H.R. 9746

Biomass Facility Construction Act

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I

119th CONGRESS

2d Session

H. R. 9746

IN THE HOUSE OF REPRESENTATIVES

July 16, 2026

Mr. Kiley of California 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 investment and production credits for open- and closed-loop biomass facilities.

1.

Short title

This Act may be cited as the Biomass Facility Construction Act.

2.

Reinstatement of investment and production credits for open- and closed-loop biomass facilities

(a)

Investment credit

Section 48(a) of the Internal Revenue Code of 1986 is amended—

(1)

by redesignating paragraph (16) as paragraph (17), and

(2)

by inserting after paragraph (15) the following new paragraph:

(16)

Application of credit to certain biomass facilities

(A)

In general

In the case of any qualified property (as defined in paragraph (5)(D)) which is part of a specified biomass facility—

(i)

such property shall be treated as energy property for purposes of this section, and

(ii)

the energy percentage with respect to such property is 30 percent.

(B)

Specified biomass facility

For purposes of this paragraph, the term specified biomass facility means any facility—

(i)

described in paragraph (2) or (3) of section 45(d), and

(ii)

the construction of which begins after the date of the enactment of the Biomass Facility Construction Act.

.

(b)

Production credit

(1)

Application to new biomass facilities

Section 45(d) of the Internal Revenue Code of 1986 is amended—

(A)

in paragraphs (2) and (3), by inserting or after the date of the enactment of the Biomass Facility Construction Act, after January 1, 2025, each place it appears, and

(B)

in paragraph (3)(A)(ii), by inserting , or after the date of the enactment of the Biomass Facility Construction Act after January 1, 2025.

(2)

Termination of certain limitations

Section 45(b)(4) of such Code is amended by adding at the end the following new subparagraph:

(C)

Termination

Subparagraphs (A) and (B) shall not apply to any facility described in paragraph (2) or (3) of subsection (d) the construction of which begins after the date of the enactment of the Biomass Facility Construction Act.

.

(c)

Effective date

The amendments made by this section shall apply to facilities the construction of which begins after the date of the enactment of this Act.