S 1285 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1285CommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to extend and modify the credit for new qualified hybrid motor vehicles, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 28, 2011CommentsClose CommentsPermalink

Mr. KOHL (for himself and Mr. BLUNT) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to extend and modify the credit for new qualified hybrid motor vehicles, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Hybrid and Electric Trucks and Infrastructure Act’.CommentsClose CommentsPermalink

SEC. 2. EXTENSION AND MODIFICATION OF NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT.

(a) Extension- Paragraph (3) of section 30B(k) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking ‘after’,CommentsClose CommentsPermalink





(2) by inserting ‘after’ before ‘December’ each place it appears in paragraphs (1), (2), and (4), andCommentsClose CommentsPermalink





(3) in paragraph (3), by striking ‘subsection (e)), December 31, 2009, and’ and inserting ‘subsection (e))--CommentsClose CommentsPermalink





‘(A) after December 31, 2009 and before the date of the enactment of the Hybrid and Electric Trucks and Infrastructure Act, andCommentsClose CommentsPermalink





‘(B) before December 31, 2015, and’.CommentsClose CommentsPermalink





(b) Qualified Incremental Hybrid Cost- Clause (iii) of section 30B(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ‘does not exceed--’ and all that follows and inserting the following: ‘does not exceed--CommentsClose CommentsPermalink





‘(I) $15,000, if such vehicle has a gross vehicle weight rating of not more than 14,000 pounds;CommentsClose CommentsPermalink





‘(II) $30,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds;CommentsClose CommentsPermalink





‘(III) $60,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds but not more than 33,000 pounds; andCommentsClose CommentsPermalink





‘(IV) $100,000, if such vehicle has a gross vehicle weight rating more than 33,000 pounds.’.CommentsClose CommentsPermalink





(c) Applicable Percentage for Heavy Trucks Achieving 20 Percent Increase in City Fuel Economy- Clause (ii) of section 30B(d)(2)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (I), (II), and (III) as subclauses (II), (III), and (IV), respectively, and by inserting before subclause (II) (as so redesignated) the following new subclause:CommentsClose CommentsPermalink





‘(I) 10 percent in the case of a vehicle to which clause (iii)(IV) applies if such vehicle achieves an increase in city fuel economy relative to a comparable vehicle of at least 20 percent but less than 30 percent.’.CommentsClose CommentsPermalink





(d) Dollar Limitation- Subparagraph (B) of section 30B(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(vi) LIMITATION- The amount allowed as a credit under subsection (a)(3) with respect to a vehicle by reason of clause (i) of this subparagraph shall not exceed $24,000.’.CommentsClose CommentsPermalink





(e) Heavy Electric Vehicles- Paragraph (3) of section 30B(d) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraphs:CommentsClose CommentsPermalink





‘(B) HEAVY ELECTRIC VEHICLES- In the case of a vehicle with a gross vehicle weight rating of not less than 8,500 pounds, the term ‘new qualified hybrid motor vehicle’ includes a motor vehicle--CommentsClose CommentsPermalink





‘(i) which draws propulsion energy exclusively from a rechargeable energy storage system; andCommentsClose CommentsPermalink





‘(ii) which meets the requirements of clauses (iii), (v), (vi), and (vii) of subparagraph (A).’.CommentsClose CommentsPermalink





(f) Credits May Be Transferred- Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) TRANSFERABILITY OF CREDIT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A taxpayer who places in service any vehicle may transfer the credit allowed under this subsection with respect to such vehicle through an assignment to the seller of such vehicle. Such transfer may be revoked only with the consent of the Secretary.CommentsClose CommentsPermalink





‘(B) REGULATIONS- The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under subparagraph (A) is claimed once and not reassigned by such other person.’.CommentsClose CommentsPermalink





(g) Effective Date- The amendments made by this section shall apply to vehicles acquired after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 3. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.

(a) In General- Paragraph (2) of section 30C(g) of the Internal Revenue Code of 1986 is amended by striking ‘2011’ and inserting ‘2014’.CommentsClose CommentsPermalink





(b) Extension of Increased Credit- Paragraph (6) of section 30C(e) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking ‘in taxable years beginning after December 31, 2008, and before January 1, 2011’ and inserting ‘after the date of the enactment of the Hybrid and Electric Trucks and Infrastructure Act and before January 1, 2015’; andCommentsClose CommentsPermalink





(2) by striking ‘PROPERTY PLACED IN SERVICE DURING 2009 AND 2010’ in the heading and inserting ‘CERTAIN PROPERTY PLACED IN SERVICE BEFORE 2015’.CommentsClose CommentsPermalink





(c) Definition of Alternative Fuel Vehicle Refueling Property in the Case of Electricity- Subparagraph (B) of section 179A(d)(3) of the Internal Revenue Code of 1986 is amended to read as follows:CommentsClose CommentsPermalink





‘(B) for the recharging of motor vehicles propelled by electricity, including electrical panel upgrades, wiring, conduit, trenching, pedestals, and related equipment.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 4. TAX CREDIT FOR ELECTRIFICATION TECHNOLOGIES TO REDUCE TRUCK IDLING.

(a) In General- Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 45S. IDLING REDUCTION CREDIT.

‘(a) General Rule- For purposes of section 38, the idling reduction tax credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid or incurred for the purchase and installation of each qualifying idling reduction device or qualifying idle reduction infrastructure placed in service by the taxpayer during the taxable year.CommentsClose CommentsPermalink





‘(b) Limitation- The maximum amount allowed as a credit under subsection (a) shall not exceed $3,500 per device or per qualifying infrastructure.CommentsClose CommentsPermalink





‘(c) Definitions- For purposes of subsection (a)--CommentsClose CommentsPermalink





‘(1) QUALIFYING IDLING REDUCTION DEVICE- The term ‘qualifying idling reduction device’ means any device or system of devices which--CommentsClose CommentsPermalink





‘(A) is installed on a heavy-duty diesel powered on-highway vehicle;CommentsClose CommentsPermalink





‘(B) is designed to provide to such vehicle those services (such as heat, air conditioning, or electricity) that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or remains stationary using either--CommentsClose CommentsPermalink





‘(i) an all electric unit, such as a battery powered unit or from grid-supplied electricity; orCommentsClose CommentsPermalink





‘(ii) a dual fuel unit powered by diesel or other fuels, and capable of providing such services from grid-supplied electricity or on-truck batteries alone;CommentsClose CommentsPermalink





‘(C) the original use of which commences with the taxpayer;CommentsClose CommentsPermalink





‘(D) is acquired for use by the taxpayer; andCommentsClose CommentsPermalink





‘(E) is certified by the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, 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.CommentsClose CommentsPermalink





‘(2) HEAVY-DUTY DIESEL-POWERED ON-HIGHWAY VEHICLE- The term ‘heavy-duty diesel-powered on-highway vehicle’ means any vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Highway Administration.CommentsClose CommentsPermalink





‘(3) LONG DURATION IDLING- The term ‘long duration idling’ means the operation of a main drive engine, for a period greater than 15 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.CommentsClose CommentsPermalink





‘(4) QUALIFYING IDLE REDUCTION INFRASTRUCTURE- The term ‘qualifying idle reduction infrastructure’ means off-truck equipment--CommentsClose CommentsPermalink





‘(A) which is to be used exclusively with respect to vehicles with a gross vehicle weight rating of 14,000 pounds or greater; andCommentsClose CommentsPermalink





‘(B) which either--CommentsClose CommentsPermalink





‘(i) is used to supply electric power, including electric receptacles, boxes, wiring, conduit, and other connections to one truck space; orCommentsClose CommentsPermalink





‘(ii) directly provides air conditioning, heating, electric power, and other connections and services to one truck space.CommentsClose CommentsPermalink





‘(d) No Double Benefit- For purposes of this section--CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(f) Termination- This section shall not apply to any property placed in service after December 31, 2014.’.CommentsClose CommentsPermalink





(b) Credit To Be Part of General Business Credit- Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ‘plus’ at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ‘, plus’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(37) the idling reduction tax credit determined under section 45S(a).’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45R the following new item:CommentsClose CommentsPermalink





‘Sec. 45S. Idling reduction credit.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(38) in the case of a facility with respect to which a credit was allowed under section 45S, to the extent provided in section 45S(d)(1).’.CommentsClose CommentsPermalink





(3) Section 6501(m) of such Code is amended by inserting ‘45S(e),’ after ‘45H(g),’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink





(e) Determination of Certification Standards by Secretary of Energy for Certifying Idling Reduction Devices- Not later than 6 months after the date of the enactment of this Act and in order to reduce air pollution and fuel consumption, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall publish the standards under which the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, will, for purposes of section 45S of the Internal Revenue Code of 1986 (as added by this section), certify the idling reduction devices and idling reduction infrastructure which will reduce long duration idling of vehicles at motor vehicle rest stops or other locations where such vehicles are temporarily parked or remain stationary in order to reduce air pollution and fuel consumption.CommentsClose CommentsPermalink