[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3876 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3876

  To amend the Internal Revenue Code of 1986 to extend and modify the 
          alternative fuel vehicle refueling property credit.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

 Mr. Wyden (for himself and Mr. Hatch) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to extend and modify the 
          alternative fuel vehicle refueling property credit.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE 
              REFUELING PROPERTY CREDIT.

    (a) Extension.--Subsection (g) of section 30C of the Internal 
Revenue Code of 1986 is amended by striking ``placed in service--'' and 
all that follows and inserting ``placed in service after December 31, 
2014''.
    (b) Increased Credit.--
            (1) Credit percentage.--Subsection (a) of section 30C of 
        the Internal Revenue Code of 1986 is amended by striking ``30 
        percent'' and inserting ``50 percent''.
            (2) Dollar limitations.--
                    (A) Increase and per device limitation.--Paragraph 
                (1) of section 30C(b) of such Code is amended to read 
                as follows:
            ``(1) the greater of--
                    ``(A) $100,000 for each type of clean-burning fuel 
                (among all clean-burning fuels listed in subsection 
                (c)(2)) utilized in property placed in service at the 
                location by the taxpayer during the taxable year, or
                    ``(B) $10,000 multiplied by the number of devices 
                placed in service at the location by the taxpayer 
                during the taxable year,
        in the case of a property of a character subject to an 
        allowance for depreciation, and''.
                    (B) Nondepreciable property.--Paragraph (2) of 
                section 30C(b) of such Code is amended by striking 
                ``$1,000'' and inserting ``$2,000''.
            (3) Device.--Subsection (e) of section 30C of such Code is 
        amended by adding at the end the following new paragraph:
            ``(7) Device.--For the purposes of subsection (b)(1), the 
        term `device' means an individual item of property, whether a 
        stand-alone item or part of property that includes multiple 
        devices, which functions to refuel or recharge one alternative 
        fuel vehicle at a time.''.
            (4) Conforming amendment.--Paragraph (6) of section 30C(e) 
        of such Code is amended--
                    (A) by inserting ``and which is placed in service 
                before the date of the enactment of paragraph (8)'' 
                after ``hydrogen'' in subparagraph (A), and
                    (B) by striking ``$30,000'' in subparagraph (B) and 
                inserting ``$100,000''.
    (c) Treatment of Personal Credit.--
            (1) In general.--Paragraph (2) of section 30C(d) of the 
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(2) Personal credit.--
                    ``(A) In general.--For purposes of this title, the 
                credit allowed under subsection (a) for any taxable 
                year (determined after application of paragraph (1)) 
                shall be treated as a credit allowable under subpart A 
                for such taxable year.
                    ``(B) Limitation based on amount of tax.--In the 
                case of a taxable year to which section 26(a)(2) does 
                not apply, the credit allowed under subsection (a) for 
                any taxable year (determined after application of 
                paragraph (1)) shall not exceed the excess of--
                            ``(i) the sum of the regular tax liability 
                        (as defined in section 26(b)) plus the tax 
                        imposed by section 55, over
                            ``(ii) the sum of the credits allowable 
                        under subpart A (other than this section and 
                        sections 25D and 30D) and section 27 for the 
                        taxable year.''.
            (2) Conforming amendment.--Clause (ii) of section 
        30D(c)(2)(B) of such Code is amended by striking ``section 
        25D'' and inserting ``sections 25D and 30C''.
    (d) Treatment of Property Used by Tax-Exempt Entity.--Paragraph (2) 
of section 30C(e) of the Internal Revenue Code of 1986 is amended--
            (1) by striking the last sentence, and
            (2) by inserting ``(including use by an Indian tribal 
        government)'' after ``paragraph (3) or (4) of section 50(b)''.
    (e) Joint Ownership of Alternative Fuel Vehicle Refueling 
Property.--Subsection (e) of section 30C of the Internal Revenue Code 
of 1986, as amended by subsection (b), is amended by adding at the end 
the following new paragraph:
            ``(8) Joint ownership of alternative fuel vehicle refueling 
        property.--
                    ``(A) In general.--Any qualified alternative fuel 
                vehicle refueling property shall not fail to be treated 
                as such property solely because such property is placed 
                in service with respect to 2 or more dwelling units.
                    ``(B) Limits applied separately.--In the case of 
                any qualified alternative fuel vehicle refueling 
                property which is placed in service with respect to 2 
                or more dwelling units, this section (other than this 
                subparagraph) shall be applied separately with respect 
                to the portion of such property attributable to each 
                such dwelling unit.''.
    (f) Definition of Alternative Fuel Vehicle Refueling Property.--
            (1) In general.--Paragraph (3) of section 179A(d) of the 
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(3) such property is--
                    ``(A) for the generation, storage, compression, 
                blending, or dispensing of a clean-burning fuel into 
                the fuel tank of a motor vehicle propelled by such 
                fuel, but only if the generation, storage, compression, 
                or dispensing of such fuel is at the point where such 
                fuel is delivered into the fuel tank of the motor 
                vehicle, or
                    ``(B) for the recharging of motor vehicles 
                propelled by electricity (including property relating 
                to providing electricity for such recharging or 
                otherwise necessary for such recharging property).''.
            (2) Building components.--Subsection (d) of section 179A of 
        such Code is amended by striking ``and its structural 
        components''.
    (g) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.
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