I 111th CONGRESS 2d Session H. R. 5352 IN THE HOUSE OF REPRESENTATIVES May 20, 2010 Mr. Young of Alaska 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 require hydroelectric energy generated in Alaska to be considered as renewable energy for purposes of Federal programs and standards.

1.

Short title

This Act may be cited as the The Alaska Clean Energy Development Act.

2.

Hydroelectric energy as renewable energy

Notwithstanding any other provision of law or regulation, for purposes of any Federal program or standard, renewable energy shall include hydroelectric energy generated in the State of Alaska by a hydroelectric facility— (1)that has a nameplate capacity rating of a wattage that is less than 50 megawatts; or (2)through the use of— (A)a lake tap or siphon; (B)pumped storage; or (C)a run of the river system.

3.

Additional hydroelectric facilities eligible for the credit for electricity generated from renewable resources

(a)

In general

Subparagraph (A) of section 45(c)(8) of the Internal Revenue Code of 1986 (defining qualified hydropower production) is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and, and by adding at the end the following new clause: (iii)hydropower production from a hydroelectric facility described in subparagraph (D). . (b)

Eligible production

Paragraph (8) of section 45(c) of such Code is amended by adding at the end the following new subparagraph: (D)

Other hydropower production facilities

A hydroelectric facility is described in this subparagraph if the hydroelectric facility generates power in the State of Alaska and— (i)has a nameplate capacity rating of a wattage that is less than 50 megawatts, or (ii)generates the power through the use of— (I)a lake tap or siphon; (II)pumped storage; or (III)a run of the river system. . (c)

Qualified facilities

Paragraph (9) of section 45(d) of such Code is amended by redesignating subparagraph (C) as subparagraph (D), by striking and at the end of subparagraph (A), and by striking subparagraph (B) and inserting the following new subparagraphs: (B)any facility which is not described in subparagraph (A) or (C) and which is placed in service after August 8, 2005, and before January 1, 2014, and (C)any facility which is described in subsection (c)(8)(D) and which is placed in service after the date of the enactment of this subparagraph. . (d)

Effective date

The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.