12 2 STA T .38 11 PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 strik i ng‘ ‘ Ja n u ar y1,20 12 ’ ’an d ins e rting ‘‘t h e date of the ena c t m ent of p aragraph ( 11 ) ’’ . (f) EF F ECTIV E DA TE. —T he amendments made b y this section sha l l apply to electricity produced and sold after the date of the enactment of this A ct, in ta x able years ending after such date. SEC.103 .E N E RGY CRE DIT . (a) E X TE NS I O NOF CR E D IT.— (1) S O L AR ENER GYP ROPERTY.— P aragraphs (2)(A)(i)( I I) and ( 3 )(A)(ii) of section 48 (a) are each amended by striking ‘‘January 1, 200 9 ’’ and inserting ‘‘January 1, 201 7 ’’. (2) FU EL CELL PROPERTY.—Subparagraph (E) of section 48(c)(1) is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 201 6 ’’. (3) M ICROTUR B INE PROPERTY.—Subparagraph (E) of section 48(c)(2) is amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2016’’. (b) ALLO W ANCE OF ENERGY CREDIT AGAINST ALTERNATIVE MIN - I M UM TAX.— (1) IN GENERAL.—Subparagraph ( B ) of section 38(c)(4), as amended by the H ousing Assistance Tax Act of 2008, is amended by redesignating clause ( v i) as clause (vi) and (vii), respectively, and by inserting after clause (iv) the follo w ing new clause
‘‘(v) the credit determined under section 46 to the extent that such credit is attributable to the energy credit determined under section 48,’’. (2) TEC H NICAL AMENDMENT.—Clause (vi) of section 38(c)(4)(B), as redesignated by paragraph (1), is amended by striking ‘‘section 47 to the extent attributable to’’ and inserting ‘‘section 46 to the extent that such credit is attributable to the rehabilitation credit under section 47, but only with respect to’’. (c) ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY.— (1) IN GENERAL.—Section 48(a)(3)(A) is amended by striking ‘‘or’’ at the end of clause (iii), by inserting ‘‘or’’ at the end of clause (iv), and by adding at the end the following new clause: ‘‘(v) combined heat and power system property,’’. (2) COMBINED HEAT AND POWER SYSTEM PROPERTY.—Sub- section (c) of section 48 is amended— (A) by striking ‘‘ Q UALIFIED FUEL CELL PROPERTY
QUALIFIED MICROTURBINE PROPERTY’’ in the heading and inserting ‘‘DEFINITIONS’’, and (B) by adding at the end the following new paragraph: ‘‘(3) COMBINED HEAT AND POWER SYSTEM PROPERTY.— ‘‘(A) COMBINED HEAT AND POWER SYSTEM PROPERTY.— The term ‘combined heat and power system property’ means property comprising a system— ‘‘(i) which uses the same energy source for the simultaneous or se q uential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applica- tions), ‘‘(ii) which produces— 26USC48. 26USC4 5note .
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