H.R. 5159 - Clean Coal Jobs Act of 2018

115TH CONGRESS
2D SESSION

H.R. 5159

To amend the Internal Revenue Code of 1986 to extend
the refined coal production tax credit and modify
the qualifying advanced coal project credit.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 2018

Mr. CRAMER (for himself and Mr. MCKINLEY) introduced the following bill;
which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to extend the refined coal production tax credit and modify the qualifying advanced coal project credit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Clean Coal Jobs Act of 2018".

SEC. 2. EXTENSION OF REFINED COAL PRODUCTION TAX CREDIT.

(a) EXTENSION OF PERIOD FOR PLACING IN SERVICE REFINED COAL PRODUCTION FACILITY. — Section 45(d)(8)(B) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ", or after December 31, 2017, and before January 1, 2021".

(b) EXTENSION OF CREDIT PERIOD FOR CERTAIN PROPERTY PLACED IN SERVICE BEFORE JANUARY 1, 2012. — Section 45(e)(8) of such Code is amended by adding at the end the following new subparagraph:

"(E) EXTENSION OF PERIOD FOR CERTAIN PROPERTY PLACED IN SERVICE BEFORE JANUARY 1, 2012. — In the case of a refined coal production facility which does not produce steel industry fuel and which is placed in service after the date of the enactment of the American Jobs Creation Act of 2004 and before January 1, 2012, subparagraph (A) shall be applied by substituting '20-year period' for '10-year period' each place it appears.".

(c) EFFECTIVE DATE. —

(1) SUBSECTION (a). — The amendment made by subsection (a) shall apply to property placed in service after December 31, 2017.

(2) SUBSECTION (b). — The amendment made by subsection (b) shall apply to fuel produced and sold after the date of the enactment of this Act.

SEC. 3. MODIFICATIONS OF QUALIFYING ADVANCED COAL PROJECT CREDIT.

(a) SEQUESTRATION REQUIREMENT FOR CERTAIN EQUIPMENT. — Section 48A(e)(1)(G) of the Internal Revenue Code of 1986 is amended by inserting after "and 60 percent in the case of an application with respect to an electrical generating unit in existence on October 3, 2008" after "under subsection (d)(4)".

(b) ADVANCED COAL-BASED GENERATION TECHNOLOGY REQUIREMENTS. —

(1) IN GENERAL. — Section 48A(f)(1) of such Code is amended —

(A) by striking "GENERATION TECHNOLOGY. — " and all that follows through "For the purpose of this section" and inserting the following "GENERATION TECHNOLOGY. — For the purpose of this section"; and

(B) by striking "generation technology if — " and all that follows through "the unit is designed" and inserting the following: "generation technology if the unit is designed".

(2) CONFORMING AMENDMENTS. — Section 48A(f) is amended —

(A) by striking paragraphs (2) and (3); and

(B) by striking "in subparagraph (B)" in the second sentence and inserting "in this subsection".

(c) PERFORMANCE REQUIREMENTS IN CASE OF BEST AVAILABLE CONTROL TECHNOLOGY. — Section 48A(f) of such Code, as amended by this Act, is amended by adding at the end the following: "In the case of a unit which has undergone a best available control technology analysis after August 8, 2005, with respect to the removal or emissions of any pollutant specified in the table contained in this subsection, the removal or emissions design level with respect to such pollutant shall be the level determined in such analysis.".

(d) EFFECTIVE DATE. — The amendments made by this section shall apply to allocations and reallocations after the date of the enactment of this Act.