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7 LONG TITLE
8 General Description:
9 This bill provides a tax credit for the purchase of certain low emissions heavy
10 equipment.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ provides a corporate and an individual nonrefundable tax credit for the purchase of
15 certain low emissions heavy equipment;
16 ▸ requires the director of the Division of Air Quality to provide an annual report
17 regarding the tax credits;
18 ▸ provides a sunset date for the tax credits and grant; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides retrospective operation.
24 Utah Code Sections Affected:
25 AMENDS:
26 19-2-107, as last amended by Laws of Utah 2018, Chapter 281
27 59-7-618.1, as enacted by Laws of Utah 2021, Chapter 371
28 59-10-1033.1, as enacted by Laws of Utah 2021, Chapter 371
29 63I-1-219, as last amended by Laws of Utah 2021, Chapter 69
30 63I-1-259, as last amended by Laws of Utah 2021, Chapters 64 and 371
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 19-2-107 is amended to read:
34 19-2-107. Director -- Appointment -- Powers.
35 (1) The executive director shall appoint the director. The director shall serve under the
36 administrative direction of the executive director.
37 (2) (a) The director shall:
38 (i) prepare and develop comprehensive plans for the prevention, abatement, and control
39 of air pollution in Utah;
40 (ii) advise, consult, and cooperate with other agencies of the state, the federal
41 government, other states and interstate agencies, and affected groups, political subdivisions,
42 and industries in furtherance of the purposes of this chapter;
43 (iii) review plans, specifications, or other data relative to air pollution control
44 equipment or any part of the air pollution control equipment;
45 (iv) under the direction of the executive director, represent the state in all matters
46 relating to interstate air pollution, including interstate compacts and similar agreements;
47 (v) secure necessary scientific, technical, administrative, and operational services,
48 including laboratory facilities, by contract or otherwise;
49 (vi) encourage voluntary cooperation by persons and affected groups to achieve the
50 purposes of this chapter;
51 (vii) encourage local units of government to handle air pollution within their respective
52 jurisdictions on a cooperative basis and provide technical and consulting assistance to them;
53 (viii) determine by means of field studies and sampling the degree of air contamination
54 and air pollution in all parts of the state;
55 (ix) monitor the effects of the emission of air pollutants from motor vehicles on the
56 quality of the outdoor atmosphere in all parts of Utah and take appropriate responsive action;
57 (x) collect and disseminate information relating to air contamination and air pollution
58 and conduct educational and training programs relating to air contamination and air pollution;
59 (xi) assess and collect noncompliance penalties as required in Section 120 of the
60 federal Clean Air Act, 42 U.S.C. Section 7420;
61 (xii) comply with the requirements of federal air pollution laws;
62 (xiii) subject to the provisions of this chapter, enforce rules through the issuance of
63 orders, including:
64 (A) prohibiting or abating discharges of wastes affecting ambient air;
65 (B) requiring the construction of new control facilities or any parts of new control
66 facilities or the modification, extension, or alteration of existing control facilities or any parts
67 of new control facilities; or
68 (C) adopting other remedial measures to prevent, control, or abate air pollution; [
69 (xiv) as authorized by the board and subject to the provisions of this chapter, act as
70 executive secretary of the board under the direction of the chairman of the board[
71 (xv) beginning in 2023, annually submit before October 1 a written report to the
72 Revenue and Taxation Interim Committee regarding the tax credits available under Sections
73 59-7-618.1 and 59-10-1033.1, including:
74 (A) the total value of the tax credit certificates the director issued during the preceding
75 year;
76 (B) the best available control technology standard; and
77 (C) any legislative recommendations.
78 (b) The director may:
79 (i) employ full-time, temporary, part-time, and contract employees necessary to carry
80 out this chapter;
81 (ii) subject to the provisions of this chapter, authorize an employee or representative of
82 the department to enter at reasonable times and upon reasonable notice in or upon public or
83 private property for the purposes of inspecting and investigating conditions and plant records
84 concerning possible air pollution;
85 (iii) encourage, participate in, or conduct studies, investigations, research, and
86 demonstrations relating to air pollution and its causes, effects, prevention, abatement, and
87 control, as advisable and necessary for the discharge of duties assigned under this chapter,
88 including the establishment of inventories of pollution sources;
89 (iv) collect and disseminate information relating to air pollution and the prevention,
90 control, and abatement of it;
91 (v) cooperate with studies and research relating to air pollution and its control,
92 abatement, and prevention;
93 (vi) subject to Subsection (3), upon request, consult concerning the following with a
94 person proposing to construct, install, or otherwise acquire an air pollutant source in Utah:
95 (A) the efficacy of proposed air pollution control equipment for the source; or
96 (B) the air pollution problem that may be related to the source;
97 (vii) accept, receive, and administer grants or other funds or gifts from public and
98 private agencies, including the federal government, for the purpose of carrying out any of the
99 functions of this chapter;
100 (viii) subject to Subsection 19-2-104(3)(b)(i), settle or compromise a civil action
101 initiated by the division to compel compliance with this chapter or the rules made under this
102 chapter; or
103 (ix) subject to the provisions of this chapter, exercise all incidental powers necessary to
104 carry out the purposes of this chapter, including certification to state or federal authorities for
105 tax purposes that air pollution control equipment has been certified in conformity with Title 19,
106 Chapter 12, Pollution Control Act.
107 (3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the
108 requirements of this chapter, the rules adopted under this chapter, or any other provision of
109 law.
110 Section 2. Section 59-7-618.1 is amended to read:
111 59-7-618.1. Clean air heavy equipment tax credit.
112 (1) As used in this section:
113 (a) "Best available control technology standard" means an emissions limitation that:
114 (i) is based on the maximum degree of reduction that is achievable for each pollutant,
115 taking into account energy, environmental, and economic impacts and other costs;
116 (ii) exceeds the most stringent applicable emissions standard adopted by the United
117 States Environmental Protection Agency; and
118 (iii) is established annually by board rule made in accordance with Title 63G, Chapter
119 3, Utah Administrative Rulemaking Act.
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121 Conservation Act.
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123 Section 19-2-107.
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131 (d) (i) "Heavy equipment" means:
132 (A) self-propelled, self-powered, or pull-type equipment or machinery used primarily
133 for commercial or industrial purposes; or
134 (B) an engine used for equipment or machinery described in Subsection (1)(d)(i)(A).
135 (ii) "Heavy equipment" does not include a category 1 or 2 vehicle, as categorized
136 according to the vehicle classifications established by the Federal Highway Administration.
137 (e) "Qualified heavy equipment" means heavy equipment that satisfies the best
138 available control technology standard.
139 (f) "Qualified purchase" means the purchase of [
140 qualified heavy equipment that:
141 (i) has never been titled or registered; or
142 (ii) if the heavy equipment is not required to be titled or registered, was not previously
143 sold to another end user.
144 (g) "Qualified taxpayer" means a taxpayer that:
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146 (i) makes a qualified purchase; and
147 (ii) receives a tax credit certificate from the director.
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151 a taxpayer is entitled to a tax credit as provided in this section and stating the amount of the tax
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193 (2) For a taxable year beginning on or after January 1, 2022, and before January 1,
194 2031, a qualified taxpayer may claim a nonrefundable tax credit against tax otherwise due
195 under this chapter or Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
196 Pay Corporate Franchise or Income Tax Act:
197 (a) in an amount equal to 20% of the purchase price of a qualified purchase; and
198 (b) if the qualified taxpayer certifies under oath that:
199 (i) the qualified heavy equipment will be used in the state; or
200 (ii) if the qualified equipment is a motor vehicle as defined in Section 41-1a-102, over
201 50% of the miles that the qualified heavy equipment will travel annually will be within the
202 state.
203 (3) The aggregate annual total amount of tax credits represented by tax credit
204 certificates that the director issues under this section and Section 59-10-1033.1 may not exceed
205 $500,000.
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207 forms the board requires by rule:
208 (A) submit to the director an application for a tax credit;
209 (B) provide the director proof of a qualified purchase, including the purchase price; and
210 (C) submit to the director the certification under oath required under Subsection (2)(b).
211 (ii) Upon receiving the application, proof, and certification required under Subsection
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213 acknowledging receipt of the proof.
214 (b) If the director determines that a taxpayer qualifies for a tax credit under this section,
215 the director shall:
216 (i) determine the amount of tax credit the taxpayer is allowed under this section; and
217 (ii) provide the taxpayer with a written tax credit certificate:
218 (A) stating that the taxpayer has qualified for a tax credit; and
219 (B) showing the amount of tax credit for which the taxpayer has qualified under this
220 section.
221 (c) A qualified taxpayer shall retain the tax credit certificate.
222 (d) The director shall at least annually submit to the commission a list of all qualified
223 taxpayers to which the director has issued a tax credit certificate and the amount of each tax
224 credit represented by the tax credit certificates.
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226 (a) against a tax owed under this chapter or Chapter 8, Gross Receipts Tax on Certain
227 Corporations Not Required to Pay Corporate Franchise or Income Tax Act, in the taxable year
228 by the qualified taxpayer;
229 (b) for the taxable year in which the qualified purchase occurs; and
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232 under this section to another person.
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234 allows a tax credit in an amount that exceeds the qualified taxpayer's tax liability under this
235 chapter or Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay
236 Corporate Franchise or Income Tax Act, for a taxable year, the qualified taxpayer may carry
237 forward the amount of the tax credit that exceeds the tax liability for a period that does not
238 exceed the next five taxable years.
239 Section 3. Section 59-10-1033.1 is amended to read:
240 59-10-1033.1. Clean air heavy equipment tax credit.
241 (1) As used in this section:
242 (a) "Best available control technology standard" means an emissions limitation that:
243 (i) is based on the maximum degree of reduction that is achievable for each pollutant,
244 taking into account energy, environmental, and economic impacts and other costs;
245 (ii) exceeds the most stringent applicable emissions standard adopted by the United
246 States Environmental Protection Agency; and
247 (iii) is established annually by board rule made in accordance with Title 63G, Chapter
248 3, Utah Administrative Rulemaking Act.
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250 Conservation Act.
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252 Section 19-2-107.
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260 (d) (i) "Heavy equipment" means:
261 (A) self-propelled, self-powered, or pull-type equipment or machinery used primarily
262 for commercial or industrial purposes; or
263 (B) an engine used for equipment or machinery described in Subsection (1)(d)(i)(A).
264 (ii) "Heavy equipment" does not include a category 1 or 2 vehicle, as categorized
265 according to the vehicle classifications established by the Federal Highway Administration.
266 (e) "Qualified heavy equipment" means heavy equipment that satisfies the best
267 available control technology standard.
268 (f) "Qualified purchase" means the purchase of [
269 qualified heavy equipment that:
270 (i) has never been titled or registered; or
271 (ii) if the heavy equipment is not required to be titled or registered, was not previously
272 sold to another end user.
273 (g) "Qualified taxpayer" means a claimant, estate, or trust that:
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275 (i) makes a qualified purchase; and
276 (ii) receives a tax credit certificate from the director.
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280 a claimant, estate, or trust is entitled to a tax credit as provided in this section and stating the
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324 (2) For a taxable year beginning on or after January 1, 2022, and before January 1,
325 2031, a qualified taxpayer may claim a nonrefundable tax credit against tax otherwise due
326 under this chapter:
327 (a) in an amount equal to 20% of the purchase price of a qualified purchase; and
328 (b) if the qualified taxpayer certifies under oath that:
329 (i) the qualified heavy equipment will be used in the state; or
330 (ii) if the qualified equipment is a motor vehicle as defined in Section 41-1a-102, over
331 50% of the miles that the qualified heavy equipment will travel annually will be within the
332 state.
333 (3) The aggregate annual total amount of tax credits represented by tax credit
334 certificates that the director issues under this section and Section 59-7-618.1 may not exceed
335 $500,000.
336 [
337 section shall, using forms the board requires by rule:
338 (A) submit to the director an application for a tax credit;
339 (B) provide the director proof of a qualified purchase, including the purchase price; and
340 (C) submit to the director the certification under oath required under Subsection (2)(b).
341 (ii) Upon receiving the application, proof, and certification required under Subsection
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343 the director acknowledging receipt of the proof.
344 (b) If the director determines that a claimant, estate, or trust qualifies for a tax credit
345 under this section, the director shall:
346 (i) determine the amount of tax credit the claimant, estate, or trust is allowed under this
347 section; and
348 (ii) provide the claimant, estate, or trust with a written tax credit certificate:
349 (A) stating that the claimant, estate, or trust has qualified for a tax credit; and
350 (B) showing the amount of tax credit for which the claimant, estate, or trust has
351 qualified under this section.
352 (c) A qualified taxpayer shall retain the tax credit certificate.
353 (d) The director shall at least annually submit to the commission a list of all qualified
354 taxpayers to which the director has issued a tax credit certificate and the amount of each tax
355 credit represented by the tax credit certificates.
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357 (a) against a tax owed under this chapter in the taxable year by the qualified taxpayer;
358 (b) for the taxable year in which the qualified purchase occurs; and
359 (c) [
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361 under this section to another person.
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363 allows a tax credit in an amount that exceeds the qualified taxpayer's tax liability under this
364 chapter for a taxable year, the qualified taxpayer may carry forward the amount of the tax credit
365 that exceeds the tax liability for a period that does not exceed the next five taxable years.
366 Section 4. Section 63I-1-219 is amended to read:
367 63I-1-219. Repeal dates, Title 19.
368 (1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
369 (2) Subsection 19-2-107(2)(a)(xv), which describes an annual report to the Revenue
370 and Taxation Interim Committee, is repealed January 1, 2031.
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376 2029.
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378 July 1, 2030.
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380 2028.
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382 2026.
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384 2029.
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386 2030.
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388 1, 2027.
389 Section 5. Section 63I-1-259 is amended to read:
390 63I-1-259. Repeal dates, Title 59.
391 (1) Section 59-1-213.1 is repealed on May 9, 2024.
392 (2) Section 59-1-213.2 is repealed on May 9, 2024.
393 (3) Subsection 59-1-405(1)(g) is repealed on May 9, 2024.
394 (4) Subsection 59-1-405(2)(b) is repealed on May 9, 2024.
395 (5) Section 59-7-618.1 is repealed July 1, [
396 (6) Section 59-9-102.5 is repealed December 31, 2030.
397 (7) Section 59-10-1033.1 is repealed July 1, [
398 (8) Title 59, Chapter 28, State Transient Room Tax Act, is repealed on January 1,
399 2023.
400 Section 6. Retrospective operation.
401 This bill has retrospective operation for a taxable year beginning on or after January 1,
402 2022.