[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 359 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 359

To amend the Internal Revenue Code of 1986 to modify the credit for the 
    production of electricity to include electricity produced from 
                         municipal solid waste.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2003

Mrs. Lincoln (for herself and Mr. Akaka) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to modify the credit for the 
    production of electricity to include electricity produced from 
                         municipal solid waste.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Waste to Energy Utilization Act of 
2003''.

SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM MUNICIPAL SOLID WASTE.

    (a) In General.--Section 45(c)(1) of the Internal Revenue Code of 
1986 (defining qualified energy resources) 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) municipal solid waste.''.
    (b) Qualified Facility.--Section 45(c)(3) of the Internal Revenue 
Code of 1986 (relating to qualified facility) is amended by adding at 
the end the following new subparagraph:
                    ``(D) Municipal solid waste facility.--
                            ``(i) In general.--In the case of a 
                        facility or unit using municipal solid waste to 
                        produce electricity, the term `qualified 
                        facility' means--
                                    ``(I) any facility owned by the 
                                taxpayer which is originally placed in 
                                service on or after date of the 
                                enactment of this subparagraph and 
                                before January 1, 2008, or
                                    ``(II) any unit owned by the 
                                taxpayer which is originally placed in 
                                service and added to another facility 
                                on or after such date of enactment and 
                                before January 1, 2008.
                            ``(ii) Special rule.--In the case of a 
                        qualified facility described in clause (i)(II), 
                        the 10-year period referred to in subsection 
                        (a) shall be treated as beginning no earlier 
                        than the date of the enactment of this 
                        subparagraph.
                            ``(iii) Credit eligibility.--In the case of 
                        any qualified facility described in clause (i), 
                        if the owner of such facility is not the 
                        producer of the electricity, the person 
                        eligible for the credit allowable under 
                        subsection (a) is the lessee or the operator of 
                        such facility.''.
    (c) Definition.--Section 45(c) of the Internal Revenue Code of 1986 
is amended by adding at the end the following new paragraph:
            ``(5) Municipal solid waste.--The term `municipal solid 
        waste' has the meaning given the term `solid waste' under 
        section 2(27) of the Solid Waste Disposal Act (42 U.S.C. 
        6903).''.
    (d) No Credit for Certain Production.--Section 45(d) of the 
Internal Revenue Code of 1986 (relating to definitions and special 
rules) is amended by adding at the end the following new paragraph:
            ``(8) Operations inconsistent with solid waste disposal 
        act.--In the case of a qualified facility described in 
        subsection (c)(3)(D), subsection (a) shall not apply to 
        electricity produced at such facility during any taxable year 
        if, during a portion of such year, there is a certification in 
        effect by the Administrator of the Environmental Protection 
        Agency that such facility was permitted in a manner 
        inconsistent with section 4003(d) of the Solid Waste Disposal 
        Act (42 U.S.C. 6943(d)).''.
    (e) Effective Date.--The amendments made by this section shall 
apply to electricity sold after the date of the enactment of this Act, 
in taxable years ending after such date.
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