H.R. 5559 – Bridge to a Clean Energy Future Act of 2014

113th CONGRESS

2d Session

H. R. 5559

IN THE HOUSE OF REPRESENTATIVES

September 18, 2014

Mr. Blumenauer (for himself, Mr. Levin, Mr. Rangel, Mr. McDermott, Mr. Lewis, Mr. Neal, Mr. Thompson of California, Mr. Larson of Connecticut, Mr. Kind, Mr. Pascrell, Ms. Schwartz, Mr. Danny K. Davis of Illinois, Ms. Linda T. Sánchez of California, Mr. Moran, Ms. Lee of California, Mr. Ryan of Ohio, Mr. Langevin, and Mr. Loebsack) 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 extend certain expiring provisions relating to energy, and for other purposes.

Short title, etc

(a)

Short title

This Act may be cited as the Bridge to a Clean Energy Future Act of 2014.

(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, etc.

Sec. 2. Extension and modification of credit for nonbusiness energy property.

Sec. 3. Extension of credit for alternative fuel vehicle refueling property.

Sec. 4. Extension of credit for 2-wheeled plug-in electric vehicles.

Sec. 5. Extension of second generation biofuel producer credit.

Sec. 6. Extension of incentives for biodiesel and renewable diesel.

Sec. 7. Extension and modification of production credit for Indian coal facilities placed in service before 2009.

Sec. 8. Extension of credits with respect to facilities producing energy from certain renewable resources.

Sec. 9. Extension of credit for energy-efficient new homes.

Sec. 10. Extension of special allowance for second generation biofuel plant property.

Sec. 11. Extension and modification of energy efficient commercial buildings deduction.

Sec. 12. Extension of excise tax credits relating to certain fuels.

Sec. 13. Extension of credit for new qualified fuel cell motor vehicles.

Sec. 14. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities.

Sec. 15. Extension of the advanced energy project credit.

Sec. 16. Extension of energy credit for certain property under construction.

Extension and modification of credit for nonbusiness energy property

(a)

In general

Paragraph (2) of section 25C(g) is amended by striking December 31, 2013 and inserting December 31, 2015.

(b)

Updated Energy Star requirements for windows, doors, skylights, and roofing

(1)

In general

Paragraph (1) of section 25C(c) is amended by striking which meets and all that follows through requirements).

(2)

Energy efficient building envelope component

Subsection (c) of section 25C is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph:

(2)

Energy efficient building envelope component

The term energy efficient building envelope component means a building envelope component which meets—

(A)

applicable Energy Star program requirements, in the case of a roof or roof products,

(B)

version 6.0 Energy Star program requirements, in the case of an exterior window, a skylight, or an exterior door, and

(C)

the prescriptive criteria for such component established by the 2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009, in the case of any other component.

(3)

Conforming amendment

Subparagraph (D) of section 25C(c)(3), as so redesignated, is amended to read as follows:

(D)

any roof or roof products which are installed on a dwelling unit and are specifically and primarily designed to reduce the heat gain of such dwelling unit.

(c)

Separate standards for tankless and storage water heaters

(1)

In general

Subparagraph (D) of section 25C(d)(3) is amended by striking which has either and all that follows and inserting “which has either—

(i)

in the case of a storage water heater, an energy factor of at least 0.80 or a thermal efficiency of at least 90 percent, and

(ii)

in the case of any other water heater, an energy factor of at least 0.90 or a thermal efficiency of at least 90 percent, and

(2)

Storage water heaters

Paragraph (3) of section 25C(d) is amended by adding at the end the following flush sentence:

For purposes of subparagraph (D)(i), the term storage water heater means a water heater that has a water storage capacity of more than 20 gallons but not more than 55 gallons.

(d)

Modification of testing standards for biomass stoves

Subparagraph (E) of section 25C(d)(3) is amended by inserting before the period the following: , when tested using the higher heating value of the fuel and in accordance with the Canadian Standards Administration B415.1 test protocol.

(e)

Separate standard for oil hot water boilers

Paragraph (4) of section 25C(d) is amended by striking 95 and inserting 95 (90 in the case of an oil hot water boiler).

(f)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2013.

Extension of credit for alternative fuel vehicle refueling property

(a)

In general

Subsection (g) of section 30C is amended by striking placed in service and all that follows and inserting placed in service after December 31, 2015..

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2013.

Extension of credit for 2-wheeled plug-in electric vehicles

(a)

In general

Subparagraph (E) of section 30D(g)(3) is amended by striking January 1, 2014 and inserting January 1, 2014 (January 1, 2016, in the case of a vehicle that has 2 wheels)..

(b)

Effective date

The amendment made by this section shall apply to vehicles acquired after December 31, 2013.

Extension of second generation biofuel producer credit

(a)

In general

Clause (i) of section 40(b)(6)(J) is amended by striking January 1, 2014 and inserting January 1, 2016.

(b)

Effective date

The amendment made by this subsection shall apply to qualified second generation biofuel production after December 31, 2013.

Extension of incentives for biodiesel and renewable diesel

(a)

Credits for biodiesel and renewable diesel used as fuel

Subsection (g) of section 40A is amended by striking December 31, 2013 and inserting December 31, 2015.

(b)

Effective date

The amendment made by this section shall apply to fuel sold or used after December 31, 2013.

Extension and modification of production credit for Indian coal facilities placed in service before 2009

(a)

In general

Subparagraph (A) of section 45(e)(10) is amended by striking 8-year period each place it appears and inserting 10-year period.

(b)

Application to new leases or subleases

Paragraph (10) of section 45(d) is amended by inserting before the period the following: , and any new lease or sublease of such a facility.

(c)

Effective date

The amendments made by this section shall apply to coal produced after December 31, 2013.

Extension of credits with respect to facilities producing energy from certain renewable resources

(a)

In general

The following provisions of section 45(d) are each amended by striking January 1, 2014 each place it appears and inserting January 1, 2017:

(1)

Paragraph (1).

(2)

Paragraph (2)(A).

(3)

Paragraph (3)(A).

(4)

Paragraph (4)(B).

(5)

Paragraph (6).

(6)

Paragraph (7).

(7)

Paragraph (9).

(8)

Paragraph (11)(B).

(b)

Extension of election To treat qualified facilities as energy property

Clause (ii) of section 48(a)(5)(C) is amended by striking January 1, 2014 and inserting January 1, 2017.

(c)

Effective dates

The amendments made by this section shall take effect on January 1, 2014.

Extension of credit for energy-efficient new homes

(a)

In general

Subsection (g) of section 45L is amended by striking December 31, 2013 and inserting December 31, 2015.

(b)

Effective date

The amendment made by this section shall apply to homes acquired after December 31, 2013.

10.

Extension of special allowance for second generation biofuel plant property

(a)

In general

Subparagraph (D) of section 168(l)(2) is amended by striking January 1, 2014 and inserting January 1, 2016.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2013.

11.

Extension and modification of energy efficient commercial buildings deduction

(a)

In general

Subsection (h) of section 179D is amended by striking December 31, 2013 and inserting December 31, 2015.

(b)

Allocations to Indian tribal governments

Paragraph (4) of section 179D(d) is amended by striking or local and inserting local, or Indian tribal.

(c)

Allocations to certain nonprofit organizations

(1)

In general

Paragraph (4) of section 179D(d), as amended by subsection (b), is amended by inserting , or by an organization that is described in section 501(c)(3) and exempt from tax under section 501(a) after political subdivision thereof.

(2)

Clerical amendment

The heading of paragraph (4) of section 179D(d) is amended by inserting and property held by certain non-profits after public property.

(d)

Updated ASHRAE standards for 2015

(1)

In general

Paragraph (1) of section 179D(c) is amended by striking Standard 90.1–2001 each place it appears and inserting Standard 90.1–2007.

(2)

Conforming amendments

(A)

Paragraph (2) of section 179D(c) is amended to read as follows:

(2)

Standard 90.1–2007

The term Standard 90.1–2007 means Standard 90.1–2007 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (as in effect on the day before the date of the adoption of Standard 90.1–2010 of such Societies).

(B)

Subsection (f) of section 179D is amended by striking Standard 90.1–2001 each place it appears in paragraphs (1) and (2)(C)(i) and inserting Standard 90.1–2007.

(C)

Paragraph (1) of section 179D(f) is amended—

(i)

by striking Table 9.3.1.1 and inserting Table 9.5.1, and

(ii)

by striking Table 9.3.1.2 and inserting Table 9.6.1.

(3)

Effective date

The amendments made by this paragraph shall apply to property placed in service after December 31, 2014.

(e)

Effective date

Except as provided in subsection (d)(3), the amendments made by this section shall apply to property placed in service after December 31, 2013.

12.

Extension of excise tax credits relating to certain fuels

(a)

Excise tax credits and outlay payments for biodiesel and renewable diesel fuel mixtures

(1)

Paragraph (6) of section 6426(c) is amended by striking December 31, 2013 and inserting December 31, 2015.

(2)

Subparagraph (B) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2015.

(b)

Extension of alternative fuels excise tax credits

(1)

In general

Sections 6426(d)(5) and 6426(e)(3) are each amended by striking December 31, 2013 and inserting December 31, 2015.

(2)

Outlay payments for alternative fuels

Subparagraph (C) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2015.

(c)

Extension of alternative fuels excise tax credits relating to liquefied hydrogen

(1)

In general

Sections 6426(d)(5) and 6426(e)(3), as amended by subsection (b), are each amended by striking (September 30, 2014 in the case of any sale or use involving liquefied hydrogen).

(2)

Outlay payments for alternative fuels

Paragraph (6) of section 6427(e) is amended—

(A)

by striking except as provided in subparagraph (D), any in subparagraph (C) and inserting any,

(B)

by striking the comma at the end of subparagraph (C) and inserting , and, and

(C)

by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).

(d)

Effective dates

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold or used after December 31, 2013.

(2)

Liquefied hydrogen

The amendments made by subsection (c) shall apply to fuels sold or used after September 30, 2014.

(e)

Special rule for certain periods during 2014

Notwithstanding any other provision of law, in the case of—

(1)

any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2013, and before the date of the enactment of this Act, and

(2)

any alternative fuel credit properly determined under section 6426(d) of such Code for such periods,

such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code.

13.

Extension of credit for new qualified fuel cell motor vehicles

(a)

In general

Paragraph (1) of section 30B(k) is amended by striking December 31, 2014 and inserting December 31, 2015.

(b)

Effective date

The amendment made by this section shall apply to property purchased after December 31, 2014.

14.

Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities

(a)

In general

Paragraph (3) of section 451(i) is amended by striking January 1, 2014 and inserting January 1, 2016.

(b)

Effective date

The amendment made by this section shall apply to dispositions after December 31, 2013.

15.

Extension of the advanced energy project credit

(a)

In general

Subsection (d) of section 48C is amended by adding at the end the following new paragraph:

(6)

Additional 2013 allocations

(A)

In general

Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Secretary of Energy, shall establish a program to consider and award certifications for qualified investments eligible for credits under this section to qualifying advanced energy project sponsors with respect to applications received on or after the date of the enactment of this paragraph.

(B)

Limitation

The total amount of credits that may be allocated under the program described in subparagraph (A) shall not exceed the 2013 allocation amount reduced by so much of the 2013 allocation amount as is taken into account as an increase in the limitation described in paragraph (1)(B).

(C)

Application of certain rules

Rules similar to the rules of paragraphs (2), (3), (4), and (5) shall apply for purposes of the program described in subparagraph (A), except that—

(i)

Certification

Applicants shall have 2 years from the date that the Secretary establishes such program to submit applications.

(ii)

Selection criteria

In determining which qualifying advanced energy projects to certify under such program, the Secretary, in consultation with the Secretary of Energy, shall give the highest priority to projects which manufacture (other than assembly of components) property described in a subclause of subsection (c)(1)(A)(i) (or components thereof).

(iii)

Review and redistribution

The Secretary shall conduct a separate review and redistribution under paragraph (5) with respect to such program not later than 4 years after the date of the enactment of this paragraph.

(D)

2013 allocation amount

For purposes of this subsection, the term 2013 allocation amount means $5,000,000,000.

(E)

Direct payments

In lieu of any qualifying advanced energy project credit which would otherwise be determined under this section with respect to an allocation to a taxpayer under this paragraph, the Secretary shall, upon the election of the taxpayer, make a grant to the taxpayer in the amount of such credit as so determined. Rules similar to the rules of section 50 shall apply with respect to any grant made under this subparagraph.

(b)

Portion of 2013 allocation allocated toward pending applications under original program

Subparagraph (B) of section 48C(d)(1) is amended by inserting (increased by so much of the 2013 allocation amount (not in excess of $1,500,000,000) as the Secretary determines necessary to make allocations to qualified investments with respect to which qualifying applications were submitted before the date of the enactment of paragraph (6)) after $2,300,000,000.

(c)

Conforming amendment

Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 48C(d)(6)(E), after 36B,.

16.

Extension of energy credit for certain property under construction

(a)

Solar energy property

Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are each amended by striking periods ending and inserting property the construction of which begins.

(b)

Qualified fuel cell property

Section 48(c)(1)(D) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017.

(c)

Qualified microturbine property

Section 48(c)(2)(D) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017.

(d)

Combined heat and power system property

Section 48(c)(3)(A)(iv) is amended by striking which is placed in service and inserting construction of which begins.

(e)

Qualified small wind energy property

Section 48(c)(4)(C) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017.

(f)

Thermal energy property

Section 48(a)(3)(A)(vii) is amended by striking periods ending and inserting property the construction of which begins.

(g)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act.

Bridge to a Clean Energy Future Act of 2014

Legislative Activity

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