I 

111TH CONGRESS 

2D SESSION H. R. 5352 

To require hydroelectric energy generated in Alaska to be considered as 

renewable energy for purposes of Federal programs and standards. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2010 

Mr. YOUNG of Alaska 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 require hydroelectric energy generated in Alaska to be 

considered as renewable energy for purposes of Federal 

programs and standards. 

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 ‘‘The Alaska Clean En5 ergy Development Act’’. 

6 SEC. 2. HYDROELECTRIC ENERGY AS RENEWABLE ENERGY. 

7 Notwithstanding any other provision of law or regula8 tion, for purposes of any Federal program or standard, 


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1 renewable energy shall include hydroelectric energy gen2 erated in the State of Alaska by a hydroelectric facility— 

3 (1) that has a nameplate capacity rating of a 

4 wattage that is less than 50 megawatts; or 

5 (2) through the use of— 

6 (A) a lake tap or siphon; 

7 (B) pumped storage; or 

8 (C) a run of the river system. 

9 SEC. 3. ADDITIONAL HYDROELECTRIC FACILITIES ELIGI10 BLE FOR THE CREDIT FOR ELECTRICITY 

11 GENERATED FROM RENEWABLE RESOURCES. 

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

13 45(c)(8) of the Internal Revenue Code of 1986 (defining 

14 qualified hydropower production) is amended by striking 

15 ‘‘and’’ at the end of clause (i), by striking the period at 

16 the end of clause (ii) and inserting ‘‘, and’’, and by adding 

17 at the end the following new clause: 

18 ‘‘(iii) hydropower production from a 

19 hydroelectric facility described in subpara20 graph (D).’’. 

21 (b) ELIGIBLE PRODUCTION.—Paragraph (8) of sec22 tion 45(c) of such Code is amended by adding at the end 

23 the following new subparagraph: 

24 ‘‘(D) OTHER HYDROPOWER PRODUCTION

25 FACILITIES.—A hydroelectric facility is deVerDate Mar 15 2010 22:18 May 21, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5352.IH H5352

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1 scribed in this subparagraph if the hydroelectric 

2 facility generates power in the State of Alaska 

3 and— 

4 ‘‘(i) has a nameplate capacity rating 

5 of a wattage that is less than 50 

6 megawatts, or 

7 ‘‘(ii) generates the power through the 

8 use of— 

9 ‘‘(I) a lake tap or siphon; 

10 ‘‘(II) pumped storage; or 

11 ‘‘(III) a run of the river sys12 tem.’’. 

13 (c) QUALIFIED FACILITIES.—Paragraph (9) of sec14 tion 45(d) of such Code is amended by redesignating sub15 paragraph (C) as subparagraph (D), by striking ‘‘and’’ at 

16 the end of subparagraph (A), and by striking subpara17 graph (B) and inserting the following new subparagraphs: 

18 ‘‘(B) any facility which is not described in 

19 subparagraph (A) or (C) and which is placed in 

20 service after August 8, 2005, and before Janu21 ary 1, 2014, and 

22 ‘‘(C) any facility which is described in sub23 section (c)(8)(D) and which is placed in service 

24 after the date of the enactment of this subpara25 graph.’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years ending after the 

3 date of the enactment of this Act. 

Æ 


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