PRINTER'S NO. 473

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

435

Session of

2015

INTRODUCED BY COHEN, KINSEY, KIRKLAND, McCARTER, MURT, SAINATO

AND THOMAS, FEBRUARY 10, 2015

REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 10, 2015

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.

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

context clearly indicates otherwise:

"Committee." The Electric Vehicle Charging Corridor Tax

Credit Committee established under section 1703-J(b).

"Company." An entity doing business in this Commonwealth

that is subject to an applicable tax under section 1704-J(b).

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 station." A facility that charges

electric vehicles.

Revenue has issued a certificate under this article.

Section 1702-J. Eligibility.

In order to be eligible to receive a tax credit, a company

must be in full compliance with all State and local tax laws and

demonstrate to the department the following:

(1) A comprehensive plan to build one or more electric

vehicle charging stations.

(2) That the stations will be open to the public.

(3) That the stations will be located within two miles

of an eligible corridor.

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(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.

(ii) The Secretary of Transportation.

(iii) The Secretary of Revenue.

(iv) The Secretary of Environmental Protection.

(2) Once applications have been filed with the

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 its discretion and availability of

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.

(2) The amount of private capital investment in the

electric vehicle charging infrastructure plan.

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appropriate.

(d) Commitment letter.--After a commitment letter has been

signed by the Commonwealth and the company, the company shall

receive a tax credit certificate and filing information.

Section 1704-J. Electric vehicle charging corridor tax credits.

(a) Maximum amount.--A company may claim a tax credit for up

to 50% of the total cost of the electric vehicle charging

station . For the purposes of this subsection, the total cost may

not exceed $500,000.

(b) Applicable taxes.--A company may apply the tax credit to

(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

shareholders of a Pennsylvania S corporation.

(c) Term.--A company may claim the tax credit in one year or

over a period determined by the department but not to exceed ten

years from the date the company first submits a certificate.

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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 a 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 tax

credit. The purchaser or assignee shall notify the department

of the seller or assignor of the tax credit in compliance

with procedures specified by the department.

(3) The department shall promulgate guidelines for 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-J. Report to General Assembly.

No later than June 1, 2016, and each June 1 thereafter, the

department shall submit a report on the 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

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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-J. Time limitations.

A company is not entitled to a tax credit for taxable years

ending after December 31, 2017.

apply to tax years beginning on or after December 31, 2015.

Section 3. This act shall take effect in 60 days.

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