Updated October 29, 2004

Contact:
Bob Gardner
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Landfill Gas: Section 45 Tax Credit Update

Washington, D.C. — The Conference report for The JOBS Act was approved on October 6, 2004 by conference committee. The House subsequently approved the conference report HR 4520, and forwarded it to the Senate.  The Senate passed it on October 11, 2004.  The bill contains a Section 45 credit for LFG, but only for facilities placed in service between enactment and December 31, 2005 and only for 5 years at 0.9 cents per kwh. All of the renewable energy sources are getting the same placed in service window and, with the exception of geothermal and solar, all of the new renewables are receiving the same rate per kwh. An extension will be required next year. The reason for the slimmed down energy package is strictly a budgetary issue. This bill had to be revenue neutral for it to pass the Senate and be accepted by the White House. The full text of the Conference Report can be found on the House Ways and Means website at http://waysandmeans.house.gov/Links.asp?section=1639, or by clicking here for a PDF file of the full report. For a Word file of just the relevant section 710, click here. This bill does not include a section 29 extension. President Bush has signed this bill into law.

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