ASSEMBLY, No. 4666

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED JUNE 28, 2024

Sponsored by:

Assemblywoman  GARNET R. HALL

District 28 (Essex and Union)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex and Union)

SYNOPSIS

     Prohibits sale and use of certain gas-powered leaf blowers; provides CBT credit for purchase of electric leaf blower that replaces gas-powered leaf blower.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning the sale and use of certain leaf blowers and supplementing Title 26 of the Revised Statutes and P.L.1945, c.162 (C.54:10A-1 et seq.).

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

      1.   a.  Beginning two years after the effective date of this section, no person shall sell, offer for sale, or distribute within the State a gas-powered leaf blower that has a two-stroke engine for use or operation in the State.

      b.   Beginning four years after the effective date of this section, no person shall use or operate a gas-powered leaf blower that has a two-stroke engine in the State.

      c.   Beginning four years after the effective date of this section, no person shall use or operate a gas-powered leaf blower that has a four-stroke engine within any residential area of the State.

      d.  Beginning four years after the effective date of this section, a person shall only be permitted to use or operate a gas-powered leaf blower that has a four-stroke engine in 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.

      e.  Any commercial entity that violates the provisions of this section shall receive a warning for the first offense and shall be subject to a civil penalty of not less than $500 nor more than $1,000 for each subsequent offense.  Any other person who violates the provisions of this section shall receive a warning for the first offense and shall be subject to a civil penalty of $25 for each subsequent offense.  State and local law enforcement shall have exclusive authority to enforce this section and the penalty imposed shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  If the violation is of a continuing nature, each day during which the violation continues shall constitute an additional, separate, and distinct offense.  The Superior Court and the municipal court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.  Any penalty recovered under this section shall be retained by the enforcing government entity.

      f.  (1) The provisions of subsections a. through e. of this section shall not apply to any gas-powered blower designed and utilized for the application of pest management products.

      (2)  No municipality or county shall adopt an ordinance prohibiting the use, during licensed pest management product applications, of gas-powered blowers that are designed for the application of pest management products.

      g.  A municipality may adopt an ordinance regulating the sale or operation of gas-powered leaf blowers, provided that the ordinance's provisions are as stringent, or more stringent, than the provisions of this section.

      h.  The provisions of this section shall not be construed to impose liability on any news media for accepting or publishing advertising for a product that falls within the scope of this act.

      i.  As used in this section:

      "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.

      "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.

      2.  a.  (1)  For privilege periods beginning on or after the January 1 next following the effective date of P.L.    , c.    (C.         ) (pending before the Legislature as this bill), and for the next five taxable years thereafter, a taxpayer who purchases an electric leaf blower to replace a gas-powered leaf blower shall be allowed a credit against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5), to be calculated as provided in paragraph (2) of this subsection, to compensate the taxpayer for certain costs incurred in the purchase of the electric leaf blower.

      (2) The amount of the credit authorized pursuant to this section shall 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.

      b.  To qualify for the tax credit allowed pursuant to this section, a taxpayer shall apply to the 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 calculated pursuant to subsection a. of this section.  The application to the commissioner shall demonstrate that the electric leaf blower was purchased prior to applying for the tax credit provided in this section.  The application shall 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.  The commissioner shall transmit a copy of any certification issued pursuant to this subsection to the taxpayer and the director.

      c.  The director shall prescribe the order of priority of the application of the tax credit allowed pursuant to this section, and any other credits allowed against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) for a privilege period.  The amount of the credit applied pursuant to this section against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) shall not reduce a taxpayer's tax liability to an amount less than the statutory minimum provided in subsection (e) of section 5 of P.L.1945, c.162 (C.54:10A-5).  The amount of the tax credit otherwise allowable under this section which cannot be applied for the privilege period due to the limitations of this subsection or under other provisions of P.L.1945, c.162 (C.54:10A-1 et seq.) may be carried forward, if necessary, to the seven privilege periods following the privilege period for which the tax credit was allowed.

      d.  The commissioner, in consultation with the director, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to implement the provisions of this section.

      e.  No later than one year after the expiration date of the tax credits provided pursuant to this section, the commissioner shall prepare and submit to the Governor, the State Treasurer, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to 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.

      f.  As used in this section:

      "Commissioner" means the Commissioner of Environmental Protection.

      "Department" means the Department of Environmental Protection.

      "Director" means Director of the Division of Taxation in the Department of the Treasury.

      "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.

      "Gas-powered leaf blower" means the same as defined in section 1 of P.L.    , c.    (C.         ) (pending before the Legislature as this bill).

     3.    This act shall take effect immediately.

STATEMENT

      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.