[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3137 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3137

   To amend the Internal Revenue Code of 1986 to provide that solar 
 electric property need not be located on the property with respect to 
    which it is generating electricity in order to qualify for the 
             residential energy efficient property credit.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2010

   Mr. Udall of Colorado (for himself, Mr. Bennet, and Mr. Merkley) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend the Internal Revenue Code of 1986 to provide that solar 
 electric property need not be located on the property with respect to 
    which it is generating electricity in order to qualify for the 
             residential energy efficient property 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 ``Solar Uniting Neighborhoods (SUN) 
Act of 2010''.

SEC. 2. CLARIFICATION WITH RESPECT TO LOCATION OF SOLAR ELECTRIC 
              PROPERTY.

    (a) In General.--Section 25D(d)(2) of the Internal Revenue Code of 
1986 is amended--
            (1) by striking ``The term'' and inserting the following:
                    ``(A) In general.--The term'', and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Off-site property.--
                            ``(i) In general.--Such term shall include 
                        an expenditure for qualified property described 
                        in the subparagraph (A) notwithstanding--
                                    ``(I) whether such qualified 
                                property is located on the same site as 
                                the dwelling unit for which the 
                                electricity generated from such 
                                property is used, and
                                    ``(II) whether the electricity 
                                generated by the qualified property 
                                enters the electrical grid, so long as 
                                such electricity enters the grid at any 
                                point located on the same local 
                                electrical grid to which such dwelling 
                                unit is connected.
                            ``(ii) Qualified property.--For purposes of 
                        this subparagraph, the term `qualified 
                        property' means property--
                                    ``(I) which is not used in a trade 
                                or business or an activity engaged in 
                                for profit, and
                                    ``(II) the electricity generated 
                                from which does not result in annual 
                                income to the taxpayer in excess of 
                                amounts that would otherwise be charged 
                                to such taxpayer for electricity used 
                                at the taxpayer's residence during the 
                                year.
                            ``(iii) Recapture.--The Secretary may 
                        provide for the recapture of the credit under 
                        this subsection with respect to any property 
                        described in this subparagraph which ceases to 
                        be qualified property.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
                                 <all>