I 111th CONGRESS 2d Session H. R. 5174 IN THE HOUSE OF REPRESENTATIVES April 28, 2010 Mr. Tonko introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify the credit for qualified fuel cell motor vehicles by maintaining the level of credit for vehicles placed in service after 2009 and by allowing the credit for certain off-highway vehicles.

1.

Short title

This Act may be cited as the Fuel Cell Industrial Vehicle Jobs Act of 2010.

2.

Modifications of credit for qualified fuel cell motor vehicles

(a)

Maintenance of $8,000 credit after 2009

Subparagraph (A) of section 30B(b)(1) of the Internal Revenue Code of 1986 (relating to new qualified fuel cell motor vehicle credit) is amended by striking ($4,000 in the case of a vehicle placed in service after December 31, 2009). (b)

Credit for certain off-Highway vehicles

Subsection (b) of section 30B of such Code is amended by adding at the end the following new paragraph: (4)

Special rules for certain off-highway vehicles

Solely for purposes of this subsection— (A)

In general

The term motor vehicle includes any vehicle which is manufactured primarily for use in carrying or towing loads or materials for commercial or industrial purposes, whether or not on public streets, roads, and highways and regardless of the type of load or material carried or towed. The preceding sentence shall not include any vehicle operated exclusively on a rail or rails and any vehicle operated primarily for recreational purposes. (B)

Additional credit

In the case of a vehicle which is a motor vehicle solely by reason of subparagraph (A), the amount determined under paragraph (1) shall be increased by— (i)$2,000 if such vehicle’s fuel cell system achieves an electricity generation efficiency of at least 40 percent but less than 50 percent based on the lower heating value of the fuel, or (ii)$4,000 if such vehicle’s fuel cell system achieves an electricity generation efficiency of at least 50 percent based on the lower heating value of the fuel. (C)

Certain standards not to apply

Subsection (h)(10) shall not apply to a vehicle which is a motor vehicle solely by reason of subparagraph (A). . (c)

Effective date

The amendments made by this section shall apply to vehicles placed in service after December 31, 2009, in taxable years ending after such date.