I 

111TH CONGRESS 

1ST SESSION H. R. 1812 

To amend the Internal Revenue Code of 1986 to reduce the recovery periods 

for certain energy production and distribution facilities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2009 

Mrs. BACHMANN (for herself, Mr. PAUL, and Mrs. SCHMIDT) 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 reduce 

the recovery periods for certain energy production and 

distribution facilities. 

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 ‘‘Promoting New Amer5 ican Energy Act of 2009’’. 

6 SEC. 2. 3-YEAR RECOVERY PERIOD FOR CERTAIN ENERGY 

7 PRODUCTION AND DISTRIBUTION FACILI8 TIES. 

9 (a) IN GENERAL.—Subparagraph (A) of section 

10 168(e)(3) of the Internal Revenue Code of 1986 (defining 


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1 3-year property) is amended by striking ‘‘and’’ at the end 

2 of clause (ii), by striking the period at the end of clause 

3 (iii), and by adding at the end the following new clauses: 

4 ‘‘(iv) any industrial steam and electric 

5 generation and/or distribution system de6 scribed in Asset Class 00.4 of Revenue 

7 Procedure 87–56, 

8 ‘‘(v) any electric utility nuclear pro9 duction plant described in Asset Class 

10 49.12 of such Procedure, 

11 ‘‘(vi) any electric utility steam produc12 tion plant which is fueled by coal and de13 scribed in Asset Class 49.13 of such Proce14 dure, 

15 ‘‘(vii) any electric utility transmission 

16 and distribution plant described in Asset 

17 Class 49.14 of such Procedure, 

18 ‘‘(viii) any electric utility combustion 

19 turbine production plant which is fueled by 

20 natural gas and described in Asset Class 

21 49.15 of such Procedure, 

22 ‘‘(ix) pollution control equipment that 

23 modifies the outputs (such as thermal dis24 charge control) rather than modifying in25 puts, and 


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1 ‘‘(x) any property which is described 

2 in subparagraph (A) of section 48(a)(3) 

3 (or would be so described if ‘solar, wind, or 

4 geothermal energy’ were substituted for 

5 ‘solar energy’ in clause (i) thereof) and the 

6 last sentence of such section did not apply 

7 to such subparagraph. 

8 Nothing in any provision of law shall be con9 strued to treat property as not being described 

10 in clause (x) (or the corresponding provisions of 

11 prior law) by reason of being public utility 

12 property (within the meaning of section 

13 48(a)(3)).’’. 

14 (b) ALTERNATIVE DEPRECIATION SYSTEM.—The 

15 table contained in subparagraph (B) of section 168(g)(3) 

16 of such Code is amended by inserting below the item relat17 ing to subparagraph (A)(iii) the following new items: 

‘‘(A)(iv) ........................................................................................... 15

(A)(v) .............................................................................................. 15

(A)(vi) ............................................................................................. 20

(A)(vii) ............................................................................................ 15

(A)(viii) ........................................................................................... 15’’. 

18 (c) CONFORMING AMENDMENT.—Subparagraph (B) 

19 of section 168(e)(3) of such Code is amended— 

20 (1) by striking subclause (I) of clause (vi), 


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1 (2) by redesignating subclauses (II) and (III) of 

2 clause (vi) as subclauses (I) and (II), respectively, 

3 and 

4 (3) by striking the last sentence. 

5 (d) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—The amendments made by 

7 this section shall apply to property placed in service 

8 after the date of the enactment of this Act. 

9 (2) EXCEPTION.—The amendments made by 

10 this section shall not apply to any property with re11 spect to which the taxpayer or a related party has 

12 entered into a binding contract for the construction 

13 thereof on or before such date, or, in the case of 

14 self-constructed property, has started construction 

15 on or before such date. 

Æ 


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