[Congressional Record Volume 163, Number 194 (Wednesday, November 29, 2017)]
[Senate]
[Page S7477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1646. Mr. BROWN 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. ___. ENERGY CREDIT AND NEW CLEAN RENEWABLE ENERGY BONDS 
                   FOR QUALIFIED BIOGAS PROPERTY AND QUALIFIED 
                   MANURE RESOURCE RECOVERY PROPERTY.

       (a) Energy Credit for Qualified Biogas Property and 
     Qualified Manure Resource Recovery Property.--
       (1) In general.--Section 48(a)(3)(A) is amended by striking 
     ``or'' at the end of clause (vi) and by adding at the end the 
     following new clauses:
       ``(viii) qualified biogas property, or
       ``(ix) qualified manure resource recovery property,''.
       (2) 30-percent credit.--Section 48(a)(2)(A)(i) is amended 
     by striking ``and'' at the end of subclause (III), by 
     striking ``and'' at the end of subclause (IV), and by adding 
     at the end the following new subclauses:

       ``(V) qualified biogas property, and
       ``(VI) qualified manure resource recovery property, and''.

       (3) Definitions.--Section 48(c) is amended by adding at the 
     end the following new paragraphs:
       ``(5) Qualified biogas property.--
       ``(A) In general.--The term `qualified biogas property' 
     means property comprising a system which--
       ``(i) uses anaerobic digesters, or other biological, 
     chemical, thermal, or mechanical processes (alone or in 
     combination), to convert biomass (as defined in section 
     45K(c)(3)) into a gas which consists of not less than 52 
     percent methane, and
       ``(ii) captures such gas for use as a fuel.
       ``(B) Inclusion of certain cleaning and conditioning 
     equipment.--Such term shall include any property which cleans 
     and conditions the gas referred to in subparagraph (A) for 
     use as a fuel.
       ``(C) Termination.--No credit shall be determined under 
     this section with respect to any qualified biogas property 
     for any period after December 31, 2021.
       ``(6) Qualified manure resource recovery property.--
       ``(A) In general.--The term `qualified manure resource 
     recovery property' means property comprising a system which 
     uses physical, biological, chemical, thermal, or mechanical 
     processes to recover the nutrients nitrogen and phosphorus 
     from a non-treated digestate or animal manure by reducing or 
     separating at least 50 percent of the concentration of such 
     nutrients, excluding any reductions during the incineration, 
     storage, composting, or field application of the non-treated 
     digestate or animal manure.
       ``(B) Inclusion of certain processing equipment.--Such term 
     shall include--
       ``(i) any property which is used to recover the nutrients 
     referred to in subparagraph (A), such as--

       ``(I) biological reactors,
       ``(II) crystallizers,
       ``(III) reverse osmosis membranes and other water 
     purifiers,
       ``(IV) evaporators,
       ``(V) distillers,
       ``(VI) decanter centrifuges, and
       ``(VII) equipment that facilitates the process of dissolved 
     air flotation, ammonia stripping, gasification, or ozonation, 
     and

       ``(ii) any thermal drier which treats the nutrients 
     recovered by the processes referred to in subparagraph (A).
       ``(C) Termination.--No credit shall be determined under 
     this section with respect to any qualified manure resource 
     recovery property for any period after December 31, 2021.''.
       (4) Denial of double benefit for qualified biogas 
     property.--Section 45(e) is amended by adding at the end the 
     following new paragraph:
       ``(12) Coordination with energy credit for qualified biogas 
     property.--The term `qualified facility' shall not include 
     any facility which produces electricity from gas produced by 
     qualified biogas property (as defined in section 48(c)(5)) if 
     a credit is determined under section 48 with respect to such 
     property for the taxable year or any prior taxable year.''.
       (5) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2017, in taxable 
     years ending after such date, under rules similar to the 
     rules of section 48(m) of such Code (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
       (b) New Clean Renewable Energy Bonds for Qualified Biogas 
     Property and Qualified Manure Resource Recovery Property.--
       (1) In general.--Section 54C(d)(1) is amended by inserting 
     ``, a qualified biogas property (as defined in section 
     48(c)(5)), or a qualified manure resource recovery property 
     (as defined in section 48(c)(6))'' before ``owned by''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to obligations issued after the date of the 
     enactment of this Act.
       (c) Adjustment to Corporate Tax Rate.--
       (1) In general.--Section 11(b), as amended by section 13001 
     of this Act, is amended by striking ``20 percent'' and 
     inserting ``20.2 percent''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2018.
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