HOUSE BILL No. 4765

 

May 16, 2007, Introduced by Reps. Mayes, Byrum, Valentine, Espinoza, Angerer, Constan, Spade, Sheltrown, Huizenga and Rick Jones and referred to the Committee on Agriculture.

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

(MCL 206.1 to 206.532) by adding section 273a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 273a. (1) For tax years that begin on and after January

 

1, 2007, a taxpayer that is engaged in research and development of

 

a biobased technology, bioproducts, biofuels, or bioenergy may

 

claim a credit against the tax imposed by this act equal to 10% of

 

the compensation as defined in section 6 for services performed in

 

a qualified facility or paid to the employees at the qualified

 

facility in the tax year. The maximum amount of the credit allowed

 

under this section that any 1 taxpayer may claim shall not exceed

 

$500,000.00 in a single tax year.

 

     (2) If the credit allowed under this section exceeds the tax


 

liability of the taxpayer for the tax year, that portion that

 

exceeds the tax liability shall not be refunded.

 

     (3) As used in this section:

 

     (a) "Biobased technology" means any technology that

 

facilitates the cultivation, harvest, preparation, deconstruction,

 

treatment, filtering, processing, or conversion of biomass into

 

biofuels, bioenergy, or bioproducts in an environmentally sound and

 

economically feasible manner.

 

     (b) "Bioenergy" means heat or electricity produced from the

 

thermal, mechanical, or biological processing of biomass. Bioenergy

 

does not include heat or electricity produced from the direct

 

combustion of biomass.

 

     (c) "Biofuels" means ethanol, biodiesel, butanol, or other

 

liquid fuels produced from biomass.

 

     (d) "Biomass" means any organic matter that is available on a

 

renewable or recurring basis, including, but not limited to,

 

agricultural crops, certain trees and grasses, plants, wood

 

residues, forest industry residues, food processing wastes,

 

municipal solid wastes, and agricultural residues and wastes such

 

as cornstalks, corncobs, and manure.

 

     (e) "Bioproducts" means industrial, commercial, or consumer

 

products made with, or composed in whole or in significant part of,

 

fibers; solid, liquid, or gaseous chemicals; proteins;

 

carbohydrates; lipids; minerals; or any other substance produced

 

from biomass.

 

     (f) "Qualified facility" means a facility owned, leased, or

 

operated by the taxpayer and used for the research and development


 

of biobased technology, bioproducts, biofuels, or bioenergy.

 

     (g) "Research and development" means "qualified research" as

 

that term is defined in section 41(d) of the internal revenue code.