[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5155 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5155
To amend the Internal Revenue Code of 1986 to include waste energy
recovery property in the energy credit.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2019
Mr. Schneider (for himself, Mr. Suozzi, Ms. Sanchez, Mr. Danny K. Davis
of Illinois, Mr. Beyer, Mr. Panetta, Mr. Blumenauer, and Ms. Moore)
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 include waste energy
recovery property in the energy 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 ``Waste Heat to Power Investment Tax
Credit Act of 2019''.
SEC. 2. INCLUSION OF WASTE ENERGY RECOVERY PROPERTY IN ENERGY CREDIT.
(a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code
of 1986 is amended by striking ``or'' at the end of clause (vi), by
adding ``or'' at the end of clause (vii), and by adding at the end the
following new clause:
``(viii) waste energy recovery property,''.
(b) Application of 30 Percent Credit.--Section 48(a)(2)(A)(i) of
such Code is amended by striking ``and'' at the end of subclauses (III)
and adding at the end the following new subclause:
``(V) waste energy recovery
property, and''.
(c) Phaseout.--Section 48(a) of such Code is amended by adding at
the end the following new paragraph:
``(8) Phaseout for waste energy recovery property.--
``(A) In general.--Subject to subparagraph (B), in
the case of any waste energy recovery property, the
energy percentage determined under paragraph (2) shall
be equal to--
``(i) in the case of any property the
construction of which begins after December 31,
2024, and before January 1, 2026, 26 percent,
and
``(ii) in the case of any property the
construction of which begins after December 31,
2025, and before January 1, 2027, 22 percent.
``(B) Placed in service deadline.--In the case of
any energy property described in subparagraph (A) which
is not placed in service before January 1, 2029, the
energy percentage determined under paragraph (2) shall
be equal to 0 percent.''.
(d) Definitions.--Section 48(c) of such Code is amended by adding
at the end the following new paragraph:
``(5) Waste energy recovery property.--
``(A) In general.--The term `waste energy recovery
property' means property that generates electricity
solely from heat from buildings or equipment if the
primary purpose of such building or equipment is not
the generation of electricity.
``(B) Capacity limitation.--The term `waste energy
recovery property' shall not include any property which
has a capacity in excess of 50 megawatts.
``(C) No double benefit.--Any waste energy recovery
property (determined without regard to this
subparagraph) which is part of a system which is a
combined heat and power system property shall not be
treated as waste energy recovery property for purposes
of this section unless the taxpayer elects to not treat
such system as a combined heat and power system
property for purposes of this section.
``(D) Termination.--The term `waste energy recovery
property' shall not include any property the
construction of which does not begin before January 1,
2027.''.
(e) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2019, under rules similar to the
rules of section 48(m) as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990.
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