[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6212 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6212
To amend the Internal Revenue Code of 1986 to make qualified biogas
property eligible for the energy credit and to permit new clean
renewable energy bonds to finance qualified biogas property.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2012
Mr. Kind (for himself and Mr. Lewis of Georgia) 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 make qualified biogas
property eligible for the energy credit and to permit new clean
renewable energy bonds to finance qualified biogas property.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biogas Investment Tax Credit Act of
2012''.
SEC. 2. INCENTIVES FOR QUALIFIED BIOGAS PROPERTY.
(a) Incentives for Qualified Biogas Property Made Eligible for the
Energy Credit.--
(1) In general.--Subparagraph (A) of section 48(a)(3) 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:
``(viii) qualified biogas property,''.
(2) Qualified biogas property.--Subsection (c) of section
48 of such Code is amended by adding at the end the following
new paragraph:
``(5) Qualified biogas property.--
``(A) In general.--The term `qualified biogas
property' means property comprising a system which--
``(i) uses anaerobic digesters or other
biological, chemical, thermal, or mechanical
processes (alone or in combination) to convert
biomass (as defined in section 45K(c)(3)) into
a gas which consists of not less than 52
percent methane, and
``(ii) captures such gas for use as a fuel.
``(B) Inclusion of certain cleaning and
conditioning equipment.--Such term shall include any
property which cleans and conditions the gas referred
to in subparagraph (A) for use as a fuel.
``(C) Termination.--No credit shall be determined
under this section with respect to any qualified biogas
property for any period after December 31, 2018.''.
(3) Qualified biogas property made eligible for 30 percent
credit.--Clause (i) of section 48(a)(2)(A) of such Code is
amended by striking ``and'' at the end of subclause (III) and
by adding at the end the following new subclause:
``(V) qualified biogas property,
and''.
(4) Denial of double benefit.--Subsection (e) of section 45
of such Code is amended by adding at the end the following new
paragraph:
``(12) Coordination with energy credit for qualified biogas
property.--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)(5)) if a
credit is determined under section 48 with respect to such
property for the taxable year or any prior taxable year.''.
(5) Effective date.--The amendments made by this subsection
shall apply to periods after December 31, 2012, 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).
(b) Qualified Biogas Property Made Eligible for Financing With New
Clean Renewable Energy Bonds.--
(1) In general.--Paragraph (1) of section 54C(d) of the
Internal Revenue Code of 1986 is amended by inserting ``, or a
qualified biogas property (as defined in section 48(c)(5)),''
before ``owned by''.
(2) Effective date.--The amendment made by this subsection
shall apply to obligations issued after the date of the
enactment of this Act.
(c) Study of Biogas.--The Secretary of the Treasury shall enter
into an agreement with the National Renewable Energy Laboratory to
undertake a study of biogas. Such agreement shall provide for a written
report to be submitted to Congress not later than 2 years after the
date of the enactment of this Act. Such report shall address the
following issues:
(1) The quality of biogas, including a comparison of biogas
to natural gas and the identification of any components of
biogas which make it unsuitable for injection into existing
natural gas pipelines.
(2) Methods for obtaining the highest energy content in
biogas, including the use of co-digestion and identifying the
optimal feed mixture.
(3) Recommendations for the expansion of biogas production,
including an analysis of the extent to which increasing the
methane content of biogas would result in its greater use and
an analysis of how the expanded use of biogas could help meet
the growing energy needs of the United States.
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