Page:United States Statutes at Large Volume 119.djvu/1020

 119 STAT. 1002

PUBLIC LAW 109–58—AUG. 8, 2005 ‘‘(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

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