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136 STAT. 1938 PUBLIC LAW 117–169—AUG. 16, 2022 of paragraph (2), the amount of the credit determined under subsection (a) with respect to qualified clean hydrogen described in subsection (b)(2) shall be equal to such amount (determined without regard to this sentence) multiplied by 5. ‘‘(2) REQUIREMENTS.—A facility meets the requirements of this paragraph if it is one of the following: ‘‘(A) A facility— ‘‘(i) the construction of which begins prior to the date that is 60 days after the Secretary publishes guidance with respect to the requirements of para- graphs (3)(A) and (4), and ‘‘(ii) which meets the requirements of paragraph (3)(A) with respect to alteration or repair of such facility which occurs after such date. ‘‘(B) A facility which satisfies the requirements of para- graphs (3)(A) and (4). ‘‘(3) PREVAILING WAGE REQUIREMENTS.— ‘‘(A) IN GENERAL.—The requirements described in this subparagraph with respect to any qualified clean hydrogen production 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, and ‘‘(ii) with respect to any taxable year, for any por- tion of such taxable year which is within the period described in subsection (a)(2), the alteration or repair of such facility, 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 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. For purposes of determining an increased credit amount under paragraph (1) for a taxable year, the requirement under clause (ii) of this subparagraph is applied to such taxable year in which the alteration or repair of qualified facility occurs. ‘‘(B) CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS.—Rules similar to the rules of section 45(b)(7)(B) shall apply. ‘‘(4) APPRENTICESHIP REQUIREMENTS.—Rules similar to the rules of section 45(b)(8) shall apply. ‘‘(5) REGULATIONS AND GUIDANCE.—The Secretary shall issue such regulations or other guidance as the Secretary deter- mines necessary to carry out the purposes of this subsection, including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection. ‘‘(f) REGULATIONS.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations or other guidance to carry out the purposes of this section, including regulations or other guidance for determining lifecycle greenhouse gas emissions.’’. (2) CREDIT REDUCED FOR TAX-EXEMPT BONDS.—Section 45V(d), as added by this section, is amended by adding at the end the following new paragraph: 26 USC 45V. Deadline. Guidelines. Determinations. Determination. Requirements. Records. Applicability. Determination. Applicability. Effective date. Time period. Publication. Guidelines. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00122 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw