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Title II — Promote production of NGVs by Original Equipment Manufacturers

H.R. 1364 · 113th Congress · Mar 21, 2013 · Lineage

II Promote production of NGVs by Original Equipment Manufacturers

Sec. 201 Credit for producing vehicles fueled by natural gas or liquified natural gas

(a)
In general— Subpart D of part IV of subchapter A of chapter 1 (relating to business-related credits) is amended by inserting after section 45R the following new section:

“45S. Production of vehicles fueled by natural gas or liquified natural gas

“(a) In general—For purposes of section 38, in the case of a taxpayer who is an original manufacturer of natural gas vehicles, the natural gas vehicle credit determined under this section for any taxable year with respect to each eligible natural gas vehicle produced by the taxpayer during such year is an amount equal to the lesser of—

“(1) 10 percent of the manufacturer’s basis in such vehicle, or

“(2) $4,000.

“(b) Aggregate credit allowed—The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $200,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years.

“(c) Definitions—For the purposes of this section—

“(1) Eligible natural gas vehicle—The term eligible natural gas vehicle means a motor vehicle (as defined in section 30B(h)(1)) that is capable of operating on natural gas and is described in 30B(e)(4)(A).

“(2) Manufacturer—The term manufacturer has the meaning given such term in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of title II of the Clean Air Act (42 U.S.C. 7521 et seq.).

“(d) Special rules—For purposes of this section—

“(1) In general—Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.

“(2) Controlled groups

“(A) In general—All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer.

“(B) Inclusion of foreign corporations—For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof.

“(C) Verification—No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary.

“(e) Termination—This section shall not apply to any vehicle produced after December 31, 2018.”

(b)
Credit To be part of business credit— Section 38(b) 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:

“(37) the natural gas vehicle credit determined under section 45R(a).”

(c)
Conforming amendment— The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 45R the following new item:
(d)
Effective date— The amendments made by this section shall apply to vehicles produced after December 31, 2013.

Sec. 202 Additional vehicles qualifying for the advanced technology vehicles manufacturing incentive program

(a)
In general— Notwithstanding any other provision of law, a covered vehicle (as defined in subsection (b)) shall be considered an advanced technology vehicle for purposes of the advanced technology vehicle incentive program established under section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013), and manufacturers and component suppliers of such covered vehicles shall be eligible for an award under such section.
(b)
Definitions— As used in this section—
(1)
the term covered vehicle means a light-duty vehicle or a medium-duty or heavy-duty truck or bus that is only capable of operating on compressed or liquefied natural gas, a bi-fueled motor vehicle that is capable of achieving a minimum of 85 percent of its total range with compressed or liquefied natural gas, or a dual-fuel vehicle that operates on a mixture of natural gas and gasoline or diesel fuel but is not capable of operating on a mixture of less than 75 percent natural gas;
(2)
the term bi-fuel vehicle means a vehicle that is capable of operating on compressed or liquefied natural gas and gasoline or diesel fuel; and
(3)
the term dual-fuel vehicle means a vehicle that is capable of operating on a mixture of compressed or liquefied natural gas and gasoline or diesel fuel.