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To amend the Internal Revenue Code of 1986 to establish a tax credit for qualified combined heat and power system property, and for other purposes.
To amend the Internal Revenue Code of 1986 to establish a tax credit for qualified combined heat and power system property, and for other purposes.
Summary
This bill would establish a 10 percent tax credit for businesses that place qualified combined heat and power system property in service. Qualified systems must generate both electrical and thermal energy from the same energy source, with at least 20 percent of useful energy in each form and overall energy efficiency exceeding 60 percent. The credit can be increased by 10 percentage points if the property uses domestically produced content or is located in an energy community. Systems must have construction beginning after January 1, 2025, and are subject to capacity limitations of 25 to 50 megawatts or equivalent mechanical power. The bill includes conforming amendments to coordinate the new credit with other tax provisions.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
1 cosponsor
- Rep. Kustoff, David [R-TN-8] (R-TN)
Money behind the sponsor
Top reported contributors to Beth Van Duyne’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- NULL $51,100
- INSPERITY $14,800
- AMERICAN AIRLINES $14,473
- BANK OF THE WEST $14,200
- CHARTER BROKERAGE LLC $13,862
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Beth Van Duyne → · Outside spending →
Actions (2)
- Dec 17, 2025 Referred to the House Committee on Ways and Means. · house
- Dec 17, 2025 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
December 17, 2025
Ms. Van Duyne (for herself and Mr. Kustoff) 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 establish a tax credit for qualified combined heat and power system property, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TAX CREDIT FOR QUALIFIED COMBINED HEAT AND POWER SYSTEM PROPERTY.
(a) Establishment of Credit.—
(1) In general.—Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48E the following new section:
“SEC. 48F. CREDIT FOR QUALIFIED COMBINED HEAT AND POWER SYSTEM PROPERTY.
“(a) Credit for Qualified Combined Heat and Power System Property.—
“(1) In general.—For purposes of section 46, except as provided in subsection (c)(1)(B), the credit for qualified combined heat and power system property for any taxable year is an amount equal to 10 percent of the basis of each qualified combined heat and power system property placed in service during such taxable year.
“(2) Coordination with rehabilitation credit.—The percentage specified in paragraph (1) shall not apply to that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)).
“(3) Qualified combined heat and power system property.— For purposes of this section, the term ‘qualified combined heat and power system property’ means any property—
“(A) which is combined heat and power system property,
“(B)(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or
“(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer,
“(C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and
“(D) which meets the performance and quality standards (if any) which—
“(i) have been prescribed by the Secretary by regulations (after consultation with the Secretary of Energy), and
“(ii) are in effect at the time of the acquisition of the property. Such term shall not include any property which is part of a facility the production from which is allowed as a credit under section 45 for the taxable year or any prior taxable year.
“(4) Special rule for property financed by tax-exempt bonds.—Rules similar to the rule under section 45(b)(3) shall apply for purposes of this section.
“(5) Domestic content bonus credit amount.—
“(A) In general.—In the case of any energy project which satisfies the requirement under subparagraph (B), for purposes of applying paragraph
(1) with respect to qualified combined heat and power system property that is part of such project, the percentage specified in paragraph (1) shall be increased by 10 percentage points.
“(B) Requirement.—Rules similar to the rules of section 45(b)(9)(B) shall apply.
“(6) Increase in credit rate for energy communities.—In the case of any energy project that is placed in service within an energy community (as defined in section 45(b)(11)(B), as applied by substituting ‘energy project’ for ‘qualified facility’ each place it appears), for purposes of applying paragraph (1) with respect to qualified combined heat and power system property which is part of such project, the percentage specified in paragraph (1) shall be increased by 10 percentage points.
“(7) Regulations and guidance.—The Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this subsection, including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection.
“(b) Certain Progress Expenditure Rules Made Applicable.—Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a).
“(c) Definitions.—For purposes of this section—
“(1) Combined heat and power system property.—
“(A) Combined heat and power system property.—The term ‘combined heat and power system property’ means property comprising a system—
“(i) which uses the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications),
“(ii) which produces—
“(I) at least 20 percent of its total useful energy in the form of thermal energy which is not used to produce electrical or mechanical power (or combination thereof), and
“(II) at least 20 percent of its total useful energy in the form of electrical or mechanical power (or combination thereof),
“(iii) the energy efficiency percentage of which exceeds 60 percent, and
“(iv) the construction of which begins on or after January 1, 2025.
“(B) Limitation.—
“(i) In general.—In the case of combined heat and power system property with an electrical capacity in excess of the applicable capacity placed in service during the taxable year, the credit under subsection (a)(1) (determined without regard to this paragraph) for such year shall be equal to the amount which bears the same ratio to such credit as the applicable capacity bears to the capacity of such property.
“(ii) Applicable capacity.—For purposes of clause (i), the term ‘applicable capacity’ means 25 megawatts or a mechanical energy capacity of more than 33,500 horsepower, or an equivalent combination of electrical and mechanical energy capacities.
“(iii) Maximum capacity.—The term ‘combined heat and power system property’ shall not include any property comprising a system if such system has a capacity in excess of 50 megawatts or a mechanical energy capacity in excess of 67,000 horsepower, or an equivalent combination of electrical and mechanical energy capacities.
“(iv) Clarification regarding capacity determinations.—For purposes of this subparagraph, the determination of the electrical or mechanical energy capacity of any system shall be based on the normal operating rates of such system.
“(C) Special rules.—
“(i) Energy efficiency percentage.—For purposes of this paragraph, the energy efficiency percentage of a system is the fraction—
“(I) the numerator of which is the total useful electrical, thermal, and mechanical power produced by the system at normal operating rates, and expected to be consumed in its normal application, and
“(II) the denominator of which is the lower heating value of the fuel sources for the system.
“(ii) Determinations made on btu basis.— The energy efficiency percentage and the percentages under subparagraph (A)(ii) shall be determined on a Btu basis.
“(iii) Input and output property not included.—The term ‘combined heat and power system property’ does not include property used to transport the energy source to the facility or to distribute energy produced by the facility.
“(D) Systems using biomass.—If a system is designed to use biomass (within the meaning of paragraphs (2) and (3) of section 45(c) without regard to the last sentence of paragraph (3)(A)) for at least 90 percent of the energy source—
“(i) subparagraph (A)(iii) shall not apply, but
“(ii) the amount of credit determined under subsection (a) with respect to such system shall not exceed the amount which bears the same ratio to such amount of credit (determined without regard to this subparagraph) as the energy efficiency percentage of such system bears to 60 percent.
“(2) Energy project.—The term ‘energy project’ means a project consisting of one or more qualified combined heat and power system properties that are part of a single project.”.
(2) Clerical amendment.—The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48E the following new item:
“48F. Credit for qualified combined heat and power system property.”.
(b) Coordination With Energy Credit.—Section 48(c)(3)(B) of such Code is amended by adding at the end the following new clause:
“(iv) Clarification regarding capacity determinations.—For purposes of this subparagraph, the determination of the electrical or mechanical energy capacity of any system shall be based on the normal operating rates of such system.”.
(c) Conforming Amendments.—
(1) Section 38(c)(4)(B)(x) of such Code is amended by inserting “or the credit for qualified combined heat and power system property determined under section 48F” after “section 48”.
(2) Section 45L(f) of such Code is amended by striking “47 or 48(a)” and inserting “47, 48(a), or 48F(a)”.
(3) Section 46 of such Code is amended by striking “and” at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting “, and”, and by adding at the end the following new paragraph:
“(8) the credit for qualified combined heat and power system property.”.
(4) Section 48C(f) of such Code is amended by inserting “48F,” after “48E,”.
(5) Section 50(a)(2)(E) of such Code is amended by striking “or 48E(e)” and inserting “48E(e), or 48F(b)”.
(6) Section 59A(b)(3)(C) of such Code is amended by inserting “or the credit for qualified combined heat and power system property determined under section 48F” after “section 48”.
(d) Effective Date.—
(1) In general.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to property the construction of which begins after December 31, 2024.
(2) Coordination with energy credit.—
(A) In general.—The amendment made by subsection
(b) shall apply to property—
(i) the construction of which begins before January 1, 2025, and
(ii) which is placed in service during taxable years beginning after December 31, 2024.
(B) No inference.—The amendment made by subsection
(b) shall not be construed to create any inference with respect to the proper application of section 48(c)(3)(B) of the Internal Revenue Code of 1986 with respect to taxable years beginning before January 1, 2025. <all>
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