PolicyBrief
S. 425
119th CongressFeb 5th 2025
Enhancing Energy Recovery Act
IN COMMITTEE

The "Enhancing Energy Recovery Act" amends the Internal Revenue Code to update and adjust tax credits for carbon oxide disposal, utilization, and storage, including enhanced oil or natural gas recovery, with increased credit amounts for projects meeting specific requirements.

John Barrasso
R

John Barrasso

Senator

WY

LEGISLATION

Tax Code Tweaked for Carbon Capture: New Credits for Storage and Oil Recovery Kick in After 2024

The "Enhancing Energy Recovery Act" is essentially updating the tax rules around capturing and using carbon oxide—a byproduct of industrial processes. Starting in 2025, the bill revises Section 45Q of the Internal Revenue Code, changing how companies can get tax credits for dealing with carbon emissions.

Carbon Capture Credits: What's Changing?

The core of the bill is about how companies can handle carbon oxide. It lays out three main options:

  1. Secure Geological Storage: Stashing the carbon underground, permanently.
  2. Enhanced Oil or Natural Gas Recovery: Using the captured carbon to help pump more oil or gas out of the ground.
  3. Other Uses: This is a bit of a catch-all, defined elsewhere in the bill (subsection (f)(5)), but it means finding other ways to utilize the carbon.

For straight-up disposal (like geological storage), the bill sets a tax credit of $17 per metric ton of carbon oxide. That's for the years 2025 and 2026. After that, it'll be $17 plus an adjustment for inflation. So, if a power plant captures and stores 1,000 tons of carbon in 2025, they're looking at a $17,000 tax credit. But, there's a kicker: projects that meet "certain requirements" (these aren't spelled out in this section) get a bigger credit - $36 per ton instead of $17. The bill is light on the details in what these "certain requirements" are, an important omission.

Real-World Rollout

Imagine a factory that emits carbon oxide. They have a choice: invest in tech to capture that carbon or keep paying taxes on those emissions. This bill is nudging them towards capture. They can bury it, use it to boost oil production, or find some other approved use. If they bury it, they get the $17/ton credit (or $36 if they qualify). If they use it for oil recovery, they still get a credit, though the exact amount isn't detailed here.

For a small business owner, this might mean new opportunities. If you're in a field that can use captured carbon (and there aren't many at this point), you might find yourself in a growing market. For someone working in the oil and gas industry, it could mean more investment in enhanced recovery projects. For trade workers, this could mean new construction jobs if new carbon capture facilities get built.

The Bigger Picture and Potential Snags

This bill fits into the larger debate about climate change and energy policy. On one hand, it incentivizes capturing carbon, which could reduce emissions. On the other, it supports using that carbon for more oil and gas extraction, which is counterintuitive if the goal is to reduce fossil fuel use overall. It's a bit like giving someone a discount on a gym membership while also offering them a coupon for fast food.

One challenge is making sure the "other uses" of carbon are genuinely beneficial. The bill leaves that definition somewhat open, which could create loopholes. Another thing to watch is how the inflation adjustment plays out. It's meant to keep the credit valuable over time, but it could also make the tax break more expensive than initially planned.

Finally, the bill amends existing law (Section 45Q of the Internal Revenue Code), so it's not creating something entirely new. It's tweaking an existing system, trying to make it more effective and, arguably, more favorable to certain industries.