qualified facility

(2) Closed-loop biomass facility (A) In general In the case of a facility using closed-loop biomass to produce electricity, the term “qualified facility” means any facility— (i) 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 (ii) 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 . For purposes of clause (ii), a facility shall be treated as modified before January 1, 2025 , if the construction of such modification begins before such date. (B) Expansion of facility 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. (C) Special rules In the case of a qualified facility described in subparagraph (A)(ii)— (i) 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 (ii) 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.

Source

26 USC § 45(d)(2)


Scoping language

For purposes of this section
Is this correct? or