(b) The owner of an energy storage resource with a nameplate capacity of one hundred kilowatts or more annually shall pay a nameplate capacity tax equal to the total nameplate capacity of the commissioned energy storage resource multiplied by a tax rate of three thousand five hundred eighteen dollars per megawatt.
(2) No tax shall be imposed on a renewable energy generation facility or energy storage resource:
(a) Owned or operated by the federal government, the State of Nebraska, a public power district, a public power and irrigation district, an individual municipality, a registered group of municipalities, an electric membership association, or a cooperative; or
(b) That is a customer-generator as defined in section 70-2002 .
(3) No tax levied pursuant to this section shall be construed to constitute restricted funds as defined in section 13-518 for the first five years after the renewable energy generation facility or energy storage resource is commissioned.
(4) The presence of one or more renewable energy generation facilities, energy storage resources subject to the nameplate capacity tax, or supporting infrastructure shall not be a factor in the assessment, determination of actual value, or classification under section 77-201 of the real property underlying or adjacent to such facilities, resources, or infrastructure.
(5)(a) The Department of Revenue shall collect the tax due under this section.
(b) The tax shall be imposed beginning the first calendar year the renewable energy generation facility is commissioned or the first calendar year the energy storage resource has a nameplate capacity of one hundred kilowatts or more. A renewable energy generation facility that uses wind as the fuel source which was commissioned prior to July 15, 2010, shall be subject to the tax levied pursuant to sections 77-6201 to 77-6204 on and after January 1, 2010. The amount of property tax on depreciable tangible personal property previously paid on a renewable energy generation facility that uses wind as the fuel source which was commissioned prior to July 15, 2010, which is greater than the amount that would have been paid pursuant to sections 77-6201 to 77-6204 from the date of commissioning until January 1, 2010, shall be credited against any tax due under Chapter 77, and any amount so credited that is unused in any tax year shall be carried over to subsequent tax years until fully utilized.
(c)(i) The tax for the first calendar year shall be prorated based upon the number of days remaining in the calendar year after the renewable energy generation facility is commissioned or after the energy storage resource reaches nameplate capacity of one hundred kilowatts or more.