H.R. 8137

119 HR 8137 IH: To amend the Internal Revenue Code of 1986 to establish tax credits for the production of, and investment in, certain renewable materials.
 U.S. House of Representatives
 2026-03-27
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  2d Session  H. R. 8137  IN THE HOUSE OF REPRESENTATIVES   March 27, 2026   Mrs. Fischbach  (for herself and  Ms. Budzinski ) 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 tax credits for the production of, and investment in, certain renewable materials.
1.
Credit for renewable materials production
(a)
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:
45BB.
Renewable materials production credit
(a)
Allowance of credit
For purposes of section 38, the renewable materials production credit for any taxable year is an amount equal to the product of—
(1)
10 cents, multiplied by
(2)
the number of pounds of qualified renewable material which is—
(A)
produced by the taxpayer during such taxable year at a renewable material production facility, and
(B)
either—
(i)
sold by the taxpayer to an unrelated person, or
(ii)
used by the taxpayer producing such qualified renewable material,
 only if such sale or use is in a trade or business of the taxpayer during the taxable year.
(b)
Definitions
For purposes of this section—
(1)
Qualified renewable material
(A)
In general
The term  qualified renewable material  means the biobased carbon content portion of any product, including a chemical, produced using biological conversion, thermal conversion, catalytic conversion, chemical conversion, or a combination thereof, from biomass.
(B)
Exclusions
The term  qualified renewable material  shall not include any product—
(i)
which is suitable for use as a fuel in any vehicle (whether or not the vehicle is manufactured primarily for use on public streets, roads, and highways), marine vessel, watercraft, or aircraft,
(ii)
used to generate heat or electricity,
(iii)
which is suitable for use as food or feed,
(iv)
produced from biomass which was not manufactured, produced, grown, or extracted in whole or in significant part within—
(I)
the United States (within the meaning of section 638(1)), or
(II)
a possession of the United States (within the meaning of section 638(2)), or
(v)
which is derived from coprocessing biomass with a feedstock which is not biomass.
(C)
First sale or use to qualify
In the case where multiple points in a supply chain may be eligible under this section, the qualified renewable material that first meets the requirements of this section will be the only qualified renewable material eligible.
(2)
Biobased carbon content portion
The term  biobased carbon content portion  means the biobased carbon content as determined pursuant to ASTM D6866.
(3)
Biomass
The term  biomass  has the same meaning given such term in section 45K(c)(3), except  biomass  does not include any qualified renewable material.
(4)
Renewable material production facility
The term  renewable material production facility  means any facility—
(A)
that produces qualified renewable material during a qualifying credit period, and
(B)
located in the United States or a possession of the United States (within the meaning of section 638(2)).
(5)
Qualifying credit period
(A)
In general
The term  qualifying credit period  means the 10-year period beginning on the later of—
(i)
the date the renewable material production facility was originally placed in service,
(ii)
the date the modifications described in subparagraph (B) were placed in service, or
(iii)
the date of enactment of this section.
(B)
Modifications
The modifications described in this subparagraph are substantial modifications to an existing facility which allow such facility to produce qualified renewable material.
(c)
Special rules
(1)
Credit attributable to taxpayer
(A)
In general
Except as otherwise provided in subparagraph (B) or in any regulations prescribed by the Secretary, any credit under this section shall be attributable to the person that sells or uses the qualified renewable material.
(B)
Election
If the person described in subparagraph (A) makes an election under this subparagraph in such time and manner as the Secretary may prescribe by regulations, the credit under this section—
(i)
shall be allowable to the person to whom the qualified renewable material is sold, and
(ii)
shall not be allowable to the person described in subparagraph (A).
(2)
Coordination with investment credit
The term  renewable material production facility  shall not include any facility for which a renewable materials investment credit determined under section 48F is allowed under section 38 for the taxable year or any prior taxable year.
(3)
Credit reduced for tax-exempt bonds
Rules similar to the rules of section 45(b)(3) shall apply.
(4)
Limitation
The amount of the credit determined under subsection (a) with respect to any facility for any taxable year (determined after the application of paragraph (3)) shall not exceed $10,000,000.
 .
(b)
Coordination with clean fuel production credit
Section 45Z(d)(4)(B) is amended by adding at the end the following:
(iv)
The renewable materials production credit under section 45BB.
 .
(c)
Credit made transferable
Section 6418(f)(1) is amended—
(1)
in subparagraph (A) by adding at the end the following:
(xii)
The renewable materials production credit determined under section 45BB.
 , and
(2)
in subparagraph (B), by striking  or (vii)  and inserting  (vii), or (xii) .
(d)
Credit made part of general business credit
Subsection (b) of section 38 of such Code is amended by striking  plus  at the end of paragraph (40), by striking the period at the end of paragraph (41) and inserting  , plus , and by adding at the end the following new paragraph:
(42)
the renewable materials production credit determined under section 45BB.
 .
(e)
Clerical amendment
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following:
Sec. 45BB. Renewable materials production credit.
  .
(f)
Regulations
The Secretary, in consultation with the Secretary of Agriculture, shall establish regulations or other guidance for implementing the credit established under this section within 180 days of the date of enactment.
(g)
Effective date
The amendments made by this section shall apply to qualified renewable material produced on or after the date of enactment.
2.
Credit for renewable materials investment
(a)
In general
Subpart E 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:
48F.
Renewable materials investment credit
(a)
Allowance of credit
For purposes of section 46, the renewable materials investment credit for any taxable year is an amount equal to 30 percent of the qualified investment for the taxable year with respect to any qualified facility.
(b)
Qualified investment
(1)
In general
For purposes of subsection (a), the qualified investment for any taxable year with respect to any qualified facility is the basis of any qualified property placed in service by the taxpayer during such taxable year which—
(A)
is used in the production of qualified renewable material, and
(B)
is part of a qualified facility.
(2)
Qualified property
For purposes of this section, the term  qualified property  means property—
(A)
which is—
(i)
tangible personal property, or
(ii)
other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified facility,
(B)
with respect to which depreciation (or amortization in lieu of depreciation) is allowable,
(C)
which is constructed, reconstructed, erected, or acquired by the taxpayer, and
(D)
the original use of which commences with the taxpayer.
(3)
Qualified facility
(A)
In general
The term  qualified facility  means a renewable material production facility within the meaning of section 45BB(b)(3).
(B)
Exclusion
The term  qualified facility  shall not include any facility for which a renewable materials production credit determined under section 45BB is allowed under section 38 for the taxable year or any prior taxable year.
(4)
Coordination with rehabilitation credit
The qualified investment with respect to any qualified facility for any taxable year shall not include that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)).
(c)
Special rules
(1)
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).
(2)
Credit reduced for tax-exempt bonds
Rules similar to the rules of section 45(b)(3) shall apply.
 .
(b)
Coordination with clean fuel production credit
Section 45Z(d)(4)(B), as amended by section 1, is amended by adding at the end the following:
(v)
The credit determined under section 46 to the extent that such credit is attributable to the renewable materials investment credit.
 .
(c)
Credit made transferable
Section 6418, as amended by section 1, is amended—
(1)
in subsection (f)(1)(A) by adding at the end the following:
(xiii)
The renewable materials investment credit determined under section 48F.
 , and
(2)
in paragraph (g)(3) by striking  (xi)  and inserting  (xi), or (xiii), .
(d)
Conforming amendments
(1)
Section 46 of such Code is amended—
(A)
in paragraph (6) by striking  and  at the end,
(B)
in paragraph (7) by striking the period at the end and inserting  , and , and
(C)
by adding at the end the following:
(8)
the renewable materials investment credit.
 .
(2)
Section 49(a)(1)(C) of such Code is amended—
(A)
by striking  and  at the end of clause (vii),
(B)
by striking the period at the end of clause (viii) and inserting  , and , and
(C)
by adding at the end the following new clause:
(ix)
the basis of any qualified property which is part of a qualified facility under section 48F.
 .
(3)
Section 50(a)(2)(E) of such Code is amended by striking  or 48E(e)  and inserting  48E(e), or 48F(c)(1) .
(4)
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:
Sec. 48F. Renewable materials investment credit.
  .
(e)
Regulations
The Secretary, in consultation with the Secretary of Agriculture, shall establish regulations or other guidance for implementing the credit established under this section within 180 days of the date of enactment.
(f)
Effective date
The amendments made by this section shall apply to property placed in service after the date of enactment.