1     
EXTENSION OF TAX CREDITS FOR ENERGY EFFICIENT

2     
VEHICLES

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: V. Lowry Snow

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill extends tax credits for energy efficient vehicles.
11     Highlighted Provisions:
12          This bill:
13          ▸     extends tax credits for energy efficient vehicles.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          59-7-605, as last amended by Laws of Utah 2014, Chapter 125
21          59-10-1009, as last amended by Laws of Utah 2014, Chapter 125
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 59-7-605 is amended to read:
25          59-7-605. Definitions -- Tax credits related to energy efficient vehicles.
26          (1) As used in this section:
27          (a) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than

28     the standards established in bin 4 in Table S04-1, of 40 C.F.R. 86.1811-04(c)(6).
29          (b) "Board" means the Air Quality Board created under Title 19, Chapter 2, Air
30     Conservation Act.
31          (c) "Certified by the board" means that:
32          (i) a motor vehicle on which conversion equipment has been installed meets the
33     following criteria:
34          (A) before the installation of conversion equipment, the vehicle does not exceed the
35     emission cut points for a transient test driving cycle, as specified in 40 C.F.R. Part 51,
36     Appendix E to Subpart S, or an equivalent test for the make, model, and year of the vehicle;
37     and
38          (B) as a result of the installation of conversion equipment on the motor vehicle, the
39     motor vehicle has reduced emissions; or
40          (ii) special mobile equipment on which conversion equipment has been installed has
41     reduced emissions.
42          (d) "Clean fuel grant" means a grant awarded under Title 19, Chapter 1, Part 4, Clean
43     Fuels and Vehicle Technology Program Act, for reimbursement of a portion of the incremental
44     cost of an OEM vehicle or the cost of conversion equipment.
45          (e) "Conversion equipment" means equipment referred to in Subsection (2)(c) or (d).
46          (f) "OEM vehicle" has the same meaning as in Section 19-1-402.
47          (g) "Original purchase" means the purchase of a vehicle that has never been titled or
48     registered and has been driven less than 7,500 miles.
49          (h) "Qualifying electric vehicle" means a vehicle that:
50          (i) meets air quality standards;
51          (ii) is not fueled by natural gas;
52          (iii) is fueled by electricity only; and
53          (iv) is an OEM vehicle except that the vehicle is fueled by a fuel described in
54     Subsection (1)(h)(iii).
55          (i) "Qualifying plug-in hybrid vehicle" means a vehicle that:
56          (i) meets air quality standards;
57          (ii) is not fueled by natural gas or propane;
58          (iii) has a battery capacity that meets or exceeds the battery capacity described in

59     Section 30D(b)(3), Internal Revenue Code; and
60          (iv) is fueled by a combination of electricity and:
61          (A) diesel fuel;
62          (B) gasoline; or
63          (C) a mixture of gasoline and ethanol.
64          (j) "Reduced emissions" means:
65          (i) for purposes of a motor vehicle on which conversion equipment has been installed,
66     that the motor vehicle's emissions of regulated pollutants, when operating on a fuel listed in
67     Subsection (2)(d)(i) or (ii), is less than the emissions were before the installation of the
68     conversion equipment, as demonstrated by:
69          (A) certification of the conversion equipment by the federal Environmental Protection
70     Agency or by a state that has certification standards recognized by the board;
71          (B) testing the motor vehicle, before and after installation of the conversion equipment,
72     in accordance with 40 C.F.R. Part 86, Control of Emissions from New and In-use Highway
73     Vehicles and Engines, using all fuel the motor vehicle is capable of using;
74          (C) for a retrofit natural gas vehicle that is retrofit in accordance with Section
75     19-1-406, testing that as a result of the retrofit, the retrofit natural gas vehicle satisfies the
76     emission standards applicable under Section 19-1-406; or
77          (D) any other test or standard recognized by board rule, made in accordance with Title
78     63G, Chapter 3, Utah Administrative Rulemaking Act; or
79          (ii) for purposes of special mobile equipment on which conversion equipment has been
80     installed, that the special mobile equipment's emissions of regulated pollutants, when operating
81     on fuels listed in Subsection (2)(d)(i) or (ii), is less than the emissions were before the
82     installation of conversion equipment, as demonstrated by:
83          (A) certification of the conversion equipment by the federal Environmental Protection
84     Agency or by a state that has certification standards recognized by the board; or
85          (B) any other test or standard recognized by board rule, made in accordance with Title
86     63G, Chapter 3, Utah Administrative Rulemaking Act.
87          (k) "Special mobile equipment":
88          (i) means any mobile equipment or vehicle that is not designed or used primarily for
89     the transportation of persons or property; and

90          (ii) includes construction or maintenance equipment.
91          (2) For [the] taxable [year] years beginning on or after January 1, 2015, but beginning
92     on or before December 31, [2015] 2016, a taxpayer may claim a tax credit against tax
93     otherwise due under this chapter or Chapter 8, Gross Receipts Tax on Certain Corporations Not
94     Required to Pay Corporate Franchise or Income Tax Act, in an amount equal to:
95          (a) (i) for the original purchase of a new qualifying electric vehicle that is registered in
96     this state, the lesser of:
97          (A) $1,500; or
98          (B) 35% of the purchase price of the vehicle; or
99          (ii) for the original purchase of a new qualifying plug-in hybrid vehicle that is
100     registered in this state, $1,000;
101          (b) for the original purchase of a new vehicle fueled by natural gas or propane that is
102     registered in this state, the lesser of:
103          (i) $1,500; or
104          (ii) 35% of the purchase price of the vehicle;
105          (c) 50% of the cost of equipment for conversion, if certified by the board, of a motor
106     vehicle registered in this state minus the amount of any clean fuel grant received, up to a
107     maximum tax credit of $1,500 per motor vehicle, if the motor vehicle is to:
108          (i) be fueled by propane, natural gas, or electricity;
109          (ii) be fueled by other fuel the board determines annually on or before July 1 to be at
110     least as effective in reducing air pollution as fuels under Subsection (2)(c)(i); or
111          (iii) meet the federal clean-fuel vehicle standards in the federal Clean Air Act
112     Amendments of 1990, 42 U.S.C. Sec. 7521 et seq.;
113          (d) 50% of the cost of equipment for conversion, if certified by the board, of a special
114     mobile equipment engine minus the amount of any clean fuel grant received, up to a maximum
115     tax credit of $1,000 per special mobile equipment engine, if the special mobile equipment is to
116     be fueled by:
117          (i) propane, natural gas, or electricity; or
118          (ii) other fuel the board determines annually on or before July 1 to be:
119          (A) at least as effective in reducing air pollution as the fuels under Subsection (2)(d)(i);
120     or

121          (B) substantially more effective in reducing air pollution than the fuel for which the
122     engine was originally designed; and
123          (e) for a lease of a vehicle described in Subsection (2)(a) or (b), an amount equal to the
124     product of:
125          (i) the amount of tax credit the taxpayer would otherwise qualify to claim under
126     Subsection (2)(a) or (b) had the taxpayer purchased the vehicle, except that the purchase price
127     described in Subsection (2)(a)(i)(B) or (2)(b)(ii) is considered to be the value of the vehicle at
128     the beginning of the lease; and
129          (ii) a percentage calculated by:
130          (A) determining the difference between the value of the vehicle at the beginning of the
131     lease, as stated in the lease agreement, and the value of the vehicle at the end of the lease, as
132     stated in the lease agreement; and
133          (B) dividing the difference determined under Subsection (2)(e)(ii)(A) by the value of
134     the vehicle at the beginning of the lease, as stated in the lease agreement.
135          (3) (a) The board shall:
136          (i) determine the amount of tax credit a taxpayer is allowed under this section; and
137          (ii) provide the taxpayer with a written certification of the amount of tax credit the
138     taxpayer is allowed under this section.
139          (b) A taxpayer shall provide proof of the purchase or lease of an item for which a tax
140     credit is allowed under this section by:
141          (i) providing proof to the board in the form the board requires by rule;
142          (ii) receiving a written statement from the board acknowledging receipt of the proof;
143     and
144          (iii) retaining the written statement described in Subsection (3)(b)(ii).
145          (c) A taxpayer shall retain the written certification described in Subsection (3)(a)(ii).
146          (4) Except as provided by Subsection (5), the tax credit under this section is allowed
147     only:
148          (a) against a tax owed under this chapter or Chapter 8, Gross Receipts Tax on Certain
149     Corporations Not Required to Pay Corporate Franchise or Income Tax Act, in the taxable year
150     by the taxpayer;
151          (b) for the taxable year in which a vehicle described in Subsection (2)(a) or (b) is

152     purchased, a vehicle described in Subsection (2)(e) is leased, or conversion equipment
153     described in Subsection (2)(c) or (d) is installed; and
154          (c) once per vehicle.
155          (5) A taxpayer may not assign a tax credit under this section to another person.
156          (6) If the amount of a tax credit claimed by a taxpayer under this section exceeds the
157     taxpayer's tax liability under this chapter or Chapter 8, Gross Receipts Tax on Certain
158     Corporations Not Required to Pay Corporate Franchise or Income Tax Act, for a taxable year,
159     the amount of the tax credit exceeding the tax liability may be carried forward for a period that
160     does not exceed the next five taxable years.
161          (7) In accordance with any rules prescribed by the commission under Subsection (8),
162     the commission shall transfer at least annually from the General Fund into the Education Fund
163     the amount by which the amount of tax credit claimed under this section for a taxable year
164     exceeds $500,000.
165          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
166     commission may make rules for making a transfer from the General Fund into the Education
167     Fund as required by Subsection (7).
168          Section 2. Section 59-10-1009 is amended to read:
169          59-10-1009. Definitions -- Tax credits related to energy efficient vehicles.
170          (1) As used in this section:
171          (a) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than
172     the standards established in bin 4 in Table S04-1, of 40 C.F.R. 86.1811-04(c)(6).
173          (b) "Board" means the Air Quality Board created in Title 19, Chapter 2, Air
174     Conservation Act.
175          (c) "Certified by the board" means that:
176          (i) a motor vehicle on which conversion equipment has been installed meets the
177     following criteria:
178          (A) before the installation of conversion equipment, the vehicle does not exceed the
179     emission cut points for a transient test driving cycle, as specified in 40 C.F.R. Part 51,
180     Appendix E to Subpart S, or an equivalent test for the make, model, and year of the vehicle;
181     and
182          (B) as a result of the installation of conversion equipment on the motor vehicle, the

183     motor vehicle has reduced emissions; or
184          (ii) special mobile equipment on which conversion equipment has been installed has
185     reduced emissions.
186          (d) "Clean fuel grant" means a grant a claimant, estate, or trust receives under Title 19,
187     Chapter 1, Part 4, Clean Fuels and Vehicle Technology Program Act, for reimbursement of a
188     portion of the incremental cost of the OEM vehicle or the cost of conversion equipment.
189          (e) "Conversion equipment" means equipment referred to in Subsection (2)(c) or (d).
190          (f) "OEM vehicle" has the same meaning as in Section 19-1-402.
191          (g) "Original purchase" means the purchase of a vehicle that has never been titled or
192     registered and has been driven less than 7,500 miles.
193          (h) "Qualifying electric vehicle" means a vehicle that:
194          (i) meets air quality standards;
195          (ii) is not fueled by natural gas;
196          (iii) is fueled by electricity only; and
197          (iv) is an OEM vehicle except that the vehicle is fueled by a fuel described in
198     Subsection (1)(h)(iii).
199          (i) "Qualifying plug-in hybrid vehicle" means a vehicle that:
200          (i) meets air quality standards;
201          (ii) is not fueled by natural gas or propane;
202          (iii) has a battery capacity that meets or exceeds the battery capacity described in
203     Section 30D(b)(3), Internal Revenue Code; and
204          (iv) is fueled by a combination of electricity and:
205          (A) diesel fuel;
206          (B) gasoline; or
207          (C) a mixture of gasoline and ethanol.
208          (j) "Reduced emissions" means:
209          (i) for purposes of a motor vehicle on which conversion equipment has been installed,
210     that the motor vehicle's emissions of regulated pollutants, when operating on a fuel listed in
211     Subsection (2)(d)(i) or (ii), is less than the emissions were before the installation of the
212     conversion equipment, as demonstrated by:
213          (A) certification of the conversion equipment by the federal Environmental Protection

214     Agency or by a state that has certification standards recognized by the board;
215          (B) testing the motor vehicle, before and after installation of the conversion equipment,
216     in accordance with 40 C.F.R. Part 86, Control of Emissions from New and In-use Highway
217     Vehicles and Engines, using all fuel the motor vehicle is capable of using;
218          (C) for a retrofit natural gas vehicle that is retrofit in accordance with Section
219     19-1-406, testing that as a result of the retrofit, the retrofit natural gas vehicle satisfies the
220     emission standards applicable under Section 19-1-406; or
221          (D) any other test or standard recognized by board rule, made in accordance with Title
222     63G, Chapter 3, Utah Administrative Rulemaking Act; or
223          (ii) for purposes of special mobile equipment on which conversion equipment has been
224     installed, that the special mobile equipment's emissions of regulated pollutants, when operating
225     on fuels listed in Subsection (2)(d)(i) or (ii), is less than the emissions were before the
226     installation of conversion equipment, as demonstrated by:
227          (A) certification of the conversion equipment by the federal Environmental Protection
228     Agency or by a state that has certification standards recognized by the board; or
229          (B) any other test or standard recognized by board rule, made in accordance with Title
230     63G, Chapter 3, Utah Administrative Rulemaking Act.
231          (k) "Special mobile equipment":
232          (i) means any mobile equipment or vehicle not designed or used primarily for the
233     transportation of persons or property; and
234          (ii) includes construction or maintenance equipment.
235          (2) For [the] taxable [year] years beginning on or after January 1, 2015, but beginning
236     on or before December 31, [2015] 2016, a claimant, estate, or trust may claim a nonrefundable
237     tax credit against tax otherwise due under this chapter in an amount equal to:
238          (a) (i) for the original purchase of a new qualifying electric vehicle that is registered in
239     this state, the lesser of:
240          (A) $1,500; or
241          (B) 35% of the purchase price of the vehicle; or
242          (ii) for the original purchase of a new qualifying plug-in hybrid vehicle that is
243     registered in this state, $1,000;
244          (b) for the original purchase of a new vehicle fueled by natural gas or propane that is

245     registered in this state, the lesser of:
246          (i) $1,500; or
247          (ii) 35% of the purchase price of the vehicle;
248          (c) 50% of the cost of equipment for conversion, if certified by the board, of a motor
249     vehicle registered in this state minus the amount of any clean fuel conversion grant received, up
250     to a maximum tax credit of $1,500 per vehicle, if the motor vehicle:
251          (i) is to be fueled by propane, natural gas, or electricity;
252          (ii) is to be fueled by other fuel the board determines annually on or before July 1 to be
253     at least as effective in reducing air pollution as fuels under Subsection (2)(c)(i); or
254          (iii) will meet the federal clean fuel vehicle standards in the federal Clean Air Act
255     Amendments of 1990, 42 U.S.C. Sec. 7521 et seq.;
256          (d) 50% of the cost of equipment for conversion, if certified by the board, of a special
257     mobile equipment engine minus the amount of any clean fuel conversion grant received, up to a
258     maximum tax credit of $1,000 per special mobile equipment engine, if the special mobile
259     equipment is to be fueled by:
260          (i) propane, natural gas, or electricity; or
261          (ii) other fuel the board determines annually on or before July 1 to be:
262          (A) at least as effective in reducing air pollution as the fuels under Subsection (2)(d)(i);
263     or
264          (B) substantially more effective in reducing air pollution than the fuel for which the
265     engine was originally designed; and
266          (e) for a lease of a vehicle described in Subsection (2)(a) or (b), an amount equal to the
267     product of:
268          (i) the amount of tax credit the claimant, estate, or trust would otherwise qualify to
269     claim under Subsection (2)(a) or (b) had the claimant, estate, or trust purchased the vehicle,
270     except that the purchase price described in Subsection (2)(a)(i)(B) or (2)(b)(ii) is considered to
271     be the value of the vehicle at the beginning of the lease; and
272          (ii) a percentage calculated by:
273          (A) determining the difference between the value of the vehicle at the beginning of the
274     lease, as stated in the lease agreement, and the value of the vehicle at the end of the lease, as
275     stated in the lease agreement; and

276          (B) dividing the difference determined under Subsection (2)(e)(ii)(A) by the value of
277     the vehicle at the beginning of the lease, as stated in the lease agreement.
278          (3) (a) The board shall:
279          (i) determine the amount of tax credit a claimant, estate, or trust is allowed under this
280     section; and
281          (ii) provide the claimant, estate, or trust with a written certification of the amount of
282     tax credit the claimant, estate, or trust is allowed under this section.
283          (b) A claimant, estate, or trust shall provide proof of the purchase or lease of an item
284     for which a tax credit is allowed under this section by:
285          (i) providing proof to the board in the form the board requires by rule;
286          (ii) receiving a written statement from the board acknowledging receipt of the proof;
287     and
288          (iii) retaining the written statement described in Subsection (3)(b)(ii).
289          (c) A claimant, estate, or trust shall retain the written certification described in
290     Subsection (3)(a)(ii).
291          (4) Except as provided by Subsection (5), the tax credit under this section is allowed
292     only:
293          (a) against a tax owed under this chapter in the taxable year by the claimant, estate, or
294     trust;
295          (b) for the taxable year in which a vehicle described in Subsection (2)(a) or (b) is
296     purchased, a vehicle described in Subsection (2)(e) is leased, or conversion equipment
297     described in Subsection (2)(c) or (d) is installed; and
298          (c) once per vehicle.
299          (5) A claimant, estate, or trust may not assign a tax credit under this section to another
300     person.
301          (6) If the amount of a tax credit claimed by a claimant, estate, or trust under this
302     section exceeds the claimant's, estate's, or trust's tax liability under this chapter for a taxable
303     year, the amount of the tax credit exceeding the tax liability may be carried forward for a period
304     that does not exceed the next five taxable years.
305          (7) In accordance with any rules prescribed by the commission under Subsection (8),
306     the commission shall transfer at least annually from the General Fund into the Education Fund

307     the amount by which the amount of tax credit claimed under this section for a taxable year
308     exceeds $500,000.
309          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
310     commission may make rules for making a transfer from the General Fund into the Education
311     Fund as required by Subsection (7).






Legislative Review Note
     as of 12-8-14 3:52 PM


Office of Legislative Research and General Counsel