12 2 STA T .38 23 PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 ‘ ‘ (i i )foran a l lo c a t ion fro m t hed ollar amo u nt sp eci - fied in para g raph ( 3 )( B )(iii) during the 3- y ear period b eginning at the earlier of the termination of the period described in clause (i) or the date prescribed by the S ecretary .’ ’. (3) CAPTURE A NDS E Q UESTRAT IO NO FC AR B ON DIO X IDE E M IS- SIONS REQUIREMENT. — ( A ) I N G ENERA L .—Section 48 A(e)( 1 ) is amended by stri k ing ‘‘and’’ at the end of subparagraph ( E ) , by striking the period at the end of subparagraph ( F ) and inserting ‘‘
and’’, and by adding at the end the follo w ing new subparagraph
‘‘( G )inthecaseofanypro j ect the application for which is submitted during the period described in subsection (d)( 2 )(A)(ii), the project includes e q uipment which separates and sequesters at least 65 percent ( 70 percent in the case of an application for reallocated credits under subsection (d)(4)) of such project’s total carbon dio x ide emissions.’’. (B) H IG H EST PRIORIT Y FOR PRO J ECTS W HICH SEQUESTER CARBON DIOXIDE EMISSIONS.—Section 48A(e)(3) is amended by striking ‘‘and’’ at the end of subparagraph (A)(iii), by striking the period at the end of subparagraph (B)(iii) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(C) gi v e highest priority to projects with the greatest separation and sequestration percentage of total carbon dioxide emissions.’’. (C) R ECAPTURE OF CREDIT FOR FAILURE TO SEQUESTER.—Section 48A is amended by adding at the end the following new subsection: ‘‘(i) RECAPTURE OF CREDIT FOR FAILURE T O SEQUESTER.—The Secretary shall provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any project which fails to attain or maintain the separation and sequestration require- ments of subsection (e)(1)(G).’’. (4) ADDITIONAL PRIORITY FOR RESEARCH PARTNERSHIPS.— Section 48A(e)(3)(B), as amended by paragraph (3)(B), is amended— (A) by striking ‘‘and’’ at the end of clause (ii), (B) by redesignating clause (iii) as clause (iv), and (C) by inserting after clause (ii) the following new clause: ‘‘(iii) applicant participants who have a research partnership with an eligible educational institution (as defined in section 52 9 (e)(5)), and’’. (5) CLERICAL AMENDMENT.—Section 48A(e)(3) is amended by striking ‘‘INTEGRATED GASIFICATION COMBINED CYCLE’’ in the heading and inserting ‘‘CERTAIN’’. (d) D ISCLOSURE OF ALLOCATIONS.—Section 48A(d) is amended by adding at the end the following new paragraph: ‘‘(5) DISCLOSURE OF ALLOCATIONS.—The Secretary shall, upon making a certification under this subsection or section 48B(d), publicly disclose the identity of the applicant and the amount of the credit certified with respect to such applicant.’’. (e) EFFECTI V E DATES.— (1) IN GENERAL.—Except as otherwise provided in this sub- section, the amendments made by this section shall apply to 26USC48Anote. 26 USC 48A.
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