This document includes House Floor Amendments incorporated into the bill on Fri, Feb 28, 2020 at 2:57 PM by naomigarrow.
1     
TAX CREDIT FOR ALTERNATIVE FUEL HEAVY DUTY

2     
VEHICLES

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Andrew Stoddard

6     
Senate Sponsor: Lincoln Fillmore

7     

8     LONG TITLE
9     Committee Note:
10          The Revenue and Taxation Interim Committee recommended this bill.
11               Legislative Vote:     15 voting for     0 voting against     4 absent
12     General Description:
13          This bill addresses the tax credit related to certain alternative fuel heavy duty vehicles.
14     Highlighted Provisions:
15          This bill:
16          ▸     extends the availability of the income tax credit related to certain alternative fuel
17     heavy duty vehicles; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          59-7-618, as last amended by Laws of Utah 2017, Chapter 265
26          59-10-1033, as last amended by Laws of Utah 2017, Chapter 265
27          63I-1-259, as last amended by Laws of Utah 2019, Chapters 29 and 479

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 59-7-618 is amended to read:
31          59-7-618. Tax credit related to alternative fuel heavy duty vehicles.
32          (1) As used in this section:
33          (a) "Board" means the Air Quality Board created under Title 19, Chapter 2, Air
34     Conservation Act.
35          (b) "Director" means the director of the Division of Air Quality appointed under
36     Section 19-2-107.
37          (c) "Heavy duty vehicle" means a commercial category 7 or 8 vehicle, according to
38     vehicle classifications established by the Federal Highway Administration.
39          (d) "Natural gas" includes compressed natural gas and liquified natural gas.
40          (e) "Qualified heavy duty vehicle" means a heavy duty vehicle that:
41          (i) has never been titled or registered and has been driven less than 7,500 miles; and
42          (ii) is fueled by natural gas , has a 100% electric drivetrain, or has a hydrogen-electric
43     drivetrain .
44          (f) "Qualified purchase" means the purchase of a qualified heavy duty vehicle.
45          (g) "Qualified taxpayer" means a taxpayer that:
46          (i) purchases a qualified heavy duty vehicle; and
47          (ii) receives a tax credit certificate from the director.
48          (h) "Small fleet" means 40 or fewer heavy duty vehicles registered in the state and
49     owned by a single taxpayer.
50          (i) "Tax credit certificate" means a certificate issued by the director certifying that a
51     taxpayer is entitled to a tax credit as provided in this section and stating the amount of the tax
52     credit.
53          (2) A qualified taxpayer may claim a nonrefundable tax credit against tax otherwise
54     due under this chapter or Chapter 8, Gross Receipts Tax on Certain Corporations Not Required
55     to Pay Corporate Franchise or Income Tax Act:
56          (a) in an amount equal to:
57          [(i) $25,000, if the qualified purchase of a natural gas heavy duty vehicle occurs during
58     calendar year 2015 or calendar year 2016;]

59          [(ii) $25,000, if the qualified purchase occurs during calendar year 2017;]
60          [(iii) $20,000, if the qualified purchase occurs during calendar year 2018;]
61          [(iv) $18,000, if the qualified purchase occurs during calendar year 2019; and]
62          [(v)] (i) $15,000, if the qualified purchase occurs during calendar year 2020; [and]
63          (ii) $13,500, if the qualified purchase occurs during calendar year 2021;
64          (iii) $12,000, if the qualified purchase occurs during calendar year 2022;
65          (iv) $10,500, if the qualified purchase occurs during calendar year 2023;
66          (v) $9,000, if the qualified purchase occurs during calendar year 2024;
67          (vi) $7,500, if the qualified purchase occurs during calendar year 2025;
68          (vii) $6,000, if the qualified purchase occurs during calendar year 2026;
69          (viii) $4,500, if the qualified purchase occurs during calendar year 2027;
70          (ix) $3,000, if the qualified purchase occurs during calendar year 2028; and
71          (x) $1,500, if the qualified purchase occurs during calendar year 2029; and
72          (b) if the qualified taxpayer certifies under oath that over 50% of the miles that the
73     heavy duty vehicle that is the subject of the qualified purchase will travel annually will be
74     within the state.
75          (3) (a) Except as provided in Subsection (3)(b), a taxpayer may not submit an
76     application for, and the director may not issue to the taxpayer, a tax credit certificate under this
77     section in any taxable year for a qualified purchase if the director has already issued tax credit
78     certificates to the taxpayer for 10 qualified purchases in the same taxable year.
79          (b) If, by May 1 of any year, more than 30% of the aggregate annual total amount of
80     tax credits under Subsection (5) has not been claimed, a taxpayer may submit an application
81     for, and the director may issue to the taxpayer, one or more tax credit certificates for up to eight
82     additional qualified purchases, even if the director has already issued to that taxpayer tax credit
83     certificates for the maximum number of qualified purchases allowed under Subsection (3)(a).
84          (4) (a) Subject to Subsection (4)(b), the director shall reserve 25% of all tax credits
85     available under this section for qualified taxpayers with a small fleet.
86          (b) Subsection (4)(a) does not prevent a taxpayer from submitting an application for, or
87     the director from issuing, a tax credit certificate if, before October 1, qualified taxpayers with a
88     small fleet have not reserved under Subsection (5)(b) tax credits for the full amount reserved
89     under Subsection (4)(a).

90          (5) (a) The aggregate annual total amount of tax credits represented by tax credit
91     certificates that the director issues under this section and Section 59-10-1033 may not exceed
92     $500,000.
93          (b) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
94     Rulemaking Act, make rules to establish a process under which a taxpayer may reserve a
95     potential tax credit under this section for a limited time to allow the taxpayer to make a
96     qualified purchase with the assurance that the aggregate limit under Subsection (5)(a) will not
97     be met before the taxpayer is able to submit an application for a tax credit certificate.
98          (6) (a) (i) A taxpayer wishing to claim a tax credit under this section shall, using forms
99     the board requires by rule:
100          (A) submit to the director an application for a tax credit;
101          (B) provide the director proof of a qualified purchase; and
102          (C) submit to the director the certification under oath required under Subsection (2)(b).
103          (ii) Upon receiving the application, proof, and certification required under Subsection
104     (6)(a)(i), the director shall provide the taxpayer a written statement from the director
105     acknowledging receipt of the proof.
106          (b) If the director determines that a taxpayer qualifies for a tax credit under this section,
107     the director shall:
108          (i) determine the amount of tax credit the taxpayer is allowed under this section; and
109          (ii) provide the taxpayer with a written tax credit certificate:
110          (A) stating that the taxpayer has qualified for a tax credit; and
111          (B) showing the amount of tax credit for which the taxpayer has qualified under this
112     section.
113          (c) A qualified taxpayer shall retain the tax credit certificate.
114          (d) The director shall at least annually submit to the commission a list of all qualified
115     taxpayers to which the director has issued a tax credit certificate and the amount of each tax
116     credit represented by the tax credit certificates.
117          (7) The tax credit under this section is allowed only:
118          (a) against a tax owed under this chapter or Chapter 8, Gross Receipts Tax on Certain
119     Corporations Not Required to Pay Corporate Franchise or Income Tax Act, in the taxable year
120     by the qualified taxpayer;

121          (b) for the taxable year in which the qualified purchase occurs; and
122          (c) once per vehicle.
123          (8) A qualified taxpayer may not assign a tax credit or a tax credit certificate under this
124     section to another person.
125          (9) If the qualified taxpayer receives a tax credit certificate under this section that
126     allows a tax credit in an amount that exceeds the qualified taxpayer's tax liability under this
127     chapter or Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay
128     Corporate Franchise or Income Tax Act, for a taxable year, the qualified taxpayer may carry
129     forward the amount of the tax credit that exceeds the tax liability for a period that does not
130     exceed the next five taxable years.
131          Ĥ→ [
(10) (a) In accordance with any rules prescribed by the commission under Subsection
132     (10)(b), the Division of Finance shall transfer at least annually from the General Fund into the
133     Education Fund the aggregate amount of all tax credits claimed under this section.
134          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
135     commission may make rules for making a transfer from the General Fund into the Education
136     Fund as required by Subsection (10)(a).
] ←Ĥ

137          Section 2. Section 59-10-1033 is amended to read:
138          59-10-1033. Tax credit related to alternative fuel heavy duty vehicles.
139          (1) As used in this section:
140          (a) "Board" means the Air Quality Board created under Title 19, Chapter 2, Air
141     Conservation Act.
142          (b) "Director" means the director of the Division of Air Quality appointed under
143     Section 19-2-107.
144          (c) "Heavy duty vehicle" means a commercial category 7 or 8 vehicle, according to
145     vehicle classifications established by the Federal Highway Administration.
146          (d) "Natural gas" includes compressed natural gas and liquified natural gas.
147          (e) "Qualified heavy duty vehicle" means a heavy duty vehicle that:
148          (i) has never been titled or registered and has been driven less than 7,500 miles; and
149          (ii) is fueled by natural gas , has a 100% electric drivetrain, or has a hydrogen-electric
150     drivetrain.
151          (f) "Qualified purchase" means the purchase of a qualified heavy duty vehicle.

152          (g) "Qualified taxpayer" means a claimant, estate, or trust that:
153          (i) purchases a qualified heavy duty vehicle; and
154          (ii) receives a tax credit certificate from the director.
155          (h) "Small fleet" means 40 or fewer heavy duty vehicles registered in the state and
156     owned by a single claimant, estate, or trust.
157          (i) "Tax credit certificate" means a certificate issued by the director certifying that a
158     claimant, estate, or trust is entitled to a tax credit as provided in this section and stating the
159     amount of the tax credit.
160          (2) A qualified taxpayer may claim a nonrefundable tax credit against tax otherwise
161     due under this chapter:
162          (a) in an amount equal to:
163          [(i) $25,000, if the qualified purchase of a natural gas heavy duty vehicle occurs during
164     calendar year 2015 or calendar year 2016;]
165          [(ii) $25,000, if the qualified purchase occurs during calendar year 2017;]
166          [(iii) $20,000, if the qualified purchase occurs during calendar year 2018;]
167          [(iv) $18,000, if the qualified purchase occurs during calendar year 2019; and]
168          [(v)] (i) $15,000, if the qualified purchase occurs during calendar year 2020; [and]
169          (ii) $13,500, if the qualified purchase occurs during calendar year 2021;
170          (iii) $12,000, if the qualified purchase occurs during calendar year 2022;
171          (iv) $10,500, if the qualified purchase occurs during calendar year 2023;
172          (v) $9,000, if the qualified purchase occurs during calendar year 2024;
173          (vi) $7,500, if the qualified purchase occurs during calendar year 2025;
174          (vii) $6,000, if the qualified purchase occurs during calendar year 2026;
175          (viii) $4,500, if the qualified purchase occurs during calendar year 2027;
176          (ix) $3,000, if the qualified purchase occurs during calendar year 2028; and
177          (x) $1,500, if the qualified purchase occurs during calendar year 2029; and
178          (b) if the qualified taxpayer certifies under oath that over 50% of the miles that the
179     heavy duty vehicle that is the subject of the qualified purchase will travel annually will be
180     within the state.
181          (3) (a) Except as provided in Subsection (3)(b), a claimant, estate, or trust may not
182     submit an application for, and the director may not issue to the claimant, estate, or trust, a tax

183     credit certificate under this section in any taxable year for a qualified purchase if the director
184     has already issued tax credit certificates to the claimant, estate, or trust for 10 qualified
185     purchases in the same taxable year.
186          (b) If, by May 1 of any year, more than 30% of the aggregate annual total amount of
187     tax credits under Subsection (5) has not been claimed, a claimant, estate, or trust may submit
188     an application for, and the director may issue to the claimant, estate, or trust, one or more tax
189     credit certificates for up to eight additional qualified purchases, even if the director has already
190     issued to that claimant, estate, or trust tax credit certificates for the maximum number of
191     qualified purchases allowed under Subsection (3)(a).
192          (4) (a) Subject to Subsection (4)(b), the director shall reserve 25% of all tax credits
193     available under this section for qualified taxpayers with a small fleet.
194          (b) Subsection (4)(a) does not prevent a claimant, estate, or trust from submitting an
195     application for, or the director from issuing, a tax credit certificate if, before October 1,
196     qualified taxpayers with a small fleet have not reserved under Subsection (5)(b) tax credits for
197     the full amount reserved under Subsection (4)(a).
198          (5) (a) The aggregate annual total amount of tax credits represented by tax credit
199     certificates that the director issues under this section and Section 59-7-618 may not exceed
200     $500,000.
201          (b) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
202     Rulemaking Act, make rules to establish a process under which a claimant, estate, or trust may
203     reserve a potential tax credit under this section for a limited time to allow the claimant, estate,
204     or trust to make a qualified purchase with the assurance that the aggregate limit under
205     Subsection (5)(a) will not be met before the claimant, estate, or trust is able to submit an
206     application for a tax credit certificate.
207          (6) (a) (i) A claimant, estate, or trust wishing to claim a tax credit under this section
208     shall, using forms the board requires by rule:
209          (A) submit to the director an application for a tax credit;
210          (B) provide the director proof of a qualified purchase; and
211          (C) submit to the director the certification under oath required under Subsection (2)(b).
212          (ii) Upon receiving the application, proof, and certification required under Subsection
213     (6)(a)(i), the director shall provide the claimant, estate, or trust a written statement from the

214     director acknowledging receipt of the proof.
215          (b) If the director determines that a claimant, estate, or trust qualifies for a tax credit
216     under this section, the director shall:
217          (i) determine the amount of tax credit the claimant, estate, or trust is allowed under this
218     section; and
219          (ii) provide the claimant, estate, or trust with a written tax credit certificate:
220          (A) stating that the claimant, estate, or trust has qualified for a tax credit; and
221          (B) showing the amount of tax credit for which the claimant, estate, or trust has
222     qualified under this section.
223          (c) A qualified taxpayer shall retain the tax credit certificate.
224          (d) The director shall at least annually submit to the commission a list of all qualified
225     taxpayers to which the director has issued a tax credit certificate and the amount of each tax
226     credit represented by the tax credit certificates.
227          (7) The tax credit under this section is allowed only:
228          (a) against a tax owed under this chapter in the taxable year by the qualified taxpayer;
229          (b) for the taxable year in which the qualified purchase occurs; and
230          (c) once per vehicle.
231          (8) A qualified taxpayer may not assign a tax credit or a tax credit certificate under this
232     section to another person.
233          (9) If the qualified taxpayer receives a tax credit certificate under this section that
234     allows a tax credit in an amount that exceeds the qualified taxpayer's tax liability under this
235     chapter for a taxable year, the qualified taxpayer may carry forward the amount of the tax credit
236     that exceeds the tax liability for a period that does not exceed the next five taxable years.
237          Ĥ→ [
(10) (a) In accordance with any rules prescribed by the commission under Subsection
238     (10)(b), the Division of Finance shall transfer at least annually from the General Fund into the
239     Education Fund the aggregate amount of all tax credits claimed under this section.
240          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
241     commission may make rules for making a transfer from the General Fund into the Education
242     Fund as required by Subsection (10)(a).
] ←Ĥ

243          Section 3. Section 63I-1-259 is amended to read:
244          63I-1-259. Repeal dates, Title 59.

245          (1) Section 59-1-213.1 is repealed on May 9, 2024.
246          (2) Section 59-1-213.2 is repealed on May 9, 2024.
247          (3) Subsection 59-1-405(1)(g) is repealed on May 9, 2024.
248          (4) Subsection 59-1-405(2)(b) is repealed on May 9, 2024.
249          (5) Section 59-7-618 is repealed July 1, [2020] 2029.
250          (6) Section 59-9-102.5 is repealed December 31, 2020.
251          (7) Section 59-10-1033 is repealed July 1, [2020] 2029.
252          (8) Subsection 59-12-2219(13), which addresses new revenue supplanting existing
253     allocations, is repealed on June 30, 2020.
254          (9) Title 59, Chapter 28, State Transient Room Tax Act, is repealed on January 1,
255     2023.