PolicyBrief
S. 857
119th CongressMar 5th 2025
Water Conservation Rebate Tax Parity Act
IN COMMITTEE

The "Water Conservation Rebate Tax Parity Act" ensures that homeowners who receive rebates for installing water conservation, storm water management, or wastewater management measures at their primary residence will not have those rebates taxed as income, effective for amounts received after December 31, 2021.

John Curtis
R

John Curtis

Senator

UT

LEGISLATION

New Bill Proposes Tax Break for Home Water Conservation Rebates, Retroactive to 2022

This proposed legislation, the "Water Conservation Rebate Tax Parity Act," aims to modify federal tax law so homeowners don't have to count certain rebates as taxable income. Specifically, it targets subsidies provided by public utilities, state or local governments, or designated storm water management providers for installing water conservation, storm water management, or wastewater management measures. The key condition is that these upgrades must be for the taxpayer's primary residence. If enacted as written, this change would apply retroactively to rebates received after December 31, 2021.

Making Green Upgrades a Little Greener (Financially)

The core idea here is pretty straightforward: if you get money back for making your home more water-efficient or better at handling storm runoff, that rebate shouldn't increase your tax bill. Section 2 of the bill amends the tax code to exclude these specific subsidies from gross income. This covers a range of home improvements defined in the bill:

  • Water conservation/efficiency: Think low-flow toilets or showerheads, smart irrigation systems, or even just an evaluation to see where you can save water.
  • Storm water management: This could include things like rain gardens, permeable pavers, or other installations designed to reduce runoff or prevent flooding around your house.
  • Wastewater management: Upgrades or installations related to handling wastewater from your home could also qualify.

The goal seems to be encouraging homeowners to adopt these measures by removing a potential financial disincentive – the tax hit on the rebate itself.

Who's Offering the Rebates (and Where)?

The bill clarifies which entities can provide these tax-free rebates. It includes traditional public utilities (expanding the definition to explicitly cover water providers alongside electric and gas), state and local government entities, and a newly defined category: "storm water management providers." This last group includes entities, potentially government or private, that offer storm water management services to the public. Remember, the tax benefit only applies if the conservation or management measure is installed at your main home, not a vacation property or rental.

Looking Back: The Retroactive Clause

An important detail is the effective date. The bill states these changes apply to rebate amounts received after December 31, 2021. This means if you received a qualifying rebate in 2022 or later, this legislation could potentially affect your past or current tax situation. However, the bill also explicitly notes that it doesn't create any inference about how rebates received before January 1, 2022, should be treated under tax law.