I 

116TH CONGRESS 

1ST SESSION H. R. 5409 

To amend the Internal Revenue Code to provide tax credits for energy 

storage technology, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2019 

Mr. CURTIS introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To amend the Internal Revenue Code to provide tax credits 

for energy storage technology, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Incentivizing New and 

5 Valuable Energy Storage Technology (INVEST) Act of 

6 2019’’. 

7 SEC. 2. ENERGY CREDIT FOR ENERGY STORAGE TECH8 NOLOGIES. 

9 (a) IN GENERAL.—Subclause (II) of section 

10 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is 


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1 amended by striking ‘‘paragraph (3)(A)(i)’’ and inserting 

2 ‘‘clause (i) or (viii) of paragraph (3)(A)’’. 

3 (b) ENERGY STORAGE TECHNOLOGIES.—Subpara4 graph (A) of section 48(a)(3) of the Internal Revenue 

5 Code of 1986 is amended by striking ‘‘or’’ at the end of 

6 clause (vi), by adding ‘‘or’’ at the end of clause (vii), and 

7 by adding at the end the following new clause: 

8 ‘‘(viii) equipment which receives, 

9 stores, and delivers energy using batteries, 

10 compressed air, pumped hydropower, hy11 drogen storage (including hydrolysis), ther12 mal energy storage, regenerative fuel cells, 

13 flywheels, capacitors, superconducting 

14 magnets, or other technologies identified 

15 by the Secretary in consultation with the 

16 Secretary of Energy, and which has a ca17 pacity of not less than 5 kilowatt hours,’’. 

18 (c) PHASEOUT OF CREDIT.—Paragraph (6) of sec19 tion 48(a) of the Internal Revenue Code of 1986 is amend20 ed— 

21 (1) by striking ‘‘ENERGY’’ in the heading and 

22 inserting ‘‘AND ENERGY STORAGE’’; and 

23 (2) by striking ‘‘paragraph (3)(A)(i)’’ both 

24 places it appears and inserting ‘‘clause (i) or (viii) 

25 of paragraph (3)(A)’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to property placed in service after 

3 December 31, 2018. 

4 SEC. 3. RESIDENTIAL ENERGY EFFICIENT PROPERTY 

5 CREDIT FOR BATTERY STORAGE TECH6 NOLOGY. 

7 (a) IN GENERAL.—Subsection (a) of section 25D of 

8 the Internal Revenue Code of 1986 is amended by striking 

9 ‘‘and’’ at the end of paragraph (4), by inserting ‘‘and’’ 

10 after the comma at the end of paragraph (5), and by add11 ing at the end the following new paragraph: 

12 ‘‘(6) the qualified battery storage technology ex13 penditures,’’. 

14 (b) QUALIFIED BATTERY STORAGE TECHNOLOGY

15 EXPENDITURE.—Subsection (d) of section 25D of the In16 ternal Revenue Code of 1986 is amended by adding at the 

17 end the following new paragraph: 

18 ‘‘(6) QUALIFIED BATTERY STORAGE TECH19 NOLOGY EXPENDITURE.—The term ‘qualified bat20 tery storage technology expenditure’ means an ex21 penditure for battery storage technology which— 

22 ‘‘(A) is installed on or in connection with 

23 a dwelling unit located in the United States and 

24 used as a residence by the taxpayer, and 


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1 ‘‘(B) has a capacity of not less than 3 kilo2 watt hours.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to expenditures paid or incurred 

5 in taxable years beginning after December 31, 2018. 

6 SEC. 4. PUBLIC UTILITY PROPERTY. 

7 (a) IN GENERAL.—Paragraph (2) of section 50(d) of 

8 the Internal Revenue Code of 1986 is amended— 

9 (1) by adding after the first sentence the fol10 lowing new sentence: ‘‘At the election of a taxpayer, 

11 this paragraph shall not apply to energy property 

12 described in clause (viii) of section 48(a)(3)(A) that 

13 is placed in service by the taxpayer after December 

14 31, 2018, provided—’’; and 

15 (2) by adding the following new subparagraphs: 

16 ‘‘(A) no election under this paragraph shall 

17 be permitted if the making of such election is 

18 prohibited by, or required by, a State or polit19 ical subdivision thereof, by any agency or in20 strumentality of the United States, or by a pub21 lic service or public utility commission or other 

22 similar body of any State or political subdivi23 sion that regulates public utilities as described 

24 in section 7701(a)(33)(A), 


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1 ‘‘(B) an election under this paragraph 

2 shall be made separately with respect to each 

3 energy property by the due date (including ex4 tensions) of the Federal tax return for the tax5 able year in which such property is placed in 

6 service by the taxpayer, and once made, may be 

7 revoked only with the consent of the Secretary, 

8 and 

9 ‘‘(C) an election shall not apply with re10 spect to any energy property described in such 

11 subparagraph if such property has a maximum 

12 energy capacity equal to or less than 14 kilo13 watt hours.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to property placed in service after 

16 December 31, 2018. 

Æ 


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