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

The Restoring Energy Market Freedom Act repeals thirteen federal tax credits for renewable energy, nuclear power, and advanced energy manufacturing.

Scott Perry
R

Scott Perry

Representative

PA-10

LEGISLATION

Energy Market Freedom Act Repeals 13 Major Green Energy Tax Credits Starting January 2025

The Restoring Energy Market Freedom Act proposes a sweeping overhaul of the federal tax code by completely eliminating thirteen major energy-related tax credits. Starting in the 2025 tax year, this bill would strike down financial incentives for everything from wind and solar production to nuclear power, clean hydrogen, and carbon capture technology. Beyond just energy production, it also kills off 'advanced manufacturing' credits that currently help companies build things like batteries and solar components right here in the U.S. By removing these provisions from Section 38 of the tax code, the bill effectively shifts the financial landscape for the entire energy sector, moving away from government-backed incentives and toward a raw market-driven approach.

Unplugging the Incentives

This bill doesn't just trim the edges; it pulls the plug on the financial life support for a wide range of technologies. For example, Section 45 (renewable electricity) and Section 48 (energy investment) are on the chopping block. In the real world, this means a local wind farm developer or a company installing a massive solar array for a warehouse would lose the tax breaks they currently rely on to make those projects profitable. It’s not just 'green' energy either—the bill also repeals credits for nuclear power (Section 45U) and advanced coal projects (Section 48A). If you work at a manufacturing plant that produces high-tech battery components, the repeal of the Section 45X advanced manufacturing credit could directly impact your company’s bottom line and its ability to compete with cheaper overseas imports.

Impact on Local Governments and Non-Profits

One of the most technical but impactful changes involves 'conforming amendments' to Section 6417. Currently, entities that don't pay taxes—like your local city government, a public school district, or a non-profit hospital—can receive 'direct pay' from the IRS for building clean energy projects. This bill ends that. For a small-town mayor trying to lower the municipal electric bill by installing solar panels on the library, the loss of these direct payments means the project might suddenly become too expensive for the local budget. Without the ability to get that cash back from the government, these tax-exempt organizations lose their primary seat at the energy transition table.

The Cost of a Free Market

While the bill aims to simplify the tax code and reduce government spending on energy subsidies, the transition could be bumpy for your wallet. By removing incentives for cheaper renewable energy and advanced technologies, there’s a risk that energy providers will stick with older, more expensive infrastructure or pass the costs of new construction directly to consumers. Additionally, by repealing credits like Section 45Q for carbon capture, companies that were planning to invest in cleaning up existing industrial plants may now find it cheaper to simply keep operating as-is. For the average person, this could mean a slower shift toward newer energy sources and a potential hit to job growth in the domestic 'clean-tech' manufacturing sector.