IN THE SENATE OF THE UNITED STATES
March 18, 2010
Mr. Udall of Colorado (for himself, Mr. Bennet, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Finance
To amend the Internal Revenue Code of 1986 to provide that solar electric property need not be located on the property with respect to which it is generating electricity in order to qualify for the residential energy efficient property credit.
This Act may be cited as the
Solar Uniting Neighborhoods (SUN) Act
Clarification with respect to location of solar electric property
Section 25D(d)(2) of the Internal Revenue Code of 1986 is amended—
The term and
inserting the following:
by adding at the end the following new subparagraph:
Such term shall include an expenditure for qualified property described in the subparagraph (A) notwithstanding—
whether such qualified property is located on the same site as the dwelling unit for which the electricity generated from such property is used, and
whether the electricity generated by the qualified property enters the electrical grid, so long as such electricity enters the grid at any point located on the same local electrical grid to which such dwelling unit is connected.
For purposes of this subparagraph, the term qualified property means property—
which is not used in a trade or business or an activity engaged in for profit, and
the electricity generated from which does not result in annual income to the taxpayer in excess of amounts that would otherwise be charged to such taxpayer for electricity used at the taxpayer's residence during the year.
The Secretary may provide for the recapture of the credit under this subsection with respect to any property described in this subparagraph which ceases to be qualified property.
The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.