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A BILL TO BE ENTITLED
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AN ACT
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relating to a franchise tax credit for the acquisition and |
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installation of certain air quality monitoring devices to evaluate |
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the emission of air contaminants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 171, Tax Code, is amended by adding |
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Subchapter U to read as follows: |
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SUBCHAPTER U. TAX CREDIT FOR ACQUISITION AND INSTALLATION OF |
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CERTAIN AIR QUALITY MONITORING DEVICES TO MONITOR THE EMISSION OF |
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AIR CONTAMINANTS |
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Sec. 171.901. DEFINITIONS. In this subchapter: |
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(1) "Air quality monitoring device" means a device, |
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including a device that employs infrared technology, installed or |
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placed on the perimeter or within the boundaries of a facility to |
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evaluate the emission of air contaminants. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality or its successor. |
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(3) "Executive director" means the executive director |
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of the Texas Commission on Environmental Quality. |
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(4) "Major source" has the meaning assigned by Title V |
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of the federal Clean Air Act (42 U.S.C. Section 7661 et seq.). |
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Sec. 171.902. ENTITLEMENT TO CREDIT. A taxable entity is |
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entitled to a credit in the amount and under the conditions and |
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limitations provided by this subchapter against the tax imposed |
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under this chapter. |
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Sec. 171.903. QUALIFICATION. (a) A taxable entity |
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qualifies for a credit under this subchapter if the taxable entity: |
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(1) provides for daily monitoring of the emission of |
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air contaminants from a major source; |
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(2) makes and maintains records on the measuring and |
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monitoring of the emissions; and |
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(3) provides the commission a copy of the records on |
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the measuring and monitoring of the emissions periodically as |
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required by the commission. |
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(b) The taxable entity shall maintain records of air |
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monitoring data on site for review by the commission, including: |
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(1) each hazardous air pollutant listed under 42 |
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U.S.C. Section 7412 of the federal Clean Air Act that is applicable |
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to the major source; |
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(2) each air contaminant that the owner or operator |
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has reason to believe may be emitted from the major source; and |
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(3) any other air contaminant that the executive |
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director requests that the owner or operator monitor. |
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Sec. 171.904. AMOUNT; LIMITATIONS. (a) The amount of a |
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credit under this subchapter is equal to: |
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(1) on the first two reports for which the taxable |
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entity may claim the credit, 35 percent of the total cost of |
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acquiring and installing the air quality monitoring devices; and |
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(2) on the next three reports on which the taxable |
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entity may claim the credit, 10 percent of the total cost of |
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acquiring and installing the air quality monitoring devices. |
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(b) The taxable entity must claim the credit on consecutive |
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reports. |
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(c) The total credit claimed under this subchapter for a |
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report may not exceed the amount of franchise tax due after any |
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other applicable credits. |
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(d) A taxable entity may not convey, assign, or transfer a |
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credit under this subchapter to another entity unless all of the |
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assets of the taxable entity are conveyed, assigned, or transferred |
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in the same transaction. |
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Sec. 171.905. APPLICATION FOR CREDIT. A taxable entity |
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must apply for a credit under this subchapter on or with the tax |
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report for the period for which the credit is claimed. The taxable |
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entity shall file with the report a certification from the |
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commission confirming that the taxable entity provided the |
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commission a copy of the records on the measuring and monitoring of |
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the emissions as required by Section 171.903(a). |
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Sec. 171.906. RULES. The comptroller shall adopt rules |
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necessary to implement this subchapter. |
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SECTION 2. This Act applies to a report originally due on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect January 1, 2010. |