II
110th CONGRESS
1st Session
S. 672
IN THE SENATE OF THE UNITED STATES
February 16, 2007
Mr. Salazar (for himself and Mr. Smith) 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-exempt financing for qualified renewable energy facilities, and for other purposes.
Short title
This Act may be cited as
the Rural Community Renewable Energy
Bonds Act
.
Tax-exempt financing of qualified renewable energy facilities
In general
Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended—
by striking
or
at the end of paragraph (14),
by striking the
period at the end of paragraph (15) and inserting , or
,
and
by inserting at the end the following new paragraph:
qualified renewable energy facilities.
.
Definition
Section 142 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new subsection:
Qualified renewable energy facilities
For purposes of subsection (a)(16)—
In general
The term qualified renewable energy
facility
means any facility—
described in paragraph (1), (2), (3), (4), (5), (6), or (9) of section 45(d) (relating to facilities using wind, closed-loop biomass, open-loop biomass, geothermal, solar, small irrigation, land fill gas, or qualified hydropower to produce electricity),
except in the case of a facility described in section 45(d)(5), the nameplate capacity rating of which is not more than 40 megawatts, and
at least—
49 percent of which is owned and controlled, including unrestricted voting rights, by 1 or more persons who are residents of the State in which such facility is located, and
10 percent of which is owned and controlled, including unrestricted voting rights, by 1 or more persons who are residents of the local area in which such facility is located.
Determination of ownership
For purposes of paragraph (1)(C), ownership sufficient to meet the requirement of clause (ii) thereof may be taken into account for purposes of determining if the requirement of clause (i) thereof is met.
Definitions
For purposes of this subsection—
Resident
The term resident means—
in the case of an individual, an individual whose primary residence is in the State or local area in which the facility is located, and
in the case of an entity, at least 50 percent of such entity is owned by individuals who are treated as residents of such State or local area under clause (i).
Local area
The term local area means, with respect to any facility, an area within the 200-mile radius of such facility.
.
Exemption from volume cap
Paragraph (3) of section 146(g) of the Internal
Revenue Code of 1986 (exempting certain exempt facility bonds from the state
volume caps) is amended by striking or (15)
and inserting
(15), or (16)
.
Effective date
The amendments made by this section shall apply with respect to bonds issued on or after the date of the enactment of this Act.