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136 STAT. 1925 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(1) APPLICABLE ELECTRIC GENERATING UNIT.—The term ‘applicable electric generating unit’ means the principal electric generating unit for which the carbon capture equipment is originally planned and designed. ‘‘(2) BASELINE CARBON OXIDE PRODUCTION.— ‘‘(A) IN GENERAL.—The term ‘baseline carbon oxide production’ means either of the following: ‘‘(i) In the case of an applicable electric generating unit which was originally placed in service more than 1 year prior to the date on which construction of the carbon capture equipment begins, the average annual carbon oxide production, by mass, from such unit during— ‘‘(I) in the case of an applicable electric gener- ating unit which was originally placed in service more than 1 year prior to the date on which construction of the carbon capture equipment begins and on or after the date which is 3 years prior to the date on which construction of such equipment begins, the period beginning on the date such unit was placed in service and ending on the date on which construction of such equipment began, and ‘‘(II) in the case of an applicable electric gener- ating unit which was originally placed in service more than 3 years prior to the date on which construction of the carbon capture equipment begins, the 3 years with the highest annual carbon oxide production during the 12-year period pre- ceding the date on which construction of such equipment began. ‘‘(ii) In the case of an applicable electric generating unit which— ‘‘(I) as of the date on which construction of the carbon capture equipment begins, is not yet placed in service, or ‘‘(II) was placed in service during the 1-year period prior to the date on which construction of the carbon capture equipment begins, the designed annual carbon oxide production, by mass, as determined based on an assumed capacity factor of 60 percent. ‘‘(B) CAPACITY FACTOR.—The term ‘capacity factor’ means the ratio (expressed as a percentage) of the actual electric output from the applicable electric generating unit to the potential electric output from such unit.’’. (B) CONFORMING AMENDMENT.—Section 142(o)(1)(B) is amended by striking ‘‘section 45Q(e)(1)’’ and inserting ‘‘sec- tion 45Q(e)(3)’’. (b) MODIFIED APPLICABLE DOLLAR AMOUNT.—Section 45Q(b)(1)(A) is amended— (1) in clause (i)— (A) in subclause (I), by striking ‘‘the dollar amount’’ and all that follows through ‘‘such period’’ and inserting ‘‘$17’’, and 26 USC 142. Time periods. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00109 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw