PolicyBrief
H.R. 310
119th CongressJan 9th 2025
Restoring Energy Market Freedom Act
IN COMMITTEE

The "Restoring Energy Market Freedom Act" repeals numerous energy-related tax credits, modifying the tax code to reflect these changes and revising definitions for qualified facilities and applicable entities. These changes would be effective for taxable years starting after December 31, 2024.

Scott Perry
R

Scott Perry

Representative

PA-10

LEGISLATION

Restoring Energy Market Freedom Act: Axing Green Tax Credits Starting 2025

This bill, officially called the "Restoring Energy Market Freedom Act," essentially hits the delete button on a bunch of tax credits for renewable energy. These changes kick in for tax years starting after December 31, 2024. The main goal? To wipe out a series of tax breaks designed to encourage investment in cleaner energy sources.

Killing the Credits

This section is all about repeal. The bill targets key sections of the Internal Revenue Code (sections 45, 45J, 45Q, and so on, up to 48E) that provide tax credits for various renewable energy projects. Think wind, solar, geothermal – the whole nine yards. By removing these, the government effectively stops giving financial incentives for businesses and individuals to invest in these technologies. For example, a farmer who might have considered installing solar panels with the help of a tax credit under Section 48 might now think twice. The bill isn't just deleting these sections; it's also cleaning up the rest of the tax code to match, like adjusting how general business credits are calculated (Section 38).

Rewriting the Rules

Beyond just killing credits, the bill also tweaks some definitions. For instance, under Section 45Z, a "qualified facility" now specifically means a place that produces transportation fuels. This is a narrower definition than before, and it could impact what kinds of projects can get any remaining tax breaks. The bill also messes with the rules for making certain tax-related elections (Section 6417), including setting specific deadlines. This could create a headache for businesses trying to navigate the new, less generous landscape.

Real-World Rollout and Potential Challenges

Imagine you're a small business owner who was planning to invest in solar panels for your workshop, spurred on by the tax credits available under the old Section 48. Now, those credits are gone, potentially making the upfront cost too high. Or consider a larger company that was developing carbon capture technology, relying on credits under Section 45Q. That project might now be shelved. The ripple effect could be significant, impacting not just individual businesses but also the broader push toward cleaner energy. While the bill's proponents might argue it simplifies the tax code, the practical effect is likely to be a slowdown in renewable energy adoption. It also potentially gives an advantage to established fossil fuel industries, which no longer have to compete with subsidized renewables on a level playing field. The changes to Section 6417, regarding elections, could also lead to confusion and administrative burdens, especially for smaller entities without dedicated tax teams.

The Bigger Picture

This bill is a pretty big deal in the energy sector. By eliminating incentives for renewables, it's essentially changing the rules of the game. The immediate impact will likely be felt by businesses and individuals who were banking on these tax credits. The longer-term consequences could include a slower transition to cleaner energy sources and a continued reliance on fossil fuels. It also raises questions about how serious the government is about tackling climate change, given that these tax credits were a key part of that strategy. The changes to the definitions and election rules add another layer of complexity, potentially making it harder for businesses to navigate the tax system, even if the stated goal was simplification.