I 

116TH CONGRESS 

1ST SESSION H. R. 5157 

To amend the Internal Revenue Code of 1986 to provide for elective payments 

for energy property and electricity produced from certain renewable resources. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2019 

Mr. BLUMENAUER (for himself, Mr. SUOZZI, Ms. SA ́NCHEZ, Mr. DANNY K. 

DAVIS of Illinois, Ms. MOORE, Mr. HORSFORD, Mr. BEYER, Mr. PANETTA, Ms. DELBENE, and Mr. GOMEZ) 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 provide 

for elective payments for energy property and electricity 

produced from certain renewable resources. 

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 ‘‘Renewable Energy In5 vestment Act of 2019’’. 


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1 SEC. 2. ELECTIVE PAYMENT FOR ENERGY PROPERTY AND 

2 ELECTRICITY PRODUCED FROM CERTAIN RE3 NEWABLE RESOURCES, ETC. 

4 (a) IN GENERAL.—Subchapter B of chapter 65 of the 

5 Internal Revenue Code of 1986 is amended by adding at 

6 the end the following new section: 

7 ‘‘SEC. 6431. ELECTIVE PAYMENT FOR ENERGY PROPERTY 

8 AND ELECTRICITY PRODUCED FROM CER9 TAIN RENEWABLE RESOURCES, ETC. 

10 ‘‘(a) ENERGY PROPERTY.—In the case of a taxpayer 

11 making an election (at such time and in such manner as 

12 the Secretary may provide) under this section with respect 

13 to any portion of an energy credit which would (without 

14 regard to this section) be determined under section 48 

15 with respect to such taxpayer or any portion of a renew16 able electricity production credit which would (without re17 gard to this section) be determined under section 45 with 

18 respect to such taxpayer, such taxpayer shall be treated 

19 as making a payment against the tax imposed by subtitle 

20 A for the taxable year equal to— 

21 ‘‘(1) in the case of an Indian tribal government 

22 (within the meaning of such term for purposes of 

23 section 139E), the amount of such portion, and 

24 ‘‘(2) in the case of any other taxpayer, 85 per25 cent of such amount. 


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1 ‘‘(b) TIMING.—The payment described in subsection 

2 (a) shall be treated as made on the later of the due date 

3 of the return of tax for such taxable year or the date on 

4 which such return is filed. 

5 ‘‘(c) EXCLUSION FROM GROSS INCOME.—Gross in6 come of the taxpayer shall be determined without regard 

7 to this section. 

8 ‘‘(d) DENIAL OF DOUBLE BENEFIT.—Solely for pur9 poses of section 38, in the case of a taxpayer making an 

10 election under this section, the energy credit determined 

11 under section 45 or the renewable electricity production 

12 credit determined under section 48 shall be reduced by 

13 the amount of the portion of such credit with respect to 

14 which the taxpayer makes such election.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for subchapter B of chapter 65 of such Code is amended 

17 by adding at the end the following new item: 

‘‘Sec. 6431. Elective payment for energy property and electricity produced from 

certain renewable resources, etc.’’. 

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

19 this section shall apply to property originally placed in 

20 service after the date of the enactment of this Act. 

Æ 


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