Page:United States Statutes at Large Volume 94 Part 1.djvu/312

 94 STAT. 262

PUBLIC LAW 96-223—APR. 2, 1980 with the Secretary of Energy, which converts ocean thermal energy to usable energy." (c) SOLAR OR WIND ENERGY PROPERTY.—Paragraph (4) of section

26 USC 48.

48(1) (defining solar or wind energy property) is amended— (1) by striking out "or" at the end of subparagraph (A), (2) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof ", or", and (3) by adding at the end thereof the following new subparagraph: "(C) to provide solar process heat." (d) SPECIALLY DEFINED ENERGY PROPERTY.—

(1) ALUMINA ELECTROLYTIC CELLS.—Paragraph (5) of section

48(1) (defining specially defined energy property) is amended— (A) by striking out "or" at the end of subparagraph (K), and (B) by redesignating subparagraph (L) as subparagraph (M) and by inserting after subparagraph (K) the following new subparagraph: "(L) modifications to alumina electrolytic cells, or". (2) STANDARDS FOR SECRETARIAL DISCRETION.—Paragraph (5) of

Ante, p. 257.

section 48(1) is amended by adding at the end thereof the following new sentence: "The Secretary shall not specify any property under subparagraph (M) unless he determines that such specification meets the requirements of paragraph (9) of section 44C(c) for specification of items under section 44C(c)(4)(A)(viii)." (e) QUALIFIED HYDROELECTRIC GENERATING PROPERTY.—

(1) IN GENERAL.—Subsection (1) of section 48 (relating to energy property) is amended by adding at the end thereof the following new paragraph: "(13) QUALIFIED HYDROELECTRIC GENERATING PROPERTY.—

"(A) IN GENERAL.—The term 'qualified hydroelectric generating property' means property installed at a qualified hydroelectric site which is— "(i) equipment for increased capacity to generate electricity by water (up to, but not including, the electrical transmission stage), and "(ii) structures for housing such generating equipment, fish passageways, and dam rehabilitation property, required by reason of the installation of equipment described in clause (i). "(B) QUALIFIED HYDROELECTRIC SITE.—The term 'qualified hydroelectric site' means any site— "(i) at which— "(I) there is a dam the construction of which was completed before October 18, 1979, and which was not significantly enlarged after such date, or "(II) electricity is to be generated without any dam or other impoundment of water, and "(ii) the installed capacity of which is less than 125 megawatts. "(C)

LIMITATION ON CREDIT WHEN INSTALLED CAPACITY

EXCEEDS 25 MEGAWATTS.—For purposes of applying the energy percentage to any qualified hydroelectric generating property placed in service in connection with a site the installed capacity of which exceeds 25 megawatts, the amount taken into account as qualified investment shall not exceed the amount which (but for this subparagraph) would be the qualified investment multiplied by a fraction—

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