II 111th CONGRESS 1st Session S. 870 IN THE SENATE OF THE UNITED STATES April 22, 2009 Mrs. Lincoln (for herself, Mr. Roberts, and Ms. Snowe) 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 expand the credit for renewable electricity production to include electricity produced from biomass for on-site use and to modify the credit period for certain facilities producing electricity from open-loop biomass.

1.

Modification of renewable electricity production credit for biomass facilities

(a)

Credit allowed for on-site use of electricity produced from biomass

(1)

In general

Subsection (e) of section 45 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12)

Credit allowed for electricity produced from biomass for on-site use

In the case of electricity produced after December 31, 2008, at any facility described in paragraph (2) or (3) of subsection (d) which is equipped with a metering device to determine electricity consumption or sale, subsection (a)(2) shall be applied without regard to subparagraph (B) thereof with respect to such electricity produced and consumed at such facility. . (2)

Effective date

The amendment made by this subsection shall apply to electricity produced after December 31, 2008. (b)

Extended credit period for certain open-loop biomass facilities

(1)

In general

Clause (ii) of section 45(b)(4)(B) of the Internal Revenue Code of 1986 is amended by striking 5-year period and inserting 10-year period. (2)

Effective date

The amendment made by this subsection shall take effect on the date of the enactment of this Act.