qualified solar and wind facility
(2) Qualified solar and wind facility For purposes of this subsection— (A) In general The term “qualified solar and wind facility” means any facility— (i) which generates electricity solely from property described in section 45(d)(1) or in clause (i) or (vi) of subsection (a)(3)(A), (ii) which has a maximum net output of less than 5 megawatts (as measured in alternating current), and (iii) which— (I) is located in a low-income community (as defined in section 45D(e)) or on Indian land (as defined in section 2601(2) of the Energy Policy Act of 1992 ( 25 U.S.C. 3501(2) )), or (II) is part of a qualified low-income residential building project or a qualified low-income economic benefit project. (B) Qualified low-income residential building project A facility shall be treated as part of a qualified low-income residential building project if— (i) such facility is installed on a residential rental building which participates in a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a)(3) ), a housing assistance program administered by the Department of Agriculture under title V of the Housing Act of 1949, a housing program administered by a tribally designated housing entity (as defined in section 4(22) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(22) )) or such other affordable housing programs as the Secretary may provide, and (ii) the financial benefits of the electricity produced by such facility are allocated equitably among the occupants of the dwelling units of such building. (C) Qualified low-income economic benefit project A facility shall be treated as part of a qualified low-income economic benefit project if at least 50 percent of the financial benefits of the electricity produced by such facility are provided to households with income of— (i) less than 200 percent of the poverty line (as defined in section 36B(d)(3)(A)) applicable to a family of the size involved, or (ii) less than 80 percent of area median gross income (as determined under section 142(d)(2)(B) ). (D) Financial benefit For purposes of subparagraphs (B) and (C), electricity acquired at a below-market rate shall not fail to be taken into account as a financial benefit.