Bill Text: MS HB1318 | 2025 | Regular Session | Introduced
Bill Title: Nuclear in Lieu Tax Distribution Equity Act; create to revise allocation of Grand Gulf payments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2025-02-04 - Died In Committee [HB1318 Detail]
Download: Mississippi-2025-HB1318-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Ways and Means
By: Representative Harness
House Bill 1318
AN ACT TO BE KNOWN AS THE "NUCLEAR IN LIEU TAX DISTRIBUTION EQUITY ACT"; TO AMEND SECTION 27-35-309, MISSISSIPPI CODE OF 1972, TO REVISE THE FORMULA PROVIDING FOR THE ALLOCATION OF THE PROCEEDS OF THE NUCLEAR IN LIEU TAX PAID TO THE DEPARTMENT OF REVENUE BY THE GRAND GULF NUCLEAR POWER PLANT; TO REQUIRE THE DEPARTMENT OF REVENUE TO MAKE ANNUALLY ALLOCATION ADJUSTMENTS BASED ON ECONOMIC IMPACT STUDIES AND ENVIRONMENTAL RISK FACTORS; TO REQUIRE THE DEPARTMENT TO PREPARE AN ANNUAL REPORT ON THE NUCLEAR IN LIEU TAX REVENUE COLLECTED AND ALLOCATED UNDER THIS ACT; TO REQUIRE THE REPEAL OF THIS ACT ON JULY 1, 2031; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the "Nuclear In Lieu Tax Distribution Equity Act."
(2) The purpose of this act is to adjust the statutory formula governing the distribution of the Nuclear In Lieu Tax to ensure the equitable allocation of revenues, with priority being given to Claiborne County for hosting the Grand Gulf Nuclear Power Plant and bearing the associated risks and burdens.
SECTION 2. Section 27-35-309, Mississippi Code of 1972, is amended as follows:
27-35-309. (1) The
Department of Revenue shall, if practicable, on or before the first Monday of
June of each year, make out for each person, firm, company or corporation
listed in Section 27-35-303 * * * an assessment of
the company's property, both real and personal, tangible and intangible. The
Department of Revenue shall apportion the assessment of value of each company's
property according to the provisions of this article, except as provided in
subsection (3) of this section, as follows:
(a) When the property of such public service company is located in more than one (1) county in this state, the Department of Revenue shall direct the company to apportion the assessed value between the counties and municipalities and all other taxing districts therein, in the proportion which the property located therein bears to the entire value of the property of such company as valued by the department, so that to each county, municipality and taxing district therein, there shall be apportioned such part of the entire valuation as will fairly equalize the relative value of the property therein located to the whole value thereof.
(b) When the property of such public utility required to be assessed by the provisions of this article is located in more than one (1) state, the assessed value thereof shall be apportioned by the Department of Revenue in such manner as will fairly and equitably determine the principal sum for the value thereof in this state, and after ascertaining such value it shall be apportioned by them as herein provided.
The assessment roll shall contain all the property of any such public service company, railroad, person, firm or corporation and the value thereof, and so made that each county, municipality, and taxing district shall receive its just share of taxes proportionately to the amount of property therein situated.
(2) (a) The assessment when made shall remain open for twenty (20) days in the Office of the Department of Revenue, and be for such time subject to the objections thereto which may be filed with the Executive Director of the Board of Tax Appeals; but real estate belonging to railroads and which forms no part of the road, and is wholly disconnected from its railroad business, shall not be assessed by the Department of Revenue, but shall be assessed as other real estate is assessed by the tax assessor of the county where situated.
(b) The apportionment of the assessed value as required by this section shall be filed with the Department of Revenue by such public service company on or before the last day of the objection period established in paragraph (a) of this subsection (2). If such company shall fail, refuse or neglect to render the apportionment of assessed value as required by this section, such company shall be subject to the penalties provided for in Section 27-35-305. The filing of an objection by such public service company shall not preclude such company from filing the property apportionment as required by this section.
(3) Any nuclear generating plant which is located in the state, which is owned or operated by a public utility rendering electric service within the state and not exempt from ad valorem taxation under any other statute and which is not owned or operated by an instrumentality of the federal government shall be exempt from county, municipal and district ad valorem taxes. In lieu of the payment of county, municipal and district ad valorem taxes, such public utility shall pay to the Department of Revenue a sum based on the assessed value of such nuclear generating plant in an amount to be determined and distributed as follows:
(a) The Department of Revenue shall annually assign an assessed value to any nuclear generating plant described in this subsection in the same manner as for ad valorem tax purposes by using accepted industry methods for appraising and assessing public utility property. The assessed value assigned shall be used for the purpose of determining the in-lieu tax due under this section and shall not be included on the ad valorem tax rolls of the situs taxing authority nor be subject to ad valorem taxation by the situs taxing authority nor shall the assessed value assigned be used in determining the debt limit of the situs taxing authority. However, the assessed value so assigned may be used by the situs taxing authority for the purpose of determining salaries of its public officials.
(b) On or before February 1, 1987, for the 1986 taxable year and on or before February 1 of each year through the 1989 taxable year, such utility shall pay to the Department of Revenue a sum equal to two percent (2%) of the assessed value as ascertained by the Department of Revenue, but such payment shall not be less than Sixteen Million Dollars ($16,000,000.00) for any of the four (4) taxable years; all such payments in excess of Sixteen Million Dollars ($16,000,000.00) for these four (4) taxable years shall be paid into the General Fund of the state. On or before February 1, 1991, for the 1990 taxable year and on or before February 1 of each year thereafter, such utility shall pay to the Department of Revenue a sum equal to two percent (2%) of the assessed value as ascertained by the Department of Revenue, but such payment shall not be less than Twenty Million Dollars ($20,000,000.00) for any taxable year for as long as such nuclear power plant is licensed to operate and is not being permanently decommissioned; all such payments in excess of Sixteen Million Dollars ($16,000,000.00) for taxable years 1990 and thereafter shall be paid as follows:
(i) An amount of
Three Million Forty Thousand Dollars ($3,040,000.00) annually, beginning with
fiscal year 1991 and ending with fiscal year 2025, shall be transferred
by the Department of Revenue to Claiborne County. * * * Beginning with fiscal year 2026, no
less than seventy percent (70%) of the total annual Nuclear In Lieu Tax revenue
collected pursuant to this subsection (3) must be transferred to Claiborne
County. Until July 1, 2025, such payments may be expended by the Board of
Supervisors of Claiborne County for any purpose for which a county is
authorized by law to levy an ad valorem tax * * *; however, beginning in fiscal year
2026, the board of supervisors shall distribute: sixty percent (60%) of such
funds to the Board of Supervisors of Claiborne County to be used for public
infrastructure, safety and economic development purposes; twenty-five percent
(25%) to Claiborne County School District; and fifteen percent (15%) to the
City of Port Gibson. Payments received under this subparagraph (i) shall
not be included or considered as proceeds of ad valorem taxes for the purposes
of the growth limitation on ad valorem taxes under Sections 27-39-305 and 27-39-321.
However, should the Board of Supervisors of Claiborne County withdraw its
support of the Grand Gulf Nuclear Station off-site emergency plan or otherwise
fail to satisfy its off-site emergency plan commitments as determined by the
Mississippi Emergency Management Agency and the Federal Emergency Management
Agency, Five Hundred Thousand Dollars ($500,000.00) annually of the funds designated
for Claiborne County as described by this * * * subparagraph (i) shall be
deposited in the Grand Gulf Disaster Assistance Fund as provided in Section 33-15-51.
(ii) An amount of
One Hundred Sixty Thousand Dollars ($160,000.00) annually, beginning with
fiscal year 1991 and ending with fiscal year 2025, shall be transferred
by the Department of Revenue to the City of Port Gibson, Mississippi. Such
payments received under this subparagraph (ii) before July 1, 2025, and
under subparagraph (i) beginning on July 1, 2025, may be expended by the
Board of Aldermen of the City of Port Gibson for any purpose for which a
municipality is authorized by law to levy an ad valorem tax and shall not be
included or considered as proceeds of ad valorem taxes for the purposes of the
growth limitation on ad valorem taxes under Sections 27-39-305 and 27-39-321.
However, should the Board of Aldermen of the City of Port Gibson withdraw its
support of the Grand Gulf Nuclear Station off-site emergency plan or otherwise
fail to satisfy its off-site emergency plan commitment, as determined by the
Mississippi Emergency Management Agency and the Federal Emergency Management
Agency, Fifty Thousand Dollars ($50,000.00) annually of the funds designated
for the City of Port Gibson as described by this * * * subparagraph (ii) shall be
deposited in the Grand Gulf Disaster Assistance Fund as provided in Section 33-15-51.
(iii) * * * Until July 1, 2025, the remaining
balance of the payments in excess of Sixteen Million Dollars ($16,000,000.00)
annually, less amounts transferred under (i) and (ii) of this subsection,
beginning with fiscal year 1991, shall be allocated in accordance with
subsection (3)(f) of this section.
(c) Pursuant to certification by the Attorney General to the State Treasurer and the Department of Revenue that the suit against the State of Mississippi pending on the effective date of House Bill 8, First Extraordinary Session of 1990, [Laws, 1990 Ex Session, Ch. 12, eff June 26, 1990], in the Chancery Court for the First Judicial District of Hinds County, Mississippi, styled Albert Butler et al v. the Mississippi State Tax Commission et al, has been voluntarily dismissed with prejudice as to all plaintiffs at the request of the complainants and that no attorney's fees or court costs have been assessed against the state and each of the parties, including Claiborne County and each municipality and school district located in the county, have signed and delivered to the Attorney General a full and complete release in favor of the State of Mississippi and its elected officials of all claims that have been asserted or may be asserted in the suit pending on the effective date of House Bill 8, First Extraordinary Session of 1990, [Laws, 1990 Ex Session, Ch. 12, eff June 26, 1990], in the Chancery Court for the First Judicial District of Hinds County, Mississippi, styled Albert Butler et al v. the Mississippi State Tax Commission et al, and the deposit into the State General Fund of in-lieu payments and interest thereon due the state under subsection (3)(b) of this section but placed in escrow because of the lawsuit described above, the state shall promptly transfer to the Board of Supervisors of Claiborne County out of the State General Fund an amount of Two Million Dollars ($2,000,000.00) which shall be a one-time distribution to Claiborne County from the state. Such payment may be expended by the Board of Supervisors of Claiborne County for any purposes for which a county is authorized by law to levy an ad valorem tax and shall not be included or considered as proceeds of ad valorem taxes for the purposes of the growth limitation on ad valorem taxes for the 1991 fiscal year under Sections 27-39-321 and 27-39-305.
(d) After distribution of the one-time payment to Claiborne County as set forth in subsection (3)(c) of this section, the Department of Revenue upon certification that the pending lawsuit as described in subsection (3)(c) of this section has been voluntarily dismissed shall promptly deposit an amount of Five Hundred Thousand Dollars ($500,000.00) into the Grand Gulf Disaster Assistance Trust Fund as provided for in Section 33-15-51, which shall be a one-time payment, to be utilized in accordance with the provisions of such section.
(e) After distribution of the one-time payment to Claiborne County as set forth in subsection (3)(c) of this section and the payment to the Grand Gulf Disaster Assistance Trust Fund as set forth in subsection (3)(d) of this section, the Department of Revenue upon certification that the pending lawsuit as described in subsection (3)(c) of this section has been voluntarily dismissed shall promptly distribute ten percent (10%) of the remainder of the prior payments remaining in escrow to the General Fund of the state and the balance of the prior payments remaining in escrow shall be distributed to the counties and municipalities in this state wherein such public utility has rendered electric service in the proportion that the amount of electric energy consumed by the retail customers of such public utility in each county, excluding municipalities therein, and in each municipality, for the next preceding fiscal year bears to the total amount of electric energy consumed by all retail customers of such public utility in the State of Mississippi for the next preceding fiscal year. The payments distributed to the counties and municipalities under this paragraph (e) may be expended by such counties and municipalities for any lawful purpose and shall not be included or considered as proceeds of ad valorem taxes for the purposes of the growth limitation on ad valorem taxes under Sections 27-39-321 and 27-39-305.
(f) After * * * distribution of the
payments as provided for in subsection (3)(b) of this section, beginning
with fiscal year 2026, the Department of Revenue shall distribute no
more than ten percent (10%) of the remainder of the payments to the General
Fund of the state and the * * *balance remaining twenty percent (20%) to the forty-five
(45) counties * * * in this state wherein such public utility renders
electric service. The distribution under this paragraph (f) must be
calculated in the proportion that * * *
a county's population bears to the total population of the forty-five (45)
counties and with consideration given to the local economic needs and proximity
to the Grand Gulf Nuclear Power Plant of each county.
(g) No county,
including municipalities therein, shall receive in excess of * * * five percent (5%)
of the funds distributed under paragraph (f) of this subsection.
(h) The revenues received by counties and municipalities under paragraph (f) of this subsection shall not be included or considered as proceeds of ad valorem taxes for the purposes of the growth limitation on ad valorem taxes under Sections 27-39-305 and 27-39-321.
SECTION 3. (1) In recognition of the environmental, health and safety risks borne by Claiborne County in relation to the Grand Gulf Nuclear Power Plant, the revised allocation formula established in Section 27-35-309(3) for Nuclear In Lieu Tax revenues shall compensate the county for hosting radioactive waste and enduring emergency preparedness measures and provide funding for community health programs and infrastructure improvements.
(2) Each year the Department of Revenue shall assess and adjust allocations of the Nuclear In Lieu Tax revenues based on the findings of economic impact studies and environmental risk reports.
SECTION 4. (1) The Department of Revenue shall prepare an annual report on Nuclear In Lieu Tax revenue allocations. The report must include no less than the following information:
(a) The total Nuclear In Lieu Tax revenue collected;
(b) The revenue allocated under Section 27-35-309(3) to Claiborne County, the City of Port Gibson, the State General Fund and the forty-five (45) counties in the Grand Gulf Nuclear Power Plant service area;
(c) The methodology used to determine the distribution calculations; and
(d) Any recommended changes the department deems necessary to ensure the continued equity and relevance of the distribution formula.
(2) Before February 1 of each year, the department shall submit the report prepared pursuant to this section to the Legislature. In addition, the department shall make the report publicly available on the department's website.
SECTION 5. Sections 1 through 5 of this act shall stand repealed on July 1, 2031.
SECTION 6. This act shall take effect and be in force from and after July 1, 2025.
