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                                                       PRINTER'S NO. 681

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 650 Session of 1999


        INTRODUCED BY RHOADES, HELFRICK, ROBBINS, SLOCUM, HART, MOWERY,
           KUKOVICH, COSTA, STAPLETON, MELLOW, KASUNIC, BRIGHTBILL,
           LEMMOND, O'PAKE, CORMAN, SCHWARTZ, STOUT, CONTI AND WOZNIAK,
           MARCH 22, 1999

        REFERRED TO FINANCE, MARCH 22, 1999

                                     AN ACT

     1  Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
     2     act relating to tax reform and State taxation by codifying
     3     and enumerating certain subjects of taxation and imposing
     4     taxes thereon; providing procedures for the payment,
     5     collection, administration and enforcement thereof; providing
     6     for tax credits in certain cases; conferring powers and
     7     imposing duties upon the Department of Revenue, certain
     8     employers, fiduciaries, individuals, persons, corporations
     9     and other entities; prescribing crimes, offenses and
    10     penalties," providing for a program of tax incentives,
    11     including investment tax credits to remove coal waste from
    12     the environment and to stimulate the development of a
    13     synthetic fuels industry within this Commonwealth.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  The act of March 4, 1971 (P.L.6, No.2), known as
    17  the Tax Reform Code of 1971, is amended by adding an article to
    18  read:
    19                          ARTICLE XVIII-A
    20              COAL WASTE REMOVAL AND ULTRACLEAN FUELS
    21                             TAX CREDIT
    22     Section 1801-A.  Short Title.--This article shall be known


     1  and may be cited as the "Coal Waste Removal and Ultraclean Fuels
     2  Act."
     3     Section 1802-A.  Definitions.--The following words, terms and
     4  phrases, when used in this article, shall have the meanings
     5  ascribed to them in this section, except where the context
     6  clearly indicates a different meaning:
     7     "Act" means the act of March 4, 1971 (P.L.6, No.2), known as
     8  the "Tax Reform Code of 1971," as amended.
     9     "Department" means the Department of Revenue of the
    10  Commonwealth of Pennsylvania.
    11     "Developer" means the owner-operator of a facility as defined
    12  herein or the operator of such a facility that has sold the
    13  facility in new condition to a third party from whom that
    14  operator has simultaneously leased back such facility for a
    15  minimum period of twelve (12) years.
    16     "Facility" means and includes all plant and equipment,
    17  purchased or constructed by or on behalf of the developer, used
    18  within this Commonwealth by the developer to produce one or more
    19  qualified fuels.
    20     "Internal Revenue Code" means the Internal Revenue Code of
    21  1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), as amended.
    22     "Qualified fuels" means those fuels produced from non-
    23  traditional coal culm and silt feedstocks, as further defined in
    24  section 29(c) of the Internal Revenue Code of 1986 (Public Law
    25  99-514, 26 U.S.C. § 1 et seq.).
    26     Section 1803-A.  Investment Tax Credits Program.--(a)  A new
    27  developer of a new facility for the production of one or more
    28  qualified fuels shall be allowed an investment tax credit
    29  against the taxes imposed under Articles II, IV and VI of the
    30  act. The amount of the credit shall be computed as a percentage
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     1  applied to the cost or other basis, for Federal income tax
     2  purposes, of tangible personal property and other forms of
     3  tangible property described in subsection (b).
     4     (b)  Tangible personal property and other forms of tangible
     5  property which qualify for investment tax credit treatment under
     6  this section, hereinafter collectively identified as "qualifying
     7  property," shall meet all of the following requirements:
     8     (1)  Be acquired through a purchase, as defined under section
     9  179(d)(2) of the Internal Revenue Code, or constructed by the
    10  developer for its own use.
    11     (2)  Be depreciable under section 167 of the Internal Revenue
    12  Code.
    13     (3)  Have a useful life of greater than or equal to four
    14  years.
    15     (4)  Be located within this Commonwealth.
    16     (5)  Be used by the developer in the production of qualified
    17  fuels.
    18     (6)  Be acquired by purchase or constructed on or after
    19  January 1, 2000, and before January 1, 2013.
    20     (7)  Not be the subject of any tax credit otherwise available
    21  to the developer under this act.
    22     (c)  Only such portion of the cost or other basis of
    23  qualifying property that is properly transferred to the
    24  facility's basis for depreciation for Federal income tax
    25  purposes between January 1, 2000, and December 31, 2012,
    26  hereinafter identified as the "tax credit base," shall be
    27  subject to the investment tax credit.
    28     (d) (1)  The investment tax credit shall be computed as
    29  fifteen per cent of the tax credit base.
    30     (2)  The maximum investment tax credit available for
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     1  application, whether claimed by one or more taxpayers, shall not
     2  exceed fifteen per cent of the capital cost of the facility.
     3     (3)  Any amount of allowable investment tax credit not used
     4  in the tax year for which the credit was claimed can be carried
     5  forward by the claiming taxpayer to succeeding years until the
     6  full amount of allowable credit has been used.
     7     (e) (1)  The developer, upon notice to the department as
     8  specified by the department, may sell or assign, in whole or in
     9  part, any investment tax credit afforded under this section to
    10  one or more taxpayers, provided that no claim for allowance of
    11  such credit has been filed.
    12     (2)  A taxpayer recipient by purchase or assignment of any
    13  portion of the developer's investment tax credit under paragraph
    14  (1) shall initially claim such credit, upon notice to the
    15  department of the derivative basis of the credit in compliance
    16  with procedures specified by the department, for the tax year in
    17  which the purchase or assignment is made, but in no event
    18  subsequent to the filing of an income tax return for the year
    19  2012.
    20     (3)  Any taxpayer who acquires any portion of the developer's
    21  investment tax credit by sale or assignment, for value and
    22  without notice of any irregularity or invalidity, shall not
    23  suffer any disallowance of the credit or the imposition of any
    24  adjustment or fraud penalty attributable to conduct by the
    25  developer.
    26     (f) (1)  If, prior to the expiration of any qualifying
    27  property's useful life, as used to calculate depreciation for
    28  Federal income tax purposes, the developer, upon mandatory
    29  notice to the department in compliance with procedures specified
    30  by the department, disposes of any qualifying property in a
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     1  transaction other than a sale-leaseback, upon which the
     2  department has previously allowed an investment tax credit
     3  claimed by any taxpayer, a portion of all such credit shall be
     4  recaptured and added to the developer's tax liability for the
     5  tax year in which the qualifying property is disposed.
     6     (2)  The portion of the investment tax credit previously
     7  allowed, which is subject to recapture from the developer, shall
     8  be equal to a fraction whose numerator is the number of years
     9  remaining to fully depreciate for Federal income tax purposes
    10  the qualifying property disposed and whose denominator is the
    11  total number of years over which the property would otherwise
    12  have been subject to depreciation by the developer.
    13     (3)  In calculating the recapture percentage, the year of
    14  disposition of the qualifying property is considered a year of
    15  remaining depreciation.
    16     (g)  The department shall verify the validity of any claim
    17  for allowance of any investment tax credit afforded under this
    18  section and, in the case of a fraudulent claim, may assess
    19  against the developer a penalty of one hundred and twenty-five
    20  per cent of the credit improperly claimed.
    21     Section 1804-A.  Tax Exemption.--Any qualified fuel produced
    22  by a facility subject to an investment tax credit afforded by
    23  section 1803-A shall be exempt from any tax otherwise imposed by
    24  75 Pa.C.S. Ch. 90 (relating to liquid fuels and fuels tax).
    25     Section 2.  This act shall take effect immediately.




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