26 USC 48A - Qualifying advanced coal project credit

(a) In general 
For purposes of section 46, the qualifying advanced coal project credit for any taxable year is an amount equal to
(1) 20 percent of the qualified investment for such taxable year in the case of projects described in subsection (d)(3)(B)(i), and
(2) 15 percent of the qualified investment for such taxable year in the case of projects described in subsection (d)(3)(B)(ii).
(b) Qualified investment 


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(1) In general 
For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying advanced coal project
(A) 
(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, and
(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable.
(2) Special rule for certain subsidized property 
Rules similar to section 48 (a)(4) shall apply for purposes of this section.
(3) Certain qualified progress expenditures 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 enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section.
(c) Definitions 
For purposes of this section
(1) Qualifying advanced coal project 
The term qualifying advanced coal project means a project which meets the requirements of subsection (e).
(2) Advanced coal-based generation technology 
The term advanced coal-based generation technology means a technology which meets the requirements of subsection (f).

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(3) Eligible property 
The term eligible property means
(A) in the case of any qualifying advanced coal project using an integrated gasification combined cycle, any property which is a part of such project and is necessary for the gasification of coal, including any coal handling and gas separation equipment, and
(B) in the case of any other qualifying advanced coal project, any property which is a part of such project.
(4) Coal 
The term coal means anthracite, bituminous coal, subbituminous coal, lignite, and peat.
(5) Greenhouse gas capture capability 
The term greenhouse gas capture capability means an integrated gasification combined cycle technology facility capable of adding components which can capture, separate on a long-term basis, isolate, remove, and sequester greenhouse gases which result from the generation of electricity.
(6) Electric generation unit 
The term electric generation unit means any facility at least 50 percent of the total annual net output of which is electrical power, including an otherwise eligible facility which is used in an industrial application.
(7) Integrated gasification combined cycle 
The term integrated gasification combined cycle means an electric generation unit which produces electricity by converting coal to synthesis gas which is used to fuel a combined-cycle plant which produces electricity from both a combustion turbine (including a combustion turbine/fuel cell hybrid) and a steam turbine.
(d) Qualifying advanced coal project program 

(1) Establishment 
Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Secretary of Energy, shall establish a qualifying advanced coal project program for the deployment of advanced coal-based generation technologies.
(2) Certification 

(A) Application period 
Each applicant for certification under this paragraph shall submit an application meeting the requirements of subparagraph (B). An applicant may only submit an application during the 3-year period beginning on the date the Secretary establishes the program under paragraph (1).
(B) Requirements for applications for certification 
An application under subparagraph (A) shall contain such information as the Secretary may require in order to make a determination to accept or reject an application for certification as meeting the requirements under subsection (e)(1). Any information contained in the application shall be protected as provided in section 552 (b)(4) of title 5, United States Code.
(C) Time to act upon applications for certification 
The Secretary shall issue a determination as to whether an applicant has met the requirements under subsection (e)(1) within 60 days following the date of submittal of the application for certification.
(D) Time to meet criteria for certification 
Each applicant for certification shall have 2 years from the date of acceptance by the Secretary of the application during which to provide to the Secretary evidence that the criteria set forth in subsection (e)(2) have been met.
(E) Period of issuance 
An applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the project in service and if such project is not placed in service by that time period then the certification shall no longer be valid.
(3) Aggregate credits 

(A) In general 
The aggregate credits allowed under subsection (a) for projects certified by the Secretary under paragraph (2) may not exceed $1,300,000,000.
(B) Particular projects 
Of the dollar amount in subparagraph (A), the Secretary is authorized to certify
(i) $800,000,000 for integrated gasification combined cycle projects, and
(ii) $500,000,000 for projects which use other advanced coal-based generation technologies.
(4) Review and redistribution 

(A) Review 
Not later than 6 years after the date of enactment of this section, the Secretary shall review the credits allocated under this section as of the date which is 6 years after the date of enactment of this section.
(B) Redistribution 
The Secretary may reallocate credits available under clauses (i) and (ii) of paragraph (3)(B) if the Secretary determines that
(i) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or
(ii) any certification made pursuant to paragraph (2) has been revoked pursuant to paragraph (2)(D) because the project subject to the certification has been delayed as a result of third party opposition or litigation to the proposed project.
(C) Reallocation 
If the Secretary determines that credits under clause (i) or (ii) of paragraph (3)(B) are available for reallocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to conduct an additional program for applications for certification.
(e) Qualifying advanced coal projects 

(1) Requirements 
For purposes of subsection (c)(1), a project shall be considered a qualifying advanced coal project that the Secretary may certify under subsection (d)(2) if the Secretary determines that, at a minimum
(A) the project uses an advanced coal-based generation technology
(i) to power a new electric generation unit; or
(ii) to retrofit or repower an existing electric generation unit (including an existing natural gas-fired combined cycle unit);
(B) the fuel input for the project, when completed, is at least 75 percent coal;
(C) the project, consisting of one or more electric generation units at one site, will have a total nameplate generating capacity of at least 400 megawatts;
(D) the applicant provides evidence that a majority of the output of the project is reasonably expected to be acquired or utilized;
(E) the applicant provides evidence of ownership or control of a site of sufficient size to allow the proposed project to be constructed and to operate on a long-term basis; and
(F) the project will be located in the United States.
(2) Requirements for certification 
For the purpose of subsection (d)(2)(D), a project shall be eligible for certification only if the Secretary determines that
(A) the applicant for certification has received all Federal and State environmental authorizations or reviews necessary to commence construction of the project; and
(B) the applicant for certification, except in the case of a retrofit or repower of an existing electric generation unit, has purchased or entered into a binding contract for the purchase of the main steam turbine or turbines for the project, except that such contract may be contingent upon receipt of a certification under subsection (d)(2).
(3) Priority for integrated gasification combined cycle projects 
In determining which qualifying advanced coal projects to certify under subsection (d)(2), the Secretary shall
(A) certify capacity, in accordance with the procedures set forth in subsection (d), in relatively equal amounts to
(i) projects using bituminous coal as a primary feedstock,
(ii) projects using subbituminous coal as a primary feedstock, and
(iii) projects using lignite as a primary feedstock, and
(B) give high priority to projects which include, as determined by the Secretary
(i) greenhouse gas capture capability,
(ii) increased by-product utilization, and
(iii) other benefits.
(f) Advanced coal-based generation technology 

(1) In general 
For the purpose of this section, an electric generation unit uses advanced coal-based generation technology if
(A) the unit
(i) uses integrated gasification combined cycle technology, or
(ii) except as provided in paragraph (3), has a design net heat rate of 8530 Btu/kWh (40 percent efficiency), and
(B) the unit is designed to meet the performance requirements in the following table: For purposes of the performance requirement specified for the removal of SO2 in the table contained in subparagraph (B), the SO2 removal design level in the case of a unit designed for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement of an emission level of 0.04 pounds or less of SO2 per million Btu, determined on a 30-day average.
(2) Design net heat rate 
For purposes of this subsection, design net heat rate with respect to an electric generation unit shall
(A) be measured in Btu per kilowatt hour (higher heating value),
(B) be based on the design annual heat input to the unit and the rated net electrical power, fuels, and chemicals output of the unit (determined without regard to the cogeneration of steam by the unit),
(C) be adjusted for the heat content of the design coal to be used by the unit
(i) if the heat content is less than 13,500 Btu per pound, but greater than 7,000 Btu per pound, according to the following formula: design net heat rate = unit net heat rate x [1[((13,500-design coal heat content, Btu per pound)/1,000)* 0.013]], and
(ii) if the heat content is less than or equal to 7,000 Btu per pound, according to the following formula: design net heat rate = unit net heat rate x [1[((13,500-design coal heat content, Btu per pound)/1,000)* 0.018]], and
(D) be corrected for the site reference conditions of
(i) elevation above sea level of 500 feet,
(ii) air pressure of 14.4 pounds per square inch absolute,
(iii) temperature, dry bulb of 63F,
(iv) temperature, wet bulb of 54F, and
(v) relative humidity of 55 percent.
(3) Existing units 
In the case of any electric generation unit in existence on the date of the enactment of this section, such unit uses advanced coal-based generation technology if, in lieu of the requirements under paragraph (1)(A)(ii), such unit achieves a minimum efficiency of 35 percent and an overall thermal design efficiency improvement, compared to the efficiency of the unit as operated, of not less than
(A) 7 percentage points for coal of more than 9,000 Btu,
(B) 6 percentage points for coal of 7,000 to 9,000 Btu, or
(C) 4 percentage points for coal of less than 7,000 Btu.
(g) Applicability 
No use of technology (or level of emission reduction solely by reason of the use of the technology), and no achievement of any emission reduction by the demonstration of any technology or performance level, by or at one or more facilities with respect to which a credit is allowed under this section, shall be considered to indicate that the technology or performance level is
(1) adequately demonstrated for purposes of section 111 of the Clean Air Act (42 U.S.C. 7411);
(2) achievable for purposes of section 169 of that Act (42 U.S.C. 7479); or
(3) achievable in practice for purposes of section 171 of such Act (42 U.S.C. 7501).