26 U.S.C. § 45: Electricity produced from certain renewable resources, etc.

0.3 cents, multiplied by from qualified energy resources, and at a qualified facility during the 10-year period beginning on the date the facility was originally placed in service, and sold by the taxpayer to an unrelated person during the taxable year. the amount by which the reference price for the calendar year in which the sale occurs exceeds 8 cents, bears to 3 cents. The 0.3 cent amount in subsection (a), the 8 cent amount in paragraph (1), the $4.375 amount in subsection (e)(8)(A), the $2 amount in subsection (e)(8)(D)(ii)(I), and in subsection (e)(8)(B)(i) the reference price of fuel used as a feedstock (within the meaning of subsection (c)(7)(A)) in 2002 shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If the 0.3 cent amount as increased under the preceding sentence is not a multiple of 0.05 cent, such amount shall be rounded to the nearest multiple of 0.05 cent. In any other case, if an amount as increased under this paragraph is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. 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 the denominator of which is the aggregate amount of additions to the capital account for the qualified facility for the taxable year and all prior taxable years. In the case of electricity produced and sold in any calendar year after 2003 at any qualified facility described in paragraph (3), (5), (6), or (7) of subsection (d), the amount in effect under subsection (a)(1) for such calendar year (determined before the application of the last two sentences of paragraph (2) of this subsection) shall be reduced by one-half. Except as provided in clause (ii) or clause (iii), in the case of any facility described in paragraph (3), (4), (5), (6), or (7) of subsection (d), the 5-year period beginning on the date the facility was originally placed in service shall be substituted for the 10-year period in subsection (a)(2)(A)(ii). In the case of any facility described in subsection (d)(3)(A)(ii) placed in service before the date of the enactment of this paragraph, the 5-year period beginning on January 1, 2005 , shall be substituted for the 10-year period in subsection (a)(2)(A)(ii). Clause (i) shall not apply to any facility placed in service after the date of the enactment of this clause. in the case of any facility the construction of which begins after December 31, 2016 , and before January 1, 2018 , 20 percent, in the case of any facility the construction of which begins after December 31, 2017 , and before January 1, 2019 , 40 percent, in the case of any facility the construction of which begins after December 31, 2018 , and before January 1, 2020 , 60 percent, and in the case of any facility the construction of which begins after December 31, 2019 , and before January 1, 2022 , 40 percent. 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. A facility with a maximum net output of less than 1 megawatt (as measured in alternating current). 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). A facility which satisfies the requirements of paragraphs (7)(A) and (8). the construction of such facility, and with respect to any taxable year, for any portion of such taxable year which is within the period described in subsection (a)(2)(A)(ii), the alteration or repair of such facility, the amount of wages paid to such laborer or mechanic during such period, and the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period, plus interest on the amount determined under item (aa) at the underpayment rate established under section 6621 (determined by substituting “6 percentage points” for “3 percentage points” in subsection (a)(2) of such section) for the period described in such item, and $5,000, multiplied by the total number of laborers and mechanics who were paid wages at a rate below the rate described in subparagraph (A) for any period during such year. Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) shall not apply with respect to the assessment or collection of any penalty imposed by this paragraph. in subclause (I), by substituting “three times the sum” for “the sum”, and in subclause (II), by substituting “$10,000” for “5,000 1 ” in item (aa) thereof. 1 So in original. Probably should be “$5,000”. Pursuant to rules issued by the Secretary, in the case of a final determination by the Secretary with respect to any failure by the taxpayer to satisfy the requirement under subparagraph (A), subparagraph (B)(i) shall not apply unless the payments described in subclauses (I) and (II) of such subparagraph are made by the taxpayer on or before the date which is 180 days after the date of such determination. Taxpayers shall ensure that, with respect to the construction of any qualified facility, not less than the applicable percentage of the total labor hours of the construction, alteration, or repair work (including such work performed by any contractor or subcontractor) with respect to such facility shall, subject to subparagraph (B), be performed by qualified apprentices. in the case of a qualified facility the construction of which begins before January 1, 2023 , 10 percent, in the case of a qualified facility the construction of which begins after December 31, 2022 , and before January 1, 2024 , 12.5 percent, and in the case of a qualified facility the construction of which begins after December 31, 2023 , 15 percent. The requirement under subparagraph (A)(i) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. Each taxpayer, contractor, or subcontractor who employs 4 or more individuals to perform construction, alteration, or repair work with respect to the construction of a qualified facility shall employ 1 or more qualified apprentices to perform such work. satisfies the requirements described in clause (ii), or $50, multiplied by the total labor hours for which the requirement described in such subparagraph was not satisfied with respect to the construction, alteration, or repair work on such qualified facility. such request has been denied, provided that such denial is not the result of a refusal by the taxpayer or any contractors or subcontractors engaged in the performance of construction, alteration, or repair work with respect to such qualified facility to comply with the established standards and requirements of the registered apprenticeship program, or the registered apprenticeship program fails to respond to such request within 5 business days after the date on which such registered apprenticeship program received such request. If the Secretary determines that any failure described in subclause (i)(II) is due to intentional disregard of the requirements under subparagraphs (A) and (C), subclause (i)(II) shall be applied by substituting “$500” for “$50” in item (aa) thereof. means the total number of hours devoted to the performance of construction, alteration, or repair work by any individual employed by the taxpayer or by any contractor or subcontractor, and foremen, superintendents, owners, or persons employed in a bona fide executive, administrative, or professional capacity (within the meaning of those terms in part 541 of title 29, Code of Federal Regulations). The term “qualified apprentice” means an individual who is employed by the taxpayer or by any contractor or subcontractor and who is participating in a registered apprenticeship program, as defined in section 3131(e)(3)(B). In the case of any qualified facility which satisfies the requirement under subparagraph (B)(i), the amount of the credit determined under subsection (a) (determined after the application of paragraphs (1) through (8)) shall be increased by an amount equal to 10 percent of the amount so determined. The requirement described in this clause is satisfied with respect to any qualified facility if the taxpayer certifies to the Secretary (at such time, and in such form and manner, as the Secretary may prescribe) that any steel, iron, or manufactured product which is a component of such facility (upon completion of construction) was produced in the United States (as determined under section 2 661 of title 49, Code of Federal Regulations). 2 So in original. Probably should be “part”. In the case of steel or iron, clause (i) shall be applied in a manner consistent with section 661.5 of title 49, Code of Federal Regulations. For purposes of clause (i), the manufactured products which are components of a qualified facility upon completion of construction shall be deemed to have been produced in the United States if not less than the adjusted percentage (as determined under subparagraph (C)) of the total costs of all such manufactured products of such facility are attributable to manufactured products (including components) which are mined, produced, or manufactured in the United States. Subject to subclause (ii), for purposes of subparagraph (B)(iii), the adjusted percentage shall be 40 percent. For purposes of subparagraph (B)(iii), in the case of a qualified facility which is an offshore wind facility, the adjusted percentage shall be 20 percent. the value of such credit (determined without regard to this paragraph), multiplied by the applicable percentage. which satisfies the requirements under paragraph (9)(B), or with a maximum net output of less than 1 megawatt (as measured in alternating current), if construction of such facility began before January 1, 2024 , 100 percent, and if construction of such facility began in calendar year 2024, 90 percent. the inclusion of steel, iron, or manufactured products which are produced in the United States increases the overall costs of construction of qualified facilities by more than 25 percent, or relevant steel, iron, or manufactured products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality. In any case in which the Secretary provides an exception pursuant to clause (i), the applicable percentage shall be 100 percent. In the case of a qualified facility which is located in an energy community, the credit determined under subsection (a) (determined after the application 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. a brownfield site (as defined in subparagraphs (A), (B), and (D)(ii)(III) of section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(39) )), has (or, at any time during the period beginning after December 31, 2009 , had) 0.17 percent or greater direct employment or 25 percent or greater local tax revenues related to the extraction, processing, transport, or storage of coal, oil, or natural gas (as determined by the Secretary), and has an unemployment rate at or above the national average unemployment rate for the previous year (as determined by the Secretary), after December 31, 1999 , a coal mine has closed, or after December 31, 2009 , a coal-fired electric generating unit has been retired, or which is directly adjoining to any census tract described in subclause (I), or an advanced nuclear facility, advanced nuclear power research and development, nuclear fuel cycle research, development, or production, including mining, enrichment, manufacture, storage, disposal, or recycling of nuclear fuel, and the manufacturing or assembly of components used in an advanced nuclear facility. Subject to clause (ii), for purposes of subparagraph (B)(iv), the term “advanced nuclear facility” means any nuclear facility the reactor design for which is approved in the manner described in section 45J(d)(2). For purposes of clause (i), a facility shall be deemed to have a reactor design which is approved in the manner described in section 45J(d)(2) if the Nuclear Regulatory Commission has authorized construction and issued a site-specific construction permit or combined license with respect to such facility (without regard to whether the reactor design was approved after December 31, 1993 ). The Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this subsection, including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection. wind, closed-loop biomass, open-loop biomass, geothermal energy, solar energy, small irrigation power, municipal solid waste, qualified hydropower production, and marine and hydrokinetic renewable energy. The term “closed-loop biomass” means any organic material from a plant which is planted exclusively for purposes of being used at a qualified facility to produce electricity. any agricultural livestock waste nutrients, or any of the following forest-related resources: mill and harvesting residues, precommercial thinnings, slash, and brush, solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste, gas derived from the biodegradation of solid waste, or paper which is commonly recycled, or agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues. The term “agricultural livestock waste nutrients” means agricultural livestock manure and litter, including wood shavings, straw, rice hulls, and other bedding material for the disposition of manure. The term “agricultural livestock” includes bovine, swine, poultry, and sheep. The term “geothermal energy” means energy derived from a geothermal deposit (within the meaning of section 613(e)(2)). generated without any dam or impoundment of water through an irrigation system canal or ditch, and the nameplate capacity rating of which is not less than 150 kilowatts but is less than 5 megawatts. The term “municipal solid waste” has the meaning given the term “solid waste” under section 1004(27) of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ), except that such term does not include paper which is commonly recycled and which has been segregated from other solid waste (as so defined). is a liquid, gaseous, or solid fuel produced from coal (including lignite) or high carbon fly ash, including such fuel used as a feedstock, is sold by the taxpayer with the reasonable expectation that it will be used for the purpose of producing steam, and is certified by the taxpayer as resulting (when used in the production of steam) in a qualified emission reduction, or which is steel industry fuel. The term “qualified emission reduction” means a reduction of at least 20 percent of the emissions of nitrogen oxide and at least 40 percent of the emissions of either sulfur dioxide or mercury released when burning the refined coal (excluding any dilution caused by materials combined or added during the production process), as compared to the emissions released when burning the feedstock coal or comparable coal predominantly available in the marketplace as of January 1, 2003 . is produced through a process of liquifying coal waste sludge and distributing it on coal, and is used as a feedstock for the manufacture of coke. The term “coal waste sludge” means the tar decanter sludge and related byproducts of the coking process, including such materials that have been stored in ground, in tanks and in lagoons, that have been treated as hazardous wastes under applicable Federal environmental rules absent liquefaction and processing with coal into a feedstock for the manufacture of coke. in the case of any hydroelectric dam which was placed in service on or before the date of the enactment of this paragraph, the incremental hydropower production for the taxable year, and in the case of any nonhydroelectric dam described in subparagraph (C), the hydropower production from the facility for the taxable year. For purposes of subparagraph (A), incremental hydropower production for any taxable year shall be equal to the percentage of average annual hydropower production at the facility attributable to the efficiency improvements or additions of capacity placed in service after the date of the enactment of this paragraph, determined by using the same water flow information used to determine an historic average annual hydropower production baseline for such facility. Such percentage and baseline shall be certified by the Federal Energy Regulatory Commission. For purposes of clause (i), the determination of incremental hydropower production shall not be based on any operational changes at such facility not directly associated with the efficiency improvements or additions of capacity. the hydroelectric project installed on the nonhydroelectric dam is licensed by the Federal Energy Regulatory Commission and meets all other applicable environmental, licensing, and regulatory requirements, the nonhydroelectric dam was placed in service before the date of the enactment of this paragraph and operated for flood control, navigation, or water supply purposes and did not produce hydroelectric power on the date of the enactment of this paragraph, and the hydroelectric project is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license requirements imposed under applicable law that change the water surface elevation for the purpose of improving environmental quality of the affected waterway. were owned by an Indian tribe, or were held in trust by the United States for the benefit of an Indian tribe or its members. For purposes of this paragraph, the term “Indian tribe” has the meaning given such term by section 7871(c)(3)(E)(ii). waves, tides, and currents in oceans, estuaries, and tidal areas, free flowing water in rivers, lakes, and streams, free flowing water in an irrigation system, canal, or other man-made channel, including projects that utilize nonmechanical structures to accelerate the flow of water for electric power production purposes, differentials in ocean temperature (ocean thermal energy conversion), or for the distribution of water for agricultural, municipal, or industrial consumption, and not primarily for the generation of electricity. Such term shall not include any energy which is derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes. In the case of a facility using wind to produce electricity, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after December 31, 1993 , and the construction of which begins before January 1, 2025 . Such term shall not include any facility with respect to which any qualified small wind energy property expenditure (as defined in subsection (d)(4) of section 25D) is taken into account in determining the credit under such section. owned by the taxpayer which is originally placed in service after December 31, 1992 , and the construction of which begins before January 1, 2025 , or owned by the taxpayer which before January 1, 2025 , is originally placed in service and modified to use closed-loop biomass to co-fire with coal, with other biomass, or with both, but only if the modification is approved under the Biomass Power for Rural Development Programs or is part of a pilot project of the Commodity Credit Corporation as described in 65 Fed. Reg. 63052. Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A)(i), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit. the 10-year period referred to in subsection (a) shall be treated as beginning no earlier than the date of the enactment of this clause, and if the owner of such facility is not the producer of the electricity, the person eligible for the credit allowable under subsection (a) shall be the lessee or the operator of such facility. is originally placed in service after the date of the enactment of this subclause and the construction of which begins before January 1, 2025 , and the nameplate capacity rating of which is not less than 150 kilowatts, and in the case of any other facility, the construction of which begins before January 1, 2025 . Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit. In the case of any facility described in subparagraph (A), if the owner of such facility is not the producer of the electricity, the person eligible for the credit allowable under subsection (a) shall be the lessee or the operator of such facility. In the case of a facility using geothermal or solar energy to produce electricity, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and the construction of which begins before January 1, 2025 . Such term shall not include any property described in section 48(a)(3) the basis of which is taken into account by the taxpayer for purposes of determining the energy credit under section 48. In the case of a facility using small irrigation power to produce electricity, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before October 3, 2008 . In the case of a facility producing electricity from gas derived from the biodegradation of municipal solid waste, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and the construction of which begins before January 1, 2025 . In the case of a facility (other than a facility described in paragraph (6)) which uses municipal solid waste to produce electricity, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and the construction of which begins before January 1, 2025 . Such term shall include a new unit placed in service in connection with a facility placed in service on or before the date of the enactment of this paragraph, but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit. with respect to a facility producing steel industry fuel, any facility (or any modification to a facility) which is placed in service before January 1, 2010 , and with respect to any other facility producing refined coal, any facility placed in service after the date of the enactment of the American Jobs Creation Act of 2004 and before January 1, 2012 . in the case of any facility producing incremental hydropower production, such facility but only to the extent of its incremental hydropower production attributable to efficiency improvements or additions to capacity described in subsection (c)(8)(B) placed in service after the date of the enactment of this paragraph and before January 1, 2025 , and any other facility placed in service after the date of the enactment of this paragraph and the construction of which begins before January 1, 2025 . In the case of a qualified facility described in subparagraph (A), the 10-year period referred to in subsection (a) shall be treated as beginning on the date the efficiency improvements or additions to capacity are placed in service. For purposes of subparagraph (A)(i), an efficiency improvement or addition to capacity shall be treated as placed in service before January 1, 2025 , if the construction of such improvement or addition begins before such date. The term “Indian coal production facility” means a facility that produces Indian coal. which has a nameplate capacity rating of at least 25 kilowatts, and which is originally placed in service on or after the date of the enactment of this paragraph and the construction of which begins before January 1, 2025 . the United States (within the meaning of section 638(1)), or a possession of the United States (within the meaning of section 638(2)). The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor and the reference price for such calendar year in accordance with this paragraph. The term “inflation adjustment factor” means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for the calendar year 1992. The term “GDP implicit price deflator” means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year. The term “reference price” means, with respect to a calendar year, the Secretary’s determination of the annual average contract price per kilowatt hour of electricity generated from the same qualified energy resource and sold in the previous year in the United States. For purposes of the preceding sentence, only contracts entered into after December 31, 1989 , shall be taken into account. In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility. Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling electricity to an unrelated person if such electricity is sold to such a person by another member of such group. Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. produced at a qualified facility described in subsection (d)(1) which is originally placed in service after June 30, 1999 , and sold to a utility pursuant to a contract originally entered into before January 1, 1987 (whether or not amended or restated after that date). the prices for energy and capacity from such facility are established pursuant to an amendment to the contract referred to in subparagraph (A)(ii), the average annual quantity of electricity sold to the utility under the contract during calendar years 1994, 1995, 1996, 1997, and 1998, or the estimate of the annual electricity production set forth in the contract, or, if there is no such estimate, the greatest annual quantity of electricity sold to the utility under the contract in any of the calendar years 1996, 1997, or 1998, and sold to the utility only at prices that do not exceed avoided cost prices determined at the time of delivery, or sold to a third party subject to a mutually agreed upon advance notice to the utility. produced by the taxpayer at a refined coal production facility during the 10-year period beginning on the date the facility was originally placed in service, and to an unrelated person, and during such 10-year period and such taxable year. the amount by which the reference price of fuel used as a feedstock (within the meaning of subsection (c)(7)(A)) for the calendar year in which the sale occurs exceeds an amount equal to 1.7 multiplied by the reference price for such fuel in 2002, bears to $8.75. Rules similar to the rules of the subsection (b)(3) and paragraphs (1) through (5) of this subsection shall apply for purposes of determining the amount of any increase under this paragraph. this paragraph shall be applied separately with respect to steel industry fuel and other refined coal, and in applying this paragraph to steel industry fuel, the modifications in clause (ii) shall apply. Subparagraph (A) shall be applied by substituting “$2 per barrel-of-oil equivalent” for “$4.375 per ton”. In lieu of the 10-year period referred to in clauses (i) and (ii)(II) of subparagraph (A), the credit period shall be the period beginning on the later of the date such facility was originally placed in service, the date the modifications described in clause (iii) were placed in service, or October 1, 2008 , and ending on the later of December 31, 2009 , or the date which is 1 year after the date such facility or the modifications described in clause (iii) were placed in service. Subparagraph (B) shall not apply. The modifications described in this clause are modifications to an existing facility which allow such facility to produce steel industry fuel. For purposes of this subparagraph, a barrel-of-oil equivalent is the amount of steel industry fuel that has a Btu content of 5,800,000 Btus. The term “qualified facility” shall not include any facility which produces electricity from gas derived from the biodegradation of municipal solid waste if such biodegradation occurred in a facility (within the meaning of section 45K) the production from which is allowed as a credit under section 45K for the taxable year or any prior taxable year. The term “refined coal production facility” shall not include any facility the production from which is allowed as a credit under section 45K for the taxable year or any prior taxable year (or under section 29, 3 as in effect on the day before the date of enactment of the Energy Tax Incentives Act of 2005, for any prior taxable year). 3 See References in Text note below. In the case of a facility producing steel industry fuel, clause (i) shall not apply to so much of the refined coal produced at such facility as is steel industry fuel. produced by the taxpayer at an Indian coal production facility during the 16-year period beginning on January 1, 2006 , and to an unrelated person (either directly by the taxpayer or after sale or transfer to one or more related persons), and during such 16-year period and such taxable year. $1.50 in the case of calendar years 2006 through 2009, and $2.00 in the case of calendar years beginning after 2009. In the case of any calendar year after 2006, each of the dollar amounts under clause (i) shall be equal to the product of such dollar amount and the inflation adjustment factor determined under paragraph (2)(B) for the calendar year, except that such paragraph shall be applied by substituting “2005” for “1992”. Rules similar to the rules of the subsection (b)(3) and paragraphs (1), (3), (4), and (5) of this subsection shall apply for purposes of determining the amount of any increase under this paragraph. In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year. An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. such reduction, over the amount not apportioned to such patrons under subparagraph (A) for the taxable year, For purposes of this section the term “eligible cooperative” means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers. The term “qualified facility” shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(7)) if a credit is allowed under section 48 with respect to such property for the taxable year or any prior taxable year. such electricity is used during such taxable year by the taxpayer or a person related to the taxpayer at a qualified clean hydrogen production facility (as defined in section 45V(c)(3)) to produce qualified clean hydrogen (as defined in section 45V(c)(2)), and such use and production is verified (in such form or manner as the Secretary may prescribe) by an unrelated third party. Except as provided in paragraphs (2), (3), and (4), the amendments made by this section [enacting section 6695B of this title and amending this section and sections 45Y, 48E, 6417, 6418, 6501, 6662, 6696, and 7701 of this title] shall apply to taxable years beginning after the date of enactment of this Act [ July 4, 2025 ]. The amendments made by subsection (b)(1) [amending section 45Y of this title ] shall apply to facilities for which construction begins after December 31, 2025 . The amendments made by subsection (k) [enacting section 6695B of this title and amending section 6696 of this title ] shall apply to certifications provided after December 31, 2025 . The amendments made by subsection (a) [amending section 45Y of this title ] shall apply to facilities the construction of which begins after the date which is 12 months after the date of enactment of this Act.” Except as provided in paragraphs (2) and (3), the amendments made by this section [amending this section and section 48 of this title ] shall apply to facilities placed in service after December 31, 2021 . The amendment made by subsection (h) [amending this section] shall apply to facilities the construction of which begins after the date of enactment of this Act [ Aug. 16, 2022 ]. The amendments made by subsections (g) and (j) [amending this section] shall apply to facilities placed in service after December 31, 2022 .” Except as provided in paragraphs (2) and (3), the amendments made by this section [amending this section and sections 48, 50, and 7701 of this title] shall apply to property placed in service after December 31, 2021 . The amendments made by subsections (f), (g), (h), (i), (j), ( l ), (n), and ( o ) [amending this section and sections 48, 50, and 7701 of this title] shall apply to property placed in service after December 31, 2022 . The amendments made by subsection (m) [amending section 48 of this title ] shall apply to property the construction of which begins after the date of enactment of this Act [ Aug. 16, 2022 ].” The amendments made by subsection (a) [amending this section] shall apply to coal produced after December 31, 2014 . The amendments made by subsections (b) and (c) [amending this section] shall apply to coal produced and sold after December 31, 2015 , in taxable years ending after such date.” Except as provided in paragraphs (2) and (3), the amendments made by this section [amending this section, section 48 of this title , and provisions set out as a note under section 48 of this title ] shall take effect on the date of the enactment of this Act [ Jan. 2, 2013 ]. The amendments made by subsection (a)(2) [amending this section] shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date. The amendments made by subsection (c) [amending section 48 of this title and provisions set out as a note under section 48 of this title ] shall apply as if included in the enactment of the provisions of the American Recovery and Reinvestment Act of 2009 [ Pub. L. 111–5 ] to which they relate.” The amendments made by subsection (a) [amending this section] shall apply to property placed in service after the date of the enactment of this Act [ Feb. 17, 2009 ]. The amendment made by subsection (b) [amending this section] shall take effect as if included in section 102 of the Energy Improvement and Extension Act of 2008 [ Pub. L. 110–343 ].” Except as otherwise provided in this subsection, the amendments made by this section [amending this section] shall apply to property originally placed in service after December 31, 2008 . The amendments made by subsection (b) [amending this section] shall apply to coal produced and sold from facilities placed in service after December 31, 2008 . The amendments made by subsection (c) [amending this section] shall apply to electricity produced and sold after the date of the enactment of this Act [ Oct. 3, 2008 ]. The amendments made by subsection (d) [amending this section] shall apply to property placed in service after the date of the enactment of this Act.” Except as provided in paragraph (2), the amendments made by this section [amending this section and section 168 of this title and amending provisions set out as a note under this section] shall take effect on the date of the enactment of this Act [ Aug. 8, 2005 ]. The amendments made by subsections (e) and (f) [amending this section and section 168 of this title and amending provisions set out as a note under this section] shall take effect as if included in the amendments made by section 710 of the American Jobs Creation Act of 2004 [ Pub. L. 108–357 ].” Except as otherwise provided in this subsection, the amendments made by this section [amending this section and section 48 of this title ] shall apply to electricity produced and sold after the date of the enactment of this Act [ Oct. 22, 2004 ], in taxable years ending after such date. With respect to any facility described in section 45(d)(3)(A)(ii) of the Internal Revenue Code of 1986, as added by subsection (b)(1), which is placed in service before the date of the enactment of this Act, the amendments made by this section shall apply to electricity produced and sold after December 31, 2004 , in taxable years ending after such date. The amendments made by subsection (c) [amending this section] shall apply to electricity produced and sold after December 31, 2004 , in taxable years ending after such date. The amendments made by this section shall not apply with respect to any poultry waste facility (within the meaning of section 45(c)(3)(C), as in effect on the day before the date of the enactment of this Act) placed in service before January 1, 2005 . Section 45(e)(8) of the Internal Revenue Code of 1986, as added by this section, shall apply to refined coal produced and sold after the date of the enactment of this Act.”