```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 184 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 184

To amend the Internal Revenue Code of 1986 to provide a business credit 
   relating to the use of clean-fuel and fuel efficient vehicles by 
  businesses within areas designated as nonattainment areas under the 
                             Clean Air Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

 Mr. Serrano 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 provide a business credit 
   relating to the use of clean-fuel and fuel efficient vehicles by 
  businesses within areas designated as nonattainment areas under the 
                             Clean Air Act.

    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 ``Clean Vehicles for Cleaner Air Act 
of 2009''.

SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN 
              NONATTAINMENT AREAS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business-related 
credits) is amended by adding at the end the following new section:

``SEC. 45R. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN 
              NONATTAINMENT AREAS.

    ``(a) In General.--For purposes of section 38, in the case of an 
eligible business the clean-fuel credit determined under this section 
for the taxable year is the sum of--
            ``(1) the clean-fuel property credit, plus
            ``(2) the clean-burning fuel use credit.
    ``(b) Clean-Fuel Property Credit.--
            ``(1) In general.--The clean-fuel property credit is the 
        sum of--
                    ``(A) qualified vehicle property costs, plus
                    ``(B) qualified refueling property costs.
            ``(2) Qualified vehicle property costs.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the term `qualified vehicle property costs' means the 
                amount paid or incurred by the eligible business for 
                qualified clean-fuel vehicle property which is placed 
                in service during the taxable year by the eligible 
                business and substantially all of the use of which is 
                in a nonattainment area.
                    ``(B) Limitation.--The amount which may be taken 
                into account under subparagraph (A) with respect to any 
                motor vehicle shall not exceed--
                            ``(i) $4,000 in the case of a motor vehicle 
                        not described in clause (ii) or (iii),
                            ``(ii) $10,000 in the case of any truck or 
                        van with a gross vehicle weight rating greater 
                        than 10,000 pounds but not greater than 26,000 
                        pounds, or
                            ``(iii) $80,000 in the case of--
                                    ``(I) a truck or van with a gross 
                                vehicle weight rating greater than 
                                26,000 pounds, or
                                    ``(II) any bus which has a seating 
                                capacity of at least 20 adults (not 
                                including the driver).
                    ``(C) Qualified clean-fuel vehicle property.--The 
                term `qualified clean-fuel vehicle property' shall have 
                the meaning given to such term by section 179A(c) 
                (without regard to paragraph (3) thereof), except that 
                such term does not include property that is a motor 
                vehicle propelled by a fuel that is not a clean-burning 
                fuel.
            ``(3) Qualified refueling property costs.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the term `qualified refueling property costs' means 
                amounts paid or incurred by the eligible business for 
                qualified clean-fuel vehicle refueling property (as 
                defined by section 179A(d)) which is placed in service 
                in a nonattainment area during the taxable year by the 
                eligible business.
                    ``(B) Limitation.--
                            ``(i) In general.--The aggregate cost which 
                        may be taken into account under subparagraph 
                        (A) with respect to qualified clean-fuel 
                        vehicle refueling property placed in service by 
                        the eligible business during the taxable year 
                        at a location shall not exceed the lesser of--
                                    ``(I) $150,000, or
                                    ``(II) the cost of such property 
                                reduced by the amount described in 
                                clause (ii).
                            ``(ii) Reduction for amounts previously 
                        taken into account.--For purposes of clause 
                        (i)(II), the amount described in this clause is 
                        the sum of--
                                    ``(I) the aggregate amount taken 
                                into account under paragraph (1)(B) for 
                                all preceding taxable years, and
                                    ``(II) the aggregate amount taken 
                                into account under section 
                                179A(a)(1)(B) by the taxpayer (or any 
                                related person or predecessor) with 
                                respect to property placed in service 
                                at such location for all preceding 
                                taxable years.
                            ``(iii) Special rules.--For purposes of 
                        this subparagraph, the provisions of 
                        subparagraphs (B) and (C) of section 179A(b)(2) 
                        shall apply.
    ``(c) Clean-Burning Fuel Use Credit.--
            ``(1) In general.--For purposes of subsection (a), the 
        clean-burning fuel use credit is the amount equal to 50 cents 
        for each gasoline gallon equivalent of clean-burning fuel used 
        by an eligible business during the taxable year to propel 
        qualified clean-fuel vehicle property.
            ``(2) Clean-burning fuel.--For purposes of paragraph (1), 
        the term `clean-burning fuel' has the meaning given to such 
        term by section 179A, except that such term includes compressed 
        natural gas and biodiesel (as defined by section 40A(d)(1)).
            ``(3) Gasoline gallon equivalent.--For purposes of 
        paragraph (1), the term `gasoline gallon equivalent' means, 
        with respect to any clean burning fuel, the amount (determined 
        by the Secretary) of such fuel having a Btu content of 114,000.
    ``(d) Other Definitions.--For purposes of this section--
            ``(1) Eligible business.--The term `eligible business' 
        means--
                    ``(A) a qualified business entity or a qualified 
                proprietorship (as such terms are defined by section 
                1397C, determined by substituting `nonattainment area' 
                for `empowerment zone' and `enterprise zone' each place 
                it appears), and
                    ``(B) a trade or business located outside of a 
                nonattainment area, but only with respect to qualified 
                clean-fuel vehicle property used substantially within a 
                nonattainment area.
            ``(2) Nonattainment area.--The term `nonattainment area' 
        shall have the meaning given to such term by section 171 of the 
        Clean Air Act (42 U.S.C. 7501).
    ``(e) Denial of Double Benefit.--Except as provided in section 
30B(i), no credit shall be allowed under subsection (a) for any expense 
for which a deduction or credit is allowed under any other provision of 
this chapter.
    ``(f) Recapture.--The Secretary shall, by regulations, provide for 
recapturing the benefit under any credit allowable under subsection (a) 
with respect to any property substantially all of the use of which is 
not in a nonattainment area.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38 of such Code (relating to current year business credit) is 
amended by striking ``plus'' at the end of paragraph (34), by striking 
the period at the end of paragraph (35) and inserting ``, plus'', and 
by adding at the end thereof the following new paragraph:
            ``(36) the clean-fuel credit determined under section 
        45R.''.
    (c) Denial of Double Benefit.--Section 280C of such Code (relating 
to certain expenses for which credits are allowable) is amended by 
adding at the end thereof the following new subsection:
    ``(g) Zone Clean Fuels Expenses.--No deduction shall be allowed for 
that portion of expenses for clean-burning fuel otherwise allowable as 
a deduction for the taxable year which is equal to the amount of the 
credit determined for such taxable year under section 45R.''.
    (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph 
(B) of section 38(c)(4) of such Code (relating to specified credits) is 
amended by striking ``and'' at the end of clause (vii), by striking the 
period at the end of clause (viii) and inserting ``, and'', and by 
inserting after clause (viii) the following:
                            ``(ix) the credit determined under section 
                        45R.''.
    (e) Deduction for Certain Unused Business Credits.--Subsection (c) 
of section 196 of such Code is amended by striking ``and'' at the end 
of paragraph (12), by striking the period at the end of paragraph (13) 
and inserting ``, and'', and by adding after paragraph (13) the 
following new paragraph:
            ``(14) the clean fuels credit determined under section 
        45R.''.
    (f) Conforming Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 45Q the following new 
item:

``Sec. 45R. Clean-fuel credit with respect to businesses located in 
                            nonattainment areas.''.
    (g) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2008.

SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT 
              AREAS.

    (a) In General.--Section 30B of the Internal Revenue Code of 1986 
(relating to alternative motor vehicle credit) is amended by 
redesignating subsections (i) and (j) as subsections (j) and (k), 
respectively, and by inserting after subsection (h) the following new 
subsection:
    ``(i) Certain Vehicles Placed in Service in Nonattainment Areas.--
            ``(1) In general.--In the case of a new qualified hybrid 
        motor vehicle (as defined in subsection (d)) placed in service 
        by an eligible business and substantially all of the use of 
        which is in a nonattainment area, in lieu of the credit allowed 
        under subsection (a)(3) there shall be allowed as a credit 
        against the tax imposed by this chapter for the taxable year an 
        amount equal to 200 percent of the amount otherwise determined 
        under this section (without regard to this subsection and 
        subsection (d)(2)(A)(ii)) with respect to such vehicle.
            ``(2) Recapture.--The Secretary shall, by regulations, 
        provide for recapturing the benefit under any credit allowable 
        under subsection (a) by reason of paragraph (1) of this 
        subsection with respect to any property substantially all of 
        the use of which is not in a nonattainment area.
            ``(3) Phaseout not to apply.--For purposes of this 
        subsection, subsection (f) shall not apply.
            ``(4) Definitions.--For purposes of this subsection, the 
        terms `eligible business' and `nonattainment area' have the 
        meanings given such terms by section 45R(d).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2008.
                                 <all>
```