(4) Application (A) In general A project may not be designated under this subsection unless the application for such designation includes a project proposal which describes the energy efficiency, renewable energy, and sustainable design features of the project and demonstrates that the project satisfies the following eligibility criteria: (i) Green building and sustainable design At least 75 percent of the square footage of commercial buildings which are part of the project is registered for United States Green Building Council’s LEED certification and is reasonably expected (at the time of the designation) to receive such certification. For purposes of determining LEED certification as required under this clause, points shall be credited by using the following: (I) For wood products, certification under the Sustainable Forestry Initiative Program and the American Tree Farm System. (II) For renewable wood products, as credited for recycled content otherwise provided under LEED certification. (III) For composite wood products, certification under standards established by the American National Standards Institute, or such other voluntary standards as published in the Federal Register by the Administrator of the Environmental Protection Agency. (ii) Brownfield redevelopment The project includes a brownfield site as defined by section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ), including a site described in subparagraph (D)(ii)(II)(aa) thereof. (iii) State and local support The project receives specific State or local government resources which will support the project in an amount equal to at least $5,000,000. For purposes of the preceding sentence, the term “resources” includes tax abatement benefits and contributions in kind. (iv) Size The project includes at least one of the following: (I) At least 1,000,000 square feet of building. (II) At least 20 acres. (v) Use of tax benefit The project proposal includes a description of the net benefit of the tax-exempt financing provided under this subsection which will be allocated for financing of one or more of the following: (I) The purchase, construction, integration, or other use of energy efficiency, renewable energy, and sustainable design features of the project. (II) Compliance with certification standards cited under clause (i). (III) The purchase, remediation, and foundation construction and preparation of the brownfields site. (vi) Prohibited facilities An issue shall not be treated as an issue described in subsection (a)(14) if any proceeds of such issue are used to provide any facility the principal business of which is the sale of food or alcoholic beverages for consumption on the premises. (vii) Employment The project is projected to provide permanent employment of at least 1,500 full time equivalents (150 full time equivalents in rural States) when completed and construction employment of at least 1,000 full time equivalents (100 full time equivalents in rural States). The application shall include an independent analysis which describes the project’s economic impact, including the amount of projected employment. (B) Project description Each application described in subparagraph (A) shall contain for each project a description of— (i) the amount of electric consumption reduced as compared to conventional construction, (ii) the amount of sulfur dioxide daily emissions reduced compared to coal generation, (iii) the amount of the gross installed capacity of the project’s solar photovoltaic capacity measured in megawatts, and (iv) the amount, in megawatts, of the project’s fuel cell energy generation.


26 USC § 142(l)(4)

Scoping language

None identified, default scope is assumed to be the parent (subpart A) of this section.
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