[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 53 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                 H. R. 53

 To amend the Internal Revenue Code of 1986 to deny refinery expensing 
to owners of refineries that are permitted to increase the discharge of 
                    pollutants into the Great Lakes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

   Mr. Kirk (for himself, Mr. Roskam, Mr. Hinchey, and Mr. Kucinich) 
 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 deny refinery expensing 
to owners of refineries that are permitted to increase the discharge of 
                    pollutants into the Great Lakes.

    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 ``Bad Polluters Act of 2009''.

SEC. 2. DENIAL OF REFINERY EXPENSING IN THE CASE OF PERMITS ALLOWING 
              INCREASED POLLUTION INTO THE GREAT LAKES.

    (a) In General.--Section 179C of the Internal Revenue Code of 1986 
(relating to election to expense certain refineries) is amended by 
adding at the end the following new subsection:
    ``(i) Denial of Expensing in Cases of Increased Great Lakes 
Pollution.--
            ``(1) In general.--Subsection (a) shall not apply to any 
        taxpayer for any taxable year if such taxpayer--
                    ``(A) is a Great Lakes polluter for such taxable 
                year, or
                    ``(B) is related to any taxpayer who is a Great 
                Lakes polluter for the taxable year of such polluter 
                which ends in or with such taxable year of the 
                taxpayer.
            ``(2) Great lakes polluter.--For purposes of this 
        subsection, the term `Great Lakes polluter' means any person 
        for any taxable year if such person owns, directly or 
        indirectly, any portion of a refinery which is covered by a 
        National Pollutant Discharge Elimination System permit issued 
        by the Environmental Protection Agency (or an equivalent permit 
        issued by a State) which permits such refinery, for any period 
        which is part of such taxable year, to discharge any pollutant 
        into the Great Lakes in a quantity which (when expressed as an 
        annual limitation) exceeds the quantity (if any) of such 
        pollutant which was permitted to be discharged into the Great 
        Lakes from such refinery for calendar year 2006 under any 
        National Pollutant Discharge Elimination System permit (or 
        equivalent permit).
            ``(3) Related persons.--For purposes of this subsection, a 
        person shall be treated as related to another person if such 
        persons are treated as a single employer under subsection (a) 
        or (b) of section 52 or subsection (m) or (o) of section 414.
            ``(4) Special rule for new refineries.--In the case of any 
        refinery originally placed in service after December 31, 2005--
                    ``(A) paragraph (2) shall be applied by 
                substituting `the 1-year period beginning with the date 
                that such refinery was originally placed in service' 
                for `calendar year 2006', and
                    ``(B) such refinery shall not be taken into account 
                under this subsection with respect to any taxable year 
                beginning before the end of such 1-year period.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years ending after the date of the enactment of this Act.
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