Bill > A4666

Introduced Session

This bill would prohibit, beginning two years after the bill's effective date, the sale or distribution of a gas-powered leaf blower that has a two-stroke engine for use or operation in the State. The bill would prohibit, beginning four years after the bill's effective date, the use or operation of a gas-powered leaf blower that has a two-stroke engine within the State. In addition, the bill would prohibit, beginning four years after the bill's effective date, the use or operation of a gas-powered leaf blower that has a four-stroke engine within any residential area of the State. The bill would also limit the permitted use of a gas-powered leaf blower that has a four-stroke engine to non-residential areas of the State during the following times of the year: (1) March 15 through May 15; and (2) October 15 through December 15. As defined in the bill, "gas-powered leaf blower" means a leaf blower that has a two-stroke or four-stroke engine and uses gasoline or a gasoline and oil blend as fuel. As defined in the bill, "residential area" means an area that is listed in the zoning ordinance of the applicable municipality as a residential zone, and which surrounds a building or structure or complex of buildings or structures that is primarily used for residential purposes, including, but not limited to, the area surrounding a single-family home, multi-family residential property, mobile home, residential apartment building, hotel, boarding house, motel, dormitory, or dwelling unit. Any commercial entity that violates the provisions of section 1 of the bill would receive a warning for a first offense and would be subject to a civil penalty of not less than $500 nor more than $1,000 for each subsequent offense. Other persons would receive a warning for a first offense and would subject to a civil penalty of $25 for each subsequent offense. In the case of a continuing violation, each day during which the violation continues would constitute an additional, separate, and distinct offense. The bill authorizes State and local law enforcement agencies to have the exclusive authority of enforcing the bill's provisions. The bill also incentivizes the enforcement of the bill's provisions by permitting any penalty recovered to be retained by the enforcing government entity. The bill would exempt gas-powered blowers designed and utilized for the application of pest management products, and would prohibit municipalities and counties from adopting ordinances restricting the use of such blowers. The bill would also provide that municipalities may adopt ordinances regulating the sale or operation of gas-powered leaf blowers, provided that they are at least as stringent as the bill's provisions. The bill would also incentivize the sale of, and replacement of gas-powered leaf blowers with, electric leaf blowers by providing a tax credit against the corporation business tax to compensate a taxpayer for certain costs incurred in the purchase of an electric leaf blower. The tax credit would be available for a period of six years. As defined by the bill, "electric leaf blower" means a leaf blower that is powered by electricity and includes plug-in electric leaf blowers or battery-powered electric leaf blowers. The amount of the tax credit provided by the bill may not exceed 50 percent of the full cost of purchasing the electric leaf blower, including the cost of any batteries or charging equipment that may be required. To qualify for the tax credit, a taxpayer would be required to apply to the Commissioner of Environmental Protection (commissioner) for a certification that provides: (1) that the electric leaf blower purchased by the taxpayer is eligible for the tax credit; and (2) the amount of the tax credit. The application to the commissioner would be required to demonstrate that the electric leaf blower was purchased prior to applying for the tax credit. The application would be required to include a receipt demonstrating the cost of the electric leaf blower, the cost of any batteries or charging equipment purchased, a certification that a pre-existing gas-powered leaf blower was replaced by the electric leaf blower purchased, and any other information determined relevant by the Department of Environmental Protection (DEP). The bill would require the DEP, in consultation with the Director of the Division of Taxation, to adopt rules and regulations as are necessary to implement the bill's provisions. The bill would also require, no later than one year after the bill's effective date, the DEP to prepare and submit to the Governor, the State Treasurer, and the Legislature, a report that, at a minimum, summarizes the effectiveness of the tax credit in incentivizing the purchase of electric leaf blowers and the replacement of gas-powered leaf blowers with electric leaf blowers.

AI Summary

Committee Categories

Garnet Hall (D)*,  Cleopatra Tucker (D)*, 

Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee (on 06/28/2024)

Official Document