S.Amdt. 1349
What it does: Adds SEC. ____. STATE INCENTIVES FOR USE OF CLEAN COAL TECHNOLOGY on page 96, line 25
Sen. James M. Inhofe (R-OK)What it changes
1 change to S. 14
Adds SEC. ____. STATE INCENTIVES FOR USE OF CLEAN COAL TECHNOLOGY on page 96, line 25
Adds a sectionPrinted pageInserted: SEC. ____. STATE INCENTIVES FOR USE OF CLEAN COAL TECHNOLOGY.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Compliance facility.--The term "compliance facility" means any facility that--
Inserted: (A)(i) is designed, constructed, or installed, and used, at a coal-fired electric generation unit for the primary purpose of complying with acid rain control requirements established by title IV of the Clean Air Amendments of 1990 (42 U.S.C. 7651 et seq.); and
Inserted: (ii) controls or limits emissions of sulfur or nitrogen compounds resulting from the combustion of coal through the removal or reduction of those compounds before, during, or after the combustion of the coal, but before the combustion products are emitted into the atmosphere;
Inserted: (B)(i) removes sulfur compounds from coal before the combustion of the coal; and
Inserted: (ii) is located off the premises of the electric generation facility at which the coal processed by the compliance facility is burned;
Inserted: (C) includes a flue gas desulfurization system connected to a coal-fired electric generation unit; or
Inserted: (D) includes facilities or equipment acquired, constructed, or installed, and used, at a coal-fired electric generating unit primarily for the purpose of handling--
Inserted: (i) the byproducts produced by the compliance facility; or
Inserted: (ii) other coal combustion byproducts produced by the electric generation unit in or to which the compliance facility is incorporated or connected.
Inserted: (2) Electric utility.--The term "electric utility" means any person (including any municipality) that generates, transmits, or distributes electric energy through the use of a coal-fired generating unit that contains, is attached to, or is used in conjunction with a compliance facility.
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Inserted: (b) Credits.--A State may provide to an electric utility a credit against any tax or fee owed to the State under a State law, in an amount calculated under, and in accordance with, a formula to be determined by the State, for the use of coal mined from deposits in the State that is burned in a coal-fired electric generation unit that is owned or operated by the electric utility that receives the credit.
Inserted: (c) Effect on Interstate Commerce.--Action taken by a State in accordance with this section--
Inserted: (1) shall be considered to be a reasonable regulation of commerce as of the effective date of the action; and
Inserted: (2) shall not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce.
Original wording
On page 96, after line 25, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1349. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:
On page 96, after line 25, add the following:
SEC. ____. STATE INCENTIVES FOR USE OF CLEAN COAL TECHNOLOGY.
(a) Definitions.--In this section:
(1) Compliance facility.--The term “compliance facility” means any facility that--
(A)(i) is designed, constructed, or installed, and used, at a coal-fired electric generation unit for the primary purpose of complying with acid rain control requirements established by title IV of the Clean Air Amendments of 1990 (42 U.S.C. 7651 et seq.); and
(ii) controls or limits emissions of sulfur or nitrogen compounds resulting from the combustion of coal through the removal or reduction of those compounds before, during, or after the combustion of the coal, but before the combustion products are emitted into the atmosphere;
(B)(i) removes sulfur compounds from coal before the combustion of the coal; and
(ii) is located off the premises of the electric generation facility at which the coal processed by the compliance facility is burned;
(C) includes a flue gas desulfurization system connected to a coal-fired electric generation unit; or
(D) includes facilities or equipment acquired, constructed, or installed, and used, at a coal-fired electric generating unit primarily for the purpose of handling--
(i) the byproducts produced by the compliance facility; or
(ii) other coal combustion byproducts produced by the electric generation unit in or to which the compliance facility is incorporated or connected.
(2) Electric utility.--The term “electric utility” means any person (including any municipality) that generates, transmits, or distributes electric energy through the use of a coal-fired generating unit that contains, is attached to, or is used in conjunction with a compliance facility.
(b) Credits.--A State may provide to an electric utility a credit against any tax or fee owed to the State under a State law, in an amount calculated under, and in accordance with, a formula to be determined by the State, for the use of coal mined from deposits in the State that is burned in a coal-fired electric generation unit that is owned or operated by the electric utility that receives the credit.
(c) Effect on Interstate Commerce.--Action taken by a State in accordance with this section--
(1) shall be considered to be a reasonable regulation of commerce as of the effective date of the action; and
(2) shall not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce.
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Senate amendment submitted
July 23, 2003