Page:United States Statutes at Large Volume 119.djvu/1069

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 1051

respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ‘‘(4) ELECTION NOT TO TAKE CREDIT.—No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. ‘‘(5) RECAPTURE RULES.—Rules similar to the rules of section 179A(e)(4) shall apply. ‘‘(f) REGULATIONS.—The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ‘‘(g) TERMINATION.—This section shall not apply to any property placed in service— ‘‘(1) in the case of property relating to hydrogen, after December 31, 2014, and ‘‘(2) in the case of any other property, after December 31, 2009.’’. (b) CONFORMING AMENDMENTS.— (1) Section 38(b), as amended by this Act, is amended by striking ‘‘plus’’ at the end of paragraph (24), by striking the period at the end of paragraph (25) and inserting ‘‘, and’’, and by adding at the end the following new paragraph: ‘‘(26) the portion of the alternative fuel vehicle refueling property credit to which section 30C(d)(1) applies.’’. (2) Section 1016(a), as amended by this Act, is amended by striking ‘‘and’’ at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ‘‘, and’’, and by adding at the end the following new paragraph: ‘‘(37) to the extent provided in section 30C(f).’’. (3) Section 55(c)(2), as amended by this Act, is amended by inserting ‘‘30C(d)(2),’’ after ‘‘30B(g)(2),’’. (4) Section 6501(m) is amended by inserting ‘‘30C(e)(5),’’ after ‘‘30B(h)(9),’’. (5) The table of sections for subpart B of part IV of subchapter A of chapter 1, as amended by this Act, is amended by inserting after the item relating to section 30B the following new item:

Applicability.

‘‘Sec. 30C. Clean-fuel vehicle refueling property credit.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to property placed in service after December 31, 2005, in taxable years ending after such date.

26 USC 30C note.

SEC. 1343. REDUCED MOTOR FUEL EXCISE TAX ON CERTAIN MIXTURES OF DIESEL FUEL.

(a) IN GENERAL.—Paragraph (2) of section 4081(a) is amended by adding at the end the following: ‘‘(D) DIESEL-WATER FUEL EMULSION.—In the case of diesel-water fuel emulsion at least 14 percent of which is water and with respect to which the emulsion additive is registered by a United States manufacturer with the Environmental Protection Agency pursuant to section 211 of the Clean Air Act (as in effect on March 31, 2003), subparagraph (A)(iii) shall be applied by substituting ‘19.7 cents’ for ‘24.3 cents’. The preceding sentence shall not apply to the removal, sale, or use of diesel-water fuel emulsion unless the person so removing, selling, or using such fuel is registered under section 4101.’’. (b) SPECIAL RULES FOR DIESEL-WATER FUEL EMULSIONS.—

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