ax Title of

Senate Amendment to HR 6, Energy Policy Act of 2005, by Sen. Cantwell, Approved by the Senate Energy and Natural Resources Committee on May 25, 2005

May 26, 2005

109th Congress  

Purpose: To provide for increased production and use of renewable fuel.

IN THE SENATE OF THE UNITED STATES --109th Cong., 1st Sess.

S._____

To enhance the energy security of the United States , and for other purposes.

Referred to the Committee on ______________________________and ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENTS intended to be proposed by MS. CANTWELL to the amendment (END05489.LC) proposed by Mr. TALENT to Title II --Renewable Energy ( FLO 05767.LC)

Viz:

On page 5, strike lines 3 through 19 and insert the following:

(A) CALENDAR YEARS 2013 AND THERE-AFTER. --


(i) IN GENERAL. --Subject to clause (ii), for the purpose of paragraph (1), the applicable volume for calendar year 2013 and each calendar year thereafter shall be determined by the Secretary, in coordination with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, based on a review of the implementation of the program during calendar years 2006 through 2012, including a review of --


(I) the impact of the use of renewable fuels on the environment, air quality, energy security, job creation, and rural economic development; and

(II) the expected annual rate of future production of renewable fuels, including cellulosic ethanol.

(ii) MINIMUM QUANTITY DERIVED FROM CELLULOSIC BIOMASS. --For calendar year 2013 and each calendar year thereafter --


(I) the applicable volume referred to in clause (i) shall contain a minimum of 250,000,000 gallons that are derived from cellulosic biomass; and

(II) the 2.5-to-1 ratio referred to in subsection (e) shall not apply.

On page 8, line 25, strike "1.5" and insert "2.5".

Senate Amendment to HR 6, Energy Policy Act of 2005, by Sen. Talent, Approved by the Senate Energy and Natural Resources Committee on May 25, 2005

May 26, 2005

109th Congress                                                                                    

                                                                    Calendar No.    

AMENDMENT NO. _____                                                 _____           

Purpose: To provide for increased production and use of renewable fuel.

IN THE SENATE OF THE UNITED STATES --109th Cong., 1st Sess.

S. _____

To enhance the energy security of the United States , and for other purposes.

Referred to the Committee on _________________________and ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT intended to be proposed by Mr. TALENT (for himself, Mr. JOHNSON, Mr. DORGAN, and Mr. SALAZAR) to Title II --Renewable Energy ( FLO 05767.LC)

Viz:

On page 8, between lines 18 and 19, insert the following:



SEC . 204. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL .

(a) DEFINITIONS. --In this section:

(1) CELLULOSIC BIOMASS ETHANOL. --The term "cellulosic biomass ethanol" means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including --


(A) dedicated energy crops and trees;

(B) wood and wood residues;

(C) plants;

(D) grasses;

(E) agricultural residues; and

(F) fibers.

(2) RENEWABLE FUEL . --


(A) IN GENERAL. --The term "renewable fuel" means motor vehicle fuel that --


(i)
(I) is produced from grain, starch, oilseeds, sugar cane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or

(II) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and

(ii) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle.

(B) INCLUSIONS. --The term "renewable fuel" includes --


(i) cellulosic biomass ethanol;

(ii) waste derived ethanol;

(iii) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)); and

(iv) any blending components derived from renewable fuel, except that only the renewable fuel portion of the blending component shall be considered part of the applicable volume under the renewable fuel program established by this section.

(3) SMALL REFINERY. --The term "small refinery" means a refinery for which average aggregate daily crude oil throughput for the calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.

(4) WASTE DERIVED ETHANOL. --The term "waste derived ethanol" means ethanol derived from --


(A) animal wastes, including poultry fats and poultry wastes, and other waste materials; or

(B) municipal solid waste.

(b) RENEWABLE FUEL PROGRAM. --

(1) IN GENERAL. --


(A) REGULATIONS. --Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations ensuring that motor vehicle fuel sold or dispensed to consumers in the contiguous United States, on an annual average basis, contains the applicable volume of renewable fuel specified in paragraph (2).

(B) COMPLIANCE. --Regardless of the date of issuance, the regulations shall contain compliance provisions for refiners, blenders, and importers, as appropriate, to ensure that the requirements of this section are met, but shall not restrict where renewable fuel can be used, or impose any per-gallon obligation for the use of renewable fuel.

(C) NO REGULATIONS. --If the Secretary does not issue the regulations, the applicable percentage referred to in paragraph (3), on a volume percentage of gasoline basis, shall be 3.2 in 2006.

(2) APPLICABLE VOLUME. --


(A) CALENDAR YEARS 2006 THROUGH 2012. --For the purpose of paragraph (1), the applicable volume for any of calendar years 2006 through 2012 shall be determined in accordance with the following table:

"Applicable volume of renewable fuel

                                                                  (In billions of  

Calendar year:                                                        gallons)      

    2006  .....................................................                  4.0

    2007  .....................................................                  4.7

    2008  .....................................................                  5.4

    2009  .....................................................                  6.1

    2010  .....................................................                  6.8

    2011  .....................................................                  7.4

    2012  .....................................................                  8.0

(B) CALENDAR YEARS 2013 AND THEREAFTER. --For the purpose of paragraph (1), the applicable volume for calendar year 2013 and each calendar year thereafter shall be determined by the Secretary, in coordination with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, based on a review of the implementation of the program during calendar years 2006 through 2012, including a review of --


(i) the impact of the use of renewable fuels on the environment, air quality, energy security, job creation, and rural economic development; and

(ii) the expected annual rate of future production of renewable fuels, including cellulosic ethanol.

(C) LIMITATION. --An increase in the applicable volume for a calendar year under subparagraph (B) shall be not less than the product obtained by multiplying --


(i) the number of gallons of gasoline that the Secretary estimates will be sold or introduced into commerce during the calendar year; and

(ii) the quotient obtained by dividing --


(I) 8,000,000,000; by

(II) the number of gallons of gasoline sold or introduced into commerce during calendar year 2012.

(c) NONCONTIGUOUS STATE OPT -IN. --

(1) IN GENERAL. --On the petition of a non-contiguous State, the Secretary may allow the renewable fuel program established under this subtitle to apply in the noncontiguous State at the same time or any time after the Secretary issues regulations under subsection (b).

(2) OTHER ACTIONS. --The Secretary may --


(A) issue or revise regulations under subsection (b);

(B) establish applicable percentages under subsection (d);

(C) provide for the generation of credits under subsection (f); and

(D) take such other actions as are necessary to allow for the application of the renewable fuels program in a noncontiguous State.

(d) APPLICABLE PERCENTAGES. --

(1) PROVISION OF ESTIMATE OF VOLUMES OF GASOLINE SALES. --Not later than October 31 of each of calendar years 2006 through 2011, the Administrator of the Energy Information Administration shall provide to the Secretary an estimate of the volumes of gasoline that will be sold or introduced into commerce in the United States during the following calendar year.

(2) DETERMINATION OF APPLICABLE PERCENTAGES. --


(A) IN GENERAL. --Not later than November 30 of each of calendar years 2006 through 2011, based on the estimate provided under paragraph (1), the Secretary shall determine and publish in the Federal Register, with respect to the following calendar year, the renewable fuel obligation that ensures that the requirements under subsection (b) are met.

(B) REQUIRED ELEMENTS. --The renewable fuel obligation determined for a calendar year under subparagraph (A) shall --


(i) be applicable to refiners, blenders, and importers, as appropriate;

(ii) be expressed in terms of a volume percentage of gasoline sold or introduced into commerce; and

(iii) subject to paragraph (3)(A), consist of a single applicable percentage that applies to all categories of persons specified in clause (i).

(3) ADJUSTMENTS. --In determining the applicable percentage for a calendar year, the Secretary shall make adjustments --


(A) to prevent the imposition of redundant obligations to any person specified in paragraph (2)(B)(i); and

(B) to account for the use of renewable fuel during the previous calendar year by small refineries that are exempt under subsection (i).

(e) EQUIVALENCY. --For the purpose of subsection (b), 1 gallon of either cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 1.5 gallons of renewable fuel.

(f) CREDIT PROGRAM. --

(1) REGULATIONS. --The regulations issued to carry out this section shall provide for --


(A) the generation of an appropriate amount of credits by any person that refines, blends, or imports gasoline that contains a quantity of renewable fuel that is greater than the quantity required under subsection (b);

(B) the generation of an appropriate amount of credits for biodiesel fuel; and

(C) if a small refinery notifies the Secretary that the small refinery waives the exemption provided by this section, the generation of credits by the small refinery beginning in the year following the notification.

(2) USE OF CREDITS. --A person that generates credits under paragraph (1) may use the credits, or transfer all or a portion of the credits to another person, for the purpose of complying with subsection (b).

(3) LIFE OF CREDITS. --A credit generated under this paragraph shall be valid to demonstrate compliance for the calendar year in which the credit was generated.

(4) INABILITY TO PURCHASE SUFFICIENT CREDITS. --The regulations issued to carry out this section shall include provisions permitting any person that is unable to generate or purchase sufficient credits to meet the requirement under subsection (b) to carry forward a renewable fuels deficit if, for the calendar year following the year in which the renewable fuels deficit is created --


(A) the person achieves compliance with the renewable fuels requirement under subsection (b); and

(B) generates or purchases additional renewable fuels credits to offset the renewable fuels deficit of the preceding year.

(g) SEASONAL VARIATIONS IN RENEWABLE FUEL USE. --

(1) STUDY. --For each of calendar years 2006 through 2012, the Administrator of the Energy Information Administration shall conduct a study of renewable fuels blending to determine whether there are excessive seasonal variations in the use of renewable fuels.

(2) REGULATION OF EXCESSIVE SEASONAL VARIATIONS. --If, for any calendar year, the Administrator of the Energy Information Administration, based on the study under subparagraph (A), makes the determinations specified in paragraph (3), the Secretary shall issue regulations to ensure that 35 percent or more of the quantity of renewable fuels necessary to meet the requirements under subsection (b) is used during each of the periods specified in paragraph (4) of each subsequent calendar year.

(3) DETERMINATIONS. --The determinations referred to in paragraph (2) are that --


(A) less than 35 percent of the quantity of renewable fuels necessary to meet the requirements under subsection (b) has been used during 1 of the periods specified in paragraph (4) of the calendar year;

(B) a pattern of excessive seasonal variation described in subparagraph (A) will continue in subsequent calendar years; and

(C) issuing regulations or other requirements to impose a 35 percent or more seasonal use of renewable fuels will not --


(i) prevent or interfere with the attainment of national ambient air quality standards; or

(ii) significantly increase the price of motor fuels to the consumer.

(4) PERIODS. --The 2 periods referred to in this paragraph are --


(A) April through September; and

(B) January through March and October through December.

(5) EXCLUSIONS. --For any State that has received a waiver under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)), if the Administrator determines that the issuance of regulations under paragraph (2) would prevent or interfere with the attainment or maintenance of national ambient air quality standards, the Administrator shall issue regulations that --


(A) require the use of renewable fuels during either of the 2 periods described in paragraph (4); and

(B) include a maximum percentage of renewable fuels allowable without preventing or interfering with the attainment or maintenance of national ambient air quality standards.

(h) WAIVERS. --

(1) IN GENERAL. --The Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, may waive the requirements under subsection (b), in whole or in part, on a petition by 1 or more States by reducing the national quantity of renewable fuel required under this section --


(A) based on a determination by the Secretary, after public notice and opportunity for comment, that implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or

(B) based on a determination by the Secretary, after public notice and opportunity for comment, that there is an inadequate domestic supply to meet the requirement.

(2) PETITIONS FOR WAIVERS. --Not later than 90 days after the date on which a petition is received by the Secretary under paragraph (1), the Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall approve or dis-approve the petition.

(3) TERMINATION OF WAIVERS. --A waiver granted under paragraph (1) shall terminate on the date that is 1 year after the date on which the waiver was granted, but may be renewed by the Secretary, after consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency.

(i) SMALL REFINERIES. --

(1) IN GENERAL. --Subsection (b) shall not apply to small refineries until the first calendar year beginning more than 5 years after the first year set forth in the table in subsection (b)(2)(A).

(2) STUDY. --Not later than December 31, 2008, the Secretary shall complete a study to determine whether the requirements under subsection (b) would impose a disproportionate economic hardship on small refineries.

(3) SMALL REFINERIES AND ECONOMIC HARDSHIP. --For any small refinery that the Secretary determines would experience a disproportionate economic hardship, the Secretary shall extend the small refinery exemption for the small refinery for not less than 2 additional years.

(4) ECONOMIC HARDSHIP. --


(A) EXTENSION OF EXEMPTION. --A small refinery may at any time petition the Secretary for an extension of the exemption from the requirements under subsection (b) for the reason of disproportionate economic hardship.

(B) EVALUATION. --In evaluating a hardship petition, the Secretary, in consultation with the Administrator and Secretary of Agriculture, shall consider the findings of the study in addition to other economic factors.

(C) DEADLINE FOR ACTION ON PETITIONS. --The Secretary shall act on any petition submitted by a small refinery for a hardship exemption not later than 90 days after the receipt of the petition.

(5) CREDIT PROGRAM. --Subsection (f)(1)(C) shall apply to each small refinery that waives an exemption under this paragraph.

(6) OPT -IN FOR SMALL REFINERS. --A small refinery shall be subject to subsection (b) if the small refinery notifies the Secretary that the small refinery waives the exemption under paragraph (3).

(j) CELLULOSIC BIOMASS AND CANE SUGAR LOAN GUARANTEE PROGRAM. --

(1) IN GENERAL. --Subject to the availability of appropriations, funds shall be made available, and remain available until expended, to pay the cost (as defined in the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of loan guarantees issued under section 19 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5919) to carry out commercial demonstration projects for cellulosic biomass and sucrose-derived ethanol.

(2) DEMONSTRATION PROJECTS. --


(A) IN GENERAL. --The Secretary shall issue loan guarantees under this section to carry out projects to commercially demonstrate the feasibility and viability of converting cellulosic biomass derived from agricultural residue such as corn stover or straw or cane sugar and related products into ethanol.

(B) DESIGN CAPACITY. --Each project shall have a design capacity to produce at least 15,000,000 gallons of cellulose ethanol each year.

(3) APPLICANT ASSURANCES. --An applicant for a loan guarantee under this section shall provide assurances, satisfactory to the Secretary, that --


(A) the project design has been validated through the operation of a continuous process facility with a cumulative output of at least 50,000 gallons of ethanol;

(B) the project has been subject to a full technical review;

(C) the project is covered by adequate project performance guarantees;

(D) the project, with the loan guarantee, is economically viable; and

(E) there is a reasonable assurance of repayment of the guaranteed loan.

(4) LIMITATIONS. --


(A) MAXIMUM GUARANTEE. --Except as provided in subparagraph (B), notwithstanding section 19(c)(2)(A) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5919(c)(2)(A)), a loan guarantee under this section may be issued for up to 80 percent of the estimated cost of a project, but may not exceed $250,000,000 for a project.

(B) ADDITIONAL GUARANTEES. --


(i) IN GENERAL. --The Secretary may issue additional loan guarantees for a project to cover up to 80 percent of the excess of actual project cost over estimated project cost but not to exceed 15 percent of the amount of the original guarantee.

(ii) PRINCIPAL AND INTEREST. --Subject ject to subparagraph (A), the Secretary shall guarantee 100 percent of the principal and interest of a loan made under subparagraph (A).

(5) EQUITY CONTRIBUTIONS. --To be eligible for a loan guarantee under this section, an applicant for the loan guarantee shall have binding commitments from equity investors to provide an initial equity contribution of at least 20 percent of the total project cost.

(6) EFFECT OF OTHER LAWS . --The following provisions are inapplicable to a loan guarantee made under this section:


(A) Subsections (m) and (p) of section 19 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5919).

(B) The first, third, and fourth sentences of section 19(g)(4) of that Act.

(7) APPLICATION. --An application for a loan guarantee under this section shall be approved or disapproved by the Secretary not later than 90 days after the application is received by the Secretary.



SEC . 205. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL PURCHASING REQUIREMENT.

Title III of the Energy Policy Act of 1992 is amended by striking section 306 (42 U.S.C. 13215) and inserting the following:



" SEC . 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL PURCHASING REQUIREMENT.

"(a) ETHANOL-BLENDED GASOLINE. --The head of each Federal agency shall ensure that, in areas in which ethanol-blended gasoline is reasonably available at a generally competitive price, the Federal agency purchases ethanol-blended gasoline containing at least 10 percent ethanol rather than nonethanol-blended gasoline, for use in vehicles used by the agency that use gasoline.

"(b) BIODIESEL. --

"(1) DEFINITION OF BIODIESEL. --In this subsection, the term 'biodiesel' has the meaning given the term in section 312(f).

"(2) REQUIREMENT. --The head of each Federal agency shall ensure that the Federal agency purchases, for use in fueling fleet vehicles that use diesel fuel used by the Federal agency at the location at which fleet vehicles of the Federal agency are centrally fueled, in areas in which the biodiesel-blended diesel fuel described in subparagraphs (A) and (B) is available at a generally competitive price --

"(A) as of the date that is 5 years after the date of enactment of this paragraph, biodiesel-blended diesel fuel that contains at least 2 percent biodiesel, rather than nonbiodiesel-blended diesel fuel; and

"(B) as of the date that is 10 years after the date of enactment of this paragraph, biodiesel-blended diesel fuel that contains at least 20 percent biodiesel, rather than nonbiodiesel-blended diesel fuel.

"(3) REQUIREMENT OF FEDERAL LAW. --The provisions of this subsection shall not be considered a requirement of Federal law for the purposes of section 312.

"(c) EXEMPTION. --This section does not apply to fuel used in vehicles excluded from the definition of 'fleet' by subparagraphs (A) through (H) of section 301(9).".



SEC . 206. DATA COLLECTION.

Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding at the end the following:

"(m)(1) In order to improve the ability to evaluate the effectiveness of the renewable fuels mandate of the United States, the Administrator shall conduct and publish the results of a survey of renewable fuels demand in the motor vehicle fuels market in the United States monthly, and in a manner designed to protect the confidentiality of individual responses.

"(2) In conducting the survey, the Administrator shall collect information both on a national and regional basis, including --

"(A) information on --

"(i) the quantity of renewable fuels produced;

"(ii) the quantity of renewable fuels blended;

"(iii) the quantity of renewable fuels imported; and

"(iv) the quantity of renewable fuels demanded; and

"(B) market price data.".

SEC . 207. SUGAR CANE ETHANOL PROGRAM.

(a) DEFINITION OF PROGRAM. --In this section, the term "program" means the Sugar Cane Ethanol Program established by subsection (b).

(b) ESTABLISHMENT. --There is established within the Department a program to be known as the "Sugar Cane Ethanol Program".

(c) PROJECT. --

(1) IN GENERAL. --Subject to the availability of appropriations under subsection (d), in carrying out the program, the Secretary shall establish a project that is --


(A) carried out in multiple States --


(i) in each of which is produced cane sugar that is eligible for loans under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272), or a similar subsequent authority; and

(ii) at the option of each such State, that have an incentive program that requires the use of ethanol in the State; and

(B) designed to study the production of ethanol from cane sugar, sugarcane, and sugarcane byproducts.

(2) REQUIREMENTS. --A project described in paragraph (1) shall --


(A) be limited to the production of ethanol in the States of Florida, Louisiana, Texas, and Hawaii in a way similar to the existing program for the processing of corn for ethanol to demonstrate that the process may be applicable to cane sugar, sugarcane, and sugarcane byproducts;

(B) include information on the ways in which the scale of production may be replicated once the sugar cane industry has located sites for, and constructed, ethanol production facilities; and

(C) not last more than 3 years.

(d) AUTHORIZATION OF APPROPRIATIONS. --There is authorized to be appropriated to carry out this section $36,000,000, to remain available until expended.



SEC . 208. MODIFICATION OF COMMODITY CREDIT CORPORATION BIOENERGY PROGRAM.

Section 9010(a)(3)(A) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(a)(3)(A)) is amended by inserting "potatoes, sugarcane, sugar beets, products of sugarcane or sugar beets," after "sesame seed,".

Senate Amendment to HR 6, Energy Policy Act of 2005, by Sen. Feinstein, Approved by the Senate Energy and Natural Resources Committee on May 25, 2005

May 26, 2005

109th Congress                                                                                    

                                                                    Calendar No.    

AMENDMENT NO. _____                                                 _____           

Purpose: To exempt certain States from the seasonality requirement relating to ethanol use.

IN THE SENATE OF THE UNITED STATES --109th Cong., 1st Sess.

S. _____

To enhance the energy security of the United States , and for other purposes.

Referred to the Committee on _______________________________and ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT intended to be proposed by Mrs. FEINSTEIN to the amendment (No. _____) proposed by _________________

Viz:

At the end of the amendment, add the following:

(____) STATE EXEMPTION FROM SEASONALITY REQUIREMENTS. --Notwithstanding any other provision of law, the seasonality requirement relating to ethanol use established by the amendment made by this section shall not apply to any State that receives a waiver under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)).

House Ways and Means Committee Release: Committee Passes Energy Tax Incentives

April 14, 2005

109th Congress

Committee on Ways and Means

For Immediate Release



Contact: Press Office



April 13, 2005

Committee Passes Energy Tax Incentives

WASHINGTON - Today, the Ways and Means Committee approved H.R.1541, the Enhanced Energy Infrastructure and Technology Tax Act of 2005 by a bipartisan vote of 26 - 11.

The Enhanced Energy Infrastructure and Technology Tax Act of 2005 addresses the United States ' energy needs by: (1) upgrading our energy infrastructure; (2) promoting the exploration, development and production of energy within the United States ; and (3) developing new and improved energy technologies.

"This bill addresses the need to upgrade our energy infrastructure, as illustrated by `brownouts' and steep price fluctuations in natural gas over the past five years," said Bill Thomas (R-CA), Chairman of the Ways and Means Committee. "Clearly, we need to improve our distribution to make sure energy reaches markets and meets Americans' daily needs."

H.R. 1541 builds on last year's success in extending and expanding a variety of incentives for renewable resources like geothermal, solar, biomass, ethanol and biodiesel. These provisions were included in the Working Families Tax Relief Act of 2004 and the American Jobs Creation Act of 2004.

A summary of H.R. 1541 follows.

Committee on Ways and Means

Energy Infrastructure and Technology Act of 2005 Summary

IMPROVING ENERGY INFRASTRUCTURE

The bill includes several provisions that will modernize the distribution, transmission, and production of gas and electricity by reducing the cost of investments in infrastructure.

 Natural gas gathering lines - Current law is unclear as to whether natural gas gathering lines are depreciated over seven years or 15 years. The uncertainty has led to taxpayer confusion and litigation. The provision clarifies natural gas gathering lines are subject to seven-year depreciation (consistent with recent court cases).

 Natural gas distribution lines - Reduces the depreciation period from 35 years to 15 years.

 Electricity Transmission Assets - Reduces the depreciation period from 20 years to 15 years.

 Pollution Control Facilities for Power Plants - Under current law, air pollution control facilities may be depreciated over five years only if the facility is used to control pollution in a power plant built prior to 1976. The provision repeals the date requirement so that air pollution control facilities can be depreciated over five years regardless of when the plant was built.

 Nuclear Decommissioning - Nuclear decommissioning funds (i.e., reserve funds used to pay for a nuclear power plant's decommissioning costs) receive favorable tax treatment, subject to certain restrictions. For example, contributions to the fund are deductible only if they meet a cost of service requirement. Moreover, the fund may accumulate only enough reserves to pay for decommissioning costs incurred after 1984. The provision repeals the cost of service requirement and the post-1984 limitation. As a result, any taxpayer would be allowed to deduct contributions to a qualified fund, and the fund would be allowed to accumulate enough reserves to pay 100 percent of the plant's decommissioning costs. The provision also would allow additional contributions in limited circumstances and makes other modifications.



EXPLORATION, DEVELOPMENT AND PRODUCTION OF ENERGY

The bill includes several provisions to promote the exploration, development and production of energy within the United States to help meet growing demand.

 Helps utilities secure natural gas supplies at lower prices - Under current law, tax-exempt bonds issued by state or local governments are subject to "arbitrage restrictions," which limit the issuer's ability to invest the bond proceeds for profit. Treasury regulations clarify that bond prepayments used to purchase natural gas and electricity do not violate the arbitrage rules if certain conditions are met. The provision creates a statutory safe harbor exception to the arbitrage rules. The safe harbor allows public utilities to finance prepayments for natural gas with tax exempt bond proceeds if the natural gas is used to supply the utility's customers. This allows utilities to secure natural gas supplies for their customers at the best prices.

 Delay Rental Payments - Oil and gas producers typically contract for mineral production in exchange for royalty payments. If mineral production is delayed, the royalty payments are delayed. The provision allows delay rental payments to be deducted over two years if they are incurred in connection with the development of oil or gas in the United States .

 Geological and geophysical costs - Geological and geophysical costs are incurred for the purpose of obtaining data to assist with the exploration and acquisition of minerals. The provision allows these costs to be deducted over two years if they are incurred in connection with oil and gas exploration in the United States .

 Incentives for Small Oil Refiners - Under current law, small refiners are allowed to claim percentage depletion deductions based on the amount of oil they produce. A refiner is eligible for percentage depletion if its refinery runs do not exceed 50,000 barrels on any day of the year. The provision increases the 50,000 barrel limit to 75,000 barrels and bases the limit on average daily production in the year. The enhanced definition would allow more small refiners to fully utilize their capacity in response to market demands. Moreover, basing the limit on average production allows small refiners to make better production decisions because they are not bound by an arbitrary cap on daily production.

 Rationalizes the Non-Conventional Fuels Credit - Section 29 of the Code allows certain taxpayers to claim a non-refundable income tax credit for fuel produced from non-conventional sources. Many taxpayers cannot claim the full credit because they are subject to the Alternative Minimum Tax ( AMT ). The provision makes the section 29 credit part of the "general business credit" so that unused credits may be carried back one year and carried forward for up to 20 years. The provision equalizes the treatment of the section 29 credit with other business credits in the Code.



DEVELOPMENT AND USE OF NEW ENERGY TECHNOLOGIES

The bill creates new tax incentives to encourage the development and use of new and improved energy technologies.

 Residential Solar Property - Current law provides a 10-percent business energy credit for the cost of solar energy equipment. However, no credit is available for individual investments. The provision creates a nonrefundable personal tax credit for the purchase of residential solar water heating and photovoltaic equipment (i.e., equipment that uses solar energy to generate electricity). The credit equals 15 percent of the investment up to a maximum credit of $2,000. Expires after December 31, 2007.

 Fuel Cell Property - Creates a nonrefundable tax credit for residential fuel cell property and business installation of fuel cell power plants (i.e., systems that convert fuel into electricity using electrochemical means). The credit equals 15 percent of the investment, but may not exceed $500 for each 0.5 kilowatt of capacity. Expires after December 31, 2007.

 Advance Lean Burn Technology Vehicles - Creates a nonrefundable tax credit for the purchase of advance lean burn technology vehicles. The credit is between $500 - $3,000 per vehicle (depending on fuel efficiency) plus an additional $250/$500 for lifetime fuel savings of at least 1,500/2,500 gallons. Expires after December 31, 2007.

 Energy Efficient Home Improvements - Creates a nonrefundable personal tax credit for energy efficient improvements to existing homes. The credit equals 20 percent of the cost of the improvements up to a maximum credit of $2,000. Expires after December 31, 2007.

 Water-Diesel Emulsions - Under current law, diesel fuel is taxed at 24.3 cents-per-gallon. The provision reduces the tax rate on qualifying diesel-water emulsions to 19.7 cents-per-gallon to reflect the lower Btu content resulting from the water. This is consistent with the treatment of special motor fuels, which are taxed at energy equivalent rates.

 Personal AMT Relief - Permits the personal energy credits created in this bill to offset AMT liability (i.e., applies to the residential solar water heating, residential photovoltaic, residential fuel cell, energy efficient home, and lean burn diesel vehicle tax credits).

 Business AMT Relief - Permits certain business energy credits to offset AMT liability. The provision applies to the enhanced oil recovery credit (for two years), low sulfur diesel fuel production credit, marginal oil and gas well production credit, and the business fuel cell credit.

Tax Title of Energy Policy Act of 2005, as Passed by the House on April 21, 2005

April 26, 2005

109th Congress

HR 6 EH



109th CONGRESS



1st Session



H. R. 6



AN ACT

To ensure jobs for our future with secure, affordable, and reliable energy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Energy Policy Act of 2005'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.



* * * * *



TITLE XIII --ENERGY TAX INCENTIVES

Sec. 1300. Short title; etc.



Subtitle A --Energy Infrastructure Tax Incentives

Sec. 1301. Natural gas gathering lines treated as 7-year property.

Sec. 1302. Natural gas distribution lines treated as 15-year property.

Sec. 1303. Electric transmission property treated as 15-year property.

Sec. 1304. Expansion of amortization for certain atmospheric pollution control facilities in connection with plants first placed in service after 1975.

Sec. 1305. Modification of credit for producing fuel from a nonconventional source.

Sec. 1306. Modifications to special rules for nuclear decommissioning costs.

Sec. 1307. Arbitrage rules not to apply to prepayments for natural gas.

Sec. 1308. Determination of small refiner exception to oil depletion deduction.



Subtitle B --Miscellaneous Energy Tax Incentives

Sec. 1311. Credit for residential energy efficient property.

Sec. 1312. Credit for business installation of qualified fuel cells.

Sec. 1313. Reduced motor fuel excise tax on certain mixtures of diesel fuel.

Sec. 1314. Amortization of delay rental payments.

Sec. 1315. Amortization of geological and geophysical expenditures.

Sec. 1316. Advanced lean burn technology motor vehicle credit.

Sec. 1317. Credit for energy efficiency improvements to existing homes.



Subtitle C --Alternative minimum tax relief

Sec. 1321. New nonrefundable personal credits allowed against regular and minimum taxes.

Sec. 1322. Certain business energy credits allowed against regular and minimum taxes.



* * * * *



TITLE XIII --ENERGY TAX INCENTIVES



SEC . 1300. SHORT TITLE; ETC .

(a) Short Title- This title may be cited as the `Enhanced Energy Infrastructure and Technology Tax Act of 2005'.

(b) Amendment of 1986 Code- Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.



Subtitle A --Energy Infrastructure Tax Incentives



SEC . 1301. NATURAL GAS GATHERING LINES TREATED AS 7-YEAR PROPERTY.

(a) In General- Subparagraph (C) of section 168(e)(3) (relating to classification of certain property) is amended by striking `and' at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause:

`(iv) any natural gas gathering line, and'.

(b) Natural Gas Gathering Line- Subsection (i) of section 168 is amended by inserting after paragraph (16) the following new paragraph:

`(17) NATURAL GAS GATHERING LINE - The term `natural gas gathering line' means --

`(A) the pipe, equipment, and appurtenances determined to be a gathering line by the Federal Energy Regulatory Commission, and

`(B) the pipe, equipment, and appurtenances used to deliver natural gas from the wellhead or a commonpoint to the point at which such gas first reaches --

`(i) a gas processing plant,

`(ii) an interconnection with a transmission pipeline for which a certificate as an interstate transmission pipeline has been issued by the Federal Energy Regulatory Commission,

`(iii) an interconnection with an intrastate transmission pipeline, or

`(iv) a direct interconnection with a local distribution company, a gas storage facility, or an industrial consumer.'.

(c) Alternative System- The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (C)(iii) the following:

--14'.

(d) Alternative Minimum Tax Exception- Subparagraph (B) of section 56(a)(1) is amended by inserting before the period the following: `, or in section 168(e)(3)(C)(iv)'.

(e) Effective Date- The amendments made by this section shall apply to property placed in service after April 11, 2005.



SEC . 1302. NATURAL GAS DISTRIBUTION LINES TREATED AS 15-YEAR PROPERTY.

(a) In General- Subparagraph (E) of section 168(e)(3) (relating to classification of certain property) is amended by striking `and' at the end of clause (v), by striking the period at the end of clause (vi) and inserting `, and', and by adding at the end the following new clause:

`(vii) any natural gas distribution line.'.

(b) Alternative System- The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (E)(vi) the following:

--35'.

(c) Effective Date- The amendments made by this section shall apply to property placed in service after April 11, 2005.



SEC . 1303. ELECTRIC TRANSMISSION PROPERTY TREATED AS 15-YEAR PROPERTY.

(a) In General- Subparagraph (E) of section 168(e)(3) (relating to classification of certain property), as amended by section 1302 of this title, is amended by striking `and' at the end of clause (vi), by striking the period at the end of clause (vii) and inserting `, and', and by adding at the end the following new clause:

`(viii) any section 1245 property (as defined in section 1245(a)(3)) used in the transmission at 69 or more kilovolts of electricity for sale and the original use of which commences with the taxpayer after April 11, 2005.'.

(b) Alternative System- The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (E)(vii) the following:

--30'.

(c) Effective Date- The amendments made by this section shall apply to property placed in service after April 11, 2005.



SEC . 1304. EXPANSION OF AMORTIZATION FOR CERTAIN ATMOSPHERIC POLLUTION CONTROL FACILITIES IN CONNECTION WITH PLANTS FIRST PLACED IN SERVICE AFTER 1975.

(a) Eligibility of Post-1975 Pollution Control Facilities- Subsection (d) of section 169 (relating to definitions) is amended by adding at the end the following:

`(5) SPECIAL RULE RELATING TO CERTAIN ATMOSPHERIC POLLUTION CONTROL FACILITIES- In the case of any atmospheric pollution control facility which is placed in service after April 11, 2005, and used in connection with an electric generation plant or other property which is primarily coal fired, paragraph (1) shall be applied without regard to the phrase `in operation before January 1, 1976'.'.

(b) Treatment as New Identifiable Treatment Facility- Subparagraph (B) of section 169(d)(4) is amended to read as follows:

`(B) CERTAIN FACILITIES PLACED IN OPERATION AFTER APRIL 11, 2005- In the case of any facility described in paragraph (1) solely by reason of paragraph (5), subparagraph (A) shall be applied by substituting `April 11, 2005' for `December 31, 1968' each place it appears therein.'.

(c) Technical Amendment- Section 169(d)(3) is amended by striking `Health, Education, and Welfare' and inserting `Health and Human Services'.

(d) Effective Date- The amendments made by this section shall apply to facilities placed in service after April 11, 2005.



SEC . 1305. MODIFICATION OF CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE.

(a) Treatment as Business Credit-

(1) CREDIT MOVED TO SUBPART RELATING TO BUSINESS RELATED CREDITS- The Internal Revenue Code of 1986 is amended by redesignating section 29 as section 45J and by moving section 45J (as so redesignated) from subpart B of part IV of subchapter A of chapter 1 to the end of subpart D of part IV of subchapter A of chapter 1.

(2) CREDIT TREATED AS BUSINESS CREDIT- Section 38(b) is amended by striking `plus' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting `, plus', and by adding at the end the following:

`(20) the nonconventional source production credit determined under section 45J(a).'.

(3) CONFORMING AMENDMENTS-

(A) Section 30(b)(3)(A) is amended by striking `sections 27 and 29' and inserting `section 27'.

(B) Sections 43(b)(2), 45I(b)(2)(C)(i), and 613A(c)(6)(C) are each amended by striking `section 29(d)(2)(C)' and inserting `section 45J(d)(2)(C)'.

(C) Section 45(e)(9) is amended --

(i) by striking `section 29' and inserting `section 45J', and

(ii) by inserting `(or under section 29, as in effect on the day before the date of enactment of the Enhanced Energy Infrastructure and Technology Tax Act of 2005, for any prior taxable year)' before the period at the end thereof.

(D) Section 45I is amended --

(i) in subsection (c)(2)(A) by striking `section 29(d)(5))' and inserting `section 45J(d)(5))', and

(ii) in subsection (d)(3) by striking `section 29' both places it appears and inserting `section 45J'.

(E) Section 45J(a), as redesignated by paragraph (1), is amended by striking `There shall be allowed as a credit against the tax imposed by this chapter for the taxable year' and inserting `For purposes of section 38, if the taxpayer elects to have this section apply, the nonconventional source production credit determined under this section for the taxable year is'.

(F) Section 45J(b), as so redesignated, is amended by striking paragraph (6).

(G) Section 53(d)(1)(B)(iii) is amended by striking `under section 29' and all that follows through `or not allowed'.

(H) Section 55(c)(3) is amended by striking `29(b)(6),'.

(I) Subsection (a) of section 772 is amended by inserting `and' at the end of paragraph (9), by striking paragraph (10), and by redesignating paragraph (11) as paragraph (10).

(J) Paragraph (5) of section 772(d) is amended by striking `the foreign tax credit, and the credit allowable under section 29' and inserting `and the foreign tax credit'.

(K) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 29.

(L) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 45I the following new item:

`Sec. 45J. Credit for producing fuel from a nonconventional source.'.

(b) Amendments Conforming to the Repeal of the Natural Gas Policy Act of 1978-

(1) IN GENERAL- Section 29(c)(2)(A) (before redesignation under subsection (a)) is amended --

(A) by inserting `(as in effect before the repeal of such section)' after `1978', and

(B) by striking subsection (e) and redesignating subsections (f) and (g) as subsections (e) and (f), respectively.

(2) CONFORMING AMENDMENTS- Section 29(g)(1)(before redesignation under subsection (a) and paragraph (1) of this subsection) is amended --

(A) in subparagraph (A) by striking `subsection (f)(1)(B)' and inserting `subsection (e)(1)(B)', and

(B) in subparagraph (B) by striking `subsection (f)' and inserting `subsection (e)'.

(c) Effective Dates-

(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to credits determined under the Internal Revenue Code of 1986 for taxable years ending after December 31, 2005.

(2) SUBSECTION (b)- The amendments made by subsection (b) shall take effect on the date of the enactment of this Act.



SEC . 1306. MODIFICATIONS TO SPECIAL RULES FOR NUCLEAR DECOMMISSIONING COSTS.

(a) Repeal of Limitation on Deposits Into Fund Based on Cost of Service; Contributions After Funding Period- Subsection (b) of section 468A (relating to special rules for nuclear decommissioning costs) is amended to read as follows:

`(b) Limitation on Amounts Paid Into Fund- The amount which a taxpayer may pay into the Fund for any taxable year shall not exceed the ruling amount applicable to such taxable year.'.

(b) Treatment of Certain Decommissioning Costs-

(1) IN GENERAL- Section 468A is amended by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection:

`(f) Transfers Into Qualified Funds-

`(1) IN GENERAL- Notwithstanding subsection (b), any taxpayer maintaining a Fund to which this section applies with respect to a nuclear power plant may transfer into such Fund not more than an amount equal to the present value of the portion of the total nuclear decommissioning costs with respect to such nuclear power plant previously excluded for such nuclear power plant under subsection (d)(2)(A) as in effect immediately before the date of the enactment of the Enhanced Energy Infrastructure and Technology Tax Act of 2005.

`(2) DEDUCTION FOR AMOUNTS TRANSFERRED-

`(A) IN GENERAL- Except as provided in subparagraph (C), the deduction allowed by subsection (a) for any transfer permitted by this subsection shall be allowed ratably over the remaining estimated useful life (within the meaning of subsection (d)(2)(A)) of the nuclear power plant beginning with the taxable year during which the transfer is made.

`(B) DENIAL OF DEDUCTION FOR PREVIOUSLY DEDUCTED AMOUNTS- No deduction shall be allowed for any transfer under this subsection of an amount for which a deduction was previously allowed to the taxpayer (or a predecessor) or a corresponding amount was not included in gross income of the taxpayer (or a predecessor). For purposes of the preceding sentence, a ratable portion of each transfer shall be treated as being from previously deducted or excluded amounts to the extent thereof.

`(C) TRANSFERS OF QUALIFIED FUNDS- If --

`(i) any transfer permitted by this subsection is made to any Fund to which this section applies, and

`(ii) such Fund is transferred thereafter,

any deduction under this subsection for taxable years ending after the date that such Fund is transferred shall be allowed to the transferor for the taxable year which includes such date.

`(D) SPECIAL RULES-

`(i) GAIN OR LOSS NOT RECOGNIZED ON TRANSFERS TO FUND- No gain or loss shall be recognized on any transfer described in paragraph (1).

`(ii) TRANSFERS OF APPRECIATED PROPERTY TO FUND- If appreciated property is transferred in a transfer described in paragraph (1), the amount of the deduction shall not exceed the adjusted basis of such property.

`(3) NEW RULING AMOUNT REQUIRED- Paragraph (1) shall not apply to any transfer unless the taxpayer requests from the Secretary a new schedule of ruling amounts in connection with such transfer.

`(4) NO BASIS IN QUALIFIED FUNDS- Notwithstanding any other provision of law, the taxpayer's basis in any Fund to which this section applies shall not be increased by reason of any transfer permitted by this subsection.'.

(2) NEW RULING AMOUNT TO TAKE INTO ACCOUNT TOTAL COSTS- Subparagraph (A) of section 468A(d)(2) (defining ruling amount) is amended to read as follows:

`(A) fund the total nuclear decommissioning costs with respect to such power plant over the estimated useful life of such power plant, and'.

(c) Technical Amendments- Section 468A(e)(2) (relating to taxation of Fund) is amended --

(1) by striking `rate set forth in subparagraph (B)' in subparagraph (A) and inserting `rate of 20 percent',

(2) by striking subparagraph (B), and

(3) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.

(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2005.



SEC . 1307. ARBITRAGE RULES NOT TO APPLY TO PREPAYMENTS FOR NATURAL GAS .

(a) In General- Subsection (b) of section 148 (relating to higher yielding investments) is amended by adding at the end the following new paragraph:

`(4) SAFE HARBOR FOR PREPAID NATURAL GAS -

`(A) IN GENERAL- The term `investment-type property' does not include a prepayment under a qualified natural gas supply contract.

`(B) QUALIFIED NATURAL GAS SUPPLY CONTRACT- For purposes of this paragraph, the term `qualified natural gas supply contract' means any contract to acquire natural gas for resale by a utility owned by a governmental unit if the amount of gas permitted to be acquired under the contract by the utility during any year does not exceed the sum of --

`(i) the annual average amount during the testing period of natural gas purchased (other than for resale) by customers of such utility who are located within the service area of such utility, and

`(ii) the amount of natural gas to be used to transport the prepaid natural gas to the utility during such year.

`(C) NATURAL GAS USED TO GENERATE ELECTRICITY- Natural gas used to generate electricity shall be taken into account in determining the average under subparagraph (B)(i) --

`(i) only if the electricity is generated by a utility owned by a governmental unit, and

`(ii) only to the extent that the electricity is sold (other than for resale) to customers of such utility who are located within the service area of such utility.

`(D) ADJUSTMENTS FOR CHANGES IN CUSTOMER BASE-

`(i) NEW BUSINESS CUSTOMERS- If --

`(I) after the close of the testing period and before the date of issuance of the issue, the utility owned by a governmental unit enters into a contract to supply natural gas (other than for resale) for a business use at a property within the service area of such utility, and

`(II) the utility did not supply natural gas to such property during the testing period or the ratable amount of natural gas to be supplied under the contract is significantly greater than the ratable amount of gas supplied to such property during the testing period,

then a contract shall not fail to be treated as a qualified natural gas supply contract by reason of supplying the additional natural gas under the contract referred to in subclause (I).

`(ii) LOST CUSTOMERS- The average under subparagraph (B)(i) shall not exceed the annual amount of natural gas reasonably expected to be purchased (other than for resale) by persons who are located within the service area of such utility and who, as of the date of issuance of the issue, are customers of such utility.

`(E) RULING REQUESTS- The Secretary may increase the average under subparagraph (B)(i) for any period if the utility owned by the governmental unit establishes to the satisfaction of the Secretary that, based on objective evidence of growth in natural gas consumption or population, such average would otherwise be insufficient for such period.

`(F) ADJUSTMENT FOR NATURAL GAS OTHERWISE ON HAND -

`(i) IN GENERAL- The amount otherwise permitted to be acquired under the contract for any period shall be reduced by --

`(I) the applicable share of natural gas held by the utility on the date of issuance of the issue, and

`(II) the natural gas (not taken into account under subclause (I)) which the utility has a right to acquire during such period (determined as of the date of issuance of the issue).

`(ii) APPLICABLE SHARE- For purposes of the clause (i), the term `applicable share' means, with respect to any period, the natural gas allocable to such period if the gas were allocated ratably over the period to which the prepayment relates.

`(G) INTENTIONAL ACTS- Subparagraph (A) shall cease to apply to any issue if the utility owned by the governmental unit engages in any intentional act to render the volume of natural gas acquired by such prepayment to be in excess of the sum of --

`(i) the amount of natural gas needed (other than for resale) by customers of such utility who are located within the service area of such utility, and

`(ii) the amount of natural gas used to transport such natural gas to the utility.

`(H) TESTING PERIOD- For purposes of this paragraph, the term `testing period' means, with respect to an issue, the most recent 5 calendar years ending before the date of issuance of the issue.

`(I) SERVICE AREA - For purposes of this paragraph, the service area of a utility owned by a governmental unit shall be comprised of --

`(i) any area throughout which such utility provided at all times during the testing period --

`(I) in the case of a natural gas utility, natural gas transmission or distribut