II 111th CONGRESS 1st Session S. 929 IN THE SENATE OF THE UNITED STATES April 29, 2009 Mr. Leahy (for himself and Mr. Sanders) 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 provide a Federal income tax credit for the purchase of certain nonroad equipment powered by alternative power sources.

1.

Credit for certain nonroad equipment

(a)

Allowance of credit

Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:

25E.

Credit for certain nonroad equipment

(a)

Allowance of credit

In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 25 percent of the qualified nonroad equipment expenses for the taxable year. (b)

Limitation

The credit allowed under subsection (a) shall not exceed $1,000. (c)

Qualified nonroad equipment expenses

For purposes of this section— (1)

In general

The term qualified nonroad equipment expenses means the cost of any alternative power nonroad equipment the original use of which commences with the taxpayer and which is placed in service by the taxpayer during the taxable year. (2)

Alternative power nonroad equipment

The term alternative power nonroad equipment means any equipment that is primarily used for lawn, garden, or forestry purposes, and that— (A)is powered by a motor drawing current from solar power, electricity, or rechargeable or replaceable batteries, (B)has a hybrid-electric drive train or cutting system which is powered by a generator or electrical storage device combined with a small engine, or (C)is powered by alternative power sources and— (i)is regulated by the Environmental Protection Agency as a new, spark-ignition engine under part 1054 of title 40, Code of Federal Regulations (or any successor regulation), and (ii)is certified by the Environmental Protection Agency as having an engine family that emits no more than 50 percent of the number of grams per kilowatt hour of regulated pollutants allowable under Phase 3 of the exhaust emissions standards under section 103 of part 1054 of title 40, Code of Federal Regulations (or any successor regulation), relating to handheld engines, or section 105 of such part, relating to nonhandheld engines, whichever is applicable. (3)

Alternative power sources

The term alternative power sources means any alternative fuel as determined by the Secretary, in coordination with the Office of Energy Efficiency and Renewable Energy.

. (b)

Conforming amendments

(1)Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking and 25B and inserting , 25B, and 25E. (2)Section 25(e)(1)(C)(ii) of such Code is amended by inserting 25E, after 25D,. (3)Section 25B(g)(2) of such Code is amended by striking section 23 and inserting sections 23 and 25E. (4)Section 904(i) of such Code is amended by striking and 25B and inserting 25B, and 25E. (5)Section 1400C(d)(2) of such Code is amended by striking and 25D and inserting 25D, and 25E. (c)

Clerical amendment

The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Credit for certain nonroad equipment. . (d)

Effective date

The amendments made by this section shall apply to purchases made after the date of the enactment of this Act.