I 

111TH CONGRESS 

1ST SESSION H. R. 3135 

To amend the Internal Revenue Code of 1986 to provide additional incentives 

for facilities producing electricity from wind. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2009 

Mr. WALZ (for himself, Mr. PETERSON, Mr. OBERSTAR, Mr. MCINTYRE, Mr. 

PERRIELLO, Mr. BOSWELL, Ms. MCCOLLUM, and Mr. RODRIGUEZ) 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 provide 

additional incentives for facilities producing electricity 

from wind. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXEMPTION FROM PASSIVE ACTIVITY LIMITA4 TIONS FOR QUALIFIED WIND FACILITIES. 

5 (a) IN GENERAL.—Section 469 of the Internal Rev6 enue Code of 1986 (relating to passive activity losses and 

7 credits limited) is amended by redesignating subsections 

8 (l) and (m) as subsections (m) and (n), respectively, and 


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•HR 3135 IH

1 by inserting after subsection (k) the following new sub2 section: 

3 ‘‘(l) EXCEPTION FOR QUALIFIED WIND FACILI4 TIES.— 

5 ‘‘(1) IN GENERAL.—In the case of any natural 

6 person, subsection (a) shall not apply to that portion 

7 of the passive activity loss or the deduction equiva8 lent (within the meaning of subsection (j)(5)) of the 

9 passive activity credit for any taxable year which is 

10 attributable to any interest of such person in a facil11 ity described in section 45(d)(1) (relating to wind fa12 cility). 

13 ‘‘(2) SPECIAL RULE FOR ESTATES.—In the case 

14 of taxable years of an estate ending less than 2 

15 years after the date of the death of the decedent, 

16 this subsection shall apply to any interest in a facil17 ity described in section 45(d)(1) (relating to wind fa18 cility) held by the decedent on the date of his 

19 death.’’. 

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

21 this section shall apply to losses and credits taken into 

22 account in taxable years beginning after the date of the 

23 enactment of this Act. 


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•HR 3135 IH

1 SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM 

2 QUALIFIED WIND FACILITIES ALLOWED 

3 AGAINST ALTERNATIVE MINIMUM TAX. 

4 (a) IN GENERAL.—Subparagraph (B) of section 

5 38(c)(4) of the Internal Revenue Code of 1986 (relating 

6 to specified credits) is amended— 

7 (1) by striking ‘‘and’’ at the end of clause (vii), 

8 (2) by inserting ‘‘(other than a facility de9 scribed in clause (ix))’’ after ‘‘facility’’ in clause 

10 (iii)(I), 

11 (3) by striking the period at the end of clause 

12 (viii) and inserting ‘‘, and’’, and 

13 (4) by adding at the end the following new 

14 clause: 

15 ‘‘(ix) the credit determined under sec16 tion 45 to the extent that such credit is at17 tributable to electricity produced at a facil18 ity described in section 45(d)(1) (relating 

19 to wind facility).’’. 

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

21 this section shall apply to taxable years beginning after 

22 the date of the enactment of this Act. 

Æ 


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