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136 STAT. 1912 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(II) relevant steel, iron, or manufactured products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality. ‘‘(ii) APPLICABLE PERCENTAGE.—In any case in which the Secretary provides an exception pursuant to clause (i), the applicable percentage shall be 100 percent. ‘‘(11) SPECIAL RULE FOR QUALIFIED FACILITY LOCATED IN ENERGY COMMUNITY.— ‘‘(A) IN GENERAL.—In the case of a qualified facility which is located in an energy community, the credit deter- mined under subsection (a) (determined after the applica- tion of paragraphs (1) through (10), without the application of paragraph (9)) shall be increased by an amount equal to 10 percent of the amount so determined. ‘‘(B) ENERGY COMMUNITY.—For purposes of this para- graph, the term ‘energy community’ means— ‘‘(i) a brownfield site (as defined in subparagraphs (A), (B), and (D)(ii)(III) of section 101(39) of the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39))), ‘‘(ii) a metropolitan statistical area or non-metro- politan statistical area which— ‘‘(I) has (or, at any time during the period beginning after December 31, 2009, had) 0.17 per- cent or greater direct employment or 25 percent or greater local tax revenues related to the extrac- tion, processing, transport, or storage of coal, oil, or natural gas (as determined by the Secretary), and ‘‘(II) has an unemployment rate at or above the national average unemployment rate for the previous year (as determined by the Secretary), or ‘‘(iii) a census tract— ‘‘(I) in which— ‘‘(aa) after December 31, 1999, a coal mine has closed, or ‘‘(bb) after December 31, 2009, a coal-fired electric generating unit has been retired, or ‘‘(II) which is directly adjoining to any census tract described in subclause (I).’’. (h) CREDIT REDUCED FOR TAX-EXEMPT BONDS.—Section 45(b)(3) is amended to read as follows: ‘‘(3) CREDIT REDUCED FOR TAX-EXEMPT BONDS.—The amount of the credit determined under subsection (a) with respect to any facility for any taxable year (determined after the applica- tion of paragraphs (1) and (2)) shall be reduced by the amount which is the product of the amount so determined for such year and the lesser of 15 percent or a fraction— ‘‘(A) the numerator of which is the sum, for the taxable year and all prior taxable years, of proceeds of an issue of any obligations the interest on which is exempt from tax under section 103 and which is used to provide financing for the qualified facility, and 26 USC 45. Effective dates. Determinations. Definition. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00096 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw