Page:United States Statutes at Large Volume 119.djvu/772

 119 STAT. 754

PUBLIC LAW 109–58—AUG. 8, 2005

Subtitle B—Clean Power Projects 42 USC 15971.

SEC. 411. INTEGRATED COAL/RENEWABLE ENERGY SYSTEM.

(a) IN GENERAL.—Subject to the availability of appropriations, the Secretary may provide loan guarantees for a project to produce energy from coal of less than 7,000 Btu/lb. using appropriate advanced integrated gasification combined cycle technology, including repowering of existing facilities, that— (1) is combined with wind and other renewable sources; (2) minimizes and offers the potential to sequester carbon dioxide emissions; and (3) provides a ready source of hydrogen for near-site fuel cell demonstrations. (b) REQUIREMENTS.—The facility— (1) may be built in stages; (2) shall have a combined output of at least 200 megawatts at successively more competitive rates; and (3) shall be located in the Upper Great Plains. (c) TECHNICAL CRITERIA.—Technical criteria described in section 402(b) shall apply to the facility. (d) INVESTMENT TAX CREDITS.— (1) IN GENERAL.—The loan guarantees provided under this section do not preclude the facility from receiving an allocation for investment tax credits under section 48A of the Internal Revenue Code of 1986. (2) OTHER FUNDING.—Use of the investment tax credit described in paragraph (1) does not prohibit the use of other clean coal program funding.

Applicability.

42 USC 15972.

SEC. 412. LOAN TO PLACE ALASKA CLEAN COAL TECHNOLOGY FACILITY IN SERVICE.

(a) DEFINITIONS.—In this section: (1) BORROWER.—The term ‘‘borrower’’ means the owner of the clean coal technology plant. (2) CLEAN COAL TECHNOLOGY PLANT.—The term ‘‘clean coal technology plant’’ means the plant located near Healy, Alaska, constructed under Department cooperative agreement number DE–FC–22–91PC90544. (3) COST OF A DIRECT LOAN.—The term ‘‘cost of a direct loan’’ has the meaning given the term in section 502(5)(B) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(B)). (b) AUTHORIZATION.—Subject to subsection (c), the Secretary shall use amounts made available under subsection (e) to provide the cost of a direct loan to the borrower for purposes of placing the clean coal technology plant into reliable operation for the generation of electricity. (c) REQUIREMENTS.— (1) MAXIMUM LOAN AMOUNT.—The amount of the direct loan provided under subsection (b) shall not exceed $80,000,000. (2) DETERMINATIONS BY SECRETARY.—Before providing the direct loan to the borrower under subsection (b), the Secretary shall determine that— (A) the plan of the borrower for placing the clean coal technology plant in reliable operation has a reasonable prospect of success;

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