HR 6 EAS1S/PP
U.S.C. 901 et seq.), as in effect on the date of the
1
enactment of the Energy Tax Incentives Act of
2
2003.
3
‘‘(D) C
REDIT NOT INCOME
.—Any transfer
4
under subparagraph (B) or use under subpara-
5
graph (C) of any credit to which subparagraph
6
(A)(i) applies shall not be treated as income for
7
purposes of section 501(c)(12).
8
‘‘(E) T
REATMENT
OF
UNRELATED
PER
-
9
SONS
.—For purposes of subsection (a)(2)(B),
10
sales among and between persons described in
11
subparagraph (A)(ii) shall be treated as sales be-
12
tween unrelated parties.’’.
13
(b) C
REDITS
N
OT
R
EDUCED BY
T
AX
-E
XEMPT
B
ONDS
14
OR
C
ERTAIN
O
THER
S
UBSIDIES
.—Section 45(b)(3) (relat-
15
ing to credit reduced for grants, tax-exempt bonds, sub-
16
sidized energy financing, and other credits) is amended—
17
(1) by striking clause (ii),
18
(2) by redesignating clauses (iii) and (iv) as
19
clauses (ii) and (iii),
20
(3) by inserting ‘‘(other than any loan, debt, or
21
other obligation incurred under subchapter I of chap-
22
ter 31 of title 7 of the Rural Electrification Act of
23
1936 (7 U.S.C. 901 et seq.), as in effect on the date
24
of the enactment of the Energy Tax Incentives Act of
25
†
736
HR 6 EAS1S/PP
2003)’’ after ‘‘project’’ in clause (ii) (as so redesig-
1
nated),
2
(4) by adding at the end the following new sen-
3
tence: ‘‘This paragraph shall not apply with respect
4
to
any
facility
described
in
subsection
5
(c)(3)(B)(i)(II).’’, and
6
(5) by striking ‘‘
TAX
-
EXEMPT BONDS
,’’ in the
7
heading and inserting ‘‘
CERTAIN
’’.
8
(c) E
FFECTIVE
D
ATE
.—The amendments made by this
9
section shall apply to electricity sold after the date of the
10
enactment of this Act, in taxable years ending after such
11
date.
12
SEC. 1905. CREDIT FOR ELECTRICITY PRODUCED FROM
13
SMALL IRRIGATION POWER.
14
(a) I
N
G
ENERAL
.—Section 45(c)(1) (defining qualified
15
energy resources), as amended by this Act, is amended by
16
striking ‘‘and’’ at the end of subparagraph (F), by striking
17
the period at the end of subparagraph (G) and inserting
18
‘‘, and’’, and by adding at the end the following new sub-
19
paragraph:
20
‘‘(H) small irrigation power.’’.
21
(b) Q
UALIFIED
F
ACILITY
.—Section 45(c)(3) (relating
22
to qualified facility), as amended by this Act, is amended
23
by adding at the end the following new subparagraph:
24
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HR 6 EAS1S/PP
‘‘(G) S
MALL
IRRIGATION
POWER
FACIL
-
1
ITY
.—In the case of a facility using small irriga-
2
tion power to produce electricity, the term ‘quali-
3
fied facility’ means any facility owned by the
4
taxpayer which is originally placed in service
5
after date of the enactment of this subparagraph
6
and before January 1, 2007.’’.
7
(c) D
EFINITION
.—Section 45(c), as amended by this
8
Act, is amended by redesignating paragraph (8) as para-
9
graph (9) and by inserting after paragraph (7) the fol-
10
lowing new paragraph:
11
‘‘(8) S
MALL
IRRIGATION
POWER
.—The term
12
‘small irrigation power’ means power—
13
‘‘(A) generated without any dam or im-
14
poundment of water through an irrigation sys-
15
tem canal or ditch, and
16
‘‘(B) the installed capacity of which is less
17
than 5 megawatts.’’.
18
(d) E
FFECTIVE
D
ATE
.—The amendments made by this
19
section shall apply to electricity sold after the date of the
20
enactment of this Act, in taxable years ending after such
21
date.
22
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HR 6 EAS1S/PP
SEC. 1906. CREDIT FOR ELECTRICITY PRODUCED FROM MU-
1
NICIPAL BIOSOLIDS AND RECYCLED SLUDGE.
2
(a) I
N
G
ENERAL
.—Section 45(c)(1) (defining qualified
3
energy resources), as amended by this Act, is amended by
4
striking ‘‘and’’ at the end of subparagraph (F), by striking
5
the period at the end of subparagraph (G), and by adding
6
at the end the following new subparagraphs:
7
‘‘(H) municipal biosolids, and
8
‘‘(I) recycled sludge.’’.
9
(b) Q
UALIFIED
F
ACILITIES
.—Section 45(c)(3) (relat-
10
ing to qualified facility), as amended by this Act, is amend-
11
ed by adding at the end the following new subparagraphs:
12
‘‘(G) M
UNICIPAL BIOSOLIDS FACILITY
.—In
13
the case of a facility using municipal biosolids
14
to produce electricity, the term ‘qualified facility’
15
means any facility owned by the taxpayer which
16
is originally placed in service after December 31,
17
2001, and before January 1, 2007.
18
‘‘(H) R
ECYCLED SLUDGE FACILITY
.—
19
‘‘(i) I
N GENERAL
.—In the case of a fa-
20
cility using recycled sludge to produce elec-
21
tricity, the term ‘qualified facility’ means
22
any facility owned by the taxpayer which is
23
originally placed in service before January
24
1, 2007.
25
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HR 6 EAS1S/PP
‘‘(ii) S
PECIAL RULE
.—In the case of a
1
qualified facility described in clause (i), the
2
10-year period referred to in subsection (a)
3
shall be treated as beginning no earlier than
4
the date of the enactment of this subpara-
5
graph.’’.
6
(c) D
EFINITIONS
.—Section 45(c), as amended by this
7
Act, is amended by redesignating paragraph (8) as para-
8
graph (10) and by inserting after paragraph (7) the fol-
9
lowing new paragraphs:
10
‘‘(8) M
UNICIPAL BIOSOLIDS
.—The term ‘munic-
11
ipal biosolids’ means the residue or solids removed by
12
a municipal wastewater treatment facility.
13
‘‘(9) R
ECYCLED SLUDGE
.—
14
‘‘(A) I
N
GENERAL
.—The term ‘recycled
15
sludge’ means the recycled residue byproduct cre-
16
ated in the treatment of commercial, industrial,
17
municipal, or navigational wastewater.
18
‘‘(B)
R
ECYCLED
.—The
term
‘recycled’
19
means the processing of residue into a market-
20
able product, but does not include incineration
21
for the purpose of volume reduction.’’.
22
(d) E
FFECTIVE
D
ATE
.—The amendments made by this
23
section shall apply to electricity sold after the date of the
24
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HR 6 EAS1S/PP
enactment of this Act, in taxable years ending after such
1
date.
2
TITLE XX—ALTERNATIVE MOTOR
3
VEHICLES AND FUELS INCEN-
4
TIVES
5
SEC. 2001. ALTERNATIVE MOTOR VEHICLE CREDIT.
6
(a) I
N
G
ENERAL
.—Subpart B of part IV of subchapter
7
A of chapter 1 (relating to foreign tax credit, etc.) is amend-
8
ed by adding at the end the following new section:
9
‘‘SEC. 30B. ALTERNATIVE MOTOR VEHICLE CREDIT.
10
‘‘(a) A
LLOWANCE OF
C
REDIT
.—There shall be allowed
11
as a credit against the tax imposed by this chapter for the
12
taxable year an amount equal to the sum of—
13
‘‘(1) the new qualified fuel cell motor vehicle
14
credit determined under subsection (b),
15
‘‘(2) the new qualified hybrid motor vehicle cred-
16
it determined under subsection (c), and
17
‘‘(3) the new qualified alternative fuel motor ve-
18
hicle credit determined under subsection (d).
19
‘‘(b) N
EW
Q
UALIFIED
F
UEL
C
ELL
M
OTOR
V
EHICLE
20
C
REDIT
.—
21
‘‘(1) I
N GENERAL
.—For purposes of subsection
22
(a), the new qualified fuel cell motor vehicle credit de-
23
termined under this subsection with respect to a new
24
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HR 6 EAS1S/PP
qualified fuel cell motor vehicle placed in service by
1
the taxpayer during the taxable year is—
2
‘‘(A) $4,000, if such vehicle has a gross ve-
3
hicle weight rating of not more than 8,500
4
pounds,
5
‘‘(B) $10,000, if such vehicle has a gross ve-
6
hicle weight rating of more than 8,500 pounds
7
but not more than 14,000 pounds,
8
‘‘(C) $20,000, if such vehicle has a gross ve-
9
hicle weight rating of more than 14,000 pounds
10
but not more than 26,000 pounds, and
11
‘‘(D) $40,000, if such vehicle has a gross ve-
12
hicle weight rating of more than 26,000 pounds.
13
‘‘(2) I
NCREASE FOR FUEL EFFICIENCY
.—
14
‘‘(A) I
N GENERAL
.—The amount determined
15
under paragraph (1)(A) with respect to a new
16
qualified fuel cell motor vehicle which is a pas-
17
senger automobile or light truck shall be in-
18
creased by—
19
‘‘(i) $1,000, if such vehicle achieves at
20
least 150 percent but less than 175 percent
21
of the 2000 model year city fuel economy,
22
‘‘(ii) $1,500, if such vehicle achieves at
23
least 175 percent but less than 200 percent
24
of the 2000 model year city fuel economy,
25
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HR 6 EAS1S/PP
‘‘(iii) $2,000, if such vehicle achieves
1
at least 200 percent but less than 225 per-
2
cent of the 2000 model year city fuel econ-
3
omy,
4
‘‘(iv) $2,500, if such vehicle achieves at
5
least 225 percent but less than 250 percent
6
of the 2000 model year city fuel economy,
7
‘‘(v) $3,000, if such vehicle achieves at
8
least 250 percent but less than 275 percent
9
of the 2000 model year city fuel economy,
10
‘‘(vi) $3,500, if such vehicle achieves at
11
least 275 percent but less than 300 percent
12
of the 2000 model year city fuel economy,
13
and
14
‘‘(vii) $4,000, if such vehicle achieves
15
at least 300 percent of the 2000 model year
16
city fuel economy.
17
‘‘(B) 2000
MODEL YEAR CITY FUEL ECON
-
18
OMY
.—For purposes of subparagraph (A), the
19
2000 model year city fuel economy with respect
20
to a vehicle shall be determined in accordance
21
with the following tables:
22
‘‘(i) In the case of a passenger auto-
23
mobile:
24
The 2000 model year city
‘‘If vehicle inertia weight class is:
fuel economy is:
1,500 or 1,750 lbs ..........................................................................
43.7 mpg
2,000 lbs ..........................................................................................
38.3 mpg
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HR 6 EAS1S/PP
The 2000 model year city
‘‘If vehicle inertia weight class is:
fuel economy is:
2,250 lbs ..........................................................................................
34.1 mpg
2,500 lbs ..........................................................................................
30.7 mpg
2,750 lbs ..........................................................................................
27.9 mpg
3,000 lbs ..........................................................................................
25.6 mpg
3,500 lbs ..........................................................................................
22.0 mpg
4,000 lbs ..........................................................................................
19.3 mpg
4,500 lbs ..........................................................................................
17.2 mpg
5,000 lbs ..........................................................................................
15.5 mpg
5,500 lbs ..........................................................................................
14.1 mpg
6,000 lbs ..........................................................................................
12.9 mpg
6,500 lbs ..........................................................................................
11.9 mpg
7,000 to 8,500 lbs ...........................................................................
11.1 mpg.
‘‘(ii) In the case of a light truck:
1
The 2000 model year city
‘‘If vehicle inertia weight class is:
fuel economy is:
1,500 or 1,750 lbs ..........................................................................
37.6 mpg
2,000 lbs ..........................................................................................
33.7 mpg
2,250 lbs ..........................................................................................
30.6 mpg
2,500 lbs ..........................................................................................
28.0 mpg
2,750 lbs ..........................................................................................
25.9 mpg
3,000 lbs ..........................................................................................
24.1 mpg
3,500 lbs ..........................................................................................
21.3 mpg
4,000 lbs ..........................................................................................
19.0 mpg
4,500 lbs ..........................................................................................
17.3 mpg
5,000 lbs ..........................................................................................
15.8 mpg
5,500 lbs ..........................................................................................
14.6 mpg
6,000 lbs ..........................................................................................
13.6 mpg
6,500 lbs ..........................................................................................
12.8 mpg
7,000 to 8,500 lbs ...........................................................................
12.0 mpg.
‘‘(C) V
EHICLE INERTIA WEIGHT CLASS
.—
2
For purposes of subparagraph (B), the term ‘ve-
3
hicle inertia weight class’ has the same meaning
4
as when defined in regulations prescribed by the
5
Administrator of the Environmental Protection
6
Agency for purposes of the administration of title
7
II of the Clean Air Act (42 U.S.C. 7521 et seq.).
8
‘‘(3) N
EW QUALIFIED FUEL CELL MOTOR VEHI
-
9
CLE
.—For purposes of this subsection, the term ‘new
10
†
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HR 6 EAS1S/PP
qualified fuel cell motor vehicle’ means a motor
1
vehicle—
2
‘‘(A) which is propelled by power derived
3
from one or more cells which convert chemical
4
energy directly into electricity by combining ox-
5
ygen with hydrogen fuel which is stored on board
6
the vehicle in any form and may or may not re-
7
quire reformation prior to use,
8
‘‘(B) which, in the case of a passenger auto-
9
mobile or light truck—
10
‘‘(i) for 2002 and later model vehicles,
11
has received a certificate of conformity
12
under the Clean Air Act and meets or ex-
13
ceeds the equivalent qualifying California
14
low emission vehicle standard under section
15
243(e)(2) of the Clean Air Act for that make
16
and model year, and
17
‘‘(ii) for 2004 and later model vehicles,
18
has received a certificate that such vehicle
19
meets or exceeds the Bin 5 Tier II emission
20
level established in regulations prescribed by
21
the Administrator of the Environmental
22
Protection Agency under section 202(i) of
23
the Clean Air Act for that make and model
24
year vehicle,
25
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