2006 Utah Code - 59-7-605 — Definitions -- Tax credit -- Cleaner burning fuels.

     59-7-605.   Definitions -- Tax credit -- Cleaner burning fuels.
     (1) As used in this section:
     (a) "Board" means the Air Quality Board created under Title 19, Chapter 2, Air Conservation Act.
     (b) "Certified by the board" means that:
     (i) a motor vehicle on which conversion equipment has been installed meets the following criteria:
     (A) before the installation of conversion equipment, the vehicle does not exceed the emission cut points for a transient test driving cycle, as specified in 40 C.F.R. Part 51, Appendix E to Subpart S, or an equivalent test for the make, model, and year of the vehicle;
     (B) the motor vehicle's emissions of regulated pollutants, when operating on a fuel listed in Subsection (2)(a)(ii)(A) or (2)(a)(ii)(B), is less than the emissions were before the installation of conversion equipment; and
     (C) a reduction in emissions under Subsection (1)(b)(i)(B) is demonstrated by:
     (I) certification of the conversion equipment by the federal Environmental Protection Agency or by a state whose certification standards are recognized by the board;
     (II) testing the motor vehicle, before and after installation of the conversion equipment, in accordance with 40 C.F.R. Part 86, Control of Emissions from New and In-use Highway Vehicles and Engines, using all fuel the motor vehicle is capable of using; or
     (III) any other test or standard recognized by board rule; or
     (ii) special mobile equipment on which conversion equipment has been installed meets the following criteria:
     (A) the special mobile equipment's emissions of regulated pollutants, when operating on fuels listed in Subsection (2)(a)(iii)(A) or (2)(a)(iii)(B), is less than the emissions were before the installation of conversion equipment; and
     (B) a reduction in emissions under Subsection (1)(b)(ii)(A) is demonstrated by:
     (I) certification of the conversion equipment by the federal Environmental Protection Agency or by a state whose certification standards are recognized by the board; or
     (II) any other test or standard recognized by board rule.
     (c) "Clean fuel grant" means a grant awarded under Title 19, Chapter 1, Part 4, Clean Fuels Conversion Program Act, for reimbursement of a portion of the incremental cost of an OEM vehicle or the cost of conversion equipment.
     (d) "Conversion equipment" means equipment referred to in Subsection (2)(a)(ii) or (2)(a)(iii).
     (e) "Electric-hybrid vehicle" is as defined in 42 U.S.C. Sec. 13435.
     (f) "Incremental cost" has the same meaning as in Section 19-1-402.
     (g) "OEM vehicle" has the same meaning as in Section 19-1-402.
     (h) "Special mobile equipment":
     (i) means any mobile equipment or vehicle that is not designed or used primarily for the transportation of persons or property; and
     (ii) includes construction or maintenance equipment.
     (2) (a) Except as provided in Subsection (2)(b), for taxable years beginning on or after January 1, 2001, but beginning on or before December 31, 2010, a taxpayer may claim a tax credit against tax otherwise due under this chapter or Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act, in an amount equal

to:
     (i) 50% of the incremental cost of an OEM vehicle registered in Utah minus the amount of any clean fuel grant received, up to a maximum tax credit of $3,000 per vehicle, if the vehicle:
     (A) is fueled by propane, natural gas, or electricity;
     (B) is fueled by other fuel the board determines annually on or before July 1 to be at least as effective in reducing air pollution as fuels under Subsection (2)(a)(i)(A); or
     (C) meets the clean-fuel vehicle standards in the federal Clean Air Act Amendments of 1990, 42 U.S.C. Sec. 7521 et seq.;
     (ii) 50% of the cost of equipment for conversion, if certified by the board, of a motor vehicle registered in Utah minus the amount of any clean fuel grant received, up to a maximum tax credit of $2,500 per motor vehicle, if the motor vehicle is to:
     (A) be fueled by propane, natural gas, or electricity;
     (B) be fueled by other fuel the board determines annually on or before July 1 to be at least as effective in reducing air pollution as fuels under Subsection (2)(a)(ii)(A); or
     (C) meet the federal clean-fuel vehicle standards in the federal Clean Air Act Amendments of 1990, 42 U.S.C. Sec. 7521 et seq.; and
     (iii) 50% of the cost of equipment for conversion, if certified by the board, of a special mobile equipment engine minus the amount of any clean fuel grant received, up to a maximum tax credit of $1,000 per special mobile equipment engine, if the special mobile equipment is to be fueled by:
     (A) propane, natural gas, or electricity; or
     (B) other fuel the board determines annually on or before July 1 to be:
     (I) at least as effective in reducing air pollution as the fuels under Subsection (2)(a)(iii)(A); or
     (II) substantially more effective in reducing air pollution than the fuel for which the engine was originally designed.
     (b) Notwithstanding Subsection (2)(a), for taxable years beginning on or after January 1, 2006, a taxpayer may not claim a tax credit under this section with respect to an electric-hybrid vehicle.
     (3) A taxpayer shall provide proof of the purchase of an item for which a tax credit is allowed under this section by:
     (a) providing proof to the board in the form the board requires by rule;
     (b) receiving a written statement from the board acknowledging receipt of the proof; and
     (c) retaining the written statement described in Subsection (3)(b).
     (4) Except as provided by Subsection (5), the tax credit under this section is allowed only:
     (a) against any Utah tax owed in the taxable year by the taxpayer;
     (b) in the taxable year in which the item is purchased for which the tax credit is claimed; and
     (c) once per vehicle.
     (5) If the amount of a tax credit claimed by a taxpayer under this section exceeds the taxpayer's tax liability under this chapter for a taxable year, the amount of the tax credit exceeding the tax liability may be carried forward for a period that does not exceed the next five taxable years.

Amended by Chapter 294, 2005 General Session
Amended by Chapter 108, 2005 General Session