S.Amdt. 3122

SA 3122. Mr. CARPER (for himself, Mr. Cardin, and Mr. Warner)
submitted an amendment intended to be proposed to amendment SA 3060
proposed by Mr. Wyden to the bill H.R. 3474, to amend the Internal
Revenue Code of 1986 to allow employers to exempt employees with health
coverage under TRICARE or the Veterans Administration from being taken
into account for purposes of the employer mandate under the Patient
Protection and Affordable Care Act; which was ordered to lie on the
table; as follows:

On page 52, strike lines 20 and 21 and insert the
following:
(c) Expansion of Definition of Energy Property to Include
Waste Heat to Power Property.--
(1) In general.--Subparagraph (A) of section 48(a)(3) is
amended by striking ``or'' at the end of clause (vi), by
striking the comma at the end of clause (vii) and inserting
``, or'', and by inserting after clause (vii) the following
new clause:
``(viii) waste heat to power property,''.
(2) 30 percent credit.--Clause (i) of section 48(a)(2)(A)
is amended by striking ``and'' at the end of subclause (III)
and by inserting after subclause (IV) the following new
subclause:

``(V) waste heat to power property, and''.

(3) Waste heat to power property.--Subsection (c) of
section 48 is amended by adding at the end the following new
paragraph:
``(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) which is placed in service before January 1, 2016.
``(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) 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 megawatt.''.
(d) Effective Dates.--

[[Page S3093]]

(1) In general.--The amendments made by subsections (a) and
(b) shall take effect on January 1, 2014.
(2) Waste heat to power.--The amendments made by subsection
(c) shall apply to periods after the date of the enactment of
this Act, 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).
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