Sec. 404. EXTENSION AND MODIFICATION OF CELLULOSIC BIOFUEL PRODUCER CREDIT
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## SEC. 404 EXTENSION AND MODIFICATION OF CELLULOSIC BIOFUEL PRODUCER CREDIT ###
(a)Extension ####
(1)In general Subparagraph
(H)of section 40(b)(6) is amended to read as follows: > > ##### “(H) Application of paragraph > > > ###### “(i) In general > > This paragraph shall apply with respect to qualified cellulosic biofuel production after December 31, 2008, and before January 1, 2014. > > > ###### “(ii) No carryover to certain years after expiration > > If this paragraph ceases to apply for any period by reason of clause (i), rules similar to the rules of subsection (e)(2) shall apply.” > . ####
(2)Conforming amendment Paragraph
(2)of section 40(e) is amended by striking “or subsection (b)(6)(H)”. ####
(3)Effective date **[**[26 U.S.C. 40 note](/us/usc/t26/s40)**]** The amendments made by this subsection shall take effect as if included in section 15321(b) of the Heartland, Habitat, and Horticulture Act of 2008. ###
(b)Algae Treated as a Qualified Feedstock ####
(1)In general **[**[26 U.S.C. 40](/us/usc/t26/s40)**]** Subclause
(I)of section 40(b)(6)(E)(i) is amended to read as follows: > > ###### “(I) > > is derived by, or from, qualified feedstocks, and” > . ####
(2)Qualified feedstock; special rules for algae Paragraph
(6)of section 40(b) is amended by redesignating subparagraphs (F), (G), and (H), as amended by this Act, as subparagraphs (H), (I), and (J), respectively, and by inserting after subparagraph
(E)the following new subparagraphs: > > ##### “(F) Qualified feedstock > > For purposes of this paragraph, the term ‘qualified feedstock’ means— > > > ###### “(i) > > any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and > > > ###### “(ii) > > any cultivated algae, cyanobacteria, or lemna. > > > ##### “(G) Special rules for algae > > In the case of fuel which is derived by, or from, feedstock described in subparagraph (F)(ii) and which is sold by the taxpayer to another person for refining by such other person into a fuel which meets the requirements of subparagraph (E)(i)(II) and the refined fuel is not excluded under subparagraph (E)(iii)— > > > ###### “(i) > > such sale shall be treated as described in subparagraph (C)(i), > > > ###### “(ii) > > such fuel shall be treated as meeting the requirements of subparagraph (E)(i)(II) and as not being excluded under subparagraph (E)(iii) in the hands of such taxpayer, and > > > ###### “(iii) > > except as provided in this subparagraph, such fuel (and any fuel derived from such fuel) shall not be taken into account under subparagraph
(C)with respect to the taxpayer or any other person.” > . ####
(3)Conforming amendments #####
(A)Section 40, as amended by paragraph (2), is amended— ######
(i)by striking “cellulosic biofuel” each place it appears in the text thereof and inserting “second generation biofuel”, ######
(ii)by striking “Cellulosic” in the headings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting “Second generation”, and ######
(iii)by striking “cellulosic” in the headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and (e)(3) and inserting “second generation”. #####
(B)Clause
(ii)of section 40(b)(6)(E) is amended by striking “Such term shall not” and inserting “The term ‘second generation biofuel’ shall not”. #####
(C)Paragraph
(1)of section 4101(a) is amended by striking “cellulosic biofuel” and inserting “second generation biofuel”. ####
(4)Effective date The amendments made by this subsection shall apply to fuels sold or used after the date of the enactment of this Act.
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Sec. 404
EXTENSION AND MODIFICATION OF CELLULOSIC BIOFUEL PRODUCER CREDIT
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