Division
B: Energy Improvement and Extension Act of 2008 - Energy Improvement and Extension Act
of 2008 - Title I: Energy Production Incentives - Subtitle A: Renewable
Energy Incentives - (Sec. 101) Extends through 2009 the tax credit for
producing electricity from wind and refined coal facilities. Extends
through 2010 such tax credit for other facilities, including closed and
open-loop biomass, solar energy, small irrigation power, landfill gas, trash
combustion, and hydropower. Modifies rules for and
definitions of refined coal, trash and biomass facilities, and hydropower
production.
(Sec.
102) Includes marine and hydrokinetic renewable energy as a
renewable resource for purposes of the tax credit for producing electricity
from renewable resources.
(Sec.
103) Extends through 2016 the energy tax credit for solar
energy, fuel cell, and microturbine property. Allows a new energy tax credit for combined heat and power system
property. Increases to $1,500 the credit limitation
for fuel cell property. Modifies energy tax credit
rules to allow: (1) offsets of tax credit amounts against alternative minimum
tax (AMT) liabilities; and (2) public utility property to qualify for such
credit.
(Sec.
104) Allows a new energy tax credit for 30% of expenditures for wind turbines
used to generate electricity in a residence and for geothermal heat pump
systems.
(Sec.
106) Extends through 2016 the tax credit for residential
energy efficient property. Eliminates the limitation
on the tax credit for solar electric property. Allows
a residential energy tax credit for 30% of small wind energy and geothermal
heat pump property expenditures.
(Sec.
107) Allows a new tax credit for investment in new clean
renewable energy bonds for capital investment in renewable energy facilities.
Extends through 2009 the authority to issue clean renewable
energy bonds.
(Sec.
108) Includes steel industry fuel as a renewable resource for
purposes of the tax credit for producing electricity from renewable resources.
Defines "steel industry fuel" as fuel that: (1) is
produced by liquefying coal waste sludge and distributing it on coal; and (2)
is used as a feedstock for the manufacture of coke.
(Sec.
109) Extends through 2009 the deferral of tax on the gain on
sales of transmission property by vertically-integrated electric utilities to
independent transmission companies approved by the Federal Energy Regulatory
Commission (FERC).
Subtitle
B: Carbon Mitigation and Coal Provisions - (Sec. 111) Allows a 30% investment tax credit rate for
advanced coal-based generation technology projects and increases the maximum
credit amounts allocable for such projects to $2.55 billion.
Authorizes
additional carbon energy projects, including projects for the capture and and sequestration of carbon dioxide.
(Sec.
112) Increases to 30% the investment tax credit rate for coal
gasification projects and the aggregate credit amount for such projects.
(Sec.
113) Extends the excise tax on coal until the earlier of January 1, 2019, or
the day after the first December 31 after December 31, 2007, on which there is
no balance of repayable advances made to the Black Lung Disability Trust Fund
and no unpaid interest on such advances. Makes a one-time
appropriation to the Trust Fund to pay the difference between the market value
of outstanding repayable advances (plus accrued interest) and the proceeds from
the obligations issued by such Trust Fund to the Secretary of the Treasury.
(Sec.
114) Sets forth special rules for refund claims of the coal
excise tax by certain coal producers and exporters.
(Sec.
115) Allows a new tax credit for carbon dioxide
sequestration.
(Sec.
116) Provides for the treatment of certain income and gains from industrial
source carbon dioxide as qualifying income for publicly traded partnerships.
(Sec.
117) Directs the Secretary of the Treasury to contract with
the National Academy of Sciences for a comprehensive review of Internal Revenue
Code provisions that have the largest effects on carbon and other greenhouse
gas emissions and an estimate of the magnitude of such effects. Requires the Academy to report to Congress on the results of such
study within two years after the enactment of this Act. Authorizes appropriations.
Title
II: Transportation and Domestic Fuel Security Provisions - (Sec. 201) Includes cellulosic biofuel within the
definition of biomass ethanol plant property for purposes of the bonus
depreciation allowance.
(Sec.
202) Increases and extends through 2009 income and excise tax credits for biodiesel and renewable diesel used as fuel.
(Sec.
203) Disqualifies foreign-produced fuel that is used or sold
for use outside the
(Sec.
204) Extends through 2009 the excise tax credit for
alternative fuel and fuel mixtures. Requires such
fuels to include compressed or liquefied biomass gas and to meet certain carbon
capture requirements.
(Sec.
205) Allows a new tax credit for new qualified plug-in
electric drive motor vehicles. Limits the amount of such credit based
upon the gross vehicle weight rating of such vehicles. Terminates
such credit after 2014.
(Sec.
206) Allows an exclusion from the heavy truck excise tax for
idling reduction devices and advanced insulation used in certain heavy trucks
and trailers.
(Sec.
207) Extends through 2010 the tax credit for alternative fuel
vehicle refueling property expenditures. Includes
electricity as a clean burning fuel for purposes of such credit.
(Sec.
208) Provides for the treatment of certain income and gains
from alcohol, biodiesel, and alternative fuels and
mixtures as qualifying income for publicly traded partnerships.
(Sec.
209) Extends through 2013 the taxpayer election to expense
costs of certain refinery property.
(Sec.
210) Extends the suspension of the taxable income limit on
percentage depletion for oil and natural gas produced from marginal properties.
(Sec.
211) Allows employees to exclude reimbursements for bicycle
commuting expenses from gross income.
Title
III: Energy Conservation And Efficiency Provisions - (Sec. 301) Allows a new tax credit
for investment in qualified energy conservation bonds for capital expenditures
to reduce energy consumption in public buildings, implement green community
programs, develop alternative and renewable energy sources, and promote mass
commuting facilities.
(Sec.
302) Extends through 2009 the tax credit for nonbusiness energy property expenditures. Includes energy-efficient biomass fuel stoves as property eligible
for such tax credit. Modifies tax credit standards for
water heaters, geothermal heat pumps, and energy efficiency improvements.
(Sec.
303) Extends through 2013 the tax deduction for energy
efficient commercial buildings.
(Sec.
304) Extends through 2009 the tax credit for residential
energy efficiency improvements.
(Sec.
305) Modifies tax credit amounts and standards for energy
efficient household appliances produced after 2007.
(Sec.
306) Allows an accelerated 10-year recovery period for the
depreciation of qualified smart electric meters and smart electric grid
systems.
(Sec.
307) Extends through FY2012 the authority to issue tax-exempt
bonds for qualified green building and sustainable design projects.
(Sec.
308) Allows a 50% depreciation allowance for reuse and recycling property used
to collect, distribute, or recycle certain materials, including scrap, fibers,
and metals.
Title
IV: Revenue Provisions
- (Sec. 401) Reduces by 3% the tax deduction for income attributable to
domestic production activities for taxpayers with income derived from
activities related to oil, gas, or any primary products thereof.
(Sec.
402) Revises the tax treatment of foreign oil and gas
extraction income and foreign oil related income for purposes of the foreign
tax credit.
(Sec.
403) Includes within the reporting requirements of investment
brokers the adjusted basis of any publicly traded security owned by customers
of such brokers.
(Sec.
404) Extends through 2009 the 0.2% Federal Unemployment Tax
Act (FUTA) surtax.
(Sec.
405) Increases the Oil Spill Liability Trust Fund financing rate and extends
such rate through 2017.
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