PolicyBrief
H.R. 3549
119th CongressMay 21st 2025
Critical Businesses Preparedness Act
IN COMMITTEE

This Act establishes a 30% tax credit for critical businesses in high-risk disaster areas that install new electric generators to ensure operational continuity after floods or hurricanes.

Morgan Luttrell
R

Morgan Luttrell

Representative

TX-8

LEGISLATION

30% Tax Credit Proposed for Gas Stations, Hospitals Installing Backup Power in Disaster Zones

The Critical Businesses Preparedness Act introduces a new tax break designed to boost resilience in areas frequently hit by hurricanes or floods. Specifically, it creates a 30% tax credit for certain essential businesses that purchase and install new electric generators after the Act becomes law. Think of it as the government chipping in nearly a third of the cost to make sure critical services don’t go dark when the power grid fails.

Keeping the Lights On When It Counts

The core of this legislation is the "qualified disaster preparedness electric generator expenses credit." This credit equals 30% of the money spent on buying and installing a generator, provided that the generator is put into service in a government-designated high-risk flood or hurricane zone. The goal is straightforward: incentivize businesses that communities rely on most to invest in the infrastructure needed to keep operating during and immediately after a major weather event. For a business facing a six-figure generator installation, a 30% credit is a serious financial incentive.

Who Gets to Be the Hero?

This credit isn't for every business; it’s strictly for those deemed "critical" to disaster recovery—what the bill calls a "specified taxpayer." The law mandates that four types of businesses must be included: hospitals, nursing homes, grocery stores, and gas stations. That’s a huge deal for everyday life. When a storm hits, you need medical care, you need food, and you need fuel to run emergency vehicles or evacuate. By prioritizing these four, the Act directly addresses the most immediate post-disaster needs.

Beyond these four, the Secretary of the Treasury, working with the FEMA Administrator, gets to decide which other businesses qualify as critical. This administrative discretion is the one area where things get a little fuzzy; it means the exact list of eligible businesses will depend on how the agencies write the rules, but it allows flexibility to include, say, critical repair shops or certain communication providers.

The Fine Print: No Double Dipping Allowed

While 30% sounds great, the bill ensures you can’t game the system. If a business claims this 30% tax credit, they are specifically barred from also taking a standard tax deduction for that same expense. Furthermore, if the business was planning to depreciate the generator over time—which lowers taxable income—they must reduce the generator’s basis (its starting value for tax purposes) by the amount of the credit claimed. This is standard tax code practice, but it’s an important detail for CFOs and small business owners to remember: you get one big tax break, not two smaller ones.

Real-World Impact: Fuel and Food Security

Consider a regional grocery chain operating in a coastal town. Installing a massive backup generator is expensive, potentially costing hundreds of thousands of dollars. Without this bill, that expense might be delayed or deemed too costly. With the 30% credit, the business is strongly incentivized to install the generator, ensuring that after a hurricane, the community still has access to refrigerated medicine and fresh food—not just for a few hours, but potentially for days or weeks. Similarly, for the gas station owner, this credit ensures they can pump fuel, keeping emergency services running and allowing residents to evacuate safely. This isn't just a tax bill; it's a community resilience measure paid for through the tax code.