S. 2748

Enhanced Energy Security Tax Incentives Act of 2006

Latest
Contents

II

109th CONGRESS

2d Session

S. 2748

IN THE SENATE OF THE UNITED STATES

May 4, 2006

Mr. Bingaman (for himself, Mr. Bayh, Mr. Coleman, Mr. Lieberman, Mr. Lugar, Ms. Cantwell, Ms. Collins, Mr. Salazar, Mr. Kerry, Mrs. Clinton, and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to provide tax incentives to promote energy production and conservation, and for other purposes.

1.

Short title; amendment of Code; table of contents

(a)

Short title

This Act may be cited as the Enhanced Energy Security Tax Incentives Act of 2006.

(b)

Amendment of 1986 Code

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

(c)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; amendment of Code; table of contents.

TITLE I—Extension of Incentives

Sec. 101. Extension of credit for electricity produced from certain renewable resources.

Sec. 102. Extension and expansion of credit to holders of clean renewable energy bonds.

Sec. 103. Extension of energy efficient commercial buildings deduction.

Sec. 104. Extension and expansion of new energy efficient home credit.

Sec. 105. Extension of nonbusiness energy property credit.

Sec. 106. Extension of residential energy efficient property credit.

Sec. 107. Extension of credit for business installation of qualified fuel cells and stationary microturbine power plants.

Sec. 108. Extension of business solar investment tax credit.

Sec. 109. Extension of alternative fuel excise tax provisions, income tax credits, and tariff duties.

Sec. 110. Extension of full credit for qualified electric vehicles.

TITLE II—Incentives for alternative fuel vehicles

Sec. 201. Consumer incentives to purchase advanced technology vehicles.

Sec. 202. Advanced technology motor vehicles manufacturing credit.

Sec. 203. Tax incentives for private fleets.

Sec. 204. Modification of alternative vehicle refueling property credit.

Sec. 205. Inclusion of heavy vehicles in limitation on depreciation of certain luxury automobiles.

Sec. 206. Idling reduction tax credit.

TITLE III—Additional incentives

Sec. 301. Energy credit for combined heat and power system property.

Sec. 302. Three-year applicable recovery period for depreciation of qualified energy management devices.

Sec. 303. Three-year applicable recovery period for depreciation of qualified water submetering devices.

TITLE IV—Revenue provisions

Sec. 401. Revaluation of LIFO inventories of large integrated oil companies.

Sec. 402. Elimination of amortization of geological and geophysical expenditures for major integrated oil companies.

Sec. 403. Modifications of foreign tax credit rules applicable to large integrated oil companies which are dual capacity taxpayers.

I

Extension of Incentives

101.

Extension of credit for electricity produced from certain renewable resources

Section 45(d) (relating to qualified facilities) is amended by striking 2008 each place it appears and inserting 2011.

102.

Extension and expansion of credit to holders of clean renewable energy bonds

(a)

In general

Section 54(m) (relating to termination) is amended by striking 2007 and inserting 2010.

(b)

Annual volume cap for bonds issued during extension period

Paragraph (1) of section 54(f) (relating to limitation on amount of bonds designated) is amended to read as follows:

(1)

National limitation

(A)

Initial national limitation

With respect to bonds issued after December 31, 2005, and before January 1, 2008, there is a national clean renewable energy bond limitation of $800,000,000.

(B)

Annual national limitation

With respect to bonds issued after December 31, 2007, and before January 1, 2011, there is a national clean renewable energy bond limitation for each calendar year of $800,000,000.

.

(c)

Effective date

The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

103.

Extension of energy efficient commercial buildings deduction

Section 179D(h) (relating to termination) is amended by striking 2007 and inserting 2010.

104.

Extension and expansion of new energy efficient home credit

(a)

Extension

Section 45L(g) (relating to termination) is amended by striking 2007 and inserting 2010.

(b)

Inclusion of 30 percent homes

(1)

In general

Section 45L(c) (relating to energy saving requirements) is amended—

(A)

by striking or at the end of paragraph (2),

(B)

by redesignating paragraph (3) as paragraph (4), and

(C)

by inserting after paragraph (2) the following new paragraph:

(3)

certified—

(A)

to have a level of annual heating and cooling energy consumption which is at least 30 percent below the annual level described in paragraph (1), and

(B)

to have building envelope component improvements account for at least 1/3 of such 30 percent, or

.

(2)

Applicable amount of credit

Section 45L(a)(2) is amended by striking paragraph (3) and inserting paragraph (3) or (4).

(3)

Effective date

The amendments made by this subsection shall apply to qualified new energy efficient homes acquired after the date of the enactment of this Act.

105.

Extension of nonbusiness energy property credit

Section 25C(g) (relating to termination) is amended by striking 2007 and inserting 2010.

106.

Extension of residential energy efficient property credit

Section 25D(g) (relating to termination) is amended by striking 2007 and inserting 2010.

107.

Extension of credit for business installation of qualified fuel cells and stationary microturbine power plants

Sections 48(c)(1)(E) and 48(c)(2)(E) (relating to termination) are each amended by striking 2007 and inserting 2010.

108.

Extension of business solar investment tax credit

Sections 48(a)(2)(A)(i)(II) and 48(a)(3)(A)(ii) (relating to termination) are each amended by striking 2008 and inserting 2011.

109.

Extension of alternative fuel excise tax provisions, income tax credits, and tariff duties

(a)

Biodiesel

Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) are each amended by striking 2008 and inserting 2010.

(b)

Alternative fuel

(1)

Fuels

Sections 6426(d)(4) and 6427(e)(5)(C) are each amended by striking September 30, 2009 and inserting December 31, 2010.

(2)

Refueling property

Section 30C(g) is amended by striking 2009 and inserting 2010.

(c)

Ethanol tariff schedule

Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007) are each amended in the effective period column by striking 10/1/2007 each place it appears and inserting 1/1/2011.

(d)

Effective date

The amendments made by this section shall take effect on January 1, 2007.

110.

Extension of full credit for qualified electric vehicles

(a)

In General

Section 30(e) is amended by striking 2006 and inserting 2010.

(b)

Repeal of Phaseout

Section 30(b) (relating to limitations) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2).

(c)

Credit Allowable Against Alternative Minimum Tax

Paragraph (2) of section 30(b), as redesignated by subsection (b), is amended to read as follows:

(2)

Application with other credits

The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of—

(A)

the sum of the regular tax for the taxable year plus the tax imposed by section 55, over

(B)

the sum of the credits allowable under subpart A and section 27.

.

(d)

Effective Date

The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

II

Incentives for alternative fuel vehicles

201.

Consumer incentives to purchase advanced technology vehicles

(a)

Elimination on number of new qualified hybrid and advanced lean burn technology vehicles eligible for alternative motor vehicle credit

(1)

In general

Section 30B is amended by striking subsection (f) and by redesignating subsections (g) through (j) as subsections (f) through (i), respectively.

(2)

Conforming amendments

(A)

Paragraphs (4) and (6) of section 30B(h) are each amended by striking (determined without regard to subsection (g)) and inserting determined without regard to subsection (f)).

(B)

Section 38(b)(25) is amended by striking section 30B(g)(1) and inserting section 30B(f)(1).

(C)

Section 55(c)(2) is amended by striking section 30B(g)(2) and inserting section 30B(f)(2).

(D)

Section 1016(a)(36) is amended by striking section 30B(h)(4) and inserting section 30B(g)(4).

(E)

Section 6501(m) is amended by striking section 30B(h)(9) and inserting section 30B(g)(9).

(b)

Extension of alternative vehicle credit for new qualified hybrid motor vehicles

Paragraph (3) of section 30B(i) (as redesignated by subsection (a)) is amended by striking December 31, 2009 and inserting December 31, 2010.

(c)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2005, in taxable years ending after such date.

202.

Advanced technology motor vehicles manufacturing credit

(a)

In General

Subpart B of part IV of subchapter A of chapter 1 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section:

30D.

Advanced technology motor vehicles manufacturing credit

(a)

Credit allowed

There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 35 percent of so much of the qualified investment of an eligible taxpayer for such taxable year as does not exceed $75,000,000.

(b)

Qualified investment

For purposes of this section—

(1)

In General

The qualified investment for any taxable year is equal to the incremental costs incurred during such taxable year—

(A)

to re-equip, expand, or establish any manufacturing facility in the United States of the eligible taxpayer to produce advanced technology motor vehicles or to produce eligible components,

(B)

for engineering integration performed in the United States of such vehicles and components as described in subsection (d),

(C)

for research and development performed in the United States related to advanced technology motor vehicles and eligible components, and

(D)

for employee retraining with respect to the manufacturing of such vehicles or components (determined without regard to wages or salaries of such retrained employees).

(2)

Attribution rules

In the event a facility of the eligible taxpayer produces both advanced technology motor vehicles and conventional motor vehicles, or eligible and non-eligible components, only the qualified investment attributable to production of advanced technology motor vehicles and eligible components shall be taken into account.

(c)

Advanced technology motor vehicles and eligible components

For purposes of this section—

(1)

Advanced technology motor vehicle

The term advanced technology motor vehicle means—

(A)

any qualified electric vehicle (as defined in section 30(c)(1)),

(B)

any new qualified fuel cell motor vehicle (as defined in section 30B(b)(3)),

(C)

any new advanced lean burn technology motor vehicle (as defined in section 30B(c)(3)),

(D)

any new qualified hybrid motor vehicle (as defined in section 30B(d)(2)(A) and determined without regard to any gross vehicle weight rating),

(E)

any new qualified alternative fuel motor vehicle (as defined in section 30B(e)(4), including any mixed-fuel vehicle (as defined in section 30B(e)(5)(B)), and

(F)

any other motor vehicle using electric drive transportation technology (as defined in paragraph (3)).

(2)

Eligible components

The term eligible component means any component inherent to any advanced technology motor vehicle, including—

(A)

with respect to any gasoline or diesel-electric new qualified hybrid motor vehicle—

(i)

electric motor or generator,

(ii)

power split device,

(iii)

power control unit,

(iv)

power controls,

(v)

integrated starter generator, or

(vi)

battery,

(B)

with respect to any hydraulic new qualified hybrid motor vehicle—

(i)

hydraulic accumulator vessel,

(ii)

hydraulic pump, or

(iii)

hydraulic pump-motor assembly,

(C)

with respect to any new advanced lean burn technology motor vehicle—

(i)

diesel engine,

(ii)

turbocharger,

(iii)

fuel injection system, or

(iv)

after-treatment system, such as a particle filter or NOx absorber, and

(D)

with respect to any advanced technology motor vehicle, any other component submitted for approval by the Secretary.

(3)

Electric drive transportation technology

The term electric drive transportation technology means technology used by vehicles that use an electric motor for all or part of their motive power and that may or may not use off-board electricity, such as battery electric vehicles, fuel cell vehicles, engine dominant hybrid electric vehicles, plug-in hybrid electric vehicles, and plug-in hybrid fuel cell vehicles.

(d)

Engineering integration costs

For purposes of subsection (b)(1)(B), costs for engineering integration are costs incurred prior to the market introduction of advanced technology vehicles for engineering tasks related to—

(1)

establishing functional, structural, and performance requirements for component and subsystems to meet overall vehicle objectives for a specific application,

(2)

designing interfaces for components and subsystems with mating systems within a specific vehicle application,

(3)

designing cost effective, efficient, and reliable manufacturing processes to produce components and subsystems for a specific vehicle application, and

(4)

validating functionality and performance of components and subsystems for a specific vehicle application.

(e)

Eligible taxpayer

For purposes of this section, the term eligible taxpayer means any taxpayer if more than 50 percent of its gross receipts for the taxable year is derived from the manufacture of motor vehicles or any component parts of such vehicles.

(f)

Limitation based on amount of tax

The credit allowed under subsection (a) for the taxable year shall not exceed the excess of—

(1)

the sum of—

(A)

the regular tax liability (as defined in section 26(b)) for such taxable year, plus

(B)

the tax imposed by section 55 for such taxable year and any prior taxable year beginning after 1986 and not taken into account under section 53 for any prior taxable year, over

(2)

the sum of the credits allowable under subpart A and sections 27, 30, and 30B for the taxable year.

(g)

Reduction in basis

For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed.

(h)

No double benefit

(1)

Coordination with other deductions and credits

Except as provided in paragraph (2), the amount of any deduction or other credit allowable under this chapter for any cost taken into account in determining the amount of the credit under subsection (a) shall be reduced by the amount of such credit attributable to such cost.

(2)

Research and development costs

(A)

In General

Except as provided in subparagraph (B), any amount described in subsection (b)(1)(C) taken into account in determining the amount of the credit under subsection (a) for any taxable year shall not be taken into account for purposes of determining the credit under section 41 for such taxable year.

(B)

Costs taken into account in determining base period research expenses

Any amounts described in subsection (b)(1)(C) taken into account in determining the amount of the credit under subsection (a) for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years.

(i)

Business carryovers allowed

If the credit allowable under subsection (a) for a taxable year exceeds the limitation under subsection (f) for such taxable year, such excess (to the extent of the credit allowable with respect to property subject to the allowance for depreciation) shall be allowed as a credit carryback and carryforward under rules similar to the rules of section 39.

(j)

Special rules

For purposes of this section, rules similar to the rules of section 179A(e)(4) and paragraphs (1) and (2) of section 41(f) shall apply

(k)

Election not to take credit

No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property.

(l)

Regulations

The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section.

(m)

Termination

This section shall not apply to any qualified investment after December 31, 2010.

.

(b)

Conforming amendments

(1)

Section 1016(a) is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and, and by adding at the end the following new paragraph:

(38)

to the extent provided in section 30D(g).

.

(2)

Section 6501(m) is amended by inserting 30D(k), after 30C(e)(5),.

(3)

The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 30C the following new item:

Sec. 30D. Advanced technology motor vehicles manufacturing credit.

.

(c)

Effective date

The amendments made by this section shall apply to amounts incurred in taxable years beginning after December 31, 2005.

203.

Tax incentives for private fleets

(a)

In general

Subpart E of part IV of subchapter A of chapter 1 is amended by inserting after section 48B the following new section:

48C.

Fuel-efficient fleet credit

(a)

General rule

For purposes of section 46, the fuel-efficient fleet credit for any taxable year is 15 percent of the qualified fuel-efficient vehicle investment amount of an eligible taxpayer for such taxable year.

(b)

Vehicle purchase requirement

In the case of any eligible taxpayer which places less than 10 qualified fuel-efficient vehicles in service during the taxable year, the qualified fuel-efficient vehicle investment amount shall be zero.

(c)

Qualified fuel-efficient vehicle investment amount

For purposes of this section—

(1)

In general

The term qualified fuel-efficient vehicle investment amount means the basis of any qualified fuel-efficient vehicle placed in service by an eligible taxpayer during the taxable year.

(2)

Qualified fuel-efficient vehicle

The term qualified fuel-efficient vehicle means an automobile which has a fuel economy which is at least 125 percent greater than the average fuel economy standard for an automobile of the same class and model year.

(3)

Other terms

The terms automobile, average fuel economy standard, fuel economy, and model year have the meanings given to such terms under section 32901 of title 49, United States Code.

(d)

Eligible taxpayer

The term eligible taxpayer means, with respect to any taxable year, a taxpayer who owns a fleet of 100 or more vehicles which are used in the trade or business of the taxpayer on the first day of such taxable year.

(e)

Termination

This section shall not apply to any vehicle placed in service after December 31, 2010.

.

(b)

Credit treated as part of investment credit

Section 46 is amended by striking and at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting , and, and by adding at the end the following new paragraph:

(5)

the fuel-efficient fleet credit.

.

(c)

Conforming amendments

(1)

Section 49(a)(1)(C) is amended by striking and at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , and, and by adding at the end the following new clause:

(v)

the basis of any qualified fuel-efficient vehicle which is taken into account under section 48C.

.

(2)

The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 48 the following new item:

.

(d)

Effective date

The amendments made by this section shall apply to periods after December 31, 2005, 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).

204.

Modification of alternative vehicle refueling property credit

(a)

Increase in Credit Amount

Subsection (a) of section 30C is amended by striking 30 percent and inserting 50 percent.

(b)

Credit Allowable Against Alternative Minimum Tax

Paragraph (2) of section 30C is amended to read as follows:

(2)

Personal credit

The credit allowed under subsection (a) (after the application of paragraph (1)) for any taxable year shall not exceed the excess (if any) of—

(A)

the sum of the regular tax for the taxable year plus the tax imposed by section 55, over

(B)

the sum of the credits allowable under subpart A and sections 27, 30, and 30B.

.

(c)

Effective Date

The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

205.

Inclusion of heavy vehicles in limitation on depreciation of certain luxury automobiles

(a)

In general

Section 280F(d)(5)(A) (defining passenger automobile) is amended—

(1)

by striking clause (ii) and inserting the following new clause:

(ii)
(I)

which is rated at 6,000 pounds unloaded gross vehicle weight or less, or

(II)

which is rated at more than 6,000 pounds but not more than 14,000 pounds gross vehicle weight.

,

(2)

by striking clause (ii) in the second sentence and inserting clause (ii)(I).

(b)

Effective date

The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

206.

Idling reduction tax credit

(a)

In General

Subpart D of part IV of subchapter A of chapter 1 (relating to business-related credits) is amended by adding at the end the following new section:

45N.

Idling reduction credit

(a)

General Rule

For purposes of section 38, the idling reduction tax credit determined under this section for the taxable year is an amount equal to 25 percent of the amount paid or incurred for each qualifying idling reduction device placed in service by the taxpayer during the taxable year.

(b)

Limitation

The maximum amount allowed as a credit under subsection (a) shall not exceed $1,000 per device.

(c)

Definitions

For purposes of subsection (a)—

(1)

Qualifying idling reduction device

The term qualifying idling reduction device means any device or system of devices that—

(A)

is installed on a heavy-duty diesel-powered on-highway vehicle,

(B)

is designed to provide to such vehicle those services (such as heat, air conditioning, or electricity) that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or remains stationary,

(C)

the original use of which commences with the taxpayer,

(D)

is acquired for use by the taxpayer and not for resale, and

(E)

is certified by the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, to reduce long-duration idling of such vehicle at a motor vehicle rest stop or other location where such vehicles are temporarily parked or remain stationary.

(2)

Heavy-duty diesel-powered on-highway vehicle

The term heavy-duty diesel-powered on-highway vehicle means any vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Highway Administration.

(3)

Long-duration idling

The term long-duration idling means the operation of a main drive engine, for a period greater than 15 consecutive minutes, where the main drive engine is not engaged in gear. Such term does not apply to routine stoppages associated with traffic movement or congestion.

(d)

No Double Benefit

For purposes of this section—

(1)

Reduction in basis

If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (a), the basis of such property shall be reduced by the amount of the credit so determined.

(2)

Other deductions and credits

No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section.

(e)

Election Not To Claim Credit

This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.

(f)

Termination

This section shall not apply to any property placed in service after December 31, 2010.

.

(b)

Credit to Be Part of General Business Credit

Subsection (b) of section 38 (relating to general business credit) is amended by striking and at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting , plus , and by adding at the end the following new paragraph:

(31)

the idling reduction tax credit determined under section 45N(a).

.

(c)

Conforming Amendments

(1)

The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 45M the following new item:

Sec. 45N. Idling reduction credit.

.

(2)

Section 1016(a), as amended by this Act, is amended by striking and at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting , and, and by adding at the end the following:

(39)

in the case of a facility with respect to which a credit was allowed under section 45N, to the extent provided in section 45N(d)(A).

.

(3)

Section 6501(m) is amended by inserting 45N(e), after 45D(c)(4),.

(d)

Effective Date

The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

(e)

Determination of Certification Standards by Secretary of Energy for Certifying Idling Reduction Devices

Not later than 6 months after the date of the enactment of this Act and in order to reduce air pollution and fuel consumption, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall publish the standards under which the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, will, for purposes of section 45N of the Internal Revenue Code of 1986 (as added by this section), certify the idling reduction devices which will reduce long-duration idling of vehicles at motor vehicle rest stops or other locations where such vehicles are temporarily parked or remain stationary in order to reduce air pollution and fuel consumption.

III

Additional incentives

301.

Energy credit for combined heat and power system property

(a)

In General

Section 48(a)(3)(A) (defining energy property) is by striking or at the end of clause (iii), by inserting or at the end of clause (iv), and by adding at the end the following new clause:

(v)

combined heat and power system property,

.

(b)

Combined Heat and Power System Property

Section 48 is amended by adding at the end the following new subsection:

(d)

Combined Heat and Power System Property

For purposes of subsection (a)(3)(A)(v)—

(1)

Combined heat and power system property

The term combined heat and power system property means property comprising a system—

(A)

which uses the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications),

(B)

which has an electrical capacity of not more than 15 megawatts or a mechanical energy capacity of not more than 2,000 horsepower or an equivalent combination of electrical and mechanical energy capacities,

(C)

which produces—

(i)

at least 20 percent of its total useful energy in the form of thermal energy which is not used to produce electrical or mechanical power (or combination thereof), and

(ii)

at least 20 percent of its total useful energy in the form of electrical or mechanical power (or combination thereof),

(D)

the energy efficiency percentage of which exceeds 60 percent, and

(E)

which is placed in service before January 1, 2011.

(2)

Special rules

(A)

Energy efficiency percentage

For purposes of this subsection, the energy efficiency percentage of a system is the fraction—

(i)

the numerator of which is the total useful electrical, thermal, and mechanical power produced by the system at normal operating rates, and expected to be consumed in its normal application, and

(ii)

the denominator of which is the higher heating value of the primary fuel sources for the system.

(B)

Determinations made on btu basis

The energy efficiency percentage and the percentages under paragraph (1)(C) shall be determined on a Btu basis.

(C)

Input and output property not included

The term combined heat and power system property does not include property used to transport the energy source to the facility or to distribute energy produced by the facility.

(D)

Certain exception not to apply

The first sentence of the matter in subsection (a)(3) which follows subparagraph (D) thereof shall not apply to combined heat and power system property.

(3)

Systems using bagasse

If a system is designed to use bagasse for at least 90 percent of the energy source—

(A)

paragraph (1)(D) shall not apply, but

(B)

the amount of credit determined under subsection (a) with respect to such system shall not exceed the amount which bears the same ratio to such amount of credit (determined without regard to this paragraph) as the energy efficiency percentage of such system bears to 60 percent.

(4)

Nonapplication of certain rules

For purposes of determining if the term combined heat and power system property includes technologies which generate electricity or mechanical power using back-pressure steam turbines in place of existing pressure-reducing valves or which make use of waste heat from industrial processes such as by using organic rankin, stirling, or kalina heat engine systems, paragraph (1) shall be applied without regard to subparagraphs (C) and (D) thereof .

.

(c)

Effective Date

The amendments made by this section shall apply to periods after December 31, 2006, 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).

302.

Three-year applicable recovery period for depreciation of qualified energy management devices

(a)

In General

Section 168(e)(3)(A) (defining 3-year property) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and, and by adding at the end the following new clause:

(iv)

any qualified energy management device.

.

(b)

Definition of Qualified Energy Management Device

Section 168(i) (relating to definitions and special rules) is amended by inserting at the end the following new paragraph:

(18)

Qualified energy management device

(A)

In general

The term qualified energy management device means any energy management device which is placed in service before January 1, 2011, by a taxpayer who is a supplier of electric energy or a provider of electric energy services.

(B)

Energy management device

For purposes of subparagraph (A), the term energy management device means any meter or metering device which is used by the taxpayer—

(i)

to measure and record electricity usage data on a time-differentiated basis in at least 4 separate time segments per day, and

(ii)

to provide such data on at least a monthly basis to both consumers and the taxpayer.

.

(c)

Effective Date

The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.

303.

Three-year applicable recovery period for depreciation of qualified water submetering devices

(a)

In General

Section 168(e)(3)(A) (defining 3-year property), as amended by this Act, is amended by striking and at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , and, and by adding at the end the following new clause:

(v)

any qualified water submetering device.

.

(b)

Definition of Qualified Water Submetering Device

Section 168(i) (relating to definitions and special rules), as amended by this Act, is amended by inserting at the end the following new paragraph:

(19)

Qualified water submetering device

(A)

In general

The term qualified water submetering device means any water submetering device which is placed in service before January 1, 2011, by a taxpayer who is an eligible resupplier with respect to the unit for which the device is placed in service.

(B)

Water submetering device

For purposes of this paragraph, the term water submetering device means any submetering device which is used by the taxpayer—

(i)

to measure and record water usage data, and

(ii)

to provide such data on at least a monthly basis to both consumers and the taxpayer.

(C)

Eligible resupplier

For purposes of subparagraph (A), the term eligible resupplier means any taxpayer who purchases and installs qualified water submetering devices in every unit in any multi-unit property.

.

(c)

Effective Date

The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.

IV

Revenue provisions

401.

Revaluation of LIFO inventories of large integrated oil companies

(a)

General rule

Notwithstanding any other provision of law, if a taxpayer is an applicable integrated oil company for its last taxable year ending in calendar year 2005, the taxpayer shall—

(1)

increase, effective as of the close of such taxable year, the value of each historic LIFO layer of inventories of crude oil, natural gas, or any other petroleum product (within the meaning of section 4611) by the layer adjustment amount, and

(2)

decrease its cost of goods sold for such taxable year by the aggregate amount of the increases under paragraph (1).

If the aggregate amount of the increases under paragraph (1) exceed the taxpayer’s cost of goods sold for such taxable year, the taxpayer’s gross income for such taxable year shall be increased by the amount of such excess.
(b)

Layer adjustment amount

For purposes of this section—

(1)

In general

The term layer adjustment amount means, with respect to any historic LIFO layer, the product of—

(A)

$18.75, and

(B)

the number of barrels of crude oil (or in the case of natural gas or other petroleum products, the number of barrel-of-oil equivalents) represented by the layer.

(2)

Barrel-of-oil equivalent

The term barrel-of-oil equivalent has the meaning given such term by section 29(d)(5) (as in effect before its redesignation by the Energy Tax Incentives Act of 2005).

(c)

Application of requirement

(1)

No change in method of accounting

Any adjustment required by this section shall not be treated as a change in method of accounting.

(2)

Underpayments of estimated tax

No addition to the tax shall be made under section 6655 of the Internal Revenue Code of 1986 (relating to failure by corporation to pay estimated tax) with respect to any underpayment of an installment required to be paid with respect to the taxable year described in subsection (a) to the extent such underpayment was created or increased by this section.

(d)

Applicable integrated oil company

For purposes of this section, the term applicable integrated oil company means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year and which had gross receipts in excess of $1,000,000,000 for its last taxable year ending during calendar year 2005. For purposes of this subsection all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person and, in the case of a short taxable year, the rule under section 448(c)(3)(B) shall apply.

402.

Elimination of amortization of geological and geophysical expenditures for major integrated oil companies

(a)

In general

Section 167(h) is amended by adding at the end the following new paragraph:

(5)

Nonapplication to major integrated oil companies

This subsection shall not apply with respect to any expenses paid or incurred for any taxable year by any integrated oil company (as defined in section 291(b)(4)) which has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.

.

(b)

Effective date

The amendment made by this section shall take effect as if included in the amendment made by section 1329(a) of the Energy Policy Act of 2005.

403.

Modifications of foreign tax credit rules applicable to large integrated oil companies which are dual capacity taxpayers

(a)

In general

Section 901 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as (n) and by inserting after subsection (l) the following new subsection:

(m)

Special rules relating to large integrated oil companies which are dual capacity taxpayers

(1)

General rule

Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax—

(A)

if, for such period, the foreign country or possession does not impose a generally applicable income tax, or

(B)

to the extent such amount exceeds the amount (determined in accordance with regulations) which—

(i)

is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or

(ii)

would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer.

Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B).
(2)

Dual capacity taxpayer

For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who—

(A)

is subject to a levy of such country or possession, and

(B)

receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession.

(3)

Generally applicable income tax

For purposes of this subsection—

(A)

In General

The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession.

(B)

Exceptions

Such term shall not include a tax unless it has substantial application, by its terms and in practice, to—

(i)

persons who are not dual capacity taxpayers, and

(ii)

persons who are citizens or residents of the foreign country or possession.

(4)

Large integrated oil company

For purposes of this subsection, the term large integrated oil company means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which—

(A)

had gross receipts in excess of $1,000,000,000 for such taxable year, and

(B)

has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.

(b)

Effective date

(1)

In general

The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act.

(2)

Contrary treaty obligations upheld

The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.