[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3479

  To amend the Internal Revenue Code of 1986 to provide a credit for 
developing and implementing plans to address non-point source pollution 
              affecting nationally significant estuaries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2015

Mr. MacArthur (for himself, Mr. LoBiondo, and Mr. Smith of New Jersey) 
 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 a credit for 
developing and implementing plans to address non-point source pollution 
              affecting nationally significant estuaries.

    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 ``Save our Bays Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to reduce non-point source pollution of 
any estuary in the National Estuary Program by promoting investment in 
any of the following:
            (1) Restoring and improving soil functionality, including 
        by increasing water infiltration and water conservation.
            (2) Increasing storm water retention onsite.
            (3) Reducing impervious cover via usage of pervious 
        materials in patios, walkways, and other surfaces.
            (4) Establishing a 10 to 25 foot wide buffer of native 
        plants on private property which abuts any water body or 
        wetland.

SEC. 3. NON-POINT SOURCE POLLUTION.

    (a) In General.--Subpart B 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:

``SEC. 30E. NON-POINT SOURCE POLLUTION.

    ``(a) General Rule.--There shall be allowed as a credit against the 
tax imposed by this chapter an amount equal to the sum of--
            ``(1) the non-point source pollution planning credit, plus
            ``(2) the non-point source pollution plan implementation 
        credit.
    ``(b) Non-Point Source Pollution Planning Credit.--For purposes of 
this section, the non-point source pollution planning credit is an 
amount equal to $500 for developing a plan to address non-point source 
pollution carried by surface water runoff from eligible property that 
is owned by the taxpayer and certified by the County Soil Conversation 
District (in such manner as the County Soil Conversation District may 
determine) in which the real property is located, and
    ``(c) Non-Point Source Pollution Plan Implementation Credit.--The 
non-point source pollution plan implementation credit is an amount 
equal to the lesser of--
            ``(1) the amount paid or incurred for implementing the plan 
        referred to in subsection (b)(1) to mitigate non-point source 
        pollution on eligible property that is owned by the taxpayer 
        and certified by the County Soil Conversation District in which 
        the real property is located, or
            ``(2) $2,500.
    ``(d) Eligible Property.--For purposes of this section, the term 
`eligible property' means real property which is located in the United 
States within the boundaries of an estuary of national significance, as 
designated under section 320 of the Federal Water Pollution Control Act 
(33 U.S.C. 1330), and from which there is non-point source pollution.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) Application to noncontiguous parcels.--Each parcel of 
        noncontiguous real property shall be treated as separate.
            ``(2) Denial of double benefit.--
                    ``(A) Income tax.--No deduction or credit shall be 
                allowed under any other provision of this chapter for 
                amounts paid or incurred to develop or implement a non-
                point source pollution plan to the extent of amounts 
                allowed as a credit under this section relating to such 
                plan.
                    ``(B) Other.--The amount of expenses otherwise 
                taken into account under subsection (a) with respect to 
                a taxpayer for a taxable year shall be reduced (before 
                the application of subsections (b), (c), and (d)) by 
                the aggregate amounts paid received by the taxpayer in 
                any calendar year in which the taxable year of the 
                taxpayer ends under title XII of the Food Security Act 
                of 1985 (16 U.S.C. 3801 et seq.).
            ``(3) Election.--This section shall not apply to a taxpayer 
        for any taxable year if such taxpayer elects to have this 
        section not apply for such taxable year.
    ``(f) Application With Other Credits.--
            ``(1) Business credit treated as part of general business 
        credit.--So much of the credit which would be allowed under 
        subsection (a) for any taxable year (determined without regard 
        to this subsection) that is attributable to property of a 
        character subject to an allowance for depreciation shall be 
        treated as a credit listed in section 38(b) for such taxable 
        year (and not allowed under subsection (a)).
            ``(2) Personal credit.--For purposes of this title, the 
        credit allowed under subsection (a) for any taxable year 
        (determined after application of paragraph (1)) shall be 
        treated as a credit allowable under subpart A for such taxable 
        year.
    ``(g) Termination.--This section shall not apply to taxable years 
beginning after December 31, 2020.''.
    (b) Allowance as General 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:
            ``(37) the portion of the non-point source pollution credit 
        to which section 30E(f)(1) applies.''.
    (c) Clerical Amendment.--The table of contents for subpart B of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following new item:

``Sec. 30E. Non-point source pollution.''.
    (d) Report.--
            (1) Evaluation.--Not later than 1 year after the date of 
        the enactment of this Act, and every year thereafter for as 
        long as section 30E of the Internal Revenue Code of 1986 (as 
        added by this section) is in effect, the Administrator of the 
        Environmental Protection Agency and the Director of the U. S. 
        Geological Survey, acting through a joint working group which 
        the Administrator and the Director shall establish, shall 
        evaluate the effectiveness of the credit allowed under such 
        section 30E in achieving the purposes specified in section 2 
        and submit a report on such study and evaluation, together with 
        recommendations relating thereto, to the committees of Congress 
        specified in paragraph (2).
            (2) Committees.--The committees specified in this paragraph 
        are the Committee on Ways and Means and the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Environment and Public Works and the Committee on 
        Finance of the Senate.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2015.
                                 <all>