I 

116TH CONGRESS 

2D SESSION H. R. 8743 

To amend the Internal Revenue Code of 1986 to make certain energy tax 

credits fully refundable and to delay the tax credit phase down, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 12, 2020 

Mr. LEVIN of California (for himself, Mr. SCHWEIKERT, Mr. TONKO, and Mr. 

COOK) 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 make 

certain energy tax credits fully refundable and to delay 

the tax credit phase down, 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 ‘‘Solar Jobs Preserva5 tion Act of 2020’’. 


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•HR 8743 IH

1 SEC. 2. ELECTIVE PAYMENT FOR ENERGY PROPERTY, 

2 ELECTRICITY PRODUCED FROM CERTAIN RE3 NEWABLE RESOURCES. 

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

5 amended by adding at the end the following new section: 

6 ‘‘SEC. 6431. ELECTIVE PAYMENT FOR ENERGY PROPERTY, 

7 ELECTRICITY PRODUCED FROM CERTAIN RE8 NEWABLE RESOURCES. 

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

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

11 the Secretary may provide) under this section with respect 

12 to any portion of an applicable credit, such taxpayer shall 

13 be treated as making a payment against the tax imposed 

14 by subtitle A for the taxable year equal to the amount 

15 of such portion. 

16 ‘‘(b) DEFINITIONS AND SPECIAL RULES.—For pur17 poses of this section— 

18 ‘‘(1) APPLICABLE CREDIT.—The term ‘applica19 ble credit’ means the energy credit under section 48. 

20 ‘‘(2) TIMING.—The payment described in sub21 section (a) shall be treated as made on the later of 

22 the initial due date of the return of tax for the tax23 able year or the date on which such return is filed. 

24 ‘‘(c) EXCLUSION FROM GROSS INCOME.—Gross in25 come of the taxpayer shall be determined without regard 

26 to this section. 


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•HR 8743 IH

1 ‘‘(d) DENIAL OF DOUBLE BENEFIT.—Solely for pur2 poses of section 38, in the case of a taxpayer making an 

3 election under this section, the energy credit determined 

4 under section 48 shall be reduced by the amount of the 

5 portion of such credit with respect to which the taxpayer 

6 makes such election. 

7 ‘‘(e) APPLICATION.—This section shall apply to prop8 erty the construction of which begins before January 1, 

9 2022.’’. 

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

11 for subchapter B of chapter 65 is amended by adding at 

12 the end the following new item: 

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

certain renewable resources.’’. 

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

14 this section shall apply to property placed in service after 

15 the date of the enactment of this Act. 

16 SEC. 3. EXTENSION OF ENERGY CREDIT. 

17 (a) IN GENERAL.—Section 48(a)(6) of the Internal 

18 Revenue Code of 1986 is amended— 

19 (1) in subparagraph (A)— 

20 (A) by striking ‘‘which begins before Janu21 ary 1, 2022’’ and inserting ‘‘which begins be22 fore January 1, 2023’’, 

23 (B) in clause (i), by striking ‘‘January 1, 

24 2021’’ and inserting ‘‘January 1, 2022’’, and 


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•HR 8743 IH

1 (C) in clause (ii)— 

2 (i) by striking ‘‘December 31, 2020’’ 

3 and inserting ‘‘December 31, 2021’’, and 

4 (ii) by striking ‘‘January 1, 2022’’ 

5 and inserting ‘‘January 1, 2023’’, and 

6 (2) in subparagraph (B)— 

7 (A) by striking ‘‘January 1, 2022’’ and in8 serting ‘‘January 1, 2023’’, and 

9 (B) by striking ‘‘January 1, 2024’’ and in10 serting ‘‘January 1, 2025’’. 

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

12 this section shall apply to property placed in service after 

13 the date of the enactment of this Act. 

Æ 


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