Page:United States Statutes at Large Volume 119.djvu/1025

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 1007

(2) EXCEPTION.—The amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before April 11, 2005, or, in the case of self-constructed property, has started construction on or before such date. SEC.

1309.

EXPANSION OF AMORTIZATION FOR CERTAIN ATMOSPHERIC POLLUTION CONTROL FACILITIES IN CONNECTION WITH PLANTS FIRST PLACED IN SERVICE AFTER 1975.

(a) ELIGIBILITY OF POST-1975 POLLUTION CONTROL FACILITIES.—Subsection (d) of section 169 (relating to definitions) is amended by adding at the end the following: ‘‘(5) SPECIAL RULE RELATING TO CERTAIN ATMOSPHERIC the case of any POLLUTION CONTROL FACILITIES.—In atmospheric pollution control facility which is placed in service after April 11, 2005, and used in connection with an electric generation plant or other property which is primarily coal fired— ‘‘(A) paragraph (1) shall be applied without regard to the phrase ‘in operation before January 1, 1976’, and ‘‘(B) this section shall be applied by substituting ‘84’ for ‘60’ each place it appears in subsections (a) and (b).’’. (b) TREATMENT AS NEW IDENTIFIABLE TREATMENT FACILITY.— Subparagraph (B) of section 169(d)(4) is amended to read as follows: ‘‘(B) CERTAIN FACILITIES PLACED IN OPERATION AFTER APRIL 11, 2005.—In the case of any facility described in paragraph (1) solely by reason of paragraph (5), subparagraph (A) shall be applied by substituting ‘April 11, 2005’ for ‘December 31, 1968’ each place it appears therein.’’. (c) CONFORMING AMENDMENT.—The heading for section 169(d) is amended by inserting ‘‘AND SPECIAL RULES’’ after ‘‘DEFINITIONS’’. (d) TECHNICAL AMENDMENT.—Section 169(d)(3) is amended by striking ‘‘Health, Education, and Welfare’’ and inserting ‘‘Health and Human Services’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to facilities placed in service after April 11, 2005. SEC.

1310.

MODIFICATIONS TO SPECIAL DECOMMISSIONING COSTS.

RULES

FOR

26 USC 169 note.

NUCLEAR

(a) REPEAL OF LIMITATION ON DEPOSITS INTO FUND BASED ON COST OF SERVICE; CONTRIBUTIONS AFTER FUNDING PERIOD.— Subsection (b) of section 468A (relating to special rules for nuclear decommissioning costs) is amended to read as follows: ‘‘(b) LIMITATION ON AMOUNTS PAID INTO FUND.—The amount which a taxpayer may pay into the Fund for any taxable year shall not exceed the ruling amount applicable to such taxable year.’’. (b) TREATMENT OF CERTAIN DECOMMISSIONING COSTS.— (1) IN GENERAL.—Section 468A is amended by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: ‘‘(f) TRANSFERS INTO QUALIFIED FUNDS.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (b), any taxpayer maintaining a Fund to which this section applies with respect to a nuclear power plant may transfer into such Fund not more than an amount equal to the present value of the

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