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136 STAT. 1991 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(i) BASE RATE.—In the case of any energy storage technology which is not described in subclause (I) or (II) of clause (ii) and does not satisfy the requirements described in subclause (III) of such clause, the applicable percentage shall be 6 percent. ‘‘(ii) ALTERNATIVE RATE.—In the case of any energy storage technology— ‘‘(I) with a capacity of less than 1 megawatt, ‘‘(II) the construction of which begins prior to the date that is 60 days after the Secretary publishes guidance with respect to the require- ments of paragraphs (3) and (4) of subsection (d), or ‘‘(III) which— ‘‘(aa) satisfies the requirements of sub- section (d)(3), and ‘‘(bb) with respect to the construction of such property, satisfies the requirements of subsection (d)(4), the applicable percentage shall be 30 percent. ‘‘(3) INCREASE IN CREDIT RATE IN CERTAIN CASES.— ‘‘(A) ENERGY COMMUNITIES.— ‘‘(i) IN GENERAL.—In the case of any qualified investment with respect to a qualified facility or with respect to energy storage technology which is placed in service within an energy community (as defined in section 45(b)(11)(B)), for purposes of applying para- graph (2) with respect to such property or investment, the applicable percentage shall be increased by the applicable credit rate increase. ‘‘(ii) APPLICABLE CREDIT RATE INCREASE.—For pur- poses of clause (i), the applicable credit rate increase shall be an amount equal to— ‘‘(I) in the case of any qualified investment with respect to a qualified facility described in paragraph (2)(A)(i) or with respect to energy stor- age technology described in paragraph (2)(B)(i), 2 percentage points, and ‘‘(II) in the case of any qualified investment with respect to a qualified facility described in paragraph (2)(A)(ii) or with respect to energy stor- age technology described in paragraph (2)(B)(ii), 10 percentage points. ‘‘(B) DOMESTIC CONTENT.—Rules similar to the rules of section 48(a)(12) shall apply. ‘‘(b) QUALIFIED INVESTMENT WITH RESPECT TO A QUALIFIED FACILITY.— ‘‘(1) IN GENERAL.—For purposes of subsection (a), the quali- fied investment with respect to any qualified facility for any taxable year is the sum of— ‘‘(A) the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified facility, plus ‘‘(B) the amount of any expenditures which are— ‘‘(i) paid or incurred by the taxpayer for qualified interconnection property— Definitions. Applicability. Time period. Publication. Guidelines. VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00175 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw