Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 15 First Substitute (2015GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• amends definitions;
• authorizes the Department of Environmental Quality to make grants from the Clean Fuels and Vehicle Technology Fund to a person who installs conversion equipment on a motor vehicle;
• describes the process for a person to apply for a grant to install conversion equipment on a motor vehicle;
• describes the amount of grant money the director of the Division of Air Quality may award to a person who installs conversion equipment on a motor vehicle;
• grants rulemaking authority to the Air Quality Board; and
• makes technical changes.

Every vote on this bill

Bill text

CLEAN FUEL AMENDMENTS AND REBATES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
____________
LONG TITLE
Committee Note:
The Natural Resources, Agriculture, and Environment Interim Committee
recommended this bill.
General Description:
This bill creates the Conversion to Alternative Fuel Grant Program.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends definitions;
▸ authorizes the Department of Environmental Quality to make grants from the Clean
Fuels and Vehicle Technology Fund to a person who installs conversion equipment
on a motor vehicle;
▸ describes the process for a person to apply for a grant to install conversion
equipment on a motor vehicle;
▸ describes the amount of grant money the director of the Division of Air Quality may
award to a person who installs conversion equipment on a motor vehicle;
▸ grants rulemaking authority to the Air Quality Board; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-1-403
, as last amended by Laws of Utah 2014, Chapter 295
59-7-605
, as last amended by Laws of Utah 2014, Chapter 125
59-10-1009
, as last amended by Laws of Utah 2014, Chapter 125
ENACTS:
19-2-301
, Utah Code Annotated 1953
19-2-302
, Utah Code Annotated 1953
19-2-303
, Utah Code Annotated 1953
19-2-304
, Utah Code Annotated 1953
19-2-305
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-1-403
 is amended to read:
19-1-403.
Clean Fuels and Vehicle Technology Fund -- Contents -- Loans or
grants made with fund money.
(1) (a) There is created a revolving fund known as the Clean Fuels and Vehicle
Technology Fund.
(b) The fund consists of:
(i) appropriations to the fund;
(ii) other public and private contributions made under Subsection (1)(c);
(iii) interest earnings on cash balances; and
(iv) all money collected for loan repayments and interest on loans.
(c) The department may accept contributions from other public and private sources for
deposit into the fund.
(2) (a) The department may make a loan or a grant with money available in the fund
[
for
]:
(i) 
for
 the conversion of a private sector business vehicle or a government vehicle to
use a clean fuel, if certified by the Air Quality Board under Subsection 
19-1-405
(1)(a); [
or
]
(ii) 
for
 the purchase of an OEM vehicle for use as a private sector business vehicle or
government vehicle[
.
]
; or
(iii) to a person who installs conversion equipment on a motor vehicle, as described in
Sections 
19-2-301
 through 
19-2-304
.
(b) The amount of a loan for any vehicle under Subsection (2)(a) may not exceed:
(i) the actual cost of the vehicle conversion;
(ii) the incremental cost of purchasing the OEM vehicle; or
(iii) the cost of purchasing the OEM vehicle if there is no documented incremental
cost.
(c) The amount of a grant for any vehicle under Subsection (2)(a) may not exceed:
(i) 50% of the actual cost of the vehicle conversion minus the amount of any tax credit
claimed under Section 
59-7-605
 or 
59-10-1009
 for the vehicle for which a grant is requested;
or
(ii) 50% of the incremental cost of purchasing an OEM vehicle minus the amount of
any tax credit claimed under Section 
59-7-605
 or 
59-10-1009
 for the vehicle for which a grant
is requested.
(d) (i) Subject to the availability of money in the fund, the department may make a loan
or grant for the purchase of vehicle refueling equipment for a private sector business vehicle or
a government vehicle.
(ii) The maximum amount loaned or granted per installation of refueling equipment
may not exceed the actual cost of the refueling equipment.
(3) The department may:
(a) establish an application fee for a loan or grant from the fund by following the
procedures and requirements of Section 
63J-1-504
; and
(b) reimburse itself for the costs incurred in administering the fund from:
(i) the fund; or
(ii) application fees established under Subsection (3)(a).
(4) (a) The fund balance may not exceed $10,000,000.
(b) Interest on cash balances and repayment of loans in excess of the amount necessary
to maintain the fund balance at $10,000,000 shall be deposited in the General Fund.
(5) (a) Loans made from money in the fund shall be supported by loan documents
evidencing the intent of the borrower to repay the loan.
(b) The original loan documents shall be filed with the Division of Finance and a copy
shall be filed with the department.
Section 2. Section 
19-2-301
 is enacted to read:
Part 3. Conversion to Alternative Fuel Grant Program
 19-2-301.
Title.
This part is known as the "Conversion to Alternative Fuel Grant Program."
Section 3. Section 
19-2-302
 is enacted to read:
 19-2-302.
Definitions.
As used in this part:
(1) "Air quality standards" means vehicle emission standards equal to or greater than
the standards established in bin 4 in Table S04-1 of 40 C.F.R. 86.1811-04(c)(6).
(2) "Alternative fuel" means:
(a) propane, natural gas, or electricity; or
(b) other fuel that the board determines, by rule, to be:
(i) at least as effective as reducing air pollution as the fuels listed in Subsection (2)(a);
or
(ii) substantially more effective in reducing air pollution as the fuel for which the
engine was originally designed.
(3) "Board" means the Air Quality Board.
(4) "Clean fuel grant" means a grant awarded under Title 19, Chapter 1, Part 4, Clean
Fuels and Vehicle Technology Program Act, for reimbursement for a portion of the incremental
cost of an OEM vehicle or the cost of conversion equipment.
(5) "Conversion equipment" means equipment designed to:
(a) allow a motor vehicle to operate on an alternative fuel; and
(b) reduce a motor vehicle's emissions of regulated pollutants, as demonstrated by:
(i) certification of the conversion equipment by the Environmental Protection Agency
or by a state or country that has certification standards that are recognized, by rule, by the
board;
(ii) testing the motor vehicle, before and after the installation of the equipment, in
accordance with 40 C.F.R. Part 86, Control of Emissions from New and In-Use Highway
Vehicles and Engines, using all fuel the motor vehicle is capable of using;
(iii) for a retrofit natural gas vehicle that is retrofit in accordance with Section
19-1-406
, satisfying the emission standards described in Section 
19-1-406
; or
(iv) any other test or standard recognized by board rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) "Cost" means the total reasonable cost of a conversion kit and the paid labor, if any,
required to install it.
(7) "Director" means the director of the Division of Air Quality.
(8) "Division" means the Division of Air Quality, created in Subsection 
19-1-105
(1)(a).
(9) "Eligible vehicle" means a vehicle operated and registered in Utah.
Section 4. Section 
19-2-303
 is enacted to read:
 19-2-303.
Grants and programs -- Conditions.
(1) The director may make grants to a person who installs conversion equipment on a
motor vehicle as described in this part.
(2) A person who installs conversion equipment on a motor vehicle:
(a) may apply to the division for a grant to offset the cost of installation; and
(b) shall pass along any savings on the cost of conversion equipment to the owner of
the motor vehicle being converted in the amount of grant money received.
(3) As a condition for receiving the grant, a person who installs conversion equipment
shall agree to:
(a) provide information to the division about the vehicle to be converted with the grant
proceeds;
(b) allow inspections by the division to ensure compliance with the terms of the grant;
and
(c) comply with the conditions for the grant.
(4) A grant issued under this section may not exceed the lesser of 50% of the cost of
the conversion system and associated labor, or $2,500, per converted motor vehicle.
Section 5. Section 
19-2-304
 is enacted to read:
 19-2-304.
Duties and authorities -- Rulemaking.
(1) The board may, by following the procedures and requirements of Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, make rules:
(a) specifying the amount of money to be dedicated annually for grants under this part;
(b) specifying criteria the director shall consider in prioritizing and awarding grants,
including a limitation on the types of vehicles that are eligible for funds;
(c) specifying the minimum qualifications of a person who:
(i) installs conversion equipment on a motor vehicle; and
(ii) receives a grant from the division;
(d) specifying the terms of a grant; and
(e) requiring all grant applicants to apply on forms provided by the division.
(2) The division shall:
(a) administer funds to encourage vehicle owners to reduce emissions from vehicles;
and
(b) provide information about which conversion technology meets the requirements of
this part.
(3) The division may inspect vehicles for which a grant was made to ensure
compliance with the terms of the grant.
Section 6. Section 
19-2-305
 is enacted to read:
 19-2-305.
Limitation on applying for a tax credit.
An owner of a motor vehicle who receives the savings on the cost of conversion
equipment, as described in Subsection 
19-2-303
(2)(b), may not claim a tax credit for the
conversion under Section 
59-7-605
 or 
59-10-1009
 unless the savings are less than the tax credit
authorized by those sections, in which case the owner may claim a tax credit in the amount of
the difference.
Section 7. Section 
59-7-605
 is amended to read:
59-7-605.
Definitions -- Tax credits related to energy efficient vehicles.
(1) As used in this section:
(a) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than
the standards established in bin 4 in Table S04-1, of 40 C.F.R. 86.1811-04(c)(6).
(b) "Board" means the Air Quality Board created under Title 19, Chapter 2, Air
Conservation Act.
(c) "Certified by the board" means that:
(i) a motor vehicle on which conversion equipment has been installed meets the
following criteria:
(A) before the installation of conversion equipment, the vehicle does not exceed the
emission cut points for a transient test driving cycle, as specified in 40 C.F.R. Part 51,
Appendix E to Subpart S, or an equivalent test for the make, model, and year of the vehicle;
and
(B) as a result of the installation of conversion equipment on the motor vehicle, the
motor vehicle has reduced emissions; or
(ii) special mobile equipment on which conversion equipment has been installed has
reduced emissions.
(d) "Clean fuel grant" means a grant awarded
:
(i)
 under Title 19, Chapter 1, Part 4, Clean Fuels and Vehicle Technology Program
Act, for reimbursement of a portion of the incremental cost of an OEM vehicle or the cost of
conversion equipment[
.
]
; or
(ii) under Title 19, Chapter 2, Part 3, Conversion to Alternative Fuel Grant Program.
(e) "Conversion equipment" means equipment referred to in Subsection (2)(c) or (d).
(f) "OEM vehicle" has the same meaning as in Section 
19-1-402
.
(g) "Original purchase" means the purchase of a vehicle that has never been titled or
registered and has been driven less than 7,500 miles.
(h) "Qualifying electric vehicle" means a vehicle that:
(i) meets air quality standards;
(ii) is not fueled by natural gas;
(iii) is fueled by electricity only; and
(iv) is an OEM vehicle except that the vehicle is fueled by a fuel described in
Subsection (1)(h)(iii).
(i) "Qualifying plug-in hybrid vehicle" means a vehicle that:
(i) meets air quality standards;
(ii) is not fueled by natural gas or propane;
(iii) has a battery capacity that meets or exceeds the battery capacity described in
Section 30D(b)(3), Internal Revenue Code; and
(iv) is fueled by a combination of electricity and:
(A) diesel fuel;
(B) gasoline; or
(C) a mixture of gasoline and ethanol.
(j) "Reduced emissions" means:
(i) for purposes of a motor vehicle on which conversion equipment has been installed,
that the motor vehicle's emissions of regulated pollutants, when operating on a fuel listed in
Subsection (2)(d)(i) or (ii), is less than the emissions were before the installation of the
conversion equipment, as demonstrated by:
(A) certification of the conversion equipment by the federal Environmental Protection
Agency or by a state that has certification standards recognized by the board;
(B) testing the motor vehicle, before and after installation of the conversion equipment,
in accordance with 40 C.F.R. Part 86, Control of Emissions from New and In-use Highway
Vehicles and Engines, using all fuel the motor vehicle is capable of using;
(C) for a retrofit natural gas vehicle that is retrofit in accordance with Section
19-1-406
, testing that as a result of the retrofit, the retrofit natural gas vehicle satisfies the
emission standards applicable under Section 
19-1-406
; or
(D) any other test or standard recognized by board rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; or
(ii) for purposes of special mobile equipment on which conversion equipment has been
installed, that the special mobile equipment's emissions of regulated pollutants, when operating
on fuels listed in Subsection (2)(d)(i) or (ii), is less than the emissions were before the
installation of conversion equipment, as demonstrated by:
(A) certification of the conversion equipment by the federal Environmental Protection
Agency or by a state that has certification standards recognized by the board; or
(B) any other test or standard recognized by board rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(k) "Special mobile equipment":
(i) means any mobile equipment or vehicle that is not designed or used primarily for
the transportation of persons or property; and
(ii) includes construction or maintenance equipment.
(2) For the taxable year beginning on or after January 1, 2015, but beginning on or
before December 31, 2015, a taxpayer may claim a tax credit against tax otherwise due under
this chapter or Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay
Corporate Franchise or Income Tax Act, in an amount equal to:
(a) (i) for the original purchase of a new qualifying electric vehicle that is registered in
this state, the lesser of:
(A) $1,500; or
(B) 35% of the purchase price of the vehicle; or
(ii) for the original purchase of a new qualifying plug-in hybrid vehicle that is
registered in this state, $1,000;
(b) for the original purchase of a new vehicle fueled by natural gas or propane that is
registered in this state, the lesser of:
(i) $1,500; or
(ii) 35% of the purchase price of the vehicle;
(c) 50% of the cost of equipment for conversion, if certified by the board, of a motor
vehicle registered in this state minus the amount of any clean fuel grant received, up to a
maximum tax credit of $1,500 per motor vehicle, if the motor vehicle is to:
(i) be fueled by propane, natural gas, or electricity;
(ii) be fueled by other fuel the board determines annually on or before July 1 to be at
least as effective in reducing air pollution as fuels under Subsection (2)(c)(i); or
(iii) meet the federal clean-fuel vehicle standards in the federal Clean Air Act
Amendments of 1990, 42 U.S.C. Sec. 7521 et seq.;
(d) 50% of the cost of equipment for conversion, if certified by the board, of a special
mobile equipment engine minus the amount of any clean fuel grant received, up to a maximum
tax credit of $1,000 per special mobile equipment engine, if the special mobile equipment is to
be fueled by:
(i) propane, natural gas, or electricity; or
(ii) other fuel the board determines annually on or before July 1 to be:
(A) at least as effective in reducing air pollution as the fuels under Subsection (2)(d)(i);
or
(B) substantially more effective in reducing air pollution than the fuel for which the
engine was originally designed; and
(e) for a lease of a vehicle described in Subsection (2)(a) or (b), an amount equal to the
product of:
(i) the amount of tax credit the taxpayer would otherwise qualify to claim under
Subsection (2)(a) or (b) had the taxpayer purchased the vehicle, except that the purchase price
described in Subsection (2)(a)(i)(B) or (2)(b)(ii) is considered to be the value of the vehicle at
the beginning of the lease; and
(ii) a percentage calculated by:
(A) determining the difference between the value of the vehicle at the beginning of the
lease, as stated in the lease agreement, and the value of the vehicle at the end of the lease, as
stated in the lease agreement; and
(B) dividing the difference determined under Subsection (2)(e)(ii)(A) by the value of
the vehicle at the beginning of the lease, as stated in the lease agreement.
(3) (a) The board shall:
(i) determine the amount of tax credit a taxpayer is allowed under this section; and
(ii) provide the taxpayer with a written certification of the amount of tax credit the
taxpayer is allowed under this section.
(b) A taxpayer shall provide proof of the purchase or lease of an item for which a tax
credit is allowed under this section by:
(i) providing proof to the board in the form the board requires by rule;
(ii) receiving a written statement from the board acknowledging receipt of the proof;
and
(iii) retaining the written statement described in Subsection (3)(b)(ii).
(c) A taxpayer shall retain the written certification described in Subsection (3)(a)(ii).
(4) Except as provided by Subsection (5), the tax credit under this section is allowed
only:
(a) against a tax owed under this chapter or Chapter 8, Gross Receipts Tax on Certain
Corporations Not Required to Pay Corporate Franchise or Income Tax Act, in the taxable year
by the taxpayer;
(b) for the taxable year in which a vehicle described in Subsection (2)(a) or (b) is
purchased, a vehicle described in Subsection (2)(e) is leased, or conversion equipment
described in Subsection (2)(c) or (d) is installed; and
(c) once per vehicle.
(5) A taxpayer may not assign a tax credit under this section to another person.
(6) If the amount of a tax credit claimed by a taxpayer under this section exceeds the
taxpayer's tax liability under this chapter or Chapter 8, Gross Receipts Tax on Certain
Corporations Not Required to Pay Corporate Franchise or Income Tax Act, for a taxable year,
the amount of the tax credit exceeding the tax liability may be carried forward for a period that
does not exceed the next five taxable years.
(7) In accordance with any rules prescribed by the commission under Subsection (8),
the commission shall transfer at least annually from the General Fund into the Education Fund
the amount by which the amount of tax credit claimed under this section for a taxable year
exceeds $500,000.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules for making a transfer from the General Fund into the Education
Fund as required by Subsection (7).
Section 8. Section 
59-10-1009
 is amended to read:
59-10-1009.
Definitions -- Tax credits related to energy efficient vehicles.
(1) As used in this section:
(a) "Air quality standards" means that a vehicle's emissions are equal to or cleaner than
the standards established in bin 4 in Table S04-1, of 40 C.F.R. 86.1811-04(c)(6).
(b) "Board" means the Air Quality Board created in Title 19, Chapter 2, Air
Conservation Act.
(c) "Certified by the board" means that:
(i) a motor vehicle on which conversion equipment has been installed meets the
following criteria:
(A) before the installation of conversion equipment, the vehicle does not exceed the
emission cut points for a transient test driving cycle, as specified in 40 C.F.R. Part 51,
Appendix E to Subpart S, or an equivalent test for the make, model, and year of the vehicle;
and
(B) as a result of the installation of conversion equipment on the motor vehicle, the
motor vehicle has reduced emissions; or
(ii) special mobile equipment on which conversion equipment has been installed has
reduced emissions.
(d) "Clean fuel grant" means a grant a claimant, estate, or trust receives under Title 19,
Chapter 1, Part 4, Clean Fuels and Vehicle Technology Program Act[
,
] 
or Title 19, Chapter 2,
Part 3, Conversion to Alternative Fuel Grant Program,
 for reimbursement of a portion of the
incremental cost of the OEM vehicle or the cost of conversion equipment.
(e) "Conversion equipment" means equipment referred to in Subsection (2)(c) or (d).
(f) "OEM vehicle" has the same meaning as in Section 
19-1-402
.
(g) "Original purchase" means the purchase of a vehicle that has never been titled or
registered and has been driven less than 7,500 miles.
(h) "Qualifying electric vehicle" means a vehicle that:
(i) meets air quality standards;
(ii) is not fueled by natural gas;
(iii) is fueled by electricity only; and
(iv) is an OEM vehicle except that the vehicle is fueled by a fuel described in
Subsection (1)(h)(iii).
(i) "Qualifying plug-in hybrid vehicle" means a vehicle that:
(i) meets air quality standards;
(ii) is not fueled by natural gas or propane;
(iii) has a battery capacity that meets or exceeds the battery capacity described in
Section 30D(b)(3), Internal Revenue Code; and
(iv) is fueled by a combination of electricity and:
(A) diesel fuel;
(B) gasoline; or
(C) a mixture of gasoline and ethanol.
(j) "Reduced emissions" means:
(i) for purposes of a motor vehicle on which conversion equipment has been installed,
that the motor vehicle's emissions of regulated pollutants, when operating on a fuel listed in
Subsection (2)(d)(i) or (ii), is less than the emissions were before the installation of the
conversion equipment, as demonstrated by:
(A) certification of the conversion equipment by the federal Environmental Protection
Agency or by a state that has certification standards recognized by the board;
(B) testing the motor vehicle, before and after installation of the conversion equipment,
in accordance with 40 C.F.R. Part 86, Control of Emissions from New and In-use Highway
Vehicles and Engines, using all fuel the motor vehicle is capable of using;
(C) for a retrofit natural gas vehicle that is retrofit in accordance with Section
19-1-406
, testing that as a result of the retrofit, the retrofit natural gas vehicle satisfies the
emission standards applicable under Section 
19-1-406
; or
(D) any other test or standard recognized by board rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; or
(ii) for purposes of special mobile equipment on which conversion equipment has been
installed, that the special mobile equipment's emissions of regulated pollutants, when operating
on fuels listed in Subsection (2)(d)(i) or (ii), is less than the emissions were before the
installation of conversion equipment, as demonstrated by:
(A) certification of the conversion equipment by the federal Environmental Protection
Agency or by a state that has certification standards recognized by the board; or
(B) any other test or standard recognized by board rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(k) "Special mobile equipment":
(i) means any mobile equipment or vehicle not designed or used primarily for the
transportation of persons or property; and
(ii) includes construction or maintenance equipment.
(2) For the taxable year beginning on or after January 1, 2015, but beginning on or
before December 31, 2015, a claimant, estate, or trust may claim a nonrefundable tax credit
against tax otherwise due under this chapter in an amount equal to:
(a) (i) for the original purchase of a new qualifying electric vehicle that is registered in
this state, the lesser of:
(A) $1,500; or
(B) 35% of the purchase price of the vehicle; or
(ii) for the original purchase of a new qualifying plug-in hybrid vehicle that is
registered in this state, $1,000;
(b) for the original purchase of a new vehicle fueled by natural gas or propane that is
registered in this state, the lesser of:
(i) $1,500; or
(ii) 35% of the purchase price of the vehicle;
(c) 50% of the cost of equipment for conversion, if certified by the board, of a motor
vehicle registered in this state minus the amount of any clean fuel [
conversion
] grant received,
up to a maximum tax credit of $1,500 per vehicle, if the motor vehicle:
(i) is to be fueled by propane, natural gas, or electricity;
(ii) is to be fueled by other fuel the board determines annually on or before July 1 to be
at least as effective in reducing air pollution as fuels under Subsection (2)(c)(i); or
(iii) will meet the federal clean fuel vehicle standards in the federal Clean Air Act
Amendments of 1990, 42 U.S.C. Sec. 7521 et seq.;
(d) 50% of the cost of equipment for conversion, if certified by the board, of a special
mobile equipment engine minus the amount of any clean fuel [
conversion
] grant received, up to
a maximum tax credit of $1,000 per special mobile equipment engine, if the special mobile
equipment is to be fueled by:
(i) propane, natural gas, or electricity; or
(ii) other fuel the board determines annually on or before July 1 to be:
(A) at least as effective in reducing air pollution as the fuels under Subsection (2)(d)(i);
or
(B) substantially more effective in reducing air pollution than the fuel for which the
engine was originally designed; and
(e) for a lease of a vehicle described in Subsection (2)(a) or (b), an amount equal to the
product of:
(i) the amount of tax credit the claimant, estate, or trust would otherwise qualify to
claim under Subsection (2)(a) or (b) had the claimant, estate, or trust purchased the vehicle,
except that the purchase price described in Subsection (2)(a)(i)(B) or (2)(b)(ii) is considered to
be the value of the vehicle at the beginning of the lease; and
(ii) a percentage calculated by:
(A) determining the difference between the value of the vehicle at the beginning of the
lease, as stated in the lease agreement, and the value of the vehicle at the end of the lease, as
stated in the lease agreement; and
(B) dividing the difference determined under Subsection (2)(e)(ii)(A) by the value of
the vehicle at the beginning of the lease, as stated in the lease agreement.
(3) (a) The board shall:
(i) determine the amount of tax credit a claimant, estate, or trust is allowed under this
section; and
(ii) provide the claimant, estate, or trust with a written certification of the amount of
tax credit the claimant, estate, or trust is allowed under this section.
(b) A claimant, estate, or trust shall provide proof of the purchase or lease of an item
for which a tax credit is allowed under this section by:
(i) providing proof to the board in the form the board requires by rule;
(ii) receiving a written statement from the board acknowledging receipt of the proof;
and
(iii) retaining the written statement described in Subsection (3)(b)(ii).
(c) A claimant, estate, or trust shall retain the written certification described in
Subsection (3)(a)(ii).
(4) Except as provided by Subsection (5), the tax credit under this section is allowed
only:
(a) against a tax owed under this chapter in the taxable year by the claimant, estate, or
trust;
(b) for the taxable year in which a vehicle described in Subsection (2)(a) or (b) is
purchased, a vehicle described in Subsection (2)(e) is leased, or conversion equipment
described in Subsection (2)(c) or (d) is installed; and
(c) once per vehicle.
(5) A claimant, estate, or trust may not assign a tax credit under this section to another
person.
(6) If the amount of a tax credit claimed by a claimant, estate, or trust under this
section exceeds the claimant's, estate's, or trust's tax liability under this chapter for a taxable
year, the amount of the tax credit exceeding the tax liability may be carried forward for a period
that does not exceed the next five taxable years.
(7) In accordance with any rules prescribed by the commission under Subsection (8),
the commission shall transfer at least annually from the General Fund into the Education Fund
the amount by which the amount of tax credit claimed under this section for a taxable year
exceeds $500,000.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules for making a transfer from the General Fund into the Education
Fund as required by Subsection (7).
Legislative Review Note
 as of 10-2-14 9:40 AM
Office of Legislative Research and General Counsel