48E clean energy Investment Tax Credit that will be established in 2024;For Category 3 facilities, how to adjust definitions of gross financial value to account for scenarios in which building occupants are compensating the facility owner for energy services;For Category 3 facilities, how Financial Benefits, such as services and building improvements, can be provided to residents in residential buildings located in states or municipalities where it may not be administratively or legally possible to apply utility bill savings on residents’ electricity bills; andProposed requirements to qualify as a qualified renewable energy company to satisfy the Ownership Criteria.Comments must be received by 30 June 2023. Our lawyers in the Energy, Infrastructure, and Resources practice area are available to assist to help you further understand these proposed requirements and prepare comments to submit to Treasury and the IRS.1 See Additional Guidance on Low-Income Communities Bonus Credit Program, 88 Fed. Reg. 35,781 (Jun. 1, 2023).2 See Section 7.01(2)(a), Notice 2018-59 (Beginning of Construction for the Investment Tax Credit under Section 48); Section 4.04(2), Notice 2013-29 (Beginning of Construction for Purposes of the Renewable Electricity Production Tax Credit and Energy Investment Tax Credit).3 Code Section 45D(e)(1)(A).4 Code Section 45D(e)(1)(B)(i).5 Code Section 45D(e)(1)(B)(ii).6 See 25 U.S.C. § 3501(2).7 See 34 U.S.C. § 12491(a)(3).8 See 42 U.S.C. § 1471 et seq.9 See 25 U.S.C. § 4103(22).10 Treasury and IRS propose to calculate “gross financial value” of the annual energy produced as the sum of (a) the total self-consumed kilowatt-hours produced by the qualified solar and wind facility multiplied by the applicable building’s metered price of electricity, and (b) the total exported kilowatt-hours produced by the qualified solar and wind facility multiplied by the applicable building’s volumetric export compensation rate for solar and wind kilowatt-hours. The annual operating costs are calculated as t