(35 ILCS 55/27)

Sec. 27. Attestation and verification required.

(a) Each taxpayer seeking credits under this Act shall submit with its application for credits under this Act an attestation from the producer, made under penalty of perjury. The attestation shall also confirm that the hydrogen for which a tax credit is claimed has not been produced during an applicable PJM performance assessment interval or an applicable MISO maximum generation event. Each taxpayer seeking credits under this Act shall also be required to submit to the Department, at the time of the tax filing for the applicable year, documentation verifying the facts set forth in the attestation required by this Section.

(b) Each taxpayer seeking credits under this Act shall submit with its application for credits under this Act documentation verifiably demonstrating that the hydrogen use or uses for which the tax credit is sought was entirely used for an eligible qualifying hydrogen use, as defined in Section 10 of this Act.

(c) Each taxpayer seeking credits under this Act shall submit with its application for credits under this Act verifiable documentation of the following information, to be provided to the taxpayer by the producer:

(i) the type of power generation used to produce the qualifying hydrogen during each hour that the qualifying hydrogen was produced, if this information is available;

(ii) the year or years in which the power generation source or sources identified in item (i) went into operation;

(iii) if the power generation identified in item (i) would have been curtailed or otherwise would not have occurred but for the production of qualifying hydrogen, to the extent determined by PJM, MISO, or another grid operator; and

(iv) to the extent available, the marginal emissions intensity of the regional grid in the same location where the qualifying hydrogen was produced during each hour that the qualifying hydrogen was produced, as determined by the marginal fuel type reported by PJM, MISO, or another grid operator, as appropriate, and an average emissions intensity for that fuel.

(Source: P.A. 103-268, eff. 7-25-23.)