First Regular Session 117th General Assembly (2011)


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    SENATE ENROLLED ACT No. 481



     AN ACT to amend the Indiana Code concerning taxation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-12-29; (11)SE0481.1.1. -->
    SECTION 1. IC 6-1.1-12-29 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2010 (RETROACTIVE)]: Sec. 29. (a) This section does not apply to a wind power device that is owned or operated by:
        (1) a public utility (as defined in IC 8-1-2-1(a)); or
        (2) another entity that provides electricity at wholesale or retail for consideration, other than a person who participates in a net metering program offered by an electric utility.
This subsection shall be interpreted to clarify and not to change the general assembly's intent with respect to this section.

    (a) (b) For purposes of this section, "wind power device" means a device, such as a windmill or a wind turbine, that is designed to utilize the kinetic energy of moving air to provide mechanical energy or to produce electricity.
    (b) (c) The owner of real property, or a mobile home that is not assessed as real property, that is equipped with a wind power device is entitled to an annual property tax deduction. The amount of the deduction equals the remainder of (1) the assessed value of the real property or mobile home with the wind power device included, minus (2) the assessed value of the real property or mobile home without the wind power device.
SOURCE: ; (11)SE0481.1.2. -->     SECTION 2. An emergency is declared for this act.


SEA 481

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