S.Amdt. 888

1. Adds SEC. 15__. STATE INCENTIVES FOR USE OF CLEAN COAL TECHNOLOGY at the end of title XV

   Adds a section

   In H.R. 6 · Placed on Calendar Senate

   (4) The term "a control or prohibition respecting a new fuel" means a control or prohibition on the formulation, composition, or emissions characteristics of a fuel that would require the increase or decrease of a constituent in gasoline or diesel fuel.

   Inserted: SEC. 15__. 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 Public Law 101-549 (commonly known as the "Clean Air Act 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 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

   At the end of title XV, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed