First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0814.01 John Hershey HOUSE BILL 05-1290 HOUSE SPONSORSHIP Pommer, SENATE SPONSORSHIP Tupa, House Committees Senate Committees Transportation & Energy Finance A BILL FOR AN ACT Concerning incentives to increase the use of vehicles that use alternative fuels, and, in connection therewith, extending the income tax credit for the purchase of certain alternative fuel vehicles and allowing alternative fuel vehicles to be operated on publicly financed toll highways and toll lanes without paying tolls. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Maintains the amount of the tax credit for the purchase of low-emitting vehicles using alternative fuels, which would otherwise be reduced in the year 2006, until the year 2009. Extends the amount of the credit, which would otherwise expire in the year 2009, to the year 2011. States that hybrid vehicles and inherently low-emission vehicles may be operated on a publicly financed toll highway or toll lane without payment of a toll. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 39-22-516 (2.5) (d) (I), Colorado Revised Statutes, is amended to read: 39-22-516. Tax credit for purchase of vehicles using alternative fuels. (2.5) (d) (I) For the purposes of paragraph (c) of this subsection (2.5), except as otherwise provided in subparagraph (II) of this paragraph (d), the percentage of the difference in actual cost incurred or the percentage of the actual cost incurred that may be claimed as a credit pursuant to paragraph (b) of this subsection (2.5) shall be as follows: Certification level: Tax years commencing on or after July 1, 1998, but prior to July 1, 2006: Tax years commencing on or after July 1, 2006, but prior to July 1, 2009: Tax years commencing on or after July 1, 2009, but prior to July 1, 2011: Low-emitting vehicle 50% 25% 50% 0% 25% Ultra-low-emitting vehicle or inherently low-emitting vehicle 75% 50% 25% Zero-emitting vehicle 85% 75% 50% SECTION 2. Part 10 of article 4 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-4-1014. Toll highways and toll lanes - public highways - hybrid vehicles - definitions. (1) A motor vehicle with a gross vehicle weight of twenty-six thousand pounds or less that is either an inherently low-emission vehicle or a hybrid vehicle may be operated without payment of a toll on a publicly financed toll highway or toll lane. This section shall apply to hybrid vehicles only if its application does not affect the receipt of federal funds and does not violate any federal laws or regulations. (2) As used in this section, unless the context otherwise requires: (a) "Hybrid vehicle" has the same meaning as set forth in section 39-22-516 (2.5) (a) (II.5), C.R.S. (b) "Inherently low-emission vehicle" or "ILEV" means: (I) A light-duty vehicle or light-duty truck, regardless of whether such vehicle or truck is part of a motor vehicle fleet, that has been certified by the federal environmental protection agency as conforming to the ILEV guidelines, procedures, and standards as published in the federal register at 58 FR 11888 (March 1, 1993) and 59 FR 50042 (September 30, 1994), as amended from time to time; and (II) A heavy-duty vehicle powered by an engine that has been certified as set forth in subparagraph (I) of this paragraph (b). (c) "Publicly financed toll highway or toll lane" means a toll highway or toll lane that is constructed using moneys to the credit of the department of transportation. (3) No person shall operate a vehicle on a publicly financed toll highway or toll lane pursuant to this section unless the vehicle meets all applicable federal emission standards set forth in 40 CFR 88.311-93, as amended from time to time, or is a hybrid vehicle. (4) The department of transportation shall promulgate rules in accordance with article 4 of title 24, C.R.S., establishing a procedure for a vehicle that is operated on a publicly financed toll highway or toll lane pursuant to this section to be identified by means of a transponder or other device recognized by the toll collection system. (5) The department of transportation and local authorities, with respect to streets and highways under their respective jurisdictions, shall provide information via official traffic control devices to indicate that ILEVs and hybrid vehicles may be operated on publicly financed toll highways and toll lanes pursuant to this section. (6) This section shall not be effective on a particular highway or lane to the extent that its effect would disqualify the state from receiving federal highway funds that the state would otherwise qualify to receive or to the extent the state would be required to refund federal transportation grant funds it has already received, as formally determined by the United States secretary of transportation. SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 10, 2005, if adjournment sine die is on May 11, 2005); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.