118 STAT. 1555 PUBLIC LAW 108–357—OCT. 22, 2004 ‘‘(4) GEOTHERMAL OR SOLAR ENERGY FACILITY.—In the case of a facility using geothermal or solar energy to produce elec tricity, the term ‘qualified facility’ means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2006. Such term shall not include any property described in section 48(a)(3) the basis of which is taken into account by the taxpayer for purposes of determining the energy credit under section 48. ‘‘(5) SMALL IRRIGATION POWER FACILITY.—In the case of a facility using small irrigation power to produce electricity, the term ‘qualified facility’ means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2006. ‘‘(6) LANDFILL GAS FACILITIES.—In the case of a facility producing electricity from gas derived from the biodegradation of municipal solid waste, the term ‘qualified facility’ means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2006. ‘‘(7) TRASH COMBUSTION FACILITIES.—In the case of a facility which burns municipal solid waste to produce electricity, the term ‘qualified facility’ means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2006. ‘‘(8) REFINED COAL PRODUCTION FACILITY.—The term ‘refined coal production facility’ means a facility which is placed in service after the date of the enactment of this paragraph and before January 1, 2009.’’. (2) RULES FOR REFINED COAL PRODUCTION FACILITIES.— Subsection (e) of section 45, as so redesignated, is amended by adding at the end the following new paragraph: ‘‘(8) REFINED COAL PRODUCTION FACILITIES.— ‘‘(A) DETERMINATION OF CREDIT AMOUNT.—In the case of a producer of refined coal, the credit determined under this section (without regard to this paragraph) for any taxable year shall be increased by an amount equal to $4.375 per ton of qualified refined coal— ‘‘(i) produced by the taxpayer at a refined coal production facility during the 10 year period beginning on the date the facility was originally placed in service, and ‘‘(ii) sold by the taxpayer— ‘‘(I) to an unrelated person, and ‘‘(II) during such 10 year period and such tax able year. ‘‘(B) PHASEOUT OF CREDIT.—The amount of the increase determined under subparagraph (A) shall be reduced by an amount which bears the same ratio to the amount of the increase (determined without regard to this subpara graph) as— ‘‘(i) the amount by which the reference price of fuel used as a feedstock (within the meaning of sub section (c)(7)(A)) for the calendar year in which the sale occurs exceeds an amount equal to 1.7 multiplied
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