Page:United States Statutes at Large Volume 123.djvu/367

 123STA T . 3 47PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9ofthec e r t i fic a tio n in or d er to pl ace the pro j ect in s er v ice andifs u ch project is not placed in service by that ti m e period , then the certification shall no lon g er be valid .‘ ‘ (3)SEL E CTION C R ITERI A . —I n determining w hich q ualifying advanced energy projects to certify under this section, the Sec - retary— ‘‘( A ) shall ta k e into consideration only those projects where there is a reasonable e x pectation of commercial viability, and ‘‘( B ) shall take into consideration which projects— ‘‘(i) will provide the greatest domestic job creation (both direct and indirect) during the credit period, ‘‘(ii) will provide the greatest net impact in avoiding or reducing air pollutants or anthropogenic emissions of greenhouse gases, ‘‘(iii) have the greatest potential for technological innovation and commercial deployment, ‘‘(iv) have the lowest leveli z ed cost of generated or stored energy, or of measured reduction in energy consumption or greenhouse gas emission (based on costs of the full supply chain), and ‘‘(v) have the shortest project time from certifi- cation to completion. ‘‘( 4 ) R E V IE W AN D REDI S TRI BU TION.— ‘‘(A) REVIEW.— N ot later than 4 years after the date of enactment of this section, the Secretary shall review the credits allocated under this section as of such date. ‘‘(B) REDISTRIBUTION.— T he Secretary may reallocate credits awarded under this section if the Secretary deter- mines that— ‘‘(i) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or ‘‘(ii) any certification made pursuant to paragraph ( 2 ) has been revoked pursuant to paragraph (2)(B) because the project subject to the certification has been delayed as a result of third party opposition or litiga- tion to the proposed project. ‘‘( C ) REALLOCATION.—If the Secretary determines that credits under this section are available for reallocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to conduct an additional pro- gram for applications for certification. ‘‘( 5 ) D ISCLOSURE O F ALLOCATIONS.—The Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. ‘‘(e) DENIAL OF DOUBLE BENEFIT.—A credit shall not be allowed under this section for any qualified investment for which a credit is allowed under section 4 8, 48A, or 48B. ’ ’. (c) CONFOR M IN G AMENDMENTS.— ( 1 ) Section 4 9 (a)(1)(C) is amended by striking ‘‘and’’ at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ‘‘, and’’, and by adding after clause (iv) the following new clause
 * 26USC49.Deadlin

e.