I 113th CONGRESS 2d Session H. R. 3838 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Paulsen (for himself and Mr. Kind ) 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 concerned A BILL To amend the Internal Revenue Code of 1986 to provide a consumer renewable credit for utilities that sell intermittent renewable power.

1. Consumer renewable credit (a) Business credit (1) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Consumer renewable credit (a) General rule For purposes of section 38, in the case of an eligible taxpayer, the consumer renewable credit for any taxable year is an amount equal to the product of— (1) the renewable portfolio factor of such eligible taxpayer, and (2) the number of kilowatt hours of renewable electricity— (A) purchased or produced by such taxpayer, and (B) sold by such taxpayer to a retail customer during the taxable year and before January 1, 2020. (b) Renewable portfolio factor The renewable portfolio factor for an eligible taxpayer for any taxable year shall be determined in accordance with the following table: In the case of a renewable electricity percentage of: The renewable portfolio factor is: Less than 6 percent zero cents At least 6 percent but less than 8 percent 0.1 cents At least 8 percent but less than 12 percent 0.2 cents At least 12 percent but less than 16 percent 0.3 cents At least 16 percent but less than 20 percent 0.4 cents At least 20 percent but less than 24 percent 0.5 cents Equal to or greater than 24 percent 0.6 cents. (c) Definitions and special rules For purposes of this section— (1) Eligible taxpayer The term eligible taxpayer means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22) ). (2) Renewable electricity The term renewable electricity means electricity generated by— (A) any facility using wind to generate such electricity, or (B) any facility using solar energy to generate such electricity. (3) Renewable electricity percentage The term renewable electricity percentage means, with respect to any taxable year, the percentage of an eligible taxpayer’s total sales of electricity to retail customers that is derived from renewable electricity (determined without regard to whether such electricity was produced by the taxpayer). (4) Application of other rules For purposes of this section, rules similar to the rules of paragraphs (1), (3), and (5) of section 45(e) shall apply. (5) Credit allowed only with respect to one eligible entity No credit shall be allowed under subsection (a) with respect to renewable electricity purchased from another eligible entity if a credit has been allowed under this section or a payment has been made under section 6433 to such other eligible entity. (6) Credit and renewable electricity percentage enhancement (A) Native American wind and solar Any renewable electricity generated from a wind or solar energy facility located on Indian land, as defined in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ), shall for purposes of this section be considered as twice the electricity production as is actually produced from such facility. (B) Electric cooperative wind and solar Any renewable electricity generated from a wind or solar energy facility owned entirely by a mutual or cooperative electric company, as defined in section 501(c)(12), or section 1381(a)(2)(C), shall for purposes of this section be considered as one and one-half times the electricity production as is actually produced from such facility. (d) Coordination with payments The amount of the credit determined under this section with respect to any electricity shall be reduced to take into account any payment provided with respect to such electricity solely by reason of the application of section 6433. . (2) Credit made part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the consumer renewable credit determined under section 45S(a). . (3) Specified credit Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (v) the following new clause: (vi) the credit determined under section 45S. . (4) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Consumer renewable credit. . (b) Payments in lieu of credit (1) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Consumer renewable credit payments (a) In general If any eligible person sells renewable electricity to a retail customer, the Secretary shall pay (without interest) to any such person who elects to receive a payment an amount equal to the product of— (1) the renewable portfolio factor of such eligible person, and (2) the number of kilowatt hours of renewable electricity— (A) purchased or produced by such person, and (B) sold by such person in the trade or business of such person to a retail customer before January 1, 2020. (b) Timing of payments (1) In general Except as provided in paragraph (2), rules similar to the rules of section 6427(i)(1) shall apply for purposes of this section. (2) Quarterly payments (A) In general If, at the close of any quarter of the taxable year of any person (or fiscal year in the case of an eligible person that does not have a taxable year), at least $750 is payable in the aggregate under subsection (a), to such person with respect to electricity purchased or produced during— (i) such quarter, or (ii) any prior quarter (for which no other claim has been filed) during such year, a claim may be filed under this section with respect to such electricity. (B) Time for filing claim No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. (c) Definitions and special rules For purposes of this section— (1) Eligible person The term eligible person means an electric utility (as defined in section 3(22) of the Federal Power Act, 16 U.S.C. 796(22) ) or a Federal power marketing agency as defined in section 3(19) of the Federal Power Act. (2) Other definitions Any term used in this section which is also used in section 45S shall have the meaning given such term under section 45S. (3) Application of other rules For purposes of this section, rules similar to the rules of paragraphs (1) and (3) of section 45(e) shall apply. (d) Payment disallowed unless amount passed to third-Party generators charged for integration costs (1) In general In the case of renewable electricity eligible for the payment under subsection (a) that is purchased and not produced by an eligible person, no payment shall be made under this section unless any charge the eligible person has assessed the seller to recover the integration costs associated with such electricity has been reduced (but not below zero) to the extent of the payment received under subsection (a) associated with such electricity. (2) Definitions For purposes of paragraph (1), charges intended to recover integration costs do not include amounts paid by the producer of the electricity for interconnection facilities, distribution upgrades, network upgrades, or stand-alone network upgrades as those terms have been defined by the Federal Energy Regulatory Commission in its Standard Interconnection Procedures. (e) Payment allowed for Special Generating and Transmitting Entities (1) In general Notwithstanding subsection (a)(1)(B), an entity that is a special generating and transmitting entity shall be eligible for a payment under this section for renewable electricity it transmits, regardless of whether such utility purchased or sold such electricity for its customers. (2) Definitions For purposes of this subsection, the term special generating and transmitting entity means— (A) an entity that is primarily engaged in marketing electricity and— (i) provides transmission service for over four thousand megawatts of renewable generating facilities, as determined by reference to the machine or nameplate capacity thereof, and (ii) transmits the majority of its renewable electricity transmitted to customers located outside the region it serves, or (B) an entity that is a generation and transmission cooperative, which engages primarily in providing wholesale electric service to its members, generally consisting of distribution cooperatives. . (2) Clerical amendment The table of sections for subpart B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6433. Renewable electricity integration payments. . (c) Effective date The amendments made by this section shall apply to electricity sold to retail customers after the date of the enactment of this Act.