HR 152 IHCommentsClose CommentsPermalink

To amend the Internal Revenue Code to provide for a refundable tax credit for heating fuels and to create a grant program for States to provide individuals with loans to weatherize their homes.CommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Mrs. MCCARTHY of New York (for herself, Mr. HINCHEY, Ms. SUTTON, Mr. WEINER, Mr. COHEN, Mr. CARNEY, and Mr. SIRES) 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 concernedCommentsClose CommentsPermalink

To amend the Internal Revenue Code to provide for a refundable tax credit for heating fuels and to create a grant program for States to provide individuals with loans to weatherize their homes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Home Heating Fuels Cost Relief Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. REFUNDABLE CREDIT FOR CERTAIN INDIVIDUALS USING HOME HEATING FUELS.

(a) In General- Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 37 as section 38 and by inserting after section 36 the following new section:CommentsClose CommentsPermalink

‘SEC. 37. USE OF HOME HEATING FUELS IN HOMES.

‘(a) Allowance of Credit- In the case of an eligible individual, there shall be allowed to the taxpayer as a credit against the tax imposed by this chapter for the taxable year an amount equal to amounts paid or incurred by the taxpayer during the taxable year for heating oil, natural gas, and propane to heat the principal place of abode of the taxpayer.CommentsClose CommentsPermalink





‘(b) Limitations-CommentsClose CommentsPermalink





‘(1) LIMITATION BASED ON DOLLAR AMOUNT- The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $1,000 ($2,000 in the case of a joint return).CommentsClose CommentsPermalink





‘(2) LIMITATION BASED ON ADJUSTED GROSS INCOME- No amount shall be allowed as a credit under subsection (a) for a taxable year in the case of a taxpayer whose adjusted gross income exceeds $100,000 ($200,000 in the case of a joint return).CommentsClose CommentsPermalink





‘(c) Eligible Individual-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of this section, the term ‘eligible individual’ means any individual whose principal place of abode is in the United States.CommentsClose CommentsPermalink





‘(2) EXCEPTION- Except as provided in paragraph (3), such term shall not include any individual--CommentsClose CommentsPermalink





‘(A) who is not a citizen or lawful permanent resident of the United States, orCommentsClose CommentsPermalink





‘(B) with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins.CommentsClose CommentsPermalink





‘(3) SPECIAL RULE FOR MARRIED INDIVIDUALS- In the case of persons married to each other, if one spouse is an eligible individual, the other spouse shall be treated as an eligible individual for purposes of this subsection.CommentsClose CommentsPermalink





‘(d) Denial of Double Benefit- For purposes of this section, no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.CommentsClose CommentsPermalink





‘(e) Termination- This section shall not apply to any taxable year beginning after December 31, 2009.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ‘37,’ after ‘36,’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 37 and inserting the following new items:CommentsClose CommentsPermalink





‘Sec. 37. Use of home heating fuels in homes.CommentsClose CommentsPermalink





‘Sec. 38. Overpayments of tax.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2007.CommentsClose CommentsPermalink

SEC. 3. GRANTS TO STATES TO CREATE HOME WEATHERIZATION LOAN PROGRAMS.

(a) In General- The Secretary shall carry out a program to make grants to States in accordance with this section to create revolving loan funds to provide eligible individuals with loans to purchase weatherization materials for the purpose of weatherizing the principal place of abode of the individual.CommentsClose CommentsPermalink





(b) Establishment of Fund- To be eligible to receive a grant under this section, a State shall establish a weatherization revolving loan fund (referred to in this section as the ‘State loan fund’) and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State.CommentsClose CommentsPermalink





(c) Applications-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall issue requirements for applying for grants under this section.CommentsClose CommentsPermalink





(2) DETERMINATION OF GRANT AMOUNTS- In determining the amount of the grant awarded to a State, the Secretary shall consider--CommentsClose CommentsPermalink





(A) the incidence of extreme winter or summer temperatures within the State;CommentsClose CommentsPermalink





(B) the average age of homes within the State; andCommentsClose CommentsPermalink





(C) such other factors as the Secretary determines are appropriate.CommentsClose CommentsPermalink





(d) Program Requirements-CommentsClose CommentsPermalink





(1) USE OF FUNDS-CommentsClose CommentsPermalink





(A) IN GENERAL- Amounts deposited in a State loan fund, including loan repayments and interest earned on such amounts, shall be used only for providing loans to eligible individuals to purchase weatherization materials for the purpose of weatherizing the principal place of abode of the individual.CommentsClose CommentsPermalink





(B) LOAN AMOUNT LIMITATIONS-CommentsClose CommentsPermalink





(i) INDIVIDUALS- Subject to clause (ii), the total amount of all loans made from the State loan fund to an eligible individual during a calendar year may not exceed $5,000.CommentsClose CommentsPermalink





(ii) DWELLING- The combined amount of all loans made from the State loan fund to eligible individuals living within a single dwelling during a calendar year may not exceed $10,000.CommentsClose CommentsPermalink





(C) INCOME LIMITATION AND INTEREST RATES-CommentsClose CommentsPermalink





(i) For an eligible individual with adjusted gross income for the previous taxable year of $100,000 or less, the annual interest rate for each loan shall be 1 percent.CommentsClose CommentsPermalink





(ii) For an eligible individual with adjusted gross income for the previous taxable year of more than $100,000 but no more than $200,000, the annual interest rate for each loan shall be 2 percent.CommentsClose CommentsPermalink





(iii) An eligible individual making more than $200,000 is not eligible for a loan made from the State loan fund.CommentsClose CommentsPermalink





(D) LOAN REPAYMENT- In order to receive a loan from a State loan fund, an eligible individual must enter into an agreement with the State to repay the full amount of the loan, plus interest, not more than 2 years after the date on which the individual receives the loan funds.CommentsClose CommentsPermalink





(2) ANNUAL REPORT- Each State receiving a grant under this section shall submit an annual report to the Secretary detailing the use of funds from the State loan fund.CommentsClose CommentsPermalink





(e) Report to Congress- The Secretary shall submit an annual report to the Congress detailing the distribution of grant funds, including a copy of each report submitted to the Secretary pursuant to subsection (d)(2).CommentsClose CommentsPermalink





(f) Definitions- For purposes of this section:CommentsClose CommentsPermalink





(1) ELIGIBLE INDIVIDUAL- The term ‘eligible individual’ means an individual--CommentsClose CommentsPermalink





(A) whose principal place of abode is in the United States;CommentsClose CommentsPermalink





(B) who is a citizen or lawful permanent resident of the United States; andCommentsClose CommentsPermalink





(C) with respect to whom a deduction under section 151 is not allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins.CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Treasury.CommentsClose CommentsPermalink





(3) WEATHERIZATION MATERIALS- The term ‘weatherization materials’ means--CommentsClose CommentsPermalink





(A) caulking and weatherstripping of doors and windows;CommentsClose CommentsPermalink





(B) furnace efficiency modifications, including, but not limited to--CommentsClose CommentsPermalink





(i) replacement burners, furnaces, or boilers or any combination thereof;CommentsClose CommentsPermalink





(ii) devices for minimizing energy loss through heating system, chimney, or venting devices; andCommentsClose CommentsPermalink





(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights;CommentsClose CommentsPermalink





(C) clock thermostats;CommentsClose CommentsPermalink





(D) ceiling, attic, wall, floor, and duct insulation;CommentsClose CommentsPermalink





(E) water heater insulation;CommentsClose CommentsPermalink





(F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials;CommentsClose CommentsPermalink





(G) cooling efficiency modifications, including, but not limited to, replacement air-conditioners, ventilation equipment, screening, window films, and shading devices;CommentsClose CommentsPermalink





(H) solar thermal water heaters;CommentsClose CommentsPermalink





(I) wood-heating appliances; andCommentsClose CommentsPermalink





(J) such other insulating or energy conserving devices or technologies as the Secretary may determine, after consulting with the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Community Services Administration.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink