Senate Bill No. 519

(By Senators Ross, Helmick and Sharpe)

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[Introduced February 20, 1995; referred to the Committee
on Finance.]
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A BILL to amend chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-c, relating to an alternative-fuel motor vehicle tax credit.

Be it enacted by the Legislature of West Virginia:
That chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article six-c, to read as follows:
ARTICLE 6C. ALTERNATIVE-FUEL MOTOR VEHICLES TAX CREDIT.
§11-6C-1. Legislative findings and purpose.
The Legislature finds that the use of alternative fuels in place of nonrenewable sources of energy is in the public interest and promotes the general welfare of the people of the state. However, the cost of motor vehicles which utilize alternative-fuel technologies remains high in relation to motor vehicles that employ more traditional technologies. Therefore, in order to encourage the use of alternatively fueled motor vehicles and thereby reduce unnecessary pollution of our environment and conserve our nonrenewable sources of energy, there is hereby created an alternative-fuel motor vehicles tax credit.
§11-6C-2. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them in this section:
(1) "Alternative fuel" includes:
(A) Compressed natural gas;
(B) Liquified natural gas;
(C) Liquified petroleum gas;
(D) Methanol;
(E) Ethanol;
(F) Fuel mixtures that contain eighty-five percent or more by volume, when combined with gasoline or other fuels, of the following:
(i) Methanol;
(ii) Ethanol; or
(iii) Other alcohols;
(G) Coal-derived liquid fuels; and
(H) Electricity, including electricity from solar energy.
(2) "Alternative-fuel motor vehicle" means a motor vehicle that:
(A) Operates solely on one alternative fuel;
(B) Is capable of operating on one or more alternative fuels, singly or in combination; or
(C) Is capable of operating on an alternative fuel and is also capable of operating on gasoline or diesel fuel.
§11-6C-3. Credit allowed for alternative-fuel motor vehicles;
application against personal income tax or corporate net income tax.

The tax credit provided for in this article may be applied against the tax liability of a taxpayer imposed by the provisions of either article twenty-one or article twenty-four of this chapter, but in no case may more than one credit be granted for the same alternative-fuel motor vehicle as defined in subsection (2), section two of this article.
§11-6C-4. Eligibility for credit.

A taxpayer is eligible to claim the credit against tax provided in this article if he or she:
(1) Converts a motor vehicle that is presently registered in West Virginia to operate:
(A) Exclusively on an alternative fuel as defined in subsection (1), section two of this article; or
(B) In a dual fuel mode, as defined in subdivision (F), subsection (1), section two of this article; or
(2) Purchases from an original equipment manufacturer or an after-market conversion facility a new dedicated or dually fueled alternative-fuel motor vehicle for which the taxpayer then obtains a valid West Virginia registration.
§11-6C-5. Amount of credit.
(a) For an alternative-fuel motor vehicle as described in subsection (2), section two of this article, with a gross vehicle weight of up to ten thousand pounds, a taxpayer is entitled to a credit against tax as provided in section three of this article in the amount of three thousand seven hundred fifty dollars.
(b) For an alternative-fuel motor vehicle as described in subsection (2), section two of this article, with a gross vehicle weight of more that ten thousand pounds but less that twenty-six thousand pounds, a taxpayer is entitled to a credit against tax as provided in section three of this article in the amount of nine thousand two hundred fifty dollars.
(c) For an alternative-fuel motor vehicle as described in subsection (2), section two of this article, that is a truck or van with a gross vehicle weight of more than twenty-six thousand pounds, a taxpayer is entitled to a credit against tax as provided in section three of this article in the amount of fifty thousand dollars.
(d) For an alternative-fuel motor vehicle as described in subsection (2), section two of this article, that is a bus capable of seating at least twenty adults, a taxpayer is entitled to a credit against tax as provided in section three of this article in the amount of fifty thousand dollars.
(e) Notwithstanding any other provision of this code, a taxpayer who is otherwise entitled to a credit against tax under the provisions of subsections (a), (b), (c) or (d) of this section, who claims the credit provided for in this article for any alternative-fuel motor vehicle which operates exclusively on electricity is entitled to an additional credit of ten percent of the credit allowed under subsections (a), (b), (c) or (d) of this section.
§11-6C-6. Credit to be apportioned over three-year period.
The credit against tax for any alternative-fuel motor vehicle provided for in this article may be taken by a taxpayer claiming the credit only in three equal increments over a three-consecutive-tax-year period, so that in any tax year in which a taxpayer is entitled to the credit, only one third of the total credit allowed for a certain alternative-fuel motor vehicle under section five may be taken.
§11-6C-7. Duration of availability of credit.
The tax credit provided for in this article shall expire by operation of law ten years after the effective date of this article: Provided, That any eligible taxpayer who makes a valid claim for the credit before that expiration is entitled to claim and receive the remaining one-third increment or increments of the total credit allowed under section five of this article for the tax year or years ensuing after the expiration of this article until the total amount of credit allowed has been exhausted.
§11-6C-8. Secretary to design forms and schedules; promulgation
of rules.

(a) The tax commissioner shall design and provide to the public simplified forms and schedules to implement and effectuate the provisions of this article.
(b) The tax commissioner is authorized to promulgate rules for the administration of this article consistent with its provisions and in accordance with article three, chapter twenty-nine-a of this code.



NOTE: The purpose of this bill is to establish a tax credit for new or converted motor vehicles which operate on certain "alternative fuels."

This article is new; therefore, strike-throughs and underscoring have been omitted.