PRINTER'S NO. 4259
No. 3001 Session of 1990
INTRODUCED BY S. H. SMITH, FARGO, FAIRCHILD, JACKSON, ANGSTADT,
JADLOWIEC, LEH, CAPPABIANCA, BATTISTO, BILLOW, RAYMOND,
STABACK, PESCI, BURD, HESS, DISTLER, HECKLER, ROBBINS,
E. Z. TAYLOR, ARGALL, PITTS, HAGARTY, GEIST, HERMAN, TRELLO,
ADOLPH, NAILOR, D. R. WRIGHT, NAHILL, BELARDI AND JAMES,
NOVEMBER 12, 1990
REFERRED TO COMMITTEE ON CONSERVATION, NOVEMBER 12, 1990
AN ACT
1 Amending the act of October 18, 1988 (P.L.756, No.108), entitled
2 "An act providing for the cleanup of hazardous waste sites;
3 providing further powers and duties of the Department of
4 Environmental Resources and the Environmental Quality Board;
5 providing for response and investigations for liability and
6 cost recovery; establishing the Hazardous Sites Cleanup Fund;
7 providing for certain fees and for enforcement, remedies and
8 penalties; and repealing certain provisions relating to the
9 rate of the capital stock franchise tax," providing for a
10 recycling equipment tax credit.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 102(12)(x) of the act of October 18, 1988
14 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act, is
15 amended to read:
16 Section 102. Declaration of policy.
17 The General Assembly finds and declares as follows:
18 * * *
19 (12) The following are the purposes of this act:
20 * * *
1 (x) It is in the public interest to eliminate
2 hazardous waste by encouraging and providing incentives
3 to reduce the volume of hazardous waste materials
4 produced, transported and disposed of in this
5 Commonwealth by providing [a special grant from the fund
6 to persons] a tax credit to taxpayers who purchase or
7 lease and install recycling equipment which is used
8 exclusively for the elimination of such materials by
9 reclaiming them on site and converting them into a raw-
10 material product that is reusable and nonhazardous.
11 Section 2. The act is amended by adding a section to read:
12 Section 905. Recycling equipment tax credit.
13 (a) Amount.--A taxpayer who purchases or leases recycling
14 equipment to be used exclusively within this Commonwealth shall
15 be entitled to a credit against the taxes imposed under Articles
16 IV and VI of the act of March 4, 1971 (P.L.6, No.2), known as
17 the Tax Reform Code of 1971, in an amount equal to 50% of the
18 installed cost of the recycling equipment. The amount of credit
19 claimed in the tax year during which the recycling equipment is
20 purchased or leased shall not exceed 20% of the amount of the
21 total credit allowable and shall not exceed 25% of the total of
22 the tax liability which would be otherwise due.
23 (b) Application procedure.--Application for a tax credit
24 must be made to the Department of Revenue by April 15 of the
25 year following the calendar year in which the recycling
26 equipment is purchased or leased. The application must include a
27 description of each item of recycling equipment purchased or
28 leased, the date of purchase or lease, the installed cost of the
29 recycling equipment, a statement of where the recycling
30 equipment is to be used and other information as the department
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1 may require. The Secretary of Revenue shall review all
2 applications received to determine whether expenditures for
3 which credits are requested meet the requirements of this
4 section and shall advise the taxpayer of the amount of credit
5 for which the taxpayer is eligible under this section.
6 (c) Expiration.--This section shall expire December 31,
7 1994.
8 Section 3. This act shall apply to tax years next commencing
9 on and after the effective date of this act, and to each tax
10 year thereafter until the expiration of section 905.
11 Section 4. This act shall take effect in 60 days.
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