II 

111TH CONGRESS 

1ST SESSION S. 2755 

To amend the Internal Revenue Code of 1986 to provide an investment 

credit for equipment used to fabricate solar energy property, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 9, 2009 

Mr. MENENDEZ (for himself, Ms. STABENOW, Mr. BENNET, and Mrs. 

GILLIBRAND) 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 provide 

an investment credit for equipment used to fabricate 

solar energy property, 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 Manufacturing 

5 Jobs Creation Act’’. 

6 SEC. 2. INVESTMENT CREDIT FOR EQUIPMENT USED TO 

7 FABRICATE SOLAR ENERGY PROPERTY. 

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

9 48(a)(3) of the Internal Revenue Code of 1986 (defining 


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•S 2755 IS

1 energy property) is amended by striking ‘‘or’’ at the end 

2 of clause (vi), by adding ‘‘or’’ at the end of clause (vii), 

3 and by inserting after clause (vii) the following new clause: 

4 ‘‘(viii) equipment designed to be used 

5 for the fabrication of property described in 

6 clause (i) or paragraph (1) or (2) of sec7 tion 25D(d), including solar cells and mod8 ules that convert sunlight to electricity, but 

9 only with respect to periods ending before 

10 January 1, 2017.’’. 

11 (b) CREDIT PERCENTAGE.—Clause (i) of section 

12 48(a)(2)(A) of the Internal Revenue Code of 1986 (defin13 ing energy percentage) is amended by striking ‘‘and’’ at 

14 the end of subclause (III) and by inserting after subclause 

15 (IV) the following new subclause: 

16 ‘‘(V) energy property described 

17 in paragraph (3)(A)(viii), and’’.

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

19 this section shall apply to periods after the date of the 

20 enactment of this Act, under rules similar to the rules of 

21 section 48(m) of the Internal Revenue Code of 1986 (as 

22 in effect on the day before the date of the enactment of 

23 the Revenue Reconciliation Act of 1990). 


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1 SEC. 3. SOLAR ENERGY PROPERTY FABRICATION EQUIP2 MENT TREATED AS SPECIFIED ENERGY 

3 PROPERTY FOR ENERGY PROPERTY GRANTS 

4 IN LIEU OF CREDITS. 

5 (a) ADDITIONAL SPECIFIED ENERGY PROPERTY.— 

6 Section 1603(d)(3) of the American Recovery and Rein7 vestment Tax Act of 2009 is amended by striking ‘‘de8 scribed in clause (i) or (ii)’’ and inserting ‘‘described in 

9 clause (i), (ii) or (viii)’’. 

10 (b) PLACED IN SERVICE LIMITATION.—Paragraph 

11 (2) of section 1603(a) of the American Recovery and Rein12 vestment Tax Act of 2009 is amended by striking ‘‘but 

13 only if the construction of such property began during 

14 2009 or 2010.’’ and inserting the following: ‘‘but only if— 

15 ‘‘(A) the construction of such property 

16 began during 2009 or 2010, or 

17 ‘‘(B) in the case of property described in 

18 section 48(a)(3)(A)(viii) of the Internal Rev19 enue Code of 1986, is acquired by the taxpayer 

20 pursuant to a written binding contract which 

21 was entered into during 2009 or 2010.’’. 

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

23 this section shall take effect as if included in the enact24 ment of section 1603 of the American Recovery and Rein25 vestment Tax Act of 2009. 

Æ 


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