S.Amdt. 518Senate111th Congress (2009-2011)2nd degree
S.Amdt. 518
Sponsored by
Sen. Orrin G. Hatch (R-UT)
Submitted February 5, 2009
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Senate amendment submitted
February 5, 2009
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Submitted
SA 518. Mr. HATCH submitted an amendment intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for fiscal year ending September 30, 2009, and for other purposes; which was ordered to lie on the table; as follows: On page 470, after line 23, insert the following: PART VII--ALTERNATIVE FUELS SEC. 1171. EXTENSION OF ALCOHOL, ALCOHOL MIXTURE, ALTERNATIVE FUEL, ALTERNATIVE FUEL MIXTURE, BIODIESEL, AND RENEWABLE DIESEL FUEL CREDITS. (a) Extension.-- (1) Alternative fuel credit.--Paragraph (5) of section 6426(d) is amended by striking ``December 31, 2009'' and all that follows and inserting ``December 31, 2014 (December 31, 2009, in the case of any sale or use involving a fuel described in paragraph (2)(E)).''. (2) Alternative fuel mixture credit.--Paragraph (3) of section 6426(e) is amended by striking ``December 31, 2009'' and all that follows and inserting ``December 31, 2014 (December 31, 2009, in the case of any sale or use involving a fuel described in subsection (d)(2)(E)).''. (3) Alternative fuel and alternative fuel mixture payments.--Subparagraph (C) of section 6427(e)(6) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2014 (December 31, 2009, in the case of a fuel described in section 6426(d)(2)(E))''. (4) Biodiesel and renewable diesel fuel credits.--Sections 40A(g), 6426(c)(6), and 6427(e)(6)(B) are each amended by striking ``December 31, 2009'' and inserting ``December 31, 2014''. (5) Alcohol fuel credits.-- (A) Section 40(e)(1)(A) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2014''. (B) Section 40(e)(1)(B) is amended by striking ``January 1, 2011'' and inserting ``January 1, 2015''. (C) Section 6426(b)(6) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2014''. (D) Section 6427(e)(6)(A) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2014''. (b) Conforming Amendment.--The table contained in section 40(h)(2) is amended by striking ``2010'' in the last item and inserting ``2014''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 1172. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL MOTOR VEHICLE CREDIT. (a) Extension.--Paragraph (4) of section 30B(j) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2014''. (b) Inclusion of Bifuel Vehicles.--Clause (i) of section 30B(e)(4)(A) is amended to read as follows: ``(i) which-- ``(I) is only capable of operating on an alternative fuel, or [[Page S1766]] ``(II) is capable of operating on alternative fuel and (but not in combination with) gasoline or diesel fuel, if such vehicle has an operating range of not less than 200 miles in all cases when operating on alternative fuel,''. (c) Increase in Applicable Percentage and Application to Bifuel Vehicles.-- (1) In general.--Paragraph (2) of section 30B(e) is amended to read as follows: ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage with respect to any new qualified alternative fuel motor vehicle is-- ``(A) in the case of a vehicle described in paragraph (4)(A)(i)(I), 80 percent, and ``(B) in the case of a vehicle described in paragraph (4)(A)(i)(II), 50 percent.''. (2) Application to mixed-fuel vehicles.--Subparagraph (A) of section 30B(e)(5) is amended by inserting ``described in paragraph (4)(A)(i)(I)'' after ``qualified alternative fuel motor vehicle'' each place it appears in clauses (i) and (ii). (d) Increase in Incremental Cost Limits.--Paragraph (3) of section 30B(e) is amended-- (1) by striking ``$5,000'' in subparagraph (A) and inserting ``$12,500'', (2) by striking ``$10,000'' in subparagraph (B) and inserting ``$20,000'', (3) by striking ``$25,000'' in subparagraph (C) and inserting ``$50,000'', and (4) by striking ``$40,000'' in subparagraph (D) and inserting ``$80,000''. (e) Transferability of Credit.--Subsection (h) of section 30B is amended by adding at the end the following new paragraph: ``(11) Transferability of credit.-- ``(A) In general.--A taxpayer may transfer the credit allowed under this section by reason of subsection (e) through an assignment to any person. Such transfer may be revoked only with the consent of the Secretary. ``(B) Regulations.--The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under subparagraph (A) is claimed once and not reassigned by such other person.''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 1173. ALLOWANCE OF ALTERNATIVE FUEL MOTOR VEHICLE CREDITS AGAINST AMT. (a) Business Credit.--Subparagraph (B) of section 38(c)(4), as amended by this Act, is amended-- (1) by striking ``and'' at the end of clause (viii), (2) by striking the period at the end of clause (ix) and inserting ``, and'', and (3) by adding at the end the following new clause: ``(x) the portion of the credit determined under section 30B by reason of subsection (e).''. (b) Personal Credit.-- (1) In general.--Subsection (g) of section 30B is amended by adding at the end the following new paragraph: ``(3) Special rule for new qualified alternative fuel motor vehicles.--In the case of the portion of the credit determined under subsection (a) by reason of subsection (e)-- ``(A) this subsection shall be applied separately with respect to such portion, and ``(B) such portion of such credit allowed (after the application of paragraph (1)) for any taxable year shall not exceed the excess (if any) of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tentative minimum tax for the taxable year, reduced by ``(ii) the sum of the credits allowable under subpart A and sections 27 and 30 for such taxable year.''. (2) Conforming amendment.--Paragraph (2) of section 30B(g) is amended by striking ``The credit'' and inserting ``Except as provided in paragraph (3), the credit''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. ______