Energy and Tax Extenders Act of 2008

To amend the Internal Revenue Code of 1986 to provide incentives for energy production and conservation, to extend certain expiring provisions, to provide individual income tax relief, and for other purposes.

5/21/2008--Passed House amended. (This measure has not been amended since it was reported to the House on May 20, 2008. The summary of that version is repeated here.)
Renewable Energy and Job Creation Act of 2008 -Amends the Internal Revenue Code to provide tax incentives for energy production and conservation, to extend expiring tax provisions, and to extend tax benefits to individual and business taxpayers. Title I: Energy Tax Incentives - Subtitle A: Energy Production Incentives - Part I: Renewable Energy Incentives -
(Sec. 101) Extends:
(1) through 2009 the tax credit for producing electricity from qualified wind facilities; and
(2) through 2011 the tax credits for producing electricity from closed and open-loop biomass, geothermal or solar energy, small irrigation power, municipal solid waste, trash combustion, and qualified hydropower. Imposes a limit on such tax credit based upon investment in renewable resource facilities placed in service after 2009 in lieu of the current phaseout provisions for such credit. Expands the definitions of and rules for "open-loop biomass facility," "qualified trash combustion facility," and "nonhydroelectric dam" for purposes of such credit.

(Sec. 102) Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of the tax credit for producing electricity from renewable resources.
(Sec. 103) Extends through 2014 the energy tax credit for solar energy, fuel cell, and microturbine property. Allows a new energy tax credit for combined heat and power system property. Increases to $1,500 the credit limitation for fuel cell property. Modifies energy tax credit rules to allow:
(1) offsets of tax credit amounts against alternative minimum tax (AMT) liabilities; and
(2) public utility property to qualify for such credit.

(Sec. 104) Extends through 2014 the tax credit for residential energy efficient property. Increases to $4,000 the maximum dollar amount of such credit for solar electric property. Allows a credit for 30% of expenditures for wind turbines used to generate electricity in a residence and for geothermal heat pumps.

(Sec. 105) Extends deferral rules for gain from sales or dispositions by qualified electric utilities made prior to January 1, 2010.

(Sec. 106) Allows a new tax credit for investment in qualified new clean renewable energy bonds.
Part II: Carbon Mitigation Provisions -
(Sec. 111) Increases to 30% the investment tax credit rate for power generation projects using integrated gasification combined cycle and other advanced coal-based generation technology projects. Increases the maximum credit amounts allocable for such projects to $2.55 billion.

(Sec. 112) Increases to 30% the investment tax credit rate for coal gasification projects. Increases by $250 million the aggregate credit amounts for coal gasification projects.
(Sec. 113) Extends the excise tax on coal until the earlier of January 1, 2019, or the day after the first December 31st after December 31, 2007, on which there is no balance of repayable advances made to the Black Lung Disability Trust Fund and no unpaid interest on such advances.

(Sec. 114) Sets forth a special rule for refund claims of coal excise tax by certain coal producers and exporters.

(Sec. 115) Directs the Secretary of the Treasury to contract with the National Academy of Sciences for a comprehensive review of Internal Revenue Code provisions that have the largest effects on carbon and other greenhouse gas emissions. Requires the Academy to report to Congress on the results of such study not later than two years after the enactment of this Act. Authorizes appropriations.
Subtitle B: Transportation and Domestic Fuel Security Provisions -
(Sec. 121) Includes cellulosic biofuel within the definition of biomass ethanol plant property for purposes of bonus depreciation.
(Sec. 122) Extends through 2009 income and excise tax credits for biodiesel and renewable diesel used as fuel. Increases the rates of such credits.

(Sec. 123) Disqualifies foreign-produced fuel that is used or sold for use outside the United States for the income and excise tax credits for alcohol, biodiesel, renewable diesel, and alternative fuel production.

(Sec. 124) Allows a new tax credit for the production of qualified plug-in electric drive motor vehicles. Defines a "qualified plug-in electric drive vehicle" as a motor vehicle weighing less than 14,000 pounds that meets certain emission standards under the Clean Air Act and that is propelled to a significant extent by an electric motor that draws electricity from a rechargeable battery.

(Sec. 125) Allows an exclusion from the heavy truck excise tax for idling reduction devices and advanced insulation used in certain heavy trucks and trailers.

(Sec. 126) Revises tax incentives for investment in the New York Liberty Zone to repeal certain additional depreciation allowances and to allow a tax credit against payroll liabilities of New York Liberty Zone governmental units (i.e., New York State, the City of New York, or any agencies or instrumentalities thereof) for expenditures involving transportation infrastructure projects in or connecting with such Zone.

(Sec. 127) Allows employees to exclude reimbursements for bicycle commuting expenses from gross income.
(Sec. 128) Extends through 2010 the tax credit for installing nonhydrogen alternative fuel refueling property. Increases the rate of the tax credit for alternative fuel refueling property expenditures from 30 to 50% and raises the dollar limit for commercial properties to $50,000.
Subtitle C: Energy Conservation and Efficiency Provisions -
(Sec. 141) Authorizes the issuance of qualified energy conservation bonds to finance local government conservation and greenhouse gas reduction projects. Imposes a national limitation of $3 billion on the issuance of such bonds.

(Sec. 142) Extends the tax credit for nonbusiness energy property expenditures through 2008. Includes energy-efficient biomass fuel stoves as property eligible for such tax credit.

(Sec. 143) Extends the tax deduction for energy efficient commercial buildings through 2013.

(Sec. 144) Revises the amounts allowable under the tax credit for energy efficient appliances produced after 2007 (i.e., dish washers, clothes washers, and refrigerators) and extends such credit through 2010.
(Sec. 145) Allows an accelerated 10-year recovery period for the depreciation of qualified smart electric meters and smart electric grid systems.
(Sec. 146) Extends through FY2012 the authority to issue tax-exempt bonds for qualified green building and sustainable design projects.
Title II: One-Year Extension of Temporary Provisions - Subtitle A: Extensions Primarily Affecting Individuals -
(Sec. 201) Extends through 2008:
(1) the election to deduct state and local sales taxes in lieu of state and local income taxes;
(2) the tax deductions for qualified tuition and related expenses and for certain expenses of elementary and secondary school teachers;
(3) the exemption from withholding for interest-related and short-term capital gain dividends received from a regulated investment company;
(4) tax-free distributions from individual retirement plans (IRAs) for individuals called or ordered to active military duty and for charitable purposes;
(5) the election to include combat pay as earned income for purposes of the earned income tax credit;
(6) authority for use of qualified mortgage bonds to finance residences for veterans;
(7) special rules and definitions relating to regulated investment companies; and
(8) the tax exclusion for amounts received under qualified group legal services plans.
Subtitle B: Extensions Primarily Affecting Businesses -
(Sec. 221) Extends through 2008 the tax credit for increasing research activities. Sets forth a special rule for the computation of such tax credit for taxable years in which it terminates. Extends through 2008 other business-related tax provisions, including:
(1) the tax credits for Indian employment and railroad track maintenance;
(2) accelerated depreciation for qualified leasehold and restaurant improvements, for motorsports racing track facilities, and for business property on Indian reservations;
(3) the expensing allowance for environmental remediation costs;
(4) the tax deduction for income attributable to domestic production activities in Puerto Rico;
(5) the special rule for the tax treatment of certain payments to tax-exempt organizations by a controlled subsidiary;
(6) the authority for issuance of qualified zone academy bonds;
(7) tax incentives for investment in the District of Columbia, including tax-exempt economic development bonds and a first-time homebuyer tax credit;
(8) the economic development credit for American Samoa;
(9) the special rules for charitable contributions of food and book inventories;
(10) the increased tax deduction for corporate contributions of computer equipment and technology for educational purposes;
(11) the special rule relating to reductions in the basis of S corporation stock for charitable contributions of property; and
(12) work opportunity tax credit eligibility for Hurricane Katrina employees (through August 28, 2008).
Extends through 2009:
(1) the new markets tax credit;
(2) the Subpart F income exemption for active financing income; and
(3) expensing of qualified film and television production costs. Subtitle C: Other Extensions -
(Sec. 251) Makes permanent the authority for the Internal Revenue Service (IRS) to disclose tax return information related to terrorist activities.
(Sec. 252) Makes permanent the authority for the IRS to conduct undercover operations.
(Sec. 253) Makes permanent the authority for disclosure of tax return information to the Department of Veterans Affairs (VA) for veterans benefit determinations.
(Sec. 254) Extends through 2008 the increased payment ($10.50 to $13.25 per proof gallon) of distilled spirits excise tax to the Treasuries of Puerto Rico and the Virgin Islands.

(Sec. 255) Extends through 2008 parity requirements applicable to mental health benefits offered by group health plans.
Title III: Additional Tax Relief - Subtitle A: Individual Tax Relief -
(Sec. 301) Allows individual taxpayers an additional standard tax deduction in 2008 for state and local real property taxes. Limits the amount of such deduction to $350 ($700 for married individuals filing a joint tax return).

(Sec. 302) Lowers in 2008 (from $10,000 to $8,500) the earned income threshold amount for determining the refundable portion of the child tax credit.

(Sec. 303) Increases the alternative minimum tax (AMT) refundable credit amount for individuals who have long-term unused minimum tax credits from prior taxable years. Abates any underpayment of tax attributable to the application of special AMT rules for the treatment of incentive stock options.
Subtitle B: Business Related Provisions -
(Sec. 311) Allows attorneys a tax deduction in the current taxable year for reimbursable expenses and court costs which they pay or incur in connection with contingency fee cases.

(Sec. 312) Modifies rules relating to the expensing of film and television production costs.
Subtitle C: Modification of Penalty on Understatement of Taxpayer's Liability by Tax Return Preparer -
(Sec. 321) Modifies the standards for imposing penalties on tax return preparers for understatements of tax to require:
(1) substantial authority for a position with respect to an item on a tax return if such position was not disclosed with the return; and
(2) a reasonable basis for a position that was disclosed with the return. Requires tax return preparers to have a reasonable belief that a position with respect to a tax shelter or a reportable transaction (a transaction having a potential for tax avoidance or evasion) will more likely than not be sustained on its merits.
Subtitle D: Extension and Expansion of Certain GO Zone Incentives -
(Sec. 331) Allows taxpayers who claimed a casualty loss deduction for damage to a personal residence caused by Hurricanes Katrina, Rita, or Wilma and who subsequently received a grant as compensation for such damage to file an amended tax return to disallow the casualty loss deduction without payment of any tax penalty. Waives deadlines for starting construction for property in the Gulf Opportunity (GO) Zone eligible for bonus depreciation. Includes Colbert and Dallas Counties in Alabama within the GO Zone for purposes of tax-exempt bond financing.
Title IV: Revenue Provisions -
(Sec. 401) Requires the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of a nonqualified entity when there is no substantial risk of forfeiture of the rights to such compensation. Defines "nonqualified entity" as any foreign corporation unless substantially all of its income is:
(1) effectively connected with a trade or business in the United States; or
(2) subject to a comprehensive foreign income tax. Includes certain partnerships within such definition.

(Sec. 402) Delays until 2019 the application of special rules for the worldwide allocation of interest for purposes of computing the limitation on the foreign tax credit.
(Sec. 403) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to:
(1) repeal the adjustment to the estimated tax liability of corporations with at least $1 billion in assets for the third quarter of 2012; and
(2) increase the estimated tax payments of such corporations in the third quarter of 2013 by 37.75%.


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Sponsor

• Rep. Charles Rangel [D, NY-15]
• and 17 Co-Sponsors
  • Rep. Michael Arcuri [D, NY-24]
  • Rep. Earl Blumenauer [D, OR-3]
  • Rep. Joseph Crowley [D, NY-7]
  • Rep. Artur Davis [D, AL-7]
  • Rep. Gabrielle Giffords [D, AZ-8]
  • Rep. John Hall [D, NY-19]
  • Rep. Paul Hodes [D, NH-2]
  • Rep. John Larson [D, CT-1]
  • Rep. John Lewis [D, GA-5]
  • Rep. James McDermott [D, WA-7]
  • Rep. Jerry McNerney [D, CA-11]
  • Rep. Kendrick Meek [D, FL-17]
  • Rep. Richard Neal [D, MA-2]
  • Rep. Earl Pomeroy [D, ND-0]
  • Rep. Carol Shea-Porter [D, NH-1]
  • Rep. Christopher Van Hollen [D, MD-8]
  • Rep. Peter Welch [D, VT-0]
  close

Committees

• House Ways and Means

Amendments

This bill has no amendments.

Amendments to H.R.6049

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
May 14, 2008		May 21, 2008

Latest Vote

July 29, 2008Roll call number 190 in the Senate
Question: On the Cloture Motion (Upon Reconsideration Motion to Invoke Cloture on the Motion to Proceed to Consider H.R.6049 )
Required percentage of 'Aye' votes: 3/5 (60%)	Percentage of 'aye' votes: 53%	Result: Cloture Motion Rejected

Democrats Voting 'Aye'

Close

Sen. Daniel Akaka [D, HI]
Sen. Max Baucus [D, MT]
Sen. B. Evan Bayh [D, IN]
Sen. Joseph Biden [D, DE]
Sen. Jeff Bingaman [D, NM]
Sen. Barbara Boxer [D, CA]
Sen. Sherrod Brown [D, OH]
Sen. Robert Byrd [D, WV]
Sen. Maria Cantwell [D, WA]
Sen. Benjamin Cardin [D, MD]
Sen. Thomas Carper [D, DE]
Sen. Robert Casey [D, PA]
Sen. Hillary Clinton [D, NY]
Sen. Kent Conrad [D, ND]
Sen. Christopher Dodd [D, CT]
Sen. Byron Dorgan [D, ND]
Sen. Richard Durbin [D, IL]
Sen. Russell Feingold [D, WI]
Sen. Dianne Feinstein [D, CA]
Sen. Thomas Harkin [D, IA]
Sen. Daniel Inouye [D, HI]
Sen. Tim Johnson [D, SD]
Sen. John Kerry [D, MA]
Sen. Amy Klobuchar [D, MN]
Sen. Herbert Kohl [D, WI]
Sen. Mary Landrieu [D, LA]
Sen. Frank Lautenberg [D, NJ]
Sen. Patrick Leahy [D, VT]
Sen. Carl Levin [D, MI]
Sen. Blanche Lincoln [D, AR]
Sen. Claire McCaskill [D, MO]
Sen. Robert Menendez [D, NJ]
Sen. Barbara Mikulski [D, MD]
Sen. Patty Murray [D, WA]
Sen. Ben Nelson [D, NE]
Sen. Bill Nelson [D, FL]
Sen. Mark Pryor [D, AR]
Sen. John Reed [D, RI]
Sen. Harry Reid [D, NV]
Sen. John Rockefeller [D, WV]
Sen. Ken Salazar [D, CO]
Sen. Charles Schumer [D, NY]
Sen. Debbie Ann Stabenow [D, MI]
Sen. Jon Tester [D, MT]
Sen. Jim Webb [D, VA]
Sen. Sheldon Whitehouse [D, RI]
Sen. Ron Wyden [D, OR]

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Republicans Voting 'Aye'

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Sen. Norm Coleman [R, MN]
Sen. Susan Collins [R, ME]
Sen. Gordon Smith [R, OR]
Sen. Olympia Snowe [R, ME]

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Others Voting 'Aye'

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Sen. Joseph Lieberman [I, CT]
Sen. Bernard Sanders [I, VT]

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Democrats Voting 'Nay'

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Republicans Voting 'Nay'

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Sen. Lamar Alexander [R, TN]
Sen. Wayne Allard [R, CO]
Sen. John Barrasso [R, WY]
Sen. Robert Bennett [R, UT]
Sen. Christopher Bond [R, MO]
Sen. Samuel Brownback [R, KS]
Sen. Jim Bunning [R, KY]
Sen. Richard Burr [R, NC]
Sen. C. Saxby Chambliss [R, GA]
Sen. Thomas Coburn [R, OK]
Sen. Thad Cochran [R, MS]
Sen. Bob Corker [R, TN]
Sen. John Cornyn [R, TX]
Sen. Larry Craig [R, ID]
Sen. Michael Crapo [R, ID]
Sen. Jim DeMint [R, SC]
Sen. Elizabeth Dole [R, NC]
Sen. Pete Domenici [R, NM]
Sen. John Ensign [R, NV]
Sen. Michael Enzi [R, WY]
Sen. Lindsey Graham [R, SC]
Sen. Charles Grassley [R, IA]
Sen. Judd Gregg [R, NH]
Sen. Charles Hagel [R, NE]
Sen. Orrin Hatch [R, UT]
Sen. Kay Hutchison [R, TX]
Sen. James Inhofe [R, OK]
Sen. John Isakson [R, GA]
Sen. Jon Kyl [R, AZ]
Sen. Richard Lugar [R, IN]
Sen. Mel Martinez [R, FL]
Sen. Mitch McConnell [R, KY]
Sen. Lisa Murkowski [R, AK]
Sen. Pat Roberts [R, KS]
Sen. Jefferson Sessions [R, AL]
Sen. Richard Shelby [R, AL]
Sen. Arlen Specter [R, PA]
Sen. John Sununu [R, NH]
Sen. John Thune [R, SD]
Sen. David Vitter [R, LA]
Sen. George Voinovich [R, OH]
Sen. John Warner [R, VA]
Rep. Roger Wicker [R, MS-1]

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Others Voting 'Nay'

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Democrats Voting 'Abstain'

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Sen. Edward Kennedy [D, MA]
Sen. Barack Obama [D, IL]

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Republicans Voting 'Abstain'

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Sen. John McCain [R, AZ]
Sen. Ted Stevens [R, AK]

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Others Voting 'Abstain'

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See Full Voting History (5 votes)Hide Voting History     Show All Actions (33 actions)Hide Actions

Voting History

Date	Chamber	Question	Aye	Nay	Result
July 29, 2008	Senate	H.R.6049 Energy and Tax Extenders Act of 2008 On the Cloture Motion (Upon Reconsideration Motion to Invoke Cloture on the Motion to Proceed to Consider H.R.6049 )	53	43	Cloture Motion Rejected	See Vote
June 17, 2008	Senate	H.R.6049 Energy and Tax Extenders Act of 2008 On the Motion (Motion to Invoke Cloture on the Motion to Proceed to H. R. 6049 )	52	44	Motion Rejected	See Vote
June 10, 2008	Senate	H.R.6049 Energy and Tax Extenders Act of 2008 On the Cloture Motion (Motion to Invoke Cloture on the Motion to Proceed to Consider H.R. 6049 )	50	44	Cloture Motion Rejected	See Vote
May 21, 2008	House	H.R.6049 Energy and Tax Extenders Act of 2008 On Passage: H R 6049 Renewable Energy and Job Creation Act	263	160	Passed	See Vote
May 21, 2008	House	H.R.6049 Energy and Tax Extenders Act of 2008 On Motion to Recommit with Instructions: H R 6049 Renewable Energy and Job Creation Act	201	220	Failed	See Vote

All Bill Actions

• Jul 29, 2008: Upon reconsideration, cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 53 - 43. Record Vote Number: 190.
• Jul 29, 2008: Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to proceed to the measure [Record Vote Number 150] agreed to in Senate by Unanimous Consent.
• Jun 19, 2008: Motion to proceed to measure considered in Senate.
• Jun 18, 2008: Motion to proceed to measure considered in Senate.
• Jun 17, 2008: Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to proceed to the measure [Record Vote Number 150] made in Senate.
• Unknown action
• Jun 17, 2008: Motion to proceed to measure considered in Senate.
• Jun 16, 2008: Motion to proceed to measure considered in Senate.
• Jun 12, 2008: Cloture motion on the motion to proceed to the measure presented in Senate.
• Jun 12, 2008: Motion to proceed to consideration of measure made in Senate.
• Unknown action
• Jun 06, 2008: Cloture motion on the motion to proceed to the measure presented in Senate.
• Jun 06, 2008: Motion to proceed to consideration of measure made in Senate.
• Added to calendar on Jun 05, 2008: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 767..
• Jun 05, 2008: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
• Jun 04, 2008: Received in the Senate.
• Passed roll in the House on May 21, 2008. On passage Passed by recorded vote: 263 - 160 (Roll no. 344).
• May 21, 2008: On motion to recommit with instructions Failed by the Yeas and Nays: 201 - 220 (Roll no. 343).
• May 21, 2008: The previous question on the motion to recommit with instructions was ordered without objection.
• May 21, 2008: Floor summary: DEBATE - The House proceeded with ten minutes of debate on the McCrery motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment in the nature of a substitute which inserts a complete new text entitled "Alternative Minimum Tax and Extenders Tax Relief Act of 2008".
• May 21, 2008: Mr. McCrery moved to recommit with instructions to Ways and Means.
• May 21, 2008: The previous question was ordered pursuant to the rule.
• May 21, 2008: DEBATE - The House proceeded with one hour of debate on H.R. 6049.
• May 21, 2008: Rule provides for consideration of H.R. 6049 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The rule waives all points of order against consideration of the bill except those arising under clause 9 and 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill shall be considered as adopted.
• May 21, 2008: Considered under the provisions of rule H. Res. 1212.
• May 21, 2008: Rule H. Res. 1212 passed House.
• May 20, 2008: Rules Committee Resolution H. Res. 1212 Reported to House. Rule provides for consideration of H.R. 6049 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The rule waives all points of order against consideration of the bill except those arising under clause 9 and 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill shall be considered as adopted.
• Added to calendar on May 20, 2008: Placed on the Union Calendar, Calendar No. 415..
• May 20, 2008: Reported (Amended) by the Committee on Ways and Means. H. Rept. 110-658.
• Added to calendar on May 15, 2008: Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 12..
• May 15, 2008: Committee Consideration and Mark-up Session Held.
• May 14, 2008: Referred to the House Committee on Ways and Means.
• Introduced on May 14, 2008.

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Related Bills:

• H.Res.1212
• S.3125
• S.3335

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In the News

August 28, 2008 Payroll Issues

For example, in June the US House of Representatives passed a bill (HR 6049) that contains a fringe benefit provision for bicycle commuters. ...

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Source: Nevada Business Journal, NV

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August 21, 2008 PROS Holdings, Inc. Q2 2008 Earnings Call Transcript

In May 2008, the Renewable Energy and Job Creation Act of 2008 or HR 6049 passed the House of Representatives and is now in the Senate. ...

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August 07, 2008 Failure in a time of crisis

Remarkably, the US Senate recessed after failing to pass HR 6049 — the Renewable Energy and Job Creation Act of 2008 — although the majority of members of ...

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Source: Centre Daily Times, PA

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Blog Coverage

September 06, 2008 Support for Scotland's Renewable Energy Resources? or not?

Our senate recently had the opportunity to vote on HR 6049, a bill that would extend solar and other renewable energy tax credits for eight years. Compared to the Scottish issue I reference, this seems a simple bill and a no-brainer for ...

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Source: A Scottish Habit

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September 05, 2008 Senate September Calendar Preview

Senate Republicans blocked cloture on motions to proceed to both S.3335 and HR6049 before the break, but Sen. Reid and Sen. Baucus remain committed to re-extending incentives that will spur investment in the renewable-energy sector, ...

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September 04, 2008 Equal Pay, Oil Speculation and Alternative Energy on the Senate Calendar

via an email from Senate Democrats… We hope this message finds you enjoying the last days of the August recess. When the Senate goes back into session next week, we begin a busy work period with much legislative business to complete before the November

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