123STA T . 3 65PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(1)QUALIF I ED FA C ILI T IE S.—Anyqualif i edpro per t y(a s defined in se c tion 48 (a)( 5 )( D )oft h e I nternal R e v enue C ode of1 9 8 6 ) w hich is part of a qualified facility (within the m eanin g of section 45 of such Code) descri b ed in paragraph (1) , ( 2 ), ( 3 ), (4), (6), ( 7 ), (9), or (11) of section 45(d) of such Code. (2) QUALIFIED FUEL CELL PRO PERT Y .—Any qualified fuel cell property (as defined in section 48(c)(1) of such Code). (3) S OLAR PROPERTY.—Any property described in clause (i) or (ii) of section 48(a)(3)(A) of such Code. (4) QUALIFIED S M ALL W I N D ENER G Y PROPERTY.—Any quali - fied small wind energy property (as defined in section 48(c)(4) of such Code). (5) G EOT H ERMAL PROPERTY.—Any property described in clause (iii) of section 48(a)(3)(A) of such Code. (6) QUALIFIED MICROTUR B INE PROPERTY.—Any qualified microturbine property (as defined in section 48(c)(2) of such Code). (7) COMBINED HEAT AND POWER SYSTEM PROPERTY.—Any combined heat and power system property (as defined in section 48(c)(3) of such Code). (8) GEOTHERMAL HEAT PUMP PROPERTY.—Any property described in clause (vii) of section 48(a)(3)(A) of such Code. Such term shall not include any property unless depreciation (or amorti z ation in lieu of depreciation) is allowable with respect to such property. (e) CREDIT T ERMINATION DATE.— F or purposes of this section, the term ‘ ‘credit termination date ’ ’ means— (1) in the case of any specified energy property which is part of a facility described in paragraph (1) of section 45(d) of the Internal Revenue Code of 1986, J anuary 1, 2 0 13, (2) in the case of any specified energy property which is part of a facility described in paragraph (2), (3), (4), (6), (7), (9), or (11) of section 45(d) of such Code, January 1, 2014, and (3) in the case of any specified energy property described in section 48 of such Code, January 1, 2017. In the case of any property which is described in paragraph (3) and also in another paragraph of this subsection, paragraph (3) shall apply with respect to such property. (f) APPLICATION OF CERTAIN RULES.—In ma k ing grants under this section, the Secretary of the Treasury shall apply rules similar to the rules of section 50 of the Internal Revenue Code of 1986. In applying such rules, if the property is disposed of, or otherwise ceases to be specified energy property, the Secretary of the Treasury shall provide for the recapture of the appropriate percentage of the grant amount in such manner as the Secretary of the Treasury determines appropriate. (g) EX CEPTION FOR CERTAIN N ON-TAXPAYERS.—The Secretary of the Treasury shall not make any grant under this section to— (1) any Federal, State, or local government (or any political subdivision, agency, or instrumentality thereof), (2) any organization described in section 501(c) of the Internal Revenue Code of 1986 and e x empt from tax under section 501(a) of such Code, (3) any entity referred to in paragraph (4) of section 54( j ) of such Code, or Ap p licab ili ty.
