Solar Pilot Agreement
Solar PILOT agreement
This agreement was signed by the BOS on Sept. 24, 2013, BEFORE the DOR published its guideline on Energy PILOTS in March 2014. Why not request a review of this agreement by the DOR to see if it abides by the new guidelines? A review by the DOR doesn't cost anything - It's FREE!!!
So before rushing off to violate an Open Meeting Law and wasting ratepayer money on legal counsel, just ask for a review by the DOR.
Energy PILOTs
Communities receiving “payment in lieu of taxes” (PILOTs) pursuant to the provisions of G.L. c. 59, §38H(b) must follow the requirements spelled out in IGR 98-403 for tax agreements regarding power plants of generation and wholesale generation companies, which include solar generation facilities that provide electricity to the grid. Note Part I. C. which indicates that:
Agreements should fix values or formulas for determining values (rather than fixing tax payments). These values should be representative of the future full and fair cash values of the plant for the term of the agreement and payments resulting from them will be treated as property taxes for Proposition 21⁄2 and tax classification purposes. The payments are subject to the municipality’s levy limit, and the values will be used to calculate its levy ceiling and minimum residential factor. (emphasis added)
For FY2015 forward, communities will not be allowed to place a negotiated dollar amount as part of PILOT estimated receipts on page 3 of the Tax Rate Recapitulation form. The negotiated payments must be translated into assessed value and applied as indicated in the Guideline.
For more detailed information on the matter, please contact the Bureau of Local Assessment.
Communities receiving “payment in lieu of taxes” (PILOTs) pursuant to the provisions of G.L. c. 59, §38H(b) must follow the requirements spelled out in IGR 98-403 for tax agreements regarding power plants of generation and wholesale generation companies, which include solar generation facilities that provide electricity to the grid. Note Part I. C. which indicates that:
Agreements should fix values or formulas for determining values (rather than fixing tax payments). These values should be representative of the future full and fair cash values of the plant for the term of the agreement and payments resulting from them will be treated as property taxes for Proposition 21⁄2 and tax classification purposes. The payments are subject to the municipality’s levy limit, and the values will be used to calculate its levy ceiling and minimum residential factor. (emphasis added)
For FY2015 forward, communities will not be allowed to place a negotiated dollar amount as part of PILOT estimated receipts on page 3 of the Tax Rate Recapitulation form. The negotiated payments must be translated into assessed value and applied as indicated in the Guideline.
For more detailed information on the matter, please contact the Bureau of Local Assessment.
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Please review page 11 of the Agreement For Payment In Lieu of Taxes. The schedule of payments are FIXED tax payments for 20 years.
Reading section 18 + 19 are a reason to shy away from projects like this as with in the past our TMLWP do what they want when they want and are still not caught up on the past laws in chapter 164 they violate day after day.
ReplyDeleteWhere are the contracts over 5,000.00 rom MMWEC they are needed by law to have on file for any person to look at.
Do they not want us to know what they have gotten us into and why do they hide the facts in executive sessions that should be for the public to know. There are big changes needed to be made at TMLWP why not start them now!
I see no need to have this discussion behind closed doors. The people of this town are the owners of the Light and Water Company, and what ever they do, or the decisions they make should be made with full disclosure. It should be of no concern, what this company pays for taxes to the Town of Templeton. That should not be their business, unless a deal was made to give less to the town, so the Light Company and the land owner could make more. There has to be changes in the way the town deals with departments that don't pay their own way. We have been carrying Light and Water for too long, doing their payroll, paying their bills, with out so much as a thank you. It is time to make that change because we can not afford to baby sit them any longer. Bev.
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