n-05-28.pdf

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# Part III - Administrative, Procedural, and Miscellaneous

Project nominations under the Brownfields Demonstration Program for Qualified Green
Building and Sustainable Design Projects

Notice 2005-28

This notice extends the deadline by which State and local governments may
nominate projects for designation by the Secretary as qualified green building and
sustainable design projects under § 142(1) of the Internal Revenue Code (the "Code").

Section 701 of the American Jobs Creation Act of 2004, Pub. L. No. 108-357 (the
"Act"), enacted on October 22, 2004, added §§ 142(a)(14) and 142(I) to the Code. In
general, §§ 142(a)(14) and 142(l) authorize up to $2,000,000,000 of tax-exempt private
activity bonds to be issued by State or local governments for qualified green building
and sustainable design projects. Section 142(1)(1) defines a "qualified green building
and sustainable design project" as any project that is designated by the Secretary, after
consultation with the Administrator of the Environmental Protection Agency, as a
qualified green building and sustainable design project and that meets certain other
requirements.

Under § 142(l)(3), to be eligible for designation as a qualified green building and
sustainable design project, a project must be nominated by a State or local government
within 180 days of the enactment of the Act. In consultation with the Environmental
Protection Agency, the Service is preparing guidance for State and local governments
on the application procedures and requirements for designation of projects as qualified

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green building and sustainable design projects under § 142(l) of the Code and § 701 of
the Act. Under the guidance, the deadline for State and local governments to nominate
projects for designation by the Secretary as qualified green building and sustainable
design projects will be 120 days after the date of publication of the guidance in the
Internal Revenue Bulletin. The Service will treat a project as nominated within the
statutorily prescribed time period if an application for the project that otherwise satisfies
the applicable requirements is filed by the deadline set forth in the forthcoming
guidance.

## DRAFTING INFORMATION

The principal author of this notice is Zoran Stojanovic of the Office of Associate
Chief Counsel (Tax Exempt & Government Entities). For further information regarding
this notice contact Zoran Stojanovic at (202) 622-3980 (not a toll-free call).