Vermont § 5404a - Tax stabilization agreements; tax increment financing districts

§ 5404a. Tax stabilization agreements; tax increment financing districts

• (a) A tax agreement or exemption shall affect the education property tax grand list of
  the municipality in which the property subject to the agreement is located if the
  agreement or exemption is: (1) A prior agreement, meaning that it was: (A) a tax stabilization agreement for any purpose authorized under 24 V.S.A. § 2741 or comparable municipal charter provisions entered into or proposed and voted by
  the municipality before July 1, 1997, or a property tax exemption adopted by vote
  pursuant to chapter 125 of this title or comparable municipal charter provisions before
  July 1, 1997; or (B) an agreement relating to property sold or transferred by the New England Power Company
  of its Connecticut River system and its facilities along the Deerfield River that
  was warned before September 1, 1997. (2) A tax stabilization agreement relating to industrial or commercial property entered
  into under 24 V.S.A. § 2741 or comparable municipal charter provisions. (3) An agreement relating to affordable housing, which may be approved under this subdivision
  by the Commissioner of Taxes upon recommendation of the Commissioner of Housing and
  Community Affairs, provided the agreement provides either for new construction housing
  projects or rehabilitated preexisting housing projects and secures federal financial
  participation that may include projects financed with federal low income housing tax
  credits. (4) An exemption of property owned by a nonprofit volunteer fire, rescue, or ambulance
  organization and used for the purposes of the organization, adopted, extended, or
  renewed by vote of a municipality under chapter 125 of this title or comparable municipal
  charter provision after July 1, 1997. (5) An exemption of property owned by a municipality situated in another municipality,
  which has been exempted from municipal property taxes by vote of the municipality
  in which the property is situated and that is used for municipal forest lands, municipal
  water supply, or for other noncommercial municipal purposes. To be exempted under
  this subsection, the property must have been voted an exemption by the municipality
  before January 1, 1998, and such exemption may be extended or renewed thereafter by
  a similar vote of the municipality. (6) An exemption of a portion of the value of a qualified rental unit parcel. An owner
  of a qualified rental unit parcel shall be entitled to an exemption on the education
  property tax grand list of 10 percent of the grand list value of the parcel, multiplied
  by the ratio of square footage of improvements used for or related to residential
  rental purposes to total square footage of all improvements, multiplied by the ratio
  of qualified rental units to total residential rental units on the parcel. “Qualified
  rental units” means residential rental units that are subject to rent restriction
  under provisions of State or federal law but excluding units subject to rent restrictions
  under only one of the following programs: Section 8 moderate rehabilitation, Section
  8 housing choice vouchers, or Section 236 or Section 515 rural development rental
  housing. A municipality shall allow the percentage exemption under this subsection
  upon presentation by the taxpayer to the municipality, by April 1, of a certificate
  of education grand list value exemption obtained from the Vermont Housing Finance
  Agency (VHFA). VHFA shall issue a certificate of exemption upon presentation by the
  taxpayer of information that VHFA and the Commissioner shall require. A certificate
  of exemption issued by VHFA under this subsection shall expire upon transfer of the
  building, upon expiration of the rent restriction, or after 10 years, whichever first
  occurs; provided, however, that the certificate of exemption may be renewed after
  10 years and every 10 years thereafter if VHFA finds that the property continues to
  meet the requirements of this subsection. [Subdivision (b)(1) effective until contingency met; see also subdivision (b)(1) effective
  July 1, 2028 if contingency met, set out below.] (b)(1) An agreement affecting the education property tax grand list defined under subsection
  (a) of this section shall reduce the municipality’s education property tax liability
  under this chapter for the duration of the agreement or exemption without extension
  or renewal, and for a maximum of 10 years. A municipality’s property tax liability
  under this chapter shall be reduced by any difference between the amount of the education
  property taxes collected on the subject property and the amount of education property
  taxes that would have been collected on such property if its fair market value were
  taxed at the equalized nonhomestead rate for the tax year. [Subdivision (b)(1) effective July 1, 2028 if contingency met; see also subdivision
  (b)(1) effective until contingency met, set out above.] (1) An agreement affecting the education property tax grand list defined under subsection
  (a) of this section shall reduce the municipality’s education property tax liability
  under this chapter for the duration of the agreement or exemption without extension
  or renewal, and for a maximum of 10 years. A municipality’s property tax liability
  under this chapter shall be reduced by any difference between the amount of the education
  property taxes collected on the subject property and the amount of education property
  taxes that would have been collected on such property if its fair market value were
  taxed at the equalized rate for the tax year. (2) Notwithstanding any other provision of law, if a municipality has entered into an
  agreement that reduces the municipality’s education property tax liability under this
  chapter and the municipality establishes a tax increment financing district under
  24 V.S.A. chapter 53, subchapter 5, the municipality’s municipal and education tax increment shall be
  calculated based on the assessed value of the properties in the municipality’s grand
  list and not on the stabilized value. (c) Tax agreements not affecting the education property tax grand list. A tax agreement
  shall not affect the education property tax grand list if it is: (1) A tax exemption adopted by vote of a municipality after July 1, 1997 under chapter
  125 of this title, or voted under a comparable municipal charter provision or other
  provision of law for property owned by nonprofit organizations used for public, pious,
  or charitable purposes, or exemptions of property of a nonprofit volunteer fire, rescue,
  or ambulance organization adopted by vote of a municipality. (2) A tax stabilization agreement relating to agricultural property, forestland, open
  space land, or alternate energy generating plants entered into after July 1, 1997
  by a municipality under 24 V.S.A. § 2741. (3) A tax stabilization agreement relating to commercial or industrial property entered
  into after July 1, 1997 by a municipality under 24 V.S.A. § 2741, or a property tax exemption for purposes of economic development adopted by vote
  after July 1, 1997. (d) Tax agreements not affecting the education property tax grand list as defined in subsection
  (c) of this section shall not reduce the total education property tax liability of
  the municipality to the State under this chapter. However, such agreements shall reduce
  the education property tax liability of the owner of the property subject to the agreement
  to the extent provided in the agreement. A municipality shall assess a tax on its
  municipal grand list at a rate sufficient to raise an amount equal to the difference
  between the municipality’s total education property tax liability to the State under
  this chapter and the amount collected from education property taxes in the municipality
  after reductions for all tax agreements in effect in the municipality as defined in
  subsection (c) of this section. Any such tax assessed under this section shall be
  identified on the tax bill of the municipality as a separate tax for municipally voted
  tax agreements. (e) [Repealed.] (f) A municipality that establishes a tax increment financing district under 24 V.S.A. chapter 53, subchapter 5 shall collect all property taxes on properties contained within the
  district and apply not more than 70 percent of the State education property tax increment,
  and not less than 85 percent of the municipal property tax increment, to repayment
  of financing of the improvements and related costs for up to 20 years pursuant to
  24 V.S.A. § 1894, if approved by the Vermont Economic Progress Council pursuant to this section, subject
  to the following: (1) In a municipality with one or more approved districts, the Council shall not approve
  an additional district until the municipality retires the debt incurred for all of
  the districts in the municipality. (2) The Council shall not approve more than six districts in the State, and not more than
  two per county, provided: (A) The districts listed in 24 V.S.A. § 1892(d) shall not be counted against the limits imposed in this subdivision (2). (B) The Council shall consider complete applications in the order they are submitted,
  except that if during any calendar month the Council receives applications for more
  districts than are actually available in a county, the Council shall evaluate each
  application and shall approve the application that, in the Council’s discretion, best
  meets the economic development needs of the county. (3)(A) A municipality shall immediately notify the Council if it resolves not to incur debt
  for an approved district within five years of approval or a five-year extension period
  as required in 24 V.S.A. § 1894. (B) Upon receiving notification pursuant to subdivision (A) of this subdivision (3), the
  Council shall terminate the district and may approve a new district, subject to the
  provisions of this section and 24 V.S.A. chapter 53, subchapter 5. (g) Any use of education property tax increment approved under subsection (f) of this
  section shall be in addition to any other payments to the municipality under 16 V.S.A. chapter 133, shall remain available to the municipality for the full period authorized under
  24 V.S.A. § 1894, and shall be restricted only to the extent that the real property development giving
  rise to the increased value to the grand list fails to occur within the authorized
  period or by the enforcement provided by subsection (j) of this section. (h) To approve utilization of incremental revenues pursuant to subsection (f) of this
  section, the Vermont Economic Progress Council shall do all the following: (1) Application review. (A) Review each application to determine that the infrastructure improvements proposed
  to serve the tax increment financing district and the proposed development in the
  district would not have occurred as proposed in the application, or would have occurred
  in a significantly different and less desirable manner than as proposed in the application,
  but for the proposed utilization of the incremental tax revenues. (B) The review shall take into account: (i) the amount of additional time, if any, needed to complete the proposed development
  within the tax increment district and the amount of additional cost that might be
  incurred if the project were to proceed without education property tax increment financing; (ii) how the proposed development components and size would differ, if at all, including,
  if applicable to the development, in the number of units of affordable housing, as
  defined in 24 V.S.A. § 4303, without education property tax increment financing; and (iii)(I) the amount of additional revenue expected to be generated as a result of the proposed
  development; (II) the percentage of that revenue that shall be paid to the Education Fund; (III) the percentage that shall be paid to the municipality; and (IV) the percentage of the revenue paid to the municipality that shall be used to pay financing
  incurred for development of the tax increment financing district. (2) Process requirements. Determine that each application meets all of the following four requirements: (A) The municipality held public hearings and established a tax increment financing district
  in accordance with 24 V.S.A. §§ 1891-1900. (B) The municipality has developed a tax increment financing district plan, including
  a project description; a development financing plan; a pro forma projection of expected
  costs; a projection of revenues; a statement and demonstration that the project would
  not proceed without the allocation of a tax increment; evidence that the municipality
  is actively seeking or has obtained other sources of funding and investment; and a
  development schedule that includes a list, a cost estimate, and a schedule for public
  improvements and projected private development to occur as a result of the improvements. (C) The municipality has approved or pledged the utilization of incremental municipal
  tax revenues for purposes of the district in the same proportion as the utilization
  of education property tax revenues approved by the Vermont Economic Progress Council
  for the tax increment financing district. (D) The proposed infrastructure improvements and the projected development or redevelopment
  are compatible with approved municipal and regional development plans, and the project
  has clear local and regional significance for employment, housing, and transportation
  improvements. (3) Location criteria. Determine that each application meets at least two of the following three criteria: (A) The development is: (i) compact; (ii) high density; or (iii) located in or near existing industrial areas. (B) The proposed district is within an approved growth center, designated downtown, designated
  village center, new town center, or neighborhood development area. (C) The development will occur in an area that is economically distressed, which for the
  purposes of this subdivision means that the municipality in which the area is located
  has at least one of the following: (i) a median family income that is not more than 80 percent of the statewide median family
  income as reported by the Vermont Department of Taxes for the most recent year for
  which data are available; (ii) an annual average unemployment rate that is at least one percent greater than the
  latest annual average statewide unemployment rate as reported by the Vermont Department
  of Labor; or (iii) a median sales price for residential properties under six acres that is not more than
  80 percent of the statewide median sales price for residential properties under six
  acres as reported by the Vermont Department of Taxes. (4) Project criteria. Determine that the proposed development within a tax increment financing district
  will accomplish at least three of the following five criteria: (A) The development within the tax increment financing district clearly requires substantial
  public investment over and above the normal municipal operating or bonded debt expenditures. (B) The development includes new or rehabilitated affordable housing, as defined in 24 V.S.A. § 4303. (C) The project will affect the remediation and redevelopment of a brownfield located
  within the district. As used in this section, “brownfield” means an area in which
  a hazardous substance, pollutant, or contaminant is or may be present, and that situation
  is likely to complicate the expansion, development, redevelopment, or reuse of the
  property. (D) The development will include at least one entirely new business or business operation
  or expansion of an existing business within the district, and this business will provide
  new, quality, full-time jobs that meet or exceed the prevailing wage for the region
  as reported by the Department of Labor. (E) The development will enhance transportation by creating improved traffic patterns
  and flow or creating or improving public transportation systems. (i) The Vermont Economic Progress Council and the Department of Taxes shall make an annual
  report to the Senate Committee on Economic Development, Housing and General Affairs
  and the House Committees on Commerce and Economic Development and on Ways and Means
  on or before April 1. The report shall include, in regard to each existing tax increment
  financing district, the date of creation, a profile of the district, a map of the
  district, the original taxable value, the scope and value of projected and actual
  improvements and developments, projected and actual incremental revenue amounts and
  division of the increment revenue between district debt, the Education Fund, the special
  account required by 24 V.S.A. § 1896 and the municipal General Fund, projected and actual financing, and a set of performance
  measures developed by the Vermont Economic Progress Council, which shall include the
  number of jobs created in the district, what sectors experienced job growth, and the
  amount of infrastructure work performed by Vermont firms. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this
  subsection. (j)(1) Authority to adopt rules. The Vermont Economic Progress Council is hereby granted authority to adopt rules in
  accordance with 3 V.S.A. chapter 25 for the purpose of providing clarification and detail for administering the provisions
  of 24 V.S.A. chapter 53, subchapter 5 and the tax increment financing district provisions of this section.
  A single rule shall be adopted for all tax increment financing districts that will
  provide further clarification for statutory construction and include a process whereby
  a municipality may distribute excess increment to the Education Fund as allowed under
  24 V.S.A. § 1900. From the date the rules are adopted, the municipalities with districts in existence
  prior to 2006 are required to abide by the governing rule and any other provisions
  of the law in force; provided, however, that the rule shall indicate which specific
  provisions are not applicable to those districts in existence prior to January 2006. (2) Authority to issue decisions. (A) The Secretary of Commerce and Community Development, after reasonable notice to a
  municipality and an opportunity for a hearing, is authorized to issue decisions to
  a municipality on questions and inquiries concerning the administration of tax increment
  financing districts, statutes, rules, noncompliance with 24 V.S.A. chapter 53, subchapter 5, and any instances of noncompliance identified in audit reports conducted
  pursuant to subsection (l) of this section. (B) The Vermont Economic Progress Council shall prepare recommendations for the Secretary
  prior to the issuance of a decision. As appropriate, the Council may prepare such
  recommendations in consultation with the Commissioner of Taxes, the Attorney General,
  and the State Treasurer. In preparing recommendations, the Council shall provide a
  municipality with a reasonable opportunity to submit written information in support
  of its position. The Secretary shall review the recommendations of the Council and
  issue a final written decision on each matter within 60 days of the receipt of the
  recommendations. However, pursuant to subdivision (5) of this subsection (j), the
  Secretary may permit an appeal to be taken by any party to a Superior Court for determination
  of questions of law in the same manner as the Supreme Court may by rule provide for
  appeals before final judgment from a Superior Court before issuing a final decision. (3) Remedy for noncompliance. If the Secretary issues a decision under subdivision (2) of this subsection that includes
  a finding of noncompliance and that noncompliance has resulted in the improper reduction
  in the amount due the Education Fund, the Secretary, unless and until he or she is
  satisfied that there is no longer any such failure to comply, shall request that the
  State Treasurer bill the municipality for the total identified underpayment. The amount
  of the underpayment shall be due from the municipality upon receipt of the bill. If
  the municipality does not pay the underpayment amount within 60 days, the amount may
  be withheld from any funds otherwise payable by the State to the municipality or a
  school district in the municipality or of which the municipality is a member. (4) Referral; Attorney General. In lieu of or in addition to any action authorized in subdivision (3) of this subsection
  (j), the Secretary of Commerce and Community Development or the State Treasurer may
  refer the matter to the Office of the Attorney General with a recommendation that
  an appropriate civil action be initiated. (5) Appeal; hearing officer. A hearing that is held pursuant to this subsection shall be subject to the provisions
  of 3 V.S.A. chapter 25 relating to contested cases. The hearing shall be conducted by the Secretary or by
  a hearing officer appointed by the Secretary. If a hearing is conducted by a hearing
  officer, the hearing officer shall have all authority to conduct the hearing that
  is provided for in the applicable contested case provisions of 3 V.S.A. chapter 25, including issuing findings of fact, hearing evidence, and compelling, by subpoena,
  the attendance and testimony of witnesses. (k) The Vermont Economic Progress Council may require a third-party financial and technical
  analysis as part of the application of a municipality applying for approval of a tax
  increment financing district pursuant to this section. The applicant municipality
  shall pay a fee to cover the actual cost of the analysis to be deposited in a special
  fund, which shall be managed pursuant to chapter 7, subchapter 5 of this title and
  be available to the Council to pay the actual cost of the analysis. (l) The State Auditor of Accounts shall conduct performance audits of all tax increment
  financing districts. The cost of conducting each audit shall be considered a “related
  cost” as defined in 24 V.S.A. § 1891(6) and shall be billed back to the municipality pursuant to subsection 168(b) of this title. Audits conducted pursuant to this subsection shall include a review of a municipality’s
  adherence to relevant statutes and rules adopted by the Vermont Economic Progress
  Council pursuant to subsection (j) of this section, an assessment of record keeping
  related to revenues and expenditures, and a validation of the portion of the tax increment
  retained by the municipality and used for debt repayment and the portion directed
  to the Education Fund. (1)(A) For municipalities with a district created prior to January 1, 2006 and a debt repayment
  schedule that anticipates retention of education increment beyond fiscal year 2016,
  an audit shall be conducted when approximately three-quarters of the period for retention
  of education increment has elapsed, and at the end of that same period, an audit shall
  be conducted for the final one-quarter period for retention of education increment. (B) Notwithstanding subdivision (1)(A) of this subsection (l), the audit schedule for the Burlington Waterfront Tax Increment Financing District
  shall be as follows: (i) an audit shall be conducted on or after October 1, 2021; (ii) an audit shall be conducted not more than three years from the date debt is incurred
  as allowed by 2020 Acts and Resolves No. 175, Sec. 29(4); and (iii) a final audit shall be conducted at the end of the retention period for the District. (2) For municipalities with a district created after January 1, 2006 and approved by the
  Vermont Economic Progress Council, an audit shall be conducted five years after the
  first debt is incurred and a second audit seven years after completion of the first
  audit. A final audit will be conducted at the end of the period for retention of education
  increment. (Added 1997, No. 60, § 45, eff. Jan. 1, 1998; amended 1997, No. 71 (Adj. Sess.), § 47, eff. March 11, 1998; 2003, No. 76 (Adj. Sess.), § 7, eff. Jan. 1, 2004; 2003, No. 163 (Adj. Sess.), § 33, eff. Jan. 1, 2004; 2005, No. 184 (Adj. Sess.), § 2h; 2007, No. 81, §§ 12, 13, eff. June 11, 2007; 2007, No. 190 (Adj. Sess.), §§ 61, 63, 64; 2009, No. 47, § 6, eff. May 28, 2009; 2011, No. 45, § 15a, eff. May 24, 2011; 2013, No. 80, §§ 12-16, eff. June 7, 2013; 2013, No. 174 (Adj. Sess.), §§ 13, 14, eff. June 4, 2014; 2015, No. 11, § 28; 2015, No. 57, § 60, eff. Jan. 1, 2014; 2015, No. 157 (Adj. Sess.), § H.6, eff. Jan. 1, 2017; 2017, No. 69, § J.4, eff. June 28, 2017; 2017, No. 154 (Adj. Sess.), § 33, eff. May 21, 2018; 2019, No. 14, § 77, eff. April 30, 2019; 2021, No. 73, § 26; 2021, No. 74, § E.130.1; 2021, No. 105 (Adj. Sess.), § 529, eff. July 1, 2022; 2023, No. 72, §§ 21, 36, eff. June 19, 2023; 2025, No. 73, § 49, contingently eff. July 1, 2028.)