[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1417

  To amend the Internal Revenue Code of 1986 to modify the credit for 
qualified fuel cell motor vehicles and to allow the credit for certain 
             off-highway vehicles, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2011

  Mr. Schumer 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 modify the credit for 
qualified fuel cell motor vehicles and to allow the credit for certain 
             off-highway vehicles, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fuel Cell Industrial Vehicle Jobs 
Act of 2011''.

SEC. 2. MODIFICATIONS OF CREDIT FOR QUALIFIED FUEL CELL MOTOR VEHICLES.

    (a) Credit Amounts.--
            (1) In general.--Paragraph (1) of section 30B(b) of the 
        Internal Revenue Code of 1986 is amended by redesignating 
        subparagraphs (B) through (D) as subparagraphs (C) through (E), 
        respectively, and by striking subparagraph (A) and inserting 
        the following new subparagraphs:
                    ``(A) $4,000 if such vehicle is a motor vehicle as 
                described in subsection (b)(4)(A) and has a gross 
                vehicle weight rating of not more than 8,500 pounds,
                    ``(B) $8,000 if such vehicle is a motor vehicle as 
                described in subsection (h)(1) and has a gross vehicle 
                weight rating of not more than 8,500 pounds,''.
            (2) Conforming amendment.--Section 30B(b)(2)(A) of such 
        Code is amended by striking ``paragraph (1)(A)'' and inserting 
        ``paragraph (1)(B)''.
    (b) Credit for Certain Off-Highway Vehicles.--Subsection (b) of 
section 30B of the Internal Revenue Code of 1986 is amended by adding 
at the end the following new paragraph:
            ``(4) Special rules for certain off-highway vehicles.--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.--
                            ``(i) Vehicles not more than 8,500 
                        pounds.--In the case of a vehicle which is a 
                        motor vehicle solely by reason of subparagraph 
                        (A) that has a gross vehicle weight rating of 
                        not more than 8,500 pounds, the amount 
                        determined under paragraph (1) shall be 
                        increased by $1,500 if such vehicle's fuel cell 
                        system achieves an electricity generation 
                        efficiency of at least 40 percent based on the 
                        lower heating value of the fuel.
                            ``(ii) Other vehicles.--In the case of a 
                        vehicle which is a motor vehicle solely by 
                        reason of subparagraph (A) that has a gross 
                        vehicle weight rating of more than 8,500 
                        pounds, 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).
                    ``(D) Placed in service date.--The credit 
                determined under this subsection shall only be 
                available in the case of any vehicle which is a motor 
                vehicle solely by reason of subparagraph (A) if such 
                vehicle is placed in service after December 31, 
                2010.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to vehicles placed in service after December 31, 2010, in taxable 
years ending after such date.

SEC. 3. ENERGY CREDIT FOR FUEL CELL MOTIVE PROPERTY.

    (a) In General.--Section 48 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subsection:
    ``(e) New Qualified Fuel Cell Motive Property Credit.--
            ``(1) In general.--In the case of new qualified fuel cell 
        motive property placed in service during the taxable year, the 
        energy credit for such taxable year with respect to such 
        property is the sum of--
                    ``(A) $940 for each 0.5 kilowatt of capacity of 
                such property if such property has a nameplate capacity 
                of no more than 5.0 kilowatts of electricity,
                    ``(B) $140 for each additional 0.5 kilowatt of 
                capacity of such property above 5.0 kilowatts of 
                capacity if such property has a nameplate capacity of 
                no more than 15.0 kilowatts of electricity, and
                    ``(C) $50 for each additional 0.5 kilowatt of 
                capacity of such property above 15.0 kilowatts of 
                capacity if such property has a nameplate capacity of 
                more than 15.0 kilowatts of electricity.
            ``(2) Limitation.--The amount allowed as a credit under 
        this section by reason of paragraph (1) shall not exceed 
        $12,700 for each property placed in service during the taxable 
        year.
            ``(3) New qualified fuel cell motive property.--For 
        purposes of this subsection--
                    ``(A) In general.--The term `new qualified fuel 
                cell motive property' means any qualified fuel cell 
                property which is manufactured for use in powering 
                qualified motive property--
                            ``(i) the original use of which commences 
                        with the taxpayer, and
                            ``(ii) which is acquired by the taxpayer 
                        for use or lease, but not for resale.
                    ``(B) Qualified motive property.--The term 
                `qualified motive property' means any property which is 
                manufactured primarily for carrying loads or materials 
                for commercial or industrial purposes not on public 
                streets, roads, highways, or rails or operated 
                primarily for recreational purposes.
                    ``(C) Termination.--Paragraph (1) shall not apply 
                to any property placed in service after December 31, 
                2016.''.
    (b) Conforming Amendments.--
            (1) Section 48(a)(1) of the Internal Revenue Code of 1986 
        is amended by striking ``subsection (c),'' and inserting 
        ``subsection (c) and subsection (e),''.
            (2) Subparagraph (C) of section 48(c)(1) of such Code is 
        amended to read as follows:
                    ``(C) Fuel cell power plant.--The term `fuel cell 
                power plant' means an integrated system comprised of a 
                fuel cell stack assembly which converts a fuel into 
                electricity using electrochemical means and the 
                associated balance of plant components.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2010, in taxable 
years ending after such date.
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