Page:United States Statutes at Large Volume 119.djvu/1064

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[119 STAT. 1046]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 1046]

119 STAT. 1046

PUBLIC LAW 109–58—AUG. 8, 2005 ‘‘(ii) the original use of which commences with the taxpayer, ‘‘(iii) which is acquired by the taxpayer for use or lease, but not for resale, and ‘‘(iv) which is made by a manufacturer. ‘‘(B) ALTERNATIVE FUEL.—The term ‘alternative fuel’ means compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, and any liquid at least 85 percent of the volume of which consists of methanol. ‘‘(5) CREDIT FOR MIXED-FUEL VEHICLES.— ‘‘(A) IN GENERAL.—In the case of a mixed-fuel vehicle placed in service by the taxpayer during the taxable year, the credit determined under this subsection is an amount equal to— ‘‘(i) in the case of a 75/25 mixed-fuel vehicle, 70 percent of the credit which would have been allowed under this subsection if such vehicle was a qualified alternative fuel motor vehicle, and ‘‘(ii) in the case of a 90/10 mixed-fuel vehicle, 90 percent of the credit which would have been allowed under this subsection if such vehicle was a qualified alternative fuel motor vehicle. ‘‘(B) MIXED-FUEL VEHICLE.—For purposes of this subsection, the term ‘mixed-fuel vehicle’ means any motor vehicle described in subparagraph (C) or (D) of paragraph (3), which— ‘‘(i) is certified by the manufacturer as being able to perform efficiently in normal operation on a combination of an alternative fuel and a petroleum-based fuel, ‘‘(ii) either— ‘‘(I) has received a certificate of conformity under the Clean Air Act, or ‘‘(II) has received an order certifying the vehicle as meeting the same requirements as vehicles which may be sold or leased in California and meets or exceeds the low emission vehicle standard under section 88.105–94 of title 40, Code of Federal Regulations, for that make and model year vehicle, ‘‘(iii) the original use of which commences with the taxpayer, ‘‘(iv) which is acquired by the taxpayer for use or lease, but not for resale, and ‘‘(v) which is made by a manufacturer. ‘‘(C) 75/25 MIXED-FUEL VEHICLE.—For purposes of this subsection, the term ‘75/25 mixed-fuel vehicle’ means a mixed-fuel vehicle which operates using at least 75 percent alternative fuel and not more than 25 percent petroleumbased fuel. ‘‘(D) 90/10 MIXED-FUEL VEHICLE.—For purposes of this subsection, the term ‘90/10 mixed-fuel vehicle’ means a mixed-fuel vehicle which operates using at least 90 percent alternative fuel and not more than 10 percent petroleumbased fuel.

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