12 2 STA T .38 1 0PUBLIC LA W 110 – 3 4 3 —O CT. 3 , 2008 (f)EF F ECTIV E DA TE .— ( 1 ) ING ENE R A L .—E xceptaso t h e rwi se pro v i d edi n this s ub- section , the a m endments made b y this section sha l l apply to property ori g inally placed in service after December 3 1, 20 0 8 . (2) R EFINE D C O AL.— T he amendments made by subsection (b) shall apply to coal produced and sold from facilities placed in service after December 31, 2008. (3) TRA SH FACILIT Y CLARIFICATION.—The amendments made by subsection (c) shall apply to electricity produced and sold after the date of the enactment of this A ct. ( 4 )E XP ANSION OF B IO M ASS FACILITIES.—The amendments made by subsection (d) shall apply to property placed in service after the date of the enactment of this Act. SEC.102 . PRODU C TI O N CREDIT F ORE L ECTRICIT Y PRODUCED FRO M M A RINE RENE W A B LES. (a) IN G ENERAL.— P aragraph (1) of section 4 5 (c) is amended by stri k ing ‘ ‘and ’ ’ at the end of subparagraph (G), by striking the period at the end of subparagraph ( H ) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph
‘‘(I) marine and hydrokinetic renewable energy.’’. (b) M ARINE RENE W ABLES.— S ubsection (c) of section 45 is amended by adding at the end the following new paragraph: ‘‘(10) MARINE AND HYDRO K INETIC RENEWABLE ENERGY.— ‘‘(A) IN GENERAL.—The term ‘marine and hydrokinetic renewable energy’ means energy derived from— ‘‘(i) waves, tides, and currents in oceans, estuaries, and tidal areas, ‘‘(ii) free flowing water in rivers, lakes, and streams, ‘‘(iii) free flowing water in an irrigation system, canal, or other man-made channel, including pro j ects that utili z e nonmechanical structures to accelerate the flow of water for electric power production purposes, or ‘‘(iv) differentials in ocean temperature (ocean thermal energy conversion). ‘‘( B ) EXCEPTIONS.—Such term shall not include any energy which is derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.’’. (c) DEFINITION OF F ACILITY.—Subsection (d) of section 45 is amended by adding at the end the following new paragraph: ‘‘(11) MARINE AND HYDROKINETIC RENEWABLE ENERGY FACILITIES.—In the case of a facility producing electricity from marine and hydrokinetic renewable energy, the term ‘ q ualified facility’ means any facility owned by the taxpayer— ‘‘(A) which has a nameplate capacity rating of at least 150 kilowatts, and ‘‘(B) which is originally placed in service on or after the date of the enactment of this paragraph and before J anuary 1, 2012.’’. (d) C REDIT RATE.—Subparagraph (A) of section 45(b)(4) is amended by striking ‘‘or ( 9 )’’ and inserting ‘‘(9), or (11)’’. (e) COORDINATION W ITH SMALL IRRIGATION POWER.—Paragraph (5) of section 45(d), as amended by section 101, is amended by Electri cit y.Ap plic ab ility. 26USC45no te.
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