Vermont H 712: An act relating to provider eligibility for broadband grants under the Vermont Community Broadband Fund

Bill Text

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H.712 1
Introduced by Representatives Burtt of Cabot, Dobrovich of Williamstown, 2
Lipsky of Stowe, Nelson of Derby, North of Ferrisburgh, and 3
O’Brien of Tunbridge 4
Referred to Committee on 5
Date: 6
Subject: Taxation; uniform capacity tax; solar facilities; farm security fund 7
Statement of purpose of bill as introduced: This bill proposes to increase the 8
rate for the Uniform Capacity Tax on solar generation and storage and direct 9
the new revenue to the newly created Farm Security Special Fund. The bill 10
further establishes a Farm Security Special Fund to provide grants for farm 11
losses due to weather conditions. 12
An act relating to the Uniform Capacity Tax and Farm Security Special 13
Fund 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 32 V.S.A. § 8701 is amended to read: 16
§ 8701. UNIFORM CAPACITY TAX 17
(a) As used in this section, the terms “energy storage facility,” “kW,” 18
“kWh,” “plant,” “plant capacity,” and “renewable energy” shall be as defined 19
in 30 V.S.A. §§ 201(4) and 8002; provided, however, that any tax or 20

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exemption under this chapter shall only apply to the fixtures and personal 1
property of a plant and not to the underlying land. 2
(b)(1) There is assessed on any renewable energy plant in Vermont 3
commissioned to generate solar power an annual tax of $4.00 $16.00 per kW 4
of plant capacity. 5
(2) There is assessed on any stationary grid-connected energy storage 6
facility in Vermont that has a plant energy rating of 600 kWh or larger and that 7
is not connected to a renewable energy plant an annual tax of $0.50 $2.00 per 8
kWh of plant energy rating. 9
(3) The tax imposed under this section shall be paid to the Department 10
of Taxes not later than April 15 of each year and accompanied by a return with 11
such information as the Department of Taxes may require. The Department of 12
Taxes shall deposit half of the taxes collected under this section into the 13
Education Fund and half of the taxes collected under this section into the Farm 14
Security Special Fund. The Department of Taxes may adopt procedures and 15
rules necessary to implement the tax in this section. 16
(c) A renewable energy plant that generates electricity from solar power 17
shall be exempt from taxation under this section if it has a plant capacity of 18
less than 50kW. An energy storage facility shall be exempt from taxation 19
under this section if it has a plant energy rating of less than 600 kWh. 20

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(d) The existence of a renewable energy plant or energy storage facility 1
subject to tax under subsection (b) of this section shall not: 2
(1) alter the exempt status of any underlying property under section 3
3802 or subdivision 5401(10)(F) of this title; or 4
(2) alter the taxation of the underlying property under chapters 121–135 5
of this title. 6
Sec. 2. 16 V.S.A. § 4025 is amended to read: 7
§ 4025. EDUCATION FUND 8
(a) The Education Fund is established to comprise the following: 9
* * * 10
(9) half of the uniform capacity tax revenue deposited pursuant to 32 11
V.S.A. § 8701(b)(3); 12
* * * 13
Sec. 3. 6 V.S.A. chapter 207 is amended to read: 14
CHAPTER 207. PROMOTION AND, MARKETING, AND SUPPORT OF 15
VERMONT FARMS, FOODS, AND PRODUCTS 16
* * * 17
Subchapter 5. Farm Security Special Fund 18
§ 4641. DEFINITIONS 19
As used in this subchapter: 20

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(1) “Eligible weather condition” means any of the following weather 1
conditions that are found to be closely correlated with agricultural income 2
losses: 3
(A) high winds; 4
(B) excessive moisture, intense precipitation, or flooding; 5
(C) extreme heat; 6
(D) abnormal freeze conditions; 7
(E) widespread fire event; 8
(F) hail; 9
(G) drought; or 10
(H) any other severe weather or growing conditions impacting 11
agricultural income, as determined by the Review Board. 12
(2) “Farm” means a parcel or parcels of land owned, leased, or managed 13
by a person and devoted primarily to farming and that is subject to regulation 14
under the Required Agricultural Practices. 15
(3) “Farm Security Special Fund Review Board” or “Review Board” 16
means the Board established under section 4634 of this title. 17
(4) “Farming” has the same meaning as in section 2.16 of the Required 18
Agricultural Practices. 19

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§ 4642. FARM SECURITY SPECIAL FUND 1
(a) There is established the Farm Security Special Fund to be administered 2
by the Secretary of Agriculture, Food and Markets and that shall be managed 3
in accordance with 32 V.S.A. chapter 7, subchapter 5. The Fund shall consist 4
of: 5
(1) funds transferred by the General Assembly; 6
(2) funds from public and private sources that the Secretary accepts for 7
the Fund; 8
(