II 

116TH CONGRESS 

1ST SESSION S. 1988 

To amend the Internal Revenue Code of 1986 to extend the energy credit 

for offshore wind facilities. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2019 

Mr. CARPER (for himself, Ms. COLLINS, Mr. BROWN, Mr. CARDIN, Mr. 

COONS, Mr. KING, Mr. MENENDEZ, Mr. REED, Mr. SCHATZ, Ms. WARREN, Mr. WHITEHOUSE, and Mr. MARKEY) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

the energy credit for offshore wind 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 ‘‘Incentivizing Offshore 

5 Wind Power Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1988 IS

1 SEC. 2. EXTENSION OF ENERGY CREDIT FOR OFFSHORE 

2 WIND FACILITIES. 

3 (a) IN GENERAL.—Section 48(a)(5) of the Internal 

4 Revenue Code of 1986 is amended by adding at the end 

5 the following: 

6 ‘‘(F) QUALIFIED OFFSHORE WIND FACILI7 TIES.— 

8 ‘‘(i) IN GENERAL.—In the case of any 

9 qualified offshore wind facility— 

10 ‘‘(I) subparagraph (C)(ii) shall be 

11 applied by substituting ‘January 1 of 

12 the applicable year (as determined 

13 under subparagraph (F)(ii))’ for ‘Jan14 uary 1, 2020’, 

15 ‘‘(II) subparagraph (E) shall not 

16 apply, and 

17 ‘‘(III) for purposes of this para18 graph, section 45(d)(1) shall be ap19 plied by substituting ‘January 1 of 

20 the applicable year (as determined 

21 under section 48(a)(5)(F)(ii))’ for 

22 ‘January 1, 2020’. 

23 ‘‘(ii) APPLICABLE YEAR.— 

24 ‘‘(I) IN GENERAL.—For purposes 

25 of this subparagraph, the term ‘appli26 cable year’ means the later of— 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1988 IS

1 ‘‘(aa) calendar year 2027, or 

2 ‘‘(bb) the calendar year sub3 sequent to the first calendar year 

4 in which the Secretary, in con5 sultation with the Secretary of 

6 Energy, determines that the 

7 United States has increased its 

8 offshore wind capacity by not less 

9 than 3,000 megawatts as com10 pared to such capacity on Janu11 ary 1, 2020. 

12 ‘‘(II) EXCLUSION OF CERTAIN

13 FACILITIES.—For purposes of sub14 clause (I)(bb), the Secretary shall not 

15 include any increase in offshore wind 

16 capacity which is attributable to any 

17 facility the construction of which 

18 began before January 1, 2020. 

19 ‘‘(iii) QUALIFIED OFFSHORE WIND FA20 CILITY.—For purposes of this subpara21 graph, the term ‘qualified offshore wind fa22 cility’ means a qualified facility described 

23 in paragraph (1) of section 45(d) which is 

24 located in the inland navigable waters of 

25 the United States, including the Great 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1988 IS

1 Lakes, or in the coastal waters of the 

2 United States, including the territorial 

3 seas of the United States, the exclusive 

4 economic zone of the United States, and 

5 the outer Continental Shelf of the United 

6 States. 

7 ‘‘(iv) REPORT ON OFFSHORE WIND

8 CAPACITY.—On January 15, 2026, and an9 nually thereafter until the calendar year 

10 described in clause (ii)(I)(bb), the Sec11 retary, in consultation with the Secretary 

12 of Energy, shall issue a report to be made 

13 available to the public which discloses the 

14 increase in the offshore wind capacity of 

15 the United States, as measured in total 

16 megawatts, since January 1, 2020.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall apply to periods after December 31, 

19 2016, under rules similar to the rules of section 48(m) 

20 of the Internal Revenue Code of 1986 (as in effect on the 

21 day before the date of the enactment of the Revenue Rec22 onciliation Act of 1990). 

Æ 


kjohnson on DSK79L0C42 with BILLS