[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4149 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4149

   To amend the Internal Revenue Code of 1986 to provide a renewable 
electricity integration credit for a utility that purchases or produces 
                            renewable power.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

  Ms. Markey of Colorado (for herself and Mr. Paulsen) 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 provide a renewable 
electricity integration credit for a utility that purchases or produces 
                            renewable power.

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

SECTION 1. RENEWABLE ELECTRICITY INTEGRATION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 45R. RENEWABLE ELECTRICITY INTEGRATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the renewable 
electricity integration credit for any taxable year is an amount equal 
to the product of--
            ``(1) the intermittent renewable portfolio factor of an 
        eligible taxpayer, multiplied by
            ``(2) the number of kilowatt hours of renewable electricity 
        purchased or produced by such taxpayer and sold by such 
        taxpayer to an unrelated person during the taxable year.
    ``(b) Intermittent Renewable Portfolio Factor.--The intermittent 
renewable portfolio factor for an eligible taxpayer shall be determined 
as follows:


----------------------------------------------------------------------------------------------------------------
                                         For taxable years beginning
 ``In the case of an eligible taxpayer  before 2012, the intermittent   For taxable years beginning in or after
     whose intermittent renewable         renewable portfolio factor        2012, the intermittent renewable
      electricity percentage is:                     is:                          portfolio factor is:
----------------------------------------------------------------------------------------------------------------
Less than 4 percent...................  0 cents......................  0 cents
At least 4 percent but less than 8      0.10 cents...................  0 cents
 percent.
At least 8 percent but less than 12     0.20 cents...................  0.20 cents
 percent.
At least 12 percent but less than 16    0.30 cents...................  0.30 cents
 percent.
At least 16 percent but less than 20    0.40 cents...................  0.40 cents
 percent.
At least 20 percent but less than 24    0.50 cents...................  0.50 cents
 percent.
Equal to or greater than 24 percent...  0.60 cents...................  0.60 cents
----------------------------------------------------------------------------------------------------------------

    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible taxpayer.--The term `eligible taxpayer' 
        means an electric utility (as defined in section 3(22) of the 
        Federal Power Act (16 U.S.C. 796(22)).
            ``(2) Renewable electricity.--The term `renewable 
        electricity' means electricity generated by--
                    ``(A) a facility using wind to produce such 
                electricity, and
                    ``(B) a facility using solar energy to generate 
                such electricity.
            ``(3) Intermittent renewable electricity percentage.--The 
        term `intermittent renewable electricity percentage' means the 
        percentage of an electric utility's total sales to retail load 
        customers that is derived from renewable electricity, whether 
        purchased or produced by the taxpayer.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38 of such Code is amended--
            (1) by striking ``plus'' at the end of paragraph (34),
            (2) by striking the period at the end of paragraph (35) and 
        inserting ``, plus'', and
            (3) by adding at the end the following new paragraph:
            ``(36) the renewable electricity integration credit 
        determined under section 45R(a).''.
    (c) Specified Credit.--Subparagraph (B) of section 38(c)(4) of such 
Code is amended--
            (1) by striking ``and'' at the end of clause (vii),
            (2) by striking the period at the end of clause (viii), and 
        inserting ``, and'', and
            (3) by adding at the end the following new clause:
                            ``(ix) the credit determined under section 
                        45R.''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following new item:

``Sec. 45R. Renewable electricity integration credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to electricity produced or purchased after December 31, 2009.
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