Page 111

136 STAT. 1927 PUBLIC LAW 117–169—AUG. 16, 2022 subsection (a) shall be equal to such amount (determined with- out regard to this sentence) multiplied by 5. ‘‘(2) REQUIREMENTS.—The requirements described in this paragraph are that— ‘‘(A) with respect to any qualified facility the construc- tion of which begins on or after the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (3)(A) and (4), as well as any carbon capture equipment placed in service at such facility— ‘‘(i) subject to subparagraph (B) of paragraph (3), the taxpayer satisfies the requirements under subpara- graph (A) of such paragraph with respect to such facility and equipment, and ‘‘(ii) the taxpayer satisfies the requirements under paragraph (4) with respect to the construction of such facility and equipment, ‘‘(B) with respect to any carbon capture equipment the construction of which begins on or after the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (3)(A) and (4), and which is installed at a qualified facility the construction of which began prior to such date— ‘‘(i) subject to subparagraph (B) of paragraph (3), the taxpayer satisfies the requirements under subpara- graph (A) of such paragraph with respect to such equip- ment, and ‘‘(ii) the taxpayer satisfies the requirements under paragraph (4) with respect to the construction of such equipment, or ‘‘(C) the construction of carbon capture equipment begins prior to the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (3)(A) and (4), and such equipment is installed at a qualified facility the construction of which begins prior to such date. ‘‘(3) PREVAILING WAGE REQUIREMENTS.— ‘‘(A) IN GENERAL.—The requirements described in this subparagraph with respect to any qualified facility and any carbon capture equipment placed in service at such facility are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in— ‘‘(i) the construction of such facility or equipment, and ‘‘(ii) with respect to any taxable year, for any por- tion of such taxable year which is within the period described in paragraph (3)(A) or (4)(A) of subsection (a), the alteration or repair of such facility or such equipment, 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 facility and equip- ment are located as most recently determined by the Sec- retary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. For purposes Applicability. Time periods. Publication. Guidelines. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00111 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw