,,ii  #aadth ,,congress  #b;d ,session  
,s4 #cbfd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ad1     
#bjaf ,mr4 ,menendez 7for himself1 ,ms4 
,stabenow1 ,mr4 ,cardin1 ,ms4 ,collins1 
,mr4 ,king1 ,ms4 ,ayotte1 ,ms4          
,klobuchar1 and ,mrs4 ,feinstein7       
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,finance  ,a ,,bill  ,to  
amend the ,internal ,revenue ,code of   
#aihf to modify the credit for          
production of electricity from renewable
 resources to allow a credit for certain
 open-loop biomass and trash facilities 
placed in service before the date of the
 enactment of this ,act and to modify   
the definition of municipal solid waste4
  #a4 ,special rule for certain         
facilities generating electricity from  
biomass and municipal solid waste  7a7  
,in general ,section #de7;e7 of the     
,internal ,revenue ,code of #aihf is    
amended by adding at the end the        
following new paragraph3  7#ab7 ,special

 rule for certain qualified facilities  
7,a7 ,in general ,in the case of        
electricity produced at a qualified     
facility described in paragraph 7#c7 or 
7#g7 of subsection 7d7 and placed in    
service before the date of the enactment
 of this paragraph1 a taxpayer may elect
 to apply subsection 7a77#b77;,a77ii7 by
 substituting the period beginning after
 ,december #ca1 #bjaf1 and ending before
 ,january #a1 #bjah for the #aj-year    
period beginning on the date the        
facility was originally placed in       
service4  7,b7 ,limitation ,no credit   
shall be allowed under subsection 7a7 to
 any taxpayer making an election under  
this paragraph with respect to          
electricity produced and sold at a      
facility during any period which1 when  
aggregated with all other periods for   
which a credit is allowed under this    
section with respect to electricity     
produced and sold at such facility1 is  
in excess of #aj years4  4  7b7         
,effective date ,the amendment made by  

this section shall take effect on       
,january #a1 #bjag4  #b4 ,modification  
to definition of municipal solid waste  
7a7 ,in general ,paragraph 7#f7 of      
section #de7;c7 of the ,internal        
,revenue ,code of #aihf is amended to   
read as follows3  7#f7 ,municipal solid 
waste  7,a7 ,in general ,the term       
municipal solid waste has the meaning   
given the term solid waste under section
 #b7bg7 of the ,solid ,waste ,disposal  
,act 7#db ,u4,s4,c4 #fijc71 except that 
such term does not include--  7i7 paper 
which is commonly recycled and which has
 been segregated from other solid waste 
7as so defined71 or  7ii7 solid waste   
7as so defined7 which is collected as   
part of a system which commingles       
commonly recycled paper with other solid
 waste which is not commonly recycled at
 any point from the time of collection  
through any materials recovery4  7,b7   
,special rule with respect to incidental
 and residual waste ,subparagraph       
7,a77ii7 shall not apply to-- 7i7 solid 

waste 7as so defined7 which only        
contains an incidental amount of        
commonly recycled paper1 and  7ii7 solid
 waste 7as so defined7 which is residual
 waste generated at a materials recovery
 facility that receives and processes   
only paper and other recyclable         
materials containing no more than an    
incidental amount of non-recyclable     
solid waste4  7,c7 ,no effect on        
existing processes ,nothing in          
subparagraph 7,a7 shall be interpreted  
to require a ,state or a political      
subdivision of a ,state1 directly or    
indirectly1 to change the systems1      
processes1 or equipment it uses to      
collect1 treat1 dispose1 or otherwise   
use municipal solid waste1 within the   
meaning of the ,solid ,waste ,disposal  
,act 7#db ,u4,s4,c4 #fijc et seq471 nor 
require a change to the regulations that
 implement subtitle ,d of such ,act 7#db
 ,u4,s4,c4 #fija et seq474  4  7b7      
,rules with respect to electricity      
produced from solid waste ,subsection   

7e7 of section #de of the ,internal     
,revenue ,code of #aihf1 as amended by  
this ,act1 is amended by adding at the  
end the following new paragraph3  7#ac7 
,source of municipal solid waste        
feedstock ,in the case of a qualified   
facility that produces electricity both 
from municipal solid waste and other    
solid waste that is not a qualified     
energy resource--  7,a7 such facility   
shall be considered a qualified facility
 if it otherwise meets the requirements 
of subsection 7d71 and  7,b7 subsection 
7a7 shall only apply to that portion of 
the electricity produced from municipal 
solid waste4  4  7c7 ,effective date    
,the amendments made by this section    
shall apply to taxable years beginning  
after the date of the enactment of this 
,act4