Bill Text: OR SB583 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to alternative fuel vehicles; appropriating money; and prescribing an effective date.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-08-21 - Effective date, October 7, 2013. [SB583 Detail]

Download: Oregon-2013-SB583-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. SB 583

LC 3224/SB 583-A8

                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 583

              By JOINT COMMITTEE ON WAYS AND MEANS

                             July 6

  On page 1 of the printed A-engrossed bill, line 2, after '
vehicles;' delete the rest of the line and insert 'creating new
provisions; amending ORS 315.336, 469B.320 and 469B.344 and
section 54, chapter 730, Oregon Laws 2011; appropriating money;
limiting expenditures; and prescribing an effective date.'.
  On page 2, line 10, delete 'or' and insert 'and'.
  In line 16, after 'program' insert 'and any other costs
incurred by the department in carrying out the provisions of
sections 1 to 7 of this 2013 Act'.
  On page 4, delete lines 13 and 14 and insert:
  '  { +  SECTION 10. + }  { + During the biennium beginning July
1, 2013, the limit imposed under ORS 469B.344 (1)(a) on the total
amount of potential tax credits for all transportation projects
in this state shall be reduced by the total amount of potential
tax credits auctioned under section 9 of this 2013 Act during the
biennium beginning July 1, 2013. + }
  '  { +  SECTION 11. + }  { + Section 9 of this 2013 Act applies
to tax years beginning on or after January 1, 2013, and before
January 1, 2015. + }
  '  { +  SECTION 12. + }  { + Notwithstanding any other law
limiting expenditures, the limitation on expenditures established
by section 1, chapter ___, Oregon Laws 2013 (Enrolled House Bill
5011), for the biennium beginning July 1, 2013, as the maximum
limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by State
Department of Energy, is increased by $3,000,000. + }
  '  { +  SECTION 13. + } ORS 469B.320, as amended by section 7,
chapter 45, Oregon Laws 2012, is amended to read:
  ' 469B.320. As used in ORS 315.336 and 469B.320 to 469B.347:
  '  { +  (1) 'Acquisition of an alternative fuel vehicle fleet '
includes the replacement of two or more vehicles that are not
used primarily for personal, family or household purposes, that
are modified or acquired directly from the factory and that:
  ' (a) Use an alternative fuel, including electricity, biofuel,
gasohol with at least 20 percent denatured alcohol content,
hydrogen, Hythane, methane, methanol, natural gas, propane or any
other fuel approved by the Director of the State Department of
Energy as an alternative fuel; and
  ' (b) Produce lower exhaust emissions, or are more energy
efficient, than equivalent vehicles fueled by gasoline or
diesel. + }
  '  { - (1) - }   { + (2) + } 'Alternative fuel vehicle
infrastructure project ' includes a facility for mixing, storing,
compressing or dispensing fuels for alternative fuel vehicles,
and any other necessary and reasonable equipment.
  '  { +  (3) 'Alternative fuel vehicle project' means:
  ' (a) The acquisition of an alternative fuel vehicle fleet; or
  ' (b) An alternative fuel vehicle infrastructure project. + }

  '  { - (2) - }   { + (4) + } 'Cost' includes capital
expenditures and core expenses such as vehicle repair, fuel,
personnel and administrative expenses.
  '  { - (3) - }   { + (5) + } 'Transportation project' means:
  ' (a) Transit services provided to members of the public by a
public or nonprofit entity that receives state or federal funding
for those services, or is the direct recipient of funding from an
entity that receives state or federal funding for the services;
or
  ' (b) An alternative fuel vehicle   { - infrastructure - }
project.
  '  { +  SECTION 14. + } ORS 315.336, as amended by section 6,
chapter 45, Oregon Laws 2012, is amended to read:
  ' 315.336. (1) A credit is allowed against the taxes otherwise
due under ORS chapter 316 or, if the taxpayer is a corporation,
under ORS chapter 317 or 318, for a transportation project, based
upon the certified cost of the project during the period for
which the project is certified under ORS 469B.320 to 469B.347.
  ' (2) The credit allowed for a project other than an
alternative fuel vehicle   { - infrastructure - }  project shall
be as follows:
  ' (a) For tax years beginning on or after January 1, 2011, and
before January 1, 2012, the maximum allowed credit shall be:
  ' (A) 35 percent of certified cost, if a preliminary
certification is issued under ORS 469B.329 prior to July 1, 2011;
or
  ' (B) 25 percent of certified cost, if a preliminary
certification is issued under ORS 469B.329 on or after July 1,
2011, and before January 1, 2012.
  ' (b) For tax years beginning on or after January 1, 2012, and
before January 1, 2013, the maximum allowed credit shall be 25
percent of certified cost.
  ' (c) For tax years beginning on or after January 1, 2013, and
before January 1, 2014, the maximum allowed credit shall be 20
percent of certified cost.
  ' (d) For tax years beginning on or after January 1, 2014, and
before January 1, 2015, the maximum allowed credit shall be 15
percent of certified cost.
  ' (e) For tax years beginning on or after January 1, 2015, and
before January 1, 2016, the maximum allowed credit shall be 10
percent of certified cost.
  ' (3) The total amount of the credit allowable for an
alternative fuel vehicle   { - infrastructure - }  project under
this section may not exceed 35 percent of the certified cost of
the project.
  ' (4)(a) Except as provided in paragraph (b) of this
subsection, the credit allowed in each of the first two tax years
in which the credit is claimed shall be 10 percent of the
certified cost of the project, but may not exceed the tax
liability of the taxpayer. The credit allowed in each of the
succeeding three years shall be five percent of the certified
cost, but may not exceed the tax liability of the taxpayer.
  ' (b) If the amount of the credit allowed under this section is
less than 35 percent of the certified cost of the project, the
credit allowed in any tax year may not exceed five percent of the
certified cost of the project, and may not exceed the tax
liability of the taxpayer.
  ' (5) In order for a tax credit to be allowable under this
section:
  ' (a) The project must be located in Oregon.
  ' (b) The project must have received final certification from
the Director of the State Department of Energy under ORS 469B.320
to 469B.347.
  ' (6) Any tax credit otherwise allowable under this section
that is not used by the taxpayer in a particular year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
that next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise, any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and likewise, any credit
not used in that third succeeding tax year may be carried forward
and used in the fourth succeeding tax year, and likewise, any
credit not used in that fourth succeeding tax year may be carried
forward and used in the fifth succeeding tax year, but may not be
carried forward for any tax year thereafter. Credits may be
carried forward to and used in a tax year beyond the years
specified in subsection (2) of this section only as provided in
this subsection.
  ' (7) The credit allowed under this section is not in lieu of
any depreciation or amortization deduction for the transportation
project to which the taxpayer otherwise may be entitled for
purposes of ORS chapter 316, 317 or 318 for such year.
  ' (8) The taxpayer's adjusted basis for determining gain or
loss may not be decreased by any tax credits allowed under this
section.
  ' (9) The definitions in ORS 469B.320 apply to this section.
  '  { +  SECTION 15. + } ORS 469B.344, as amended by section 10,
chapter 45, Oregon Laws 2012, is amended to read:
  ' 469B.344. (1)(a) The total amount of potential tax credits
for all transportation projects in this state may not, at the
time of preliminary certification under ORS 469B.329, { +
 + }exceed $20 million for any biennium.
  ' (b) For each tax year, the Director of the State Department
of Energy may allocate a percentage of the amount allowed in
paragraph (a) of this subsection to alternative fuel vehicle
  { - infrastructure - }  projects and a percentage to transit
services.
  ' (2) Notwithstanding ORS 315.336, in the event that the
director receives applications for preliminary certification with
a total amount of potential tax credits in excess of the limits
set by the director pursuant to subsection (1)(b) of this
section, the director shall allocate the issuance of preliminary
certifications among applicants as follows:
  ' (a) If an excess of applications for credits for transit
services is received, the director shall allocate the issuance of
preliminary certifications among applicants for credits for
transit services and proportionately reduce the amount of allowed
credit, with no applicant receiving more than 20 percent of the
amount established under subsection (1)(b) of this section for
transit services.
  ' (b) The director may allocate the issuance of preliminary
certifications among applicants for credits for alternative fuel
vehicle   { - infrastructure - }  projects and may award credits
for less than the amount otherwise allowed applicants.
  ' (c) If, after making any reductions required under paragraph
(a) of this subsection, an unallocated amount remains, the
director shall allocate this additional amount among applicants
affected by the percentage restriction in paragraph (a) of this
subsection.
  '  { +  SECTION 16. + } Section 54, chapter 730, Oregon Laws
2011, is amended to read:
  '  { +  Sec. 54. + } (1) A taxpayer may not be allowed a credit
for a transportation project, other than an alternative fuel
vehicle
  { - infrastructure - }  project, certified under   { - section
60 of this 2011 Act - }   { + ORS 469B.332 + } if the first tax
year for which the credit would otherwise be allowed begins on or
after January 1, 2016.
  ' (2) A taxpayer may not be allowed a credit for an alternative
fuel vehicle   { - infrastructure - }  project certified under

  { - section 60 of this 2011 Act - }  { +  ORS 469B.332 + } if
the first tax year for which the credit would otherwise be
allowed begins on or after January 1, 2018.
  '  { +  SECTION 17. + }  { + The amendments to ORS 315.336,
469B.320 and 469B.344 by sections 13 to 15 of this 2013 Act apply
to tax years beginning on or after January 1, 2015. + } ' .
  In line 15, delete '11' and insert '18'.
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