[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3834 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3834

 To amend the Internal Revenue Code of 1986 to enhance incentives for 
renewable energy development in high job-loss zones in metropolitan and 
                    micropolitan statistical areas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2009

    Mr. Higgins (for himself, Mr. Hinchey, Mr. Massa, Ms. Moore of 
 Wisconsin, Mr. Maffei, Mr. Lee of New York, and Mr. Holt) 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 enhance incentives for 
renewable energy development in high job-loss zones in metropolitan and 
                    micropolitan statistical areas.

    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 ``Green Energy Investment Zone Act of 
2009''.

SEC. 2. INCREASE IN INCENTIVES RELATING TO ALTERNATIVE ENERGY 
              PROPERTIES IN HIGH JOB-LOSS AREAS.

    (a) Investment Tax Credits (Other Than Qualified Facilities).--
Paragraph (2) of section 48(a) of the Internal Revenue Code of 1986 is 
amended by adding at the end the following:
                    ``(C) Special rule for energy property located in 
                high job-loss zones.--
                            ``(i) In general.--In the case of any 
                        energy property placed in service in a green 
                        energy investment zone after the date of the 
                        enactment of this subparagraph, subparagraph 
                        (A) shall be applied--
                                    ``(I) by substituting `40 percent' 
                                for `30 percent' in clause (i) thereof, 
                                and
                                    ``(II) by substituting `20 percent' 
                                for `10 percent' in clause (ii) 
                                thereof.
                            ``(ii) Green energy investment zone.--For 
                        purposes of paragraph (1), the term `green 
                        energy investment zone' means an eligible city 
                        located within a high job-loss metropolitan 
                        statistical area or a high job-loss 
                        micropolitan statistical area.
                            ``(iii) Eligible city.--For purposes of 
                        clause (i)--
                                    ``(I) Metropolitan statistical 
                                area.--The term `eligible city' means, 
                                with respect to a metropolitan 
                                statistical area, any city in such area 
                                which has a population of at least 
                                50,000.
                                    ``(II) Micropolitan statistical 
                                area.--The term `eligible city' means, 
                                with respect to a micropolitan 
                                statistical area, any city in such area 
                                which has a population of at least 
                                10,000.
                        For purposes of this subparagraph, population 
                        shall be determined using the 2000 census.
                    ``(D) High-job loss.--For purposes of subparagraph 
                (C)--
                            ``(i) In general.--The term `high-job loss' 
                        with respect to a metropolitan or a 
                        micropolitan statistical area, as the case may 
                        be, means an area designated by the Secretary 
                        as being among the lowest \1/3\ of all 
                        metropolitan or micropolitan statistical areas, 
                        as the case may be, on the basis of--
                                    ``(I) the economic conditions 
                                referred to in clause (ii),
                                    ``(II) the residential economic 
                                well-being factors referred to in 
                                clause (iii), and
                                    ``(III) a comparison of changes 
                                from 1990 and 2000 (on the basis of the 
                                1990 and 2000 censuses) regarding--
                                            ``(aa) employment,
                                            ``(bb) wages,
                                            ``(cc) gross metropolitan 
                                        product or gross micropolitan 
                                        product, as the case may be, 
                                        and
                                            ``(dd) gross metropolitan 
                                        product per job or gross 
                                        micropolitan product per job, 
                                        as the case may be.
                            ``(ii) Economic conditions.--The economic 
                        conditions referred to in this clause are 
                        growth in--
                                    ``(I) employment,
                                    ``(II) annual payroll, and
                                    ``(III) business establishments.
                            ``(iii) Residential economic well-being 
                        factors.--The residential economic well-being 
                        factors referred to in the clause are--
                                    ``(I) per capita income,
                                    ``(II) median household income,
                                    ``(III) poverty rate,
                                    ``(IV) unemployment rate, and
                                    ``(V) labor force participation 
                                rate.''.
    (b) Election To Treat Qualified Facilities as Energy Property.--
Paragraph (5) of section 48(a) of such Code is amended by adding at the 
end the following:
                    ``(E) Special rule for facilities located in high 
                job-loss zones.--In the case of any qualified 
                investment credit facility placed in service in a green 
                energy investment zone (as defined in paragraph 
                (2)(C)(ii)) after the date of the enactment of this 
                subparagraph, subparagraph (A) shall be applied by 
                substituting `40 percent' for `30 percent' in clause 
                (ii) thereof.''.
    (c) Electricity Produced From Certain Renewable Resources, etc.--
Section 45 of such Code is amended by adding at the end the following:
    ``(f) Special Rule for Facilities Located in High Job-Loss Zones.--
In the case of electricity produced by a qualified facility placed in 
service in a high job loss metropolitan statistical area or 
micropolitan statistical area after the date of the enactment of this 
subsection, the amount in effect under subsection (a)(1) for a taxable 
year (without regard to this subsection) shall be increased by 0.5 
cents. For the preceding sentence, the term `high job loss' with 
respect to a metropolitan statistical area and a micropolitan 
statistical area has the meaning given such term by section 
48(a)(2)(D).''.
    (d) Grants for Specified Energy Property In Lieu of Production 
Credit.--Subsection (b) of section 1603 of the American Recovery and 
Reinvestment Tax Act of 2009 is amended by adding at the end the 
following new paragraph:
            ``(4) Special rule for specified energy property located in 
        high job-loss zones.--In the case of any specified energy 
        property placed in service in a green energy investment zone 
        (as defined in section 48(a)(2)(C)(ii)) after the date of the 
        enactment of this paragraph, paragraph (2) shall be applied--
                    ``(A) by substituting `40 percent' for `30 percent' 
                in subparagraph (A) thereof, and
                    ``(B) by substituting `20 percent' for `10 percent' 
                in subparagraph (B) thereof.''.
    (e) Nonbusiness Energy Property.--
            (1) In general.--Subsection (a) of section 25C of such Code 
        is amended by adding at the end the following flush sentence:
``In the case of any such improvement or property which was 
manufactured in a green energy investment zone (as defined in section 
48(a)(2)(C)(ii)) after the date of the enactment of this sentence, the 
preceding sentence shall be applied by substituting `40 percent' for 
`30 percent'.''.
            (2) Increase in limitation.--Subsection (b) of section 25C 
        of such Code is amended by striking ``$1,500'' and inserting 
        ``$2,000''.
    (f) Residential Energy Efficient Property.--
            (1) In general.--Subsection (a) of section 25D of such Code 
        is amended by adding at the end the following flush sentence:
``In the case of property manufactured in a green energy investment 
zone (as defined in section 48(a)(2)(C)(ii)) after the date of the 
enactment of this sentence, the preceding sentence shall be applied by 
substituting `40 percent' for `30 percent' each place it appears.''.
            (2) Increase in limitation.--Paragraph (1) of section 
        25D(b) of such Code is amended by striking ``$500'' and 
        inserting ``$750''.
    (g) Qualifying Advanced Energy Project Credit.--Paragraph (3) of 
section 48C(d) of such Code is amended by striking ``and'' at the end 
of subparagraph (A), by striking the period at the end of subparagraph 
(B) and inserting ``, and'', and by inserting after subparagraph (B) 
the following:
                    ``(C) shall take into consideration whether the 
                project is located in a green energy investment zone 
                (as defined in section 48(a)(2)(C)(ii)).''.
    (h) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act.
            (2) Increase in limitations.--The amendments made by 
        subsections (e)(2) and (f)(2) shall apply to taxable years 
        beginning after December 31, 2008.
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