Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 340 (2018GS)

Sponsor

Rep. Sagers, D.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that a high cost infrastructure project includes a hydrogen fuel production or distribution project; and
• makes technical changes.

Every vote on this bill

Bill text

HIGH COST INFRASTRUCTURE TAX CREDIT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas V. Sagers
Senate Sponsor: 
 Daniel W. Thatcher
LONG TITLE
General Description:
This bill modifies provisions relating to the High Cost Infrastructure Tax Credit Act.
Highlighted Provisions:
This bill:
▸ provides that a high cost infrastructure project includes a hydrogen fuel production
or distribution project; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides retrospective operation.
Utah Code Sections Affected:
AMENDS:
63M-4-602
, as last amended by Laws of Utah 2016, Chapter 348
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63M-4-602
 is amended to read:
63M-4-602.
Definitions.
As used in this part:
(1) "Applicant" means a person that conducts business in the state and that applies for a
tax credit under this part.
(2) "Fuel standard compliance project" means a project designed to retrofit a fuel
refinery in order to make the refinery capable of producing fuel that complies with the United
States Environmental Protection Agency's Tier 3 gasoline sulfur standard described in 40
C.F.R. Sec. 79.54.
(3) "High cost infrastructure project" means a project:
(a) (i) that expands or creates new industrial, mining, manufacturing, or agriculture
activity in the state, not including a retail business; or
(ii) that involves new investment of at least $50,000,000 in an existing industrial,
mining, manufacturing, or agriculture entity, by the entity;
(b) that requires or is directly facilitated by infrastructure construction; and
(c) for which the cost of infrastructure construction to the entity creating the project is
greater than:
(i) 10% of the total cost of the project; or
(ii) $10,000,000.
(4) "Infrastructure" means:
(a) an energy delivery project as defined in Section 
63H-2-102
;
(b) a railroad as defined in Section 
54-2-1
;
(c) a fuel standard compliance project;
(d) a road improvement project;
(e) a water self-supply project;
(f) a water removal system project; [
or
]
(g) a project that is designed to:
(i) increase the capacity for water delivery to a water user in the state; or
(ii) increase the capability of an existing water delivery system or related facility to
deliver water to a water user in the state[
.
]
; or
(h) a hydrogen fuel production or distribution project.
(5) (a) "Infrastructure cost-burdened entity" means an applicant that enters into an
agreement with the office that qualifies the applicant to receive a tax credit as provided in this
part.
(b) "Infrastructure cost-burdened entity" includes a pass-through entity taxpayer, as
defined in Section 
59-10-1402
, of a person described in Subsection (5)(a).
(6) "Infrastructure-related revenue" means an amount of tax revenue, for an entity
creating a high cost infrastructure project, in a taxable year, that is directly attributable to a high
cost infrastructure project, under:
(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
(b) Title 59, Chapter 10, Individual Income Tax Act; and
(c) Title 59, Chapter 12, Sales and Use Tax Act.
(7) "Office" means the Office of Energy Development created in Section 
63M-4-401
.
(8) "Tax credit" means a tax credit under Section 
59-7-619
 or 
59-10-1034
.
(9) "Tax credit certificate" means a certificate issued by the office to an infrastructure
cost-burdened entity that:
(a) lists the name of the infrastructure cost-burdened entity;
(b) lists the infrastructure cost-burdened entity's taxpayer identification number;
(c) lists, for a taxable year, the amount of the tax credit authorized for the infrastructure
cost-burdened entity under this part; and
(d) includes other information as determined by the office.
Section 2. 
Retrospective operation.
This bill has retrospective operation for a taxable year beginning on or after January 1,
2018.
Legislative Review Note
Office of Legislative Research and General Counsel