Deviation Procedures

  1. All affected tax jurisdictions shall be notified by certified mail of any proposed deviation of the Uniform Tax Exemption Policy and the reasons for such deviation. Affected tax jurisdictions shall have ten (10) calendar days to provide written input regarding the proposed deviation prior to final action by the Board.
  2. Decrease in Abatement: The Agency may at any time and for any class of use determine that its uniform tax exemption policy should be deviated from to provide for an increase in the amount of payment in lieu of tax. These increases would be remitted to affected taxing jurisdictions in the same proportion as the real property tax levy.
  3. Right of Reimbursement: The Agency reserves the right to use PILOT revenues to reimburse itself or any other governmental Agency or political subdivision of all or a portion of Agency and/or other public funds which were invested in the construction of infrastructure which was instrumental in the location decision of the company making the PILOT payments. Such reimbursement shall not result in a reduction of existing tax revenues generated prior to Agency involvement.
  4. Hydroelectric Facilities: The Agency may consider extending the abatement period from 10 to 15 years for hydroelectric facilities if the project sponsor can demonstrate and extension is critical to the economic viability of the project.
  5. The Agency expects to adopt amendments to this Policy Statement. Also, the IDA expects to provide flexibility to the Program by allowing variances when and where the IDA after due consideration deems a variance justified. No amendment or variance will be adopted or allowed unless and until a public hearing as been held, appropriate input has been received from the taxing entities and the general public, and the reasons for any such amendment or variance are separately itemized and evaluated.
  6. Notwithstanding any of the foregoing provisions the Agency, at its discretion, reserves the right to deviate from its Economic Development Job Incentive Program Policy.

All applicants are cautioned not to make substantial commitments or incur any costs unless and until the applicant is fully aware of the consequences of any formal action prior to consultation with representatives of the Agency.