Library / Laws / 113th / s / S. 1007 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1007
IN THE SENATE OF THE UNITED STATES
May 22, 2013
Mr. King (for himself
and Ms. Collins) introduced the following
bill; which was read twice and referred to the
Committee on
Finance
A BILL
To amend the Internal Revenue Code of 1986 to include
biomass heating appliances for tax credits available for energy-efficient
building property and energy property.
1.
Short title
This Act may be cited as the
Biomass Thermal Utilization Act of
2013 or the BTU
Act of 2013.
2.
Residential
energy-efficient property credit for biomass fuel property
expenditures
(a)
Allowance of
credit
Subsection (a) of section 25D of the Internal Revenue Code
of 1986 is amended—
(1) by striking
and at the end of paragraph (4),
(2) by striking the
period at the end of paragraph (5) and inserting , and,
and
(3) by adding at the
end the following new paragraph:
(6) 30 percent of the
qualified biomass fuel property expenditures made by the taxpayer during such
year.
.
(b)
Qualified
biomass fuel property expenditures
Subsection (d) of section 25D
of the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
(6)
Qualified
biomass fuel property expenditure
(A)
In
general
The term qualified biomass fuel property
expenditure means an expenditure for property—
(i) which uses the
burning of biomass fuel to heat a dwelling unit located in the United States
and used as a residence by the taxpayer, or to heat water for use in such a
dwelling unit, and
(ii) which has a
thermal efficiency rating of at least 75 percent (measured by the higher
heating value of the fuel).
(B)
Biomass
fuel
For purposes of this section, the term biomass
fuel means any plant-derived fuel available on a renewable or recurring
basis, including agricultural crops and trees, wood and wood waste and
residues, plants (including aquatic plants), grasses, residues, and fibers.
Such term includes densified biomass fuels such as wood
pellets.
.
(c)
Effective
date
The amendments made by this section shall apply to
expenditures paid or incurred in taxable years beginning after December 31,
2013.
3.
Investment tax credit
for biomass heating property
(a)
In
general
Subparagraph (A) of
section 48(a)(3) is amended by striking or at the end of clause
(vi), by inserting or at the end of clause (vii), and by
inserting after clause (vii) the following new clause:
(viii) open-loop biomass (within the meaning of
section 45(c)(3)) heating property, including boilers or furnaces which operate
at thermal output efficiencies of not less than 65 percent (measured by the
higher heating value of the fuel) and which provide thermal energy in the form
of heat, hot water, or steam for space heating, air conditioning, domestic hot
water, or industrial process heat, but only with respect to periods ending
before January 1,
2017,
.
(b)
30 percent and
15 percent credits
(1)
In
general
Subparagraph (A) of section 48(a)(2) is amended—
(A) by redesignating
clause (ii) as clause (iii),
(B) by inserting
after clause (i) the following new clause:
(ii) except as
provided in clause (i)(V), 15 percent in the case of energy property described
in paragraph (3)(A)(viii), and
,
and
(C) by inserting
or (ii) after clause (i) in clause (iii), as so
redesignated.
(2)
Increased
credit for greater efficiency
Clause (i) of section 48(a)(2)(A) is
amended by striking and at the end of subclause (III) and by
inserting after subclause (IV) the following new subclause:
(V) energy property described in paragraph
(3)(A)(viii) which operates at a thermal output efficiency of not less than 80
percent (measured by the higher heating value of the
fuel),
.
(c)
Effective
date
The amendments made by
this section shall apply to periods after the date of the enactment of this
Act, in taxable years ending after such date, 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).