LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 6865 NOTE PREPARED: Dec 23, 2024 BILL NUMBER: HB 1511 BILL AMENDED: SUBJECT: Riverfront Economic Development Tax Area. FIRST AUTHOR: Rep. Pfaff BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: This bill allows the legislative body of a city or a county without a consolidated city to adopt a resolution establishing a riverfront economic development tax area. It sets forth requirements for the location of the tax area. It requires the legislative body to make findings when adopting a resolution. It also requires the legislative body to submit a resolution establishing a tax area to the Budget Committee and Budget Agency for review and approval. The bill allows a tax area to receive incremental state income tax revenue and incremental sales tax revenue attributable to the tax area. It requires a city or county that establishes a tax area to establish a riverfront economic development area fund. It provides that a tax area terminates not later than 25 years after the date on which the resolution establishing the tax area is adopted. Effective Date: July 1, 2025. Explanation of State Expenditures: Budget Committee and State Budget Agency (SBA): The bill requires the Budget Committee to meet and make a recommendation to the SBA on an ordinance adopted by a city or county establishing a riverfront economic development tax area. The SBA is required to approve a resolution before incremental revenue can be allocated to the tax area. These provisions are routine administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Department of State Revenue (DOR): The DOR will experience an increase in workload and expenses to compute the income tax and sales tax incremental amounts for each tax area. The DOR should be able to implement the bill’s requirements within existing staffing and resource levels. Incremental Tax Financing Fund: If a city or county establishes a tax area, a nonreverting state fund for the tax area, known as the Incremental Tax Financing Fund, would be created. Incremental sales tax and income tax would be deposited in this fund and distributed monthly to the fiscal officer of the city or county. The fund would be administered by the DOR. HB 1511 1 Explanation of State Revenues: The bill allows a riverfront economic development tax area to capture incremental income tax revenue attributable to wages earned in the tax area and incremental sales and use tax revenue remitted by businesses operating in a tax area. The bill could potentially reduce revenue beginning in FY 2025. The revenue loss could be significant and would depend on several factors, including the number of tax areas that are established, the boundaries of the tax areas, and the incremental economic activity that occurs within each tax area. State income tax revenue is deposited in the General Fund. Sales tax revenue is deposited in the General Fund (99.838%), Commuter Rail Service Fund (0.131%), and Industrial Rail Service Fund (0.031%). Explanation of Local Expenditures: The bill requires the city or county legislative body to submit the following information to the Budget Committee: a copy of the resolution establishing the tax area, a map of the tax area, a list of employers in the area and street names and the range of street numbers of each street in the area, and any other information requested by the Budget Committee. Explanation of Local Revenues: The bill allows a city or county to establish a riverfront economic development tax area with boundaries that border at least one side of a river and are located within a certain distance from the river. A tax area would receive incremental state income tax and sales tax revenue attributable to the tax area for up to 25 years. The amount of incremental revenue will depend on the boundaries of the tax area and the incremental economic activity that occurs in the area. All incremental revenue would be deposited in a local riverfront economic development area fund. Money in this fund may only be used for certain expenses related to capital improvements and facilities located in, physically connected to, or directly serving the tax area. State Agencies Affected: Department of State Revenue, State Budget Agency, General Assembly. Local Agencies Affected: Cities and counties. Information Sources: Fiscal Analyst: Lauren Tanselle, 317-232-9586. HB 1511 2