The Policy Institute, based in Helena, Montana, blends authoritative research and
hands-on political engagement to create public policy based on economic justice, fair taxation, corporate accountability and environmental responsibility.
How the "Clean and Green" Property Tax Incentives will be Applied to Electrical Transmission Property
The Montana Department of Environment Quality (DEQ) will classify transmission lines as Class 14 (3%) or for the 50% Abatement (also known as "Clean and Green" Property Tax Incentives) if and when a company seeks these incentives. Otherwise, transmission lines will be sorted by ownership by the Department of Revenue (DOR).
To qualify for Class 14 classification, the following requirements must be met:
- Standard prevailing wages for heavy construction must be paid during construction.
- Must meet the definition contained in MCA 15-6-157, specifically:
- (s) high-voltage direct-current transmission lines and associated equipment and structures, including converter stations and interconnections, other than property classified under MCA 15-6-159, that:
- (i) originate in Montana with a converter station located in Montana east of the continental divide and that are constructed after July 1, 2007;
- (ii) are certified under the Montana Major Facility Siting Act; and
- (iii) provide access to energy markets for Montana electrical generation facilities listed in this section that commenced construction after June 1, 2007.
- (t) all property of electric transmission lines, including substations, that originate at facilities specified in this subsection (1), with at least 90% of electricity carried by the line originating at facilities specified in this subsection (1) and terminating at an existing transmission line or substation that has commenced construction after June 1, 2007.
- (u) the qualified portion of an alternating current transmission line and its associated equipment and structures, including interconnections, that has commenced construction after June 1, 2007.
The DEQ will also determine, upon application, if a line qualifies for the 50% Abatement, described in MCA 15-24-3111. Specifically:
- Transmission lines and associated equipment and structures classified in 15-6-157 (as above), must meet the following requirements:
- Commencement of construction of the facility must occur after July 1, 2007.
- Standard prevailing wages for heavy construction must be paid during construction.
- The abatement will be in effect for 15 years after the facility commences operation with four years allowed for construction time (not to exceed 19 years total).
If a line were to carry more than one type of energy (renewable and non-renewable), the line would be taxed proportionately based on how much energy comes from each of the facilities that contracted for firm space on the line. Facilities that use the line on a non-firm basis will not be considered in the determination.
Within 30 days of receipt of application, the DEQ will determine whether or not the application is complete and will notify the applicant. (A follow-up interview or inspection by the DEQ may follow application.) Within 60 days of determining the application is complete, the DEQ will issue a certification or deny the application and will notify the applicant either way. If the DEQ finds that a facility or equipment qualifies for classification or abatement, it will issue a certification of eligibility. Once the property is certified by the DEQ, the DOR will apply and administer the property tax just as with any other facility.
Sources: Paul Cartwright, Senior Energy Analyst, Department of Environmental Quality and http://deq.mt.gov