Page 100

136 STAT. 1916 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(II) combined heat and power system prop- erty, or ‘‘(III) a building or its structural components. ‘‘(D) TERMINATION.—The term ‘energy storage tech- nology’ shall not include any property the construction of which begins after December 31, 2024. ‘‘(7) QUALIFIED BIOGAS PROPERTY.— ‘‘(A) IN GENERAL.—The term ‘qualified biogas property’ means property comprising a system which— ‘‘(i) converts biomass (as defined in section 45K(c)(3), as in effect on the date of enactment of this paragraph) into a gas which— ‘‘(I) consists of not less than 52 percent methane by volume, or ‘‘(II) is concentrated by such system into a gas which consists of not less than 52 percent methane, and ‘‘(ii) captures such gas for sale or productive use, and not for disposal via combustion. ‘‘(B) INCLUSION OF CLEANING AND CONDITIONING PROP- ERTY.—The term ‘qualified biogas property’ includes any property which is part of such system which cleans or conditions such gas. ‘‘(C) TERMINATION.—The term ‘qualified biogas prop- erty’ shall not include any property the construction of which begins after December 31, 2024. ‘‘(8) MICROGRID CONTROLLER.— ‘‘(A) IN GENERAL.—The term ‘microgrid controller’ means equipment which is— ‘‘(i) part of a qualified microgrid, and ‘‘(ii) designed and used to monitor and control the energy resources and loads on such microgrid. ‘‘(B) QUALIFIED MICROGRID.—The term ‘qualified microgrid’ means an electrical system which— ‘‘(i) includes equipment which is capable of gener- ating not less than 4 kilowatts and not greater than 20 megawatts of electricity, ‘‘(ii) is capable of operating— ‘‘(I) in connection with the electrical grid and as a single controllable entity with respect to such grid, and ‘‘(II) independently (and disconnected) from such grid, and ‘‘(iii) is not part of a bulk-power system (as defined in section 215 of the Federal Power Act (16 U.S.C. 824o)). ‘‘(C) TERMINATION.—The term ‘microgrid controller’ shall not include any property the construction of which begins after December 31, 2024.’’. (4) DENIAL OF DOUBLE BENEFIT FOR QUALIFIED BIOGAS PROP- ERTY.—Section 45(e) is amended by adding at the end the following new paragraph: ‘‘(12) COORDINATION WITH ENERGY CREDIT FOR QUALIFIED BIOGAS PROPERTY.—The term ‘qualified facility’ shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(7)) if a 26 USC 45. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00100 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw