BY REPRESENTATIVES Agler, Adkins, Bacon, Grampsas, Reeser, Snyder, Tucker, Zimmerman, Musgrave, Swenson, Udall, and Young;
also SENATORS Ament, Blickensderfer, Phillips, Bishop,
Hernandez, Pascoe, Perlmutter, and Tebedo.
CONCERNING THE PROMOTION OF ALTERNATIVE FUEL USE
FOR TRANSPORTATION PURPOSES, AND, IN CONNECTION THEREWITH, ELIMINATING
THE AUTOMATIC REPEAL DATE FOR THE ALTERNATIVE FUELS INCOME TAX
CREDIT, MODIFYING THE PROVISIONS OF SAID TAX CREDIT, ADDING AN
INCOME TAX CREDIT FOR ALTERNATIVE FUEL REFUELING FACILITIES, ESTABLISHING
A REBATE PROGRAM FOR GOVERNMENTAL AND TAXEXEMPT ENTITIES
THAT USE ALTERNATIVE FUEL VEHICLES, AND MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 257106.8
(1) (a), Colorado Revised Statutes, is amended to read:
257106.8. Colorado clean
vehicle fleet program. (1) As
used in this section, unless the context otherwise requires:
(a) "Alternative fuel" means
compressed natural gas, propane, ETHANOL, OR ANY MIXTURE OF ETHANOL
CONTAINING EIGHTYFIVE PERCENT OR MORE ETHANOL BY VOLUME
WITH GASOLINE OR OTHER FUELS, electricity, or any other fuels,
which fuels may include, but are not limited to, clean diesel
and reformulated gasoline so long as these other fuels make comparable
reductions in carbon monoxide emissions and brown cloud pollutants
as determined by the air quality control commission.
SECTION 2. 3922516,
Colorado Revised Statutes, is amended to read:
3922516. Tax credit for
business vehicles using alternative fuels and alternative fuel
refueling facilities repeal.
(1) Repealed.
(2) (a) With respect to taxable years
commencing on or after July 1, 1994, there shall be allowed to
any person a credit against the tax imposed by this article in
the amount of five percent of the purchase price of each car or
truck licensed in Colorado which
THAT uses or is converted within one hundred twenty days of the
date of delivery to use cleanburning alternative fuel purchased
by such person during the taxable year; except that such credit
shall not exceed fifty percent of the actual cost of such conversion
or of an original equipment manufacturer's fuel system option
which
THAT results in the conversion of such vehicle to use cleanburning
alternative fuel. The number of cars or trucks on which the tax
credit may be claimed shall be limited to a total of fifty cars
or trucks for each taxable year. For the purposes of this subsection
(2), "cleanburning alternative fuel" means natural
gas, liquefied petroleum gas, a fuel mixture containing not less
than eightyfive percent ethanol or methanol, electricity,
or any other alternative fuel approved by the air quality control
commission pursuant to section 257106.9 (1), C.R.S.
(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE
JULY 1, 1998.
(2.5) (a) AS USED IN THIS SUBSECTION
(2.5), UNLESS THE CONTEXT OTHERWISE REQUIRES:
(I) "ALTERNATIVE FUEL" MEANS
AN ALTERNATIVE FUEL AS DEFINED IN SECTION 257106.8
(1) (a), C.R.S.
(II) "CLEAN FUEL FLEET PROGRAM"
MEANS THE COLORADO CLEAN VEHICLE FLEET PROGRAM SET FORTH IN SECTION
257106.8, C.R.S., AND THE CLEAN FUEL FLEET PROGRAM
SET FORTH IN THE REGULATIONS OF THE AIR QUALITY CONTROL COMMISSION.
(III) "MOTOR VEHICLE" MEANS
ANY SELFPROPELLED VEHICLE REQUIRED TO BE LICENSED OR SUBJECT
TO LICENSING FOR OPERATION UPON THE HIGHWAYS OF THIS STATE.
(IV) "NEAR ZEROEMITTING VEHICLE"
MEANS A MOTOR VEHICLE EXHIBITING EMISSIONS CHARACTERISTICS THAT
ARE NEAR THOSE OF A ZEROEMITTING VEHICLE. TO QUALIFY AS
A NEAR ZEROEMITTING VEHICLE, A MOTOR VEHICLE MUST MEET AT
LEAST ONE OF THE FOLLOWING MINIMUM REQUIREMENTS:
(A) THE VEHICLE MUST BE CERTIFIED BY THE
FEDERAL ENVIRONMENTAL PROTECTION AGENCY AS MEETING AN EMISSION
STANDARD BETWEEN THE ULTRALOWEMITTING VEHICLE EMISSION
STANDARD AND THE ZEROEMITTING VEHICLE EMISSION STANDARD;
OR
(B) THE VEHICLE MUST BE CERTIFIED BY THE
FEDERAL ENVIRONMENTAL PROTECTION AGENCY AS MEETING THE FEDERAL
ULTRALOWEMITTING VEHICLE EMISSION STANDARD AND MUST
BE CERTIFIED BY ANY STATE AS PROVIDED IN THE "FEDERAL CLEAN
AIR ACT" TO AN EMISSION STANDARD BETWEEN THE ULTRALOWEMITTING
VEHICLE EMISSION STANDARD AND THE ZEROEMITTING VEHICLE EMISSION
STANDARD.
(V) "POWER SOURCE" MEANS THE
ENGINE OR MOTOR AND ASSOCIATED WIRING, FUEL LINES, ENGINE COOLANT
SYSTEM, FUEL STORAGE CONTAINERS, AND MISCELLANEOUS COMPONENTS.
(VI) "TRADITIONAL FUEL" MEANS
A PETROLEUMBASED MOTOR FUEL COMMONLY USED ON THE HIGHWAYS
OF THIS STATE IN THE YEAR 1994.
(VII) "USES AN ALTERNATIVE FUEL"
OR "TO USE AN ALTERNATIVE FUEL" MEANS TO OPERATE SOLELY
ON AN ALTERNATIVE FUEL, TO OPERATE ON BOTH AN ALTERNATIVE FUEL
AND A TRADITIONAL FUEL, OR TO OPERATE ALTERNATELY ON A TRADITIONAL
FUEL AND AN ALTERNATIVE FUEL.
(b) WITH RESPECT TO TAX YEARS COMMENCING
ON OR AFTER JULY 1, 1998, BUT PRIOR TO JULY 1, 2006, THERE SHALL
BE ALLOWED TO ANY PERSON A CREDIT AGAINST THE TAX IMPOSED BY THIS
ARTICLE FOR EACH MOTOR VEHICLE OWNED BY SUCH PERSON THAT:
(I) IS TITLED AND REGISTERED IN THE STATE
OF COLORADO;
(II) IS USED IN CONNECTION WITH A BUSINESS;
AND
(III) USES OR IS CONVERTED TO USE AN ALTERNATIVE
FUEL OR HAS ITS POWER SOURCE REPLACED WITH A POWER SOURCE THAT
USES AN ALTERNATIVE FUEL.
(c) THE AMOUNT OF THE CREDIT ALLOWED PURSUANT
TO THIS SUBSECTION (2.5) SHALL BE AN AMOUNT EQUAL TO THE PERCENTAGE,
AS SET FORTH IN PARAGRAPH (d) OF THIS SUBSECTION (2.5), OF THE
FOLLOWING:
(I) THE DIFFERENCE BETWEEN THE ACTUAL
COST INCURRED BY SUCH PERSON DURING THE TAX YEAR IN PURCHASING
A MOTOR VEHICLE THAT USES AN ALTERNATIVE FUEL AND THE COST OF
THE SAME MOTOR VEHICLE THAT USES A TRADITIONAL FUEL OR, IF THE
SAME VEHICLE IS NOT AVAILABLE, THEN THE COST OF THE MOST SIMILAR
VEHICLE, TAKING INTO ACCOUNT THE MODEL, MAKE, ENGINE SIZE, AND
OPTIONS, THAT USES A TRADITIONAL FUEL;
(II) THE DIFFERENCE BETWEEN THE ACTUAL
COST INCURRED BY SUCH PERSON DURING THE TAX YEAR IN REPLACING
AN EXISTING POWER SOURCE IN A MOTOR VEHICLE THAT USES A TRADITIONAL
FUEL WITH A POWER SOURCE THAT USES AN ALTERNATIVE FUEL AND THE
COST OF REPLACING THE EXISTING POWER SOURCE IN THE MOTOR VEHICLE
WITH THE SAME TYPE OF POWER SOURCE THAT USES A TRADITIONAL FUEL;
OR
(III) THE ACTUAL COST INCURRED BY SUCH
PERSON DURING THE TAX YEAR IN CONVERTING THE MOTOR VEHICLE TO
A FUEL SYSTEM THAT USES AN ALTERNATIVE FUEL.
(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, 2001 | Tax years commencing on or after July 1, 2001, but prior to July 1, 2004 | Tax years commencing on or after July 1, 2004, but prior to July 1, 2006 |
Lowemitting vehicle | |||
Ultralowemitting vehicle or | |||
inherently lowemitting vehicle | |||
Zeroemitting vehicle | 85% | 75% |
(II) FOR A MOTOR VEHICLE PURCHASE OR POWER
SOURCE REPLACEMENT THAT PERMANENTLY DISPLACES A MOTOR VEHICLE
OR POWER SOURCE THAT IS TEN YEARS OLD OR OLDER, THE PERCENTAGE
SPECIFIED IN SUBPARAGRAPH (I) THAT MAY BE CLAIMED PURSUANT TO
THIS PARAGRAPH (d) SHALL BE MULTIPLIED BY TWO, BUT IN NO EVENT
SHALL THE PERCENTAGE EXCEED ONE HUNDRED PERCENT. FOR THE PURPOSES
OF THIS SUBPARAGRAPH (II), "PERMANENTLY DISPLACES A MOTOR
VEHICLE OR POWER SOURCE" MEANS THE VEHICLE OR POWER SOURCE
BEING REPLACED BY THE ALTERNATIVE FUEL VEHICLE OR POWER SOURCE
WILL NO LONGER BE OPERATED UPON THE HIGHWAYS OF THIS STATE.
(e) THE CERTIFICATION LEVELS SET FORTH
IN PARAGRAPH (d) OF THIS SUBSECTION (2.5) SHALL HAVE THE SAME
MEANING AS SET FORTH IN THE AIR QUALITY CONTROL COMMISSION REGULATIONS
GOVERNING THE CLEAN FUEL FLEET PROGRAM.
(f) A NEAR ZEROEMITTING VEHICLE
SHALL BE TREATED AS A ZEROEMITTING VEHICLE FOR ALL PURPOSES
UNDER THIS SUBSECTION (2.5).
(g) FOR A MOTOR VEHICLE THAT WAS NOT USED
SOLELY AND EXCLUSIVELY FOR BUSINESS PURPOSES DURING THE TAX YEAR
FOR WHICH A CREDIT IS CLAIMED, THE AMOUNT OF THE CREDIT ALLOWED
PURSUANT TO THIS SUBSECTION (2.5) SHALL BE PRORATED IN PROPORTION
TO THE PERCENTAGE OF TIME DURING THE TAX YEAR THAT THE MOTOR VEHICLE
WAS USED FOR BUSINESS PURPOSES.
(h) NO MORE THAN ONE TAX CREDIT SHALL
BE GRANTED PURSUANT TO PARAGRAPH (d) OF THIS SUBSECTION (2.5)
FOR ANY INDIVIDUAL MOTOR VEHICLE.
(i) A MOTOR VEHICLE, CONVERSION, OR POWER
SOURCE CERTIFIED TO THE LOWEMITTING VEHICLE EMISSIONS STANDARD
THAT IS PURCHASED BY A PERSON COVERED BY THE CLEAN FUEL FLEET
PROGRAM IN ORDER TO SATISFY THE MINIMUM REQUIREMENTS OF SUCH PROGRAM
SHALL NOT BE ELIGIBLE FOR A CREDIT PURSUANT TO THIS SUBSECTION
(2.5).
(2.7) (a) AS USED IN THIS SUBSECTION
(2.7), UNLESS THE CONTEXT OTHERWISE REQUIRES:
(I) "ALTERNATIVE FUEL" SHALL
HAVE THE SAME MEANING AS SET FORTH IN TITLE III OF THE FEDERAL
"ENERGY POLICY ACT OF 1992", PUBLIC LAW 102486,
AS AMENDED.
(II) "RENEWABLE ENERGY SOURCE"
MEANS AN ALTERNATIVE FUEL THAT COMES FROM A SOURCE THAT IS NOT
DEPLETED WITH USE OR THAT CAN BE REPLENISHED INDEFINITELY; INCLUDING
SOLAR, WIND, HYDROPOWER, BIOMASS, GEOTHERMAL, OR OTHER SIMILAR
SOURCE. ALTERATIVE FUELS FROM A RENEWABLE ENERGY SOURCE SHALL
INCLUDE ETHANOL FROM BIOMASS, NATURAL GAS FROM WASTE TREATMENT
PLANTS OR LANDFILLS, ELECTRICITY FROM WIND, SOLAR, OR HYDRO POWER,
AND OTHER ALTERNATIVE FUELS FROM SIMILAR SOURCES IN CONFORMANCE
WITH THIS SUBPARAGRAPH (II) AS DESIGNATED BY THE AIR QUALITY CONTROL
COMMISSION.
(b) WITH RESPECT TO TAX YEARS COMMENCING
ON OR AFTER JANUARY 1, 1998, BUT PRIOR TO JANUARY 1, 2006, THERE
SHALL BE ALLOWED TO ANY PERSON A CREDIT AGAINST THE TAX IMPOSED
BY THIS ARTICLE IN AN AMOUNT EQUAL TO A PERCENTAGE, AS DETERMINED
PURSUANT TO PARAGRAPH (c) OF THIS SUBSECTION (2.7), OF THE ACTUAL
COST INCURRED BY THE PERSON DURING THE TAX YEAR IN CONSTRUCTING,
RECONSTRUCTING, OR ACQUIRING AN ALTERNATIVE FUEL REFUELING FACILITY
THAT IS DIRECTLY ATTRIBUTABLE TO THE STORAGE, COMPRESSION, CHARGING,
OR DISPENSING OF ALTERNATIVE FUELS TO MOTOR VEHICLES.
(c) A PERSON MAY CLAIM THE FOLLOWING PERCENTAGE
OF COSTS DESCRIBED IN PARAGRAPH (b) OF THIS SUBSECTION (2.7) AS
A CREDIT PURSUANT TO THIS SUBSECTION (2.7):
(I) FIFTY PERCENT OF THE COSTS INCURRED
ON OR AFTER JANUARY 1, 1998, BUT PRIOR TO JANUARY 1, 2001;
(II) THIRTYFIVE PERCENT OF THE COSTS
INCURRED ON OR AFTER JANUARY 1, 2001, BUT PRIOR TO JANUARY 1,
2004;
(III) TWENTY PERCENT OF THE COSTS INCURRED
ON OR AFTER JANUARY 1, 2004, BUT PRIOR TO JULY 1, 2006.
(d) FOR AN ALTERNATIVE FUEL REFUELING
FACILITY THAT WILL BE GENERALLY ACCESSIBLE FOR USE BY PERSONS
IN ADDITION TO THE PERSON CLAIMING THE CREDIT, THE PERCENTAGE
THAT MAY BE CLAIMED IN PARAGRAPH (c) SHALL BE MULTIPLIED BY ONE
AND ONEFOURTH.
(e) FOR AN ALTERNATIVE FUEL REFUELING
FACILITY THAT DISPENSES AN ALTERNATIVE FUEL DERIVED FROM A RENEWABLE
ENERGY SOURCE, THE PERCENTAGE CREDIT THAT MAY BE CLAIMED PURSUANT
TO PARAGRAPH (c) OF THIS SUBSECTION (2.7) SHALL BE MULTIPLIED
BY ONE AND ONEFOURTH. FOR A PERSON TO RECEIVE A HIGHER
PERCENTAGE CALCULATED PURSUANT TO THIS PARAGRAPH (e), SUCH PERSON
SHALL PROVIDE CERTIFICATION THAT AT LEAST SEVENTY PERCENT OF THE
ALTERNATIVE FUEL DISPENSED EACH YEAR BY THE REFUELING FACILITY
WILL BE DERIVED FROM A RENEWABLE ENERGY SOURCE FOR TEN YEARS.
(f) A PERSON MAY ELECT TO CLAIM AN INCREASED
PERCENTAGE CREDIT PURSUANT TO EITHER PARAGRAPH (d) OR (e) OF THIS
SUBSECTION (2.7); EXCEPT THAT IN NO EVENT MAY BOTH BE RELIED UPON
TO INCREASE THE CREDIT.
(g) THE AGGREGATE AMOUNT OF CREDIT CLAIMED
BY A PERSON FOR ANY ONE ALTERNATIVE FUEL REFUELING FACILITY PURSUANT
TO THIS SUBSECTION (2.7) SHALL NOT EXCEED FOUR HUNDRED THOUSAND
DOLLARS DURING ANY PERIOD OF FIVE CONSECUTIVE TAX YEARS.
(h) IN NO EVENT SHALL ANY PERSON CLAIM
A CREDIT FOR ALL OR ANY PORTION OF THE COST OF CONSTRUCTING, RECONSTRUCTING,
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
SUBSECTION (2.7).
(3) The credit
CREDITS allowed by this section for any income 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 income tax year in
which the car or truck investment
credit is claimed, referred to in this subsection (3) as the "unused
credit year", such excess shall be an investment tax credit
carryover to each of the three
FIVE income tax years following the unused credit year and shall
be applied first to the earliest income tax years possible.
(4) This section is repealed, effective
July 1, 1998
2011.
(5) IF ANY PROVISION OF THIS SECTION OR
THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD
INVALID, SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT
THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS
OF THIS SECTION ARE DECLARED TO BE SEVERABLE.
SECTION 3. Title
39, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW ARTICLE to read:
ARTICLE 33
Alternative Fuels Rebate
3933101. Definitions. AS
USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "ALTERNATIVE FUEL" MEANS
AN ALTERNATIVE FUEL AS DEFINED IN SECTION 257106.8
(1) (a), C.R.S.
(2) "CLEAN FUEL FLEET PROGRAM"
MEANS THE COLORADO CLEAN VEHICLE FLEET PROGRAM SET FORTH IN SECTION
257106.8, C.R.S., AND THE CLEAN FUEL FLEET PROGRAM
SET FORTH IN THE REGULATIONS OF THE AIR QUALITY CONTROL COMMISSION.
(3) "EXECUTIVE DIRECTOR" MEANS
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE.
(4) "MOTOR VEHICLE" MEANS ANY
SELFPROPELLED VEHICLE REQUIRED TO BE LICENSED OR SUBJECT
TO LICENSING FOR OPERATION UPON THE HIGHWAYS OF THIS STATE.
(5) "NEAR ZEROEMITTING VEHICLE"
MEANS A MOTOR VEHICLE EXHIBITING EMISSIONS CHARACTERISTICS THAT
ARE NEAR THOSE OF A ZEROEMITTING VEHICLE. TO QUALIFY AS
A NEAR ZEROEMITTING VEHICLE, A MOTOR VEHICLE MUST MEET AT
LEAST ONE OF THE FOLLOWING MINIMUM REQUIREMENTS:
(a) THE VEHICLE MUST BE CERTIFIED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY AS MEETING AN EMISSION STANDARD BETWEEN THE ULTRALOWEMITTING VEHICLE EMISSION STANDARD AND THE ZEROEMITTING VEHICLE EMISSION STANDARD; OR
(b) THE VEHICLE MUST BE CERTIFIED BY THE
FEDERAL ENVIRONMENTAL PROTECTION AGENCY AS MEETING THE FEDERAL
ULTRALOWEMITTING VEHICLE EMISSION STANDARD AND MUST
BE CERTIFIED BY ANY STATE AS PROVIDED IN THE "FEDERAL CLEAN
AIR ACT" TO AN EMISSION STANDARD BETWEEN THE ULTRALOWEMITTING
VEHICLE EMISSION STANDARD AND THE ZEROEMITTING VEHICLE EMISSION
STANDARD.
(6) "POWER SOURCE" MEANS THE
ENGINE OR MOTOR AND ASSOCIATED WIRING, FUEL LINES, ENGINE COOLANT
SYSTEM, FUEL STORAGE CONTAINERS, AND MISCELLANEOUS COMPONENTS.
(7) "QUALIFIED ENTITY" MEANS:
(a) THE STATE, ANY COUNTY, MUNICIPALITY,
CITY AND COUNTY, DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE
STATE OF COLORADO, AND ANY INSTITUTION, DEPARTMENT, AGENCY, OR
AUTHORITY THEREOF;
(b) A PERSON, ORGANIZATION, OR OTHER NONGOVERNMENTAL
ENTITY THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER THE PROVISIONS
OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED.
(8) "TRADITIONAL FUEL" MEANS
A PETROLEUMBASED MOTOR FUEL COMMONLY USED ON THE HIGHWAYS
OF THIS STATE IN THE YEAR 1994.
(9) "USES AN ALTERNATIVE FUEL"
OR "TO USE AN ALTERNATIVE FUEL" MEANS TO OPERATE SOLELY
ON AN ALTERNATIVE FUEL, TO OPERATE ON BOTH AN ALTERNATIVE FUEL
AND A TRADITIONAL FUEL, OR TO OPERATE ALTERNATELY ON A TRADITIONAL
FUEL AND AN ALTERNATIVE FUEL.
3933102. Rebate for motor
vehicles using alternative fuels. (1) ON
AND AFTER JULY 1, 1998, BUT PRIOR TO JULY 1, 2007, THE EXECUTIVE
DIRECTOR SHALL BE AUTHORIZED TO GRANT A REBATE TO A QUALIFIED
ENTITY FOR EACH MOTOR VEHICLE OWNED BY SUCH ENTITY THAT:
(a) IS TITLED AND REGISTERED IN THE STATE
OF COLORADO;
(b) IS USED IN CONNECTION WITH THE BUSINESS
OR OFFICIAL ACTIVITIES OF THE ENTITY; AND
(c) USES OR IS CONVERTED TO USE AN ALTERNATIVE
FUEL OR HAS ITS POWER SOURCE REPLACED WITH A POWER SOURCE THAT
USES AN ALTERNATIVE FUEL.
3933103. Amount of rebate.
(1) THE AGGREGATE OF ALL REBATES GRANTED TO A QUALIFIED
ENTITY SHALL NOT EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS IN
ANY STATE FISCAL YEAR. THE REBATE GRANTED TO A QUALIFIED ENTITY
FOR EACH MOTOR VEHICLE PURSUANT TO THIS ARTICLE SHALL NOT BE AN
AMOUNT THAT EXCEEDS THE PERCENTAGE, AS SET FORTH IN PARAGRAPH
(a) OF SUBSECTION (2) OF THIS SECTION, OF THE FOLLOWING:
(a) THE DIFFERENCE BETWEEN THE ACTUAL
COST INCURRED BY SUCH ENTITY DURING A GIVEN STATE FISCAL YEAR
IN PURCHASING A MOTOR VEHICLE THAT USES AN ALTERNATIVE FUEL AND
THE COST OF THE SAME MOTOR VEHICLE THAT USES A TRADITIONAL FUEL
OR, IF THE SAME VEHICLE IS NOT AVAILABLE, THEN THE COST OF THE
MOST SIMILAR VEHICLE, TAKING INTO ACCOUNT MODEL, MAKE, ENGINE
SIZE, AND OPTIONS, THAT USES A TRADITIONAL FUEL;
(b) THE DIFFERENCE BETWEEN THE ACTUAL
COST INCURRED BY SUCH ENTITY DURING A GIVEN STATE FISCAL YEAR
IN REPLACING AN EXISTING POWER SOURCE IN A MOTOR VEHICLE THAT
USES A TRADITIONAL FUEL WITH A POWER SOURCE THAT USES AN ALTERNATIVE
FUEL AND THE COST OF REPLACING THE EXISTING POWER SOURCE IN THE
MOTOR VEHICLE WITH THE SAME TYPE OF POWER SOURCE THAT USES A TRADITIONAL
FUEL; OR
(c) THE ACTUAL COST INCURRED BY SUCH ENTITY
DURING A GIVEN STATE FISCAL YEAR IN CONVERTING A MOTOR VEHICLE
TO A FUEL SYSTEM THAT USES AN ALTERNATIVE FUEL.
(2) (a) (I) FOR THE PURPOSES OF SUBSECTION (1) OF THIS SECTION, EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (a), THE PERCENTAGE OF THE DIFFERENCE IN ACTUAL COST INCURRED OR THE PERCENTAGE OF THE ACTUAL COST INCURRED BY A QUALIFIED ENTITY FOR WHICH A REBATE MAY BE GRANTED PURSUANT TO THIS ARTICLE SHALL BE AS FOLLOWS:
Certification level: | For costs incurred on or after July 1, 1998, but prior to July 1, 2001 | For costs incurred on or after July 1, 2001, but prior to July 1, 2004 | For costs incurred on or after July 1, 2004, but prior to July 1, 2006 |
Lowemitting vehicle | |||
Ultralowemitting vehicle or | |||
inherently lowemitting vehicle | |||
Zeroemitting vehicle | 85% | 75% |
(II) FOR A MOTOR VEHICLE PURCHASE OR POWER
SOURCE REPLACEMENT THAT PERMANENTLY DISPLACES A MOTOR VEHICLE
OR POWER SOURCE THAT IS TEN YEARS OLD OR OLDER, THE PERCENTAGE
SPECIFIED IN SUBPARAGRAPH (I) THAT MAY BE GRANTED PURSUANT TO
THIS PARAGRAPH (a) SHALL BE MULTIPLIED BY TWO BUT IN NO EVENT
SHALL THE PERCENTAGE EXCEED ONE HUNDRED PERCENT. FOR THE PURPOSES
OF THIS SUBPARAGRAPH (II), "PERMANENTLY DISPLACES A MOTOR
VEHICLE OR POWER SOURCE" MEANS THE VEHICLE OR POWER SOURCE
BEING REPLACED BY THE ALTERNATIVE FUEL VEHICLE OR POWER SOURCE
WILL NO LONGER BE OPERATED UPON THE HIGHWAYS OF THIS STATE.
(b) THE CERTIFICATION LEVELS SET FORTH
IN PARAGRAPH (a) OF THIS SUBSECTION (2) SHALL HAVE THE SAME MEANING
AS SET FORTH IN THE REGULATIONS OF THE AIR QUALITY CONTROL COMMISSION
GOVERNING THE CLEAN FUEL FLEET PROGRAM.
(c) A NEAR ZEROEMITTING VEHICLE
SHALL BE TREATED AS A ZEROEMITTING VEHICLE FOR ALL PURPOSES
UNDER THIS SECTION.
(d) FOR A MOTOR VEHICLE THAT IS NOT USED
SOLELY AND EXCLUSIVELY FOR THE BUSINESS OR OFFICIAL ACTIVITIES
OF THE QUALIFIED ENTITY, THE AMOUNT OF THE REBATE ALLOWED PURSUANT
TO THIS SECTION SHALL BE PRORATED IN PROPORTION TO THE PERCENTAGE
OF TIME DURING THE CALENDAR YEAR THAT THE MOTOR VEHICLE IS USED
FOR THE BUSINESS OR OFFICIAL ACTIVITIES OF THE ENTITY.
(e) NO MORE THAN ONE REBATE SHALL BE GRANTED PURSUANT TO THIS SECTION FOR ANY INDIVIDUAL MOTOR VEHICLE.
(f) A MOTOR VEHICLE, CONVERSION, OR POWER
SOURCE CERTIFIED TO THE LOWEMITTING VEHICLE EMISSIONS STANDARD
THAT IS PURCHASED BY A QUALIFIED ENTITY COVERED BY THE CLEAN FUEL
FLEET PROGRAM IN ORDER TO SATISFY THE MINIMUM REQUIREMENTS OF
THE CLEAN FUEL FLEET PROGRAM SHALL NOT BE ELIGIBLE FOR A REBATE
PURSUANT TO THIS ARTICLE.
(3) ANY APPLICATION FOR A REBATE SHALL
BE FILED WITHIN TWELVE MONTHS AFTER THE END OF THE MONTH IN WHICH
THE COST IS INCURRED BY THE QUALIFIED ENTITY. THE EXECUTIVE DIRECTOR
SHALL GRANT REBATES IN THE ORDER IN WHICH APPLICATIONS ARE RECEIVED
AS MONEYS ARE MADE AVAILABLE. THE EXECUTIVE DIRECTOR SHALL GRANT
REBATES TO QUALIFIED ENTITIES ONLY IF THE COST IS INCURRED ON
OR AFTER JULY 1, 1998, BUT PRIOR TO JULY 1, 2006. NO REBATE SHALL
BE GRANTED MORE THAN TWENTYFOUR MONTHS AFTER THE DATE UPON
WHICH THE COST IS INCURRED. REBATES SHALL BE GRANTED ONLY FROM
AVAILABLE MONEYS IN THE ALTERNATIVE FUELS REBATE FUND CREATED
IN SECTION 3933105, AND IN NO EVENT SHALL THE STATE
HAVE ANY OBLIGATION TO PROVIDE REBATES FROM ANY SOURCE OTHER THAN
THE FUND. FOR THE PURPOSES OF THIS SECTION, "COST IS INCURRED"
MEANS, AT THE OPTION OF A QUALIFIED ENTITY, EITHER THE DATE WHEN
THE ENTITY OBLIGATES ITSELF TO MAKE A PURCHASE OR THE DATE ON
WHICH THE ENTITY PAYS FOR SUCH PURCHASE.
3933104. Rules. THE
EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR GRANTING REBATES
CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. SUCH RULES SHALL
BE PROMULGATED IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S.
3933105. Alternative fuels
rebate fund. (1) THE FOLLOWING,
TOGETHER WITH ANY OTHER MONEYS APPROPRIATED BY THE GENERAL ASSEMBLY,
SHALL BE CREDITED TO THE ALTERNATIVE FUELS REBATE FUND WHICH IS
HEREBY CREATED IN THE STATE TREASURY:
(a) ANY BEQUESTS, GIFTS, AND GRANTS, INCLUDING
GRANTS FROM OTHER GOVERNMENTAL AGENCIES OR ENTITIES ACCEPTED BY
THE EXECUTIVE DIRECTOR TO BE USED FOR THE PURPOSES OF THIS ARTICLE;
(b) ANY ADDITIONAL INCREMENT OF STATE
SALES OR USE TAX REVENUES, AS ESTIMATED BY THE EXECUTIVE DIRECTOR,
THAT IS GENERATED EACH STATE FISCAL YEAR BY THE ADDITIONAL SALES
OF ALTERNATIVE FUEL VEHICLES AND FUELING FACILITIES EQUIPMENT
AFTER THE EFFECTIVE DATE OF THIS ARTICLE IN EXCESS OF THE AMOUNT
OF REVENUES GENERATED THROUGH THE STATE SALES AND USE TAXES ON
THE SALES OF ALTERNATIVE FUEL VEHICLES AND FUELING FACILITIES
EQUIPMENT DURING THE 199798 STATE FISCAL YEAR;
(2) THE MONEYS IN THE ALTERNATIVE FUELS
REBATE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
ASSEMBLY TO THE EXECUTIVE DIRECTOR FOR THE PURPOSES SET FORTH
IN THIS ARTICLE. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT
OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS
NOT APPROPRIATED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED
OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL
YEAR. ANY UNENCUMBERED MONEYS REMAINING IN THE FUND UPON THE REPEAL
OF THIS SECTION SHALL BE TRANSFERRED TO THE AIR ACCOUNT.
3933106. Repeal of article. THIS
ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2007.
SECTION 40 Appropriation.
(1) In addition to any other appropriation, there is hereby
appropriated, out of any moneys in the alternative fuels rebate
fund created pursuant to section 3933105, Colorado
Revised Statutes, to the department of revenue, for the fiscal
year beginning July 1, 1998, the amount of six hundred fiftyfour
thousand five hundred ninetyfive dollars ($654,595). Of
such amount, thirtyfour thousand dollars ($34,000), or so
much thereof as may be necessary, is allocated for the initial
costs incurred by the department in implementing this act. Any
remaining funds shall be used for the purpose of making rebates
to qualified entities pursuant to article 33 of title 39, Colorado
Revised Statutes.
(2) Out of any unencumbered or unexpended
moneys in the special account within the highway users tax fund
known as the AIR account, there is hereby transferred the sum
of five hundred thousand dollars ($500,000) to the alternative
fuels rebate fund created pursuant to section 3933105,
Colorado Revised Statutes, for the fiscal year beginning July
1, 1998.
SECTION 50 Safety clause. The
general assembly hereby finds, determines, and declares that this
act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO