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136 STAT. 1985 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(2) PHASE-OUT PERCENTAGE.—The phase-out percentage under this paragraph is equal to— ‘‘(A) for a facility the construction of which begins during the first calendar year following the applicable year, 100 percent, ‘‘(B) for a facility the construction of which begins during the second calendar year following the applicable year, 75 percent, ‘‘(C) for a facility the construction of which begins during the third calendar year following the applicable year, 50 percent, and ‘‘(D) for a facility the construction of which begins during any calendar year subsequent to the calendar year described in subparagraph (C), 0 percent. ‘‘(3) APPLICABLE YEAR.—For purposes of this subsection, the term ‘applicable year’ means the later of— ‘‘(A) the calendar year in which the Secretary deter- mines that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2022, or ‘‘(B) 2032. ‘‘(e) DEFINITIONS.—For purposes of this section: ‘‘(1) CO2e PER KWh.—The term ‘CO2e per KWh’ means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on global warming potential) per kilowatt hour of electricity produced. ‘‘(2) GREENHOUSE GAS.—The term ‘greenhouse gas’ has the same meaning given such term under section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on the date of the enactment of this section. ‘‘(3) QUALIFIED CARBON DIOXIDE.—The term ‘qualified carbon dioxide’ means carbon dioxide captured from an indus- trial source which— ‘‘(A) would otherwise be released into the atmosphere as industrial emission of greenhouse gas, ‘‘(B) is measured at the source of capture and verified at the point of disposal or utilization, and ‘‘(C) is captured and disposed or utilized within the United States (within the meaning of section 638(1)) or a possession of the United States (within the meaning of section 638(2)). ‘‘(f) GUIDANCE.—Not later than January 1, 2025, the Secretary shall issue guidance regarding implementation of this section, including calculation of greenhouse gas emission rates for qualified facilities and determination of clean electricity production credits under this section. ‘‘(g) SPECIAL RULES.— ‘‘(1) ONLY PRODUCTION IN THE UNITED STATES TAKEN INTO ACCOUNT.—Consumption, sales, or storage shall be taken into account under this section only with respect to electricity the production of which is within— ‘‘(A) the United States (within the meaning of section 638(1)), or ‘‘(B) a possession of the United States (within the meaning of section 638(2)). Deadline. Determination. Determination. Definition. VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00169 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw