Save our Bays Act
This bill amends the Internal Revenue Code to allow a new tax credit, through 2020, for developing and implementing a plan to address non-point pollution carried by surface water runoff on real property located in the United States within the boundaries of an estuary of national significance.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 3479
To amend the Internal Revenue Code of 1986 to provide a credit for
developing and implementing plans to address non-point source pollution
affecting nationally significant estuaries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2015
Mr. MacArthur (for himself, Mr. LoBiondo, and Mr. Smith of New Jersey)
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 a credit for
developing and implementing plans to address non-point source pollution
affecting nationally significant estuaries.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save our Bays Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to reduce non-point source pollution of
any estuary in the National Estuary Program by promoting investment in
any of the following:
(1) Restoring and improving soil functionality, including
by increasing water infiltration and water conservation.
(2) Increasing storm water retention onsite.
(3) Reducing impervious cover via usage of pervious
materials in patios, walkways, and other surfaces.
(4) Establishing a 10 to 25 foot wide buffer of native
plants on private property which abuts any water body or
wetland.
SEC. 3. NON-POINT SOURCE POLLUTION.
(a) In General.--Subpart B 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:
``SEC. 30E. NON-POINT SOURCE POLLUTION.
``(a) General Rule.--There shall be allowed as a credit against the
tax imposed by this chapter an amount equal to the sum of--
``(1) the non-point source pollution planning credit, plus
``(2) the non-point source pollution plan implementation
credit.
``(b) Non-Point Source Pollution Planning Credit.--For purposes of
this section, the non-point source pollution planning credit is an
amount equal to $500 for developing a plan to address non-point source
pollution carried by surface water runoff from eligible property that
is owned by the taxpayer and certified by the County Soil Conversation
District (in such manner as the County Soil Conversation District may
determine) in which the real property is located, and
``(c) Non-Point Source Pollution Plan Implementation Credit.--The
non-point source pollution plan implementation credit is an amount
equal to the lesser of--
``(1) the amount paid or incurred for implementing the plan
referred to in subsection (b)(1) to mitigate non-point source
pollution on eligible property that is owned by the taxpayer
and certified by the County Soil Conversation District in which
the real property is located, or
``(2) $2,500.
``(d) Eligible Property.--For purposes of this section, the term
`eligible property' means real property which is located in the United
States within the boundaries of an estuary of national significance, as
designated under section 320 of the Federal Water Pollution Control Act
(33 U.S.C. 1330), and from which there is non-point source pollution.
``(e) Special Rules.--For purposes of this section--
``(1) Application to noncontiguous parcels.--Each parcel of
noncontiguous real property shall be treated as separate.
``(2) Denial of double benefit.--
``(A) Income tax.--No deduction or credit shall be
allowed under any other provision of this chapter for
amounts paid or incurred to develop or implement a non-
point source pollution plan to the extent of amounts
allowed as a credit under this section relating to such
plan.
``(B) Other.--The amount of expenses otherwise
taken into account under subsection (a) with respect to
a taxpayer for a taxable year shall be reduced (before
the application of subsections (b), (c), and (d)) by
the aggregate amounts paid received by the taxpayer in
any calendar year in which the taxable year of the
taxpayer ends under title XII of the Food Security Act
of 1985 (16 U.S.C. 3801 et seq.).
``(3) Election.--This section shall not apply to a taxpayer
for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.
``(f) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.
``(g) Termination.--This section shall not apply to taxable years
beginning after December 31, 2020.''.
(b) Allowance as General Business Credit.--Section 38(b) of such
Code 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:
``(37) the portion of the non-point source pollution credit
to which section 30E(f)(1) applies.''.
(c) Clerical Amendment.--The table of contents for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30E. Non-point source pollution.''.
(d) Report.--
(1) Evaluation.--Not later than 1 year after the date of
the enactment of this Act, and every year thereafter for as
long as section 30E of the Internal Revenue Code of 1986 (as
added by this section) is in effect, the Administrator of the
Environmental Protection Agency and the Director of the U. S.
Geological Survey, acting through a joint working group which
the Administrator and the Director shall establish, shall
evaluate the effectiveness of the credit allowed under such
section 30E in achieving the purposes specified in section 2
and submit a report on such study and evaluation, together with
recommendations relating thereto, to the committees of Congress
specified in paragraph (2).
(2) Committees.--The committees specified in this paragraph
are the Committee on Ways and Means and the Committee on
Natural Resources of the House of Representatives and the
Committee on Environment and Public Works and the Committee on
Finance of the Senate.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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