74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 819
A-Engrossed
House Bill 2172
Ordered by the House March 13
Including House Amendments dated March 13
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Environmental Quality)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Directs Environmental Quality Commission to establish goal to
reduce diesel emissions. Requires Department of Environmental
Quality to track and report progress toward goal. Encourages
reduction of school bus diesel emissions by providing that moneys
received by school districts to repower, retrofit or replace
school bus diesel engines will not be deducted from State School
Fund transportation grants.
Creates Clean Diesel Engine Fund to provide grants and loans to
repower or retrofit diesel engines.
Continuously appropriates moneys in fund for grant and loan
program.
Creates income tax credit for certain costs of repowering or
retrofitting diesel engines in service. Extends existing tax
credit for purchasing new diesel engines meeting clean diesel
emissions standards to permit purchase of new diesel engines
before 2012 to qualify for credit. Applies both credits to
certifications issued by Department of Environmental Quality on
or after effective date of Act.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to diesel engines; creating new provisions; amending ORS
327.033 and sections 28, 29, 31 and 32, chapter 618, Oregon
Laws 2003; appropriating money; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 468A. + }
SECTION 2. { + The Environmental Quality Commission shall
establish a goal to reduce excess lifetime risk of cancer due to
exposure to diesel engine emissions to no more than one case per
million individuals by 2017. In setting the goal, the commission
shall include a target to substantially reduce the risk to school
children from diesel engine emissions produced by Oregon school
buses by the end of 2013. The Department of Environmental Quality
is directed to track and report to the Legislative Assembly on
the progress in meeting this goal. + }
SECTION 3. ORS 327.033 is amended to read:
327.033. (1) Approved transportation costs shall be estimated
for the year of distribution.
(2) { + In determining + } approved transportation costs { + ,
the State Board of Education:
(a) + } Shall include depreciation of original cost to the
{ + school + } district of district-owned buses, not in excess
of 10 percent per year { + ;
(b) May not deduct any moneys received by a school district to
repower or retrofit, as defined in section 6 of this 2007 Act, or
to replace school buses for the purpose of reducing or
eliminating diesel engine emissions; and
(c) May not include transportation costs paid with moneys
received by the school district from the Clean Diesel Engine Fund
under section 10 of this 2007 Act + }.
(3) { + School + } districts { - are required to - }
{ + shall + } account separately for those funds received from
the State School Fund attributable to the costs included under
subsection (2) of this section, and expenditure of those funds
shall be limited to the acquisition of new buses or
transportation equipment.
SECTION 4. { + The amendments to ORS 327.033 by section 3 of
this 2007 Act apply to State School Fund distributions commencing
with the 2007-2008 distribution. + }
SECTION 5. { + Sections 6 to 10 of this 2007 Act are added to
and made a part of ORS chapter 468A. + }
SECTION 6. { + As used in sections 6 to 10, 12, 13, 15 and 16
of this 2007 Act:
(1) 'Combined weight' has the meaning given that term in ORS
825.005.
(2) 'Cost-effectiveness threshold' means the cost, in dollars,
per ton of diesel particulate matter reduced, as established by
rule of the Environmental Quality Commission.
(3) 'Heavy-duty truck' means a motor vehicle or combination of
vehicles operated as a unit that has a combined weight that is
greater than 26,000 pounds.
(4) 'Incremental cost' means the cost of a qualifying repower
or retrofit less a baseline cost that would otherwise be incurred
in the normal course of business.
(5) 'Medium-duty truck' means a motor vehicle or combination of
vehicles operated as a unit that has a combined weight that is
greater than 14,000 pounds but less than or equal to 26,000
pounds.
(6) 'Motor vehicle' has the meaning given that term in ORS
825.005.
(7) 'Oregon diesel engine' means an engine at least 50 percent
of the use of which, as measured by miles driven or hours
operated, will occur in Oregon for the three years following the
repowering or retrofitting of the engine.
(8) 'Oregon diesel truck engine' means a diesel engine in a
truck at least 50 percent of the use of which, as measured by
miles driven or hours operated, has occurred in Oregon for the
two years preceding the scrapping of the engine.
(9) 'Repower' means to replace an old diesel engine with a new
engine, a used engine or a remanufactured engine, or with
electric motors, drives or fuel cells.
(10) 'Retrofit' means to equip a diesel engine with new
emissions-reducing parts or technology after the manufacture of
the original engine. A retrofit must use the greatest degree of
emissions reduction available for the particular application of
the equipment retrofitted that meets the cost-effectiveness
threshold.
(11) 'Scrap' means to destroy and render inoperable.
(12) 'Truck' means a motor vehicle or combination of vehicles
operated as a unit that has a combined weight that is greater
than 14,000 pounds. + }
SECTION 7. { + (1) The Environmental Quality Commission by
rule shall establish standards related to the certified cost
necessary to perform a qualifying repower or retrofit, including
but not limited to rules establishing the certified cost for
purposes of the tax credit established in section 12 of this 2007
Act.
(2) For the purposes of subsection (1) of this section,
certified cost:
(a) Includes the incremental cost of labor and hardware that
the Department of Environmental Quality finds necessary to
perform a qualifying repower or retrofit;
(b) Does not include the cost of any portion of a repower or
retrofit undertaken to comply with any applicable local, state or
federal pollution or emissions law or for ordinary maintenance,
repair or replacement of a diesel engine; and
(c) May not exceed the cost-effectiveness threshold. + }
SECTION 8. { + (1) The Environmental Quality Commission by
rule shall establish standards for the qualifying repower or
retrofit of an Oregon diesel engine, including but not limited to
rules establishing repower or retrofit qualifications for
purposes of the tax credit established in section 12 of this 2007
Act.
(2) The standards adopted by the commission under this section
must include:
(a) A requirement for the reduction of diesel particulate
matter emissions by at least 25 percent compared with the
baseline emissions for the relevant engine year and application;
and
(b) A list of technologies approved as qualifying repowers or
retrofits that have been verified by the United States
Environmental Protection Agency or the California Air Resources
Board. + }
SECTION 9. { + (1) The Clean Diesel Engine Fund is established
in the State Treasury separate and distinct from the General
Fund. Interest earned by the Clean Diesel Engine Fund shall be
credited to the fund. The moneys in the fund are continuously
appropriated to the Department of Environmental Quality to be
used for the purposes described in section 10 of this 2007 Act.
(2) The Clean Diesel Engine Fund consists of:
(a) Funds appropriated by the Legislative Assembly;
(b) Grants provided by the federal government pursuant to the
federal Clean Air Act, 42 U.S.C. 7401 et seq., or other federal
laws; and
(c) Any other revenues derived from gifts or grants given to
the state for the purpose of providing financial assistance to
owners or operators of diesel engines for the purpose of
repowering, retrofitting or scrapping diesel engines to reduce
diesel engine emissions. + }
SECTION 10. { + (1) The Department of Environmental Quality
shall use the moneys in the Clean Diesel Engine Fund to award:
(a) Grants and loans to the owners or operators of Oregon
diesel engines for up to 100 percent of the certified costs of
qualifying repowers or retrofits as described in sections 7 and 8
of this 2007 Act; and
(b) Grants to the owners of Oregon diesel truck engines to
scrap those engines.
(2) The department may not award a grant or loan for a
qualifying repower or retrofit under subsection (1)(a) of this
section if, after payment of taxes on the grant or loan, the net
amount exceeds the incremental cost of a qualifying repower or
retrofit. In determining the amount of a grant or loan under this
section, the department must reduce the incremental cost of a
qualifying repower or retrofit by the value of any existing
financial incentive that directly reduces the cost of the
qualifying repower or retrofit, including tax credits, other
grants or loans, or any other public or private financial
assistance.
(3) The department may certify third parties to perform
qualifying repowers and retrofits and may contract with third
parties to perform such services for the certified costs of
qualifying repowers and retrofits. The department may also
contract with institutions of higher education or other public
bodies as defined by ORS 174.109 to train and certify third
parties to perform qualifying repowers and retrofits.
(4) The department may not award a grant to scrap an Oregon
diesel truck engine under subsection (1)(b) of this section
unless the engine was manufactured prior to 1994 and the engine
is in operating condition at the time of the grant application
or, if repairs are needed, the owner demonstrates to the
department's satisfaction that the engine can be repaired to an
operating condition for less than its commercial scrap value. The
Environmental Quality Commission shall adopt rules for a maximum
grant awarded under subsection (1)(b) of this section for an
engine in a heavy-duty truck and for an engine in a medium-duty
truck. A grant awarded under subsection (1)(b) of this section
may not be combined with any other tax credits, grants or loans,
or any other public or private financial assistance, to scrap an
Oregon diesel truck engine.
(5) The department may use the moneys in the Clean Diesel
Engine Fund to pay expenses of the department in administering
the program described in this section.
(6) The commission shall adopt rules to implement this section
and section 9 of this 2007 Act, including but not limited to
establishing preferences for grant and loan awards based upon
percentage of engine use in Oregon, whether a grant or loan
applicant will provide matching funds, whether scrapping,
repowering or retrofitting an engine will benefit sensitive
populations or areas with elevated concentrations of diesel
particulate matter, or such other criteria as the commission may
establish. The rules adopted by the commission shall reserve a
portion of the financial assistance available each year for
applicants that own or operate a small number of Oregon diesel
engines or Oregon diesel truck engines and shall provide for
simplified access to financial assistance for those
applicants. + }
SECTION 11. { + The rules adopted by the Environmental Quality
Commission pursuant to section 10 (6) of this 2007 Act, beginning
on the effective date of this 2007 Act and ending on June 30,
2010, shall reserve 75 percent of the funds available for grants
and loans under section 10 of this 2007 Act for Oregon diesel
engines that:
(1) Will be used in Oregon for at least 75 percent of the total
number of miles that the vehicle is driven during the three years
following the repowering or retrofitting of the engine; or
(2) Will be used in Oregon for at least 75 percent of the total
number of hours the vehicle is operated during the three years
following the repowering or retrofitting of the engine. + }
SECTION 12. { + (1) + } { + A personal income or corporate
income or excise taxpayer is allowed a credit against the taxes
that are otherwise due under ORS chapter 316, 317 or 318 for the
certified costs of a repower or retrofit of a diesel engine if:
(a) The repower or retrofit has been identified as qualifying
for the credit under rules adopted by the Environmental Quality
Commission;
(b) The engine will constitute an Oregon diesel engine upon
completion of the three-year period following the repower or
retrofit; and
(c) The taxpayer has obtained a tax credit cost certification
from the Department of Environmental Quality under section 16 of
this 2007 Act for the cost of the repower or retrofit.
(2) The maximum amount of the tax credit allowed under this
section for each qualifying repower or retrofit is 50 percent of
the certified cost of the repower or retrofit.
(3) The amount of the tax credit allowed to the taxpayer under
this section in any one tax year:
(a) May not exceed 50 percent of the taxpayer's tax liability
for the tax year after application of all other tax credits
allowed the taxpayer during the tax year that are only limited to
the taxpayer's tax liability for the tax year or a carryforward
of unused credit amounts; and
(b) May not exceed the tax liability of the taxpayer for the
tax year.
(4) Any tax credit that is allowed under subsection (2) of this
section, but limited by subsection (3) of this section, and that
is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
as prescribed in subsection (3) of this section for the next
succeeding tax year. Any credit remaining unused in the next
succeeding tax year may be carried forward and offset against the
taxpayer's tax liability as prescribed in subsection (3) of this
section for the second succeeding tax year. Any credit remaining
unused in the second succeeding tax year may be carried forward
and offset against the taxpayer's tax liability as prescribed in
subsection (3) of this section for the third succeeding tax year,
but may not be carried forward for any tax year thereafter.
(5) The credit allowed under this section is not in lieu of any
depreciation or amortization deduction for the engine to which
the taxpayer otherwise may be entitled for purposes of ORS
chapter 316, 317 or 318. The taxpayer's adjusted basis for
determining gain or loss may not be decreased by any tax credits
allowed under this section.
(6)(a) The Department of Revenue may disallow the credit
allowed under this section if the department finds that the
credit was obtained by fraud or misrepresentation, or if the
department learns that the engine that was the subject of the
qualifying repower or retrofit was destroyed by arson committed
by the taxpayer.
(b) If the tax credit is disallowed pursuant to this
subsection, notwithstanding ORS 314.410 or other law, all prior
tax relief provided to the taxpayer shall be forfeited, the
department shall proceed to collect those taxes not paid by the
taxpayer as a result of the prior granting of the credit and the
taxpayer shall be denied any further credit provided under this
section.
(7)(a) A nonresident individual shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by this section. However, the
credit shall be prorated using the proportion provided in ORS
316.117.
(b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by this section shall be prorated or computed in a
manner consistent with ORS 314.085.
(c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
(8) The taxpayer shall claim the credit on a form prescribed by
the Department of Revenue containing the information required by
the Department of Revenue. The taxpayer shall maintain the tax
credit cost certification issued by the Department of
Environmental Quality under section 16 of this 2007 Act in the
records of the taxpayer for the length of time prescribed by the
Department of Revenue and shall provide a copy of the cost
certification to the Department of Revenue if requested.
(9) A taxpayer may not claim a credit under this section and
ORS 315.304 with respect to the same diesel engine or group of
diesel engines. A taxpayer may claim a credit under this section
and ORS 316.116 or 317.115 with respect to the same diesel engine
or group of diesel engines if the taxpayer and diesel engines
otherwise meet the requirements to be allowed a tax credit under
ORS 316.116 or 317.115.
(10) The definitions in section 6 of this 2007 Act apply to
this section. + }
SECTION 13. { + (1) A person that has obtained a tax credit
cost certification from the Department of Environmental Quality
under section 16 of this 2007 Act may transfer the cost
certification to a personal income or corporate income or excise
taxpayer in exchange for consideration from the taxpayer.
(2) In order for a credit under section 12 of this 2007 Act to
be claimed by a person that does not own the repowered or
retrofitted engine that qualifies for the credit, the person that
received the tax credit cost certification and the taxpayer that
will claim the credit must jointly file a cost certification
transfer notice with the Department of Revenue to transfer the
cost certification to the taxpayer. The transfer notice shall be
on a form prescribed by the department and shall contain any
information required by the department.
(3) The cost certification transfer notice shall be filed with
the Department of Revenue prior to the first tax year for which a
credit will be claimed under section 12 of this 2007 Act. A
transfer is not allowed under this section if the transferor has
claimed any portion of the credit allowed under section 12 of
this 2007 Act. + }
SECTION 14. { + Sections 12 and 13 of this 2007 Act apply to
diesel engine repower and retrofit tax credit cost certifications
issued in tax years beginning on or after January 1, 2007. + }
SECTION 15. { + (1) The Environmental Quality Commission shall
adopt rules to implement this section and sections 12, 13 and 16
of this 2007 Act, including rules:
(a) Imposing a nonrefundable application fee of $50 for
applications for cost certification of repowers or retrofits that
qualify for the tax credit allowed under section 12 of this 2007
Act.
(b) Imposing a nonrefundable application processing fee. The
amount of the fee shall be the amount that in the judgment of the
commission is needed for the Department of Environmental Quality
to recoup its expenses in administering the tax credit cost
certification under section 16 of this 2007 Act.
(2) The Environmental Quality Commission shall consult with the
Department of Revenue prior to adopting or amending rules under
this section. + }
SECTION 16. { + (1) A person seeking a tax credit under
section 12 of this 2007 Act or a person seeking to transfer a tax
credit cost certification under section 13 of this 2007 Act shall
first apply to the Department of Environmental Quality for
certification of the cost of a repower or retrofit of an engine
that qualifies for the tax credit under section 12 of this 2007
Act.
(2) The application must contain the following information:
(a) The name, address and taxpayer identification number of the
taxpayer;
(b) A statement that the engine on which the repower or
retrofit was performed is owned by the applicant and is intended
to be an Oregon diesel engine;
(c) A description of the technologies used in the repower or
retrofit that are sufficient for the department to determine if
the repower or retrofit qualifies for the tax credit;
(d) Invoices or other documentation of the cost and payment of
the repower or retrofit; and
(e) Any other information required by the department or
required under rules adopted by the Environmental Quality
Commission.
(3) The taxpayer shall file the application within one year
following the date of the invoice for the qualifying repower or
retrofit. The application may not be accepted unless the
application includes payment of the nonrefundable fees imposed
under rules adopted under section 15 of this 2007 Act.
(4) The department shall consider completed applications and
determine if the application describes a repower or retrofit that
qualifies for a tax credit under section 12 of this 2007 Act and,
if qualified, the certified cost of the repower or retrofit. The
department shall send written notice of the certified cost to the
taxpayer.
(5) If the department determines that a repower or retrofit
does not qualify for a tax credit under section 12 of this 2007
Act or certifies a lesser amount than was sought in the
application, the taxpayer may appeal the determination as a
contested case under ORS chapter 183.
(6) The department shall deposit fees collected under this
section in a miscellaneous receipts account established in the
State Treasury for the benefit of the department. Amounts in the
account are continuously appropriated to the department for the
purpose of reimbursing the department for expenses incurred in
administering this section. + }
SECTION 17. Section 28, chapter 618, Oregon Laws 2003, is
amended to read:
{ + Sec. 28. + } (1) As used in this section and section
29 { + , chapter 618, Oregon Laws 2003 + } { - of this 2003
Act - } :
(a) 'Combined weight' has the meaning given that term in ORS
825.005.
(b) 'Motor vehicle' has the meaning given that term in ORS
825.005.
(c) 'Truck' means a motor vehicle or combination of vehicles
that has a combined weight of more than 26,000 pounds.
(2) A taxpayer who owns a truck that is registered in Oregon
under the provisions of ORS chapter 803 or 826 and that has a
diesel engine that was purchased in Oregon on or after { - the
effective date of this 2003 Act - } { + January 1, 2004 + },
and that is certified by the federal Environmental Protection
Agency to emit oxides of nitrogen at the rate of 2.5 grams per
brake horsepower-hour or less, is allowed a credit against the
taxes otherwise due under ORS chapter 316, if the taxpayer is a
resident individual, or against the taxes otherwise due under ORS
chapter 317, if the taxpayer is a corporation. The total amount
of the credit under this section depends on the number of trucks
owned by the taxpayer prior to the purchase, as follows:
(a) 1 to 10 trucks, $925 for each qualifying engine purchased.
(b) 11 to 50 trucks, $705 for each qualifying engine purchased.
(c) 51 to 100 trucks, $525 for each qualifying engine
purchased.
(d) More than 100 trucks, $400 for each qualifying engine
purchased.
(3) Notwithstanding subsection (2) of this section, a taxpayer
may not claim a credit under this section of more than $80,000
for purchases in any one year.
(4) A credit may not be allowed under this section unless the
taxpayer claiming the credit complies with rules adopted by the
{ - Department of - } Environmental Quality
{ + Commission + } and the Department of Revenue as provided in
section 29 { + , chapter 618, Oregon Laws 2003 + } { - of this
2003 Act - } .
(5) Except as provided under subsection (6) of this section,
the credit allowed in any one year may not exceed the tax
liability of the taxpayer.
(6) Any tax credit otherwise allowable under this section that
is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
the next succeeding tax year may be carried forward and used in
the second succeeding tax year, any credit not used in the second
succeeding tax year may be carried forward and used in the third
succeeding tax year and any credit not used in the third
succeeding tax year may be carried forward and used in the fourth
succeeding tax year but may not be carried forward for any tax
year thereafter.
(7)(a) The credit provided by this section is not in lieu of
any depreciation or amortization deduction for the truck to which
the taxpayer otherwise may be entitled under ORS chapter 316 or
317 for the tax year.
(b) The taxpayer's adjusted basis for determining gain or loss
may not be further decreased by any tax credit allowed under this
section.
(8)(a) Pursuant to the procedures for a contested case under
ORS { - 183.310 to 183.550 - } { + chapter 183 + }, the
Department of Revenue may order the disallowance of the credit
allowed under this section if it finds, by order, that the credit
was obtained by fraud or misrepresentation.
(b) If the tax credit is disallowed pursuant to this
subsection, notwithstanding ORS 314.410 or other law, all prior
tax relief provided to the taxpayer shall be forfeited and the
Department of Revenue shall proceed to collect those taxes not
paid by the taxpayer as a result of the prior granting of the
credit.
(c) If the tax credit is disallowed pursuant to this
subsection, the taxpayer shall be denied any further credit
provided under this section from and after the date that the
order of disallowance becomes final.
(9) If the engine is destroyed by fire, flood, natural disaster
or act of God before all of the credit has been used, the
taxpayer may nevertheless claim the credit as if no destruction
had taken place. In the event of fire, if the fire chief of the
fire protection district or unit determines that the fire was
caused by arson, as described in ORS 164.315 and 164.325, by the
taxpayer or by another at the taxpayer's direction, then the fire
chief shall notify the Department of Revenue. If the taxpayer is
convicted of arson, the Department of Revenue shall disallow the
credit in accordance with subsection (8) of this section.
(10)(a) A nonresident individual shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by this section. However, the
credit shall be prorated using the proportion provided in ORS
316.117.
(b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by this section shall be prorated or computed in a
manner consistent with ORS 314.085.
(c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
SECTION 18. Section 29, chapter 618, Oregon Laws 2003, is
amended to read:
{ + Sec. 29. + } (1) The { - Department of - }
Environmental Quality { + Commission, after consultation with
+ } { - and - } the Department of Revenue { + , + } shall
adopt rules for implementing section 28 { - of this 2003
Act - } { + , chapter 618, Oregon Laws 2003 + }. Rules may
include but need not be limited to rules specifying procedures
for application, review and approval of the tax credit and rules
for issuance and use of a certificate of credit approval.
(2) The application developed under subsection (1) of this
section shall include:
(a) The name, address and taxpayer identification number of the
taxpayer;
(b) The number of trucks owned by the taxpayer and the number
of engines eligible for the tax credit that the taxpayer has
purchased; and
(c) Any other information that the rules adopted under
subsection (1) of this section may require.
(3) Applications filed in compliance with this section and
section 28 { - of this 2003 Act - } { + , chapter 618, Oregon
Laws 2003, + } shall be approved to the extent that the total of
estimated tax credits for all approved purchases of engines for
the calendar year is equal to or less than $3 million. An
application may not be approved if the addition of the amount of
the tax credit to the amount of the tax credits for all approved
purchases for the calendar year would exceed $3 million.
(4) Notwithstanding section 31 { - of this 2003 Act - }
{ + , chapter 618, Oregon Laws 2003 + }, the Department of
Environmental Quality may approve applications for tax credits
for qualifying engines purchased in calendar years 2004 { - ,
2005, 2006 and 2007 - } { + through 2011 + }, although the
taxpayer may not claim the credit until a tax year beginning on
or after January 1, 2005.
(5) The Department of Revenue may disallow, in whole or in
part, a claim for credit under section 28 { - of this 2003
Act - } { + , chapter 618, Oregon Laws 2003, + } upon the
Department of Revenue's determination that, under section 28
{ - of this 2003 Act - } { + , chapter 618, Oregon Laws
2003 + }, the taxpayer is not entitled to the credit or is
entitled to only a portion of the amount claimed.
(6) The Department of Environmental Quality shall charge a fee
of { - $15 - } { + $50 + } for each engine for which a
taxpayer applies for a tax credit. The fee is payable to the
department and may not be refunded to the applicant for any
reason.
SECTION 19. Section 31, chapter 618, Oregon Laws 2003, is
amended to read:
{ + Sec. 31. + } The tax credit established in section 28
{ - of this 2003 Act - } { + , chapter 618, Oregon Laws
2003, + } applies to tax years beginning on and after January 1,
2005, and to engine model years 2003 { - , 2004, 2005, 2006 and
2007 - } { + through 2011 + }.
SECTION 20. Section 32, chapter 618, Oregon Laws 2003, is
amended to read:
{ + Sec. 32. + } A certificate of credit approval may not be
issued under section 29 { + , chapter 618, Oregon Laws 2003, + }
{ - of this 2003 Act - } after December 31, { - 2007 - }
{ + 2011 + }.
SECTION 21. { + The amendments to sections 28, 29, 31 and 32,
chapter 618, Oregon Laws 2003, by sections 17 to 20 of this 2007
Act apply to certificates of credit approval under section 29,
chapter 618, Oregon Laws 2003, that are issued on or after the
effective date of this 2007 Act. + }
SECTION 22. { + (1) Sections 12 and 13 of this 2007 Act and
section 28, chapter 618, Oregon Laws 2003, are added to and made
a part of ORS chapter 315.
(2) Sections 15 and 16 of this 2007 Act and section 29, chapter
618, Oregon Laws 2003, are added to and made a part of ORS
chapter 468A. + }
SECTION 23. { + This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth
Legislative Assembly adjourns sine die. + }
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