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136 STAT. 1983 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(I) satisfies the requirements under para- graph (9) of subsection (g), and ‘‘(II) with respect to the construction of such facility, satisfies the requirements under para- graph (10) of subsection (g), the applicable amount shall be 1.5 cents. ‘‘(b) QUALIFIED FACILITY.— ‘‘(1) IN GENERAL.— ‘‘(A) DEFINITION.—Subject to subparagraphs (B), (C), and (D), the term ‘qualified facility’ means a facility owned by the taxpayer— ‘‘(i) which is used for the generation of electricity, ‘‘(ii) which is placed in service after December 31, 2024, and ‘‘(iii) for which the greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero. ‘‘(B) 10-YEAR PRODUCTION CREDIT.—For purposes of this section, a facility shall only be treated as a qualified facility during the 10-year period beginning on the date the facility was originally placed in service. ‘‘(C) EXPANSION OF FACILITY; INCREMENTAL PRODUC- TION.—The term ‘qualified facility’ shall include either of the following in connection with a facility described in subparagraph (A) (without regard to clause (ii) of such subparagraph) which was placed in service before January 1, 2025, but only to the extent of the increased amount of electricity produced at the facility by reason of the fol- lowing: ‘‘(i) A new unit which is placed in service after December 31, 2024. ‘‘(ii) Any additions of capacity which are placed in service after December 31, 2024. ‘‘(D) COORDINATION WITH OTHER CREDITS.—The term ‘qualified facility’ shall not include any facility for which a credit determined under section 45, 45J, 45Q, 45U, 48, 48A, or 48E is allowed under section 38 for the taxable year or any prior taxable year. ‘‘(2) GREENHOUSE GAS EMISSIONS RATE.— ‘‘(A) IN GENERAL.—For purposes of this section, the term ‘greenhouse gas emissions rate’ means the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity, expressed as grams of CO2e per KWh. ‘‘(B) FUEL COMBUSTION AND GASIFICATION.—In the case of a facility which produces electricity through combustion or gasification, the greenhouse gas emissions rate for such facility shall be equal to the net rate of greenhouse gases emitted into the atmosphere by such facility (taking into account lifecycle greenhouse gas emissions, as described in section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H))) in the production of electricity, expressed as grams of CO2e per KWh. ‘‘(C) ESTABLISHMENT OF EMISSIONS RATES FOR FACILI- TIES.— Definition. Definition. Effective dates. VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00167 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw