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SENATE BILL
No. 97 Session of 2007
ARTICLE XVII-E
RESOURCE ENHANCEMENT AND PROTECTION TAX CREDIT
(Unofficial Copy)
SECTION 1701-E. SCOPE.
THIS ARTICLE RELATES TO RESOURCE ENHANCEMENT AND PROTECTION TAX CREDITS.
SECTION 1702-E. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS
GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"AGRICULTURAL EROSION AND SEDIMENTATION CONTROL PLAN.” SITE-SPECIFIC PLAN THAT:
1. MEETS THE REQUIREMENTS OF THE ACT OF JUNE 22, 1937 P.L.1987, NO.394),
KNOWN AS THE CLEAN STREAMS LAW AND 25 PA. CODE CH. 102 (RELATING TO EROSIONAND SEDIMENT CONTROL);
2. IDENTIFIES BEST MANAGEMENT PRACTICES TO MINIMIZE ACCELERATED EROSION AND
SEDIMENT FROM AN AGRICULTURAL OPERATION.
“AGRICULTURAL OPERATION." THE PROPERTY ON WHICH OCCUR THE MANAGEMENT AND USE OF
FARMING RESOURCES FOR THE PRODUCTION OF CROPS, LIVESTOCK OR POULTRY OR FOR EQUINE
ACTIVITY.
"ANIMAL CONCENTRATION AREAS." AN EXTERIOR AREA OF AN AGRICULTURAL OPERATION
SUBJECT TO RAINFALL WHERE LIVESTOCK CONGREGATE, INCLUDING A BARNYARD, A FEEDLOT, ALOAFING AREA, AN EXERCISE LOT OR OTHER SIMILAR ANIMAL CONFINEMENT AREA THAT WILLNOT MAINTAIN A GROWING CROP, OR WHERE DEPOSITED MANURE NUTRIENTS ARE IN EXCESS OFCROP NEEDS. THE TERM DOES NOT INCLUDE AREAS MANAGED AS A PASTURE OR OTHER CROPLAND
AND PASTURE ACCESSWAYS IF THEY DO NOT CAUSE DIRECT FLOW OF NUTRIENTS TO SURFACE
WATER OR GROUNDWATER.
"BEST MANAGEMENT PRACTICE." A PRACTICE OR COMBINATION OF PRACTICES DETERMINED BY
THE STATE CONSERVATION COMMISSION OR UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES AND CONSERVATION SERVICE TO BE EFFECTIVE AND PRACTICAL,
CONSIDERING TECHNOLOGICAL, ECONOMIC AND INSTITUTIONAL FACTORS, TO MANAGE NUTRIENTS
AND SEDIMENT TO PROTECT SURFACE WATER AND GROUNDWATER.
"BUSINESS FIRM." AN ENTITY AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH AND
SUBJECT TO THE TAXES IMPOSED BY ARTICLE III, IV, VI, VII, VIII, IX OR XV.
"COMMISSION." THE STATE CONSERVATION COMMISSION.
"CONSERVATION DISTRICT." A COUNTY CONSERVATION DISTRICT ESTABLISHED UNDER THE ACT
OF MAY 15, 1945 (P.L.547, NO.217),KNOWN AS THE CONSERVATION DISTRICT LAW.
"CONSERVATION PLAN." A PLAN, INCLUDING A SCHEDULE FOR IMPLEMENTATION, THAT
IDENTIFIES SITE SPECIFIC CONSERVATION BEST MANAGEMENT PRACTICES ON AN AGRICULTURAL
OPERATION.
"DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH.
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"ELIGIBLE APPLICANTS." A BUSINESS FIRM OR AN INDIVIDUAL WHO IS SUBJECT TO THE
TAXES IMPOSED BY ARTICLE III, IV, VI, VII,VIII, IX OR XV.
"EQUINE ACTIVITY." THE TERM INCLUDES THE FOLLOWING ACTIVITIES:
(1) THE BOARDING OF EQUINES.
(2) THE TRAINING OF EQUINES.
(3) THE INSTRUCTION OF PEOPLE IN HANDLING, DRIVING OR RIDING EQUINES.
(4) THE USE OF EQUINES FOR RIDING OR DRIVING PURPOSES.
(5) THE PASTURING OF EQUINES.
THE TERM DOES NOT INCLUDE ACTIVITY LICENSED UNDER THE ACT OF DECEMBER 17, 1981
(P.L.435, NO.135), KNOWN AS THE RACE HORSE INDUSTRY REFORM ACT.
"INDIVIDUAL." A NATURAL PERSON.
"LEGACY SEDIMENT." SEDIMENT THAT MEETS ALL OF THE FOLLOWING CONDITIONS:
(1) WAS ERODED FROM UPLAND AREAS AFTER THE ARRIVAL OF EARLY PENNSYLVANIA
SETTLERS AND DURING CENTURIES OF INTENSIVE LAND USE.
(2) WAS DEPOSITED IN VALLEY BOTTOMS ALONG STREAM CORRIDORS, BURYING
PRESETTLEMENT STREAMS, FLOODPLAINS, WETLANDS AND VALLEY BOTTOMS.
(3) ALTERED AND CONTINUES TO IMPAIR THE HYDROLOGIC BIOLOGIC, AQUATIC,
RIPARIAN AND WATER QUALITY FUNCTIONS OF PRESETTLEMENT AND MODERN
ENVIRONMENTS.
"NUTRIENT MANAGEMENT PLAN." AS DEFINED UNDER 3 PA.C.S. CH. 5(RELATING TO NUTRIENT
MANAGEMENT AND ODOR MANAGEMENT).
"NUTRIENT MANAGEMENT SPECIALIST." AS DEFINED UNDER 3 PA.C.S. CH. 5 (RELATING TONUTRIENT MANAGEMENT AND ODOR MANAGEMENT).
"PASS-THROUGH ENTITY." A PARTNERSHIP AS DEFINED IN SECTION 301(N.0) OR APENNSYLVANIA S CORPORATION AS DEFINED IN SECTION 301(N.1).
"QUALIFIED TAX LIABILITY." THE LIABILITY FOR TAXES IMPOSED UPON AN ELIGIBLE
APPLICANT UNDER ARTICLE III, IV, VI, VII, VIII, IX OR XV. THE TERM SHALL NOTINCLUDE ANY TAX WITHHELD BY AN EMPLOYER FROM AN EMPLOYEE UNDER ARTICLE III.
"RIPARIAN FOREST BUFFER." AN AREA OF MOSTLY TREES OR SHRUBS WHICH IS ADJACENT TO
AND UP-GRADIENT FROM WATERCOURSES OR WATER BODIES AND WHICH MEETS STANDARDS
ESTABLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES AND
CONSERVATION SERVICE.
"TECHNICAL SERVICE PROVIDER." AN INDIVIDUAL, ENTITY OR PUBLIC AGENCY CERTIFIED BY
THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE
AND PLACED ON THE APPROVED LIST TO PROVIDE TECHNICAL SERVICES TO PROGRAM
PARTICIPANTS OR TO THE UNITED STATES DEPARTMENT OF AGRICULTURE PROGRAM
PARTICIPANTS.
"USDA-NRCS." THE UNITED STATES DEPARTMENT OF AGRICULTURAL NATURAL RESOURCES AND
CONSERVATION SERVICE.
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SECTION 1703-E. RESOURCE ENHANCEMENT AND PROTECTION TAX CREDIT
PROGRAM.
(A) ESTABLISHMENT.--THE RESOURCE ENHANCEMENT AND PROTECTION TAX CREDIT
PROGRAM IS ESTABLISHED TO ENCOURAGE PRIVATE INVESTMENT IN THE
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES ON AGRICULTURAL OPERATIONS, THEPLANTING OF RIPARIAN FOREST BUFFERS AND THE REMEDIATION OF LEGACY SEDIMENT.
(B) LIMITS.--THE FOLLOWING LIMITS SHALL APPLY:
(
1) EXCEPT AS SET FORTH IN PARAGRAPH (5), AN ELIGIBLE APPLICANT
MAY BE GRANTED A MAXIMUM OF $150,000 IN TAX CREDITS UNDER THISPROGRAM.
(2) NO MORE THAN $150,000 IN TAX CREDITS SHALL BE GRANTED TOWARD
PROJECTS FOR AN AGRICULTURAL OPERATION.
(3) AN ELIGIBLE APPLICANT MAY SUBMIT AN APPLICATION FOR A SINGLE
PROJECT OR MULTIPLE APPLICATIONS FOR MULTIPLE PROJECTS WITHIN THE
LIMITS OF THIS SECTION.
(
4) THERE SHALL BE NO LIMIT ON THE AMOUNT OF TAX CREDITS THAT MAY
BE PURCHASED FROM OR BE ASSIGNED FROM AN ELIGIBLE APPLICANT.
(5) NOTWITHSTANDING PARAGRAPH (1), THERE SHALL BE NO LIMIT ON THEAMOUNT OF TAX CREDITS GRANTED TO A SPONSOR UNDER SUBSECTION (E).
(6) THE CREDITS FOR LEGACY SEDIMENT SHALL NOT BE ISSUED PRIOR TO
JULY 1, 2008. APPLICATIONS FOR LEGACY SEDIMENT REMEDIATION WILL NOT
BE ACCEPTED PRIOR TO JULY 1, 2008.
(C) CARRYOVER.—
(1) IF THE ELIGIBLE APPLICANT CANNOT USE THE ENTIRE AMOUNT OF THE
TAX CREDIT FOR THE TAXABLE YEAR IN WHICH THE TAX CREDIT IS FIRST
GRANTED, THEN THE EXCESS MAY BE CARRIED OVER TO SUCCEEDING TAXABLE
YEARS AND USED AS A CREDIT AGAINST THE QUALIFIED TAX LIABILITY OFTHE ELIGIBLE APPLICANT FOR THOSE TAXABLE YEARS. EACH TIME THAT THE
TAX CREDIT IS CARRIED OVER TO A SUCCEEDING TAXABLE YEAR, IT IS TO
BE REDUCED BY THE AMOUNT THAT WAS USED AS A CREDIT DURING THE
IMMEDIATELY PRECEDING TAXABLE YEAR. THE TAX CREDIT PROVIDED BY THIS
ARTICLE MAY BE CARRIED OVER AND APPLIED TO SUCCEEDING TAXABLE YEARS
FOR NO MORE THAN 15 TAXABLE YEARS FOLLOWING THE FIRST TAXABLE YEAR
FOR WHICH THE ELIGIBLE APPLICANT WAS ENTITLED TO CLAIM THE CREDIT.
(2) A TAX CREDIT GRANTED BY THE DEPARTMENT SHALL BE APPLIED
AGAINST THE TAXPAYER'S QUALIFIED TAX LIABILITY FOR THE CURRENT
TAXABLE YEAR AS OF THE DATE ON WHICH THE CREDIT WAS GRANTED BEFORE
THE TAX CREDIT IS APPLIED AGAINST ANY TAX LIABILITY UNDER PARAGRAPH
(1).
(3) A TAX CREDIT GRANTED UNDER THIS ARTICLE SHALL NOT BE CARRIED
BACK OR REFUNDED.
(D) SALE OR ASSIGNMENT OF CREDIT.—
(1) AN ELIGIBLE APPLICANT, UPON APPLICATION TO AND APPROVAL BY THECOMMISSION, MAY SELL OR ASSIGN, IN WHOLE OR IN PART, A TAX CREDITGRANTED TO THE ELIGIBLE APPLICANT UNDER THIS ARTICLE IF NO CLAIM
FOR ALLOWANCE OF THE CREDIT IS FILED WITHIN ONE YEAR FROM THE DATE
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THE CREDIT IS GRANTED BY THE DEPARTMENT UNDER SECTION 1708-E. THE
COMMISSION, IN CONSULTATION WITH THE DEPARTMENT, SHALL ESTABLISH
GUIDELINES FOR THE APPROVAL OF APPLICATIONS UNDER THIS SUBSECTION.
(2) THE PURCHASER OR ASSIGNEE OF A PORTION OF A TAX CREDIT UNDER
THIS SUBSECTION SHALL IMMEDIATELY CLAIM THE CREDIT IN THE TAXABLE
YEAR IN WHICH THE PURCHASE OR ASSIGNMENT IS MADE. THE AMOUNT OF THE
CREDIT THAT A PURCHASER OR ASSIGNEE MAY USE AGAINST A QUALIFIED TAX
LIABILITY MAY NOT EXCEED 75% OF THE QUALIFIED TAX LIABILITY FOR THE
TAXABLE YEAR. THE PURCHASER OR ASSIGNEE MAY NOT CARRY OVER, CARRYBACK, OBTAIN A REFUND OF OR SELL OR ASSIGN THE TAX CREDIT. THE
PURCHASER OR ASSIGNEE SHALL NOTIFY THE DEPARTMENT OF THE SELLER OR
ASSIGNOR OF THE TAX CREDIT IN COMPLIANCE WITH PROCEDURES SPECIFIED
BY THE DEPARTMENT.
(3) BEFORE AN APPLICATION IS APPROVED, THE DEPARTMENT MUST MAKE AFINDING THAT THE APPLICANT HAS FILED ALL REQUIRED STATE TAX REPORTS
AND RETURNS FOR ALL APPLICABLE TAXABLE YEARS AND PAID ANY BALANCE
OF STATE TAX DUE AS DETERMINED AT SETTLEMENT, ASSESSMENT OR
DETERMINATION BY THE DEPARTMENT.
(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENTSHALL SETTLE, ASSESS OR DETERMINE THE TAX OF AN APPLICANT UNDERTHIS SUBSECTION WITHIN 90 DAYS OF THE FILING OF ALL REQUIRED FINALRETURNS OR REPORTS IN ACCORDANCE WITH SECTION 806.1(A)(5) OF THEACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE.
(E) SPONSORSHIP.--AN ELIGIBLE APPLICANT MAY BE A SPONSOR BY 18 APPLYING
FOR A TAX CREDIT FOR A PROJECT AUTHORIZED UNDER SECTION 1707-E IF A WRITTEN
AGREEMENT BETWEEN THE ELIGIBLE APPLICANT AND THE OWNER OF PROPERTY ON WHICH
THE PROJECT WILL BE COMPLETED IS SUBMITTED TO THE COMMISSION, CERTIFYINGTHAT THE PROPERTY OWNER WILL COMPLY WITH ALL THE PROVISIONS OF THIS
ARTICLE.
(F) TAX CREDITS FOR PASS-THROUGH ENTITIES.—
(1) IF A PASS-THROUGH ENTITY HAS ANY UNUSED TAX CREDIT UNDER
SECTION 1704-E, IT MAY ELECT IN WRITING, ACCORDING TO PROCEDURESESTABLISHED BY THE DEPARTMENT, TO TRANSFER ALL OR A PORTION OF THECREDIT TO SHAREHOLDERS, MEMBERS OR PARTNERS IN PROPORTION TO THE
SHARE OF THE ENTITY'S DISTRIBUTIVE INCOME TO WHICH THE SHAREHOLDER,
MEMBER OR PARTNER IS ENTITLED.
(2) THE CREDIT PROVIDED UNDER PARAGRAPH (1) IS IN ADDITION TO ANY
TAX CREDIT TO WHICH THE SHAREHOLDER, MEMBER OR PARTNER IS OTHERWISE
ENTITLED UNDER THIS ARTICLE. HOWEVER, A PASS-THROUGH ENTITY AND ITS
SHAREHOLDERS, MEMBERS OR PARTNERS SHALL NOT CLAIM A TAX CREDIT UNDERTHIS ARTICLE FOR THE SAME PROJECT AUTHORIZED UNDER SECTION 1707-E.
(
3) A SHAREHOLDER, MEMBER OR PARTNER OF A PASS-THROUGH ENTITY TO
WHOM CREDIT IS TRANSFERRED UNDER PARAGRAPH (1) SHALL IMMEDIATELYCLAIM THE CREDIT IN THE TAXABLE YEAR IN WHICH THE TRANSFER IS MADE.
THE SHAREHOLDER, MEMBER OR PARTNER MAY NOT CARRY FORWARD, CARRYBACK, OBTAIN A REFUND OF, OR SELL OR ASSIGN THE CREDIT.
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SECTION 1704-E. TAX CREDITS.
(A) GENERAL ELIGIBILITY.--PROJECTS SHALL BE ELIGIBLE FOR A TAX CREDIT AS FOLLOWS:
(1) ONLY BEST MANAGEMENT PRACTICES COMPLETED AFTER THE EFFECTIVE DATE OF
THIS ARTICLE SHALL BE ELIGIBLE FOR A TAX CREDIT.
(2) AN AGRICULTURAL OPERATION SHALL HAVE IN PLACE A CURRENT CONSERVATION
PLAN, A CURRENT AGRICULTURAL EROSION AND SEDIMENT CONTROL PLAN IF ENGAGED IN
PLOWING AND TILLING, AND A CURRENT NUTRIENT MANAGEMENT PLAN IF REQUIRED, ORTHE DEVELOPMENT OF SUCH PLANS SHALL BE INCLUDED IN AN APPLICATION FOR A TAX
CREDIT.
(3) AN AGRICULTURAL OPERATION WITH AN ANIMAL CONCENTRATION AREA SHALL HAVE
IMPLEMENTED BEST MANAGEMENT PRACTICES NECESSARY TO ABATE STORM WATER RUNOFF,
LOSS OF SEDIMENT, LOSS OF NUTRIENTS AND RUNOFF OF OTHER POLLUTANTS FROM THE
ANIMAL CONCENTRATION AREA, OR THE IMPLEMENTATION OF SUCH BEST MANAGEMENT
PRACTICES SHALL BE INCLUDED IN AN APPLICATION FOR A TAX CREDIT.
(4) AN AGRICULTURAL OPERATION WITH AN UNCOMPLETED BEST MANAGEMENT PRACTICE
OF EITHER AN AGRICULTURAL EROSION AND SEDIMENT CONTROL PLAN IF ENGAGED IN
PLOWING AND TILLING OR A NUTRIENT MANAGEMENT PLAN IF REQUIRED, SHALL FIRSTINCLUDE THE REMAINING BEST MANAGEMENT PRACTICES INCLUDED IN SUCH PLANS IN AN
APPLICATION FOR A TAX CREDIT.
(5) A PROJECT SHALL MEET THE DESIGN AND CONSTRUCTION STANDARDS ESTABLISHED
BY THE COMMISSION. IF STANDARDS DO NOT EXIST FOR A BEST MANAGEMENT PRACTICE
APPROVED BY THE COMMISSION, THE COMMISSION MAY ESTABLISH OR APPROVE DESIGN,
CONSTRUCTION AND CERTIFICATION STANDARDS FOR SUCH A BEST MANAGEMENT PRACTICE.
(B) AMOUNT OF TAX CREDIT.—
(1) A TAX CREDIT EQUAL TO 75% OF THE ELIGIBLE COSTS UNDER SUBSECTION (C)
OF A PROJECT AUTHORIZED UNDER SECTION 1707-E SHALL BE GRANTED FOR ANY OF THE
FOLLOWING:
(I)DEVELOPMENT OF A VOLUNTARY OR MANDATORY NUTRIENT MANAGEMENT PLAN.
(II) DEVELOPMENT OF AN AGRICULTURAL EROSION AND SEDIMENT CONTROL PLAN
OR A CONSERVATION PLAN.
(III) FOR AN ANIMAL CONCENTRATION AREA, DESIGN AND IMPLEMENTATION OF
BEST MANAGEMENT PRACTICES NECESSARY TO ABATE STORM WATER RUNOFF, LOSSOF SEDIMENT, LOSS OF NUTRIENTS AND RUNOFF OF OTHER POLLUTANTS.
(IV) DESIGN AND IMPLEMENTATION OF BEST MANAGEMENT PRACTICES NECESSARY
TO RESTRICT LIVESTOCK ACCESS TO STREAMS IF THERE IS ESTABLISHED AND
MAINTAINED A RIPARIAN FOREST BUFFER WITH A MINIMUM WIDTH OF 50 FEET.
(V) ESTABLISHMENT OF A RIPARIAN FOREST BUFFER WITH A MINIMUM WIDTH OF
50 FEET.
(2) A TAX CREDIT EQUAL TO 50% OF THE ELIGIBLE COSTS UNDER SUBSECTION (C)
OF A PROJECT AUTHORIZED UNDER SECTION 1707-E SHALL BE GRANTED FOR ANY OF
THE FOLLOWING:
(
I) FOR AN AGRICULTURAL OPERATION, DESIGN AND IMPLEMENTATION OF
AGRICULTURAL BEST MANAGEMENT PRACTICES OR THE INSTALLATION AND USE OF
EQUIPMENT, PROVIDED THAT THE BEST MANAGEMENT PRACTICE OR EQUIPMENT IS
NECESSARY TO REDUCE EXISTING SEDIMENT AND NUTRIENT POLLUTION TO SURFACE
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WATERS. SUCH BEST MANAGEMENT PRACTICES AND EQUIPMENT SHALL BE
IDENTIFIED BY THE COMMISSION AND MAY INCLUDE MANURE STORAGE SYSTEMS,
ALTERNATIVE USES FOR MANURE, FILTER STRIPS, GRASSED WATERWAYS,
MANAGEMENT INTENSIVE GRAZING SYSTEMS AND NO-TILL PLANTING EQUIPMENT.
(II) DESIGN AND IMPLEMENTATION OF BEST MANAGEMENT PRACTICES NECESSARY
TO EXCLUDE LIVESTOCK ACCESS TO STREAMS THROUGH FENCING, STABILIZEDCROSSINGS AND IMPROVED WATERING SYSTEMS, IF THERE IS ESTABLISHED ANDMAINTAINED A VEGETATED RIPARIAN OR RIPARIAN FOREST BUFFER WITH A
MINIMUM WIDTH OF 35 FEET.
(3) A TAX CREDIT EQUAL TO 25% OF THE ELIGIBLE COSTS UNDER SUBSECTION (C) OFA PROJECT AUTHORIZED UNDER SECTION 1707-E SHALL BE GRANTED FOR THE
REMEDIATION OF LEGACY SEDIMENT IF THE LEGACY SEDIMENT IS EXPOSED AND IS
DISCHARGING OR THREATENS TO DISCHARGE INTO SURFACE WATERS AS A RESULT OF
ACUTE STREAM BANK EROSION. THE PROJECT SHALL MEET STANDARDS ESTABLISHED BY
THE COMMISSION AS BEING EFFECTIVE IN MITIGATING OR ELIMINATING THE HARMFUL
EFFECTS OF LEGACY SEDIMENT.
(C) COSTS OF PROJECT.—
(1) THE FOLLOWING SHALL BE CONSIDERED ELIGIBLE COSTS OF A PROJECT TO WHICH A
TAX CREDIT MAY BE APPLIED:
(I)PROJECT DESIGN, ENGINEERING AND ASSOCIATED PLANNING.
(II) PROJECT MANAGEMENT COSTS, INCLUDING CONTRACTING, DOCUMENT
PREPARATION AND APPLICATIONS.
(III) PROJECT CONSTRUCTION OR INSTALLATION.
(IV) EQUIPMENT, MATERIALS AND ALL OTHER COMPONENTS OF PROJECTS
ELIGIBLE UNDER SUBSECTION (A).
(IV) POSTCONSTRUCTION INSPECTIONS.
(VI) INTEREST PAYMENTS ON LOANS FOR PROJECT IMPLEMENTATION FOR UP TO
ONE YEAR PRIOR TO THE AWARD OF THE TAX CREDIT.
(2) A TAX CREDIT SHALL NOT BE APPLIED TO THAT PORTION OF PROJECT COST FOR
WHICH PUBLIC FUNDING WAS RECEIVED.
(3) ELIGIBLE COSTS OF A PROJECT SHALL INCLUDE ANY OF THE SERVICES LISTED IN
PARAGRAPH (1) THAT MAY BE PROVIDED BY A CONSERVATION DISTRICT.
SECTION 1705-E. PROJECT CERTIFICATION.
A PROJECT SHALL BE CERTIFIED BY THE COMMISSION AS MEETING STANDARDS UNDER SECTION
1704-E(A)(5) BY THE FOLLOWING:
(1) A BEST MANAGEMENT PRACTICE THAT CURRENTLY REQUIRES REVIEW ANDCERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER UNDER CURRENT LAW OR
APPLICABLE REGULATION: REGISTERED PROFESSIONAL ENGINEER;
(2) RIPARIAN FOREST BUFFER: TECHNICAL SERVICE PROVIDER OR STAFF FROM A
CONSERVATION DISTRICT OR USDA-NRCS;
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(3) NUTRIENT MANAGEMENT PLAN: NUTRIENT MANAGEMENT SPECIALIST; AND
(4) AGRICULTURAL EROSION AND SEDIMENT CONTROL PLAN OR CONSERVATION PLAN:
ANY PERSON TRAINED AND EXPERIENCED IN EROSION AND SEDIMENT CONTROL OR
CONSERVATION METHODS AND TECHNIQUES AND WHOSE QUALIFICATIONS ARE DETERMINEDACCEPTABLE BY THE COMMISSION.
SECTION 1706-E. PROJECT MAINTENANCE AND LIFE EXPECTANCY.
(A) BEST MANAGEMENT PRACTICE.--AN AGRICULTURAL OPERATION SHALL MAINTAIN A BEST
MANAGEMENT PRACTICE FOR THE LIFE OF THE PRACTICE AS ESTABLISHED BY THE COMMISSION.
A RIPARIAN FOREST BUFFER SHALL BE MAINTAINED FOR A MINIMUM OF 15 YEARS.
(B) FAILURE.--IF THE COMMISSION DETERMINES THAT A BEST MANAGEMENT PRACTICE IS NOT
MAINTAINED FOR THE PERIOD REQUIRED UNDER SUBSECTION (A), THE OWNER OF THE PROPERTYUPON WHICH THE PROJECT EXISTS SHALL RETURN TO THE DEPARTMENT THE AMOUNT OF THE TAX
CREDIT ORIGINALLY GRANTED. ANY AMOUNT PAID TO THE DEPARTMENT UNDER THIS SUBSECTION
SHALL BE DEPOSITED IN THE GENERAL FUND.
(C) EXCEPTION.--IF THE RECIPIENT OF A TAX CREDIT PROVIDES PRIOR WRITTEN
NOTIFICATION TO THE COMMISSION THAT THE RECIPIENT WILL BE UNABLE TO MAINTAIN A BEST
MANAGEMENT PRACTICE DUE TO SALE OF THE PROPERTY, CESSATION OF AN AGRICULTURALOPERATION OR OTHER FACTORS, THE COMMISSION MAY DIRECT THE DEPARTMENT TO PRORATE THEAMOUNT OF THE TAX CREDIT THAT SHALL BE RETURNED BASED ON THE REMAINING LIFESPAN OF
THE BEST MANAGEMENT PRACTICE IN QUESTION.
SECTION 1707-E. APPLICATION, REVIEW AND AUTHORIZATION BY COMMISSION.
(A) APPLICATION PROCESS.--AN ELIGIBLE APPLICANT SHALL APPLY TO THE COMMISSION FOR
AUTHORIZATION THAT A PROJECT IS ELIGIBLE FOR A TAX CREDIT UNDER THIS PROGRAM. AN
APPLICATION SHALL BE DEVELOPED BY THE COMMISSION AND SHALL INCLUDE:
(1) TYPE AND LOCATION OF PROJECT UNDER SECTION 1704-E(B).
(2) TOTAL COST OF PROJECT AS OUTLINED IN SECTION 1704-E(C).
(3) VERIFICATION OF ELIGIBILITY UNDER SECTION 1704-E(A).
(B) REVIEW, NOTIFICATION AND AUTHORIZATION.--THE COMMISSION SHALL WITHIN 60 DAYS
OF RECEIPT REVIEW EACH APPLICATION AND NOTIFY AN ELIGIBLE APPLICANT WHETHER OR NOT
THE ELIGIBLE APPLICANT MEETS THE REQUIREMENTS AND IS AUTHORIZED TO RECEIVE A TAX
CREDIT UNDER THIS ARTICLE.
(C) AUTHORIZATION OF TAX CREDIT.--THE COMMISSION SHALL NOT AUTHORIZE TAX CREDITS
THAT EXCEED THE LIMITS UNDER SECTIONS 1703-E(B) AND 1709-E. THE COMMISSION SHALL
AUTHORIZE TAX CREDITS ON A FIRST-COME, FIRST-SERVED BASIS.
(D) COMPLETION OF PROJECT.--UPON COMPLETION OF A PROJECT AUTHORIZED UNDER THIS
SECTION, AN ELIGIBLE APPLICANT SHALL SUBMIT TO THE COMMISSION WRITTEN NOTICE OF
PROJECT COMPLETION. SUCH NOTICE SHALL INCLUDE:
(1) PROOF OF CERTIFICATION AS REQUIRED BY SECTION 1705-E THAT THE PROJECT
IS COMPLETE.
(2) A MAINTENANCE PLAN AS REQUIRED BY SECTION 1707-E(A) FOR EACH BEST
MANAGEMENT PRACTICE, IF APPLICABLE TO THE PROJECT.
(3) ANY OTHER DOCUMENTS AS MAY BE REQUIRED BY THE COMMISSION.
(E) NOTIFICATION TO DEPARTMENT.--UPON DETERMINATION THAT A PROJECT AUTHORIZED
UNDER THIS SECTION IS COMPLETE, THE COMMISSION SHALL PROVIDE NOTIFICATION TO THE
DEPARTMENT:
(1) THAT THE ELIGIBLE APPLICANT HAS COMPLETED A PROJECT WHICH MEETS THE
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CRITERIA FOR A TAX CREDIT UNDER THIS ARTICLE; AND(2) THE AMOUNT OF TAX CREDIT FOR THE ELIGIBLE APPLICANT.
(F) INSPECTION.--PROJECTS AUTHORIZED UNDER THIS SECTION MAY BE SUBJECT TO
INSPECTION BY THE COMMISSION OR ITS DESIGNATED AGENT.
SECTION 1708-E. GRANT OF TAX CREDIT.
THE FOLLOWING SHALL APPLY:
(1) THE DEPARTMENT SHALL GRANT A TAX CREDIT AUTHORIZED UNDER SECTION 1707-E. THE
DEPARTMENT SHALL WITHIN 60 DAYS OF RECEIPT OF NOTICE UNDER SECTION 1707-E(E), ISSUEA NOTICE OF GRANT OF A TAX CREDIT TO THE ELIGIBLE APPLICANT.
(2) BEFORE A TAX CREDIT IS GRANTED, THE DEPARTMENT MUST MAKE A FINDING THAT THE
APPLICANT HAS FILED ALL REQUIRED STATE TAX REPORTS AND RETURNS FOR ALL APPLICABLE
TAXABLE YEARS AND PAID ANY BALANCE OF STATE TAX DUE AS DETERMINED AT SETTLEMENT OR
ASSESSMENT BY THE DEPARTMENT.
SECTION 1709-E. ANNUAL TAX CREDITS.
THE TOTAL AMOUNT OF TAX CREDITS AUTHORIZED BY THE COMMISSION SHALL NOT EXCEED
$10,000,000 IN ANY FISCAL YEAR.
SECTION 1710-E. REPORT AND PUBLIC INFORMATION.
(A) GENERAL RULE.--THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT, SHALLANNUALLY REPORT TO THE GENERAL ASSEMBLY ON THE RESOURCE ENHANCEMENT AND PROTECTION
TAX CREDIT PROGRAM AS FOLLOWS:
(1) THE NUMBER OF PROJECTS AND THE DOLLAR AMOUNT OF TAX CREDITS GRANTED
UNDER THE PROGRAM IN THE AGGREGATE, BY BEST MANAGEMENT PRACTICE AND PER
PROJECT.
(2) THE TYPES, LOCATIONS AND COSTS OF PROJECTS.
(3) THE ESTIMATED BENEFITS OF THE PROJECTS INCLUDING POLLUTION REDUCTION.
(B) IDENTITY.--THE IDENTITY OF EACH TAXPAYER UTILIZING A RESOURCE ENHANCEMENT AND
PROTECTION TAX CREDIT UNDER THIS ARTICLE, AND THE AMOUNT OF CREDITS APPROVED ANDUTILIZED BY EACH TAXPAYER SHALL BE MADE AVAILABLE ANNUALLY WITHIN A YEAR OF WHEN
THE CREDITS WERE GRANTED, AND SHALL CONSTITUTE A PUBLIC RECORD, NOTWITHSTANDING ANYLAW PROVIDING FOR THE CONFIDENTIALITY OF TAX RECORDS. THIS INFORMATION REGARDING
TAXPAYER USE OF RESOURCE ENHANCEMENT AND PROTECTION TAX CREDITS SHALL BE MADE
AVAILABLE IN ACCORDANCE WITH THE LAWS APPLICABLE TO PUBLIC INFORMATION AND PUBLIC
RECORDS GENERALLY, AND NEED NOT BE INCLUDED IN THE ANNUAL REPORT TO THE GENERAL
ASSEMBLY.
(2) THE ADDITION OF ARTICLE XVII-E OF THE ACT SHALL TAKE EFFECT IN 90 DAYS.
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