I 111th CONGRESS 2d Session H. R. 5931 IN THE HOUSE OF REPRESENTATIVES July 29, 2010 Ms. Matsui (for herself, Mr. Inslee, and Ms. Giffords) 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 American Recovery and Reinvestment Act of 2009 and the Internal Revenue Code of 1986 to provide incentives for the development of solar energy.

1.

Short title

This Act may be cited as the Renewable Energy Incentive Act.

2.

Extension of grants for specified energy property in lieu of tax credits

(a)

In General

Subsection (a) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended— (1)in paragraph (1), by striking 2009 or 2010 and inserting 2009, 2010, 2011, or 2012, and (2)in paragraph (2)— (A)by striking after 2010 and inserting after 2012, and (B)by striking 2009 or 2010 and inserting 2009, 2010, 2011, or 2012. (b)

Conforming Amendment

Subsection (j) of section 1603 of division B of such Act is amended by striking 2011 and inserting 2013.

3.

Expansion of grants for specified energy property in lieu of tax credits

(a)

Grants allowed for certain governmental units and cooperative electric companies

(1)

In general

Subsection (g) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended— (A)in paragraph (1), by inserting other than a governmental unit which is a State utility with a service obligation (as such terms are defined in section 217 of the Federal Power Act, as in effect on the date of the enactment of this paragraph), after thereof),, (B)in paragraph (2), by inserting other than a mutual or cooperative electric company described in section 50(c)(12) of such Code after such Code, and (C)by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (2)

Conforming amendment

Paragraph (3) of section 1603(g) of division B of such Act, as redesignated by paragraph (1)(C), is amended by striking paragraph (1), (2), or (3) and inserting paragraph (1) or (2). (b)

No grants for portion of property financed with CREBs or tax-Exempt bonds

Section 1603 of division B of such Act, as amended by section 2, is amended by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively, and by inserting after subsection (g) the following new subsection: (h)

Special rule for bond financed property

The amount of any grant under this section with respect to any specified energy property shall not exceed an amount equal to— (1)the basis of such property, over (2)the portion of the basis of such property which is allocable to proceeds of any bond which is designated as a new clean renewable energy bond under section 54C of such Code or any bond the interest on which is exempt from tax under section 103 of such Code. . (c)

Treatment of grants for cooperative electric companies

Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I)In the case of a mutual or cooperative electric company described in this paragraph or an organization described in section 1381(a)(2)(C), subparagraph (A) shall be applied without taking into account any grant received under section 1603 of division B of the American Recovery and Reinvestment Act of 2009. . (d)

Effective Date

The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

4.

Credit for qualified solar manufacturing project property

(a)

In General

Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by inserting after clause (vii) the following new clause: (viii)qualified solar manufacturing project property, . (b)

Credit Percentage

Subclause (II) of section 48(a)(2)(A)(i) of such Code is amended by striking paragraph (3)(A)(i) and inserting clause (i) or (viii) of paragraph (3)(A). (c)

Qualified Solar Manufacturing Property

Section 48(c) of such Code is amended by adding at the end the following new paragraph: (5)

Qualified solar manufacturing project property

The term qualified solar manufacturing project property means any tangible personal property (not including a building or its structural components) purchased to re-equip, expand, or establish a manufacturing facility for the production of property described in subsection (a)(3)(A)(i), but only if such property is used as an integral part of the production process. Such term shall not include any property if such property has been certified for a credit under section 48C. . (d)

Property Eligible for Grant

Subsection (d) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended by inserting after paragraph (8) the following new paragraph: (9)

Qualified solar manufacturing project property

Any qualified solar manufacturing project property (as defined in section 48(c)(5) of such Code). . (e)

Effective Date

(1)

In general

The amendments made by subsections (a), (b), and (c) shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (2)

Grants

The amendment made by subsection (d) shall apply to property placed in service after the date of the enactment of this Act.

5.

Credit for high solarity disturbed private land consolidation

(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:

45S.

High solarity disturbed private land consolidation credit

(a)

In General

For purposes of section 38, the high solarity disturbed private land consolidation credit for any taxable year is an amount equal to 30 percent of any amounts paid during the taxable year to purchase more than 2 sections of contiguous high solarity disturbed private land for the purpose of consolidating the lands into a contiguous block suitable for the production of solar energy for use in a trade or business. (b)

High Solarity Disturbed Private Land

The term high solarity disturbed private land means real property which— (1)is located in the United States, (2)was acquired in units that averaged less than 100 contiguous acres from any private person, (3)is in a location identified on the July 2007 Concentrating Solar Power Resources Maps published by the National Renewable Energy Laboratory as— (A)having a solar resource of 7 kwh per square meter per year or higher, at 3 percent or less grade, and (B)outside of a sensitive environmental or urban area, (4)was previously disturbed either by residential or retail development, agriculture, industrial use, mining, or other mechanical disturbance, and (5)will be primarily used for generating solar electricity from property which is described in section 48(a)(3)(A)(i) within 5 years of the date of purchase. (c)

Reduction in Basis

If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (a), the basis of such property shall be reduced by the amount of the credit so determined. (d)

Property Used by Tax-Exempt Persons

For purposes of this section, rules similar to the rules of paragraphs (3) and (4) of section 50(b) shall apply. (e)

Recapture in Case of Disposition

The Secretary shall provide for the recapture of the amount of any credit allowed under this section if the property is not used for the production of solar energy in a trade or business within 5 years of the date of purchase.

. (b)

Credit Allowed as Business Credit

Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end the following new paragraph: (37)the high solarity disturbed private land consolidation credit determined under section 45S(a). . (c)

Basis Adjustment

Section 1016(a) of such Code is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and, and by adding at the end the following: (38)in the case of a facility with respect to which a credit was allowed under section 45S, to the extent provided in section 45S(c). . (d)

Clerical Amendment

The table of sections for 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 item: Sec. 45S. High solarity disturbed private land consolidation credit. . (e)

Effective Date

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

6.

Energy credit allowed for water heaters in pools located on commercial property

(a)

In General

Section 48(a)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by inserting located at a single family residence after swimming pool. (b)

Effective Date

The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act.