Bill > A128

Introduced Session

This bill would exempt from real property taxation certain water quality management structures funded, in whole or in part, by certain federal and State grants. The bill defines "water quality management structure" as a physical structure designed and installed using a grant from the United States Conservation Service in the Department of Agriculture, the Department of Agriculture, or the State Agriculture Development Committee for purposes of improving water quality. Any water quality management structure that qualifies under the bill would be exempt from property taxation under chapter 4 of Title 54. The owner of real property with a certified water quality management structure would have exempted annually from the assessed valuation of the real property a sum equal to the remainder of the assessed valuation of the real property with the water quality management structure included, minus the assessed valuation of the real property without the water quality management structure. The enforcing agency in any municipality would make the decision to grant a certification that the structures qualify after receiving a written application. The enforcing agency may inquire into the right of a claimant to the exemption and may require the filing of a new application or the submission of any proof necessary to determine the continuation of the exemption. The enforcing agency would also have the authority to make an inspection of the premises. The exemption for the water quality management structure would begin the tax year following the year in which certification was granted. The enforcing agency may revoke the certificate if: the certificate was obtained by fraud or misrepresentation; the claimant fails to proceed with the construction, reconstruction, installation, or acquisition of a water quality management structure; the water quality management structure to which the certificate relates is being used for a different primary purpose; or the claimant has so departed from the equipment, design, and construction previously certified by the enforcing agency that, the water quality management structure is not suitable the purposes initially intended. The bill also requires the Director of the Division of Taxation in the Department of the Treasury to adopt rules and regulations necessary for certification of the water quality management systems, including the technical sufficiency of a water quality management system to qualify for an exemption, for the implementation of the act.

AI Summary

Committee Categories

Parker Space (R)*,  Harold Wirths (R)*, 

Introduced, Referred to Assembly Telecommunications and Utilities Committee (on 01/11/2022)

Official Document