‘(a) General Rule- For purposes of section 38, the idling reduction credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid or incurred for each qualified idling reduction device placed in service by the taxpayer during the taxable year.
‘(b) Limitation- The maximum amount allowed as a credit under subsection (a) shall not exceed $3,000 per device.
‘(c) Definitions- For purposes of subsection (a)--
‘(1) QUALIFIED IDLING REDUCTION DEVICE- The term ‘qualified idling reduction device’ means any device or system of devices--
‘(A) of a kind chiefly used for highway transportation in combination with a trailer or semi-trailer,
‘(B) which is designed to provide to such vehicle those services (including heat, air conditioning, and electricity) that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or remains stationary,
‘(C) the original use of which commences with the taxpayer,
‘(D) which is acquired for use by the taxpayer and not for resale, and
‘(E) which is determined by the Administrator of the Environmental Protection Agency to reduce long-duration idling of such vehicle at a motor vehicle rest stop or other location where such vehicles are temporarily parked or remain stationary.
‘(2) LONG-DURATION IDLING- The term ‘long-duration idling’ means the operation of a main drive engine for a period greater than 5 consecutive minutes where the main drive engine is not engaged in gear. Such term does not apply to routine stoppages associated with traffic movement or congestion, actions taken by government personnel, required routine maintenance, and or prevention of safety or health emergency.
‘(d) No Double Benefit- For purposes of this section--
‘(1) REDUCTION IN BASIS- If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (a), the basis of such property shall be reduced by the amount of the credit so determined.
‘(2) OTHER DEDUCTIONS AND CREDITS- No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section.
‘(e) Election Not To Claim Credit- This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.’.
(b) Credit To Be Part of General Business Credit- Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ‘ plus’ at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ‘, plus’, and by adding at the end the following new paragraph:
(c) Conforming Amendments-
(1) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item:
‘Sec. 45R. Idling reduction credit.’.
(2) Section 1016(a) of such Code is amended by striking ‘and’ at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ‘, and’, and by adding at the end the following:
‘(38) in the case of a facility with respect to which a credit was allowed under section 45R, to the extent provided in section 45R(d)(1).’.
(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2009.
U.S. Congress - Text of H.R.3383 as Introduced in House Idling Reduction Tax Credit Act of 2009
