2005 Illinois 35 ILCS 200/ Property Tax Code. Division 4 - Regional Water Treatment Facilities
(35 ILCS 200/Art. 11 Div. 4 heading)
DIVISION 4.
REGIONAL WATER TREATMENT FACILITIES
(35 ILCS 200/11‑130)
Sec. 11‑130.
Legislative findings.
The General Assembly finds that it is
the policy of this State to ensure and encourage the availability of safe
potable water for our cities, villages, towns, and rural residents and that it
has become increasingly difficult and cost prohibitive for smaller cities,
towns, and villages to construct, maintain, or operate, to current standards,
water treatment facilities. It is the further finding of the General Assembly
that regional treatment facilities capable of supplying several cities,
villages, towns, public water districts, public water commissions, and rural
water companies with treated water offer a viable economic solution to this
concern and it should be the policy of the State to encourage the construction
and operation of regional water treatment facilities capable of providing
treated, potable water to cities, villages, towns, public water districts,
public water commissions, and rural water companies, thereby relieving the
burden on those entities and their citizens from constructing and maintaining
their own individual treatment facilities.
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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(35 ILCS 200/11‑135)
Sec. 11‑135.
Definitions.
For purposes of this Division 4:
"Department" means the Illinois Department of Revenue.
"Not for profit corporation" means an Illinois corporation organized and
existing under the General Not For Profit Corporation Act of 1986 in good
standing with the State and having been granted status as an exempt
organization under Section 501(c) of the Internal Revenue
Code, or any successor or similar provision of the Internal Revenue Code.
"Public water commission" means a water commission organized and existing
under Division 135 of Article 11 of the Illinois Municipal Code.
"Public water district" means a water district organized and existing under
the Public Water District Act.
"Qualifying water treatment facility" means a water treatment facility that
is owned by a not for profit corporation whose members consist exclusively of
one or more incorporated city, village, or town of this State, and any number
of public water districts, any number of public water commissions, or any
number of rural water companies and that sells potable water to the
corporation's members on a mutual or cooperative and not for profit basis.
"Rural water company" means a not for profit corporation whose primary
purpose is to own, maintain, and operate a potable water distribution system
distributing water to residences, farms, or businesses exclusively in the State
of Illinois and not otherwise served by any city, village, town, public water
district, or public water commission.
"Water treatment facility" means a plant or facility whose primary function
is to treat raw water and to produce potable water for distribution, together
with all other real and personal property reasonably necessary to collect,
treat, or distribute the water.
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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(35 ILCS 200/11‑140)
Sec. 11‑140.
Valuation policy.
Qualifying water treatment facilities
shall be valued for purposes of computing the assessed valuation on the basis
of 33 1/3% of the fair cash value.
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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(35 ILCS 200/11‑145)
Sec. 11‑145.
Method of valuation for qualifying water treatment
facilities. To determine 33 1/3% of the fair cash value of any qualifying
water treatment facility in assessing the facility, the Department shall take
into consideration the probable net value that could be realized by the owner
if the facility were removed and sold at a fair, voluntary sale, giving due
account to the expense of removal, site restoration, and transportation. The
net value shall be considered to be 33 1/3% of fair cash value.
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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(35 ILCS 200/11‑150)
Sec. 11‑150.
Exclusion of for‑profit water treatment facilities.
In no
event shall the valuation set forth in this Division 4 be available to a water
treatment facility that sells water "for profit".
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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(35 ILCS 200/11‑155)
Sec. 11‑155.
Certification and assessment authority.
For tax purposes, a
qualifying water treatment facility shall be certified as such by the Director
of Natural Resources and shall be assessed by the Department
of Revenue.
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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(35 ILCS 200/11‑160)
Sec. 11‑160.
Approval procedure.
Application for approval as a qualifying
water treatment facility shall be filed with the Department of Natural
Resources in the manner and form prescribed by the Director of National
Resources. The application shall contain appropriate and available descriptive
information concerning anything claimed to be entitled to tax treatment as
defined in this Division 4. If it is found that the facility meets the
definition, the Director of Natural Resources, or his or her
duly authorized designee, shall enter a finding and issue a certificate that
requires tax treatment as a qualifying water treatment facility. The effective
date of a certificate shall be on January 1 preceding the date of certification
or preceding the date construction or installation of the facility commences,
whichever is later.
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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(35 ILCS 200/11‑165)
Sec. 11‑165.
Judicial review; qualifying water treatment facilities.
Any
applicant or holder aggrieved by the issuance, refusal to issue, denial,
revocation, modification, or restriction of a qualifying water treatment
facility certificate may appeal the finding and order of the Department of
Natural Resources under the Administrative Review Law.
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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(35 ILCS 200/11‑170)
Sec. 11‑170.
Procedures for assessment; qualifying water treatment
facilities. Proceedings for assessment or reassessment of property certified
to be a qualifying water treatment facility shall be conducted in accordance
with procedural rules adopted by the Department, in conformity with this
Code.
(Source: P.A. 92‑278, eff. 1‑1‑02.)
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