[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1863 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1863

  To amend the Internal Revenue Code of 1986 to expand the credit for 
    electricity produced from certain renewable resources to energy 
                      produced from landfill gas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2001

   Mr. Camp (for himself, Mr. Ehlers, Mr. Foley, and Mrs. Johnson of 
 Connecticut) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to expand the credit for 
    electricity produced from certain renewable resources to energy 
                      produced from landfill gas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE 
              RESOURCES EXPANDED TO INCLUDE ENERGY PRODUCED FROM 
              LANDFILL GAS.

    (a) Landfill Gas Treated as Renewable Source.--Paragraph (1) of 
section 45(c) of the Internal Revenue Code of 1986 (relating to 
definitions) is amended by striking ``and'' at the end of subparagraph 
(B), by striking the period at the end of subparagraph (C) and 
inserting ``, and'', and by adding at the end the following new 
subparagraph:
                    ``(D) landfill gas.''
    (b) Landfill Gas Defined.--Subsection (c) of section 45 of such 
Code is amended by adding at the end the following new paragraph:
            ``(5) Landfill gas.--The term `landfill gas' means gas 
        generated from the decomposition of municipal solid waste.''
    (c) Credit Also Allowable for Sale of Landfill Gas.--Section 45 of 
such Code is amended by adding at the end the following new subsection:
    ``(e) Credit Allowable for Sale of Landfill Gas.--
            ``(1) In general.--In the case of landfill gas which is 
        produced by the taxpayer but not used by the taxpayer to 
        produce electricity, paragraph (2) of subsection (a) shall be 
        applied as if it read as follows:
            ```(2) the kilowatt-hour equivalent of the landfill gas--
                    ```(A) produced by the taxpayer at a qualified 
                facility during the 10-year period beginning on the 
                date the facility was originally placed in service, and
                    ```(B) sold by the taxpayer to an unrelated person 
                during the taxable year.'
            ``(2) Kilowatt hour equivalent.--For purposes of applying 
        this subsection, the kilowatt hour equivalent for landfill gas 
        is the amount of such gas which has a Btu content of 10,000.
            ``(3) Special rules.--In the case of landfill gas to which 
        this subsection applies--
                    ``(A) the reference to electricity in paragraphs 
                (1) and (4) of subsection (d) shall be treated as 
                including a reference to such gas,
                    ``(B) the reference price for such gas shall be 
                determined under subsection (d)(2)(C) on the basis of 
                kilowatt hour equivalents, and
                    ``(C) the reference to ownership interests in 
                subsection (d)(3) shall be treated as including a 
                reference to any economic interest.''
    (d) Qualified Facility.--Paragraph (3) of section 45(c) of such 
Code is amended--
            (1) by striking ``2002'' each place it appears and 
        inserting ``2004'', and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Landfill gas facility.--
                            ``(i) In general.--In the case of a 
                        landfill gas facility, the term `qualified 
                        facility' means any facility of the taxpayer 
                        which is originally placed in service after 
                        June 30, 1998, and before January 1, 2004.
                            ``(ii) Landfill gas facility.--For purposes 
                        of clause (i), the term `landfill gas facility' 
                        means equipment and housing required to produce 
                        electricity from landfill gas or to produce 
                        landfill gas for sale (not including wells and 
                        related systems required to collect and 
                        transmit gas to such equipment and housing).''
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
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