[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4374 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 4374

  To amend the Internal Revenue Code of 1986 to extend the credit for 
electricity produced from biomass, to provide credit rate parity under 
    such credit, and to exclude certain unprocessed fuels from the 
                  cellulosic biofuel producer credit.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

    Ms. Herseth Sandlin (for herself and Mr. Herger) 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 the credit for 
electricity produced from biomass, to provide credit rate parity under 
    such credit, and to exclude certain unprocessed fuels from the 
                  cellulosic biofuel producer credit.

    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 Biomass Fairness Act''.

SEC. 2. EXTENSION OF RENEWABLE ENERGY CREDIT.

    Each of the following provisions of section 45(d) of the Internal 
Revenue Code of 1986 (relating to qualified facilities) is amended by 
striking ``January 1, 2014'' and inserting ``January 1, 2019'':
            (1) Clauses (i) and (ii) of paragraph (2)(A) (relating to 
        closed-loop biomass facility).
            (2) Clauses (i)(I) and (ii) of paragraph (3)(A) (relating 
        to open-loop biomass facility).

SEC. 3. RATE PARITY FOR OPEN-LOOP AND CLOSED-LOOP BIOMASS FACILITIES 
              UNDER THE RENEWABLE RESOURCES TAX CREDIT.

    (a) In General.--Section 45(b)(4)(A) of the Internal Revenue Code 
of 1986 (relating to credit rate) is amended by striking ``(3),''.
    (b) Effective Date.--The amendment made by this section shall apply 
to electricity produced and sold after the date of the enactment of 
this Act.

SEC. 4. EXTENDED CREDIT PERIOD FOR CERTAIN OPEN-LOOP BIOMASS 
              FACILITIES.

    (a) In General.--Clause (ii) of section 45(b)(4)(B) of the Internal 
Revenue Code of 1986 is amended by striking ``5-year period'' and 
inserting ``10-year period''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to electricity produced and sold after December 31, 2009.

SEC. 5. EXCLUSION OF UNPROCESSED FUELS FROM THE CELLULOSIC BIOFUEL 
              PRODUCER CREDIT.

    (a) In General.--Subparagraph (E) of section 40(b)(6) of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new clause:
                            ``(iii) Exclusion of unprocessed fuels.--
                        The term `cellulosic biofuel' shall not include 
                        any fuel if--
                                    ``(I) more than 4 percent of such 
                                fuel (determined by weight) is any 
                                combination of water and sediment, or
                                    ``(II) the ash content of such fuel 
                                is more than 1 percent (determined by 
                                weight).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to fuels sold or used after the date of the enactment of this Act.
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