The legislative session is in full action with bills being heard and debated. As I have written in the past, the city continues to look at the utility rule change regarding valuation and the impact it has had on the city. A tax bill which included a change to the class rates for utilities was proposed. Previously we had looked at a change from 2.0% to 3.0% to bring utility property to a neutral tax considering the before and after rule change outcomes. The first year of the phase in for the rule change took effect for 2008 so all cities with utility property saw some degree of impact as a result. Almost every taxing jurisdiction has utility property of some sort. Think about pipelines, transmission lines, and substations, it doesn’t have to be a power plant. However cities with power plants see the largest impacts.
With the impact of the first year behind us the bill was amended to reflect a utility rate of 2.8%. This is a reduction of 0.2% in the rate and a tax cut for utilities. A “non-controversial” tax bill was proposed dealing with the work that was completed last year but vetoed by the governor. During the process however utilities were opposed to class rate changes and the Commissioner of Revenue warned of a possible veto by the governor if this provision continued to be included in the bill. The House passed the bill as drafted but in moving to the Senate the bill was stripped of the class rate changes for utilities. It passed in the Senate and returned to the House to be passed as amended. This bill was forwarded to the Governor for his signature.
The Governor has given his supplemental budget which provides for Transition Aid for two years for host utility cities. This only postpones the outcome for a couple of years. What the city and other host communities of power plants want however is a permanent fix to the problem. This problem was created by the state yet they want the host communities to finance the fix, another unfunded mandate. By this I mean all the tax payers who reside in host power plant jurisdictions would see a shift from utility to other tax payers.
There seems to be a commitment to find that permanent fix with a class rate change for utility property but if it happens it will be in the final tax bill that balances the states budget. A lot can happen when the state is looking at a $935 million shortfall and a governor who doesn’t want to raise taxes. What seems to be missing in all of this is the class rate change doesn’t increase taxes for the utilities; it only adjusts for the reduction in value the state imposed. Without a class rate change, taxes will increase for businesses and residents as a result of shifting burdens away from the utility taxpayer.
Utilities, state wide, since 2001 have seen tax concessions of approximately $48 million. When the rule change is fully implemented in 2010 they would receive an additional $34 million in tax breaks. Should the state continue to support tax breaks for utilities? What do you think?
Please let your Senator and Representative know what your thoughts are on this issue. Senator Wergin’s email is sen.betsy.wergin@senate.mn and Representative Olson’s email is rep.mark.olson@house.mn.
