II 

112TH CONGRESS 

2D SESSION S. 3531 

To amend the Internal Revenue Code of 1986 to increase, expand, and 

extend the credit for hydrogen-related alternative fuel vehicle refueling 

property and to increase the investment credit for more efficient fuel 

cells. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2012 

Mr. BLUMENTHAL 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 increase, 

expand, and extend the credit for hydrogen-related alternative fuel vehicle refueling property and to increase 

the investment credit for more efficient fuel cells. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXPANSION OF CREDIT FOR HYDROGEN-RE4 LATED ALTERNATIVE FUEL VEHICLE RE5 FUELING PROPERTY. 

6 (a) INCREASE IN CREDIT PERCENTAGE.—Subsection 

7 (a) of section 30C of the Internal Revenue Code of 1986 

8 (relating to alternative fuel vehicle refueling property credVerDate Mar 15 2010 05:03 Sep 13, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3531.IS S3531

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1 it) is amended by inserting ‘‘(50 percent in the case of 

2 property relating to hydrogen)’’ after ‘‘30 percent’’. 

3 (b) NO DOLLAR LIMITATION.—Subsection (b) of sec4 tion 30C of such Code is amended by adding at the end 

5 the following flush sentence: 

6 ‘‘The preceding sentence shall not apply in the case of 

7 property related to hydrogen.’’. 

8 (c) CREDIT ALLOWABLE FOR REFUELING PROPERTY

9 FOR CERTAIN MOTOR VEHICLES DESIGNED FOR CAR10 RYING OR TOWING LOADS.— 

11 (1) IN GENERAL.—Subsection (c) of section 

12 30C of such Code is amended by striking ‘‘and’’ at 

13 the end of paragraph (1), by striking the period at 

14 the end of paragraph (2) and inserting ‘‘, and’’, and 

15 by adding at the end the following new paragraph: 

16 ‘‘(3) with respect to property described in sec17 tion 179A(d)(3)(A) for the storage or dispensing of 

18 fuel at least 85 percent of the volume of which con19 sists of hydrogen, the reference to motor vehicles in 

20 section 179A(d)(3)(A) included specified off-highway 

21 vehicles.’’. 

22 (2) SPECIFIED OFF-HIGHWAY VEHICLES DE23 FINED.—Subsection (e) of section 30C of such Code 

24 is amended by adding at the end the following new 

25 paragraph: 


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1 ‘‘(7) SPECIFIED OFF-HIGHWAY VEHICLES.—For 

2 purposes of subsection (c)(3)— 

3 ‘‘(A) IN GENERAL.—The term ‘specified 

4 off-highway vehicles’ means all types of vehicles 

5 propelled by motor that are designed for car6 rying or towing loads from one place to an7 other, regardless of the type of load or material 

8 carried or towed and whether or not the vehicle 

9 is registered or required to be registered for 

10 highway use, including fork lift trucks used to 

11 carry loads at railroad stations, industrial 

12 plants, and warehouses. 

13 ‘‘(B) EXCEPTIONS.—Such term does not 

14 include— 

15 ‘‘(i) farm tractors, trench diggers, 

16 power shovels, bulldozers, road graders or 

17 rollers, and similar equipment which does 

18 not carry or tow a load, and 

19 ‘‘(ii) any vehicle that operates exclu20 sively on a rail or rails.’’. 

21 (d) CREDIT FOR HYDROGEN PROPERTY EXTENDED

22 THROUGH 2016.—Paragraph (1) of section 30C(g) of 

23 such Code is amended by striking ‘‘December 31, 2014’’ 

24 and inserting ‘‘December 31, 2016’’. 

25 (e) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—The amendments made by 

2 subsections (a) and (c) shall apply to property 

3 placed in service after the date of the enactment of 

4 this Act in taxable years ending after such date. 

5 (2) REPEAL OF LIMITATION.—The amendment 

6 made by subsection (b) shall apply to taxable years 

7 beginning after the date of the enactment of this 

8 Act. 

9 (3) HYDROGEN REFUELING PROPERTY.—The 

10 amendment made by subsection (d) shall apply to 

11 property placed in service after December 31, 2014. 

12 SEC. 2. INCREASED INVESTMENT CREDIT FOR MORE EFFI13 CIENT FUEL CELLS. 

14 (a) INCREASED PERCENTAGE.— 

15 (1) IN GENERAL.—Subparagraph (A) of section 

16 48(a)(2) of the Internal Revenue Code of 1986 (re17 lating to energy percentage) is amended by redesig18 nating clauses (i) and (ii) as clauses (iii) and (iv), 

19 respectively, and by inserting before clause (iii), as 

20 so redesignated, the following new clauses: 

21 ‘‘(i) 50 percent in the case of qualified 

22 fuel cell property used in a combined heat 

23 and power system having an energy effi24 ciency percentage (as defined in section 

25 48(c)(3)(C)) of 70 percent or more, 


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1 ‘‘(ii) 40 percent in the case of quali2 fied fuel cell property used in such a sys3 tem having an energy efficiency percentage 

4 (as so defined) of at least 60 percent but 

5 less than 70 percent,’’. 

6 (2) CONFORMING AMENDMENTS.— 

7 (A) Subclause (I) of section 

8 48(a)(2)(A)(iii) of such Code, as redesignated 

9 by paragraph (1), is amended by inserting ‘‘not 

10 described in clause (i) or (ii)’’ before the 

11 comma. 

12 (B) Clause (iv) of section 48(a)(2)(A) of 

13 such Code, as so redesignated, is amended by 

14 striking ‘‘to which clause (i) does not apply’’ 

15 and inserting ‘‘to which none of the preceding 

16 clauses apply’’. 

17 (b) INCREASED MAXIMUM CREDIT.—Subparagraph 

18 (B) of section 48(c)(1) of such Code is amended to read 

19 as follows: 

20 ‘‘(B) LIMITATION.—In the case of quali21 fied fuel cell property placed in service during 

22 the taxable year, the credit otherwise deter23 mined under subsection (a) for such year with 

24 respect to such property shall not exceed an 

25 amount equal to— 


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1 ‘‘(i) in the case of property described 

2 in subsection (a)(2)(A)(i), $2,500 for each 

3 0.5 kilowatt of capacity of such property, 

4 ‘‘(ii) in the case of property described 

5 in subsection (a)(2)(A)(ii), $2,000 for each 

6 0.5 kilowatt of capacity of such property, 

7 and 

8 ‘‘(iii) in the case of property described 

9 in subsection (a)(2)(A)(iii)(I), $1,500 for 

10 each 0.5 kilowatt of capacity of such prop11 erty.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to taxable years beginning after 

14 the date of the enactment of this Act. 

Æ 


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