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136 STAT. 1923 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(i) less than 200 percent of the poverty line (as defined in section 36B(d)(3)(A)) applicable to a family of the size involved, or ‘‘(ii) less than 80 percent of area median gross income (as determined under section 142(d)(2)(B)). ‘‘(D) FINANCIAL BENEFIT.—For purposes of subpara- graphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ‘‘(3) ELIGIBLE PROPERTY.—For purposes of this section, the term ‘eligible property’ means energy property which— ‘‘(A) is part of a facility described in section 45(d)(1) for which an election was made under subsection (a)(5), or ‘‘(B) is described in clause (i) or (vi) of subsection (a)(3)(A), including energy storage technology (as described in subsection (a)(3)(A)(ix)) installed in connection with such energy property. ‘‘(4) ALLOCATIONS.— ‘‘(A) IN GENERAL.—Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a program to allocate amounts of environmental justice solar and wind capacity limitation to qualified solar and wind facilities. In establishing such program and to carry out the purposes of this subsection, the Secretary shall provide procedures to allow for an efficient allocation process, including, when determined appropriate, consider- ation of multiple projects in a single application if such projects will be placed in service by a single taxpayer. ‘‘(B) LIMITATION.—The amount of environmental justice solar and wind capacity limitation allocated by the Sec- retary under subparagraph (A) during any calendar year shall not exceed the annual capacity limitation with respect to such year. ‘‘(C) ANNUAL CAPACITY LIMITATION.—For purposes of this paragraph, the term ‘annual capacity limitation’ means 1.8 gigawatts of direct current capacity for each of calendar years 2023 and 2024, and zero thereafter. ‘‘(D) CARRYOVER OF UNUSED LIMITATION.—If the annual capacity limitation for any calendar year exceeds the aggre- gate amount allocated for such year under this paragraph, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2024 except as provided in section 48E(h)(4)(D)(ii). ‘‘(E) PLACED IN SERVICE DEADLINE.— ‘‘(i) IN GENERAL.—Paragraph (1) shall not apply with respect to any property which is placed in service after the date that is 4 years after the date of the allocation with respect to the facility of which such property is a part. ‘‘(ii) APPLICATION OF CARRYOVER.—Any amount of environmental justice solar and wind capacity limita- tion which expires under clause (i) during any calendar year shall be taken into account as an excess described in subparagraph (D) (or as an increase in such excess) Time period. Definition. Procedures. Deadline. Definition. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00107 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw