I
114th CONGRESS
1st Session
H. R. 2657
IN THE HOUSE OF REPRESENTATIVES
June 4, 2015
Mr. Reed (for himself, Mr. Blumenauer, Mr. Gibson, Mr. Kind, Mr. Heck of Nevada, Mr. Welch, Mr. Collins of New York, Mr. Ryan of Ohio, Mr. Amodei, and Ms. Titus) 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 modify the energy credit to provide greater incentives for industrial energy efficiency.
Short title
This Act may be cited as the Power Efficiency and Resiliency Act
or as the POWER Act
.
Modifications in credit for combined heat and power system property
Increased energy percentage
Section 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking and
at the end of subclause (III), by redesignating subclause (IV) as subclause (V), and by inserting after subclause (III) the following new subclause:
energy property described in paragraph (3)(A)(v), and
.
Modification of certain capacity limitations
Section 48(c)(3)(B) of such Code is amended—
by striking 15 megawatts
in clause (ii) and inserting 25 megawatts
,
by striking 20,000 horsepower
in clause (ii) and inserting 34,000 horsepower
, and
by striking clause (iii).
Extension of credit for combined heat and power system property
Section 48(c)(3)(A)(iv) of such Code is amended by striking January 1, 2017
and inserting January 1, 2019
.
Effective date
In general
Except as provided in paragraph (2), the amendments made by this section shall apply to periods 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).
Extension of credit
The amendments made by subsection (c) shall apply to property placed in service after December 31, 2016.
Energy credit for waste heat to power property
In general
Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking or
at the end of clause (vi), by inserting or
at the end of clause (vii), and by adding at the end the following new clause:
waste heat to power property,
.
Waste heat to power property
Section 48(c) of such Code is amended by adding at the end the following new paragraph:
Waste heat to power property
Waste heat to power property
The term waste heat to power property
means property comprising a system which generates electricity through the recovery of a qualified waste heat resource.
Qualified waste heat resource defined
The term qualified waste heat resource
means—
exhaust heat or flared gas from any industrial process,
waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented,
a pressure drop in any gas for an industrial or commercial process, or
such other forms of waste heat resources as the Secretary may determine.
Exception
The term qualified waste heat resource
does not include any heat resource from a process whose primary purpose is the generation of electricity utilizing a fossil fuel or nuclear energy.
Termination
The term waste heat to power property
shall not include any property placed in service after December 31, 2018.
.
Increased energy percentage
Section 48(a)(2)(A)(i) of such Code, as amended by section 2, is amended by striking and
at the end of subclause (IV) and by inserting after subclause (V) the following new subclause:
energy property described in paragraph (3)(A)(viii), and
.
Effective date
The amendments made by this section shall apply to periods 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).
