Sec. 1.45U-3 Rules relating to the increased credit amount for prevailing wage.
(a) In general. If a qualified nuclear power facility satisfies the prevailing wage requirements of section 45(b)(7) and §1.45-7 for any alteration or repair with respect to such qualified nuclear power facility within the meaning of section 45U(b)(1), and the recordkeeping and reporting requirements of §1.45-12, then the amount of the zero-emission nuclear power production credit for the taxable year is equal to the credit amount determined under section 45U(a) multiplied by five.
(b) Qualifying Project Labor Agreement for a qualified nuclear power facility. For the purposes of section 45U and §1.45-7(c)(6)(ii), in order to be a Qualifying Project Labor Agreement, such agreement must, at a minimum:
(1) Be a collective bargaining agreement with one or more labor organizations (as defined in 29 U.S.C. 152(5)) of which employees of the qualified nuclear power facility are members and such agreement establishes the terms and conditions of employment at the qualified nuclear power facility;
(2) Contain guarantees against strikes, lockouts, and similar job disruptions;
(3) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the collective bargaining agreement; and
(4) Contain provisions to pay wages at rates not less than the prevailing rates in accordance with subchapter IV of chapter 31 of title 40 of the United States Code.
(c) Applicability date. This section applies to alterations and repairs of qualified nuclear power facilities that are performed after June 25, 2024, for taxable years beginning after June 25, 2024. Taxpayers may apply this section to alterations and repairs of qualified nuclear power facilities that are performed prior to June 25, 2024 provided that taxpayers follow this section in its entirety and in a consistent manner.
[Added by T.D. 9998, 89 FR 53184-53273, June 25, 2024; corrected at 89 FR 66560-66562, Aug. 16, 2024.]
