Amends existing law to revise a sales tax exemption for data center equipment and to revise a certain property tax exemption for certain capital investments.
TAXATION -- Amends existing law to revise a sales tax exemption for data center equipment and to revise a certain property tax exemption for certain capital investments.
STATEMENT OF PURPOSE
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This legislation amends the sales tax exemption for data centers in six key ways. This legislation does the following: 1) adds two additional criteria for qualification for the exemption related to energy and water consumption, 2) narrows the original sales tax exemption to only be applicable to the internal servers, 3) prohibits data centers constructed after April 1, 2026 that opt-in to the sales tax exemption from also claiming the property tax abatement in 63-4502, 4) allows for the sales tax exemption to only be available for 20 years for each project, 5) requires the tax commission to report annually on the approximate amount of sales tax revenue not collected as a result of this policy, and 6) requires the tax commission to submit a report every 5 years to the legislature with an analysis of the effects of the exemption and data centers on Idaho’s economy, energy resources, and water resources. This legislation provides that data center projects currently under construction may continue with the sales tax exemption provisions (construction materials and internal server equipment) as originally provided when 63-3622VV was enacted in 2020; however, the new 20-year provision will apply to those projects currently under construction.
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 820 BY REVENUE AND TAXATION COMMITTEE AN ACT 1 RELATING TO TAXATION; AMENDING SECTION 63-3622VV, IDAHO CODE, TO REVISE PRO- 2 VISIONS REGARDING THE IDAHO INFORMATION TECHNOLOGY EQUIPMENT SALES TAX 3 EXEMPTION; AMENDING SECTION 63-4502, IDAHO CODE, TO LIMIT ELIGIBILITY 4 FOR THE TAX EXEMPTION FOR NEW CAPITAL INVESTMENTS AND TO MAKE TECHNICAL 5 CORRECTIONS; AMENDING SECTION 50-2903, IDAHO CODE, TO PROVIDE A CORRECT 6 CODE REFERENCE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE 7 DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 63-3622VV, Idaho Code, be, and the same is 10 hereby amended to read as follows: 11 63-3622VV. IDAHO INFORMATION TECHNOLOGY EQUIPMENT. (1) On Except as 12 otherwise provided in this section, on and after July 1, 2020, there is ex- 13 empted from the taxes imposed by this chapter the purchase or use of eligi- 14 ble server equipment and new data center facilities, as defined in this sec- 15 tion, for a period of twenty (20) years from the date a qualifying business 16 entity's final approval certification is issued by the state tax commission 17 pursuant to subsection (2)(l)(ii) of this section. The exemption provided 18 in this section shall be available only to qualifying business entities and 19 contractors installing eligible server equipment or building new data cen- 20 ter facilities for qualifying business entities. The exemption provided in 21 this section shall not be available for property that has been the subject of 22 business incentives granted to a taxpayer or its affiliates, pursuant to the 23 Idaho reimbursement incentive act, sections 67-4737 through 67-4744, Idaho 24 Code. For purchases related to data centers that commenced construction on 25 or after April 1, 2026, the exemption provided in this section shall apply 26 only to eligible server equipment. 27 (2) As used in this section: 28 (a) "Business entity" means a separate legal entity or separately oper- 29 ated segment of business that exists for the primary purpose of engaging 30 in a commercial activity for profit and whose sole purpose is the oper- 31 ation of a data center. For the purposes of this section, a separately 32 operated segment of business is a segment of a business for which sep- 33 arate records are maintained and that is operated by an employee or em- 34 ployees whose primary employment responsibility is to operate the busi- 35 ness segment. 36 (b) "Cabling" means a fiber or copper cable used in data centers to con- 37 nect information sources to a server or storage device. 38 (c) "Capital investment" means real or tangible personal property that 39 is purchased for use in Idaho and is used by a business entity for the 40 purpose of operating a data center. 41 -- 1 of 10 -- 2 (d) "Chiller" means a cooling system used in data centers to remove heat 1 from an element and deposit it into another element. 2 (e) "Commenced construction" means physical placement, assembly, or 3 installation of materials or equipment that will make up part of a data 4 center and that takes place at the site of the proposed data center. 5 (e) (f) "Commencement of operations" means the date on which a certifi- 6 cate of occupancy is issued for a data center. 7 (f) (g) "Data center" means a facility comprised of one (1) or more 8 buildings in Idaho that is used to house eligible server equipment for 9 the transmission and storage of data where the facility has the follow- 10 ing characteristics: 11 (i) Uninterruptible power supplies, generator power, or both; 12 (ii) Sophisticated fire suppression and prevention systems; and 13 (iii) Enhanced physical security and restricted access. 14 (g) (h) "Eligible server equipment" means new server equipment ac- 15 quired by a qualifying business entity as described in this subsection 16 that is maintained and operated in a data center located in Idaho for 17 the sole purpose of data transmission and storage services, providing 18 data and transaction processing services, information technology ser- 19 vices, or computer collocation services. "Eligible server equipment" 20 includes servers, rack servers, chillers, storage devices, generators, 21 cabling, and enabling software integral to or installed on such equip- 22 ment. 23 (h) (i) "Generator" means an engine used in data centers to convert me- 24 chanical energy into electricity. 25 (i) (j) "New data center facilities" means buildings or structural 26 components of buildings, including equipment, materials, and fixtures 27 thereof, that are used in or intended for use primarily as a data center 28 in Idaho. 29 (j) (k) "New jobs" means new jobs created in Idaho that are nonseasonal, 30 full-time jobs that collectively pay an average weekly wage that equals 31 or exceeds the average weekly wage for the county where the data center 32 is located, as determined by the most recent report of the United States 33 bureau of labor statistics. A job that merely changes locations within 34 the state of Idaho shall not be considered a new job under this section. 35 New jobs must exceed the business entity's highest number of full-time 36 employees in Idaho during the twenty-four (24) months immediately pre- 37 ceding the commencement of operations of the data center. 38 (k) (l)(i) "Qualifying business entity" means a business entity 39 that certifies to the state tax commission that it will make: 40 1. Make capital investments in one (1) or more data centers 41 after July 1, 2020, in amounts of at least two hundred fifty 42 million dollars ($250,000,000) in the aggregate within the 43 first five (5) years after commencement of construction and 44 that it will create; 45 2. Create and maintain at least thirty (30) new jobs at the 46 data center within two (2) calendar years after the com- 47 mencement of operations.; 48 3. For a qualifying business entity that receives an exemp- 49 tion provided in this section on or after April 1, 2026, re- 50 -- 2 of 10 -- 3 ceive electricity service under an electricity rate sched- 1 ule or energy service agreement that fully recovers from the 2 qualifying business entity all costs incurred by the utility 3 in providing electricity to the property for which the ex- 4 emption is claimed; and 5 4. For a qualifying business entity that receives an ex- 6 emption provided in this section on or after April 1, 2026, 7 prior to commencing construction of a data center, provide 8 written notice to the local water provider serving such pro- 9 posed data center's location and the department of water 10 resources detailing the anticipated water consumption needs 11 of the data center to ensure that the water consumption is 12 compatible with the location in which the data center is be- 13 ing constructed. A qualifying business entity is encouraged 14 to take action to conserve, reuse, and replace water. This 15 includes but is not limited to: 16 (A) Using water-efficient fixtures and practices; 17 (B) Treating, infiltrating, or harvesting rainwater; 18 (C) Recirculating or recycling water within the cool- 19 ing system before discharging; 20 (D) Partnering with state and local governmental en- 21 tities and private individuals and entities to use data 22 center discharge water for irrigation, water conserva- 23 tion, aquifer recharge, or other beneficial purposes, 24 if available; 25 (E) Using reclaimed water where possible for data cen- 26 ter operations; and 27 (F) Supporting water restoration efforts in local wa- 28 tersheds. 29 (ii) Such business entities shall be entitled to a provisional 30 exemption pursuant to this section during the period in which they 31 make capital investments in data center property. If a business 32 entity fails to meet the investment and job creation requirements 33 provided within the time periods required in this section, it 34 shall pay sales or use taxes that would have been due if not for the 35 granting of the provisional exemption. If a business entity meets 36 the investment and job creation requirements provided within the 37 time periods required in this section, its provisional exemption 38 shall become final without further action and the state tax com- 39 mission shall issue and deliver a written certification to the 40 qualifying business confirming such final approval, and there- 41 after the exemption shall also apply to all additional purchases 42 of eligible server equipment and purchases associated with con- 43 structing new data center facilities until the exemption expires 44 after the time period provided in subsection (1) of this section. 45 (l) (m) "Rack server" means a computer in a data center dedicated to use 46 as a server and designed to be installed in a framework called a rack. 47 (m) (n) "Server" means a computer or computer program used in data cen- 48 ters that manages access to a centralized resource or service in a net- 49 work. 50 -- 3 of 10 -- 4 (n) (o) "Storage device" means a piece of computer equipment on which 1 information can be stored and that is used in data centers. 2 (3) The state tax commission shall prepare and file the following re- 3 ports with the senate local government and taxation committee and the house 4 revenue and taxation committee: 5 (a) Starting in 2027, the state tax commission shall prepare and file 6 a report no later than February 1 each year detailing the approximate 7 amount of sales tax revenue forgone by the state in the previous calen- 8 dar year due to the exemption provided in this section. 9 (b) Starting in 2032, and every five (5) years thereafter, the state 10 tax commission shall prepare and file along with its report pursuant to 11 paragraph (a) of this subsection, an additional report detailing the 12 following: 13 (i) The approximate number of jobs that qualifying business en- 14 tities have created in the state that are directly related to the 15 data centers that are the subject of the exemption provided in this 16 section; 17 (ii) The total amount of capital investment that qualifying busi- 18 ness entities have invested in the state that is directly related 19 to the data centers that are the subject of the exemption provided 20 in this section; 21 (iii) A summary of the electricity usage of data centers that are 22 the subject of the exemption provided in this section and how such 23 electricity usage has impacted the availability and price of elec- 24 tricity in the communities surrounding such data centers; and 25 (iv) A summary of the water usage of data centers that are the sub- 26 ject of the exemption provided in this section and how such water 27 usage has impacted the availability and price of water in the com- 28 munities surrounding such data centers. 29 (4) If a taxpayer receives the exemption provided in section 63-4502, 30 Idaho Code, on any property that comprises or is used in connection with a 31 data center that commenced construction on or after April 1, 2026, such tax- 32 payer shall not be eligible for the exemption provided in this section for 33 any purchases related to such data center. 34 (3) (5) The state tax commission may promulgate rules to administer 35 and enforce the provisions of this section, including the promulgation of 36 rules relating to the provision of information necessary to certify that the 37 taxpayer satisfies the criteria for a qualifying business entity. For the 38 purpose of carrying out its duties to administer and enforce the provisions 39 of this section, the state tax commission shall have the powers and duties 40 provided by sections 63-217, 63-3038, 63-3039, 63-3042 through 63-3067, 41 63-3068, 63-3071, and 63-3074 through 63-3078, Idaho Code. 42 SECTION 2. That Section 63-4502, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 63-4502. TAX EXEMPTION FOR NEW CAPITAL INVESTMENTS. (1) For calendar 45 years beginning on or after January 1, 2008, the net taxable value of all 46 property of a taxpayer, whether acquired before, during or after the qual- 47 ifying period, in excess of four hundred million dollars ($400,000,000) lo- 48 cated within a single county in Idaho shall be exempt from property taxation 49 -- 4 of 10 -- 5 and any special assessment, but only if the taxpayer makes a qualifying new 1 capital investment as defined in subsection (2) of this section. 2 (2) For purposes of this section, the following definitions shall ap- 3 ply: 4 (a) "Qualifying new capital investment" means an investment of at least 5 one billion dollars ($1,000,000,000) made during the qualifying period 6 by the acquisition, construction, improvement or installation of real, 7 operating or personal property related to new plant and building facil- 8 ities at a project site located within the county referred to in subsec- 9 tion (1) of this section. 10 (b) "New plant and building facilities" means: 11 (i) Qualified investments as defined in section 63-3029B, Idaho 12 Code; or 13 (ii) Buildings or structural components of buildings, includ- 14 ing equipment, materials and fixtures thereof, whether used at a 15 project site or temporarily stored off-site in the county referred 16 to in subsection (1) of this section and intended for use at a 17 project site. 18 (c) "Qualifying period" means an eighty-four (84) month period of time 19 beginning with the issuance of a building permit for a permanent build- 20 ing structure at a project site and ending no later than eighty-four 21 (84) months a thereafter. 22 (d) "Project site" means an area or areas at which the new plant and 23 building facilities described in subsection (2) paragraph (b) of this 24 subsection are built, installed or constructed. 25 (3) The property included in the calculation for purposes of determin- 26 ing a qualifying new capital investment value shall include all real or op- 27 erating property owned, and all personal property owned, leased or rented. 28 With respect to leased or rented personal property, only that portion of the 29 property for which a taxpayer is contractually liable for payment of prop- 30 erty taxes thereon shall be included in the calculation of the investment. 31 (4) Notwithstanding the exemption provided in subsection (4) of sec- 32 tion 63-3029B, Idaho Code, no other exemption from property tax or any spe- 33 cial assessment provided by the statutes of this state shall be applicable 34 to any property described in subsection (2) of this section with respect to a 35 year in which the incentives set forth in subsection (1) of this section ap- 36 ply to any of the same property. 37 (5) Property subject to the provisions of this section shall not be 38 included on any property roll or any new construction roll prepared by the 39 county assessor in accordance with section 63-301 or 63-301A, Idaho Code, 40 respectively. 41 (6) If a taxpayer receives the exemption provided in section 63-3622VV, 42 Idaho Code, for purchases related to a data center that commenced construc- 43 tion on or after April 1, 2026, such taxpayer shall not be eligible for the 44 exemption provided in this section on any property that comprises or is used 45 in connection with such data center. For the purposes of this subsection, 46 "data center" and "commenced construction" have the same meaning as those 47 terms are defined in section 63-3622VV, Idaho Code. 48 (6) (7) The state tax commission shall adopt all rules that may be nec- 49 essary to implement the provisions of this section. 50 -- 5 of 10 -- 6 SECTION 3. That Section 50-2903, Idaho Code, be, and the same is hereby 1 amended to read as follows: 2 50-2903. DEFINITIONS. The following terms used in this chapter shall 3 have the following meanings, unless the context otherwise requires: 4 (1) "Act" or "this act" means this revenue allocation act. 5 (2) "Agency" or "urban renewal agency" means a public body created pur- 6 suant to section 50-2006, Idaho Code. 7 (3) "Authorized municipality" or "municipality" means any county or 8 incorporated city that has established an urban renewal agency or by or- 9 dinance has identified and created a competitively disadvantaged border 10 community. 11 (4) Except as provided in section 50-2903A, Idaho Code, "base assess- 12 ment roll" means the equalized assessment rolls, for all classes of taxable 13 property, on January 1 of the year in which the local governing body of an 14 authorized municipality passes an ordinance adopting or modifying an urban 15 renewal plan containing a revenue allocation financing provision, except 16 that the base assessment roll shall be adjusted as follows: the equalized 17 assessment valuation of the taxable property in a revenue allocation area 18 as shown upon the base assessment roll shall be reduced by the amount by 19 which the equalized assessed valuation as shown on the base assessment roll 20 exceeds the current equalized assessed valuation of any taxable property 21 located in the revenue allocation area and by the equalized assessed val- 22 uation of taxable property in such revenue allocation area that becomes 23 exempt from taxation subsequent to the date of the base assessment roll. 24 The equalized assessed valuation of the taxable property in a revenue allo- 25 cation area as shown on the base assessment roll shall be increased by the 26 equalized assessed valuation, as of the date of the base assessment roll, of 27 taxable property in such revenue allocation area that becomes taxable after 28 the date of the base assessment roll. Any increase in valuation due to prop- 29 erty owned, leased, or used in the operation of a business entity that makes 30 capital investments in one (1) or more data centers, as defined in section 31 63-3622VV(2)(f), Idaho Code, after July 1, 2020, in amounts of at least two 32 hundred fifty million dollars ($250,000,000) in the aggregate within the 33 first five (5) years after commencement of construction, that creates and 34 maintains at least thirty (30) new jobs at the data center within two (2) 35 calendar years after the commencement of operations, and that is located in 36 a revenue allocation area for which no bonds have been issued pursuant to 37 section 50-2909, Idaho Code, as of March 16, 2023, shall be added to the base 38 assessment roll in the current tax year. An urban renewal plan containing 39 a revenue allocation financing provision adopted or modified prior to July 40 1, 2016, is not subject to section 50-2903A, Idaho Code. For plans adopted 41 or modified prior to July 1, 2016, and for subsequent modifications of those 42 urban renewal plans, the value of the base assessment roll of property within 43 the revenue allocation area shall be determined as if the modification had 44 not occurred. 45 (5) "Budget" means an annual estimate of revenues and expenses for the 46 following fiscal year of the agency. An agency shall, by September 1 of each 47 calendar year, adopt and publish, as described in section 50-1002, Idaho 48 Code, a budget for the next fiscal year. An agency may amend its adopted 49 -- 6 of 10 -- 7 budget using the same procedures as used for adoption of the budget. For 1 the fiscal year that immediately predates the termination date for an urban 2 renewal plan involving a revenue allocation area or will include the termi- 3 nation date, the agency shall adopt and publish a budget specifically for the 4 projected revenues and expenses of the plan and make a determination as to 5 whether the revenue allocation area can be terminated before the January 1 6 of the termination year pursuant to the terms of section 50-2909(4), Idaho 7 Code. In the event that the agency determines that current tax year revenues 8 are sufficient to cover all estimated expenses for the current year and all 9 future years, by September 1 the agency shall adopt a resolution advising and 10 notifying the local governing body, the county auditor, and the state tax 11 commission and recommending the adoption of an ordinance for termination of 12 the revenue allocation area by December 31 of the current year and declaring 13 a surplus to be distributed as described in section 50-2909, Idaho Code, 14 should a surplus be determined to exist. The agency shall cause the ordi- 15 nance to be filed with the office of the county recorder and the Idaho state 16 tax commission as provided in section 63-215, Idaho Code. Upon notification 17 of revenues sufficient to cover expenses as provided herein, the increment 18 value of that revenue allocation area shall be included in the net taxable 19 value of the appropriate taxing districts when calculating the subsequent 20 property tax levies pursuant to section 63-803, Idaho Code. The increment 21 value shall also be included in subsequent notification of taxable value for 22 each taxing district pursuant to section 63-1312, Idaho Code, and subsequent 23 certification of actual and adjusted market values for each school district 24 pursuant to section 63-315, Idaho Code. 25 (6) "Clerk" means the clerk of the municipality. 26 (7) "Competitively disadvantaged border community area" means a parcel 27 of land consisting of at least forty (40) acres that is situated within the 28 jurisdiction of a county or an incorporated city and within twenty-five (25) 29 miles of a state or international border, which the governing body of such 30 county or incorporated city has determined by ordinance is disadvantaged in 31 its ability to attract business, private investment, or commercial develop- 32 ment as a result of a competitive advantage in the adjacent state or nation 33 resulting from inequities or disparities in comparative sales taxes, income 34 taxes, property taxes, population or unique geographic features. 35 (8) "Deteriorated area" means: 36 (a) Any area, including a slum area, in which there is a predominance 37 of buildings or improvements, whether residential or nonresidential, 38 which by reason of dilapidation, deterioration, age or obsolescence, 39 inadequate provision for ventilation, light, air, sanitation, or open 40 spaces, high density of population and overcrowding, or the existence 41 of conditions that endanger life or property by fire and other causes, 42 or any combination of such factors, is conducive to ill health, trans- 43 mission of disease, infant mortality, juvenile delinquency, or crime, 44 and is detrimental to the public health, safety, morals or welfare. 45 (b) Any area which by reason of the presence of a substantial number of 46 deteriorated or deteriorating structures, predominance of defective or 47 inadequate street layout, faulty lot layout in relation to size, ade- 48 quacy, accessibility or usefulness, insanitary or unsafe conditions, 49 deterioration of site or other improvements, diversity of ownership, 50 -- 7 of 10 -- 8 tax or special assessment delinquency exceeding the fair value of the 1 land, defective or unusual conditions of title, or the existence of con- 2 ditions that endanger life or property by fire and other causes, or any 3 combination of such factors, results in economic underdevelopment of 4 the area, substantially impairs or arrests the sound growth of a munici- 5 pality, retards the provision of housing accommodations or constitutes 6 an economic or social liability and is a menace to the public health, 7 safety, morals or welfare in its present condition and use. 8 (c) Any area which is predominately open and which because of obsolete 9 platting, diversity of ownership, deterioration of structures or im- 10 provements, or otherwise, results in economic underdevelopment of the 11 area or substantially impairs or arrests the sound growth of a munici- 12 pality. The provisions of section 50-2008(d), Idaho Code, shall apply 13 to open areas. 14 (d) Any area which the local governing body certifies is in need of 15 redevelopment or rehabilitation as a result of a flood, storm, earth- 16 quake, or other natural disaster or catastrophe respecting which the 17 governor of the state has certified the need for disaster assistance 18 under any federal law. 19 (e) Any area which by reason of its proximity to the border of an ad- 20 jacent state is competitively disadvantaged in its ability to attract 21 private investment, business or commercial development which would 22 promote the purposes of this chapter. 23 (f) Deteriorated area does not mean not developed beyond agricultural, 24 or any agricultural operation as defined in section 22-4502(1), Idaho 25 Code, or any forest land as defined in section 63-1701(4), Idaho Code, 26 unless the owner of the agricultural operation or the forest landowner 27 of the forest land gives written consent to be included in the deterio- 28 rated area, except for an agricultural operation or forest land that has 29 not been used for three (3) consecutive years. 30 (9) "Facilities" means land, rights in land, buildings, structures, 31 machinery, landscaping, extension of utility services, approaches, road- 32 ways and parking, handling and storage areas, and similar auxiliary and re- 33 lated facilities. 34 (10) "Increment value" means the total value calculated by summing the 35 differences between the current equalized value of each taxable property in 36 the revenue allocation area and that property's current base value on the 37 base assessment roll, provided such difference is a positive value. 38 (11) "Local governing body" means the city council or board of county 39 commissioners of a municipality. 40 (12) "Manufacturing project" means a manufacturing or industrial 41 project and ancillary uses that manufactures, processes, or fabricates tan- 42 gible personal property as defined in section 63-3616, Idaho Code. 43 (13) "Plan" or "urban renewal plan" means a plan, as it exists or may 44 from time to time be amended, prepared and approved pursuant to sections 45 50-2008 and 50-2905, Idaho Code, and any method or methods of financing such 46 plan, which methods may include revenue allocation financing provisions. 47 (14) "Project" or "urban renewal project" or "competitively disadvan- 48 taged border areas" may include undertakings and activities of a municipal- 49 ity in an urban renewal area for the elimination of deteriorated or deterio- 50 -- 8 of 10 -- 9 rating areas and for the prevention of the development or spread of slums and 1 blight and may involve slum clearance and redevelopment in an urban renewal 2 area, or rehabilitation or conservation in an urban renewal area, or any com- 3 bination or part thereof in accordance with an urban renewal plan. Such un- 4 dertakings and activities may include: 5 (a) Acquisition of a deteriorated area or a deteriorating area or por- 6 tion thereof; 7 (b) Demolition and removal of buildings and improvement; 8 (c) Installation, construction, or reconstruction of streets, utili- 9 ties, parks, playgrounds, open space, off-street parking facilities, 10 public facilities, public recreation and entertainment facilities or 11 buildings and other improvements necessary for carrying out, in the ur- 12 ban renewal area or competitively disadvantaged border community area, 13 the urban renewal objectives of this act in accordance with the urban 14 renewal plan or the competitively disadvantaged border community area 15 ordinance. 16 (d) Disposition of any property acquired in the urban renewal area or 17 the competitively disadvantaged border community area, including sale, 18 initial leasing, or retention by the agency itself, or the municipality 19 creating the competitively disadvantaged border community area at its 20 fair value for uses in accordance with the urban renewal plan except for 21 disposition of property to another public body; 22 (e) Carrying out plans for a program of voluntary or compulsory repair 23 and rehabilitation of buildings or other improvements in accordance 24 with the urban renewal plan; 25 (f) Acquisition of real property in the urban renewal area or the com- 26 petitively disadvantaged border community area that, under the urban 27 renewal plan, is to be repaired or rehabilitated for dwelling use or re- 28 lated facilities, repair or rehabilitation of the structures for guid- 29 ance purposes, and resale of the property; 30 (g) Acquisition of any other real property in the urban renewal area 31 or competitively disadvantaged border community area where necessary 32 to eliminate unhealthful, insanitary or unsafe conditions, lessen den- 33 sity, eliminate obsolete or other uses detrimental to the public wel- 34 fare, or otherwise to remove or to prevent the spread of blight or dete- 35 rioration, or to provide land for needed public facilities or where nec- 36 essary to accomplish the purposes for which a competitively disadvan- 37 taged border community area was created by ordinance; 38 (h) Lending or investing federal funds; and 39 (i) Construction of foundations, platforms and other like structural 40 forms. 41 (15) "Project costs" includes, but is not limited to: 42 (a) Capital costs, including the actual costs of the construction of 43 public works or improvements, facilities, buildings, structures, and 44 permanent fixtures; the demolition, alteration, remodeling, repair or 45 reconstruction of existing buildings, structures, and permanent fix- 46 tures; the acquisition of equipment; and the clearing and grading of 47 land; 48 -- 9 of 10 -- 10 (b) Financing costs, including interest during construction and capi- 1 talized debt service or repair and replacement or other appropriate re- 2 serves; 3 (c) Real property assembly costs, meaning any deficit incurred from the 4 sale or lease by a municipality of real or personal property within a 5 revenue allocation district; 6 (d) Professional service costs, including those costs incurred for ar- 7 chitectural, planning, engineering, and legal advice and services; 8 (e) Direct administrative costs, including reasonable charges for the 9 time spent by city or county employees in connection with the implemen- 10 tation of a project plan; 11 (f) Relocation costs; and 12 (g) Other costs incidental to any of the foregoing costs. 13 (16) "Revenue allocation area" means that portion of an urban renewal 14 area or competitively disadvantaged border community area where the equal- 15 ized assessed valuation, as shown by the taxable property assessment rolls, 16 of which the local governing body has determined, on and as a part of an urban 17 renewal plan, is likely to increase as a result of the initiation of an urban 18 renewal project or competitively disadvantaged border community area. The 19 base assessment roll or rolls of revenue allocation area or areas shall not 20 exceed at any time ten percent (10%) of the current assessed valuation of all 21 taxable property within the municipality. 22 (17) "State" means the state of Idaho. 23 (18) "Tax" or "taxes" means all property tax levies upon taxable prop- 24 erty. 25 (19) "Taxable property" means taxable real property, personal prop- 26 erty, operating property, or any other tangible or intangible property 27 included on the equalized assessment rolls. 28 (20) "Taxing district" means a taxing district as defined in section 29 63-201, Idaho Code, as that section now exists or may hereafter be amended. 30 (21) "Termination date" means a specific date no later than twenty (20) 31 years from the effective date of an urban renewal plan or as described in sec- 32 tion 50-2904, Idaho Code, on which date the plan shall terminate. Every ur- 33 ban renewal plan shall have a termination date that can be modified or ex- 34 tended subject to the twenty (20) year maximum limitation, except as pro- 35 vided in section 50-2904(5), Idaho Code. Provided however, the duration of 36 a revenue allocation financing provision may be extended as provided in sec- 37 tion 50-2904, Idaho Code. 38 SECTION 4. An emergency existing therefor, which emergency is hereby 39 declared to exist, this act shall be in full force and effect on and after 40 April 1, 2026. 41 -- 10 of 10 --
LATEST ACTION
Introduced, read first time, referred to JRA for Printing
BILL INFO
- Session
- 2026
- Chamber
- house
- Status date
- Mar 4, 2026
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