CSHB 306(RES) AM S: "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements."

00CS FOR HOUSE BILL NO. 306(RES) am S 01 "An Act relating to an optional municipal tax credit for costs of certain river 02 habitat protection improvements." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.45 is amended by adding a new section to read: 05  Sec. 29.45.046. RIVER HABITAT PROTECTION TAX CREDIT. (a) Unless 06 prohibited by municipal charter, a municipality may by ordinance provide for a river 07 habitat protection credit to be applied to offset a portion of the property taxes due on 08 land, or an interest in land taxable under this chapter, upon which an improvement has 09 been constructed that aids in 10  (1) protecting the Kenai River or a tributary of the Kenai River from 11 degradation of fish habitat due to public or private use; or 12  (2) restoring riparian fish habitat along or in the Kenai River or a 13 tributary of the Kenai River that has been damaged by land use practices. 14  (b) The amount of a river habitat protection credit shall be based upon a

01 percentage of the verifiable costs of the improvement and may not exceed 50 percent 02 of the total amount of taxes levied upon the land or upon the taxable interest in the 03 land during a single tax year, but the credit may be granted for more than one year. 04 If the credit is granted for more than one year and the land or taxable interest in the 05 land is conveyed, the portion of the credit remaining is extinguished. The ordinance 06 may limit the availability of a credit to some, but not all types of improvements for 07 which a credit may be granted under this section and to some, but not all areas of the 08 municipality. A credit may only be granted for an improvement that has been 09 constructed in compliance with state and federal laws and certified by the Department 10 of Fish and Game under (c) of this section. A credit may not be granted for an 11 improvement 12  (1) required under state or federal law; or 13  (2) located more than 150 feet from the mean high tide line or ordinary 14 high water line; in this paragraph, "ordinary high water line" means that line on the 15 shore of the nontidal portion of a river or stream that reflects the highest level of water 16 during an ordinary year and is established by fluctuations of water and indicated by 17 physical characteristics such as a clear, natural line impressed on the bank, shelving, 18 changes in the character of soil, destruction of terrestrial vegetation, the presence of 19 litter and debris, or other appropriate means that consider the characteristics of the 20 surrounding area. 21  (c) The Department of Fish and Game shall by regulation establish criteria to 22 be used in determining whether an improvement is effective in accomplishing the 23 purposes listed in (a)(1) or (2) of this section. Upon application by the owner of land 24 or taxable interest in land, the department shall certify whether an improvement meets 25 the criteria established under this subsection. The department may require submission 26 of plans for approval before construction as a condition of certification.