You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
In an exclusive interview, Deputy Treasury Secretary Wally Adeyemo laid out the three big to-do items the department is pushing to finish by January.
The Treasury Department will finalize the long-awaited rules governing the new clean hydrogen tax credit before the end of the year, Deputy Secretary Wally Adeyemo told Heatmap in an exclusive interview Monday.
It will also publish the final guidance for the advanced manufacturing and technology-neutral clean power tax credits by that time, he said.
That means that the Treasury Department will have finished the rules governing most — but not all — of the 18 tax credits created or remade by the Inflation Reduction Act, President Joe Biden’s signature climate package, by the end of his term. More than two years after that law’s passage, many of the potential beneficiaries — including electric utilities, battery manufacturers, and more — are still waiting to find out exactly how to collect its incentives.
The Treasury hasn’t just been sitting on its hands. Adeyemo told us the department has completed 75 guidance “projects” related to the IRA, a category that includes proposed and final rules as well as some non-binding FAQs and other documents. Citing an analysis from the Rhodium Group, an energy research firm, and MIT, he said that the Inflation Reduction Act has already spurred some $380 billion of private investment in 1,600 clean energy projects nationwide, potentially creating 270,000 jobs.
“This is far out-performing what I think the initial expectations for the law were at this stage,” Adeyemo said. “But as you also know, lots of people want us to finish additional rulemaking.”
The uncertainty has been especially paralyzing for the nascent clean hydrogen industry, as the final guidance for the hydrogen tax credit, section 45V of the tax code, could determine which multimillion dollar projects ultimately get developed. Chief among the Treasury Department’s concerns: It must decide how hydrogen producers who use electrolysis — sending electricity through water to split its molecules — should deal with the indirect carbon emissions associated with drawing power from the grid.
Under the scheme favored by climate advocates, would-be hydrogen makers will have to build enough new renewable capacity to satisfy their energy needs in close to real time. Under a proposal more favored by the industry, producers could buy power from existing nuclear or hydroelectric power plants that currently serve other customers, or simply offset their emissions with solar energy certificates even if they continue to operate when the sun goes down. Draft rules published in December took a strict approach to emissions — and faced fierce pushback not just from industry, but also from Democratic members of Congress and the Department of Energy. Leaders of regional clean hydrogen hubs — which have been awarded grants by a separate $7 billion federal program — argued that strict rules would be fatal to their cause.
There is a lot of money at stake — up to $3 per kilogram of hydrogen produced, equaling many billions over the lifetime of the program — to build a new industry from near-scratch. Some energy modelers fear that if the program is designed poorly, that windfall could subsidize a lot of carbon emissions. Projects that are supposed to help the U.S. cut emissions could end up creating them instead, these groups have predicted, setting the country back two to three percentage points on its greenhouse gas targets.
There are many other open questions about the hydrogen credit, including requirements for producers that make hydrogen from natural gas, instead of from water and electricity. Although hydrogen companies made a flurry of new project announcements right after the Inflation Reduction Act first passed, many have since put those plans on hold as the industry awaits the final rules.
The Treasury received more than 30,000 comments on the initial draft of the hydrogen rules. Though Adeyemo did not comment on the final rules’ substance, he called those comments “quite helpful” and asserted multiple times during our interview that the Treasury has found middle ground.
“Congress has provided a strong enough incentive here that allows us to do two things at once, which is one, make sure that we’re watching for significant indirect emissions, but at the same time creating pathways to do exactly what industry is talking about, which is accelerating the development of the industry here,” he said.
Looming over these decisions is the upcoming election, when a change in control of the White House or Congress could open up the rules to review. Adeyemo acknowledged that the final rules were unlikely to please everyone. But he said that he was “less concerned” about pushback from Congress. He argued that the tax credit was lucrative enough that companies could afford to abide by the requirements Treasury ultimately sets, and that what the industry really wants is “clarity, certainty, and flexibility.”
Companies and environmental groups on both sides of the hydrogen fight — including the energy company Constellation, which operates more than a dozen nuclear plants, and the Natural Resources Defense Council — have already threatened lawsuits if the rules do not align with their priorities. Recent Supreme Court decisions have weakened federal agencies’ ability to defend their own rules in court. But Adeyemo said the department was working hard to design the rules “in a way that is in keeping with congressional intent,” to protect them from such attacks. “We’re now going through the process of making sure that we show our work and how we’ve done that.”
The other tax credit rules the Treasury plans to finalize, while still consequential, have not left such foundational questions up in the air. Companies have already begun building battery factories, for example, under the expectation that they will be able to claim the advanced manufacturing tax credit. The technology-neutral clean power credits don’t even go into effect until next year, and the biggest uncertainty is whether facilities that burn biomass or methane captured from landfills for energy will qualify.
The news also leaves a few industries in the dark. Adeyemo said he couldn’t commit to a timeline for finalizing a tax credit for low-carbon aviation fuel, for example. Final rules for a tax credit for electric vehicle charging equipment are also on the to-do list.
“The challenge, of course, is there’s only so many people here at the Treasury Department who are doing all this work,” Adeyemo said, “so getting through all the 30,000 comments on clean hydrogen and focusing on that means that there’s going to be clear trade-offs.”
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Excise tax is out, foreign sourcing rules are in.
After more than three days of stops and starts on the Senate floor, Congress’ upper chamber finally passed its version of Trump’s One Big Beautiful Bill Act Tuesday morning, sending the tax package back to the House in hopes of delivering it to Trump by the July 4 holiday, as promised.
An amendment brought by Senators Joni Ernst and Chuck Grassley of Iowa and Lisa Murkowski of Alaska that would have more gradually phased down the tax credits for wind and solar rather than abruptly cutting them off was never brought to the floor. Instead, Murkowski struck a deal with the Senate leadership designed to secure her vote that accomplished some of her other priorities, including funding for rural hospitals, while also killing an excise tax on renewables that had only just been stuffed into the bill over the weekend.
The new tax on wind and solar would have driven up development costs by as much as 20% — a prospect that industry groups said would “kill” investment altogether. But even without the tax, the Senate’s bill would gum up the works for clean energy projects across the spectrum due to new phase-out schedules for tax credits and fast-approaching deadlines to meet complex foreign sourcing rules. While more projects will likely be built under this version than the previous one, the basic outcomes haven’t changed: higher energy costs, project delays, lost jobs, and ceding leadership in artificial intelligence and manufacturing to China.
"This bill will hit Americans hard, terminating credits that have helped families lower their energy and transportation costs, shrinking demand for American-made advanced energy technologies, and squeezing new domestic energy production at a time of rising demand and prices,” Heather O’Neill, the CEO and president of the trade group Advanced Energy United, said in a statement Tuesday. “The advanced energy industry will endure, but the downstream effects of these rollbacks and punitive policies will be felt by American families and businesses for years to come.”
Here’s what’s in the final Senate bill.
The final Senate bill bifurcates the previously technology-neutral tax credits for clean electricity into two categories with entirely different rules and timelines — wind and solar versus everything else.
Tax credits for wind and solar farms would end abruptly with no phase-out period, but the bill includes a significant safe harbor for projects that are already under construction or close to breaking ground. As long as a project starts construction within 12 months of the bill’s passage, it will be able to claim the tax credits as originally laid out in the Inflation Reduction Act. All other projects must be “placed in service,” i.e. begin operating, by the start of 2028 to qualify.
That means if Trump signs the bill into law on July 4, wind and solar developers will have until July 4 of 2026 to “start construction.” Otherwise, they will have less than a year and a half to bring their projects online and still qualify for the credits.
Meanwhile, all other sources of zero-emissions electricity, including batteries, advanced nuclear, geothermal, and hydropower, will be able to continue claiming the tax credits for nearly a decade. The credits would start phasing down for projects that start construction in 2034 and terminate in 2036.
While there are some potential wins in the bill for clean energy development, many of the safe harbored projects will still be subject to complex foreign sourcing rules that may prove too much of a burden to meet.
The bill requires that any zero-emissions electricity or advanced manufacturing project that starts construction after December of this year abide by strict new “foreign entities of concern,” or FEOC rules in order to be eligible for tax credits. The rules penalize companies for having financial or material connections to people or businesses that are “owned by, controlled by, or subject to the jurisdiction or direction of” any of four countries — Russia, Iran, North Korea, and most importantly for clean energy technology, China.
As with the text that came out of the Senate Finance committee, the text in the final bill would phase in supply chain restrictions, requiring project developers and manufacturers to use fewer and fewer Chinese-sourced inputs over time. For clean electricity projects starting construction next year, 40% of the value of the materials used in the project must be free of ties to a FEOC. By 2030, the threshold would rise to 60%. Energy storage facilities are subject to a more aggressive timeline and would be required to prove that 55% of the project materials are non-FEOC in 2026, rising to 75% by 2030. Each covered advanced manufacturing technology gets its own specific FEOC benchmarks.
Unlike the text from the Finance Committee, however, the final text includes a clear exception for developers who already have procurement contracts in place prior to the bill’s enactment. If a solar developer has already signed a contract to get its cells from a Chinese company, for example, it could exempt that cost from the calculation. That would make it easier for companies further along in the development process to comply with the eligibility rules.
That said, these materials sourcing rules come on top of strict ownership and licensing rules likely to block more than 100 existing and planned solar and battery factories with partial Chinese ownership or licensing deals with Chinese firms from receiving the tax credits, per a BloombergNEF analysis I reported on previously.
Once again, the details of how any of this will work — and whether it will, in fact, be “workable” — will depend heavily on guidance written by the Treasury department. That not only gives the Trump administration significant discretion over the rules, it also assumes that the nTreasury department, which is now severely understaffed after Trump’s efficiency department cleaned house earlier this year, will actually have the bandwidth to write them. Without Treasury guidance, developers may not have the cost certainty they need to continue moving forward on projects.
Up until today, the Senate and House looked poised to destroy the business model for companies like Sunrun that lease rooftop solar installations to homeowners and businesses by cutting them off from the investment tax credit, which can bring down the cost of a solar array by as much as 70%. The final Senate bill, however, got rid of this provision and replaced it with a much more narrow version.
Now, the only “leasing” schemes that are barred from claiming tax credits are those for solar water heaters and small wind installations. Companies that lease solar panels, batteries, fuel cells, and geothermal heating equipment are still eligible. SunRun’s stock jumped nearly 10 percentage points on Tuesday.
Other than the new FEOC rules, which will have truly existential consequences for a great many projects, there aren’t many changes to the advanced manufacturing tax credit, or 45X, than in previous versions of the bill. The OBBBA would create a new phase-out schedule for critical mineral producers claiming the tax credit that begins in 2031. Previously, critical minerals were set to be eligible indefinitely. It would also terminate the credit for wind energy components early, in 2028.
One significant change from the Senate Finance text is that the bill would allow vertically integrated companies to stack the tax credit for multiple components.
But perhaps the biggest change, which was introduced last weekend, is a twisted new definition of “critical mineral” that allows metallurgical coal — the type of coal used in steelmaking — to qualify for the tax credit. As my colleague Matthew Zeitlin wrote, most of the metallurgical coal the U.S. produces is exported, meaning this subsidy will mostly help other countries produce cheaper steel.
It looks like the hydrogen industry’s intense lobbying efforts finally paid off: The final Senate bill is the first text we’ve seen since this process began in May that would extend the lifespan of the tax credit for clean hydrogen production. Now, projects that begin construction before January 1, 2028 will still qualify for the credit. This is shorter than the Inflation Reduction Act’s 2033 cut-off, but much longer than the end-of-year cliff earlier versions of the bill would have imposed.
The tax credits for electric vehicles and energy efficiency building improvements would end almost immediately. Consumers will have to purchase or lease a new or used EV before September 30, 2025, in order to benefit. There would be a slightly longer lead time to get an EV charger installed, but that credit (30C) would expire on June 30, 2026.
Meanwhile, energy efficiency upgrades such as installing a heat pump or better-insulated windows and doors would have to be completed by the end of this year in order to qualify. Same goes for self-financed rooftop solar. The tax credit for newly built energy efficiency homes would expire on June 30, 2026.
The bill would make similar changes to the carbon sequestration (45Q) and clean fuels (45Z) tax credits as previous versions, boosting the credit amount for carbon capture projects that do enhanced oil recovery, and extending the clean fuels credit to corn ethanol producers.
The House Rules Committee met on Tuesday afternoon shortly after the Senate vote to deliberate on whether to send it to the House floor, and is still debating as of press time. So far, Rules members Ralph Norman and Chip Roy have said they’ll vote against it.
On sparring in the Senate, NEPA rules, and taxing first-class flyers
Current conditions: A hurricane warning is in effect for Mexico as the Category 1 storm Flossie approaches • More than 50,000 people have been forced to flee wildfires raging in Turkey • Heavy rain caused flash floods and landslides near a mountain resort in northern Italy during peak tourist season.
Senate lawmakers’ vote-a-rama on the GOP tax and budget megabill dragged into Monday night and continues Tuesday. Republicans only have three votes to lose if they want to get the bill through the chamber and send it to the House. Already Senators Thom Tillis and Rand Paul are expected to vote against it, and there are a few more holdouts for whom clean energy appears to be one sticking point. Senator Lisa Murkowski of Alaska, for example, has put forward an amendment (together with Iowa Senators Joni Ernst and Chuck Grassley) that would eliminate the new renewables excise tax, and phase out tax credits for solar and wind gradually (by 2028) rather than immediately, as proposed in the original bill. “I don’t want us to backslide on the clean energy credits,” Murkowski told reporters Monday. E&E News reported that the amendment could be considered on a simple majority threshold. (As an aside: If you’re wondering why wind and solar need tax credits if they’re so cheap, as clean energy advocates often emphasize, Heatmap’s Emily Pontecorvo has a nice explainer worth reading.)
At the same time, Utah’s Senator John Curtis has proposed an amendment that tweaks the new excise tax to make it more “flexible.” The amendments are “setting up a major intra-party fight,” Politicoreported, adding that “fiscal hawks on both sides of the Capitol are warning they will oppose the bill if the phase-outs of Inflation Reduction Act provisions are watered down.” Senators have already defeated amendments proposed by Democrats Jeanne Shaheen of New Hampshire and John Hickenlooper of Colorado to defend clean energy and residential solar tax credits, respectively. The session has broken the previous record for most votes in a vote-a-rama, set in 2008, with no end in sight.
The Department of Energy on Monday rolled back most of its regulations relating to the National Environmental Policy Act, or NEPA, and published a new set of guidance procedures in their place. The longstanding NEPA law requires that the government study the environmental impacts of its actions, and in the case of the DOE, this meant things like permitting and public lands management. In a press release outlining the changes, the agency said it was “fixing the broken permitting process and delivering on President Trump’s pledge to unleash American energy dominance and accelerate critical energy infrastructure.” Secretary of Energy Chris Wright said the agency was cutting red tape to end permitting paralysis. “Build, baby, build!” he said.
Nearly 300 employees of the Environmental Protection Agency signed a letter addressed to EPA head Lee Zeldin declaring their dissent toward the Trump administration’s policies. The letter accuses the administration of:
“Going forward, you have the opportunity to correct course,” the letter states. “Should you choose to do so, we stand ready to support your efforts to fulfill EPA’s mission.” It’s signed by more than 420 people, 270 being EPA workers. Many of them asked to sign anonymously. In a statement to The New York Times, EPA spokesperson Carolyn Horlan said “the Trump EPA will continue to work with states, tribes and communities to advance the agency’s core mission of protecting human health and the environment and administrator Zeldin’s Powering the Great American Comeback Initiative, which includes providing clean air, land and water for EVERY American.”
At the fourth International Conference on Financing for Development taking place in Spain this week, a group of eight countries including France and Spain announced they’re banding together in an effort to tax first- and business-class flyers as well as private jets to raise money for climate mitigation and sustainable development. “The aim is to help improve green taxation and foster international solidarity by promoting more progressive and harmonised tax systems,” the office of Spanish Prime Minister Pedro Sanchez said in a statement. Other countries in the coalition include Kenya, Barbados, Somalia, Benin, Sierra Leone, and Antigua & Barbuda. The group said it will “work towards COP30 on a better contribution of the aviation sector to fair transitions and resilience.” Wopke Hoekstra, who heads up the European Commission for Climate, called for other countries to join the group in the lead-up to COP30 in November.
In case you missed it: Google announced on Monday that it intends to buy fusion energy from nuclear startup Commonwealth Fusion Systems. Of course, CFS will have to crack commercial-scale fusion first (minor detail!), but as The Wall Street Journal noted, the news is significant because it is “the first direct deal between a customer and a fusion energy company.” Google will buy 200 megawatts of energy supplied by CFS’s ARC plant in Virginia. “It’s a pretty big signal to the market that fusion’s coming,” CFS CEO Bob Mumgaard told the Journal. “It’s desirable, and that people are gonna work together to make it happen.” Google’s head of advanced energy Michael Terrell echoed that sentiment, saying the company hopes this move will “prove out and scale a promising pathway toward commercial fusion power.” CFS, which is backed by Bill Gates’ Breakthrough Energy Ventures, aims to produce commercial fusion energy in the 2030s.
All the public property owned by Britain’s King Charles earned a net profit of £1.15 billion ($1.58 billion) last year. The biggest source of income? Offshore wind leases.
It’s the largest facility of its kind of Europe and will immediately make the lithium-sulfur battery startup a major player.
Lyten, the domestic lithium-sulfur battery company, has officially expanded into the European market, announcing that it has acquired yet another shuttered Northvolt facility. Located in Gdansk, Poland, this acquisition represents a new direction for the company: Rather than producing battery cells — as Lyten’s other U.S.-based facilities will do — this 270,000 square foot plant is designed to produce complete battery energy storage systems for the grid. Currently, it’s the largest energy storage manufacturing facility in Europe, with enough equipment to ramp up to 6 gigawatt-hours of capacity. This gives Lyten the ability to become — practically immediately — a major player in energy storage.
“We were very convinced that we needed to be able to build our own battery energy storage systems, so the full system with electronics and switch gear and safety systems and everything for our batteries to go into,” Keith Norman, Lyten’s chief sustainability and marketing officer, told me. “So this opportunity became very, very well aligned with our strategy.”
The well-funded startup has been negotiating this transaction — which is expected to close in the third quarter — since Northvolt’s bankruptcy proceedings got underway at the end of last year. It marks the second time the company has snatched up an old Northvolt asset, the first being a Bay Area-based plant capable of producing 200 megawatt-hours of batteries that’s expected to begin operations late this year.
Lithium-sulfur batteries are an emerging technology yet to be deployed at scale. This chemistry — if perfected — has the potential to be much higher energy-density than lithium-ion, and doesn’t require costly critical minerals prone to supply chain volatility such as nickel, manganese, cobalt, and graphite. These are all key elements of lithium-ion batteries and are primarily refined in China, whereas sulfur — the key material in lithium-sulfur batteries — is cheap and abundant around the world. Right now, the Poland facility is set up to produce lithium-ion energy storage systems, but once it starts switching over production lines, it will become likely the first in the world to manufacture lithium-sulfur systems at scale.
Until now, Lyten has only owned assets in the U.S., touting that it sources “well over 80%” of its core battery components domestically. But according to Norman, the startup has always looked to Europe as another key market, as its focus revolves around building local supply chains, not just a U.S.-centric one. “We have a vision to be able to have both battery manufacturing and energy storage manufacturing in the U.S. and in Europe, so that we can localize both supply chains,” he explained to me.
In the short-term, however, the company will continue to build its battery capacity in the U.S., including a a gigafactory in Reno planned for 2027, while it focuses on energy storage in Europe. U.S.-made batteries will supply the Poland facility until Lyten’s hypothetical future Europe-based battery factories can ramp, Norman explained.
Immediately after the deal closes, Lyten will restart manufacturing in order to meet Northvolt’s preexisting contracts for lithium-ion systems. Then throughout this year and next, the startup will work to integrate its own lithium-sulfur production lines, ultimately offering customers both lithium-sulfur and lithium-ion energy storage options. The goal is to produce a gigawatt-hour of system capacity by sometime next year.
Offering two distinct energy storage systems reliant on different battery chemistries will work to Lyten’s advantage, Norman told me via email, giving the company “an incredible amount of flexibility to navigate market uncertainty, supply chain uncertainty, geopolitical uncertainty, and varied customer demands.”
The company’s eagerness to acquire shuttered facilities isn’t driven by turbulence in the current political climate, Norman said, but rather by “opportunistic” market circumstances. Yet I also can’t help but notice that this would be a promising way for Lyten to cost-effectively scale at a time when, Norman said, it’s still taking a “wait and see” approach to tariffs and other fluctuating policies that stand to impact the domestic buildout of energy infrastructure.
When I spoke with Norman back in April, right after Trump’s “Liberation Day” tariffs came into effect, he expressed concern over how they could lead to spiraling construction costs. Levies on steel and aluminum, for example, now stand at 50%, while imports from China are still subject to cumulative tariffs of at least 54%. As Norman told me then, “the energy transition is a manufacturing transition,” and Lyten itself is “a hard tech company that needs to build a lot of infrastructure.”
So while the finances of the Poland factory acquisition aren’t public, it’s probably safe to assume that scooping up prebuilt infrastructure from a defunct business, taking over production of tried-and-true lithium-ion-based technologies, and expanding into international markets are all cheap and prudent options in this economy.
In terms of demand for energy storage, Norman also mentioned that the market is hotter in Europe right now than in the U.S., making it an optimal place to kick off its new product line. The company expects to sell storage systems from the Poland plant into a variety of other international markets, as well. In December of last year, Lyten announced that it had received letters of interest from the U.S. Export-Import Bank totalling $650 million in financing to deploy lithium-sulfur energy storage systems in the Caribbean and other developing economies.
As the company expands, it’s on the hunt for even more facilities to grab. “We continue to see assets becoming available or potential capital investments that have already been made in battery manufacturing assets that are potentially coming on the market,” Norman told me. He’s got his eyes on all of it. “That’s a real big priority for us.”