SF4723 (Legislative Session 94 (2025-2026))
Exemption establishment for an electric generation facility
AI Generated Summary
Purpose
Create a targeted property tax exemption for certain electric generation facility personal property. Specifically, it exempts from taxation (and from payments in lieu of taxation, PILOT) the personal property attached to a qualifying electric generation facility, under defined conditions.
Main Provisions
- Establishes a new exemption for electric generation facility personal property (not including transmission lines or gas pipelines appurtenant to the facility) that meet all specified criteria.
- The exemption applies to attached machinery and other personal property that is part of a facility with a nominal installed capacity greater than 40 megawatts and less than 50 megawatts.
- The facility must be designed to use natural gas as its primary fuel.
- The facility must be owned and operated by a municipal power agency (as defined in section 453.52, subdivision 8).
- The facility must be located within 1,000 feet of an existing natural gas pipeline.
- The facility must satisfy a resource deficiency identified in an integrated resource plan filed under section 216B.2422.
- The facility must be located outside Minnesota’s metropolitan area (per the definition in section 473.121, subdivision 1).
- Construction of the facility must have started after January 1, 2027 and before January 1, 2030.
- The facility must receive approval by resolution of the city and county governing bodies where it is located to obtain the exemption.
- The exemption applies to property taxes and to PILOT payments.
Eligibility Criteria (Key Conditions)
- Facility capacity: more than 40 MW and less than 50 MW (nominal installed capacity).
- Fuel: natural gas as the primary fuel.
- Ownership/operation: municipal power agency.
- Location proximity: within 1,000 feet of an existing natural gas pipeline.
- Planning/need: identified resource deficiency in an integrated resource plan filed under section 216B.2422.
- Geographic placement: outside the metropolitan area as defined in section 473.121, subdivision 1.
- Timing: construction commenced after January 1, 2027 and before January 1, 2030.
- Local approval: a resolution by the city and county governing bodies approving the exemption.
- Exclusions: does not include electric transmission lines and interconnections or gas pipelines and interconnections appurtenant to the facility.
Significance and Policy Objective
- Targets tax relief to support the development of a specific, near-term natural gas–fueled electric generation facility owned by a municipal power agency, with local government buy-in and alignment to a stated resource plan.
- Encourages siting outside the metropolitan area and near a natural gas pipeline, while tying eligibility to a defined capacity range and a demonstrated need in an integrated resource plan.
Significant Changes to Existing Law
- Adds a new subdivision (Subd. 109) to Minnesota Statutes, section 272.02, creating a dedicated property tax exemption for electric generation facility personal property that meets the outlined criteria.
- Establishes a construction window (2027–2030) and a local-approval requirement, and explicitly excludes lines and appurtenant infrastructure from eligibility.
Implementation Notes
- The exemption applies only to personal property directly part of the qualifying electric generation facility; it explicitly excludes transmission lines and gas pipelines and interconnections.
- The provision requires local government resolutions approving the exemption, adding a political process element to eligibility.
Relevant Terms electric generation facility personal property; exemption from taxation; payments in lieu of taxation (PILOT); attached machinery; nominal installed capacity; more than 40 megawatts and less than 50 megawatts; natural gas as primary fuel; municipal power agency; 1,000 feet; existing natural gas pipeline; resource deficiency; integrated resource plan; section 216B.2422; outside the metropolitan area; metropolitan area (section 473.121, subdivision 1); construction commenced after January 1, 2027; construction commenced before January 1, 2030; city and county governing bodies; approval by resolution; transmission lines; interconnections; gas pipelines and interconnections.
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 23, 2026 | Senate | Action | Introduction and first reading | ||
| March 23, 2026 | Senate | Action | Referred to | Taxes |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "Amends Minnesota Statutes 2024 section 272.02 by adding Subd. 109, establishing an exemption for personal property of certain electric generation facilities.",
"modified": []
},
"citation": "272.02",
"subdivision": "Subd. 109"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines the municipal power agency referenced in the new exemption; the exempt facility must be owned and operated by a municipal power agency as defined in section 453.52, subdivision 8.",
"modified": []
},
"citation": "453.52",
"subdivision": "Subd. 8"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The exemption references an integrated resource plan filed under section 216B.2422 to identify a resource deficiency relevant to the facility.",
"modified": []
},
"citation": "216B.2422",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The exemption requires the facility to be located outside the metropolitan area as defined in section 473.121, subdivision 1.",
"modified": []
},
"citation": "473.121",
"subdivision": "Subd. 1"
}
]