I 
111TH CONGRESS 
2D SESSION 
H. R. 5343 
To amend the Internal Revenue Code of 1986 to provide an investment 
tax credit for advanced biofuel production property. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2010 
Ms. HERSETH SANDLIN (for herself and Mr. HODES) introduced the following 
bill; which was referred to the Committee on Ways and Means, and in 
addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
an investment tax credit for advanced biofuel production 
property. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Advanced Biofuel In-
vestment Act of 2010’’. 
VerDate Mar 15 2010 
02:33 May 20, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5343.IH
H5343
jbell on DSKDVH8Z91PROD with BILLS
SEC. 2. INVESTMENT TAX CREDIT FOR QUALIFIED AD-
VANCED BIOFUEL PRODUCTION PROPERTY. 
(a) IN GENERAL.—Subparagraph (A) of section 
48(a)(3) of the Internal Revenue Code of 1986 (defining 
energy property) is amended by striking ‘‘or’’ at the end 
of clause (vi), by inserting ‘‘or’’ at the end of clause (vii), 
and by inserting after clause (vii) the following new clause: 
‘‘(viii) qualified advanced biofuel pro-
duction property,’’. 
(b) 30 PERCENT CREDIT.—Clause (i) of section 
48(a)(2)(A) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘and’’ at the end of subclause (III) 
and by inserting after subclause (IV) the following new 
subclause: 
‘‘(V) qualified advanced biofuel 
production property, and’’. 
(c) DEFINITIONS.—Subsection (c) of section 48 of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following new paragraph: 
‘‘(5) QUALIFIED ADVANCED BIOFUEL PRODUC-
TION PROPERTY.— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
advanced biofuel production property’ means 
property used in an advanced biofuel project. 
‘‘(B) ADVANCED BIOFUEL PROJECT.—The 
term ‘advanced biofuel project’ means a project 
VerDate Mar 15 2010 
02:33 May 20, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5343.IH
H5343
jbell on DSKDVH8Z91PROD with BILLS
certified by the Secretary of Energy as meeting 
the following requirements: 
‘‘(i) The property is used to produce 
advanced biofuel for sale to unrelated per-
sons (within the meaning of section 
45(e)(4)). 
‘‘(ii) The project will rely primarily on 
new or significantly improved technologies 
as compared to commercial technologies 
currently in service in the United States 
and used to produce advanced biofuel. 
‘‘(iii) Such other requirements as the 
Secretary of Energy, not later than 120 
days after the date of the Advanced 
Biofuel Investment Act of 2010, may by 
regulation prescribe to the extent necessary 
to carry out the purposes of this section, 
including encouraging private investment 
in projects which provide the greatest net 
impact in avoiding or reducing air pollut-
ants or anthropogenic emissions of green-
house gases, have the greatest readiness 
for commercial employment, replication, 
and further commercial use in the United 
States, and will introduce new technologies 
VerDate Mar 15 2010 
02:33 May 20, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5343.IH
H5343
jbell on DSKDVH8Z91PROD with BILLS