Page:United States Statutes at Large Volume 119.djvu/1054

 119 STAT. 1036

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(g) TERMINATION.—The credit allowed under this section shall not apply to property placed in service after December 31, 2007.’’. (b) CONFORMING AMENDMENTS.— (1) Section 23(c) is amended by striking ‘‘this section and section 1400C’’ and inserting ‘‘this section, section 25D, and section 1400C’’. (2) Section 25(e)(1)(C) is amended by striking ‘‘this section and sections 23 and 1400C’’ and inserting ‘‘other than this section, section 23, section 25D, and section 1400C’’. (3) Section 1400C(d) is amended by striking ‘‘this section’’ and inserting ‘‘this section and section 25D’’. (4) Section 1016(a), as amended by this Act, is amended by striking ‘‘and’’ at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting ‘‘, and’’, and by adding at the end the following new paragraph: ‘‘(35) to the extent provided in section 25D(f), in the case of amounts with respect to which a credit has been allowed under section 25D.’’. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1, as amended by this Act, is amended by inserting after the item relating to section 25C the following new item: ‘‘Sec. 25D. Residential energy efficient property.’’. 26 USC 23 note.

(c) EFFECTIVE DATES.—The amendments made by this section shall apply to property placed in service after December 31, 2005, in taxable years ending after such date. SEC. 1336. CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL CELLS AND STATIONARY MICROTURBINE POWER PLANTS.

(a) IN GENERAL.—Section 48(a)(3)(A) (defining energy property) is amended by striking ‘‘or’’ at the end of clause (i), by adding ‘‘or’’ at the end of clause (ii), and by inserting after clause (ii) the following new clause: ‘‘(iii) qualified fuel cell property or qualified microturbine property,’’. (b) QUALIFIED FUEL CELL PROPERTY; QUALIFIED MICROTURBINE PROPERTY.—Section 48 (relating to energy credit) is amended by adding at the end the following new subsection: ‘‘(c) QUALIFIED FUEL CELL PROPERTY; QUALIFIED MICROTURBINE PROPERTY.—For purposes of this subsection— ‘‘(1) QUALIFIED FUEL CELL PROPERTY.— ‘‘(A) IN GENERAL.—The term ‘qualified fuel cell property’ means a fuel cell power plant which— ‘‘(i) has a nameplate capacity of at least 0.5 kilowatt of electricity using an electrochemical process, and ‘‘(ii) has an electricity-only generation efficiency greater than 30 percent. ‘‘(B) LIMITATION.—In the case of qualified fuel cell property placed in service during the taxable year, the credit otherwise determined under paragraph (1) for such year with respect to such property shall not exceed an amount equal to $500 for each 0.5 kilowatt of capacity of such property. ‘‘(C) FUEL CELL POWER PLANT.—The term ‘fuel cell power plant’ means an integrated system comprised of

VerDate 14-DEC-2004

08:19 Oct 26, 2006

Jkt 039194

PO 00001

Frm 01034

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001

�