Brief⁽¹⁾

H.B. 2438, as amended, would provide a property tax exemption for real property upon which is located facilities which utilize renewable energy resources and technologies for the purpose and as the primary means to produce and generate electricity and which is used predominantly for such purpose, to the extent necessary to accommodate such facilities. The bill also would exempt personal property which comprises such facilities.

"Renewable energy resources or technologies" would be defined to include wind, solar, thermal, photovoltaic, biomass, hydropower, geothermal, and land-fill gas resources or technologies.

Background

A fiscal note from the Budget Division said the original bill would reduce the property tax base by a "negligible" amount.

The House Committee amendments were intended to clarify that the exemption would apply only to the real estate necessary to accommodate the renewable-energy facilities.

The original bill would have provided the exemption only for qualifying real and personal property subject to state-assessed valuation pursuant to K.S.A. 79-5a01. The House on Final Action amended the bill to strike the requirement that the property be subject to state-assessed valuation in order to qualify for the exemption.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html