75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3346
House Bill 3253
Sponsored by Representative NATHANSON; Representatives BAILEY,
BARKER, BOONE, CANNON, CLEM, DEMBROW, C EDWARDS, D EDWARDS,
GALIZIO, GARRETT, HOLVEY, MAURER, SCHAUFLER, J SMITH, STIEGLER,
Senators PROZANSKI, WALKER
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 as
introduced.
Establishes tax credit for plug-in electric drive motor
vehicles.
Applies to tax years beginning on or after January 1, 2010.
A BILL FOR AN ACT
Relating to plug-in electric drive motor vehicle tax credit.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 315. + }
SECTION 2. { + (1) As used in this section:
(a) 'Manufacturer' means a person engaged in the business of
manufacturing plug-in electric drive motor vehicles.
(b) 'Plug-in electric drive motor vehicle' means a motor
vehicle, as defined in ORS 801.360, that draws propulsion solely
from an onboard battery system.
(c) 'Traction battery capacity' means capacity of a traction
battery measured in kilowatt-hours from a 100 percent state of
charge to a zero percent state of charge.
(2) A credit against the taxes otherwise due under ORS chapter
316 or, if the taxpayer is a corporation, under ORS chapter 317
or 318 is allowed to a taxpayer for expenses related to the
purchase of a plug-in electric drive motor vehicle during the tax
year. The taxpayer must be the owner of the plug-in electric
drive motor vehicle. To qualify for the credit allowed under this
section, a plug-in electric drive motor vehicle must:
(a) Draw propulsion solely using traction batteries with at
least four kilowatt-hours of traction battery capacity;
(b) Employ an off-board source of energy to recharge the
traction batteries;
(c) Have been assembled in this state;
(d) Have been first used by the taxpayer claiming the tax
credit under this section;
(e) Have been acquired for use or lease, but not for resale, by
the taxpayer claiming the credit under this section; and
(f) Have been manufactured by a manufacturer.
(3) Prior to claiming the credit allowed under this section, a
taxpayer must receive certification as provided under section 3
of this 2009 Act.
(4) The amount of a tax credit available to a taxpayer under
this section is $417 for each kilowatt-hour of traction battery
capacity in excess of four kilowatt-hours plus $2,500.
(5) Notwithstanding subsection (4) of this section, the amount
of a tax credit available to a taxpayer under this section may
not exceed:
(a) $7,500 for a new plug-in electric drive motor vehicle that
has a gross vehicle weight rating of not more than 10,000 pounds.
(b) $10,000 for a plug-in electric drive motor vehicle that has
a gross vehicle weight rating of more than 10,000 but not more
than 14,000 pounds.
(c) $12,500 for a plug-in electric drive motor vehicle that has
a gross vehicle weight rating of more than 14,000 but not more
than 26,000 pounds.
(d) $15,000 for a plug-in electric drive motor vehicle that has
a gross vehicle weight rating of more than 26,000 pounds.
(6) The credit allowed under this section may not exceed the
tax liability of the taxpayer for the tax year in which the
credit is claimed.
(7) 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, and likewise any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and any credit not used in
that 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.
(8) A taxpayer claiming a tax credit under this section for a
plug-in electric drive motor vehicle may not claim a tax credit
under ORS 316.116 for the same plug-in electric drive motor
vehicle. + }
SECTION 3. { + (1) Any taxpayer may apply to the State
Department of Energy for certification of a plug-in electric
drive motor vehicle to allow the taxpayer to claim the credit
allowed under section 2 of this 2009 Act.
(2) The application must be made in writing in a form
prescribed by the department and must contain information
requested by the department. + }
SECTION 4. { + Sections 2 and 3 of this 2009 Act apply to tax
years beginning on or after January 1, 2010. + }
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