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136 STAT. 1919 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(9) INCREASED CREDIT AMOUNT FOR ENERGY PROJECTS.— ‘‘(A) IN GENERAL.— ‘‘(i) RULE.—In the case of any energy project which satisfies the requirements of subparagraph (B), the amount of the credit determined under this subsection (determined after the application of paragraphs (1) through (8) and without regard to this clause) shall be equal to such amount multiplied by 5. ‘‘(ii) ENERGY PROJECT DEFINED.—For purposes of this subsection, the term ‘energy project’ means a project consisting of one or more energy properties that are part of a single project. ‘‘(B) PROJECT REQUIREMENTS.—A project meets the requirements of this subparagraph if it is one of the fol- lowing: ‘‘(i) A project with a maximum net output of less than 1 megawatt of electrical (as measured in alter- nating current) or thermal energy. ‘‘(ii) A project the construction of which begins before the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (10)(A) and (11). ‘‘(iii) A project which satisfies the requirements of paragraphs (10)(A) and (11). ‘‘(10) PREVAILING WAGE REQUIREMENTS.— ‘‘(A) IN GENERAL.—The requirements described in this subparagraph with respect to any energy project are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcon- tractor in— ‘‘(i) the construction of such energy project, and ‘‘(ii) for the 5-year period beginning on the date such project is originally placed in service, the alter- ation or repair of such project, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in which such project is located as most recently determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. Subject to subparagraph (C), for purposes of any determination under paragraph (9)(A)(i) for the taxable year in which the energy project is placed in service, the taxpayer shall be deemed to satisfy the requirement under clause (ii) at the time such project is placed in service. ‘‘(B) CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS.—Rules similar to the rules of section 45(b)(7)(B) shall apply. ‘‘(C) RECAPTURE.—The Secretary shall, by regulations or other guidance, provide for recapturing the benefit of any increase in the credit allowed under this subsection by reason of this paragraph with respect to any project which does not satisfy the requirements under subpara- graph (A) (after application of subparagraph (B)) for the period described in clause (ii) of subparagraph (A) (but which does not cease to be investment credit property within the meaning of section 50(a)). The period and Determination. Regulations. Guidelines. Applicability. Time period. Time period. Publication. Guidelines. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00103 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw