I 111th CONGRESS 2d Session H. R. 5977 IN THE HOUSE OF REPRESENTATIVES July 29, 2010 Mr. Tonko (for himself, Mr. Inslee, Ms. Berkley, and Mr. Paul) 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 tax incentives for producing electricity from wasted heat.

1.

Short title

This Act may be cited as the Heat is Power Act.

2.

Energy Credit for Wasted Heat to Electricity 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 adding at the end the following new clause: (viii)wasted heat to electricity property, . (b)

Wasted Heat to Electricty Property

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

Wasted heat to electricity property

(A)

Wasted heat to electricity property

The term wasted heat to electricity property means property comprising a system which generates electricity through the recovery of a qualified wasted heat resource. (B)

Qualified wasted heat resource defined

The term qualified wasted heat resource includes— (i)exhaust heat or flared gas from any industrial process, (ii)waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented, (iii)a pressure drop in any gas excluding any pressure drop to a condenser that subvents the resulting head, and (iv)such other forms of wasted heat resources as the Secretary may determine. (C)

Exception

The term qualified wasted heat resource does not include any heat resource from a process whose primary purpose is the generation of electricity utilizing a fossil fuel. (D)

Termination

The term wasted heat to electricity property shall not include any property placed in service after December 31, 2016. . (c)

Effective Date

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

3.

Production Credit for Electricity Produced From Wasted Heat

(a)

In General

Paragraph (1) of section 45(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , and, and by adding at the end the following new subparagraph: (J)wasted heat. . (b)

Wasted Heat

Subsection (c) of section 45 of such Code is amended by adding at the end the following new paragraph: (11)

Wasted Heat

The term wasted heat means a qualified wasted heat resource (as defined by section 48(c)(5)). . (c)

Definition of Facility

Subsection (d) of section 45 of such Code is amended by adding at the end the following new paragraph: (12)

Wasted Heat Facility

In the case of a facility using wasted heat to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service before January 1, 2017. . (d)

Credit Rate

Subparagraph (A) of section 45(b)(4) of such Code is amended by striking or (11) and inserting (11), or (12). (e)

Effective Date

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