No Bonuses During Blackouts Act of 2019

To amend the Internal Revenue Code of 1986 to impose the alternative minimum tax on certain State regulated electric utilities that have not fully adopted climate-resilient infrastructure. 1. Short title This Act may be cited as the No Bonuses During Blackouts Act of 2019 2. Alternative minimum tax imposed on certain State regulated electric utilities (a) In general Section 55(a) a corporation described in subsection (f) or In the case of (b) Certain State regulated electric utilities Section 55 (f) Certain State regulated electric utilities (1) In general A corporation is described in this subsection if it is— (A) a State regulated electric utility (as such term is defined in section 3(18) of the Public Utility Regulatory Policies Act of 1978), (B) a debtor in a case commenced under title 11 of the United States Code on January 29, 2019, and (C) a corporation that— (i) makes payments, other than payments of salary, that are incentive-based cash payments to any of the 13 highest-compensated employees of such corporation, or (ii) owns or leases infrastructure other than climate-resilient infrastructure. (2) Climate-resilient infrastructure For purposes of this section, the term climate-resilient infrastructure (3) Special rule for affiliated groups If any member of an affiliated group of corporations that files a consolidated return is a corporation described in this subsection, all members of such group shall be considered corporations described in this subsection for purposes of chapter 6 . (c) Conforming Amendments (1) Section 38(c)(6) described in section 55(f) In the case of a corporation (2) Section 53(d)(2) of such Code is amended by inserting described in section 55(f) in the case of a corporation (3) Section 55(b)(1) of such Code is amended to read as follows: (1) Amount of tentative tax (A) Noncorporate taxpayers (i) In general In the case of a taxpayer other than a corporation, the tentative minimum tax for the taxable year is the sum of— (I) 26 percent of so much of the taxable excess as does not exceed $175,000, plus— (II) 28 percent of so much of the taxable excess as exceeds $175,000. The amount determined under the preceding sentence shall be reduced by the alternative minimum tax foreign tax credit for the taxable year. (ii) Taxable excess For purposes of this subsection, the term taxable excess (iii) Married individual filing separate return In the case of a married individual filing a separate return, clause (i) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under subclause (I) and subclause (II) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. (B) Corporations In the case of a corporation described in subsection (f), the tentative minimum tax for the taxable year is— (i) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by (ii) the alternative minimum tax foreign tax credit for the taxable year. . (4) Section 55(b)(3) of such Code is amended by striking paragraph (1)(A) paragraph (1)(A)(i) (5) Section 59(a) of such Code is amended— (A) in paragraph (1)(C), by striking section 55(b)(1) in lieu of the highest rate of tax specified in section 1 subparagraph (A)(i) or (B)(i) of section 55(b)(1) (whichever applies) in lieu of the highest rate of tax specified in section 1 or 11 (whichever applies) (B) in paragraph (2), by striking means means— (A) in the case of a taxpayer other than a corporation, the amount determined under the first sentence of section 55(b)(1)(A)(i), or (B) in the case of a corporation described in section 55(f), the amount determined under section 55(b)(1)(B)(i). . (6) Section 897(a)(2)(A) of such Code is amended by striking section 55(b)(1) section 55(b)(1)(A) (7) Section 911(f) of such Code is amended— (A) by striking section 55(b)(1)(B) section 55(b)(1)(A)(ii) (B) in paragraph (1)(B), by striking section 55(b)(1)(A) section 55(b)(1)(A)(i) (8) Section 55(c)(1) of such Code is amended by inserting before the first period the following: , the section 936 credit allowable under section 27(b), and the Puerto Rico economic activity credit under section 30A (9) Section 55(d) of such Code is amended— (A) redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following: (2) Corporations In the case of a corporation, the term exemption amount ; (B) in paragraph (3) (as so redesignated), by striking and , and (D) $150,000 in the case of a taxpayer described in paragraph (2). ; (C) in paragraph (4) (as so redesignated)— (i) in subparagraph (B)(i), by striking (b)(1)(A) (b)(1)(A)(i) (ii) in subparagraph (B)(iii), by striking paragraph (2) paragraph (3) (10) Section 55 of such Code is amended by restoring subsection (e) as though it had not been struck by Public Law 115–97 (11) Section 56(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following: (C) Special rule for personal holding companies In the case of circulation expenditures described in section 173, the adjustments provided in this paragraph shall apply also to a personal holding company (as defined in section 542). . (12) Section 56 of such Code is amended by restoring subsections (c) and (g) as though they had not been struck by Public Law 115–97 (13) Section 847(9) of such Code is amended by adding at the end the following: Nothing in the preceding sentence shall be construed to affect the application of section 56(g) (relating to adjustments based on adjusted current earnings). (14) Section 848 of such Code is amended by restoring subsection (i) as though it had not been struck by Public Law 115–97 (15) Section 58(a) of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting the following after paragraph (2): (3) Application to personal service corporations For purposes of paragraph (1), a personal service corporation (within the meaning of section 469(j)(2)) shall be treated as a taxpayer other than a corporation. . (16) Section 59 of such Code is amended by restoring subsections (b) and (f) as though they had not been struck by Public Law 115–97 (17) Section 11(d) of such Code is amended by striking the tax imposed by subsection (a) the taxes imposed by subsection (a) and section 55 (18) Section 12 of such Code is amended by restoring paragraph (7) as though it had not been struck by Public Law 115–97 (19) Section 168(k) of such Code is amended by restoring paragraph (4) as though it had not been struck by Public Law 115–97 (20) Section 882(a)(1) of such Code is amended by inserting , 55, section 11 (21) Section 962(a)(1) of such Code is amended by inserting and 55 section 11 (22) Section 1561(a) of such Code is amended— (A) by striking and , and (3) one $40,000 exemption amount for purposes of computing the amount of the minimum tax. ; and (B) by restoring the last sentence as though it had not been struck by Public Law 115–97 (23) Section 6425(c)(1)(A) of such Code is amended to read as it read before the passage of Public Law 115–97 (24) Section 6655(e)(2) of such Code is amended by inserting and alternative minimum taxable income Public Law 115–97 (25) Section 6655(g)(1)(A) of such Code is amended by striking plus (ii) the tax imposed by section 55, plus . (d) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2019.

Summary: No Bonuses During Blackouts Act of 2019 This bill imposes the alternative minimum tax on state regulated electric utilities that are in bankruptcy reorganization and that make incentive-based payments, other than salary, to any of their 13 highest compensated employees, or that own or lease infrastructure other than climate-resilient infrastructure (i.e., infrastructure capable of reducing the impact of major weather events and natural disasters).