H.R. 4599House111th Congress (2009-2011)In Committee

Renewable Energy Expansion Act of 2010

Introduced February 4, 2010

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

February 4, 2010

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HouseIntro Referral

Introduced in House

February 4, 2010

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E165-166)

February 4, 2010

HouseIntro Referral

Referred to the House Committee on Ways and Means.

February 4, 2010

Floor Debate

24 members

What members said about H.R. 4599 on the floor

13 Republicans11 Democrats
Luis V. Gutierrez
Rep. Luis V. GutierrezD-IL-4 · Apr 29, 2010

I thank the gentlelady. Look, this is the Puerto Rico 51st State bill. It is the only result you can possibly expect. The deck is stacked. We all know. I was talking to my friends on the other side,…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-12 · Apr 29, 2010

Mr. Chairman, I yield myself such time as I may consume. Let me just say that the gentleman from West Virginia, my colleague and friend, the chairman of the Natural Resources, is right. This is, Mr.…

Pedro R. Pierluisi
Rep. Pedro R. PierluisiD-PR · Apr 29, 2010

Mr. Chairman, I rise in representation of the people of Puerto Rico. In fact, I am the only elected representative of the people of Puerto Rico in this Congress. In such capacity, I introduced I…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Apr 29, 2010

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I have the privilege of representing the great State of West Virginia in this body, a State that was born amidst civil conflict…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Apr 29, 2010

Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, before I begin my remarks, I am getting requests for time on the floor from a number of Members, and there simply is not…

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Don Young
Rep. Don YoungR-AK · Apr 29, 2010

Mr. Chairman, this is a rehash of 12 years ago. I want to compliment the Delegate from Puerto Rico for representing his people. The Governor supports this legislation, the Senate supports this…

Steve King
Rep. Steve KingR-IA-5 · Apr 29, 2010

I thank the gentleman from Washington for yielding and for leading on this issue. Mr. Chairman, I want to just add to this discussion and deliberation that what really happens here is that if this…

Dan Burton
Rep. Dan BurtonR-IN-5 · Apr 29, 2010

Mr. Chairman, this is so muddied up I don't know if anybody that's paying attention really understands what's going on. This is just a process, that's all it is. The people who are going to decide…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Apr 29, 2010

Let me thank the chairlady from New York for allowing me this time, and let me share the great respect and admiration that I have for the gentleman from Puerto Rico, a hardworking man. There is no…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Apr 29, 2010

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield to the gentlelady from the Virgin Islands for the purposes of a unanimous consent request. (Mrs. CHRISTENSEN asked and was given…

Jose E. Serrano
Rep. Jose E. SerranoD-NY-16 · Apr 29, 2010

I thank the gentleman. So much has been said today about what this bill does. Yet so little is understood, perhaps, about what this bill really does. The bill continues to be a bill I support…

Jason Chaffetz
Rep. Jason ChaffetzR-UT-3 · Apr 29, 2010

Thank you, Mr. Chairman, and thank you for the time. Isn't it ironic that a bill about self-determination has got to have the heavy hand of the United States Congress dictating to the people of…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Apr 29, 2010

Mr. Chair, I rise in strong support of H.R. 2499, the Puerto Rico Democracy Act. Puerto Rico is home to nearly 4 million Americans. It has been a U.S. territory for 112 years and its residents have…

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Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-20 · Apr 29, 2010

Mr. Chairman, I rise today in opposition to the amendment because I believe it will muddy the waters of an otherwise clear choice that would be presented to the voters of Puerto Rico. I also rise…

Mike Pence
Rep. Mike PenceR-IN-6 · Apr 29, 2010

I thank the gentleman for yielding. I rise in support of the Puerto Rico Democracy Act, which simply grants the people of Puerto Rico a say in their future. First, a little history lesson. The…

Alan Grayson
Rep. Alan GraysonD-FL-8 · Apr 29, 2010

Mr. Chairman, I appreciate the opportunity to speak on this important matter. This legislation is about what is right and what is fair. Since 1898 residents of Puerto Rico have been deprived of full…

George Miller
Rep. George MillerD-CA-7 · Apr 29, 2010

I thank the gentleman for yielding. Mr. Chairman, I rise in support of H.R. 2499, the Puerto Rico Democracy Act, introduced by our colleague, Mr. Pierluisi. Many of us on the Natural Resources…

John J. Duncan, Jr.
Rep. John J. Duncan, Jr.R-TN-2 · Apr 29, 2010

Mr. Chairman, I rise in opposition to this bill. First of all, I would like to thank the gentleman from Washington State and the gentlewoman from New York for yielding me this time. I have been to…

Donna M. Christensen
Rep. Donna M. ChristensenD-VI · Apr 29, 2010

I thank my colleague from North Carolina for yielding. Mr. Chair, I rise in support of this amendment because it corrects the chief concern I have had about this bill--that Commonwealth is not given…

Eric Cantor
Rep. Eric CantorR-VA-7 · Apr 29, 2010

I thank the gentleman from Washington for yielding. Mr. Chairman, for 93 years individuals born in Puerto Rico have been U.S. citizens, but Puerto Rico itself has been a Commonwealth. And as neither…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Apr 29, 2010

Would the gentleman yield? I thank you for yielding. It seems to me that this bill is almost the exact opposite of self- determination. Self-determination would be allowing the people in Puerto Rico…

Ileana Ros-Lehtinen
Rep. Ileana Ros-LehtinenR-FL-18 · Apr 29, 2010

I thank my good friend from Washington for the time. I rise in strong support of H.R. 2499, the Puerto Rico Democracy Act. This bill will provide a congressionally sanctioned process by which U.S.…

Daniel E. Lungren
Rep. Daniel E. LungrenR-CA-3 · Apr 29, 2010

Mr. Chairman, as an original cosponsor of H.R. 2499, the Puerto Rico Democracy Act, I stand here proudly in support of this bill. I am somewhat surprised by some of the criticism registered here. I…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · Apr 29, 2010

Mr. Chairman, having been elected in 2004 to come to Congress, I got here and met someone else who was elected to come to Congress at the same time named Luis Fortuno. The Fortunos were a couple of…

Bill Text

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Introduced in HouseIssued February 4, 2010

I

111th CONGRESS

2d Session

H. R. 4599

IN THE HOUSE OF REPRESENTATIVES

February 4, 2010

Mr. Blumenauer (for himself, Mr. McDermott, Mr. Van Hollen, Ms. Linda T. Sánchez of California, Mr. Walz, Mr. Larson of Connecticut, Mr. Thompson of California, Mr. Doggett, Mr. Pascrell, and Mr. Pomeroy) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide an elective payment for specified energy property.

1.

Short title

This Act may be cited as the Renewable Energy Expansion Act of 2010.

2.

Elective payment for specified energy property

(a)

In general

Chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds) is amended by adding at the end the following new subchapter:

C

Direct payment provisions

Sec. 6451. Elective payment for specified energy property.

6451.

Elective payment for specified energy property

(a)

In general

Any person making an election under this section with respect to any specified energy property originally placed in service by such person during the taxable year shall be treated as making a payment, against the tax imposed by subtitle A for the taxable year, equal to the applicable percentage of the basis of such property. Such payment shall be treated as made on the later of the due date of the return of such tax or the date on which such return is filed.

(b)

Applicable percentage

For purposes of this section, the term applicable percentage means—

(1)

30 percent in the case of any property described in paragraph (2)(A)(i) or (5) of section 48(a), and

(2)

10 percent in the case of any other property.

(c)

Dollar limitations

In the case of property described in paragraph (1), (2), or (3) of section 48(c), the payment otherwise treated as made under subsection (a) with respect to such property shall not exceed the limitation applicable to such property under such paragraph.

(d)

Specified energy property

For purposes of this section—

(1)

In general

The term specified energy property means energy property (within the meaning of section 48) which—

(A)

is originally placed in service before January 1, 2013, or

(B)

is originally placed in service on or after such date and before the credit termination date with respect to such property, but only if the construction of such property began before January 1, 2013.

(2)

Credit termination date

The term credit termination date means—

(A)

in the case of any energy property which is part of a facility described in paragraph (1) of section 45(d), January 1, 2013,

(B)

in the case of any energy property which is part of a facility described in paragraph (2), (3), (4), (6), (7), (9), or (11) of section 45(d), January 1, 2014, and

(C)

in the case of any energy property described in section 48(a)(3), January 1, 2017.

In the case of any property which is described in subparagraph (C) and also in another subparagraph of this paragraph, subparagraph (C) shall apply with respect to such property.
(e)

Special rules for certain non-Taxpayers

(1)

Denial of payment

Subsection (a) shall not apply with respect to any property originally placed in service by—

(A)

any governmental entity,

(B)

any organization described in section 501(c) or 401(a) and exempt from tax under section 501(a), or

(C)

any entity referred to in paragraph (4) of section 54(j).

(2)

Exception for property used in unrelated trade or business

Paragraph (1) shall not apply with respect to any property originally placed in service by an entity described in section 511(a)(2) if substantially all of the income derived from such property by such entity is unrelated business taxable income (as defined in section 512).

(3)

Special rules for partnerships and S corporations

In the case of property originally placed in service by a partnership or an S corporation—

(A)

the election under subsection (a) may be made only by such partnership or S corporation,

(B)

such partnership or S corporation shall be treated as making the payment referred to in subsection (a) only to the extent of the proportionate share of such partnership or S corporation as is owned by persons who would be treated as making such payment if the property were originally placed in service by such persons, and

(C)

the return required to be made by such partnership or S corporation under section 6031 or 6037 (as the case may be) shall be treated as a return of tax for purposes of subsection (a).

For purposes of subparagraph (B), rules similar to the rules of section 168(h)(6) (other than subparagraph (F) thereof) shall apply.
(f)

Coordination with production and investment credits

In the case of any property with respect to which an election is made under this section—

(1)

Denial of production and investment credits

No credit shall be determined under section 45 or 48 with respect to such property for the taxable year in which such property is originally placed in service or any subsequent taxable year.

(2)

Reduction of payment by progress expenditures already taken into account

The amount of the payment treated as made under subsection (a) with respect to such property shall be reduced by the aggregate amount of credits determined under section 48 with respect to such property for all taxable years preceding the taxable year in which such property is originally placed in service.

(g)

Other definitions and special rules

For purposes of this section—

(1)

Other definitions

Terms used in this section which are also used in section 45 or 48 shall have the same meaning for purposes of this section as when used in such sections.

(2)

Application of recapture rules, etc

Except as otherwise provided by the Secretary—

(A)

In general

Except as otherwise provided in this paragraph, rules similar to the rules of section 50 shall apply.

(B)

Exception to limitation on real estate investment trusts, etc

Paragraph (1) of section 50(d) shall not apply.

(C)

Application of normalization rules

Paragraph (2) of section 50(d) shall not apply with respect to property placed in service by a person in the trade or business of furnishing or selling electrical energy if any law or regulation requires that not less than a certain amount of the electrical energy so furnished or sold by such person be derived from one or more renewable resources.

(3)

Provision of information

A person shall not be treated as having elected the application of this section unless the taxpayer provides such information as the Secretary (in consultation with the Secretary of Energy) may require for purposes of verifying the proper amount to be treated as a payment under subsection (a) and evaluating the effectiveness of this section.

(4)

Exclusion from gross income

Any credit or refund allowed or made by reason of this section shall not be includible in gross income or alternative minimum taxable income.

(5)

Coordination with grant program

If a grant under section 1603 of the American Recovery and Reinvestment Tax Act of 2009 is made with respect to any specified energy property—

(A)

no election may be made under subsection (a) with respect to such property on or after the date of such grant, and

(B)

if such grant is made after such election, such property shall be treated as having ceased to be specified energy property immediately after such property was originally placed in service.

.

(b)

Conforming amendments

(1)

Subparagraph (A) of section 6211(b)(4)(A) of such Code is amended by inserting and subchapter C of chapter 65 (including any payment treated as made under such subchapter) after 6431.

(2)

Subparagraph (B) of section 6425(c)(1) of such Code is amended—

(A)

by striking the credits and inserting

the sum of—

(i)

the credits

,

(B)

by striking the period at the end of clause (i) thereof (as amended by this paragraph) and inserting , plus, and

(C)

by adding at the end the following new clause:

(ii)

the payments treated as made under subchapter C of chapter 65.

.

(3)

Paragraph (3) of section 6654(f) of such Code is amended—

(A)

by striking the credits and inserting

the sum of—

(A)

the credits

,

(B)

by striking the period at the end of subparagraph (A) thereof (as amended by this paragraph) and inserting , and, and

(C)

by adding at the end the following new subparagraph:

(B)

the payments treated as made under subchapter C of chapter 65.

.

(4)

Subparagraph (B) of section 6655(g)(1) of such Code is amended—

(A)

by striking the credits and inserting

the sum of—

(i)

the credits

,

(B)

by striking the period at the end of clause (i) thereof (as amended by this paragraph) and inserting , plus, and

(C)

by adding at the end the following new clause:

(ii)

the payments treated as made under subchapter C of chapter 65.

.

(5)

Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting , or from the provisions of subchapter C of chapter 65 of such Code before the period at the end.

(6)

The table of subchapters for chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Subchapter C. Direct payment provisions.

(c)

Effective date

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