1-1 By: Danburg (Senate Sponsor - Cain) H.B. No. 2845 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 2001, read first time and referred to Committee on Finance; 1-4 May 11, 2001, reported favorably by the following vote: Yeas 8, 1-5 Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation of an initiative to promote the 1-9 commercialization of fuel cell technologies, including tax 1-10 exemptions and reductions for certain corporations. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. DEFINITION. In this Act, "energy office" means 1-13 the State Energy Conservation Office. 1-14 SECTION 2. FUEL CELL COMMERCIALIZATION INITIATIVE. (a) The 1-15 energy office shall develop a statewide plan for the coordinated 1-16 acceleration of the commercialization of fuel cell generation in 1-17 this state. The plan must explore and draw conclusions about the 1-18 availability and efficacy of alternative mechanisms that might be 1-19 created in cooperation with the private sector, utilities, and 1-20 other agencies to accelerate the commercial availability and 1-21 economic viability of fuel cells for use in this state. The plan 1-22 must consider, at a minimum, the use of: 1-23 (1) funds available to the energy office or additional 1-24 funding from other state, federal, or private sources for programs 1-25 of research and development, particularly incentives for commercial 1-26 installation of cells by residential, commercial, or industrial 1-27 utility customers; 1-28 (2) utility-administered incentive funds, consistent 1-29 with programs established under Chapter 39, Utilities Code; 1-30 (3) market mechanisms that might be created to assure 1-31 that clean emerging technologies may be compensated for their 1-32 contribution to the reduction of harmful emissions; and 1-33 (4) tax or other economic incentives. 1-34 (b) In developing the plan and proposed rules, guidelines, 1-35 and operating procedures, the energy office shall seek the 1-36 assistance and support of, as appropriate, the Texas Natural 1-37 Resource Conservation Commission, the Public Utility Commission of 1-38 Texas, and other state or local agencies. The plan must consider 1-39 the impact of the use of fuel cell technologies in areas of the 1-40 state that the energy office determines: 1-41 (1) are designated as nonattainment areas under 1-42 Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 1-43 7407); or 1-44 (2) have a high probability of being so designated in 1-45 the near future. 1-46 (c) Not later than September 15, 2002, the energy office 1-47 shall issue to the House Energy Resources Committee and the Senate 1-48 Business and Commerce Committee a report of its findings and 1-49 recommendations for development of the fuel cell commercialization 1-50 initiative, including: 1-51 (1) the state of the industry or of specific 1-52 components of the industry; 1-53 (2) alternative programs to accelerate the commercial 1-54 availability of fuel cells, including similar efforts by other 1-55 states; 1-56 (3) programs considered to encourage the industry to 1-57 locate manufacturing, system integration, or related component 1-58 parts or services in this state; and 1-59 (4) program recommendations, including how proposed 1-60 programs would work, the impact anticipated on industry 1-61 development, program costs and sources of funding, and proposed 1-62 measures of performance. 1-63 (d) The energy office shall appoint a fuel cell initiative 1-64 advisory committee to advise the energy office regarding 2-1 development of the plan and to assist the energy office in meeting 2-2 the goals of this Act. The energy office shall appoint to the 2-3 advisory committee representatives of: 2-4 (1) the fuel cell industry; 2-5 (2) energy services providers; 2-6 (3) electric transmission and distribution utilities; 2-7 (4) retail providers of electric energy; and 2-8 (5) small electric energy consumers. 2-9 SECTION 3. Subchapter B, Chapter 171, Tax Code, is amended by 2-10 adding Section 171.090 to read as follows: 2-11 Sec. 171.090. EXEMPTION--CORPORATION WITH BUSINESS INTEREST 2-12 IN FUEL CELL DEVICES. (a) In this section, "fuel cell device" 2-13 means an electrochemical cell in which the energy of a reaction 2-14 between a fuel, such as liquid hydrogen, and an oxidant, such as 2-15 liquid oxygen, is converted directly and continuously into 2-16 electrical energy. The term includes a mechanical or chemical 2-17 device that has the ability to store fuel cell-generated energy for 2-18 use in heating or cooling or in the production of power. 2-19 (b) A corporation engaged solely in the business of 2-20 manufacturing, selling, or installing fuel cell devices is exempted 2-21 from the franchise tax. 2-22 SECTION 4. Subchapter C, Chapter 171, Tax Code, is amended by 2-23 adding Section 171.1071 to read as follows: 2-24 Sec. 171.1071. DEDUCTION OF COST OF FUEL CELL DEVICE FROM 2-25 TAXABLE CAPITAL OR TAXABLE EARNED SURPLUS APPORTIONED TO THIS 2-26 STATE. (a) In this section, "fuel cell device" has the meaning 2-27 assigned to it in Section 171.090 of this code. 2-28 (b) A corporation may deduct from its apportioned taxable 2-29 capital the amortized cost of a fuel cell device or from its 2-30 apportioned taxable earned surplus 10 percent of the amortized cost 2-31 of a fuel cell device if: 2-32 (1) the device is acquired by the corporation for 2-33 heating or cooling or for the production of power; 2-34 (2) the device is used in this state by the 2-35 corporation; and 2-36 (3) the cost of the device is amortized in accordance 2-37 with Subsection (c) of this section. 2-38 (c) The amortization of the cost of a fuel cell device must: 2-39 (1) be for a period of at least 60 months; 2-40 (2) provide for equal monthly amounts; 2-41 (3) begin on the month in which the device is placed 2-42 in service in this state; and 2-43 (4) cover only a period in which the device is in use 2-44 in this state. 2-45 (d) A corporation that makes a deduction under this section 2-46 shall file with the comptroller an amortization schedule showing 2-47 the period in which a deduction is to be made. On the request of 2-48 the comptroller, the corporation shall file with the comptroller 2-49 proof of the cost of the fuel cell device or proof of the device's 2-50 operation in this state. 2-51 (e) A corporation may elect to make the deduction authorized 2-52 by this section either from apportioned taxable capital or 2-53 apportioned taxable earned surplus for each separate regular annual 2-54 period. An election for an initial period applies to the second 2-55 tax period and to the first regular annual period. 2-56 SECTION 5. EFFECTIVE DATE. This Act takes effect September 2-57 1, 2001. 2-58 * * * * *