SENATE BILL 233

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO TAXATION; AMENDING THE ALTERNATIVE ENERGY PRODUCT MANUFACTURERS TAX CREDIT ACT TO INCLUDE PLANT PHOTOSYNTHESIS AS AN ELIGIBLE ALTERNATIVE ENERGY SOURCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 7-9J-2 NMSA 1978 (being Laws 2007, Chapter 204, Section 12) is amended to read:

     "7-9J-2. DEFINITIONS.--As used in the Alternative Energy Product Manufacturers Tax Credit Act:

          A. "alternative energy product" means an alternative energy vehicle, fuel cell system, renewable energy system or any component of an alternative energy vehicle, fuel cell system or renewable energy system [or]; components for integrated gasification combined cycle coal facilities and equipment related to the sequestration of carbon from integrated gasification combined cycle plants; or a product directly secreted by a single cell photosynthetic organism;

          B. "alternative energy vehicle" means a motor vehicle manufactured by an original equipment manufacturer that fully warrants and certifies that the motor vehicle meets the federal motor vehicle safety standards and is designed to be propelled in whole or in part by electricity; "alternative energy vehicle" includes a gasoline-electric hybrid motor vehicle exempt from the motor vehicle excise tax pursuant to Subsection [F] G of Section 7-14-6 NMSA 1978;

          C. "component" means a part, assembly of parts, material, ingredient or supply that is incorporated directly into an end product;

          D. "department" means the taxation and revenue department, the secretary of taxation and revenue or an employee of the department exercising authority lawfully delegated to that employee by the secretary;

          E. "fuel cell system" means a system that converts hydrogen, natural gas or waste gas to electricity without combustion, including:

                (1) a fuel cell or a system used to generate or reform hydrogen for use in a fuel cell; or

                (2) a system used to generate or reform hydrogen for use in a fuel cell, including:

                     (a) electrolyzers that use renewable energy; and

                     (b) reformers that use natural gas as the feedstock;

          F. "manufacturing" means combining or processing components or materials to increase their value for sale in the ordinary course of business, but "manufacturing" does not include construction, farming, power generation or processing natural resources;

          G. "manufacturing equipment" means an essential machine, mechanism or tool or a component of an essential machine, mechanism or tool used directly and exclusively in a taxpayer's manufacturing operation and that is subject to depreciation pursuant to the Internal Revenue Code of 1986 by the taxpayer carrying on the manufacturing; provided that "manufacturing equipment" does not include a vehicle that leaves the site of a manufacturing operation for the purpose of transporting persons or property, including property for which the taxpayer claims a credit pursuant to Section 7-9-79 NMSA 1978;

          H. "manufacturing operation" means a plant employing personnel to perform production tasks, in conjunction with manufacturing equipment not previously existing at the site, to produce alternative energy products;

          I. "modified combined tax liability" means the total liability for the reporting period for the gross receipts tax imposed by Section 7-9-4 NMSA 1978 together with any tax collected at the same time and in the same manner as that gross receipts tax, such as the compensating tax, the withholding tax, the interstate telecommunications gross receipts tax, the surcharge imposed by Section 63-9D-5 NMSA 1978 and the surcharge imposed by Section 63-9F-11 NMSA 1978, minus the amount of any credit other than the alternative energy product manufacturers tax credit applied against any or all of those taxes or surcharges; provided that "modified combined tax liability" excludes all amounts collected with respect to local option gross receipts taxes;

          J. "pass-through entity" means a business association other than:

                (1) a sole proprietorship;

                (2) an estate or trust;

                (3) a corporation, limited liability company, partnership or other entity that is not a sole proprietorship taxed as a corporation for federal income tax purposes for the taxable year; or

                (4) a partnership that is organized as an investment partnership in which the partner's income is derived solely from interest, dividends and sales of securities;

          K. "qualified expenditure" means an expenditure for the purchase of manufacturing equipment made after July 1, 2006 by a taxpayer approved by the department;

          L. "renewable energy" means energy from solar heat, solar light, wind, geothermal energy, landfill gas or biomass either singly or in combination that produces low or zero emissions and has substantial long-term production potential;

          M. "renewable energy system" means a system using only renewable energy to produce hydrogen or to generate electricity, including related cogeneration systems that create mechanical energy or that produce heat or steam for space or water heating and agricultural or small industrial processes and includes a:

                (1) photovoltaic energy system;

                (2) solar-thermal energy system;

                (3) biomass energy system;

                (4) wind energy system;

                (5) hydrogen production system; or

                (6) battery cell energy system; and

          N. "taxpayer" means a person that files a New Mexico corporate income tax return, including a shareholder, member, partner or other owner of a pass-through entity, [who] that is liable for payment of a tax or to whom an assessment has been made if the assessment remains unabated or the amount thereof has not been paid."

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