Page:United States Statutes at Large Volume 100 Part 3.djvu/801

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2609

"(I) any payment under section 8 of the United States Housing Act of 1937, and "(II) any utility allowance determined by the Secretary after taking into account such determinations under such section 8. "(5) APPLICABLE INCOME LIMIT.—For purposes of paragraphs (3) and (4), the term 'applicable income limit' means— "(A) the limitation under subparagraph (A) or (B) of paragraph (1) which applies to the project, or "(B) in the case of a unit to which paragraph (4)(B)(i) applies, the limitation which applies to such unit. "(6) SPECIAL RULE FOR CERTAIN HIGH COST HOUSING AREA.—In

the case of a project located in a city having 5 boroughs and a population in excess of 5,000,000, subparagraph (B) of paragraph (1) shall be applied by substituting '25 percent' for '40 percent'. "(7)

CERTIFICATION TO SECRETARY.—The operator

of

any

project with respect to which an election was made under this subsection shall submit to the Secretary (at such time and in such manner as the Secretary shall prescribe) an annual certification as to whether such project continues to meet the requirements of this subsection. Any failure to comply with the provisions of the preceding sentence shall not affect the tax-exempt status of any bond but shall subject the operator to penalty, as provided in section 6652(j). "(e) FACILITIES FOR THE FURNISHING OF WATER.—For purposes of subsection (a)(4), the term 'facilities for the furnishing of water' means any facility for the furnishing of water if— "(1) the water is or will be made available to members of the general public (including electric utility, industrial, agricultural, or commercial users), and "(2) either the facility is operated by a governmental unit or the rates for the furnishing or sale of the water have been established or approved by a State or political subdivision thereof, by an agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of any State or political subdivision thereof. "(0 LOCAL FURNISHING OF ELECTRIC ENERGY OR GAS.—For purposes of subsection (a)(8), the local furnishing of electric energy or gas from a facility shall only include furnishing solely within the area consisting of— "(1) a city and 1 contiguous county, or "(2) 2 contiguous counties. "(g) LOCAL DISTRICT HEATING OR COOLING FACILITY.—

"(1) IN GENERAL.—For purposes of subsection (a)(9), the term 'local district heating or cooling facility' means property used as an integral part of a local district heating or cooling system. "(2) LOCAL DISTRICT HEATING OR COOUNG SYSTEM.—

"(A) IN GENERAL.—For purposes of paragraph (1), the term 'local district heating or cooling system' means any local system consisting of a pipeline or network (which may be connected to a heating or cooling source) providing hot water, chilled water, or steam to 2 or more users for— "(i) residential, commercial, or industrial heating or 4>; cooling, or S'^i "(ii) process steam.

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