Bill Text: PA HB1675 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for an electric vehicle charging corridor tax credit; and imposing penalties.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2011-06-16 - Referred to FINANCE [HB1675 Detail]

Download: Pennsylvania-2011-HB1675-Introduced.html

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PRINTER'S NO. 2119
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1675 Session of2011
INTRODUCED BY COHEN, B. BOYLE, CALTAGIRONE, FABRIZIO, FREEMAN, HARHAI, JOHNSON, JOSEPHS, LONGIETTI, M. O'BRIEN, READSHAW, SANTONI, THOMAS, VITALI AND WAGNER, JUNE 16, 2011
REFERRED TO COMMITTEE ON FINANCE, JUNE 16, 2011
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," providing for an electric vehicle charging
corridor tax credit; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971, is amended by adding an article to
read:
ARTICLE XVII-G
ELECTRIC VEHICLE CHARGING CORRIDOR TAX CREDIT
Section 1701-G. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A company which meets the eligibility
requirements for the tax credit under this article.
"Committee." The Electric Vehicle Charging Corridor Tax
Credit Committee.
"Company." An entity doing business in this Commonwealth
which is subject to tax under Article III, IV or VI. The term
shall include the shareholder of a Pennsylvania S corporation
that is eligible for the tax credit under this article.
"Department." The Department of Revenue of the Commonwealth.
"Electric vehicle charging corridor tax credit." Tax credits
for which the Department of Revenue has issued a certificate
under this article.
"Electric vehicle charging station." A facility that charges
electric vehicles.
"Eligible corridor." The portions of I-76, I-78, I-79, I-80,
I-81 and I-83 within the boundaries of this Commonwealth.
"Secretary." The Secretary of Revenue of the Commonwealth.
"Start date." The date on which the company may begin the
company's infrastructure plan for electric vehicle charging
stations.
Section 1702-G. Eligibility.
In order to be eligible to receive an electric vehicle
charging corridor tax credit, a company must demonstrate to the
department the following:
(1) A comprehensive plan to build one or more electric
vehicle charging stations.
(2) The stations must be open to the public.
(3) The stations must be located within two miles of an
eligible corridor.
Section 1703-G. Application process.
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(a) Application.--A company must complete and submit to the
department an electric vehicle charging corridor tax credit
application.
(b) Committee approval process.--
(1) The Electric Vehicle Charging Corridor Tax Credit
Committee is established and shall be made up of members
designated by the following, except that none of the
following may be designees:
(i) The Secretary of Community and Economic
Development of the Commonwealth.
(ii) The Secretary of Transportation of the
Commonwealth.
(iii) The secretary.
(iv) The Secretary of Environmental Protection.
(2) Once applications have been filed with the
department, the committee shall review all applications and
rank applications according to the total number of electric
vehicle charging stations proposed to be built along a single
eligible corridor or a continuous travel route utilizing only
the eligible corridors, with a spacing of at least 50 miles
and no more than 100 miles from another electric vehicle
charging station within two miles of the eligible corridor.
(c) Approval.--Once applications are ranked by the
committee, the department shall approve the companies'
applications according to their discretion and availability of
electric vehicle charging corridor tax credits. The department
and the company shall execute a commitment letter containing the
following:
(1) A description of the electric vehicle charging
infrastructure plan.
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(2) The amount of private capital investment in the
electric vehicle charging infrastructure plan.
(3) A signed statement that the company intends to
complete its electric vehicle charging infrastructure plan
within 18 months.
(4) Any other information as the department deems
appropriate.
(d) Commitment letter.--After a commitment letter has been
signed by the Commonwealth and the company, the company shall
receive an electric vehicle charging corridor tax credit
certificate and filing information.
Section 1704-G. Electric vehicle charging corridor tax credits.
(a) Maximum amount.--A company may claim an electric vehicle
charging corridor tax credit for up to 50% of the total cost of
the electric vehicle charging station to an existing station
which sells gasoline. For the purposes of this subsection, the
total cost may not exceed $500,000.
(b) Applicable taxes.--A company may apply the electric
vehicle charging corridor tax credit to 100% of all or a
combination of any of the following taxes of the company:
(1) State corporate net income tax.
(2) Capital stock and franchise tax or the capital stock
and franchise tax of a shareholder of the company if the
company is a Pennsylvania S corporation.
(3) Gross premiums tax.
(4) Gross receipts tax.
(5) Bank and trust company shares tax.
(6) Mutual thrift institution tax.
(7) Title insurance company shares tax.
(8) Personal income tax or the personal income tax of
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shareholders of a Pennsylvania S corporation.
(c) Term.--A company may claim the electric vehicle charging
corridor tax credit in one year or spread the credit over a
period determined by the department but not to exceed five years
from the date the company first submits a certificate.
(d) Sale or assignment.--
(1) An electric vehicle charging corridor tax credit
recipient, upon application to and approval by the
department, may sell or assign, in whole or in part, an
electric vehicle charging corridor tax credit granted to the
recipient if no claim for allowance of the credit is filed
within one year from the date the credit is granted by the
department.
(2) The purchaser or assignee of an electric vehicle
charging corridor tax credit shall immediately claim the
credit in the taxable year in which the purchase or
assignment is made. The purchaser or assignee may not carry
back, obtain a refund of or sell or assign the electric
vehicle charging corridor tax credit. The purchaser or
assignee shall notify the department of the seller or
assignor of the electric vehicle charging corridor tax credit
in compliance with procedures specified by the department.
(3) The department shall promulgate guidelines for the
approval of applications under this subsection.
(e) Availability.--Each fiscal year, $5,000,000 in electric
vehicle charging corridor tax credits shall be made available to
the department and may be awarded by the department in
accordance with this article.
Section 1705-G. Penalties.
A company which receives electric vehicle charging corridor
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tax credits and fails to operate the electric vehicle charging
station for which it received the tax credits for a period of
five years from the start date shall refund to the Commonwealth
the total amount of credits granted.
Section 1706-G. Report to General Assembly.
No later than June 1, 2012, and each June 1 thereafter, the
department shall submit a report on the electric vehicle
charging corridor tax credits granted under this article. The
report shall include the names of taxpayers who utilized the
credit as of the date of the report and the amount of credits
approved. The report may include recommendations for changes in
the calculation or administration of the electric vehicle
charging corridor tax credit and other information as the
department deems appropriate. The report shall be submitted to
all of the following:
(1) The chairman and minority chairman of the
Appropriations Committee of the Senate.
(2) The chairman and minority chairman of the
Appropriations Committee of the House of Representatives.
(3) The chairman and minority chairman of the Finance
Committee of the Senate.
(4) The chairman and the minority chairman of the
Finance Committee of the House of Representatives.
Section 1707-G. Time limitations.
A company shall not be entitled to an electric vehicle
charging corridor tax credit for taxable years ending after
December 31, 2016.
Section 1708-G. Regulations.
The secretary shall promulgate regulations necessary for the
implementation and administration of this article.
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Section 2. This act shall take effect in 60 days.
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