PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 1001
application shall be protected as provided in section 552(b)(4) of title 5, United States Code. ‘‘(C) TIME TO ACT UPON APPLICATIONS FOR CERTIFICATION.—The Secretary shall issue a determination as to whether an applicant has met the requirements under subsection (e)(1) within 60 days following the date of submittal of the application for certification. ‘‘(D) TIME TO MEET CRITERIA FOR CERTIFICATION.—Each applicant for certification shall have 2 years from the date of acceptance by the Secretary of the application during which to provide to the Secretary evidence that the criteria set forth in subsection (e)(2) have been met. ‘‘(E) PERIOD OF ISSUANCE.—An applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the project in service and if such project is not placed in service by that time period then the certification shall no longer be valid. ‘‘(3) AGGREGATE CREDITS.— ‘‘(A) IN GENERAL.—The aggregate credits allowed under subsection (a) for projects certified by the Secretary under paragraph (2) may not exceed $1,300,000,000. ‘‘(B) PARTICULAR PROJECTS.—Of the dollar amount in subparagraph (A), the Secretary is authorized to certify— ‘‘(i) $800,000,000 for integrated gasification combined cycle projects, and ‘‘(ii) $500,000,000 for projects which use other advanced coal-based generation technologies. ‘‘(4) REVIEW AND REDISTRIBUTION.— ‘‘(A) REVIEW.—Not later than 6 years after the date of enactment of this section, the Secretary shall review the credits allocated under this section as of the date which is 6 years after the date of enactment of this section. ‘‘(B) REDISTRIBUTION.—The Secretary may reallocate credits available under clauses (i) and (ii) of paragraph (3)(B) if the Secretary determines that— ‘‘(i) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or ‘‘(ii) any certification made pursuant to subsection paragraph (2) has been revoked pursuant to subsection paragraph (2)(D) because the project subject to the certification has been delayed as a result of third party opposition or litigation to the proposed project. ‘‘(C) REALLOCATION.—If the Secretary determines that credits under clause (i) or (ii) of paragraph (3)(B) are available for reallocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to conduct an additional program for applications for certification. ‘‘(e) QUALIFYING ADVANCED COAL PROJECTS.— ‘‘(1) REQUIREMENTS.—For purposes of subsection (c)(1), a project shall be considered a qualifying advanced coal project that the Secretary may certify under subsection (d)(2) if the Secretary determines that, at a minimum— ‘‘(A) the project uses an advanced coal-based generation technology— ‘‘(i) to power a new electric generation unit; or
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