118 STAT. 1552 PUBLIC LAW 108–357—OCT. 22, 2004 be treated as if it were an equivalent reduction in retiree health coverage. ‘‘(II) ELIGIBLE EMPLOYER.—For purposes of subclause (I), an employer shall be treated as an eligible employer for any taxable year if, for the preceding taxable year, the qualified current retiree health liabilities of the employer were at least 5 percent of the gross receipts of the employer. For purposes of this subclause, the rules of paragraphs (2), (3)(B), and (3)(C) of section 448(c) shall apply in determining the amount of an employer’s gross receipts.’’. (2) CONFORMING AMENDMENT.—Section 420(c)(3)(E) is amended by striking ‘‘The Secretary’’ and inserting: ‘‘(i) IN GENERAL.—The Secretary’’. (3) EFFECTIVE DATE.—The amendments made by this sub section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 710. EXPANSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) EXPANSION OF QUALIFIED ENERGY RESOURCES.—Subsection (c) of section 45 (relating to electricity produced from certain renew able resources) is amended to read as follows: ‘‘(c) QUALIFIED ENERGY RESOURCES AND REFINED COAL.—For purposes of this section: ‘‘(1) IN GENERAL.—The term ‘qualified energy resources’ means— ‘‘(A) wind, ‘‘(B) closed loop biomass, ‘‘(C) open loop biomass, ‘‘(D) geothermal energy, ‘‘(E) solar energy, ‘‘(F) small irrigation power, and ‘‘(G) municipal solid waste. ‘‘(2) CLOSED LOOP BIOMASS.—The term ‘closed loop biomass’ means any organic material from a plant which is planted exclusively for purposes of being used at a qualified facility to produce electricity. ‘‘(3) OPEN LOOP BIOMASS.— ‘‘(A) IN GENERAL.—The term ‘open loop biomass’ means— ‘‘(i) any agricultural livestock waste nutrients, or ‘‘(ii) any solid, nonhazardous, cellulosic waste material which is segregated from other waste mate rials and which is derived from— ‘‘(I) any of the following forest related resources: mill and harvesting residues, precommercial thinnings, slash, and brush, ‘‘(II) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure treated, chemically treated, or painted wood wastes), and landscape or right of way tree trim mings, but not including municipal solid waste, gas derived from the biodegradation of solid waste, or paper which is commonly recycled, or 26 USC 420 note. 26 USC 420.
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