SB 892 - The act creates and modifies provisions relating to electric utilities. PERMITS TO CONSTRUCT SOLAR FARMS (Section 67.5350)
Under the act, prior to obtaining a certificate of public convenience or necessity from the Public Service Commission, any person constructing a solar farm shall first submit an application to the county commission in each county where the solar farm is to be located.
The county commission of any county shall adopt orders or ordinances requiring a permit to construct a solar farm within specified boundaries in an unincorporated area within the county. Within 90 days of receiving an application for a permit, the county commission shall hold a public meeting and give notice at least 14 days prior to the public meeting. The applicant shall provide certain information at the public meeting as provided in the act.
This act further provides that not later than 90 days after the public meeting, the county commission shall do the following:
- Issue a permit;
- Issue a permit limiting the boundaries of the proposed solar farm; or
- Deny the permit.
Any applicant making a material amendment to a permit once it is issued must submit a new application for a permit to the county commission for approval. Additionally, any applicant who is issued a permit shall obtain liability insurance in an amount sufficient to cover any damages which may arise from the construction of the solar farm.
Finally, the Public Service Commission shall not issue a certificate of public convenience or necessity to any applicant who did not receive a permit from a county commission in each county where the solar farm is to be located.
TAXATION OF SOLAR ENERGY PROJECTS (Section 137.100, 137.124, 153.030, & 153.034)
Current law exempts solar energy systems not held for resale from property taxes. This act repeals such provision and provides that solar energy systems constructed for exclusive use of a single property may be exempted from property tax at the discretion of the county assessor.
Beginning January 1, 2025, for purposes of assessing all real property, excluding land, or tangible personal property associated with a project that uses solar energy directly to generate electricity, 37.5% of the original costs shall be the true value in money of such property. Such value shall begin the year immediately following the year of construction of the property. Original costs are described in the act.
Beginning January 1, 2025, for any public utility assessed under the act which has a solar energy project, such solar energy project shall be assessed using the methodology for real and personal property as described under the act.
The act also modifies the definition of “distributable property” to include real or tangible personal property as described in the act.
These provisions are identical to HB 2651 (2024), SB 549 (2023), SB 1014 (2022) and HB 1997 (2022).
COMMISSION'S RULEMAKING AUTHORITY RELATING TO THE CONSTRUCTION OF ELECTRIC TRANSMISSION LINES ON AGRICULTURAL LAND (Section 393.172)
By March 31, 2025, the Public Service Commission shall promulgate rules applicable to electrical corporations requiring construction of electric transmission lines for which permission is sought from the Commission to adhere to specific standards relating to construction activities occurring on privately owned agricultural land. Such standards are described in the act.
This provision is substantially similar to a provision in SB 805 (2024).
JULIA SHEVELEVA