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Dane County Office of Energy & Climate Change

Prevailing Wage / Apprenticeship and Domestic Content Requirements

Clean energy projects can achieve increased incentives when entities meet various prevailing wage and apprenticeship and domestic content requirements:

  • All business and tax-exempt renewable energy projects can get an additional credit for meeting the domestic content requirements;
  • Renewable energy projects over 1 MW(ac) must meet Prevailing Wage and Apprenticeship to claim the full 30% tax credit or Elective Pay;
  • Elective Pay projects over 1 MW(ac) face a penalty if they do not meet domestic content requirements; and
  • Commercial energy efficiency projects receive a 5x larger tax deduction if prevailing wage and apprenticeship requirements are met.

  

Prevailing Wage & Apprenticeship Requirements

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Applicability

The IRA's prevailing wage and apprenticeship provisions apply to the:

  • Alternative Fuel Refueling Property Credit
  • Production Tax Credit
  • Credit for Carbon Oxide Sequestration
  • Credit for Production of Clean Hydrogen
  • Clean Fuel Production Credit
  • Investment Tax Credit
  • Advanced Energy Project Credit
  • Energy Efficient Commercial Buildings Deduction

In addition, the Inflation Reduction Act’s prevailing wage provisions apply to the:

  • New Energy Efficient Home Credit
  • Zero-Emission Nuclear Power Production Credit

Prevailing Wage and Apprenticeship

Prevailing Wages - Project must ensure all laborers and mechanics are paid the applicable prevailing wage, including fringe benefits, for all hours performing construction, and in some cases alteration or repair, on the site of the work of a qualified facility.

Prevailing wage is the combination of the basic hourly wage rate and any fringe benefits rate, paid to workers in a specific classification of laborer or mechanic in the area where construction, alteration, or repair is performed, as determined by the Secretary of Labor. The Wage and Hour Division posts labor classifications and their prevailing wage rates in wage determinations on sam.gov. Review our guide to help you navigate sam.gov. Waivers for this requirement are possible if complying would increase facility's costs by 25% or more or where produced are not produced in th U.S. in sufficient quality or quantity.

See more information about Prevailing Wages fom the Department of Labor website and Department of Labor FAQs. 

Apprenticeship requirements include three components:

  • A labor hours requirement;
  • A ratio requirement; and
  • Participation requirement.

Read more about apprenticeship requirements.

  

Domestic Content Requirements

The Domestic Content Bonus Credits are based on the existing Buy America Requirements. The aim is to encourage projects that benefit U.S. Manufacturing. 

Bonuses and Penalties

Businesses and tax-exempt entities can earn a 10% bonus on renewable energy credits if projects meet the Domestic Content requirements.

Beginning in 2024 Elective Pay renewable energy projects over 1MW(ac) that do not comply with domestic content requirements will receive reduced credits. 

  • 2024: 90% of base credit
  • 2025: 85% of base tax credit
  • 2026: 0% of base credit
Requirements

To be eligible the project must meet three additional requirements: 1) the Steel or Iron Requirement, 2) the Manufactured Products Requirement, and 3) a certification requirement. Read more information from the IRS guidance.

2024 Waiver

In December 2023, the IRS published a memo on domestic content penalties. The memo requests comments on several relevant questions by February 26, 2024, and provides a method for claiming a waiver for projects that start construction in 2024. To claim a waiver, one must attest that it reviewed the requirements for increased cost exception and non-availability exception and determined that the installation qualifies for one of the exceptions. The attestation must be signed by a person with legal authority for federal tax matters.