PRINTER'S NO. 713
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
618
Session of
2019
INTRODUCED BY ARGALL, YUDICHAK, GORDNER, STREET, STEFANO,
BOSCOLA, KILLION, BAKER AND LANGERHOLC, MAY 3, 2019
REFERRED TO FINANCE, MAY 3, 2019
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
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," in coal refuse energy and reclamation tax credit,
further providing for definitions, for application and
approval of tax credit and for limitation on tax credits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1703-J of the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971, is amended
by adding definitions to read:
Section 1703-J. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Federal coal refuse reclamation tax credit amount." The
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actual amount of tax credits obtained by an eligible facility
under a Federal coal refuse reclamation tax credit program in
the four Federal tax quarters that precede the fiscal year in
which credits are awarded under section 1707-J(a).
"Federal coal refuse reclamation tax credit program." A tax
credit established under the Federal Internal Revenue Code that
provides a tax credit for an eligible facility against Federal
income taxes based upon the amount of coal refuse used at the
eligible facility.
* * *
Section 2. Section 1704-J(d) of the act is amended and the
section is amended by adding a subsection to read:
Section 1704-J. Application and approval of tax credit.
* * *
(c.1) Netting of Federal tax credit.--If a Federal coal
refuse reclamation tax credit program is adopted and becomes
effective, the following shall apply:
(1) Each eligible facility shall report as part of its
application under subsection (a) the Fed eral coal refuse
reclamation tax credit amount received by the eligible
facility for the four Federal tax quarters that immediately
preceded the submittal of the application.
(2) The amount of tax credits received by an eligible
facility as calculated under subsection (b) shall be reduced
by the Federal coal refuse reclamation tax credit amount
received by the eligible facility for the four Federal tax
quarters that immediately preceded the submittal of the
application under this section.
(d) Expiration.--The department may not approve an
application for a tax credit under this article after December
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31, [2026] 2036.
Section 3. Section 1707-J(a) of the act is amended to read:
Section 1707-J. Limitation on tax credits.
(a) Amount.--The total amount of tax credits issued by the
department may not exceed $7,500,000 in fiscal year 2016-2017
[and $10,000,000 in each fiscal year thereafter], $10,000,000 in
fiscal years 2017-2018 and 2018-2019 and $45,000,000 in each
fiscal year thereafter.
* * *
Section 4. This act shall take effect in 60 days.
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