[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6914 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6914

To amend the Internal Revenue Code of 1986 to extend certain renewable 
        energy provisions for 10 years, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2008

   Mr. Holt 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 extend certain renewable 
        energy provisions for 10 years, 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 ``Renewable Energy Tax Extenders 
Act''.

SEC. 2. RENEWABLE ENERGY CREDIT.

    (a) 10-Year Extension.--Each of the following provisions of section 
45(d) of the Internal Revenue Code of 1986 is amended by striking 
``January 1, 2009'' and inserting ``January 1, 2019'':
            (1) Paragraph (1).
            (2) Clauses (i) and (ii) of paragraph (2)(A).
            (3) Clauses (i)(I) and (ii) of paragraph (3)(A).
            (4) Paragraph (4).
            (5) Paragraph (5).
            (6) Paragraph (6).
            (7) Paragraph (7).
            (8) Subparagraphs (A) and (B) of paragraph (9).
    (b) Expansion of Biomass Facilities.--
            (1) Open-loop biomass facilities.--Paragraph (3) of section 
        45(d) of the Internal Revenue Code of 1986 is amended by 
        redesignating subparagraph (B) as subparagraph (C) and by 
        inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Expansion of facility.--Such term shall 
                include a new unit placed in service after the date of 
                the enactment of this subparagraph in connection with a 
                facility described in subparagraph (A), but only to the 
                extent of the increased amount of electricity produced 
                at the facility by reason of such new unit.''.
            (2) Closed-loop biomass facilities.--Paragraph (2) of 
        section 45(d) of such Code is amended by redesignating 
        subparagraph (B) as subparagraph (C) and inserting after 
        subparagraph (A) the following new subparagraph:
                    ``(B) Expansion of facility.--Such term shall 
                include a new unit placed in service after the date of 
                the enactment of this subparagraph in connection with a 
                facility described in subparagraph (A)(i), but only to 
                the extent of the increased amount of electricity 
                produced at the facility by reason of such new unit.''.
    (c) Modification of Rules for Hydropower Production.--Subparagraph 
(C) of section 45(c)(8) of such Code is amended to read as follows:
                    ``(C) Nonhydroelectric dam.--For purposes of 
                subparagraph (A), a facility is described in this 
                subparagraph if--
                            ``(i) the hydroelectric project installed 
                        on the nonhydroelectric dam is licensed by the 
                        Federal Energy Regulatory Commission and meets 
                        all other applicable environmental, licensing, 
                        and regulatory requirements,
                            ``(ii) the nonhydroelectric dam was placed 
                        in service before the date of the enactment of 
                        this paragraph and operated for flood control, 
                        navigation, or water supply purposes and did 
                        not produce hydroelectric power on the date of 
                        the enactment of this paragraph, and
                            ``(iii) the hydroelectric project is 
                        operated so that the water surface elevation at 
                        any given location and time that would have 
                        occurred in the absence of the hydroelectric 
                        project is maintained, subject to any license 
                        requirements imposed under applicable law that 
                        change the water surface elevation for the 
                        purpose of improving environmental quality of 
                        the affected waterway.
                The Secretary, in consultation with the Federal Energy 
                Regulatory Commission, shall certify if a hydroelectric 
                project licensed at a nonhydroelectric dam meets the 
                criteria in clause (iii). Nothing in this section shall 
                affect the standards under which the Federal Energy 
                Regulatory Commission issues licenses for and regulates 
                hydropower projects under part I of the Federal Power 
                Act.''.
    (d) Effective Date.--
            (1) Extension.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        property originally placed in service after December 31, 2008.
            (2) Expansion of biomass facilities.--The amendments made 
        by subsection (d) shall apply to property placed in service 
        after the date of the enactment of this Act.

SEC. 3. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM MARINE 
              RENEWABLES.

    (a) In General.--Paragraph (1) of section 45(c) of the Internal 
Revenue Code of 1986 is amended by striking ``and'' at the end of 
subparagraph (G), by striking the period at the end of subparagraph (H) 
and inserting
``, and'', and by adding at the end the following new subparagraph:
                    ``(I) marine and hydrokinetic renewable energy.''.
    (b) Marine Renewables.--Subsection (c) of section 45 of such Code 
is amended by adding at the end the following new paragraph:
            ``(10) Marine and hydrokinetic renewable energy.--
                    ``(A) In general.--The term `marine and 
                hydrokinetic renewable energy' means energy derived 
                from--
                            ``(i) waves, tides, and currents in oceans, 
                        estuaries, and tidal areas,
                            ``(ii) free flowing water in rivers, lakes, 
                        and streams,
                            ``(iii) free flowing water in an irrigation 
                        system, canal, or other man-made channel, 
                        including projects that utilize nonmechanical 
                        structures to accelerate the flow of water for 
                        electric power production purposes, or
                            ``(iv) differentials in ocean temperature 
                        (ocean thermal energy conversion).
                    ``(B) Exceptions.--Such term shall not include any 
                energy which is derived from any source which utilizes 
                a dam, diversionary structure (except as provided in 
                subparagraph (A)(iii)), or impoundment for electric 
                power production purposes.''.
    (c) Definition of Facility.--Subsection (d) of section 45 of such 
Code is amended by adding at the end the following new paragraph:
            ``(11) Marine and hydrokinetic renewable energy 
        facilities.--In the case of a facility producing electricity 
        from marine and hydrokinetic renewable energy, the term 
        `qualified facility' means any facility owned by the taxpayer--
                    ``(A) which has a nameplate capacity rating of at 
                least 150 kilowatts, and
                    ``(B) which is originally placed in service on or 
                after the date of the enactment of this paragraph and 
                before January 1, 2019.''.
    (d) Credit Rate.--Subparagraph (A) of section 45(b)(4) of such Code 
is amended by striking ``or (9)'' and inserting ``(9), or (11)''.
    (e) Coordination With Small Irrigation Power.--Paragraph (5) of 
section 45(d) of such Code, as amended by section 1, is amended by 
striking ``January 1, 2019'' and inserting ``the date of the enactment 
of paragraph (11)''.
    (f) Effective Date.--The amendments made by this section shall 
apply to electricity produced and sold after the date of the enactment 
of this Act, in taxable years ending after such date.

SEC. 4. ENERGY CREDIT.

    (a) Extension of Credit.--
            (1) Solar energy property.--Paragraphs (2)(A)(i)(II) and 
        (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 
        1986 are each amended by striking ``January 1, 2009'' and 
        inserting ``January 1, 2019''.
            (2) Fuel cell property.--Subparagraph (E) of section 
        48(c)(1) of such Code is amended by striking ``December 31, 
        2008'' and inserting ``December 31, 2018''.
            (3) Microturbine property.--Subparagraph (E) of section 
        48(c)(2) of such Code is amended by striking ``December 31, 
        2008'' and inserting ``December 31, 2018''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 5. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

    (a) Extension.--Section 25D(g) of the Internal Revenue Code of 1986 
is amended by striking ``December 31, 2008'' and inserting ``December 
31, 2018''.
    (b) Credit for Geothermal Heat Pump Systems.--
            (1) In general.--Section 25D(a) of such Code is amended by 
        striking ``and'' at the end of paragraph (2), by striking the 
        period at the end of paragraph (3) and inserting ``, and'', and 
        by adding at the end the following new paragraph:
            ``(4) 30 percent of the qualified geothermal heat pump 
        property expenditures made by the taxpayer during such year.''.
            (2) Limitation.--Section 25D(b)(1) of such Code 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) $2,000 with respect to any qualified 
                geothermal heat pump property expenditures.''.
            (3) Qualified geothermal heat pump property expenditure.--
        Section 25D(d) of such Code is amended by adding at the end the 
        following new paragraph:
            ``(4) Qualified geothermal heat pump property 
        expenditure.--
                    ``(A) In general.--The term `qualified geothermal 
                heat pump property expenditure' means an expenditure 
                for qualified geothermal heat pump property installed 
                on or in connection with a dwelling unit located in the 
                United States and used as a residence by the taxpayer.
                    ``(B) Qualified geothermal heat pump property.--The 
                term `qualified geothermal heat pump property' means 
                any equipment which--
                            ``(i) uses the ground or ground water as a 
                        thermal energy source to heat the dwelling unit 
                        referred to in subparagraph (A) or as a thermal 
                        energy sink to cool such dwelling unit, and
                            ``(ii) meets the requirements of the Energy 
                        Star program which are in effect at the time 
                        that the expenditure for such equipment is 
                        made.''.
            (4) Maximum expenditures in case of joint occupancy.--
        Section 25D(e)(4)(A) of such Code is amended by striking 
        ``and'' at the end of clause (ii), by striking the period at 
        the end of clause (iii) and inserting ``, and'', and by adding 
        at the end the following new clause:
                            ``(iv) $6,667 in the case of any qualified 
                        geothermal heat pump property expenditures.''.
    (c) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2008.

SEC. 6. ALTERNATIVE MOTOR VEHICLE CREDIT.

    (a) Extension.--Subsection (j) of section 30B of the Internal 
Revenue Code of 1986 (relating to termination of credit) is amended to 
read as follows:
    ``(j) Termination.--This section shall not apply to any property 
purchased after December 31, 2018.''.
    (b) Repeal of Limitation on Number of New Qualified Hybrid and 
Advanced Lean-Burn Technology Vehicles Eligible for Credit.--Section 
30B of such Code is amended by striking subsection (f).
    (c) Effective Dates.--
            (1) Extension.--The amendment made by subsection (a) shall 
        take effect on the date of the enactment of this Act.
            (2) Repeal of limitation.--The amendment made by subsection 
        (b) shall apply to vehicles manufactured after December 31, 
        2008.
                                 <all>