Page:United States Statutes at Large Volume 119.djvu/1023

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 1005

‘‘(iii) other products of forestry maintenance. ‘‘(B) EXCLUSION.—The term ‘biomass’ does not include paper which is commonly recycled. ‘‘(5) CARBON CAPTURE CAPABILITY.—The term ‘carbon capture capability’ means a gasification plant design which is determined by the Secretary to reflect reasonable consideration for, and be capable of, accommodating the equipment likely to be necessary to capture carbon dioxide from the gaseous stream, for later use or sequestration, which would otherwise be emitted in the flue gas from a project which uses a nonrenewable fuel. ‘‘(6) COAL.—The term ‘coal’ means anthracite, bituminous coal, subbituminous coal, lignite, and peat. ‘‘(7) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any person whose application for certification is principally intended for use in a domestic project which employs domestic gasification applications related to— ‘‘(A) chemicals, ‘‘(B) fertilizers, ‘‘(C) glass, ‘‘(D) steel, ‘‘(E) petroleum residues, ‘‘(F) forest products, and ‘‘(G) agriculture, including feedlots and dairy operations. ‘‘(8) PETROLEUM RESIDUE.—The term ‘petroleum residue’ means the carbonized product of high-boiling hydrocarbon fractions obtained in petroleum processing. ‘‘(d) QUALIFYING GASIFICATION PROJECT PROGRAM.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Energy, shall establish a qualifying gasification project program to consider and award certifications for qualified investment eligible for credits under this section to qualifying gasification project sponsors under this section. The total amounts of credit that may be allocated under the program shall not exceed $350,000,000 under rules similar to the rules of section 48A(d)(4). ‘‘(2) PERIOD OF ISSUANCE.—A certificate of eligibility under paragraph (1) may be issued only during the 10-fiscal year period beginning on October 1, 2005. ‘‘(3) SELECTION CRITERIA.—The Secretary shall not make a competitive certification award for qualified investment for credit eligibility under this section unless the recipient has documented to the satisfaction of the Secretary that— ‘‘(A) the award recipient is financially viable without the receipt of additional Federal funding associated with the proposed project, ‘‘(B) the recipient will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is spent efficiently and effectively, ‘‘(C) a market exists for the products of the proposed project as evidenced by contracts or written statements of intent from potential customers, ‘‘(D) the fuels identified with respect to the gasification technology for such project will comprise at least 90 percent of the fuels required by the project for the production

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