Page 125

136 STAT. 1941 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(C) SPECIFIED CLEAN HYDROGEN PRODUCTION FACILITY.—For purposes of this paragraph, the term ‘speci- fied clean hydrogen production facility’ means any qualified clean hydrogen production facility (as defined in section 45V(c)(3))— ‘‘(i) which is placed in service after December 31, 2022, ‘‘(ii) with respect to which— ‘‘(I) no credit has been allowed under section 45V or 45Q, and ‘‘(II) the taxpayer makes an irrevocable elec- tion to have this paragraph apply, and ‘‘(iii) for which an unrelated third party has verified (in such form or manner as the Secretary may prescribe) that such facility produces hydrogen through a process which results in lifecycle greenhouse gas emissions which are consistent with the hydrogen that such facility was designed and expected to produce under subparagraph (A)(ii). ‘‘(D) QUALIFIED CLEAN HYDROGEN.—For purposes of this paragraph, the term ‘qualified clean hydrogen’ has the meaning given such term by section 45V(c)(2). ‘‘(E) REGULATIONS.—The Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this section, including regulations or other guidance which recaptures so much of any credit allowed under this section as exceeds the amount of the credit which would have been allowed if the expected production were consistent with the actual verified production (or all of the credit so allowed in the absence of such verification).’’. (2) CONFORMING AMENDMENT.—Paragraph (9)(A)(i) of sec- tion 48(a), as added by section 13102, is amended by inserting ‘‘and paragraph (15)’’ after ‘‘paragraphs (1) through (8)’’. (3) EFFECTIVE DATE.—The amendments made by this sub- section shall apply to property placed in service after December 31, 2022, and, for any property the construction of which begins prior to January 1, 2023, only to the extent of the basis thereof attributable to the construction, reconstruction, or erection after December 31, 2022. (d) TERMINATION OF EXCISE TAX CREDIT FOR HYDROGEN.— (1) IN GENERAL.—Section 6426(d)(2) is amended by striking subparagraph (D) and by redesignating subparagraphs (E), (F), and (G) as subparagraphs (D), (E), and (F), respectively. (2) CONFORMING AMENDMENT.—Section 6426(e)(2) is amended by striking ‘‘(F)’’ and inserting ‘‘(E)’’. (3) EFFECTIVE DATE.—The amendments made by this sub- section shall apply to fuel sold or used after December 31, 2022. PART 3—CLEAN ENERGY AND EFFICIENCY INCENTIVES FOR INDIVIDUALS SEC. 13301. EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSI- NESS ENERGY PROPERTY CREDIT. (a) EXTENSION OF CREDIT.—Section 25C(g)(2) is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2032’’. 26 USC 6426 note. Applicability. 26 USC 48 note. 26 USC 48. Guidelines. Determination. Definition. Verification. Effective date. Definition. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00125 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw