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136 STAT. 1995 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(I) is located in a low-income community (as defined in section 45D(e)) or on Indian land (as defined in section 2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 3501(2))), or ‘‘(II) is part of a qualified low-income residen- tial building project or a qualified low-income eco- nomic benefit project. ‘‘(B) QUALIFIED LOW-INCOME RESIDENTIAL BUILDING PROJECT.—A facility shall be treated as part of a qualified low-income residential building project if— ‘‘(i) such facility is installed on a residential rental building which participates in a covered housing pro- gram (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3)), a housing assistance program administered by the Department of Agriculture under title V of the Housing Act of 1949, a housing program administered by a tribally designated housing entity (as defined in section 4(22) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(22))) or such other affordable housing programs as the Sec- retary may provide, and ‘‘(ii) the financial benefits of the electricity pro- duced by such facility are allocated equitably among the occupants of the dwelling units of such building. ‘‘(C) QUALIFIED LOW-INCOME ECONOMIC BENEFIT PROJECT.—A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of— ‘‘(i) less than 200 percent of the poverty line (as defined in section 36B(d)(3)(A)) applicable to a family of the size involved, or ‘‘(ii) less than 80 percent of area median gross income (as determined under section 142(d)(2)(B)). ‘‘(D) FINANCIAL BENEFIT.—For purposes of subpara- graphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit. ‘‘(3) ELIGIBLE PROPERTY.—For purposes of this subsection, the term ‘eligible property’ means a qualified investment with respect to any applicable facility. ‘‘(4) ALLOCATIONS.— ‘‘(A) IN GENERAL.—Not later than January 1, 2025, the Secretary shall establish a program to allocate amounts of environmental justice capacity limitation to applicable facilities. In establishing such program and to carry out the purposes of this subsection, the Secretary shall provide procedures to allow for an efficient allocation process, including, when determined appropriate, consideration of multiple projects in a single application if such projects will be placed in service by a single taxpayer. ‘‘(B) LIMITATION.—The amount of environmental justice capacity limitation allocated by the Secretary under subparagraph (A) during any calendar year shall not exceed the annual capacity limitation with respect to such year. Procedures. Deadline. VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00179 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw