110th CONGRESS

2d Session

H. R. 6734

To amend the Internal Revenue Code of 1986 to encourage increased access
to alternative fuels. 

IN THE HOUSE OF REPRESENTATIVES

July 31, 2008

Ms. HERSETH SANDLIN (for herself and Mr. SHIMKUS) 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 encourage increased access
to alternative fuels. 

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 `E85 and Biodiesel Access Act of 2008'.

SEC. 2. INCREASED ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT IN
QUALIFIED STATES.

(a) In General- Section 30C of the Internal Revenue Code of 1986
(relating to alternative fuel vehicle refueling property credit) is
amended by redesignating subsection (g) as subsection (h) and inserting
after subsection (f) the following new subsection:

`(g) Special Rule-

`(1) IN GENERAL- In the case of property placed in service by the
taxpayer during the taxable year within a qualified State—

`(A) subsection (a) shall be applied by substituting `50 percent' for
`30 percent', and

`(B) subsection (b)(1) shall be applied by substituting `$100,000' for
`$30,000'.

`(2) QUALIFIED STATE- For purposes of this subsection--

`(A) IN GENERAL- The term `qualified State' means, with respect to any
taxable year, any State with respect to which a determination described
in subparagraph (B) has not been made for any calendar year ending
before such taxable year begins.

`(B) DETERMINATION OF THRESHOLD MARKET PENETRATION- The Secretary of
Energy, in consultation with the Secretary of Transportation, shall
issue a determination not later than April 30 of the calendar year
following the first calendar year during which 15 percent of the retail
fuel facilities within such State store and dispense clean-burning fuel
described in subsection (c)(2).'.

(b) Effective Date- The amendments made by this section shall apply to
property placed in service after the date of the enactment of this Act.

SEC. 3. CLARIFICATION WITH RESPECT TO DUAL-USE QUALIFIED ALTERNATIVE
FUEL VEHICLE REFUELING PROPERTY.

(a) In General- For purposes of section 30C of the Internal Revenue Code
of 1986, in the case of qualified alternative fuel vehicle refueling
property (as defined in such section) which is used for the storage or
dispensing of any clean-burning fuel described in subsection (c)(2) of
such section and fuel other than such a clean-burning fuel, the credit
under subsection (a) of such section shall be determined without
reference to the cost of property for the storage and dispensing of fuel
other than clean-burning fuel.

(b) Effective Date- This section shall apply to property placed in
service after the date of the enactment of this Act.

 

 

