|
REFERENCE TITLE: tax reduction fund; renewable energy |
|
State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
|
|
HB 2915 |
|
|
|
Introduced by Representatives Marshall: Heap
|
AN ACT
amending title 11, chapter 2, article 4, arizona revised statutes, by adding section 11-269.31; relating to property taxes.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.31, to read:
11-269.31. Residential property tax reduction fund; property value reducing renewable energy facility; administration; calculation; distribution; definitions
A. On approval of all zoning elements for a property value reducing renewable energy facility, the board of supervisors of the county in which the property value reducing renewable energy facility is located shall establish a residential property tax reduction fund for each property value reducing renewable energy facility located in that county. The county treasurer shall administer each fund. The county treasurer shall distribute monies in each fund pursuant to subsection D of this section to each eligible residential property that is located within the eligible distance of the property value reducing renewable energy facility.
B. On or before december 1 of each year, the county treasurer shall deposit in each fund established pursuant to subsection A of this section a portion of the real and personal property tax revenues collected from each eligible residential property that is located within the eligible distance of the property value reducing renewable energy facility. The amount of real and personal property tax revenues collected from each eligible residential property located within the eligible distance from the property value reducing renewable energy facility and deposited in the fund shall be fifty percent of the DIFFERENCE of the assessed value of the eligible residential property before the construction of the property value reducing renewable energy facility and the assessed value of the eligible residential property after the construction of the property value reducing renewable energy facility.
C. The county treasurer may use Not more than ten percent of the monies deposited in each fund annually to administer the fund. the county treasurer shall determine the total amount of monies remaining in each fund after the monies to administer the fund are used and distribute those monies to each eligible residential property owner to reduce the annual real and personal property tax for the eligible residential property that is located within the eligible distance of the property value reducing renewable energy facility pursuant to the distribution method approved by the board of supervisors pursuant to subsection D of this section.
D. On or before September 1 of each year, the board of supervisors shall approve one of the following methods to distribute the remaining monies for each fund to each eligible residential property owner:
1. Distribution in an equal amount to each eligible residential property based on the total number of eligible residential properties located within the eligible distance of the property value reducing renewable energy facility.
2. Distribution In a proportional amount to each eligible residential property based on each eligible residential property's proportional share of the total assessed value of all eligible residential properties located within the eligible distance of the property value reducing renewable energy facility.
3. Distribution In a proportional amount to each eligible residential property based on each eligible residential property's proportional share of the total number of acres of all eligible residential properties located within the eligible distance of the property value reducing renewable energy facility.
4. Distribution In a fixed amount to each eligible residential property owner as determined by the board of supervisors.
5. Distribution In another equitable and nondiscriminatory amount, or using another equitable and nondiscriminatory method, to the owner of each eligible residential property located within the eligible distance of the property value reducing renewable energy facility as determined by the board of supervisors.
E. The distribution method that the board of supervisors approves pursuant to subsection D of this section shall be the same as each fund that is established for each property value reducing renewable energy facility located in that county.
F. Notwithstanding subsection c of this section, the amount of monies the county treasurer distributes to each eligible residential property owner may not exceed the amount of real or personal property tax due or outstanding real or personal property tax balance for the eligible residential property, whichever is greater. If an eligible residential property's distribution exceeds the total amount allowable under this subsection, the county treasurer shall distribute the maximum amount allowed under this subsection to that eligible residential property owner and proportionally distribute the excess to all of the other eligible residential properties located within the eligible distance of the property value reducing renewable energy facility.
G. Except as provided in subsection F of this section, A county treasurer may not move, transfer or comingle monies between funds and may not deposit any monies from a fund in the county general fund or any other account or location not authorized by this section.
H. The board of supervisors of a county that has established a fund pursuant to this section may not use, withdraw or transfer, or direct any person to use, withdraw or transfer, monies from a fund established pursuant to this section for any purpose not authorized by this section.
I. For the purposes of this section:
1. "eligible distance" means either of the following:
(a) If the property value reducing renewable energy facility is located in an unincorporated area of a county, the zoning area as defined in section 11-814.
(b) If the property value reducing renewable energy facility is located in a city or town, the zoning area as defined in section 9-462.04.
2. "eligible residential property" means a tax parcel that is located within the county zoned as a residential area and that is subject to property tax.
3. "eligible residential property owner" means the owner of an eligible residential property as shown on the last assessment of the eligible residential property.
4. "Property value reducing renewable energy facility":
(a) Means a wind or solar electric generating facility or project that meets all of the following:
(i) Has an aggregate nameplate rating of one hundred megawatts or more.
(ii) Has not received all zoning entitlements before the effective date of this section.
(iii) Does not produce power solely for on-site use.
(b) Does not include a rooftop solar system.