I 

118TH CONGRESS 

1ST SESSION H. R. 5803 

To amend the Internal Revenue Code of 1986 to establish a tax credit 

for installation of regionally significant electric power transmission lines. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2023 

Mr. HORSFORD (for himself and Ms. LEE of Nevada) 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 establish 

a tax credit for installation of regionally significant electric power transmission lines. 

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 ‘‘Grid Resiliency Tax 

5 Credit Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) A robust electric power transmission system 

9 is critical to the economic, energy, and national se10 curity of the United States. 


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1 (2) The electric grid faces challenges from 

2 aging infrastructure and a need for increased elec3 tric power transmission capacity. 

4 (3) The United States faces a pressing need to 

5 expand electric power transmission. 

6 (4) Electric power transmission investments 

7 will— 

8 (A) improve resilience by enabling access 

9 to diverse generation resources across the coun10 try; 

11 (B) promote economic benefits and create 

12 new jobs in communities across the country; 

13 and 

14 (C) enhance electric grid reliability. 

15 SEC. 3. ESTABLISHMENT OF ELECTRIC POWER TRANS16 MISSION LINES. 

17 (a) IN GENERAL.—Subpart E of part IV of sub18 chapter A of chapter 1 of the Internal Revenue Code of 

19 1986 is amended by inserting after section 48E the fol20 lowing new section: 

21 ‘‘SEC. 48F. QUALIFYING ELECTRIC POWER TRANSMISSION 

22 LINE CREDIT. 

23 ‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec24 tion 46, the qualifying electric power transmission line 

25 credit for any taxable year is an amount equal to 30 perVerDate Sep 11 2014 04:16 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5803.IH H5803

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1 cent of the qualified investment for such taxable year with 

2 respect to any qualifying electric power transmission line 

3 property of the taxpayer. 

4 ‘‘(b) QUALIFYING INVESTMENT.— 

5 ‘‘(1) IN GENERAL.—For purposes of subsection 

6 (a), the qualified investment for any taxable year is 

7 the basis of any qualifying electric power trans8 mission line property placed in service by the tax9 payer during such taxable year. 

10 ‘‘(2) CERTAIN QUALIFIED PROGRESS EXPENDI11 TURES RULES MADE APPLICABLE.—Rules similar to 

12 the rules of subsections (c)(4) and (d) of section 46 

13 (as in effect on the day before the enactment of the 

14 Revenue Reconciliation Act of 1990) shall apply for 

15 purposes of this section. 

16 ‘‘(c) QUALIFYING ELECTRIC POWER TRANSMISSION

17 LINE PROPERTY.—For purposes of this section, the term 

18 ‘qualifying electric power transmission line property’ 

19 means any overheard, submarine, or underground prop20 erty— 

21 ‘‘(1) which is a qualifying electric power trans22 mission line that transmits electricity— 

23 ‘‘(A) across not less than 2 States or not 

24 less than 150 continuous miles, or 


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1 ‘‘(B) across the Outer Continental Shelf 

2 (as defined in section 2 of the Outer Conti3 nental Lands Act (43 U.S.C. 1331)), or 

4 ‘‘(2) which is related transmission property. 

5 ‘‘(d) QUALIFYING ELECTRIC POWER TRANSMISSION

6 LINE.—For purposes of this section— 

7 ‘‘(1) IN GENERAL.—The term ‘qualifying elec8 tric power transmission line’ means any of the fol9 lowing: 

10 ‘‘(A) NEW TRANSMISSION PROPERTY.— 

11 ‘‘(i) IN GENERAL.—Any electric power 

12 transmission line which is— 

13 ‘‘(I) originally placed in service 

14 after the date of enactment of this 

15 section, 

16 ‘‘(II) primarily used for one or 

17 more purposes described in clause (ii), 

18 and 

19 ‘‘(III) described in clause (iv). 

20 ‘‘(ii) PURPOSES DESCRIBED.—The 

21 purposes described in this clause are— 

22 ‘‘(I) enhancing resilience to pre23 pare for, withstand, and recover rap24 idly from disruptions from the impact 


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1 of weather events, wildfires, or natural 

2 disasters, 

3 ‘‘(II) addressing clearance con4 cerns, 

5 ‘‘(III) facilitating the inter6 connection of electric generation ca7 pacity to the bulk-power system (as 

8 defined in section 215 of the Federal 

9 Power Act), or 

10 ‘‘(IV) addressing high load needs 

11 of 2,000 ampere and above. 

12 ‘‘(iii) MULTIPLE TRANSMISSION LINES

13 LOCATED IN THE SAME RIGHT-OF-WAY.—A 

14 transmission line is described in this clause 

15 if such a transmission line— 

16 ‘‘(I) is co-located in the same 

17 right-of-way or adjacent right-of-way 

18 as one or more other overhead, sub19 marine, or underground transmission 

20 lines, and 

21 ‘‘(II) together with the other 

22 transmission lines described in sub23 clause (I), has a transmission capacity 

24 of not less than 1,000 megawatts. 


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1 ‘‘(iv) ADDITIONAL REQUIREMENTS

2 FOR NEW TRANSMISSION PROPERTY.—An 

3 electric power transmission line is de4 scribed in this clause if— 

5 ‘‘(I) such transmission line— 

6 ‘‘(aa) includes an advanced 

7 transmission conductor, and 

8 ‘‘(bb) is capable of transmit9 ting electricity at a voltage of not 

10 less than 100 kilovolts, or 

11 ‘‘(II) such transmission line— 

12 ‘‘(aa) is— 

13 ‘‘(AA) capable of trans14 mitting electricity at a volt15 age of not less than 345 

16 kilovolts, or 

17 ‘‘(BB) a super18 conducting transmission 

19 line, and 

20 ‘‘(bb) has a transmission ca21 pacity of not less than 750 

22 megawatts or is a transmission 

23 line described in clause (iii). 


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1 ‘‘(B) MODIFICATION OF EXISTING TRANS2 MISSION PROPERTY.—Any electric power trans3 mission line which— 

4 ‘‘(i) was placed in service before the 

5 date of the enactment of this section, 

6 ‘‘(ii) is modified after the date of the 

7 enactment of this Act in a manner that in8 creases the transmission capacity of such 

9 transmission line by not less than 500 

10 megawatts, and 

11 ‘‘(iii) after the completion of such 

12 modification, is an electric power trans13 mission line which satisfies the require14 ments under subclauses (II) and (III) of 

15 subparagraph (A)(i). 

16 ‘‘(2) ADVANCED TRANSMISSION CONDUCTOR.— 

17 The term ‘advanced transmission conductor’ means 

18 a transmission conductor technology that uses re19 cently developed technology or materials such as a 

20 composite core and such other future advances as 

21 determined by the Secretary, in consultation with 

22 the Secretary of Energy. 

23 ‘‘(3) SUPERCONDUCTING TRANSMISSION

24 LINE.—The term ‘superconducting transmission line’ 


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1 means a transmission line that conducts all of its 

2 current over a super-conducting material. 

3 ‘‘(e) RELATED TRANSMISSION PROPERTY.—For pur4 poses of this section— 

5 ‘‘(1) IN GENERAL.—The term ‘related trans6 mission property’ means any of the following: 

7 ‘‘(A) TRANSMISSION PROPERTY USED FOR

8 INTERCONNECTION OR GENERATOR TIE-LINE.— 

9 Any electric power transmission line which is— 

10 ‘‘(i) placed in service after the date of 

11 enactment of this section, 

12 ‘‘(ii) primarily used— 

13 ‘‘(I) as a generator interconnec14 tion tie line at an associated facility 

15 that extends from the secondary 

16 (high) side of a generator step-up 

17 transformer to the point of inter18 connection with the host transmission 

19 owner from interconnecting new gen20 eration resources or facilities to the 

21 electric grid, or 

22 ‘‘(II) for network upgrades asso23 ciated with the interconnection of new 

24 generation resources or facilities to 

25 the electric grid, 


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1 ‘‘(iii) primarily used for one or more 

2 purposes described in subparagraph 

3 (d)(1)(A)(ii), and 

4 ‘‘(iv) capable of transmitting elec5 tricity at a voltage of not less than 230 

6 kilovolts. 

7 ‘‘(B) GRID ENHANCING TECHNOLOGY.— 

8 Any grid enhancing technology property used in 

9 the operation of the electric power transmission 

10 line described in subparagraph (A) or (B) of 

11 subsection (d)(1). 

12 ‘‘(C) SUBCOMPONENTS.—Any conductors 

13 or cables, towers, insulators, reactors, capaci14 tors, circuit breakers, static VAR compensators, 

15 static synchronous compensators, power con16 verters, transformers, synchronous condensers, 

17 braking resistors, and any ancillary facilities 

18 and equipment necessary for the proper oper19 ation of the electric transmission line described 

20 in subparagraph (A) or (B) of subsection (d)(1) 

21 or for the proper operation of any property de22 scribed in subsection (1)(A). 

23 ‘‘(2) GRID ENHANCING TECHNOLOGY PROP24 ERTY.—The term ‘grid enhancing technology prop25 erty’ means power flow controls and transmission 


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1 switching equipment, storage technology, and hard2 ware or software that enables dynamic line ratings, 

3 advanced line rating management technologies, on 

4 new or existing transmission property for the pur5 pose of enhancing the capacity, efficiency, resiliency, 

6 or reliability of an electric power transmission sys7 tem and such other similar property determined by 

8 the Secretary, in consultation with the Secretary of 

9 Energy. 

10 ‘‘(f) TERMINATION.—This section shall not apply to 

11 any property the construction of which begins after De12 cember 31, 2033.’’. 

13 (b) PUBLIC UTILITY PROPERTY.—Paragraph (2) of 

14 section 50(d) of the Internal Revenue Code is amended— 

15 (1) by striking ‘‘(as defined in section 

16 48(c)(6))’’ and inserting ‘‘(as defined in section 

17 48(c)(6), except that subparagraph (D) of such sec18 tion shall not apply) or any qualifying electric power 

19 transmission line property (as defined by section 

20 48F(c))’’, and 

21 (2) in subparagraph (B)— 

22 (A) by inserting ‘‘or qualifying electric 

23 transmission line property’’ after ‘‘each energy 

24 storage technology’’, and 


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1 (B) by inserting ‘‘or the qualifying electric 

2 transmission line property’’ after ‘‘the energy 

3 storage technology’’. 

4 (c) TRANSFER OF CERTAIN CREDITS.—Section 

5 6418(f)(1)(A) of the Internal Revenue Code of 1986 is 

6 amended by adding the following new clause: 

7 ‘‘(xii) The qualifying electric power 

8 transmission line credit under section 

9 48F.’’. 

10 (d) CONFORMING AMENDMENTS.— 

11 (1) Section 46 of the Internal Revenue Code of 

12 1986 is amended— 

13 (A) by striking ‘‘and’’ at the end of para14 graph (6), 

15 (B) by striking the period at the end of 

16 paragraph (7) and inserting ‘‘, and’’, and 

17 (C) by adding at the end the following new 

18 paragraph: 

19 ‘‘(8) the qualifying electric power transmission 

20 line credit.’’. 

21 (2) Section 49(a)(1)(C) of such Code is amend22 ed— 

23 (A) by striking ‘‘and’’ at the end of clause 

24 (vii), 


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1 (B) by striking the period at the end of 

2 clause (viii) and inserting ‘‘, and’’, and 

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

4 clause: 

5 ‘‘(ix) the basis of any qualifying elec6 tric power transmission line property under 

7 section 48F.’’. 

8 (3) The table of sections for subpart E of part 

9 IV of subchapter A of chapter 1 of such Code is 

10 amended by inserting after the item relating to sec11 tion 48E the following new item: 

‘‘Sec. 48F. Qualifying electric power transmission line credit.’’. 

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

13 this section shall apply to property placed in service after 

14 December 31, 2023. 

Æ 


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