CHAPTER 67
H.P. 1120 - L.D. 1584
Resolve, Directing the State Tax Assessor To Adjust the State Valuation for the Town of Wiscasset
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Town of Wiscasset is the host community to the Maine Yankee Atomic Power Company, which owned and operated a nuclear electricity generating station that is currently being decommissioned and which currently owns and operates an independent storage facility for the interim storage of high-level nuclear waste and spent nuclear fuel generated during the operating lifetime of the Maine Yankee Nuclear Power Station; and
Whereas, there are fewer than 25 decommissioned or decommissioning commercial nuclear power reactors nationwide and fewer than 25 independent spent fuel storage facilities nationwide, most of which are located on the site of operating nuclear power plants, causing the valuation of those facilities and the real estate on which they are located to pose unprecedented assessment challenges; and
Whereas, as a result of the amicable settlement of a property tax dispute regarding the just value of the Maine Yankee Atomic Power Company's real and personal property, the Town of Wiscasset has experienced a loss of its municipal valuation related to the year 2003 municipal valuation relied upon by the State for purposes of establishing the 2005 state valuation, as determined by the Department of Administrative and Financial Services, Maine Revenue Services, Property Tax Division in September 2004; and
Whereas, Maine Revenue Services, Property Tax Division has completed its state valuations and the appeal period for the same has passed; and
Whereas, absent this special legislation, there is no provision for Maine Revenue Services, Property Tax Division to calculate an adjusted state valuation for the Town of Wiscasset for the 2005 state valuation; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. State valuation for Town of Wiscasset for year 2005. Resolved: That, due to the loss of valuation caused by the settlement of a property tax dispute regarding the just value of the independent spent fuel storage facility and the real estate on which it is located, notwithstanding the Maine Revised Statutes, Title 36, sections 208 and 208-A, the State Tax Assessor shall reduce the state valuation for the Town of Wiscasset for the year 2005 state valuation to $338,600,000; and be it further
Sec. 2. Apportionment for 2005. Resolved: That, notwithstanding the Maine Revised Statutes, Title 30-A, section 706, the county commissioners of Lincoln County must use the sum of $488,450,000 instead of the 2005 state valuation for the Town of Wiscasset for the purpose of apportioning county taxes for the 2005 tax year.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 31, 2005.
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