaries of fire protection districts if the 49 county commission determines a boundary adjustment would permit one (1) or 50 more of the fire protection districts to more equitably or economically oper- 51 ate. A petition by a fire protection district board of commissioners to 52 adjust boundaries shall be filed with the county clerk and the county clerk 53 shall transmit a copy of the petition to all affected fire protection district 5 1 boards of commissioners. Additionally, notice of a board's petition shall be 2 published in accordance with the procedures contained in section 40-206, Idaho 3 Code, as if a fire protection district were a highway district. At the hearing 4 any person objecting may be heard in opposition, and no later than ten (10) 5 days after the hearing, the county commission shall issue an order stating its 6 decision. Any district aggrieved by the decision may appeal the decision to 7 the district court of the county in which the district lies. 8 (5) Consideration of the merit for adjustment of fire protection district 9 boundaries for the equitable and economical acquisition, administration and 10 construction of fire protection facilities shall specifically extend to con- 11 sideration of tax revenue distributions for fire protection districts, the 12 contiguous boundaries of which coexist within five (5) miles of a property 13 taxed as an operating property in accordance with section 63-410, Idaho Code. 14 Such consideration shall include properties used to produce electricity uti- 15 lizing wind and that contain more than five (5) electrical generating towers 16 on private, state or federal lands. 17 SECTION 6. That Section 42-3120, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 42-3120. ENLARGEMENT OF DISTRICT -- PETITION. (1) An existing district 20 may be enlarged in the same manner as a district may be originally organized 21 pursuant to the provisions of thisactchapter, except that a petition for the 22 enlargement of an existing district shall be signed by at least one-third 23 (1/3) of the qualified voters in the area of the proposed extension to this 24 existing district, as shall be determined by the voters who voted in the last 25 general election next preceding the filing of the petition for enlargement; 26 and shall bear theindorsementendorsement of the board of the existing dis- 27 trict certifying that the proposed enlargement is desirable. 28 (2) In areas of a county where more than one (1) flood control district 29 exists, the districts were organized under the provisions of this chapter, 30 district boundaries are contiguous and where a boundary change is unanimously 31 petitioned by a flood control district board of commissioners, the director 32 shall adjust the boundaries of flood control districts if the director deter- 33 mines a boundary adjustment would permit one (1) or more of the flood control 34 districts to more equitably or economically operate. A petition by a flood 35 control district board of commissioners to adjust boundaries shall be filed 36 with the director and the county clerk shall transmit a copy of the petition 37 to all affected flood control district boards of commissioners. Additionally, 38 notice of a board's petition shall be published in accordance with the proce- 39 dures contained in section 40-206, Idaho Code, as if a flood control district 40 were a highway district. At the hearing any person objecting may be heard in 41 opposition, and no later than ten (10) days after the hearing, the director 42 shall issue an order stating his decision. Any district aggrieved by the deci- 43 sion may appeal the decision to the district court of the county in which the 44 district lies. 45 (5) Consideration of the merit for adjustment of flood control district 46 boundaries for the equitable and economical acquisition, administration and 47 construction of flood control facilities shall specifically extend to consid- 48 eration of tax revenue distributions for flood control districts, the contigu- 49 ous boundaries of which coexist within five (5) miles of a property taxed as 50 an operating property in accordance with section 63-410, Idaho Code. Such 51 consideration shall include properties used to produce electricity utilizing 52 wind and that contain more than five (5) electrical generating towers on pri- 53 vate, state or federal lands.
STATEMENT OF PURPOSE RS 14532 In the future, it can be expected that wind-farms sited on federal, state or private lands will be located within, or near, one of more local tax districts having contiguous boundaries. The same situation can occur for wind-farms sited on private land or state land, or a combination of the three. In such instances, tax benefit analysis may demonstrate that previously established taxing district boundaries do not fairly distribute tax revenues made available by properties used to produce electricity from wind resources. Additionally, impacts of wind-farms sited near municipal areas may be made less contentious if impacted communities are able to seek mitigating benefits in the form of tax revenue acquired through local tax district boundary changes. This legislation establishes several new sections in Idaho code that provide opportunities for County Commissioners to consider the distribution of tax revenues for certain local tax districts, the boundary of at least one being contiguous with one or more districts formed for the same purposes, and that same boundary existing within five (5) miles of a property, or properties, taxed on the basis of development and operation for the commercial purpose of generating and marketing electricity utilizing wind. Local tax district boundaries within any given county would be adjusted by County Commissioners based on considerations of merit for equitable and economical operations between competing tax districts formed for the same purpose. FISCAL NOTE This legislation does not impact the State tax revenue received from the development and operation of wind-farms located on federal, state or private lands, nor does it unfairly increase or decrease the total personal property tax of a developer and operator of a commercial project located on federal, state or private land. Contact Name: Rep. John A. Stevenson Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 104