Local Government Property Tax Credits Rebates

Under current law, counties and municipalities are authorized to issue tax incentives, including property and sales tax credits or rebates, to promote certain uses of real property, such as the installation of renewable energy fixtures. Section 2 of the bill authorizes boards of county commissioners to establish a similar incentive program to offer limited county property tax credits or rebates to participants in a program designed to directly improve an area of specific local concern related to the use of real property in the county. Section 3 sets forth applicable definitions and requirements to establish an incentive program to address an "area of specific local concern", which is defined as "a use of real property in the county that is determined by the board of county commissioners to be diminishing or unavailable based on verifiable data and which use the board of county commissioners finds and declares necessary for the preservation of the health, safety, or welfare of the residents of the county , including as to matters of equity, access to housing, and access to education ". The bill further specifies that an "area of specific local concern" does not include a use of real property in a county that:

• Harms or may reasonably be expected to harm a disproportionately impacted community; or
• Prevents or may reasonably be expected to prevent meeting the minimum greenhouse gas emission reduction goals and deadlines.

An incentive program must be established by resolution or ordinance adopted by a board of county commissioners at a public hearing and must include the board's findings and determinations regarding the specific area of local concern and specific criteria for the qualification of program participants. The county must include specified information regarding the incentive program in a notice of the hearing provided to the clerk of each municipality that is wholly or partly located in the county and that may be impacted by the incentive program. Each such municipality must be allowed to submit written comments and provide testimony at the hearing.

Incentive programs must be evaluated on an annual basis and may be renewed only if determined to be effective. An incentive program must be uniformly applied among all owners of the same class of real or commercial property.

Sections 4 and 5 authorize municipalities to establish an identical incentive program offering limited municipal property tax credits or rebates to participants in a program designed to directly improve an area of specific local concern related to the use of real property in the municipality. A municipal incentive program is subject to the same substantive and procedural requirements as a county program, including the requirement to provide notice of the public hearing regarding the incentive program, and an opportunity to submit written comments and provide testimony at such hearing, to each county that includes all or any portion of the municipality and that may be impacted by the incentive program.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)