I 113th CONGRESS 1st Session H. R. 3057 IN THE HOUSE OF REPRESENTATIVES August 2, 2013 Mr. Tonko (for himself and Mr. Gibson ) 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 modify the credit for qualified fuel cell motor vehicles and to allow the credit for certain off-highway vehicles, and for other purposes.

1. Short title This Act may be cited as the Fuel Cell Industrial Vehicle Jobs Act of 2013 . 2. Modifications of credit for qualified fuel cell motor vehicles (a) Credit amounts (1) In general Paragraph (1) of section 30B(b) of the Internal Revenue Code of 1986 (relating to new qualified fuel cell motor vehicle credit) is amended by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E) and by striking subparagraph (A) and inserting the following: (A) $4,000 if such vehicle is a motor vehicle as described in subsection (b)(4)(A) and has a gross vehicle weight rating of not more than 8,500 pounds, (B) $8,000 if such vehicle is a motor vehicle as described in subsection (h)(1) and has a gross vehicle weight rating of not more than 8,500 pounds, . (2) Conforming amendment Section 30B(b)(2)(A) of such Code is amended by striking paragraph (1)(A) and inserting paragraph (1)(B) . (b) Credit for certain off-Highway vehicles Subsection (b) of section 30B of such Code is amended by adding at the end the following new paragraph: (4) Special rules for certain off-highway vehicles For purposes of this subsection— (A) In general The term motor vehicle includes any vehicle which is manufactured primarily for use in carrying or towing loads or materials for commercial or industrial purposes, whether or not on public streets, roads, and highways and regardless of the type of load or material carried or towed. The preceding sentence shall not include any vehicle operated exclusively on a rail or rails and any vehicle operated primarily for recreational purposes. (B) Additional credit (i) Vehicles not more than 8,500 pounds In the case of a vehicle which is a motor vehicle solely by reason of subparagraph (A) that has a gross vehicle weight rating of not more than 8,500 pounds, the amount determined under paragraph (1) shall be increased by $1,500 if such vehicle’s fuel cell system achieves an electricity generation efficiency of at least 40 percent based on the lower heating value of the fuel. (ii) Other vehicles In the case of a vehicle which is a motor vehicle solely by reason of subparagraph (A) that has a gross vehicle weight rating of more than 8,500 pounds, the amount determined under paragraph (1) shall be increased by— (I) $2,000 if such vehicle’s fuel cell system achieves an electricity generation efficiency of at least 40 percent but less than 50 percent based on the lower heating value of the fuel, or (II) $4,000 if such vehicle’s fuel cell system achieves an electricity generation efficiency of at least 50 percent based on the lower heating value of the fuel. (C) Certain standards not to apply Subsection (h)(10) shall not apply to a vehicle which is a motor vehicle solely by reason of subparagraph (A). (D) Placed in service date The credit determined under this subsection shall only be available in the case of any vehicle which is a motor vehicle solely by reason of subparagraph (A) if such vehicle is placed in service after December 31, 2012. . (c) Effective date The amendments made by this section shall apply to vehicles placed in service after December 31, 2012, in taxable years ending after such date. 3. Energy credit for fuel cell motive property (a) In general Section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) New qualified fuel cell motive property credit (1) In general In the case of new qualified fuel cell motive property placed in service during the taxable year, the energy credit for such taxable year with respect to such property is the sum of— (A) $940 for each 0.5 kilowatt of capacity of such property if such property has a nameplate capacity of no more than 5.0 kilowatts of electricity, (B) $140 for each additional 0.5 kilowatt of capacity of such property above 5.0 kilowatts of capacity if such property has a nameplate capacity of no more than 15.0 kilowatts of electricity, and (C) $50 for each additional 0.5 kilowatt of capacity of such property above 15.0 kilowatts of capacity if such property has a nameplate capacity of more than 15.0 kilowatts of electricity. (2) Limitation The amount allowed as a credit under this section by reason of paragraph (1) shall not exceed $12,700 for each property placed in service during the taxable year. (3) New qualified fuel cell motive property For purposes of this subsection— (A) In general The term new qualified fuel cell motive property means any qualified fuel cell property which is manufactured for use in powering qualified motive property— (i) the original use of which commences with the taxpayer, and (ii) which is acquired by the taxpayer for use or lease, but not for resale. (B) Qualified motive property The term qualified motive property means any property which is manufactured primarily for carrying loads or materials for commercial or industrial purposes not on public streets, roads, highways, or rails or operated primarily for recreational purposes. (C) Termination Paragraph (1) shall not apply to any property placed in service after December 31, 2018. . (b) Conforming amendments (1) Section 48(a)(1) of such Code is amended by striking subsection (c), and inserting subsection (c) and subsection (e), . (2) Section 48(c)(1)(C) of such Code is amended to read as follows: (C) Fuel cell power plant The term fuel cell power plant means an integrated system comprised of a fuel cell stack assembly which converts a fuel into electricity using electrochemical means and the associated balance of plant components. . (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2012, in taxable years ending after such date.