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136 STAT. 1907 PUBLIC LAW 117–169—AUG. 16, 2022 (f) WAGE AND APPRENTICESHIP REQUIREMENTS.—Section 45(b) is amended by adding at the end the following new paragraphs: ‘‘(6) INCREASED CREDIT AMOUNT FOR QUALIFIED FACILI- TIES.— ‘‘(A) IN GENERAL.—In the case of any qualified facility which satisfies the requirements of subparagraph (B), the amount of the credit determined under subsection (a) (determined after the application of paragraphs (1) through (5) and without regard to this paragraph) shall be equal to such amount multiplied by 5. ‘‘(B) QUALIFIED FACILITY REQUIREMENTS.—A qualified facility meets the requirements of this subparagraph if it is one of the following: ‘‘(i) A facility with a maximum net output of less than 1 megawatt (as measured in alternating current). ‘‘(ii) A facility the construction of which begins prior to the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (7)(A) and (8). ‘‘(iii) A facility which satisfies the requirements of paragraphs (7)(A) and (8). ‘‘(7) PREVAILING WAGE REQUIREMENTS.— ‘‘(A) IN GENERAL.—The requirements described in this subparagraph with respect to any qualified facility are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in— ‘‘(i) the construction of such facility, and ‘‘(ii) with respect to any taxable year, for any por- tion of such taxable year which is within the period described in subsection (a)(2)(A)(ii), the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in which such facility is located as most recently determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. For purposes of determining an increased credit amount under paragraph (6)(A) for a tax- able year, the requirement under clause (ii) is applied to such taxable year in which the alteration or repair of the qualified facility occurs.’’ ‘‘(B) CORRECTION AND PENALTY RELATED TO FAILURE TO SATISFY WAGE REQUIREMENTS.— ‘‘(i) IN GENERAL.—In the case of any taxpayer which fails to satisfy the requirement under subpara- graph (A) with respect to the construction of any quali- fied facility or with respect to the alteration or repair of a facility in any year during the period described in subparagraph (A)(ii), such taxpayer shall be deemed to have satisfied such requirement under such subpara- graph with respect to such facility for any year if, with respect to any laborer or mechanic who was paid wages at a rate below the rate described in such subparagraph for any period during such year, such taxpayer— Applicability. Determination. Time period. Publication. Guidelines. 26 USC 45. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00091 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw