PolicyBrief
H.R. 1003
119th CongressFeb 5th 2025
Enhancing Energy Recovery Act
IN COMMITTEE

This bill modifies the carbon oxide sequestration credit to ensure equal treatment for various uses of captured carbon oxide by removing distinctions between different utilization methods and updating the credit amounts and inflation adjustments. It also sets a standard credit amount for carbon oxide disposal, use in enhanced oil or natural gas recovery, or utilization, and adjusts the applicable dollar amount for the carbon oxide credit.

Kevin Hern
R

Kevin Hern

Representative

OK-1

LEGISLATION

Carbon Capture Credit Gets a Makeover: New Bill Removes Use Distinctions, Tweaks Inflation Calculation

The "Enhancing Energy Recovery Act" is essentially revamping the tax credits for companies that capture and store carbon oxide. Here’s the lowdown on what’s changing and what it could mean for you.

Leveling the Playing Field

This bill, introduced as an amendment to Section 45Q of the Internal Revenue Code, is all about making the rules for carbon oxide sequestration credits the same, no matter how the captured carbon is used. Previously, the tax code differentiated between storing carbon securely, using it for enhanced oil recovery (EOR), or other utilizations. This bill wipes out those distinctions. Starting in 2025, it's all treated the same for tax purposes (SEC. 2).

Dollars and Sense

Let's talk numbers. The bill sets a baseline credit amount of $17 per metric ton of captured carbon oxide for the tax years 2025 and 2026. After that, the amount will be adjusted for inflation, using 2025 as the base year (SEC. 2). This is a shift from the previous setup, which used 1990 as the base year. For example, a large manufacturing facility that switches to carbon capture and storage could save a lot of money on their taxes, but so will an oil company using captured CO2 to get more oil out of the ground. The bill doesn’t change any existing provisions that substitute $36 for $17 in certain calculations.

Real-World Ripples

This change could be a double-edged sword. On the one hand, it might spur more investment in carbon capture technology across the board. Think of a power plant: they could be more inclined to install carbon capture systems if they know the tax credit is the same, regardless of what happens to the captured carbon. This could mean fewer emissions overall.

However, it could also incentivize more enhanced oil recovery. While EOR can store carbon, it also means pulling more fossil fuels out of the ground. A small oil company, for instance, might find it more profitable to use captured carbon for EOR than to simply store it securely, potentially offsetting some of the environmental benefits. The farmer who leases his land to the oil company might see some extra income, too. The bill does not provide any additional environmental safeguards.

The Big Picture

This bill simplifies things, which could boost carbon capture projects. But the lack of distinction between different uses of captured carbon raises some questions. It could end up benefiting the oil and gas industry significantly, as they are major players in EOR. The bill's real-world effects might be a mixed bag – more carbon captured, but potentially more fossil fuel extraction, too. It's a trade-off, and whether it's a net positive is something to watch closely.