I 
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 des-
ignated as nonattainment areas under the Clean Air 
Act. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSI-
NESSES 
LOCATED 
IN 
NONATTAINMENT 
AREAS. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter 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 BUSI-
NESSES 
LOCATED 
IN 
NONATTAINMENT 
AREAS. 
‘‘(a) IN GENERAL.—For purposes of section 38, in 
the case of an eligible business the clean-fuel credit deter-
mined 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 para-
graph (1), the term ‘qualified vehicle property 
costs’ means the amount paid or incurred by 
the eligible business for qualified clean-fuel ve-
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hicle 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 non-
attainment 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 ve-
hicle 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 great-
er 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 in-
cluding the driver). 
‘‘(C) QUALIFIED
CLEAN-FUEL
VEHICLE 
PROPERTY.—The term ‘qualified clean-fuel ve-
hicle property’ shall have the meaning given to 
such term by section 179A(c) (without regard 
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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 para-
graph (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 non-
attainment 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 prop-
erty placed in service by the eligible busi-
ness during the taxable year at a location 
shall not exceed the lesser of— 
‘‘(I) $150,000, or 
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‘‘(II) the cost of such property 
reduced by the amount described in 
clause (ii). 
‘‘(ii) REDUCTION FOR AMOUNTS PRE-
VIOUSLY TAKEN INTO ACCOUNT.—For pur-
poses of clause (i)(II), the amount de-
scribed 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 pre-
ceding 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 
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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 quali-
fied 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 
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qualified clean-fuel vehicle property used sub-
stantially within a nonattainment area. 
‘‘(2) NONATTAINMENT AREA.—The term ‘non-
attainment 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 pro-
vided 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 regula-
tions, provide for recapturing the benefit under any credit 
allowable under subsection (a) with respect to any prop-
erty substantially all of the use of which is not in a non-
attainment area.’’. 
(b) CREDIT MADE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 of such Code (re-
lating to current year business credit) is amended by strik-
ing ‘‘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 para-
graph: 
‘‘(36) the clean-fuel credit determined under 
section 45R.’’. 
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(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 MIN-
IMUM 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 sec-
tion 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.’’. 
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(f) CONFORMING AMENDMENT.—The table of sec-
tions 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 nonattain-
ment 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 SERV-
ICE IN NONATTAINMENT AREAS. 
(a) IN GENERAL.—Section 30B of the Internal Rev-
enue 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 insert-
ing 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 quali-
fied 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 non-
attainment 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 tax-
able year an amount equal to 200 percent of the 
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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 reg-
ulations, 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 sub-
section, the terms ‘eligible business’ and ‘nonattain-
ment 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. 
Æ 
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