The Senate amendment is similar to the House bill, but with a modification with respect

to the placed in service period that determines eligibility for the election. Under the Senate

amendment, facilities are eligible if placed in service during the extension period of section 45 as

provided in the Senate amendment (generally, through 2013; through 2012 for wind facilities),

and with respect to which no credit under section 45 has been allowed.

Conference Agreement

The conference agreement generally follows the Senate amendment. Property eligible for

the credit is tangible personal or other tangible property (not including a building or its structural

components), and with respect to which depreciation or amortization is allowable but only if

such property is used as an integral part of the qualified facility. For example, in the case ofa

wind facility, the conferees intend that only property eligible for five-year depreciation under

section 1 68(e)(3)(b)(vi) is treated as credit-eligible energy property under the election.

Section 25D also provides a 30 percent credit for the purchase of qualified geothermal

heat pump property, qualified small wind energy property, and qualified fuel cell power plants.

The credit for geothermal heat pump property is capped at $2,000, the credit for qualified small

wind energy property is limited to $500 with respect to each half kilowatt of capacity, not to

exceed $4,000, and the credit for any fuel cell may not exceed $500 for each 0.5 kilowatt of

capacity.

...

House Bill

It looks like from the date, people who installed a system in 2008 are S--- out luck.