Introduced Version
HOUSE BILL No. 1658
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-1.1-12.
Synopsis: Sustainable building property tax deduction. Authorizes a
county fiscal body to adopt an ordinance providing a deduction from
the assessed value of a newly constructed building or a rehabilitated
building that is certified to meet the LEED (Leadership in Energy and
Environmental Design) silver rating under the rating systems of the
U.S. Green Building Council. Requires the ordinance to specify the
amount of the deduction. Authorizes the Indiana economic
development corporation to adopt rules allowing the corporation to
give priority to economic development projects that meet or surpass
LEED standards.
Effective: July 1, 2007.
Austin, Wolkins, Dvorak, Pierce
January 23, 2007, read first time and referred to Committee on Ways and Means.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1658
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-12-36; (07)IN1658.1.1. -->
SECTION 1. IC 6-1.1-12-36, AS AMENDED BY P.L.214-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 36. (a) A person who receives a deduction
provided under section 26, 29, 33, 34, 34.5,
or 38,
or 44 of this chapter
for a particular year and who remains eligible for the deduction for the
following year is not required to file a statement to apply for the
deduction for the following year.
(b) A person who receives a deduction provided under section 26,
29, 33, 34, 34.5,
or 38,
or 44 of this chapter for a particular year and
who becomes ineligible for the deduction for the following year shall
notify the auditor of the county in which the real property or mobile
home for which the person received the deduction is located of the
person's ineligibility before March 31 of the year for which the person
becomes ineligible.
(c) The auditor of each county shall, in a particular year, apply a
deduction provided under section 26, 29, 33, 34, 34.5,
or 38,
or 44 of
this chapter to each person who received the deduction in the preceding
year unless the auditor determines that the person is no longer eligible
for the deduction.
SOURCE: IC 6-1.1-12-44; (07)IN1658.1.2. -->
SECTION 2. IC 6-1.1-12-44 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 44. (a) As used in this section, "LEED silver rating"
means the silver rating awarded under the Leadership in Energy
and Environmental Design rating systems developed for newly
constructed and rehabilitated buildings by the U.S. Green Building
Council.
(b) As used in this section, "office" means the office of energy
and defense development.
(c) As used in this section, "qualified real property" means a
newly constructed building or a rehabilitated building that is
determined by the office to meet the LEED silver rating.
(d) An ordinance may be adopted by a county fiscal body to
provide that a deduction applies to the assessed value of qualified
real property located in the county. An ordinance adopted under
this section must specify the amount of the deduction that may be
applied to the assessed value of qualified real property located in
the county for the appropriate year of assessment. An ordinance
adopted under this subsection applies to the assessment year
beginning after December 31 of the year in which the ordinance is
adopted.
(e) Except as provided in section 36 of this chapter, a person
who desires to claim the deduction provided by this section must
file a certified statement in duplicate, on forms prescribed by the
department of local government finance, and a copy of the
certificate of approval issued to the property owner under
subsection (f) with the auditor of the county in which the property
for which the deduction is claimed is subject to assessment. The
person must file the statement between March 1 and June 11,
inclusive, of the assessment year. The person must file the
statement in each year for which the person desires to obtain the
deduction. The statement may be filed in person or by mail. If
mailed, the mailing must be postmarked on or before the last day
for filing. On verification of the statement by the assessor of the
township in which the property for which the deduction is claimed
is subject to assessment, the county auditor shall allow the
deduction.
(f) The office, upon application by a property owner, shall
determine whether a newly constructed or rehabilitated building
qualifies for a deduction provided by this section. A property
owner must submit to the office proof that the building meets the
appropriate LEED silver rating and any other information that the
office needs to approve or deny the application. If the office
determines that a building qualifies for a deduction, the office shall
approve the property owner's application and provide a certificate
of approval to the property owner. The office shall prescribe the
form and manner of the approval process required by this
subsection.
(g) If the office receives an application for certification before
May 11 of the assessment year, the office shall determine whether
the building qualifies for a deduction before June 11 of the
assessment year. If the office receives an application for
certification before May 11 of the assessment year and fails to
make a determination under this subsection before June 11 of the
assessment year, the application is considered approved.
(h) A denial of a deduction claimed under this section may be
appealed as provided in IC 6-1.1-15. The appeal is limited to a
review of a determination made by the township assessor, county
property tax assessment board of appeals, or department of local
government finance.
SOURCE: ; (07)IN1658.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2007] (a) The office of energy
and defense development may adopt rules under IC 4-22-2 to
implement IC 6-1.1-12-44, as added by this act.
(b) This SECTION expires January 1, 2010.
SOURCE: ; (07)IN1658.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2007]
(a) The Indiana
economic development corporation may adopt rules granting
priority to economic development projects that include buildings
that meet or surpass the standards of the leadership in energy and
environmental design ratings systems developed by the U.S. Green
Building Council.
(b) This SECTION expires January 1, 2010.