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HB 801 - Income tax credits; low-emission vehicles; cert electric chargers

Scheid, III, Charles F (17th)	Stancil, Steve (16th)	Pinholster, Garland (15th)

Status Summary	HC:	W&M	SC:	F&PU	FR:	03/01/99	LA:	04/28/00	Signed by Governor

First Reader Summary

A BILL to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to the income tax credits for certain low-emission vehicles, so as to increase the amount of such credits; to increase the carry forward periods of such credits; to provide for an additional credit with respect to certain electric vehicle chargers; and for other purposes.

Code Sections - 48-7-40.17

HB 801                                            HB 801/CSFA 
 
      H. B. No. 801 (COMMITTEE SUBSTITUTE) (AM) 
      By:  Representatives Scheid of the 17th, Stancil of the 16th 
      and Pinholster of the 15th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 7 of Title 48 of the Official 
  1- 2  Code of Georgia Annotated, relating to the imposition, rate, 
  1- 3  and computation of income taxes and exemptions and credits 
  1- 4  related thereto, so as to increase the amount of income tax 
  1- 5  credits for certain low-emission vehicles; to increase the 
  1- 6  carry forward periods of such credits; to provide for an 
  1- 7  additional credit with respect to certain electric vehicle 
  1- 8  chargers; to provide for conditions and limitations; to 
  1- 9  provide for powers, duties, and authority of the state 
  1-10  revenue commissioner with respect to the foregoing; to 
  1-11  provide for definitions; to provide for tax credits for the 
  1-12  purchase and installation of diesel particulate emission 
  1-13  reduction technology equipment; to provide for the terms and 
  1-14  conditions related to such tax credit; to provide for the 
  1-15  powers, duties, and authority of the state revenue 
  1-16  commissioner with respect to the foregoing; to provide an 
  1-17  effective date; to provide for applicability; to repeal 
  1-18  conflicting laws; and for other purposes. 
 
  1-19       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-20                           SECTION 1. 
 
  1-21  Article 2 of Chapter 7 of Title 48 of the Official Code of 
  1-22  Georgia Annotated, relating to the imposition, rate, and 
  1-23  computation of income taxes and exemptions and credits 
  1-24  related thereto, is amended in Code Section 48-7-40.16, 
  1-25  relating to the income tax credits for certain low-emission 
  1-26  vehicles, by striking subsections (b) through (f) and 
  1-27  inserting in their places new subsections (b) through (g) to 
  1-28  read as following: 
 
  1-29    "(b) A tax credit is allowed against the tax imposed under 
  1-30    this article to a taxpayer for the purchase or lease of a 
  1-31    new low-emission vehicle that is registered in a covered 
  1-32    area.  The amount of the credit shall be $1,500.00 
  1-33    $2,500.00 per new low-emission vehicle. 
 
 
 
 
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  2- 1    (c) A tax credit is allowed against the tax imposed under 
  2- 2    this article to a taxpayer for the conversion of a 
  2- 3    conventionally fueled vehicle to a converted vehicle that 
  2- 4    is registered in a covered area.  The amount of the credit 
  2- 5    shall be equal to the cost of conversion, not to exceed 
  2- 6    $1,500.00 $2,500.00 per converted vehicle. 
 
  2- 7    (d) A tax credit is allowed against the tax imposed under 
  2- 8    this article to any business enterprise for the purchase 
  2- 9    or lease of each electric vehicle charger that is located 
  2-10    in a covered area.  The amount of the credit shall be 
  2-11    $2,500.00 per charger. 
 
  2-12    (d)(e) The credits granted under this Code section shall 
  2-13    be subject to the following conditions and limitations: 
 
  2-14      (1) All claims for any credit provided by subsection (b) 
  2-15      of this Code section shall be: 
 
  2-16        (A) Accompanied by a certification issued by the 
  2-17        automobile dealership where the new low-emission 
  2-18        vehicle was purchased or leased; and 
 
  2-19        (B) Made only by a taxpayer who is the ultimate 
  2-20        purchaser or lessee of a new low-emission vehicle at 
  2-21        retail; 
 
  2-22      (2) In order to qualify for a tax credit in a particular 
  2-23      calendar year for the lease of a new low-emission 
  2-24      vehicle under subsection (b) of this Code section, the 
  2-25      lease must be in effect prior to or on the last day of 
  2-26      the calendar year in which the credit is claimed; 
 
  2-27      (3) All claims for any credit provided by subsection (c) 
  2-28      of this Code section must be accompanied by a 
  2-29      certification issued by the Environmental Protection 
  2-30      Division of the Department of Natural Resources; 
 
  2-31      (4) Motor vehicles subject to the requirements imposed 
  2-32      upon fleet operators by the federal Clean Air Act, 42 
  2-33      U.S.C. Section 7401, et seq., as amended, and applicable 
  2-34      federal regulations are not eligible for any tax credit 
  2-35      under this Code section; 
 
  2-36      (5) All claims for any credit provided by subsection (d) 
  2-37      of this Code section shall be: 
 
  2-38        (A) Accompanied by a certification issued by the 
  2-39        seller where the new electric vehicle charger was 
  2-40        purchased or leased; and 
 
 
 
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  3- 1        (B) Made only by a taxpayer who is the ultimate 
  3- 2        purchaser or lessee of a new electric vehicle charger 
  3- 3        at retail; 
 
  3- 4      (5)(6) Any credit claimed under this Code section but 
  3- 5      not used in any taxable year may be carried forward for 
  3- 6      three five years from the close of the taxable year in 
  3- 7      which a new low-emission vehicle was purchased or leased 
  3- 8      or a conventionally fueled vehicle was changed into a 
  3- 9      converted vehicle, provided that the applicable 
  3-10      certification required in paragraph (1) or (3) of this 
  3-11      subsection accompanies any such claim; and 
 
  3-12      (6)(7) In no event shall the amount of any tax credit 
  3-13      provided in this Code section exceed the taxpayer's 
  3-14      income tax liability. 
 
  3-15    (e)(f) The state revenue commissioner shall be authorized 
  3-16    to adopt rules and regulations to provide for the 
  3-17    administration of any tax credit provided by this Code 
  3-18    section. 
 
  3-19    (f)(g) The Board of Natural Resources shall be authorized 
  3-20    to adopt rules and regulations to provide for: 
 
  3-21      (1) The specific standards and requirements for 
  3-22      low-emission and converted vehicles and electric vehicle 
  3-23      chargers which shall be consistent with the terms of 
  3-24      this Code section; 
 
  3-25      (2) An approved certification form which shall be issued 
  3-26      by an automobile dealership which certifies the purchase 
  3-27      or lease of a new low-emission vehicle that is qualified 
  3-28      for a tax credit provided by this Code section; and 
 
  3-29      (3) The certification of any converted vehicle that is 
  3-30      qualified to claim a tax credit provided by this Code 
  3-31      section; and . 
 
  3-32      (4) An approved certification form which shall be issued 
  3-33      by the seller which certifies the purchase or lease of a 
  3-34      new electric vehicle charger that is qualified for a tax 
  3-35      credit provided by this Code section." 
 
  3-36                           SECTION 2. 
 
  3-37  Said article is further amended by adding a new Code Section 
  3-38  48-7-40.17 to read as follows: 
 
  3-39    "48-7-40.17. 
 
  3-40    (a) As used in this Code section, the term: 
 
 
                                 -3- 
 
 
 
  4- 1      (1) "Commercial motor vehicle" means a motor vehicle 
  4- 2      designed or used to transport property and having a 
  4- 3      gross vehicle weight rating of 26,001 or more pounds. 
 
  4- 4      (2) "Diesel particulate emission reduction technology 
  4- 5      equipment" means any equipment which meets standards 
  4- 6      adopted by the Georgia Regional Transportation Authority 
  4- 7      and which provides for heat, air conditioning, light, 
  4- 8      and communications for the driver's compartment of a 
  4- 9      commercial motor vehicle which is parked at a truck 
  4-10      stop, depot, or other facility the use of which results 
  4-11      in the engine being turned off with a corresponding 
  4-12      reduction of particulate emissions from such vehicle's 
  4-13      diesel engine. 
 
  4-14    (b) A tax credit against the tax imposed under this 
  4-15    article shall be granted to any person who installs diesel 
  4-16    particulate emission reduction technology equipment at any 
  4-17    truck stop, depot, or other facility. The amount of the 
  4-18    tax credit shall be equal to 10 percent of the total of 
  4-19    the cost of the diesel particulate emission reduction 
  4-20    technology equipment and the cost of installation of such 
  4-21    equipment. The tax credit provided under this Code section 
  4-22    shall be allowed for the taxable year in which the 
  4-23    taxpayer first places the equipment in use.  Any credit 
  4-24    which is not used in the year in which the equipment is 
  4-25    first placed in use shall not be carried forward to any 
  4-26    future year. 
 
  4-27    (c) For every year for which the taxpayer claims the 
  4-28    credit authorized by this Code section, the taxpayer shall 
  4-29    attach a schedule to the taxpayer's Georgia income tax 
  4-30    return setting forth the following information: 
 
  4-31      (1) A description of the diesel particulate emission 
  4-32      reduction technology equipment installed; 
 
  4-33      (2) The location at which such equipment was installed; 
  4-34      and 
 
  4-35      (3) The cost of the equipment and the cost of 
  4-36      installation of the equipment. 
 
  4-37    (d) The commissioner shall promulgate any rules and 
  4-38    regulations necessary to implement and administer this 
  4-39    Code section." 
 
 
 
 
 
 
                                 -4- 
 
 
 
  5- 1                           SECTION 3. 
 
  5- 2  This Act shall become effective on January 1, 2001, and 
  5- 3  shall be applicable to all taxable years beginning on or 
  5- 4  after January 1, 2001. 
 
  5- 5                           SECTION 4. 
 
  5- 6  All laws and parts of laws in conflict with this Act are 
  5- 7  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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