HR 6 EAS1S/PP
paragraph (B). The preceding sentence shall not
1
apply to any property if the lessee and lessor of such
2
property make an election under this sentence. Such
3
an election, once made, may be revoked only with the
4
consent of the Secretary.
5
‘‘(3) N
ONCOMPLIANCE WITH POLLUTION LAWS
.—
6
For purposes of this subsection, a unit which is not
7
in compliance with the applicable State and Federal
8
pollution prevention, control, and permit require-
9
ments for any period of time shall not be considered
10
to be a qualifying advanced clean coal technology
11
unit during such period.
12
‘‘(c) A
PPLICABLE
P
ERCENTAGE
.—For purposes of this
13
section, with respect to any qualifying advanced clean coal
14
technology unit, the applicable percentage is the percentage
15
equal to the ratio which the portion of the national mega-
16
watt capacity limitation allocated to the taxpayer with re-
17
spect to such unit under subsection (f) bears to the total
18
megawatt capacity of such unit.
19
‘‘(d) A
DVANCED
C
LEAN
C
OAL
T
ECHNOLOGY
U
NIT
.—
20
For purposes of this section—
21
‘‘(1) I
N GENERAL
.—The term ‘advanced clean
22
coal technology unit’ means a new, retrofit, or
23
repowering unit of the taxpayer which—
24
‘‘(A) is—
25
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HR 6 EAS1S/PP
‘‘(i) an eligible advanced pulverized
1
coal or atmospheric fluidized bed combus-
2
tion technology unit,
3
‘‘(ii) an eligible pressurized fluidized
4
bed combustion technology unit,
5
‘‘(iii) an eligible integrated gasifi-
6
cation combined cycle technology unit, or
7
‘‘(iv) an eligible other technology unit,
8
and
9
‘‘(B) meets the carbon emission rate require-
10
ments of paragraph (6).
11
‘‘(2) E
LIGIBLE ADVANCED PULVERIZED COAL OR
12
ATMOSPHERIC
FLUIDIZED
BED
COMBUSTION
TECH
-
13
NOLOGY UNIT
.—The term ‘eligible advanced pulver-
14
ized coal or atmospheric fluidized bed combustion
15
technology unit’ means a clean coal technology unit
16
using advanced pulverized coal or atmospheric fluid-
17
ized bed combustion technology which—
18
‘‘(A) is placed in service after the date of
19
the enactment of this section and before January
20
1, 2013, and
21
‘‘(B) has a design net heat rate of not more
22
than 8,350 (8,750 in the case of units placed in
23
service before 2009).
24
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888
HR 6 EAS1S/PP
‘‘(3) E
LIGIBLE
PRESSURIZED
FLUIDIZED
BED
1
COMBUSTION TECHNOLOGY UNIT
.—The term ‘eligible
2
pressurized fluidized bed combustion technology unit’
3
means a clean coal technology unit using pressurized
4
fluidized bed combustion technology which—
5
‘‘(A) is placed in service after the date of
6
the enactment of this section and before January
7
1, 2017, and
8
‘‘(B) has a design net heat rate of not more
9
than 7,720 (8,750 in the case of units placed in
10
service before 2009, and 8,350 in the case of
11
units placed in service after 2008 and before
12
2013).
13
‘‘(4) E
LIGIBLE INTEGRATED GASIFICATION COM
-
14
BINED CYCLE TECHNOLOGY UNIT
.—The term ‘eligible
15
integrated gasification combined cycle technology
16
unit’ means a clean coal technology unit using inte-
17
grated gasification combined cycle technology, with or
18
without fuel or chemical co-production, which—
19
‘‘(A) is placed in service after the date of
20
the enactment of this section and before January
21
1, 2017,
22
‘‘(B) has a design net heat rate of not more
23
than 7,720 (8,750 in the case of units placed in
24
service before 2009, and 8,350 in the case of
25
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HR 6 EAS1S/PP
units placed in service after 2008 and before
1
2013), and
2
‘‘(C) has a net thermal efficiency (HHV)
3
using coal with fuel or chemical co-production of
4
not less than 43.9 percent (39 percent in the case
5
of units placed in service before 2009, and 40.9
6
percent in the case of units placed in service
7
after 2008 and before 2013).
8
‘‘(5) E
LIGIBLE OTHER TECHNOLOGY UNIT
.—The
9
term ‘eligible other technology unit’ means a clean
10
coal technology unit using any other technology for
11
the production of electricity which is placed in service
12
after the date of the enactment of this section and be-
13
fore January 1, 2017.
14
‘‘(6) C
ARBON EMISSION RATE REQUIREMENTS
.—
15
‘‘(A) I
N GENERAL
.—Except as provided in
16
subparagraph (B), a unit meets the requirements
17
of this paragraph if—
18
‘‘(i) in the case of a unit using design
19
coal with a heat content of not more than
20
9,000 Btu per pound, the carbon emission
21
rate is less than 0.60 pound of carbon per
22
kilowatt hour, and
23
‘‘(ii) in the case of a unit using design
24
coal with a heat content of more than 9,000
25
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HR 6 EAS1S/PP
Btu per pound, the carbon emission rate is
1
less than 0.54 pound of carbon per kilowatt
2
hour.
3
‘‘(B)
E
LIGIBLE
OTHER
TECHNOLOGY
4
UNIT
.—In the case of an eligible other technology
5
unit, subparagraph (A) shall be applied by sub-
6
stituting ‘0.51’ and ‘0.459’ for ‘0.60’ and ‘0.54’,
7
respectively.
8
‘‘(e) G
ENERAL
D
EFINITIONS
.—Any term used in this
9
section which is also used in section 45I shall have the
10
meaning given such term in section 45I.
11
‘‘(f) N
ATIONAL
L
IMITATION ON THE
A
GGREGATE
C
A
-
12
PACITY OF
A
DVANCED
C
LEAN
C
OAL
T
ECHNOLOGY
U
NITS
.—
13
‘‘(1) I
N GENERAL
.—For purposes of subsection
14
(b)(1)(G), the national megawatt capacity limitation
15
is—
16
‘‘(A) for qualifying advanced clean coal
17
technology units using advanced pulverized coal
18
or atmospheric fluidized bed combustion tech-
19
nology, not more than 1,000 megawatts (not
20
more than 500 megawatts in the case of units
21
placed in service before 2009),
22
‘‘(B) for such units using pressurized fluid-
23
ized bed combustion technology, not more than
24
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HR 6 EAS1S/PP
500 megawatts (not more than 250 megawatts in
1
the case of units placed in service before 2009),
2
‘‘(C) for such units using integrated gasifi-
3
cation combined cycle technology, with or with-
4
out fuel or chemical co-production, not more
5
than 2,000 megawatts (not more than 1,000
6
megawatts in the case of units placed in service
7
before 2009 and not more than 1,500 megawatts
8
in the case of units placed in service after 2008
9
and before 2013), and
10
‘‘(D) for such units using other technology
11
for the production of electricity, not more than
12
500 megawatts (not more than 250 megawatts in
13
the case of units placed in service before 2009).
14
‘‘(2) A
LLOCATION
OF
LIMITATION
.—The Sec-
15
retary shall allocate the national megawatt capacity
16
limitation for qualifying advanced clean coal tech-
17
nology units in such manner as the Secretary may
18
prescribe under the regulations under paragraph (3).
19
‘‘(3) R
EGULATIONS
.—Not later than 6 months
20
after the date of the enactment of this section, the Sec-
21
retary shall prescribe such regulations as may be nec-
22
essary or appropriate—
23
‘‘(A) to carry out the purposes of this sub-
24
section and section 45J,
25
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HR 6 EAS1S/PP
‘‘(B) to limit the capacity of any qualifying
1
advanced clean coal technology unit to which
2
this section applies so that the combined mega-
3
watt capacity of all such units to which this sec-
4
tion applies does not exceed 4,000 megawatts,
5
‘‘(C) to provide a certification process de-
6
scribed in section 45I(e)(3)(C),
7
‘‘(D) to carry out the purposes described in
8
subparagraphs (D), (E), and (F) of section
9
45I(e)(3), and
10
‘‘(E) to reallocate capacity which is not al-
11
located to any technology described in subpara-
12
graphs (A) through (D) of paragraph (1) because
13
an insufficient number of qualifying units re-
14
quest an allocation for such technology, to an-
15
other technology described in such subparagraphs
16
in order to maximize the amount of energy effi-
17
cient production encouraged with the available
18
tax credits.
19
‘‘(4) S
ELECTION
CRITERIA
.—For purposes of
20
paragraph (3)(C), the selection criteria for allocating
21
the national megawatt capacity limitation to quali-
22
fying advanced clean coal technology units—
23
‘‘(A) shall be established by the Secretary of
24
Energy as part of a competitive solicitation,
25
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893
HR 6 EAS1S/PP
‘‘(B) shall include primary criteria of min-
1
imum design net heat rate, maximum design
2
thermal efficiency, environmental performance,
3
and lowest cost to the Government, and
4
‘‘(C) shall include supplemental criteria as
5
determined appropriate by the Secretary of En-
6
ergy.
7
‘‘(g) Q
UALIFIED
I
NVESTMENT
.—For purposes of sub-
8
section (a), the term ‘qualified investment’ means, with re-
9
spect to any taxable year, the basis of a qualifying advanced
10
clean coal technology unit placed in service by the taxpayer
11
during such taxable year (in the case of a unit described
12
in subsection (b)(1)(A)(i)(II), only that portion of the basis
13
of such unit which is properly attributable to the retro-
14
fitting or repowering of such unit).
15
‘‘(h) Q
UALIFIED
P
ROGRESS
E
XPENDITURES
.—
16
‘‘(1) I
NCREASE IN QUALIFIED INVESTMENT
.—In
17
the case of a taxpayer who has made an election
18
under paragraph (5), the amount of the qualified in-
19
vestment of such taxpayer for the taxable year (deter-
20
mined under subsection (g) without regard to this
21
subsection) shall be increased by an amount equal to
22
the aggregate of each qualified progress expenditure
23
for the taxable year with respect to progress expendi-
24
ture property.
25
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HR 6 EAS1S/PP
‘‘(2) P
ROGRESS
EXPENDITURE
PROPERTY
DE
-
1
FINED
.—For purposes of this subsection, the term
2
‘progress expenditure property’ means any property
3
being constructed by or for the taxpayer and which it
4
is reasonable to believe will qualify as a qualifying
5
advanced clean coal technology unit which is being
6
constructed by or for the taxpayer when it is placed
7
in service.
8
‘‘(3) Q
UALIFIED PROGRESS EXPENDITURES DE
-
9
FINED
.—For purposes of this subsection—
10
‘‘(A) S
ELF
-
CONSTRUCTED
PROPERTY
.—In
11
the case of any self-constructed property, the
12
term ‘qualified progress expenditures’ means the
13
amount which, for purposes of this subpart, is
14
properly chargeable (during such taxable year)
15
to capital account with respect to such property.
16
‘‘(B) N
ONSELF
-
CONSTRUCTED PROPERTY
.—
17
In the case of nonself-constructed property, the
18
term ‘qualified progress expenditures’ means the
19
amount paid during the taxable year to another
20
person for the construction of such property.
21
‘‘(4) O
THER DEFINITIONS
.—For purposes of this
22
subsection—
23
‘‘(A) S
ELF
-
CONSTRUCTED PROPERTY
.—The
24
term ‘self-constructed property’ means property
25
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HR 6 EAS1S/PP
for which it is reasonable to believe that more
1
than half of the construction expenditures will be
2
made directly by the taxpayer.
3
‘‘(B) N
ONSELF
-
CONSTRUCTED PROPERTY
.—
4
The term ‘nonself-constructed property’ means
5
property which is not self-constructed property.
6
‘‘(C) C
ONSTRUCTION
,
ETC
.—The term ‘con-
7
struction’ includes reconstruction and erection,
8
and the term ‘constructed’ includes reconstructed
9
and erected.
10
‘‘(D) O
NLY CONSTRUCTION OF QUALIFYING
11
ADVANCED CLEAN COAL TECHNOLOGY UNIT TO
12
BE TAKEN INTO ACCOUNT
.—Construction shall be
13
taken into account only if, for purposes of this
14
subpart, expenditures therefor are properly
15
chargeable to capital account with respect to the
16
property.
17
‘‘(5) E
LECTION
.—An election under this sub-
18
section may be made at such time and in such man-
19
ner as the Secretary may by regulations prescribe.
20
Such an election shall apply to the taxable year for
21
which made and to all subsequent taxable years. Such
22
an election, once made, may not be revoked except
23
with the consent of the Secretary.
24
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HR 6 EAS1S/PP
‘‘(i) C
OORDINATION
W
ITH
O
THER
C
REDITS
.—This
1
section shall not apply to any property with respect to
2
which the rehabilitation credit under section 47 or the en-
3
ergy credit under section 48 is allowed unless the taxpayer
4
elects to waive the application of such credit to such prop-
5
erty.’’.
6
(c) R
ECAPTURE
.—Section 50(a) (relating to other spe-
7
cial rules) is amended by adding at the end the following
8
new paragraph:
9
‘‘(6) S
PECIAL RULES RELATING TO QUALIFYING
10
ADVANCED
CLEAN
COAL
TECHNOLOGY
UNIT
.—For
11
purposes of applying this subsection in the case of
12
any credit allowable by reason of section 48A, the fol-
13
lowing shall apply:
14
‘‘(A) G
ENERAL
RULE
.—In lieu of the
15
amount of the increase in tax under paragraph
16
(1), the increase in tax shall be an amount equal
17
to the investment tax credit allowed under sec-
18
tion 38 for all prior taxable years with respect
19
to a qualifying advanced clean coal technology
20
unit (as defined by section 48A(b)(1)) multiplied
21
by a fraction whose numerator is the number of
22
years remaining to fully depreciate under this
23
title the qualifying advanced clean coal tech-
24
nology unit disposed of, and whose denominator
25
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897
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