The Oklahoma Bar Journal May 2024

project costs by mandating pay ments of higher wages, onerous apprentice training programs and burdensome recordkeeping requirements; however, the benefits to the environment, the working class and the construction industry clearly outweigh the administrative burdens and higher project costs.

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ABOUT THE AUTHOR

Crystal F. Lineberry is an Oklahoma attorney practicing as in-house counsel for a renewable natural gas corporation

based out of California. She primarily practices in the areas of construction, business, energy and contract law. Ms. Lineberry is a member of the OBA Energy and Natural Resources Law Section. ENDNOTES 1. The Inflation Reduction Act of 2022, Public Law 117–169, 136 Stat. 1818 (Aug. 16, 2022), amended Sections 30C, 45, 45L, 45Q, 48, 48C and 179D. 2. Internal Revenue Service (IRS) Publication 5855 (8-2023) (irs.gov), “Prevailing wage and apprenticeship requirements do not apply to certain projects, including those that began construction (or installation under § 179D) prior to January 29, 2023, or certain projects of less than 1 megawatt when claiming §§ 45, 45Y, 48, and 48E.” 3. Section 48(a)(9)(B). 4. Internal Revenue Service (IRS), Treasury, Prevailing Wage and Apprenticeship Initial Guidance Under Section 45(b)(6)(B)(ii) and Other Substantially Similar Provisions, Notice 2022-61 (Nov. 30, 2022). 5. Increased Credit or Deduction Amounts for Satisfying Certain Prevailing Wage and Registered Apprenticeship Requirements, 88 Fed. Reg. 60,018 (Aug. 30, 2023) (Proposed Rules) (to be codified at 26 CFR Part 1). 6. Id. 7. 26 C.F.R. §1.45(b)(7)(A)(ii). 8. 26 C.F.R. §1.45 (b)(8)(A)(i). 9. 26 C.F.R. §1.45 (b)(8)(E)(i). 10. 26 C.F.R. §1.45 (b)(8)(E)(ii). 11. 26 C.F.R. §1.45 (b)(8)(A)(i). 12. 88 Fed. Reg. 60,018 (Aug. 30, 2023) (Proposed Rules) (to be codified at 26 CFR Part 1). 13. 26 C.F.R. §1.455(b)(8)(C). 14. 88 Fed. Reg. 60,018 (Aug. 30, 2023) (Proposed Rules) (to be codified at 26 CFR Part 1). 15. 26 C.F.R. §1.45(b)(8)(D)(ii).

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Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

MAY 2024 | 29

THE OKLAHOMA BAR JOURNAL