‘‘(iii) has a building plan filed with 
the Secretary in accordance with such reg-
ulations as the Secretary may prescribe. 
‘‘(B) BUILDING.—As used in paragraph 
(1), the term ‘building’ means any building, ex-
cept that such building may not be within .5 
miles of another qualified hydrogen refueling 
property with respect to which a credit under 
this section is allowed to the taxpayer. 
‘‘(2) HYDROGEN
FUEL
CELL
VEHICLE.—The 
term ‘hydrogen fuel cell vehicle’ means a motor vehi-
cle which is propelled by power derived from 1 or 
more cells which convert chemical energy directly 
into electricity by combining oxygen with hydrogen 
fuel which is stored on board the vehicle in any form 
and may or may not require reformation prior to 
use. 
‘‘(d) RECAPTURE.—The Secretary shall, by regula-
tions, provide for recapturing the benefit of the deduction 
allowable under this section if such qualified hydrogen re-
fueling property is not placed in service. 
‘‘(e) TERMINATION.—This section shall not apply to 
any property placed in service after December 31, 2013.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for part VI of subchapter B of chapter 1 is amended
by inserting after the item relating to section 179A the 
following new item:
‘‘Sec. 179B. Deduction for coproduction of hydrogen fuel cells.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply in taxable years beginning after 
December 31, 2002. 
SEC. 305. ACCELERATED DEPRECIATION FOR QUALIFIED 
HYDROGEN FUELING EQUIPMENT. 
(a) RECOVERY PERIOD.—Subparagraph (B) of sec-
tion 168(e)(3) (relating to 5-year property) is amended 
by striking ‘‘and’’ in clause (v), by striking the period and 
inserting ‘‘, and’’ in subclause (III) of clause (vi), and by 
adding at the end the following new clause: 
‘‘(vii) any qualified hydrogen fueling equip-
ment, as defined in subsection (l)(2).’’. 
(b) DEPRECIATION ALLOWANCE.—Section 168 is 
amended by adding at the end the following new sub-
section: 
‘‘(l) SPECIAL ALLOWANCE FOR INVESTMENTS IN RE-
FORMERS
AND
OTHER
HYDROGEN
FUELING
APPLI-
ANCES.—
‘‘(1) ADDITIONAL ALLOWANCE.—In the case of 
qualified hydrogen fueling equipment—
‘‘(A) the depreciation deduction provided 
by section 167(a) for the taxable year in which 
such property is placed in service shall include
an allowance equal to 25 percent of the ad-
justed basis of the qualified hydrogen fueling 
equipment, and 
‘‘(B) the adjusted basis of the qualified 
property shall be reduced by the amount of 
such deduction before computing the amount 
otherwise allowable as a depreciation deduction 
under this chapter for such taxable year and 
any subsequent taxable year. 
‘‘(2) QUALIFIED
HYDROGEN
FUELING
EQUIP-
MENT.—For purposes of this subsection: 
‘‘(A) IN
GENERAL.—The term ‘qualified 
hydrogen fueling equipment’ means storage 
containers, reformers, fuel processors, and hy-
drogen compressors. 
‘‘(B) REFORMER.—The term ‘reformer’ 
means a device used to produce or extract hy-
drogen from another source in order to provide 
hydrogen fuel to power a hydrogen fuel cell ve-
hicle (as defined in section 136A(b)(1)). 
‘‘(3) TERMINATION.—This subsection shall not 
apply to equipment placed in service after December 
31, 2007.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2002.
Æ