New Jersey § 54a:4-24

§ 54a:4-24.

a. (1) For taxable years beginning on or after January 1 next following the effective

date of P.L.2023, c. 4 ( C.13:1D-70 et al.), 1 a taxpayer that is a producer of concrete, or a producer of a major component of

concrete including cement or aggregate, shall be allowed a credit against the tax

otherwise due for the taxable year under the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. , to compensate the taxpayer for costs incurred as a result of conducting an environmental

product declaration analysis to determine the global warming potential of concrete

or concrete component produced at a production facility that the taxpayer owns or

operates (2) The amount of the credit authorized pursuant to this section shall not exceed

the lesser of: (a) the full cost incurred for an environmental product declaration

analysis of a single concrete, cement, aggregate, or related production facility,

or (b) $3,000. A taxpayer may claim the credit authorized pursuant to this section for the cost

of completing environmental product declaration analyses at up to eight production

facilities owned or operated by the same taxpayer in a single taxable year. b. In order to receive the tax credit allowed pursuant to this section, the taxpayer

shall submit to the department for approval a certification, in the form required

by the department, that includes: (1) the costs incurred to complete the environmental

product declaration; (2) the amount of the tax credit calculated pursuant to subsection

(2) of subsection a. of this section; (3) a copy of the environmental product declaration;

and (4) any other information determined to be relevant by the department. c. Upon approval of the certification, the department shall notify the director as

to the eligibility of the taxpayer for a tax credit in the amount approved by the

department. The director, prior to issuing a tax credit certificate pursuant to this section,

may require the submission by the taxpayer of any information the director deems necessary. d. When filing a return that includes a claim for a credit pursuant to this section,

the taxpayer who received the credit shall include a copy of the tax credit certificate. e. 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 the

“New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq. , for a taxable year, shall be as prescribed by the director. The amount of the credit applied under this section against the New Jersey gross

income tax imposed pursuant to N.J.S.54A:1-1 et seq. for a taxable year, when taken together with any other payments, credits, deductions,

and adjustments allowed by law, shall not reduce a taxpayer's tax liability to an

amount less than zero. The amount of the tax credit otherwise allowable under this section which cannot

be applied for the taxable year due to the limitations of this subsection or under

other provisions of N.J.S.54A:1-1 et seq. may be carried forward for seven taxable years following the taxable year for which

the tax credit certificate was issued, after which the tax credit shall expire. f. The total value of tax credits approved by the department, in consultation with

the director, pursuant to P.L.2023, c. 4 ( C.13:1D-70 et al.) shall not in the aggregate exceed $10 million in any year. The director shall issue tax credits pursuant to this section on a first-come, first-serve

basis. The director may issue a tax credit certificate to a taxpayer that has previously

been allowed a tax credit under this section. The director, prior to issuing a tax credit certificate pursuant to this section,

may require the submission by the taxpayer of any information the director deems necessary. g. As used in this section: “ Concrete ” means structural and non-structural masonry, and pre-cast and ready-mix concrete

building products. “ Department ” means the Department of Environmental Protection. “ Director ” means Director of the Division of Taxation in the Department of the Treasury. “ Environmental product declaration ” means a product-specific Type III environmental product declaration that conforms

to ISO Standard 14025, assesses the numeric global warming potential of the product,

and allows for environmental impact comparisons between concrete mixes fulfilling

the same functions. “ Global warming potential ” means the same as the term is defined in section 1 of P.L.2023, c. 4 ( C.13:1D-70 ). 1

L.2023, c. 4, eff. July 30, 2023.