AB479

Section 1 of Article 10 of the Nevada Constitution authorizes the Legislature to constitute agricultural and open-space real property as a separate class for taxation purposes and provide a separate plan for the appraisal and valuation of such property for assessment purposes. Existing law constitutes such property as a separate class and provides for the partial deferred taxation of such property. (NRS 361A.090, 361A.280, 361A.283) Under existing law, an owner of real property may file an application for agricultural use assessment with the county assessor or the Department of Taxation, in certain circumstances, who, upon receipt of the application, is required to make an independent determination of the use of the owner's property. (NRS 361A.100, 361A.110, 361A.120) Further, under existing law, if the property is found to be agricultural real property, the county assessor is required to determine the value for agricultural use and assess it for taxes to be collected in the ensuing fiscal year at 35 percent of that value, utilizing certain classifications of agricultural real property defined by the Nevada Tax Commission determined on certain bases each year. (NRS 361A.130, 361A.140) Section 3 of this bill establishes that agrivoltaic purposes is an agricultural use for the purposes of determining the taxation of agricultural real property. Section 2 of this bill defines the term “agrivoltaic purposes” to mean a system under which solar energy production and agricultural