Sec. 90402. Extension and modification of energy credit
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/bill/116/hr/2/eh/section-90402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following provisions of section 48 are each amended by striking January 1, 2022 each place it appears and inserting January 1, 2027 : Subsection (a)(3)(A)(ii). Subsection (a)(3)(A)(vii). Subsection (c)(1)(D). Subsection (c)(2)(D). Subsection (c)(3)(A)(iv). Subsection (c)(4)(C). Section 48(a) is amended— by striking December 31, 2019 in paragraphs (6)(A)(i) and (7)(A)(i) and inserting December 31, 2025 , by striking December 31, 2020 in paragraphs (6)(A)(ii) and (7)(A)(ii) and inserting December 31, 2026 , by striking January 1, 2021 in paragraphs (6)(A)(i) and (7)(A)(i) and inserting January 1, 2027 , by striking January 1, 2022 each place it appears in paragraphs (6)(A), (6)(B), and (7)(A) and inserting January 1, 2028 , and by striking January 1, 2024 in paragraphs (6)(B) and (7)(B) and inserting January 1, 2030 .
Section 48(a)(2)(A)(i)(II) is amended by striking January 1, 2022 and inserting January 1, 2028 . Paragraphs (2)(A)(i)(II), (6)(A), and (6)(B) of section 48(a) are each amended by striking paragraph (3)(A)(i) and inserting clause
(i)or
(iii)of paragraph (3)(A) . The heading of section 48(a)(6) is amended by inserting after and geothermal . solar energy Section 48(a)(3)(A) is amended by striking or at the end of clause (vi), and by adding at the end the following new clauses: energy storage technology, waste energy recovery property, or qualified biogas property, . Section 48(a)(2)(A)(i) is amended by striking and at the end of subclauses
(III)and
(IV)and adding at the end the following new subclauses: energy storage technology, waste energy recovery property, and qualified biogas property, and . Section 48(a)(7) is amended— by inserting energy storage technology, waste energy recovery property, qualified biogas property, after qualified small wind property, , and by striking in the heading thereof and inserting fiber-optic solar, qualified fuel cell, and qualified small wind . certain other Section 48(c) is amended by adding at the end the following new paragraphs: The term energy storage technology means equipment (other than equipment primarily used in the transportation of goods or individuals and not for the production of electricity) which— uses batteries, compressed air, pumped hydropower, hydrogen storage (including hydrolysis and electrolysis), thermal energy storage, regenerative fuel cells, flywheels, capacitors, superconducting magnets, or other technologies identified by the Secretary, after consultation with the Secretary of Energy, to store energy for conversion to electricity and has a capacity of not less than 5 kilowatt hours, or stores thermal energy to heat or cool (or provide hot water for use in) a structure (other than for use in a swimming pool). The term energy storage technology shall not include any property the construction of which does not begin before January 1, 2028. The term waste energy recovery property means property that generates electricity solely from heat from buildings or equipment if the primary purpose of such building or equipment is not the generation of electricity. The term waste energy recovery property shall not include any property which has a capacity in excess of 50 megawatts. Any waste energy recovery property (determined without regard to this subparagraph) which is part of a system which is a combined heat and power system property shall not be treated as waste energy recovery property for purposes of this section unless the taxpayer elects to not treat such system as a combined heat and power system property for purposes of this section. The term waste energy recovery property shall not include any property the construction of which does not begin before January 1, 2028. The term qualified biogas property means property comprising a system which— converts biomass (as defined in section 45K(c)(3)) into a gas which— consists of not less than 52 percent methane, or is concentrated by such system into a gas which consists of not less than 52 percent methane, and captures such gas for productive use. The term qualified biogas property includes any property which is part of such system which cleans or conditions such gas. The term qualified biogas property shall not include any property the construction of which does not begin before January 1, 2028. . Section 45(e) is amended by adding at the end the following new paragraph: The term qualified facility shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(7)) if a credit is determined under section 48 with respect to such property for the taxable year or any prior taxable year. . Section 48(c)(1) is amended— in subparagraph (A)(i)— by inserting or electromechanical after electrochemical , and by inserting (1 kilowatts in the case of a fuel cell power plant with a linear generator assembly) after 0.5 kilowatt , and in subparagraph (C)— by inserting , or linear generator assembly, after a fuel cell stack assembly , and by inserting or electromechanical after electrochemical . Section 48(c)(1) is amended by redesignating subparagraph
(D)as subparagraph
(E)and by inserting after subparagraph
(C)the following new subparagraph: The term linear generator assembly does not include any assembly which contains rotating parts. . The amendments made by this section shall apply to periods after December 31, 2020, under rules similar to the rules of section 48(m) as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990.