Title 46, Chapter 3, Section 128
( 46-3-128)
(a) It is found, determined, and declared that the creation of the
authority and the carrying out of its corporate purposes are in all
respects for the benefit of the people of this state and that the
authority is an institution of purely public charity performing an
essential governmental function. (b)(1) The property of the authority is declared, and shall in all
respects be considered, to be public property. Title to the
authority's property shall be held by the authority only for the
benefit of the public; and the use of such property pursuant to
this article shall be and is declared to be for essential public
and governmental purposes, that is, for the promotion of public
general welfare in the matter of providing an adequate,
dependable, and economical electric power supply in an effort to
better the general condition of society in this state, which
promotion is declared to be a public beneficence for the good of
humanity and for the general improvement and happiness of society. (2)(A) It is recognized, however, that removal from local tax
digests of the value of all property owned by the authority
might impose an unfair burden on many taxpayers whose property
is taxable. In the interest of weighing these benefits and
concerns and arriving at an equitable policy regarding treatment
of authority property, the General Assembly finds and declares
that equity requires that the exemption presently applicable to
the authority's property should remain in effect. However, the
General Assembly also finds and declares that in the future the
authority should rightfully make payments in lieu of taxes so
that the authority may fulfill its good and public purposes
without incidental harm to the state's local governments. (B) With respect to tangible property owned by the authority and
included in its project one and project two, as those projects
are constituted as of March 25, 1980, or thereafter under the
authority's power revenue bond resolution and general power
revenue bond resolution, and supplemental resolutions thereto,
the authority shall begin making payments in lieu of taxes in
such manner and amounts as provided in this Code section in the
earlier of (i) the first year after all of the bonds issued by
the authority to finance each such respective project have been
fully redeemed or (ii) the year 2020. (C) With respect to tangible property acquired or constructed by
the authority after March 25, 1980, and not included in its
project one or project two, the authority shall begin making
payments in lieu of taxes, in such manner and amounts as
provided in this Code section, in the year 1981 or such later
year as the authority first acquires or constructs such
property. (D) In each year in which the authority is required by this Code
section to make payments in lieu of taxes, it shall file a
return within the same time and in the same form and manner as
public utilities. The taxing authorities shall assess the
tangible property of the authority which is made subject by this
Code section to payments in lieu of taxes in accordance with the
law and procedures applicable to public utilities and shall
apply to such assessments in each year in which any such
payments are due the appropriate millage levies of the state and
of the political subdivisions in which such property is located
in order to arrive at the amounts of the respective payments in
lieu of taxes. The authority shall be notified of the amounts of
the payments in lieu of taxes due and shall pay such amounts to
the state and respective political subdivisions within the time
in which payments of taxes by public utilities are allowed or
required. (c) Except as specifically provided in this Code section for
payments in lieu of taxes, all property of the authority, all
income, obligations, and interest on the bonds and notes of the
authority and all transfers of such property, bonds, or notes shall
be and are declared to be exempt from taxation by the state or any
of its political subdivisions. |