S.Amdt. 881Senate109th Congress (2005-2007)

S.Amdt. 881

What it does: Adds SEC. __. WEATHERIZATION ASSISTANCE CREDIT wherever appropriate
Submitted June 22, 2005

What it changes

1 change to H.R. 6

Adds a section
  1. Adds SEC. __. WEATHERIZATION ASSISTANCE CREDIT wherever appropriate

    Adds a section

    Inserted: SEC. __. WEATHERIZATION ASSISTANCE CREDIT.

    Inserted: (a) In General.--Subpart D of Part III of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by this Act, is amended by inserting after section 45N the following new section:

    Inserted: "SEC. 45O. WEATHERIZATION ASSISTANCE CREDIT.

    Inserted: "(a) General Rule.--For purposes of section 38, in the case of a utility, the amount of the weatherization assistance credit determined under this section for the taxable year shall be an amount equal to 20 percent of the qualified weatherization assistance expenses.

    Inserted: "(b) Definitions.--For purposes of this section:

    Inserted: "(1) Weatherization assistance expenses.--The term 'weatherization assistance expenses' means amounts--

    Inserted: "(A) paid by the taxpayer--

    Inserted: "(i) to an entity that is described in section 415(b)(2) of the Energy Conservation and Production Act (42 U.S.C. 6865(b)(2)), that receives funds from the Department of Energy Weatherization Assistance Program as such an entity, and that uses the taxpayer's amounts for the installation of energy efficiency improvements in residences of low-income individuals for purposes of section 415(a)(2) of the Energy Conservation and Production Act (42 U.S.C. 6865(a)(2)), as administered by the Department of Energy, or

    Inserted: "(ii) to a State weatherization agency for use by such agency in its program that enhances or extends the Department of Energy's program described in subparagraph (A), and

    Inserted: "(B) certified to the taxpayer by a State weatherization agency as paid to one or more entities described in subparagraph (A)(i) or to such agency described in subparagraph (A)(ii).

    Inserted: "(2) Qualified weatherization assistance expenses.--The term 'qualified weatherization assistance expenses' means--

    Inserted: "(A) with respect to the first 5 taxable years ending after the date of enactment of this section, the weatherization assistance expenses for each such year, and

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    Inserted: "(B) with respect to a taxable year after the fifth taxable year ending after the date of enactment of this section, the excess (if any) of the weatherization assistance expenses for such year over the weatherization assistance expenses for the fifth taxable year preceding such year.

    Inserted: "(3) Utility.--The term 'utility' means a corporation that is engaged in the sale of electric energy or gas and is described in section 7701(a)(33)(A).

    Inserted: "(4) State weatherization agency.--The term 'State weatherization agency' means the department, agency, board, or other entity of a State that is authorized by such State to administer the weatherization program described in section 415 of the Energy Conservation and Production Act (42 U.S.C. 6865).

    Inserted: "(c) Regulations.--The Secretary shall prescribe regulations necessary to carry out the purposes of this section.".

    Inserted: (b) Credit Treated as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit), as amended by this Act, is amended by striking "plus" at the end of paragraph (23), striking the period at the end of paragraph (24), and inserting ", plus" and by inserting after paragraph (24) the following new paragraph:

    Inserted: "(25) the weatherization assistance credit determined under section 45O(a).".

    Inserted: (c) Conforming Amendment.--The table of sections for Subpart D of Part III of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by this Act, is amended by adding after the item relating to section 45N the following new item:

    Inserted: "45O. Weatherization assistance credit.".

    Inserted: (d) Effective Date.--The amendments made by this section shall apply to weatherization assistance expenses (within the meaning of section 45O of the Internal Revenue Code of 1986) paid or incurred in taxable years ending after the date of enactment of this Act.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 881. Mr. PRYOR submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. WEATHERIZATION ASSISTANCE CREDIT.

(a) In General.--Subpart D of Part III of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by this Act, is amended by inserting after section 45N the following new section:

“SEC. 45O. WEATHERIZATION ASSISTANCE CREDIT.

“(a) General Rule.--For purposes of section 38, in the case of a utility, the amount of the weatherization assistance credit determined under this section for the taxable year shall be an amount equal to 20 percent of the qualified weatherization assistance expenses.

“(b) Definitions.--For purposes of this section:

“(1) Weatherization assistance expenses.--The term ‘weatherization assistance expenses' means amounts--

“(A) paid by the taxpayer--

“(i) to an entity that is described in section 415(b)(2) of the Energy Conservation and Production Act (42 U.S.C. 6865(b)(2)), that receives funds from the Department of Energy Weatherization Assistance Program as such an entity, and that uses the taxpayer's amounts for the installation of energy efficiency improvements in residences of low-income individuals for purposes of section 415(a)(2) of the Energy Conservation and Production Act (42 U.S.C. 6865(a)(2)), as administered by the Department of Energy, or

“(ii) to a State weatherization agency for use by such agency in its program that enhances or extends the Department of Energy's program described in subparagraph (A), and

“(B) certified to the taxpayer by a State weatherization agency as paid to one or more entities described in subparagraph (A)(i) or to such agency described in subparagraph (A)(ii).

“(2) Qualified weatherization assistance expenses.--The term ‘qualified weatherization assistance expenses' means--

“(A) with respect to the first 5 taxable years ending after the date of enactment of this section, the weatherization assistance expenses for each such year, and

“(B) with respect to a taxable year after the fifth taxable year ending after the date of enactment of this section, the excess (if any) of the weatherization assistance expenses for such year over the weatherization assistance expenses for the fifth taxable year preceding such year.

“(3) Utility.--The term ‘utility' means a corporation that is engaged in the sale of electric energy or gas and is described in section 7701(a)(33)(A).

“(4) State weatherization agency.--The term ‘State weatherization agency' means the department, agency, board, or other entity of a State that is authorized by such State to administer the weatherization program described in section 415 of the Energy Conservation and Production Act (42 U.S.C. 6865).

“(c) Regulations.--The Secretary shall prescribe regulations necessary to carry out the purposes of this section.”.

(b) Credit Treated as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit), as amended by this Act, is amended by striking “plus” at the end of paragraph (23), striking the period at the end of paragraph (24), and inserting “, plus” and by inserting after paragraph (24) the following new paragraph:

“(25) the weatherization assistance credit determined under section 45O(a).”.

(c) Conforming Amendment.--The table of sections for Subpart D of Part III of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by this Act, is amended by adding after the item relating to section 45N the following new item:

“45O. Weatherization assistance credit.”.

(d) Effective Date.--The amendments made by this section shall apply to weatherization assistance expenses (within the meaning of section 45O of the Internal Revenue Code of 1986) paid or incurred in taxable years ending after the date of enactment of this Act.

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Senate amendment submitted

June 22, 2005