[Congressional Record Volume 162, Number 56 (Wednesday, April 13, 2016)]
[Senate]
[Page S2032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3689. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 3679 proposed by Mr. McConnell (for Mr. Thune (for 
himself and Mr. Nelson)) to the bill H.R. 636, to amend the Internal 
Revenue Code of 1986 to permanently extend increased expensing 
limitations, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INVESTMENT TAX CREDIT FOR COMMUNITY WIND PROJECTS 
                   HAVING GENERATION CAPACITY OF NOT MORE THAN 20 
                   MEGAWATTS.

       (a) Short Title.--This section may be cited as the 
     ``Distributed and Community Wind Energy Act''.
       (b) In General.--Paragraph (4) of section 48(c) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking subparagraph (A) and inserting the 
     following new subparagraph:
       ``(A) In general.--The term `qualified small wind energy 
     property' means--
       ``(i) property which uses a qualifying small wind turbine 
     to generate electricity, or
       ``(ii) property which uses 1 or more wind turbines with an 
     aggregate nameplate capacity of more than 100 kilowatts but 
     not more than 20 megawatts.'',
       (2) by redesignating subparagraph (C) as subparagraph (D) 
     and by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to prevent improper 
     division of property to attempt to meet the limitation under 
     subparagraph (A)(ii).'', and
       (3) in subparagraph (D), as redesignated by paragraph (2), 
     by striking ``December 31, 2016'' and inserting ``December 
     31, 2021''.
       (c) Denial of Production Credit.--Paragraph (1) of section 
     45(d) of the Internal Revenue Code of 1986 is amended by 
     striking the period at the end and inserting ``or any 
     facility which is a qualified small wind energy property 
     described in section 48(c)(4)(A)(ii) with respect to which 
     the credit under section 48 is allowable.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
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