,,ii  #aafth ,,congress  #b;d ,session  
,s4 #digj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #g1  
#bjbj,mr4 ,young 7for himself and ,mr4  
,whitehouse7 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 expand the renewable       
electricity production credit to include
 electricity produced from hydrogen4    
#a4 ,short title ,this ,act may be cited
 as the ,hydrogen ,utilization and      
,sustainability ,act4  #b4 ,expansion of
 renewable electricity production credit
 to include electricity produced from   
hydrogen  7a7 ,in general ,section #de  
of the ,internal ,revenue ,code of #aihf
 is amended-- 7#a7 in subsection 7c7--  
7,a7 in paragraph 7#a7-- 7i7 in         
subparagraph 7,h71 by striking and at   
the end2  7ii7 in subparagraph 7,i71 by 
striking the period at the end and      
inserting 1 and2 and  7iii7 by adding at
 the end the following new subparagraph3

  7,j7 qualified hydrogen4  2 and  7,b7 
by adding at the end the following new  
paragraph3  7#aa7 ,qualified hydrogen   
,the term qualified hydrogen means1 with
 respect to any taxable year1 hydrogen  
fuel which has been certified prior to  
such year by the ,secretary of ,energy  
7in consultation with the ,secretary7 as
 having non-positive carbon intensity1  
as determined based on a lifecycle      
analysis4  2 and  7#b7 in subsection    
7d71 by adding at the end the following 
new paragraph3  7#ab7 ,hydrogen facility
  7,a7 ,in general ,in the case of a    
facility using qualified hydrogen to    
produce electricity1 the term qualified 
facility means any facility owned by the
 taxpayer-- 7i7 for which not less than 
#gj percent of the electricity produced 
at such facility during any taxable year
 is attributable to the use of qualified
 hydrogen1 and  7ii7 7,i7 the           
construction of which begins before     
,january #a1 #bjbb1 or  7,,ii7 which--  
7aa7 was originally placed in service   

before the date of enactment of this    
paragraph and1 prior to the modification
 described in item 7bb71 did not use    
hydrogen to produce electricity1 and    
7bb7 before ,january #a1 #bjbb1 is      
modified to use qualified hydrogen to   
produce electricity4  7,b7 ,modification
 ,for purposes of subparagraph          
7,a77ii77,,ii77bb71 a facility shall be 
treated as modified before ,january #a1 
#bjbb1 if the construction of such      
modification begins before such date4   
7,c7 ,election ,if the owner of the     
facility described in subparagraph 7,a7 
makes an election under this            
subparagraph in such time and manner as 
the ,secretary may prescribe by         
regulations1 the credit under this      
section-- 7i7 shall be allowable to the 
person that leases and operates such    
facility1 and  7ii7 shall not be        
allowable to the owner of such facility4
  7,d7 ,special rules  7i7 ,exclusion of
 electricity not produced from qualified
 hydrogen ,for purposes of subsection   

7a77#b71 the total amount of kilowatt   
hours of electricity produced by the    
taxpayer at a qualified facility        
described in subparagraph 7,a7 for any  
taxable year shall be equal to the      
product of-- 7,i7 the total amount of   
kilowatt hours of electricity produced  
by the taxpayer at such facility for    
such taxable year1 multiplied by  7,,ii7
 an amount equal to the quotient of--   
7aa7 the amount of qualified hydrogen   
used at such facility to produce such   
electricity 7as determined on the basis 
of ,btu content71 divided by  7bb7 the  
total amount of fuel used at such       
facility to produce such electricity 7as
 determined on the basis of ,btu        
content74  7ii7 ,adjustment for negative
 carbon intensity  7,i7 ,in general ,for
 purposes of subsection 7a77#b71 the    
total amount of kilowatt hours of       
electricity produced by the taxpayer at 
a qualified facility described in       
subparagraph 7,a7 for any taxable year  
7as determined after application of     

clause 7i77 shall be increased by an    
amount equal to the applicable          
percentage of such total amount4  7,,ii7
 ,applicable percentage ,for purposes of
 subclause 7,i71 the applicable         
percentage for a qualified facility for 
any taxable year is the amount          
7expressed as a percentage7 equal to the
 product of-- 7aa7 #a percentage point1 
multiplied by  7bb7 an amount equal to  
the quotient of-- 7,,aa7 the total      
amount of carbon dioxide 7expressed in  
metric tons7 which is removed from the  
atmosphere during such taxable year     
through the use of qualified hydrogen   
7as determined pursuant to a            
certification of negative carbon        
intensity for such hydrogen under       
subsection 7c77#aa77 at such qualified  
facility1 divided by 7,,bb7 #a1jjj4  4  
7b7 ,effective date ,the amendments made
 by this section shall take effect on   
the date of enactment of this ,act4