119 STAT. 752
PUBLIC LAW 109–58—AUG. 8, 2005
shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed. (B) APPLICABILITY OF MILESTONES.—In applying the thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) to projects that separate and capture at least 50 percent of the potential emissions of carbon dioxide by a facility, the energy used for separation and capture of carbon dioxide shall not be counted in calculating the thermal efficiency. (C) PERMITTED USES.—In carrying out this section, the Secretary may give priority to projects that include, as part of the project— (i) the separation or capture of carbon dioxide; or (ii) the reduction of the demand for natural gas if deployed. (c) FINANCIAL CRITERIA.—The Secretary shall not provide financial assistance under this subtitle for a project unless the recipient documents to the satisfaction of the Secretary that— (1) the recipient is financially responsible; (2) the recipient will provide sufficient information to the Secretary to enable the Secretary to ensure that the funds are spent efficiently and effectively; and (3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology. (d) FINANCIAL ASSISTANCE.—The Secretary shall provide financial assistance to projects that, as determined by the Secretary— (1) meet the requirements of subsections (a), (b), and (c); and (2) are likely— (A) to achieve overall cost reductions in the use of coal to generate useful forms of energy or chemical feedstocks; (B) to improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and (C) to demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities, using various types of coal, that use coal as the primary feedstock as of the date of enactment of this Act. (e) COST-SHARING.—In carrying out this subtitle, the Secretary shall require cost sharing in accordance with section 988. (f) SCHEDULED COMPLETION OF SELECTED PROJECTS.— (1) IN GENERAL.—In selecting a project for financial assistance under this section, the Secretary shall establish a reasonable period of time during which the owner or operator of the project shall complete the construction or demonstration phase of the project, as the Secretary determines to be appropriate. (2) CONDITION OF FINANCIAL ASSISTANCE.—The Secretary shall require as a condition of receipt of any financial assistance under this subtitle that the recipient of the assistance enter
VerDate 14-DEC-2004
08:19 Oct 26, 2006
Jkt 039194
PO 00001
Frm 00750
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.119
APPS06
PsN: PUBL001
�
