S.Amdt. 1646

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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