[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5208 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5208

 To amend the Internal Revenue Code of 1986 to make permanent certain 
 tax incentives for alternative energy, to amend the Clean Air Act to 
     accelerate the use of renewable fuels, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2006

 Mr. Nussle (for himself, Mr. Latham, Mr. Leach, Mr. King of Iowa, Mr. 
     Boswell, Mr. Osborne, Mr. Hulshof, Mr. Terry, and Mr. Weller) 
 introduced the following bill; which was referred to the Committee on 
    Ways and Means, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to make permanent certain 
 tax incentives for alternative energy, to amend the Clean Air Act to 
     accelerate the use of renewable fuels, and for other purposes.

    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 ``Independence from Oil with 
Agriculture Act of 2006''.

SEC. 2. EXCISE TAX PROVISIONS AND INCOME TAX CREDIT FOR BIODIESEL AND 
              ETHANOL MADE PERMANENT.

    (a) Income Tax Credits.--
            (1) Section 40 of the Internal Revenue Code of 1986 
        (relating to alcohol used as fuel) is amended by striking 
        subsection (e).
            (2) Section 40A of such Code (relating to biodiesel and 
        renewable diesel used as fuel) is amended by striking 
        subsection (g).
    (b) Excise Tax Provisions.--
            (1) Subsection (b) of section 6426 of such Code (relating 
        to alcohol fuel mixture credit) is amended by striking 
        paragraph (5).
            (2) Subsection (c) of section 6426 of such Code (relating 
        to biodiesel mixture credit) is amended by striking paragraph 
        (6).
            (3) Paragraph (5) of section 6427(e) of such Code, as 
        amended by SAFETEA-LU, is amended--
                    (A) by striking subparagraphs (A) and (B),
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (A) and (B), respectively, and
                    (C) in subparagraph (A), as so redesignated, by 
                striking ``subparagraph (D)'' and inserting 
                ``subparagraph (B)''.

SEC. 3. CREDIT FOR ELECTRICITY PRODUCED FROM WIND, OPEN-LOOP BIOMASS, 
              AND CLOSED-LOOP BIOMASS MADE PERMANENT.

    (a) Wind.--Paragraphs (1) of section 45(d) of the Internal Revenue 
Code of 1986 is amended by striking ``, and before January 1, 2008''.
    (b) Closed-Loop Biomass.--Subparagraph (A) of section 45(d)(2) of 
such Code is amended--
            (1) in clause (i), by striking ``, and before January 1, 
        2008'', and
            (2) in clause (ii), by striking ``before January 1, 
        2008,''.
    (c) Open-Loop Biomass.--Subparagraph (A) of section 45(d)(3) of 
such Code is amended to read as follows:
                    ``(A) In general.--In the case of a facility using 
                open-loop biomass to produce electricity, the term 
                `qualified facility' means--
                            ``(i) in the case of a facility using 
                        agricultural livestock waste nutrients--
                                    ``(I) any facility owned by the 
                                taxpayer which is originally placed in 
                                service after the date of the enactment 
                                of this subclause, and
                                    ``(II) the nameplate capacity 
                                rating of which is not less than 150 
                                kilowatts, and
                            ``(ii) in the case of any other facility, 
                        any facility owned by the taxpayer.''.

SEC. 4. CREDIT FOR CLEAN-FUEL VEHICLE REFUELING PROPERTY MADE 
              PERMANENT.

    Section 30C of the Internal Revenue Code of 1986 (relating to 
clean-fuel vehicle refueling property credit) is amended by striking 
subsection (g).

SEC. 5. RENEWABLE FUELS PROGRAM.

    Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B) 
is amended as follows:
            (1) In the table in clause (i):
                    (A) Strike ``5.4'' and insert ``5.5'' in the item 
                relating to 2008.
                    (B) Strike ``6.1'' and insert ``6.5'' in the item 
                relating to 2009.
                    (C) Strike ``6.8'' and insert ``8.0'' in the item 
                relating to 2010.
                    (D) Strike ``7.4'' and insert ``10.0'' in the item 
                relating to 2011.
                    (E) Strike ``7.5'' and insert ``12.0'' in the item 
                relating to 2012.
            (2) In clause (i)(II)(aa) strike ``7,500,000,000'' and 
        insert ``12,000,000,000'' .
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