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Councilmember Jack Evans
Councilmember Adrian Fenty
Councilmember David Catania
Chairman Linda Cropp
Councilmember Kevin Chavous
Councilmember Carol Schwartz
Councilmember Jim Graham
Councilmember Sharon Ambrose
Councilmember Sandy Allen
(3) "Alternative fueling facility" means a facility built or expanded by the taxpayer not for resale, the original use of which commences with the taxpayer, and which meets the following requirements:
(4) "Incremental Cost" means the difference between the manufacturer's suggested retail price for an alternative fuel vehicle and the manufacturer's suggested retail price for a gasoline or diesel fuel motor vehicle of the same model. If the same model is not available as gasoline or diesel powered, then the Mayor shall, by rule, identify a similar vehicle that uses gasoline or diesel fuel for calculating the incremental cost, taking into account the model, make, engine size, and options.
(5) "Motor vehicle" means any self-propelled vehicle required to be registered pursuant to Title 40 of the District of Columbia Code for operation upon the highways of the District of Columbia.
Sec. 3. Tax credit for purchase of alternative fuel vehicles.(a) With respect to tax years commencing on or after January 1, 2002, but prior to January 1, 2006, there shall be allowed to any person a tax credit for each alternative fuel vehicle purchased by such person.
(b)(1) The amount of the credit allowed pursuant to subsection (a) shall be equal 5 to 50% of the incremental cost and shall be applied against either the person's personal 6 income or franchise tax imposed by Title 47 of the District of Columbia Code.
(c) No more than one tax credit shall be granted pursuant to subsection (b) for any individual motor vehicle.
Sec. 4. Tax Credit for Construction of Fueling Facilities
(a) There shall be allowed to any person a tax credit for the construction or expansion of an alternative fueling facility. The credit shall be an amount equal to a percentage of the actual cost incurred by the person during the tax year for constructing, reconstructing, or expanding an alternative fueling facility that is directly attributable to the storage, compression, charging capability, or dispensing of alternative fuels to motor vehicles.
(b) A person may claim the following percentage of costs as a credit:
(c) For an alternative fueling facility that is generally accessible for use by the general public, the percentages in subsection (c) shall be increased by 10 percentage points.
(d) In no event shall any person claim a credit for all or any portion of the cost of construction, reconstruction, or acquiring an alternative fuel refueling facility, or any equipment used in connection with such facility, for which the person or any other person has previously claimed a credit pursuant to this act.
(e) The credits allowed by this section for any tax year shall not exceed the taxpayer's actual tax liability for such taxable year. If the amount of a credit allowed by this section exceeds the taxpayer's actual tax liability for any tax year in which the credit is claimed, such excess shall be an investment tax credit carryover to each of the five tax years following the unused credit year and shall be applied first to the earliest income tax years possible.
Sec. 5. Limitation on Yearly Tax Credits.
(a) The tax credits provided pursuant to sections 3 and 4 of this act are limited in the aggregate amount of $3.0 million per year, of which no more than $2 million shall be applied to fleet vehicles, $500,000 shall be applied to personal vehicles, and $500,000 to alternative fueling properties.
(b) The tax credits shall be provided on a first come basis, subject to section (a).
(c) The Mayor shall provide taxpayers with a letter or other formal indication that they qualify for a tax credit pursuant to this act.
Sec. 6. Miscellaneous.
(a) The basis of the property for which a credit is allowed pursuant to this act shall be reduced by the amount of such credit taken.
(b) The Mayor shall, by rule, provide for the recapturing of any credit with respect to any alternative fueling facility which ceases to be used for such purposes within 5 years of the year the credit is first taken.
(c) The Mayor shall promulgate rules for the implementation of this act.
Sec. 7. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).
Sec. 8. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)),, a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.
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