I 

111TH CONGRESS 

1ST SESSION H. R. 4085 

To amend the Internal Revenue Code of 1986 to allow an investment credit 

for property used to fabricate solar energy property, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2009 

Mr. THOMPSON of California (for himself, Mr. DOGGETT, Mr. CAMP, Mr. 

TIBERI, Mrs. BONO MACK, Ms. ESHOO, Mr. HONDA, Ms. GIFFORDS, Mr. 

MCCAUL, Mr. SMITH of Texas, Mr. MEEKS of New York, Mr. CARTER, 

Ms. LINDA T. SA ́NCHEZ of California, Mr. SCHAUER, and Ms. ZOE

LOFGREN of California) introduced the following bill; which was referred 

to the Committee on Ways and Means, and in addition to the Committee 

on Energy and Commerce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Internal Revenue Code of 1986 to allow an 

investment credit for property used to fabricate solar 

energy property, 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. INVESTMENT CREDIT FOR EQUIPMENT USED 

4 TO FABRICATE SOLAR ENERGY PROPERTY. 

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

6 48(a)(3) of the Internal Revenue Code of 1986 (defining 


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1 energy property) is amended by striking ‘‘or’’ at the end 

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

3 and inserting after clause (vii) the following new clause: 

4 ‘‘(viii) equipment used to fabricate 

5 property described in clause (i) or para6 graph (1) or (2) of section 25D(d), includ7 ing solar cells and modules that convert 

8 sunlight to electricity, but only with re9 spect to periods ending before January 1, 

10 2017.’’. 

11 (b) CREDIT PERCENTAGE.—Clause (i) of section 

12 48(a)(2)(A) of such Code is amended by striking ‘‘and’’ 

13 at the end of subclause (III) and by inserting after sub14 clause (IV) the following new subclause: 

15 ‘‘(V) energy property described in 

16 paragraph (3)(A)(viii), and’’. 

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

18 this section shall apply to periods after the date of the 

19 enactment of this Act, under rules similar to the rules of 

20 section 48(m) of the Internal Revenue Code of 1986 (as 

21 in effect on the day before the date of the enactment of 

22 the Revenue Reconciliation Act of 1990). 


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1 SEC. 2. SOLAR ENERGY PROPERTY FABRICATION EQUIP2 MENT TREATED AS SPECIFIED ENERGY 

3 PROPERTY FOR ENERGY PROPERTY GRANTS 

4 IN LIEU OF CREDITS. 

5 (a) ADDITIONAL SPECIFIED ENERGY PROPERTY.— 

6 Paragraph (3) of section 1603(d) of the American Recov7 ery and Reinvestment Tax Act of 2009 (relating to grants 

8 of specified energy property in lieu of tax credits) is 

9 amended by striking ‘‘described in clause (i) or (ii)’’ and 

10 inserting ‘‘described in clause (i), (ii) or (viii)’’. 

11 (b) PLACED IN SERVICE LIMITATION.—Paragraph 

12 (2) of section 1603(a) of the American Recovery and Rein13 vestment Tax Act of 2009 is amended by striking ‘‘but 

14 only if the construction of such property began during 

15 2009 or 2010.’’ and inserting the following: ‘‘but only if— 

16 ‘‘(A) the construction of such property 

17 began during 2009 or 2010, or 

18 ‘‘(B) in the case of property described in 

19 section 48(a)(3)(A)(viii) of the Internal Rev20 enue Code of 1986, is acquired by the taxpayer 

21 pursuant to a written binding contract which 

22 was entered into during 2009 or 2010.’’. 

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

24 this section shall take effect as if included in the enactVerDate Nov 24 2008 00:12 Nov 18, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4085.IH H4085

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1 ment of section 1603 of the American Recovery and Rein2 vestment Tax Act of 2009. 

Æ 


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