Energy Sector Innovation Credit Act of 2021
This bill adds new tax credits for investment in qualified emerging technology energy property and for the production of electricity from emerging energy technology. The bill defines qualified emerging energy property as property that is constructed, reconstructed, erected, or acquired by the taxpayer and is (1) a facility for the production of electricity from emerging energy technology, (2) carbon capture equipment, or (3) energy storage technology.
The bill also adds a new tax credit for the production of electricity from clean hydrogen. The bill defines clean hydrogen as hydrogen that is produced through a production method for which the rate of the greenhouse gas emission is greater than zero and not greater that 2,500g CO2-e per kilogram of hydrogen produced, or is equal to or less than zero.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4720 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4720
To amend the Internal Revenue Code of 1986 to provide investment and
production tax credits for emerging energy technologies, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2021
Mr. Reed (for himself, Mr. Panetta, Mr. LaHood, Mr. Suozzi, Mr.
Schweikert, and Mr. Gottheimer) 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 tax credits for emerging energy technologies, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Sector Innovation Credit Act
of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Promising energy resources with zero or very low market
penetration often face significant incumbency disadvantages as
they establish a foothold, including suboptimal resource
location relative to existing grid infrastructure and the lack
of economies of scale.
(2) Energy sector innovation can confer numerous benefits
to jobs and the economy, the environment and climate, and the
general social welfare.
(3) Energy sector innovation can come in numerous forms,
not all of which are readily quantifiable, including--
(A) diversifying and increasing the Nation's energy
generation portfolio and energy security,
(B) improving the dispatchability and reliability
of energy generation, and
(C) improving energy efficiency, emissions
reductions, or other markers of performance.
SEC. 3. INVESTMENT CREDIT FOR EMERGING ENERGY TECHNOLOGY.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 48C the following new section:
``SEC. 48D. EMERGING ENERGY TECHNOLOGY CREDIT.
``(a) Establishment of Credit.--For purposes of section 46, the
emerging energy technology credit for any taxable year is an amount
equal to the applicable percentage (as determined under subsection (c))
of the basis of any qualified emerging energy property placed in
service by the taxpayer during such taxable year.
``(b) Qualified Emerging Energy Property.--
``(1) In general.--The term `qualified emerging energy
property' means property which is constructed, reconstructed,
erected, or acquired by the taxpayer, and the original use of
which commences with the taxpayer, which is--
``(A) a qualified production facility (as defined
in section 45U(d)),
``(B) carbon capture equipment, or
``(C) energy storage technology.
``(2) Carbon capture equipment.--
``(A) In general.--For purposes of this section,
the term `carbon capture equipment' means property
which contains equipment that can separate and capture
qualified carbon oxide (as defined in section 45Q(c))
and is placed in service at, and used in connection
with, a facility--
``(i) which satisfies the requirements
under section 45Q(d)(2), and
``(ii) which is--
``(I) an electric generating
facility which--
``(aa) was originally
placed in service before such
property, and
``(bb) is a point source of
air pollutants,
``(II) a manufacturing or
industrial facility--
``(aa) which was originally
placed in service before such
property,
``(bb) which is a point
source of air pollutants, and
``(cc) for which such
property is primarily used to
capture qualified carbon oxide
(as defined in section 45Q(c))
which would otherwise be
released into the atmosphere as
a result of--
``(AA) the
production of ammonia,
helium, or ethanol at
such facility, or
``(BB) the
processing of natural
gas at such facility,
or
``(III) a manufacturing or
industrial facility described in
subclause (II) for which item (cc) of
such subclause does not apply.
``(B) Direct air capture.--
``(i) In general.--For purposes of this
section, the term `carbon capture equipment'
shall include any direct air capture facility
which can capture not less than 5,000 metric
tons of qualified carbon oxide (as defined in
section 45Q(c)) annually.
``(ii) Direct air capture facility.--The
term `direct air capture facility' has the same
meaning given such term under section 45Q(e)(1)
(as in effect on the date of enactment of this
section).
``(C) Rules regarding capture of carbon oxide.--
With respect to any qualified carbon oxide captured
using property described in subparagraph (A) or (B),
the taxpayer shall physically or contractually ensure
the disposal, utilization, or use of such qualified
carbon oxide in a manner consistent with the
requirements under section 45Q.
``(3) Energy storage technology.--For purposes of this
section, the term `energy storage technology' means stationary
equipment which--
``(A) is capable of absorbing energy, storing
energy for a period of time, and dispatching the stored
energy using batteries, compressed air, pumped
hydropower, thermal energy storage, liquid air,
regenerative fuel cells, flywheels, capacitors,
superconducting magnets, stacked objects, or other
technologies identified by the Secretary, in
consultation with the Secretary of Energy, and
``(B) has a capacity of not less than 1 megawatt.
``(4) Application with other credits.--
``(A) In general.--The term `qualified emerging
energy property' shall not include any property for
which, for the taxable year or any prior taxable year--
``(i) electricity produced from such
property is taken into account for purposes of
the credit allowed under section 45, 45J, or
45U,
``(ii) qualified carbon oxide captured by
such property is taken into account for
purposes of the credit allowed under section
45Q,
``(iii) the basis of such property is taken
into account for purposes of the credit allowed
under section 48, 48A, 48B, or 48C, or
``(iv) hydrogen produced from such property
is taken into account for purposes of the
credit allowed under section 45V.
``(B) Denial of double benefit.--With respect to
any section described in clause (i), (ii), (iii), or
(iv) of subparagraph (A), no credit shall be allowed
under such section for any taxable year with respect to
any property for which a credit is allowed under this
section for such taxable year or any prior taxable
year.
``(C) Additional rule.--Subparagraphs (A)(ii) and
(B) shall not apply for purposes of the credit allowed
under this section or section 45Q with respect to any
qualified carbon oxide captured using property
described in subparagraph (A) or (B) of paragraph (2)
if such carbon oxide is disposed of in a manner
consistent with section 45Q(a)(3)(B).
``(c) Applicable Percentages.--
``(1) Qualified production facilities.--In the case of any
qualified production facility which satisfies the requirements
for--
``(A) a tier 1 facility (as described in clause (i)
of section 45U(b)(2)(A)), the applicable percentage
shall be 40 percent,
``(B) a tier 2 facility (as described in clause
(ii) of such section), the applicable percentage shall
be 30 percent,
``(C) a tier 3 facility (as described in clause
(iii) of such section), the applicable percentage shall
be 20 percent, and
``(D) a tier 4 facility (as described in clause
(iv) of such section), the applicable percentage shall
be 10 percent.
``(2) Carbon capture equipment.--
``(A) In general.--With respect to carbon capture
equipment, the applicable percentage shall be--
``(i) in the case of tier 1 equipment, 40
percent,
``(ii) in the case of tier 2 equipment, 30
percent,
``(iii) in the case of tier 3 equipment, 20
percent,
``(iv) in the case of tier 4 equipment, 10
percent, and
``(v) in the case of any other such
equipment, zero percent.
``(B) Equipment tiers.--
``(i) In general.--For purposes of this
paragraph--
``(I) Tier 1 equipment.--The term
`tier 1 equipment' means any carbon
capture equipment for which the market
penetration level for the calendar year
preceding the calendar year in which
construction of such equipment began is
less than 0.75 percent.
``(II) Tier 2 equipment.--The term
`tier 2 equipment' has the same meaning
given the term `tier 1 equipment' under
subclause (I), except that `at least
0.75 percent but less than 1.5 percent'
shall be substituted for `less than
0.75 percent'.
``(III) Tier 3 equipment.--The term
`tier 3 equipment' has the same meaning
given the term `tier 1 equipment' under
subclause (I), except that `at least
1.5 percent but less than 2.25 percent'
shall be substituted for `less than
0.75 percent'.
``(IV) Tier 4 equipment.--The term
`tier 4 equipment' has the same meaning
given the term `tier 1 equipment' under
subclause (I), except that `at least
2.25 percent but less than 3 percent'
shall be substituted for `less than
0.75 percent'.
``(ii) Market penetration level.--For
purposes of this subparagraph, the term `market
penetration level' means, with respect to any
calendar year, the amount equal to the greater
of--
``(I) the amount (expressed as a
percentage) equal to the quotient of--
``(aa) the total amount
(expressed in metric tons) of
carbon oxide captured and
disposed of, used, or utilized
in a manner consistent with the
requirements under section 45Q
by carbon capture equipment
within the United States during
such calendar year (as
determined by the Secretary on
the basis of data reported by
the Energy Information
Administration and the
Environmental Protection
Agency), divided by
``(bb) the total amount of
greenhouse gas emissions in the
United States (expressed in
metric tons of CO2-e) during
the most recent calendar year
ending prior to the date of
enactment of this section for
which such data is available to
the Administrator of the
Environmental Protection
Agency, or
``(II) the amount determined under
this clause for the preceding calendar
year.
``(C) Division of equipment for purposes of
determining tier.--For purposes of determining the
applicable tier for any carbon capture equipment under
subparagraph (B), such subparagraph shall be applied
separately (and the total amount of carbon oxide
captured by such equipment shall be determined
separately) with respect to--
``(i) any such equipment described in
subclause (I) of subsection (b)(2)(A)(ii),
``(ii) any such equipment described in
subclause (II) of such subsection,
``(iii) any such equipment described in
subclause (III) of such subsection, and
``(iv) any such equipment described in
subparagraph (B) of subsection (b)(2).
``(D) Determination of tier.--For purposes of this
paragraph, the determination as to whether any carbon
capture equipment qualifies as a tier 1, 2, 3, or 4
equipment shall be made--
``(i) during the year in which construction
of such equipment begins (as determined under
rules similar to the rules in section 45U(e)),
and
``(ii) based on the determinations included
in the report described in section
45U(b)(2)(D)(i)(II) with respect to such
calendar year.
``(E) Reporting.--The Secretary shall, as part of
the reports published pursuant to section
45U(b)(2)(D)(i) and in the same manner as described
under such section, publish the applicable market
penetration level and tier for any carbon capture
equipment (as determined separately for such equipment
pursuant to subparagraph (C)).
``(3) Energy storage technology.--
``(A) In general.--With respect to energy storage
technology, the applicable percentage shall be--
``(i) in the case of tier 1 technology, 40
percent,
``(ii) in the case of tier 2 technology, 30
percent,
``(iii) in the case of tier 3 technology,
20 percent,
``(iv) in the case of tier 4 technology, 10
percent, and
``(v) in the case of any other such
technology, zero percent.
``(B) Technology tiers.--
``(i) In general.--For purposes of this
paragraph--
``(I) Tier 1 technology.--The term
`tier 1 technology' means any energy
storage technology for which the market
penetration level for the calendar year
preceding the calendar year in which
construction of such technology began
is less than 0.75 percent.
``(II) Tier 2 technology.--The term
`tier 2 technology' has the same
meaning given the term `tier 1
technology' under subclause (I), except
that `at least 0.75 percent but less
than 1.5 percent' shall be substituted
for `less than 0.75 percent'.
``(III) Tier 3 technology.--The
term `tier 3 technology' has the same
meaning given the term `tier 1
technology' under subclause (I), except
that `at least 1.5 percent but less
than 2.25 percent' shall be substituted
for `less than 0.75 percent'.
``(IV) Tier 4 technology.--The term
`tier 4 technology' has the same
meaning given the term `tier 1
technology' under subclause (I), except
that `at least 2.25 percent but less
than 3 percent' shall be substituted
for `less than 0.75 percent'.
``(ii) Market penetration level.--For
purposes of this subparagraph, the term `market
penetration level' means, with respect to any
calendar year, the amount equal to the greater
of--
``(I) the amount (expressed as a
percentage) equal to the quotient of--
``(aa) the total nameplate
capacity (expressed in
megawatts) of energy storage
technology in operation within
the United States at the
beginning of such calendar year
(as determined by the Secretary
on the basis of data reported
by the Energy Information
Administration), divided by
``(bb) the total domestic
electricity production
nameplate capacity (expressed
in megawatts) at the close of
such year, or
``(II) the amount determined under
this clause for the preceding calendar
year.
``(C) Division of technology for purposes of
determining tier.--
``(i) In general.--For purposes of
determining the applicable tier for any energy
storage technology under subparagraph (B), such
subparagraph shall be applied separately (and
the total capacity of such technology shall be
determined separately) with respect to--
``(I) any such technology which is
lithium-ion based,
``(II) any such technology which
uses pumped hydropower,
``(III) any such technology which--
``(aa) is not described in
subclause (I) or (II), and
``(bb) is classified as
short-duration storage under
clause (ii), and
``(IV) any such technology which--
``(aa) is not described in
subclause (I) or (II), and
``(bb) is classified as
long-duration storage under
clause (ii).
``(ii) Classification.--The Secretary of
Energy (in consultation with the Secretary)
shall issue such regulations or other guidance
as the Secretary of Energy determines necessary
or appropriate to define the terms `short-
duration storage' and `long-duration storage'
for purposes of classifying energy storage
technology under clause (i).
``(D) Determination of tier.--For purposes of this
paragraph, the determination as to whether any energy
storage technology qualifies as a tier 1, 2, 3, or 4
technology shall be made--
``(i) during the year in which construction
of such technology begins (as determined under
rules similar to the rules in section 45U(e)),
and
``(ii) based on the determinations included
in the report described in section
45U(b)(2)(D)(i)(II) with respect to such
calendar year.
``(E) Reporting.--The Secretary shall, as part of
the reports published pursuant to section
45U(b)(2)(D)(i) and in the same manner as described
under such section, publish the applicable market
penetration level and tier for any energy storage
technology (as determined separately for such
technology pursuant to subparagraph (C)).
``(d) Special Rules.--
``(1) Certain qualified progress expenditure rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(2) Transfer of credit.--
``(A) In general.--If, with respect to a credit
allowed under subsection (a) for any taxable year, the
taxpayer elects the application of this paragraph for
such taxable year with respect to all (or any portion
specified in such election) of such credit, the
eligible project partner specified in such election,
and not the taxpayer, shall be treated as the taxpayer
for purposes of this title with respect to such credit
(or such portion thereof).
``(B) Eligible project partner.--
``(i) In general.--For purposes of this
paragraph, the term `eligible project partner'
means, with respect to any qualified emerging
energy property, any person who--
``(I) has an ownership interest in
such property,
``(II) provided equipment for or
services in the construction of such
property,
``(III) provides electric
transmission or distribution services
for such property,
``(IV) purchases electricity from
such property pursuant to a contract,
or
``(V) provides financing for such
property.
``(ii) Financing.--For purposes of clause
(i)(V), any amount paid as consideration for a
transfer described in subparagraph (A) shall
not be treated as financing for qualified
emerging energy property.
``(C) Deduction for payments in connection with
transfer.--A deduction under part VI of subchapter B
shall be allowed in an amount equal to the amount paid
by the taxpayer as consideration for a transfer
described in subparagraph (A).
``(D) Taxable year in which credit taken into
account.--In the case of any credit (or portion
thereof) with respect to which an election is made
under subparagraph (A), such credit shall be taken into
account in the first taxable year of the eligible
project partner ending with, or after, the electing
taxpayer's taxable year with respect to which the
credit was determined.
``(E) Limitations on election.--
``(i) Time for election.--An election under
this paragraph to transfer any portion of the
credit allowed under subsection (a) shall be
made not later than the due date for the return
of tax for the electing taxpayer's taxable year
with respect to which the credit was
determined.
``(ii) No further transfers.--No election
may be made under this paragraph by a taxpayer
with respect to any portion of the credit
allowed under subsection (a) which has been
previously transferred to such taxpayer under
this paragraph.
``(F) Treatment of transfer under private use
rules.--For purposes of section 141(b)(1), any benefit
derived by an eligible project partner in connection
with an election under this paragraph shall not be
taken into account as a private business use.
``(G) Special rules for public property.--
``(i) In general.--If, with respect to a
credit under subsection (a) for any taxable
year--
``(I) a qualified public entity
would be the taxpayer (but for this
subparagraph), and
``(II) such entity elects the
application of subparagraph (A) for
such taxable year with respect to all
(or any portion specified in such
election) of such credit,
the eligible project partner specified in such
election, and not the qualified public entity,
shall be treated as the taxpayer for purposes
of this title with respect to such credit (or
such portion thereof).
``(ii) Qualified public entity.--For
purposes of this subparagraph, the term
`qualified public entity' means--
``(I) any State or local
government, or a political subdivision
thereof, or
``(II) an Indian tribal government.
``(H) Property used by certain tax-exempt
organizations and governmental units.--In the case of a
taxpayer making an election under this paragraph, the
credit subject to such an election shall be determined
notwithstanding--
``(i) section 50(b)(3), and
``(ii) in the case of any entity described
in section 50(b)(4)(A)(i), section 50(b)(4).
``(I) Additional election requirements.--The
Secretary may prescribe such regulations as may be
appropriate to carry out the purposes of this
paragraph, including--
``(i) rules for determining which persons
are eligible project partners with respect to
any qualified emerging energy property, and
``(ii) requiring information to be included
in an election under subparagraph (A) or
imposing additional reporting requirements.
``(e) Regulations.--The Secretary (in consultation with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency) shall issue such regulations or other guidance as
the Secretary determines necessary or appropriate to carry out the
purposes of this section, including rules for reporting--
``(1) for purposes of paragraph (2)(B)(ii) of subsection
(c), the amount of carbon oxide captured by carbon capture
equipment, and
``(2) for purposes of paragraph (3)(B)(ii) of such
subsection, the capacity of energy storage technology.''.
(b) Special Rule for Proceeds of Transfers for Mutual or
Cooperative Electric Companies.--Section 501(c)(12)(I) of such Code is
amended by inserting ``or 48D(d)(2)'' after ``section 45J(e)(1)''.
(c) Conforming Amendments.--
(1) Section 46 of such Code is amended by striking ``and''
at the end of paragraph (5), by striking the period at the end
of paragraph (6) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(7) the emerging energy technology credit.''.
(2) Section 49(a)(1)(C) of such Code is amended by striking
``and'' at the end of clause (iv), by striking the period at
the end of clause (v) and inserting ``, and'', and by adding at
the end the following new clause:
``(vi) the basis of any qualified emerging
energy property (as defined in section
48D(b)(1)).''.
(3) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 48C the following new item:
``Sec. 48D. Emerging energy technology credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
the date of the enactment of this Act, 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).
SEC. 4. PRODUCTION CREDIT FOR EMERGING ENERGY TECHNOLOGY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45U. ELECTRICITY PRODUCED FROM EMERGING ENERGY TECHNOLOGY.
``(a) General Rule.--For purposes of section 38, the emerging
energy technology production credit determined under this section for
any taxable year beginning in the credit period with respect to a
qualified production facility of the taxpayer is an amount equal to the
applicable percentage of the lesser of--
``(1) the annual gross receipts of the taxpayer from the
sale of electricity generated at the qualified production
facility to an unrelated person (within the meaning of section
45(e)(4)) during such taxable year, or
``(2) the product of--
``(A) 150 percent of the national average wholesale
price of a kilowatt hour of electricity in the calendar
year which began 2 years prior to the calendar year in
which such taxable year begins, multiplied by
``(B) the number of kilowatt hours of electricity
produced at the qualified production facility and sold
to an unrelated person (within the meaning of section
45(e)(4)) during such taxable year.
``(b) Applicable Percentage.--
``(1) In general.--For purposes of subsection (a), the
applicable percentage is--
``(A) in the case of a tier 1 facility, 60 percent,
``(B) in the case of a tier 2 facility, 45 percent,
``(C) in the case of a tier 3 facility, 30 percent,
``(D) in the case of a tier 4 facility, 15 percent,
and
``(E) in the case of any other facility, zero
percent.
``(2) Facility tiers.--
``(A) In general.--For purposes of this section--
``(i) Tier 1 facility.--The term `tier 1
facility' means any qualified production
facility which generates electricity from an
individual energy production technology--
``(I) described in subsection
(d)(2)(A), and
``(II) for which the market
penetration level for the calendar year
preceding the calendar year in which
construction of such facility began is
less than 0.75 percent.
``(ii) Tier 2 facility.--The term `tier 2
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 0.75 percent but less than 1.5
percent' shall be substituted for `less than
0.75 percent'.
``(iii) Tier 3 facility.--The term `tier 3
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 1.5 percent but less than 2.25
percent' shall be substituted for `less than
0.75 percent'.
``(iv) Tier 4 facility.--The term `tier 4
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 2.25 percent but less than 3 percent'
shall be substituted for `less than 0.75
percent'.
``(B) Market penetration level.--For purposes of
this paragraph, the term `market penetration level'
means, with respect to any calendar year, the amount
equal to the greater of--
``(i) the amount (expressed as a
percentage) equal to the quotient of--
``(I) the sum of all electricity
produced (expressed in terawatt hours)
from the individual energy production
technology by all qualified production
facilities (as defined in subsection
(d)(1), except that subparagraph (D) of
such subsection shall not apply) during
such calendar year (as determined by
the Secretary on the basis of data
reported by the Energy Information
Administration), divided by
``(II) the total domestic power
sector electricity production
(expressed in terawatt hours) for such
calendar year, or
``(ii) the amount determined under this
subparagraph for the preceding calendar year.
``(C) Construction begins.--For purposes of this
subsection and section 48D, the determination as to
whether a facility qualifies as a tier 1, 2, 3, or 4
facility shall be--
``(i) made during the calendar year in
which construction of such facility begins,
``(ii) based on the determinations included
in the report described in subparagraph
(D)(i)(II) with respect to such calendar year,
and
``(iii) contingent on the taxpayer
maintaining a continuous program of
construction or continuous efforts to advance
towards completion of the facility.
``(D) Guidance and reports.--
``(i) Reports.--
``(I) Estimates.--During the month
of December of the calendar year which
includes the date of enactment of this
section, and during the month of
December of each subsequent year, the
Secretary of Energy (in consultation
with the Secretary) shall publish an
annual report which contains estimates
with respect to the applicable market
penetration level and tier for each
individual energy production technology
described in subsection (d)(2)(A) which
has been used to generate electricity
by any qualified production facility
(as defined in subsection (d)(1),
except that subparagraph (D) of such
subsection shall not apply) during such
calendar year.
``(II) Final report.--During the
month of February of each calendar year
beginning after the date of enactment
of this section, the Secretary of
Energy (in consultation with the
Secretary) shall publish an annual
report which provides the final
determination with respect to the
applicable market penetration level and
tier for each individual energy
production technology described in
subsection (d)(2)(A) which has been
used to generate electricity by any
qualified production facility (as
defined in subsection (d)(1), except
that subparagraph (D) of such
subsection shall not apply) during the
preceding calendar year.
``(III) Previous years.--In the
case of a facility which began
construction during a calendar year
preceding the calendar year which
includes the date of enactment of this
section, for purposes of determining
whether such facility qualifies as a
tier 1, 2, 3, or 4 facility under
subparagraph (C), the Secretary of
Energy (in consultation with the
Secretary) shall include, as part of
the first report described in subclause
(II) which is published after the date
of enactment of this section, the final
determination with respect to the
applicable market penetration level and
tier for each individual energy
production technology described in
subsection (d)(2)(A) which has been
used to generate electricity by any
qualified production facility (as
defined in subsection (d)(1), except
that subparagraph (D) of such
subsection shall not apply) during such
preceding calendar years as are
determined by the Secretary to be
relevant for purposes of the
administration of this section.
``(ii) Classification of energy production
technology.--The Secretary of Energy (in
consultation with the Secretary) shall issue
such regulations or other guidance (as well as
any subsequent updates to such regulations or
guidance) as the Secretary of Energy determines
necessary or appropriate to ensure that any
qualified production facility or technology
used for the production of electricity is
classified within a single energy production
technology for purposes of subsection (d)(2).
In the case of any technology used for the
production of electricity which may be
classified within 2 or more different
categories of energy production technology
under such subsection, the Secretary of Energy
shall make the determination as to the correct
category with respect to such technology as
rapidly as possible, with such determinations
to be included in any report described in
clause (i).
``(iii) National average wholesale price.--
For purposes of determining the amount
applicable under subsection (a)(2)(A) with
respect to any calendar year, the Secretary of
Energy (in consultation with the Secretary)
shall include in any report described in clause
(i) a determination with respect to the
national average wholesale price of a kilowatt
hour of electricity during such calendar year.
``(c) Credit Period.--For purposes of this section, the credit
period with respect to any qualified production facility is the 10-year
period beginning with the date the facility was originally placed in
service.
``(d) Qualified Production Facility.--
``(1) In general.--For purposes of this section, the term
`qualified production facility' means any electric generating
facility which--
``(A) is located in the United States or a
possession of the United States (as such terms are used
in section 638),
``(B) generates electricity using energy production
technology,
``(C) produces such electricity with an emissions
rate less than 100g CO2-e per kWh, and
``(D) is placed in service after the date of
enactment of this section.
``(2) Energy production technology.--
``(A) In general.--For purposes of paragraph (1),
each of the following shall be treated as an individual
energy production technology:
``(i) Traditional nuclear fission.
``(ii) Light water reactor-based advanced
nuclear fission.
``(iii) Non-light water reactor-based
advanced nuclear fission.
``(iv) Nuclear fusion.
``(v) Concentrating solar thermal power.
``(vi) Silicon photovoltaic.
``(vii) Cadmium telluride and copper indium
gallium selenide solar.
``(viii) Emerging photovoltaics.
``(ix) Enhanced geothermal.
``(x) Hydrothermal.
``(xi) Marine energy.
``(xii) Fixed bottom offshore wind.
``(xiii) Floating offshore wind.
``(xiv) Traditional onshore wind.
``(xv) New onshore wind.
``(xvi) Coal.
``(xvii) Natural gas.
``(xviii) Petroleum.
``(xix) Open-loop biomass.
``(xx) Closed-loop biomass.
``(xxi) Hydropower.
``(B) Additional specifications.--
``(i) Nuclear fission.--
``(I) Traditional nuclear
fission.--For purposes of clause (i) of
subparagraph (A), the term `traditional
nuclear fission' means any nuclear
fission which is not described in
subclause (II) or (III).
``(II) Light water reactor-based
advanced nuclear fission.--For purposes
of clause (ii) of such subparagraph,
the term `light water reactor-based
advanced nuclear fission' shall include
small modular light water reactors.
``(III) Non-light water reactor-
based advanced nuclear fission.--For
purposes of clause (iii) of such
subparagraph, the term `non-light water
reactor-based advanced nuclear fission'
means any advanced nuclear fission
which is not included under clause (ii)
of such subparagraph.
``(ii) Nuclear fusion.--For purposes of
clause (iv) of subparagraph (A), only nuclear
fusion for which net power is produced from the
fusion reaction shall be included.
``(iii) Emerging photovoltaics.--For
purposes of clause (viii) of such subparagraph,
the term `emerging photovoltaics' includes
perovskite-based and perovskite-enhanced solar,
quantum dots, organic photovoltaics, multi-
junction tandem devices, and any photovoltaic
solar technology not included under clause
(vii) of such subparagraph.
``(iv) Marine energy.--For purposes of
clause (xi) of such subparagraph, the term
`marine energy' has the same meaning given such
term under section 632 of the Energy
Independence and Security Act of 2007 (42
U.S.C. 17211).
``(v) Traditional onshore wind.--For
purposes of clause (xiv) of subparagraph (A),
the term `traditional onshore wind' means any
energy production technology of a design which
is the same as or substantially similar to wind
technology that has achieved megawatt scale or
larger deployment in the United States as of
the date of enactment of this section.
``(vi) New onshore wind.--For purposes of
clause (xv) of such subparagraph, the term `new
onshore wind' means any energy production
technology which is not included in clause
(xiv) of such subparagraph.
``(vii) Open-loop biomass.--For purposes of
clause (xix) of such subparagraph, the term
`open-loop biomass' has the same meaning given
such term under section 45(c)(3).
``(viii) Closed-loop biomass.--For purposes
of clause (xx) of such subparagraph, the term
`closed-loop biomass' has the same meaning
given such term under section 45(c)(2).
``(3) Emissions rate.--
``(A) Exclusions.--For purposes of paragraph
(1)(C), the emissions rate shall not include--
``(i) any emissions which are captured
using carbon capture equipment, provided that
any carbon oxide captured using such equipment
is disposed of, used, or utilized in a manner
consistent with the requirements under section
45Q, or
``(ii) in the case of electricity generated
from any fossil fuel, any upstream or fugitive
emissions, such as emissions related to the
extraction, transportation, storage of such
fuel.
``(B) Lifecycle analysis.--For purposes of
paragraph (1)(C), in the case of any facility which
generates electricity through combustion of a non-
fossil fuel, the emissions rate shall be determined
based on a lifecycle analysis.
``(4) Application with other credits.--
``(A) In general.--The term `qualified production
facility' shall not include any facility for which, for
the taxable year or any prior taxable year--
``(i) electricity produced from such
facility is taken into account for purposes of
the credit allowed under section 45 or 45J,
``(ii) qualified carbon oxide captured by
such facility is taken into account for
purposes of the credit allowed under section
45Q,
``(iii) the basis of any property which is
part of such facility is taken into account for
purposes of the credit allowed under section
48, 48A, 48B, 48C, or 48D, or
``(iv) hydrogen produced from such facility
is taken into account for purposes of the
credit allowed under section 45V.
``(B) Denial of double benefit.--With respect to
any section described in clause (i), (ii), (iii), or
(iv) of subparagraph (A), no credit shall be allowed
under such section for any taxable year with respect to
any property for which a credit is allowed under this
section for such taxable year or any prior taxable
year.
``(5) CO2-e.--In this section, the term `CO2-e' means the
quantity of a greenhouse gas that has a global warming
potential equivalent to 1 metric ton of carbon dioxide, as
determined under table A-1 of subpart A of part 98 of title 40,
Code of Federal Regulations, as in effect on the date of
enactment of this section.
``(e) Determination of When Construction Begins; Continuous Program
of Construction or Continuity of Effort.--
``(1) In general.--For purposes of this section,
construction of a facility begins when--
``(A) physical work of a significant nature begins,
or
``(B) during the year in which the taxpayer begins
physical work, a facility has invested not less than--
``(i) 2 percent of construction costs, or
``(ii) $50,000,000.
``(2) Work performed.--For purposes of paragraph (1), any
work performed--
``(A) by the taxpayer, or
``(B) for the taxpayer by other persons under a
binding written contract which is entered into prior to
the manufacture, construction, or production of the
property for use by the taxpayer in the taxpayer's
trade or business (or for the taxpayer's production of
income),
shall be taken into account in determining whether construction
has begun.
``(3) Continuous program of construction.--For purposes of
this section, the term `continuous program of construction'
means continuing physical work of a significant nature, as
determined by the Secretary based upon relevant facts and
circumstances.
``(4) Continuous efforts.--For purposes of this section,
the term `continuous efforts' means making continuous efforts
towards completion of the facility, as determined by the
Secretary based upon relevant facts and circumstances.
``(f) Transfer of Credit.--Rules similar to the rules of subsection
(d)(2) of section 48D shall apply for purposes of this section.
``(g) Regulations.--Not later than 18 months after the date of the
enactment of this section, the Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (32), by striking the period at the
end of paragraph (33) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(34) the emerging energy technology production credit
determined under section 45U(a).''.
(c) Special Rule for Proceeds of Transfers for Mutual or
Cooperative Electric Companies.--Section 501(c)(12)(I) of such Code, as
amended by section 3(b), is amended by striking ``or 48D(d)(2)'' and
inserting ``, 45U(f), or 48D(d)(2)''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45U. Electricity produced from emerging energy technology.''.
(e) Effective Date.--The amendments made by this section shall
apply to electricity produced and sold in taxable years beginning after
the date of the enactment of this Act.
SEC. 5. CLEAN HYDROGEN PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986, as amended by section 4, is
amended by adding at the end the following new section:
``SEC. 45V. CLEAN HYDROGEN PRODUCTION.
``(a) General Rule.--
``(1) Amount of credit.--For purposes of section 38, the
clean hydrogen production credit determined under this section
for any taxable year beginning in the credit period with
respect to a qualified hydrogen production facility of the
taxpayer is an amount equal to the product of--
``(A) the applicable percentage of an amount equal
to 250 percent of the national average wholesale price
of a kilogram of hydrogen in the calendar year which
began 2 years prior to the calendar year in which such
taxable year begins, and
``(B) subject to paragraph (2), the amount of clean
hydrogen produced at the qualified hydrogen production
facility during such taxable year.
``(2) Increase for zero-emissions hydrogen.--In the case of
any clean hydrogen described in subsection (d)(1)(A)(ii), the
amount determined under paragraph (1)(B) with respect to such
clean hydrogen shall be equal to twice the amount otherwise
determined under such paragraph.
``(b) Applicable Percentage.--
``(1) In general.--For purposes of subsection (a)(1)(A),
the applicable percentage is--
``(A) in the case of a tier 1 facility, 60 percent,
``(B) in the case of a tier 2 facility, 45 percent,
``(C) in the case of a tier 3 facility, 30 percent,
``(D) in the case of a tier 4 facility, 15 percent,
and
``(E) in the case of any other facility, zero
percent.
``(2) Facility tiers.--
``(A) In general.--For purposes of this
subsection--
``(i) Tier 1 facility.--The term `tier 1
facility' means any qualified hydrogen
production facility which produces clean
hydrogen from a qualified production method for
which the market penetration level for the
calendar year preceding the calendar year in
which construction or modification of such
facility began is less than 0.75 percent.
``(ii) Tier 2 facility.--The term `tier 2
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 0.75 percent but less than 1.5
percent' shall be substituted for `less than
0.75 percent'.
``(iii) Tier 3 facility.--The term `tier 3
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 1.5 percent but less than 2.25
percent' shall be substituted for `less than
0.75 percent'.
``(iv) Tier 4 facility.--The term `tier 4
facility' has the same meaning given the term
`tier 1 facility' under clause (i), except that
`at least 2.25 percent but less than 3 percent'
shall be substituted for `less than 0.75
percent'.
``(B) Market penetration level.--For purposes of
this paragraph, the term `market penetration level'
means, with respect to any calendar year, the amount
equal to the greater of--
``(i) the amount (expressed as a
percentage) equal to the quotient of--
``(I) subject to subsection
(d)(1)(C), the total energy content
(expressed in megawatt hours) of all
clean hydrogen produced using the
qualified production method by all
qualified hydrogen production
facilities (as defined in subsection
(d)(2)(A), except that clause (iii) of
such subsection shall not apply) during
such calendar year (as determined by
the Secretary on the basis of data
reported by the Energy Information
Administration), divided by
``(II) the total domestic power
sector electricity production
(expressed in megawatt hours) for such
calendar year, or
``(ii) the amount determined under this
subparagraph for the preceding calendar year.
``(C) Division of production methods for purposes
of determining tier.--For purposes of determining the
applicable tier for any qualified production method
under subparagraph (B), such subparagraph shall be
applied separately with respect to--
``(i) any such method described in
subparagraph (A) of subsection (d)(3), and
``(ii) any such method described in
subparagraph (B) of such subsection.
``(D) Construction begins.--For purposes of this
subsection, the determination as to whether a facility
qualifies as a tier 1, 2, 3, or 4 facility shall be--
``(i) made during the year in which
construction or modification of such facility
begins,
``(ii) based on the determinations included
in the report described in section
45U(b)(2)(D)(i)(II) with respect to such
calendar year, and
``(iii) contingent on the taxpayer
maintaining a continuous program of
construction or continuous efforts to advance
towards completion of the facility.
``(E) Reports.--
``(i) In general.--The Secretary shall, as
part of the reports published pursuant to
section 45U(b)(2)(D)(i) and in the same manner
as described under such section, publish the
applicable market penetration level and tier
for each qualified production method which has
been used to produce clean hydrogen by any
qualified hydrogen production facility (as
defined in subsection (d)(2)(A), except that
clause (iii) of such subsection shall not
apply).
``(ii) National average wholesale price.--
For purposes of determining the amount
applicable under subsection (a)(1)(A) with
respect to any calendar year, the Secretary of
Energy (in consultation with the Secretary)
shall include in any report described in
section 45U(b)(2)(D)(i) a determination with
respect to the national average wholesale price
of a kilogram of hydrogen during such calendar
year.
``(c) Credit Period.--For purposes of this section, the credit
period with respect to any qualified hydrogen production facility is--
``(1) in the case of a facility described in subclause (I)
of subsection (d)(2)(A)(iii), the 10-year period beginning with
the date the facility was originally placed in service, or
``(2) in the case of a facility described in subclause (II)
of such subsection, the 10-year period beginning with the date
that the property required to modify such facility is placed in
service.
``(d) Definitions.--In this section--
``(1) Clean hydrogen.--
``(A) In general.--The term `clean hydrogen' means
hydrogen which, as determined based on a lifecycle
analysis, is produced through a qualified production
method for which the rate of the greenhouse gas
emissions--
``(i) is greater than zero and not greater
than 2,500g CO2-e (as defined in section
45U(d)(5)) per kilogram of hydrogen produced,
or
``(ii) is equal to or less than zero.
``(B) Special rules.--
``(i) Emissions from generation of
electricity.--In the case of any hydrogen
produced from a qualified production method
described in paragraph (3)(A)--
``(I) if such method uses
electricity generated from a renewable
energy resource (as defined in section
403 of the Renewable Energy Resources
Act of 1980 (42 U.S.C. 7372)) or
nuclear power, such hydrogen shall be
deemed to be clean hydrogen described
in subparagraph (A)(ii), or
``(II) if such method uses
electricity generated from a source
that emits greenhouse gases during
production, any such emissions which
are released into the atmosphere during
such production shall be included for
purposes of determining the rate of the
greenhouse gas emissions under
subparagraph (A).
``(ii) Non-electrolysis or use of fossil
fuels.--In the case of any hydrogen produced--
``(I) through the use of fossil
fuels or through the use of electricity
which is generated through combustion
of a fossil fuel, or
``(II) using a method described in
paragraph (3)(B),
subparagraph (A) shall be applied with respect
to such hydrogen on the basis of a lifecycle
analysis.
``(iii) Exclusion of hydrogen emissions.--
For purposes of subparagraph (A), with respect
to hydrogen produced through a qualified
production method, any such hydrogen which is
released into the atmosphere during such
production shall not be included for purposes
of determining the rate of the greenhouse gas
emissions under such subparagraph.
``(iv) Carbon capture.--For purposes of
determining the rate of the greenhouse gas
emissions under subparagraph (A), such
subparagraph shall not apply with respect to
any qualified carbon oxide (as defined in
section 45Q(c)) captured using carbon capture
equipment if such carbon oxide is disposed of,
used, or utilized in a manner consistent with
the requirements under section 45Q.
``(v) Upstream and downstream emissions.--
``(I) In general.--In the case of
hydrogen produced using a qualified
production method described in clause
(ii), for purposes of the application
of subparagraph (A) based on a
lifecycle analysis with respect to such
method, such subparagraph shall not
apply with respect to--
``(aa) any upstream
emissions, and
``(bb) any downstream
emissions related to the
compression, liquefaction, use,
or transport of hydrogen
subsequent to production.
``(II) High-temperature
electrolysis.--For purposes of
determining the rate of the greenhouse
gas emissions under subparagraph (A)
with respect to hydrogen produced using
high-temperature electrolysis, such
subparagraph shall apply with respect
to any direct emissions resulting from
the fuel source used to create heat to
which clause (iv) does not apply.
``(III) Upstream emissions.--For
purposes of this clause, the term
`upstream emissions' means the quantity
of greenhouse gases, expressed in
metric tons of CO2-e, emitted to the
atmosphere resulting from the
extraction, processing, transportation,
financing, or other preparation of
hydrogen for use.
``(C) Energy content.--For purposes of subsection
(b)(2)(B)(i)(I), the energy content of 1 kilogram of
clean hydrogen shall be deemed to be equal to 33.6
kilowatt hours of energy.
``(2) Qualified hydrogen production facility.--
``(A) In general.--The term `qualified hydrogen
production facility' means any facility--
``(i) which is located in the United States
or a possession of the United States (as such
terms are used in section 638),
``(ii) which produces clean hydrogen using
a qualified production method, and
``(iii)(I) which is placed in service after
the date of enactment of this section, or
``(II) which--
``(aa) was originally placed in
service before the date of enactment of
this section and, prior to the
modification described in item (bb),
did not produce clean hydrogen, and
``(bb) after the date of enactment
of this section, is modified to produce
clean hydrogen, including--
``(AA) modification of a
facility which, prior to such
modification, produced hydrogen
which did not satisfy the
requirements under paragraph
(1)(A), or
``(BB) for purposes of
paragraph (1)(B)(iv),
installation of carbon capture
equipment.
``(B) Application with other credits.--
``(i) In general.--With respect to any
taxable year, the term `qualified hydrogen
production facility' shall not include--
``(I) any facility which--
``(aa) produces
electricity--
``(AA) which is
taken into account for
purposes of the credit
allowed under section
45, 45J, or 45U for
such taxable year or
any previous taxable
year, and
``(BB) which is
used by such facility
for the production of
clean hydrogen, or
``(bb) for such taxable
year or any previous taxable
year, the basis of any property
which is part of such facility
is taken into account for
purposes of the credit allowed
under section 48, 48A, 48B,
48C, or 48D,
``(II) any facility which receives
electricity--
``(aa)(AA) from another
facility for which a credit is
allowed for such taxable year
or any previous taxable year
with respect to such
electricity under section 45,
45J, or 45U, or
``(BB) from another
facility or project for which,
for such taxable year or any
previous taxable year, the
basis of any property which is
part of such facility or
project is taken into account
for purposes of the credit
allowed under section 48, 48A,
48B, 48C, or 48D, and
``(bb) which is used by
such facility for the
production of clean hydrogen,
or
``(III) any carbon capture
equipment placed in service at a
facility which is used to capture
qualified carbon oxide which is taken
into account in such taxable year or
any previous taxable year for purposes
of the credit allowed under section
45Q.
``(ii) Denial of double benefit.--With
respect to any section described in clause (I),
(II), or (III) of clause (i), no credit shall
be allowed under such section for any taxable
year with respect to any property for which a
credit is allowed under this section for such
taxable year or any prior taxable year.
``(3) Qualified production method.--The term `qualified
production method' means--
``(A) electrolysis, and
``(B) any method not described in subparagraph (A).
``(e) Transfer of Credit.--
``(1) In general.--If, with respect to a credit allowed
under subsection (a) for any taxable year, the taxpayer elects
the application of this subsection for such taxable year with
respect to all (or any portion specified in such election) of
such credit, the eligible project partner specified in such
election, and not the taxpayer, shall be treated as the
taxpayer for purposes of this title with respect to such credit
(or such portion thereof).
``(2) Eligible project partner.--
``(A) In general.--For purposes of this subsection,
the term `eligible project partner' means, with respect
to any qualified hydrogen production facility, any
person who--
``(i) has an ownership interest in such
facility,
``(ii) provided equipment for or services
in the construction of such facility,
``(iii) provides electricity or feedstock
for production of hydrogen at such facility,
``(iv) purchases hydrogen, or a direct
product thereof, produced at such facility
pursuant to a contract, or
``(v) provides financing for such facility.
``(B) Financing.--For purposes of subparagraph
(A)(v), any amount paid as consideration for a transfer
described in paragraph (1) shall not be treated as
financing for a qualified hydrogen production facility.
``(C) Other rules.--Rules similar to the rules of
subparagraphs (C) through (I) of section 48D(d)(2)
shall apply for purposes of this subsection.
``(f) Determination of When Construction Begins; Continuous Program
of Construction or Continuity of Effort.--Rules similar to the rules of
section 45U(e) shall apply for purposes of this section.
``(g) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986, as amended by section 4(b),
is amended by striking ``plus'' at the end of paragraph (33), by
striking the period at the end of paragraph (34) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(35) the clean hydrogen production credit determined
under section 45V(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986, as amended by section 4(d), is amended by adding at the end the
following new item:
``Sec. 45V. Clean hydrogen production.''.
(d) Effective Date.--The amendments made by this section shall
apply to hydrogen produced in taxable years beginning after the date of
the enactment of this Act.
SEC. 6. REPORT ON ADDITIONAL ENERGY PRODUCTION TECHNOLOGY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every 5 years thereafter, the Secretary of Energy
(referred to in this section as the ``Secretary'') shall submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate which--
(1) identifies new and emerging energy production
technologies which--
(A) have less than 2 percent market penetration
level (as defined in subsection (b)(2)(B) of section
45U of the Internal Revenue Code of 1986 (as added by
section 4 of this Act)); and
(B) the Secretary recommends should be added to
subsection (d)(2)(A) of such section as an individual
energy production technology;
(2) includes legislative language to carry out the
recommendations described in paragraph (1)(B); and
(3) considers petitions and comments submitted under
subsection (b).
(b) Report Process.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register and on a publicly available internet website
of the Department of Energy a notice requesting members of the
public to submit to the Department of Energy during the 60-day
period beginning on the date of such publication petitions for
inclusion of any technology used for the production of
electricity as an individual energy production technology under
subsection (d)(2) of section 45U of the Internal Revenue Code
of 1986 (as added by section 4 of this Act).
(2) Content.--Each petition described in paragraph (1)
shall include the following information:
(A) The name and address of the petitioner.
(B) A description of the technology used for the
production of electricity.
(C) A certification as to whether such technology
satisfies the requirements under subsection (d)(1)(C)
of section 45U of the Internal Revenue Code of 1986.
(D) Such other information as the Secretary may
require.
(3) Procedures.--The Secretary shall prescribe and publish
in the Federal Register and on a publicly available internet
website of the Department of Energy procedures to be complied
with by members of the public submitting petitions for
inclusion under paragraph (1).
(c) Review.--
(1) Publication and public availability.--As soon as
practicable, the Secretary shall publish on a publicly
available internet website of the Department of Energy the
petitions for inclusions submitted under paragraph (1) of
subsection (b) that contain the information required under
paragraph (2) of such subsection.
(2) Public comment.--
(A) In general.--The Secretary shall publish in the
Federal Register and on a publicly available internet
website of the Department of Energy a notice requesting
members of the public to submit to the Department of
Energy comments on the petitions for inclusion
published by the Department of Energy under paragraph
(1).
(B) Publication.--The Secretary shall publish a
notice in the Federal Register directing members of the
public to a publicly available internet website of the
Department of Energy to view the comments of the
members of the public received under subparagraph (A).
(d) Sense of Congress.--It is the sense of Congress that, to
incentivize innovation in energy generation technologies and to promote
the reliability of and performance improvements in the United States
energy sector, Congress should, not later than 90 days after the
Secretary submits any report under subsection (a), consider a bill to
add any technology used for the production of electricity which is
included in such report to the list of individual energy production
technologies under section 45U(d)(2) of the Internal Revenue Code of
1986.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
ASSUMING FIRST SPONSORSHIP - Mr. Schweikert asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 4720, a bill originally introduced by Representative Reed, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
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