I 
116TH CONGRESS 
1ST SESSION H. R. 5409 
To amend the Internal Revenue Code to provide tax credits for energy 
storage technology, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2019 
Mr. CURTIS introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To amend the Internal Revenue Code to provide tax credits 
for energy storage technology, and for other purposes. 
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 ‘‘Incentivizing New and 
Valuable Energy Storage Technology (INVEST) Act of 
2019’’. 
SEC. 2. ENERGY CREDIT FOR ENERGY STORAGE TECH-
NOLOGIES. 
(a) 
IN
GENERAL.—Subclause 
(II) 
of 
section 
48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is 
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amended by striking ‘‘paragraph (3)(A)(i)’’ and inserting 
‘‘clause (i) or (viii) of paragraph (3)(A)’’. 
(b) ENERGY STORAGE TECHNOLOGIES.—Subpara-
graph (A) of section 48(a)(3) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘or’’ at the end of 
clause (vi), by adding ‘‘or’’ at the end of clause (vii), and 
by adding at the end the following new clause: 
‘‘(viii) 
equipment 
which 
receives, 
stores, and delivers energy using batteries, 
compressed air, pumped hydropower, hy-
drogen storage (including hydrolysis), ther-
mal energy storage, regenerative fuel cells, 
flywheels, 
capacitors, 
superconducting 
magnets, or other technologies identified 
by the Secretary in consultation with the 
Secretary of Energy, and which has a ca-
pacity of not less than 5 kilowatt hours,’’. 
(c) PHASEOUT OF CREDIT.—Paragraph (6) of sec-
tion 48(a) of the Internal Revenue Code of 1986 is amend-
ed— 
(1) by striking ‘‘ENERGY’’ in the heading and 
inserting ‘‘AND ENERGY STORAGE’’; and 
(2) by striking ‘‘paragraph (3)(A)(i)’’ both 
places it appears and inserting ‘‘clause (i) or (viii) 
of paragraph (3)(A)’’. 
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(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2018. 
SEC. 3. RESIDENTIAL ENERGY EFFICIENT PROPERTY 
CREDIT 
FOR 
BATTERY 
STORAGE 
TECH-
NOLOGY. 
(a) IN GENERAL.—Subsection (a) of section 25D of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘and’’ at the end of paragraph (4), by inserting ‘‘and’’ 
after the comma at the end of paragraph (5), and by add-
ing at the end the following new paragraph: 
‘‘(6) the qualified battery storage technology ex-
penditures,’’. 
(b) QUALIFIED BATTERY STORAGE TECHNOLOGY 
EXPENDITURE.—Subsection (d) of section 25D of the In-
ternal Revenue Code of 1986 is amended by adding at the 
end the following new paragraph: 
‘‘(6) QUALIFIED
BATTERY
STORAGE
TECH-
NOLOGY
EXPENDITURE.—The term ‘qualified bat-
tery storage technology expenditure’ means an ex-
penditure for battery storage technology which— 
‘‘(A) is installed on or in connection with 
a dwelling unit located in the United States and 
used as a residence by the taxpayer, and 
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‘‘(B) has a capacity of not less than 3 kilo-
watt hours.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to expenditures paid or incurred 
in taxable years beginning after December 31, 2018. 
SEC. 4. PUBLIC UTILITY PROPERTY. 
(a) IN GENERAL.—Paragraph (2) of section 50(d) of 
the Internal Revenue Code of 1986 is amended— 
(1) by adding after the first sentence the fol-
lowing new sentence: ‘‘At the election of a taxpayer, 
this paragraph shall not apply to energy property 
described in clause (viii) of section 48(a)(3)(A) that 
is placed in service by the taxpayer after December 
31, 2018, provided—’’; and 
(2) by adding the following new subparagraphs: 
‘‘(A) no election under this paragraph shall 
be permitted if the making of such election is 
prohibited by, or required by, a State or polit-
ical subdivision thereof, by any agency or in-
strumentality of the United States, or by a pub-
lic service or public utility commission or other 
similar body of any State or political subdivi-
sion that regulates public utilities as described 
in section 7701(a)(33)(A), 
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