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139 STAT. 255 PUBLIC LAW 119–21—JULY 4, 2025 ‘‘(bb) with respect to any eligible compo- nent produced by the taxpayer (or any person related to the taxpayer)— ‘‘(AA) the extraction, processing, or recycling of any applicable critical min- eral, or ‘‘(BB) the production of an eligible component which is not an applicable crit- ical mineral. ‘‘(ii) EFFECTIVE CONTROL.— ‘‘(I) IN GENERAL.— ‘‘(aa) GENERAL RULE.—Subject to sub- clause (II), for purposes of clause (i)(II), the term ‘effective control’ means 1 or more agree- ments or arrangements similar to those described in subclauses (II) and (III) which provide 1 or more contractual counterparties of a taxpayer with specific authority over key aspects of the production of eligible compo- nents, energy generation in a qualified facility, or energy storage which are not included in the measures of control through authority, ownership, or debt held which are described in clause (i)(I). ‘‘(bb) GUIDANCE.—The Secretary shall issue such guidance as is necessary to carry out the purposes of this clause, including the establishment of rules to prevent entities from evading, circumventing, or abusing the application of the restrictions described subparagraph (C) and subclauses (II) and (III) of this clause through a contract, agreement, or other arrangement. ‘‘(II) APPLICATION OF RULES PRIOR TO ISSUANCE OF GUIDANCE.—During any period prior to the date that the guidance described in subclause (I)(bb) is issued by the Secretary, for purposes of clause (i)(II), the term ‘effective control’ means the unre- stricted contractual right of a contractual counterparty to— ‘‘(aa) determine the quantity or timing of production of an eligible component produced by the taxpayer, ‘‘(bb) determine the amount or timing of activities related to the production of elec- tricity undertaken at a qualified facility of the taxpayer or the storage of electrical energy in energy storage technology of the taxpayer, ‘‘(cc) determine which entity may purchase or use the output of a production unit of the taxpayer that produces eligible components, ‘‘(dd) determine which entity may pur- chase or use the output of a qualified facility of the taxpayer, ‘‘(ee) restrict access to data critical to production or storage of energy undertaken at a qualified facility of the taxpayer, or to Regulations. Contracts.