| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
REVENUE (35 ILCS 200/) Property Tax Code. 35 ILCS 200/Art. 10 Div. 20
(35 ILCS 200/Art. 10 Div. 20 heading)
Division 20. Commercial solar energy systems
(Source: P.A. 100-781, eff. 8-10-18.) |
35 ILCS 200/10-720 (35 ILCS 200/10-720) Sec. 10-720. Definitions. For the purpose of this Division
20: "Allowance for physical depreciation" means (i) the actual age
in years of the commercial solar energy system on the assessment
date divided by 25 years, multiplied by (ii) its trended real property
cost basis. The physical depreciation, however, may not reduce
the value of the commercial solar energy system to less than 30%
of its trended real property cost basis. "Commercial solar energy system" means any device or
assembly of devices that (i) is ground installed and (ii) uses
solar energy from the sun for generating electricity for the
primary purpose of wholesale or retail sale and not primarily
for consumption on the property on which the device or devices
reside. "Commercial solar energy system real property cost basis"
means the owner of a commercial solar energy system's
interest in the land within the project boundaries and real
property improvements and shall be calculated at $218,000 per megawatt of
nameplate capacity. For the purposes of this Section,
"nameplate capacity" has the same definition as found in Section
1-10 of the Illinois Power Agency Act. "Ground installed" means the installation of a commercial
solar energy system, with the primary purpose of solar energy
generation for wholesale or retail sale, on a parcel or tract of
land. "Trended real property cost basis" means the commercial
solar energy system real property cost basis multiplied by the
trending factor. "Trending factor" means a number equal to the Consumer
Price Index (U.S. city average all items) published by the
Bureau of Labor Statistics for the December immediately
preceding the assessment date, divided by the Consumer Price
Index (U.S. city average all items) published by the Bureau of
Labor Statistics for December of 2017.
(Source: P.A. 100-781, eff. 8-10-18.) |
35 ILCS 200/10-725 (35 ILCS 200/10-725) Sec. 10-725. Improvement valuation of commercial solar
energy systems in counties with fewer than 3,000,000
inhabitants. Beginning in assessment year 2018, the fair cash
value of commercial solar energy system improvements in counties
with fewer than 3,000,000 inhabitants shall be determined by
subtracting the allowance for physical depreciation from the
trended real property cost basis. Functional obsolescence and
external obsolescence of the solar energy device may further
reduce the fair cash value of the commercial solar energy system
improvements, to the extent they are proved by the taxpayer by
clear and convincing evidence.
(Source: P.A. 100-781, eff. 8-10-18.) |
35 ILCS 200/10-735 (35 ILCS 200/10-735) Sec. 10-735. Commercial solar energy systems not subject to
equalization. Commercial solar energy systems assessable under
this Division are not subject to equalization factors applied by
the Department or any board of review, assessor, or chief county
assessment officer.
(Source: P.A. 100-781, eff. 8-10-18.) |
35 ILCS 200/10-740 (35 ILCS 200/10-740) Sec. 10-740. Survey for ground installed commercial solar
energy systems; parcel identification numbers for property
improved with a ground installed commercial solar energy system.
Notwithstanding any other provision of law, the owner of the
ground installed commercial solar energy system shall commission
a metes and bounds survey description of the land upon which the
commercial solar energy system is installed, including access
routes, over which the owner of the commercial solar energy
system has exclusive control. The owner of the ground installed
commercial solar energy system shall, at his or her own expense,
use an Illinois-registered land surveyor to prepare the survey.
The owner of the ground installed commercial solar energy system
shall deliver a copy of the survey to the chief county
assessment officer and to the owner of the land upon which the
ground installed commercial solar energy system is constructed. Upon receiving a copy of the survey and an agreed acknowledgement to the separate parcel identification number by the owner of the land upon which the ground installed commercial solar energy system is constructed, the chief county assessment officer shall issue a separate parcel identification for the real property improvements, including the land containing the ground installed commercial solar energy system, to be used only for the purposes of property assessment for taxation. The property records shall contain the legal description of the
commercial solar energy system parcel and describe any leasehold
interest or other interest of the owner of the commercial solar
energy system in the property. A plat prepared under this
Section shall not be construed as a violation of the Plat Act.
(Source: P.A. 100-781, eff. 8-10-18.) |
35 ILCS 200/10-745 (35 ILCS 200/10-745) Sec. 10-745. Real estate taxes. Notwithstanding the
provisions of Section 9-175 of this Code, the owner of the
commercial solar energy system shall be liable for the real
estate taxes for the land and real property improvements of a
ground installed commercial solar energy system.
Notwithstanding the foregoing, the owner of the land upon which a
commercial solar energy system is installed may pay any unpaid
tax of the commercial solar energy system parcel prior to the
initiation of any tax sale proceedings.
(Source: P.A. 100-781, eff. 8-10-18; 101-81, eff. 7-12-19.) |
35 ILCS 200/10-750 (35 ILCS 200/10-750) Sec. 10-750. Property assessed as farmland. Notwithstanding
any other provision of law, real property assessed as farmland
in accordance with Section 10-110 in the assessment year prior
to valuation under this Division shall return to being assessed
as farmland in accordance with Section 10-110 in the year
following completion of the removal of the commercial solar
energy system as long as the property is returned to a farm use
as defined in Section 1-60 of this Act, notwithstanding that the
land was not used for farming for the 2 preceding years.
(Source: P.A. 100-781, eff. 8-10-18.) |
35 ILCS 200/10-755 (35 ILCS 200/10-755) Sec. 10-755. Abatements. Any taxing district, upon a
majority vote of its governing authority, may, after the
determination of the assessed valuation as set forth in this
Code, order the clerk of the appropriate municipality or county
to abate any portion of real property taxes otherwise levied or
extended by the taxing district on a commercial solar energy
system.
(Source: P.A. 100-781, eff. 8-10-18.) |
35 ILCS 200/10-760 (35 ILCS 200/10-760) Sec. 10-760. Applicability. The provisions of this Division
apply for assessment years 2018 through 2033.
(Source: P.A. 100-781, eff. 8-10-18.) |
|
|
|