[Congressional Record Volume 163, Number 194 (Wednesday, November 29, 2017)]
[Senate]
[Pages S7415-S7416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1617. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 1, to provide for reconciliation pursuant to 
titles II and V of the concurrent resolution on the budget for fiscal 
year 2018; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TECHNOLOGIES FOR ENERGY JOBS AND SECURITY.

       (a) Extension and Phaseout of Residential Energy Efficient 
     Property.--
       (1) Extension.--Section 25D(h) is amended by striking 
     ``December 31, 2016 (December 31, 2021, in the case of any 
     qualified solar electric property expenditures and qualified 
     solar water heating property expenditures)'', and inserting 
     ``December 31, 2021''.
       (2) Phaseout.--
       (A) In general.--Paragraphs (3), (4), and (5) of section 
     25D(a) are amended by striking ``30 percent'' each place it 
     appears and inserting ``the applicable percentage''.
       (B) Conforming amendment.--Section 25D(g) is amended by 
     striking ``paragraphs (1) and (2) of''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2017.
       (b) Extension and Phaseout of Energy Credit.--
       (1) Credit percentage for geothermal energy property.--
     Section 48(a)(2)(A)(i)(II) is amended by striking ``paragraph 
     (3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph 
     (3)(A)''.
       (2) Extension of solar and thermal energy property.--
     Section 48(a)(3)(A) is amended--
       (A) in clause (ii) by striking ``periods ending before 
     January 1, 2017'' and inserting ``property the construction 
     of which begins before January 1, 2022''; and
       (B) in clause (vii) by striking ``periods ending before 
     January 1, 2017'' and inserting ``property the construction 
     of which begins before January 1, 2022''.
       (3) Phaseout of 30-percent credit rate for geothermal 
     energy property.--Section 48(a)(6) is amended--

[[Page S7416]]

       (A) in the heading, by inserting ``and geothermal'' after 
     ``solar'';
       (B) in subparagraph (A), by striking ``paragraph 
     (3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph 
     (3)(A)''; and
       (C) in subparagraph (B), by striking ``property energy 
     property described in paragraph (3)(A)(i)'' and inserting 
     ``energy property described in clause (i) or (iii) of 
     paragraph (3)(A)''.
       (4) Phaseout of 30-percent credit rate for fiber-optic 
     solar, qualified fuel cell, and qualified small wind energy 
     property.--
       (A) In general.--Section 48(a) is amended by adding the 
     following:
       ``(7) Phaseout for fiber-optic solar, qualified fuel cell, 
     and qualified small wind energy property.--In the case of any 
     energy property described in paragraph (3)(A)(ii), qualified 
     fuel cell property, or qualified small wind property, the 
     energy percentage determined under paragraph (2) shall be 
     equal to--
       ``(A) in the case of any property the construction of which 
     begins after December 31, 2019, and before January 1, 2021, 
     26 percent, and
       ``(B) in the case of any property the construction of which 
     begins after December 31, 2020, and before January 1, 2022, 
     22 percent.''.
       (B) Conforming amendment.--Section 48(a)(2)(A) is amended 
     by striking ``paragraph (6)'' and inserting ``paragraphs (6) 
     and (7)''.
       (5) Extension of qualified fuel cell property.--Section 
     48(c)(1)(D) is amended by striking ``for any period after 
     December 31, 2016'' and inserting ``the construction of which 
     does not begin before January 1, 2022''.
       (6) Extension of qualified microturbine property.--Section 
     48(c)(2)(D) is amended by striking ``for any period after 
     December 31, 2016'' and inserting ``the construction of which 
     does not begin before January 1, 2022''.
       (7) Extension of combined heat and power system property.--
     Section 48(c)(3)(A)(iv) is amended by striking ``which is 
     placed in service before January 1, 2017'' and inserting 
     ``the construction of which begins before January 1, 2022''.
       (8) Extension of qualified small wind energy property.--
     Section 48(c)(4)(C) is amended by striking ``for any period 
     after December 31, 2016'' and inserting ``the construction of 
     which does not begin before January 1, 2022''.
       (9) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2017.
       (c) Waste Heat to Power Property.--
       (1) In general.--
       (A) Introduction of waste to heat power energy property.--
     Section 48(a)(3)(A) is amended--
       (i) at the end of clause (vi) by striking ``or''; and
       (ii) at the end of clause (vii) by inserting ``or'' after 
     the comma; and
       (iii) by adding the following:
       ``(viii) waste heat to power property,''.
       (B) Definitions and limitations.--Section 48(c) is amended 
     by adding the following:
       ``(5) Waste heat to power property.--
       ``(A) In general.--The term `waste heat to power property' 
     means property--
       ``(i) comprising a system which generates electricity 
     through the recovery of a qualified waste heat resource, and
       ``(ii) the construction of which begins before January 1, 
     2022.
       ``(B) Qualified waste heat resource.--The term `qualified 
     waste heat resource' means--
       ``(i) exhaust heat or flared gas from an industrial process 
     that does not have, as its primary purpose, the production of 
     electricity, and
       ``(ii) a pressure drop in any gas for an industrial or 
     commercial process.
       ``(C) Limitations.--
       ``(i) In general.--For purposes of subsection (a)(1), the 
     basis of any waste heat to power property taken into account 
     under this section shall not exceed the excess of--

       ``(I) the basis of such property, over
       ``(II) the fair market value of comparable property which 
     does not have the capacity to capture and convert a qualified 
     waste heat resource to electricity.

       ``(ii) Capacity limitation.--The term `waste heat to power 
     property' shall not include any property comprising a system 
     if such system has a capacity in excess of 50 megawatts.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2016, in taxable 
     years ending after such date, under rules similar to the 
     rules of section 48(m) of the Internal Revenue Code of 1986 
     (as in effect on the day before the date of the enactment of 
     the Revenue Reconciliation Act of 1990).
                                 ______