Page:United States Statutes at Large Volume 122.djvu/3859

 12 2 STA T .38 3 6PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 ratingofm or e t h an 14,0 00 p o u n dsb ut not more than 26 ,000 pounds, and ‘ ‘ (D)$ 1 5 ,000, in the c ase of an y ne wq ua l ified plug - in electric dri v e motor vehicle with a gross vehicle weight rating of more than 26,000 pounds . ‘‘(2) LIM I TA TI ON ONN U M BER O FP A S SEN G ER V E H I CL ES AN D LIGHT TRUC K S ELIGIBLE FOR CREDIT. — ‘‘( A ) I N GENERAL.—In the case of a new qualified plug- in electric drive motor vehicle sold during the phaseout period, only the applicable percentage of the credit other- wise allowable under subsection (a) shall be allowed. ‘‘( B ) P HASEOUT PERIOD.— F or purposes of this sub- section, the phaseout period is the period beginning with the second calendar quarter following the calendar quarter which includes the first date on which the total number of such new qualified plug-in electric drive motor vehicles sold for use in the U nited S tates after December 3 1, 200 8, is at least 250,000. ‘‘( C ) APPLICABLE PERCENTAGE.—For purposes of subparagraph (A), the applicable percentage is— ‘‘(i) 50 percent for the first 2 calendar quarters of the phaseout period, ‘‘(ii) 25 percent for the 3d and 4th calendar quar- ters of the phaseout period, and ‘‘(iii) 0 percent for each calendar quarter thereafter. ‘‘(D) CONTROLLED GROUPS.— R ules similar to the rules of section 30B(f)(4) shall apply for purposes of this sub- section. ‘‘(c) N E WQ UALIFIED PLUG-IN E LECTRIC DRIVE M OTOR V EHICLE.—For purposes of this section, the term ‘new qualified plug-in electric drive motor vehicle ’ means a motor vehicle— ‘‘(1) which draws propulsion using a traction battery with at least 4 k ilowatt hours of capacity, ‘‘(2) which uses an offboard source of energy to recharge such battery, ‘‘(3) which, in the case of a passenger vehicle or light truck which has a gross vehicle weight rating of not more than 8,500 pounds, has received a certificate of conformity under the Clean Air Act and meets or e x ceeds the equivalent qualifying California low emission vehicle standard under sec- tion 243(e)(2) of the Clean Air Act for that make and model year, and ‘‘(A) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5 T ier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, and ‘‘(B) in the case of a vehicle having a gross vehicle weight rating of more than 6,000 pounds but not more than 8,500 pounds, the Bin 8 Tier II emission standard which is so established, ‘‘(4) the original use of which commences with the taxpayer, ‘‘(5) which is acquired for use or lease by the taxpayer and not for resale, and ‘‘(6) which is made by a manufacturer. ‘‘(d) APPLICATION W ITH O THER CREDITS.—

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