I 

111TH CONGRESS 

1ST SESSION H. R. 4149 

To amend the Internal Revenue Code of 1986 to provide a renewable electricity integration credit for a utility that purchases or produces renewable power. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2009 

Ms. MARKEY of Colorado (for herself and Mr. PAULSEN) 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 

a renewable electricity integration credit for a utility 

that purchases or produces renewable power. 

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

3 SECTION 1. RENEWABLE ELECTRICITY INTEGRATION 

4 CREDIT. 

5 (a) IN GENERAL.—Subpart D of part IV of sub6 chapter A of chapter 1 of the Internal Revenue Code of 

7 1986 is amended by adding at the end the following new 

8 section: 


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1 ‘‘SEC. 45R. RENEWABLE ELECTRICITY INTEGRATION CRED2 IT. 

3 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

4 the renewable electricity integration credit for any taxable 

5 year is an amount equal to the product of— 

6 ‘‘(1) the intermittent renewable portfolio factor 

7 of an eligible taxpayer, multiplied by 

8 ‘‘(2) the number of kilowatt hours of renewable 

9 electricity purchased or produced by such taxpayer 

10 and sold by such taxpayer to an unrelated person 

11 during the taxable year. 

12 ‘‘(b) INTERMITTENT RENEWABLE PORTFOLIO FAC13 TOR.—The intermittent renewable portfolio factor for an 

14 eligible taxpayer shall be determined as follows: 

‘‘In the case of an 

eligible taxpayer 

whose intermittent 

renewable electricity percentage 

is: 

For taxable years 

beginning before 

2012, the intermittent renewable 

portfolio factor is: 

For taxable years 

beginning in or 

after 2012, the 

intermittent renewable portfolio factor is: 

Less than 4 percent ....... 0 cents ........................... 0 cents 

At least 4 percent but 

less than 8 percent.

0.10 cents ...................... 0 cents 

At least 8 percent but 

less than 12 percent.

0.20 cents ...................... 0.20 cents 

At least 12 percent but 

less than 16 percent.

0.30 cents ...................... 0.30 cents 

At least 16 percent but 

less than 20 percent.

0.40 cents ...................... 0.40 cents 

At least 20 percent but 

less than 24 percent.

0.50 cents ...................... 0.50 cents 

Equal to or greater than 

24 percent.

0.60 cents ...................... 0.60 cents 

15 ‘‘(c) DEFINITIONS.—For purposes of this section— 

16 ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligible 

17 taxpayer’ means an electric utility (as defined in secVerDate Nov 24 2008 06:28 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4149.IH H4149

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1 tion 3(22) of the Federal Power Act (16 U.S.C. 

2 796(22)). 

3 ‘‘(2) RENEWABLE ELECTRICITY.—The term ‘re4 newable electricity’ means electricity generated by— 

5 ‘‘(A) a facility using wind to produce such 

6 electricity, and 

7 ‘‘(B) a facility using solar energy to gen8 erate such electricity. 

9 ‘‘(3) INTERMITTENT RENEWABLE ELECTRICITY

10 PERCENTAGE.—The term ‘intermittent renewable 

11 electricity percentage’ means the percentage of an 

12 electric utility’s total sales to retail load customers 

13 that is derived from renewable electricity, whether 

14 purchased or produced by the taxpayer.’’. 

15 (b) CREDIT MADE PART OF GENERAL BUSINESS

16 CREDIT.—Subsection (b) of section 38 of such Code is 

17 amended— 

18 (1) by striking ‘‘plus’’ at the end of paragraph 

19 (34), 

20 (2) by striking the period at the end of para21 graph (35) and inserting ‘‘, plus’’, and 

22 (3) by adding at the end the following new 

23 paragraph: 

24 ‘‘(36) the renewable electricity integration cred25 it determined under section 45R(a).’’. 


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1 (c) SPECIFIED CREDIT.—Subparagraph (B) of sec2 tion 38(c)(4) of such Code is amended— 

3 (1) by striking ‘‘and’’ at the end of clause (vii), 

4 (2) by striking the period at the end of clause 

5 (viii), and inserting ‘‘, and’’, and 

6 (3) by adding at the end the following new 

7 clause: 

8 ‘‘(ix) the credit determined under sec9 tion 45R.’’. 

10 (d) CLERICAL AMENDMENT.—The table of sections 

11 for subpart D of part IV of subchapter A of chapter 1 

12 of such Code is amended by adding at the end the fol13 lowing new item: 

‘‘Sec. 45R. Renewable electricity integration credit.’’. 

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

15 this section shall apply to electricity produced or pur16 chased after December 31, 2009. 

Æ 


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