House of Representatives

SB 1330

districts; public lighting

Sponsor: Sen. Mitchell

 

w/d

Committee on Energy, Utilities & Technology
DP

Committee on Counties and Municipalities
DPA

Committee on Ways and Means

dpa

Caucus and COW

x

Third Read

 

 

As Passed the House

 

 

SB 1330 authorizes the governing body of an improvement district to levy equally apportioned property taxes. Allows real property owners to petition an improvement district’s governing body to levy either ad valorem or equally apportioned property taxes.  SB 1330 has a proposed strike-everything amendment to set lighting standards for public buildings and require shielding for outdoor light fixtures, as well as incorporate the provisions of SB 1330, as passed by the Senate.

 

Current Status

SB 1330 passed the Counties and Municipalities Committee unamended.  SB 1330 was amended in the Ways and Means Committee with a strike-everything amendment, and an amendment to that strike-everything amendment.  SB 1330 was amended in the Committee of the Whole to exclude any county, city or town from the provisions relating to lighting standards, as well as, clarify that the shielding requirement applies to light fixtures that are not located within a historical district.

 

History

Special taxing districts are funded by ad valorem property taxes levied on all property within the district limits. A special taxing district levy is a secondary levy and is based on the full cash valuation of the property. Statute requires these taxes to be assessed at the same time and in the same manner as county taxes.

 

SB 1330 allows the governing body of an improvement district for public lighting the option to assess property on an equal apportionment basis. This bill also allows real property owners to petition the governing body of the applicable district to levy either ad valorem or equally apportioned property taxes. A fiscal note has been prepared and there is no impact to the state general fund.

 

In 1986, the legislature adopted Laws 86, Chapter 236, in an effort to reduce the amount of light pollution interfering with the successful operation of astronomical observatories located within the state. 

 

The proposed strike-everything amendment, to further this cause, would add to the bill a requirement to shield certain outdoor light fixtures installed after the bill passes.  It would also set lighting standards for state, city, and town building lighting systems.

 

 

Provisions

Lighting Standards

·          Requires state, university, and community college buildings to comply lighting systems to the Illuminating Engineering Society of North America Lighting Handbook.  Also requires cities and town to comply, except when using low pressure sodium lamps.

 

Improvement Districts

·          Authorizes the governing body of an improvement district for public lighting the option to levy property taxes by an equal apportionment based on the number of the properties within the district.

·          Requires the governing body of an improvement district to publish notice of the statements and estimates of district expenses.

·          Allows real property owners to petition the governing body to levy ad valorem or equally apportioned taxes.

·          Requires the governing body of an improvement district to approve property tax petitions, pending receipt of the required number of qualifying signatures.

·          Provides that method of property taxation adopted in district petitions will take affect on a date prescribed by the governing body of the applicable improvement district.

·          Allows the governing body of an improvement district to levy equally apportioned taxes based on property classification as well as the number of properties.

 

Shielding Light

·          Repeals exemption for shielding streetlight fixtures when shielding is not available from the manufacturer and requires shielding for all streetlight fixtures installed after the act is passed.

 

The Strike-Everything Amendment was adopted in the Ways and Means Committee, and was further amended as follows:

·        Removes the requirement for cities and towns to follow lighting standard for public buildings.

 

Amendments

SB 1330 was amended in the Committee of the Whole as follows:

·        Excludes any county, city or town from the provisions relating to lighting standards, as well as, clarifies that the shielding requirement applies to light fixtures that are not located within a historical district.

·        Makes other technical changes.

The Ways & Means Strike-Everything Amendment was adopted in the Committee of the Whole.

 

 

 

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45th Legislature                       

Second Regular Session            2          May 3, 2002

 

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