HOUSE BILL 152

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Sarah Maestas Barnes

AN ACT

RELATING TO TAXATION; PROVIDING A LIMITED-PERIOD DEDUCTION FROM GROSS RECEIPTS FOR OUTDOOR WATER-CONSERVATION PRODUCTS; PROVIDING FOR A PUBLIC INFORMATION CAMPAIGN TO PROMOTE THE DEDUCTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Gross Receipts and Compensating Tax Act is enacted to read:

     "[NEW MATERIAL] DEDUCTION--GROSS RECEIPTS TAX--SALES OF WATER-SAVING TANGIBLE PERSONAL PROPERTY--LIMITED PERIOD.--

          A. Before 2027, receipts from the sale at retail of water-saving tangible personal property may be deducted from gross receipts if the sale occurs during the period beginning at midnight on the third Sunday of March and ending at midnight on Saturday of that week.

          B. The purpose of the deduction provided by this section is to mitigate the effects of drought in New Mexico by creating an incentive for private property owners to reduce their outdoor water consumption through the use of products designed to decrease water waste.

          C. A taxpayer allowed a deduction in accordance with this section shall report the amount of the deduction separately in a manner required by the department.

          D. The department shall compile an annual report on the deduction provided by this section that includes the number of taxpayers that claimed the deduction, the aggregate amount of deductions claimed and any other information necessary to evaluate the effectiveness of the deduction. Beginning in 2017, the department shall compile and present the report to the revenue stabilization and tax policy committee and the legislative finance committee with an analysis of the cost and benefit to the state of the deduction.

          E. The New Mexico department of agriculture, in coordination with the taxation and revenue department, shall implement a public information campaign directed to consumers and retail businesses to encourage the retail consumption of water-saving tangible personal property associated with the deduction provided by this section.

          F. For the purposes of this section, "water-saving tangible personal property":

                (1) means products:

                     (a) intended for use on private, shared or communal property and not intended for business use, trade or resale; and

                     (b) whose use or planting in outdoor residential properties may result in: 1) water conservation or ground water retention; 2) water table recharge; or 3) a decrease in ambient air temperature that limits water evaporation; and

                (2) includes:

                     (a) drought-tolerant live plants, turf and grass;

                     (b) soaker or drip-irrigation hosing;

                     (c) moisture controls for sprinkler or irrigation systems;

                     (d) mulches and soils;

                     (e) rain barrels and alternative rain and moisture collection systems;

                     (f) permeable ground cover surfaces that allow water to reach underground basins, aquifers or water collection points;

                     (g) plant and grass seeds coated with water-saving surfactants; and

                     (h) water-saving surfactants."

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