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An arcane tax policy is about to reshape America’s energy economy.
How do you prove your electricity is clean? This deceptively simple question is at the heart of an all-out war raging among environmental groups, academics, and energy companies over a new tax credit for the production of clean hydrogen.
At stake, most immediately, is billions of dollars in subsidies and the success and integrity of a nascent climate solution. But the question is so foundational to the energy transition that the answer could also reverberate through the U.S. economy for decades to come. And by a fluke — or by the limitations of the current political system — Janet Yellen’s Treasury Department has been tasked with setting the precedent.
“This is not just a hydrogen debate, at its very core,” Nathan Iyer, a senior associate at the clean energy research nonprofit RMI, told me. “This is the first round of a much larger, era-defining question.”
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To see why, it’s crucial to understand what all the hydrogen hubbub is about in the first place.
Hydrogen is a key plank in the Biden administration’s climate strategy, as it has the potential to replace fossil fuels in a number of industries, including steelmaking, shipping, aviation, and fertilizer production. But today, most hydrogen is made from natural gas in a carbon-intensive process, so first it has to become cheaper to make it in cleaner ways.
The Treasury Department got involved because the Inflation Reduction Act, which Biden signed last summer, created a generous tax credit to make these other, cleaner ways of producing hydrogen more competitive. One method, called electrolysis, involves splitting hydrogen off of water molecules using electricity. The process is emissions-free, as long as the electricity comes from a carbon-free source. Companies will be able to earn up to $3 for every kilogram of hydrogen produced this way. But before anyone can claim the credit, the Treasury has to write rules for what counts as clean electricity.
This is a more fraught question than it might sound. If a hydrogen plant wants to use power from the electric grid rather than build its own, dedicated supply, there’s no easy way to trace where the electrons it’s using originated. And the grid is still largely fed by fossil fuels.
The solution is to allow grid-connected projects to “book” clean energy by signing contracts with wind or solar or geothermal plants that serve the grid, and then “claim” the use of that energy to the Treasury. Many industries voluntarily use these sort of “book and claim” deals in order to advertise to customers that they are “powered by clean energy.”
But one influential Princeton study found that hydrogen production from electrolysis is so energy-intensive that in order to be sure that it has a low carbon footprint, these deals should follow three guidelines: The “booked” clean energy should be generated locally, from a recently-built power plant, and matched to the hydrogen facility’s operations on an hourly basis. Otherwise, you might have a hydrogen plant in New Mexico “buying” energy from a wind farm in Texas that’s already been operating for half a decade. Or you might have that same plant buy lots of local solar power, but then keep operating at night. In either case, a natural gas plant will likely have to ramp up to meet the real-time energy demand.
Without these guardrails, the authors warn, the Treasury could end up directing billions of taxpayer dollars to facilities that emit twice as much carbon as those making hydrogen from natural gas today.
Many hydrogen companies want the Treasury to instead adopt more of an “A for effort” kind of approach. They argue that the point of the tax credit is to launch a new industry, and that onerous rules could kill it before it has a chance to get off the ground.
In fact, there’s so much money on the line that the Fuel Cell and Hydrogen Industry Association has been flooding the public with ads in newspapers and on streaming and podcast services delivering a cryptic warning that “additionality” — the requirement to buy energy from new power plants — was threatening to “set America back.” Others, like the energy company NextEra, are lobbying against the hourly requirement.
While companies tussle with environmental groups and others over what’s at stake for hydrogen, the Treasury’s decision will have implications far beyond any one project, company, or even industry. That’s because the emissions risks described in the Princeton paper are not unique to clean hydrogen.
Automotive, paper and pulp, and food and beverage are just a few examples of other industries with large energy needs that use heat from natural gas boilers but could eventually switch to industrial electric heat pumps or thermal batteries. There are also emerging technologies that hardly exist yet, like machines that remove carbon from the atmosphere, that could be essential to curbing climate change, but will consume lots of electricity.
If we don’t decarbonize the grid in tandem, these solutions could do more harm than good. But whether or not it should be the responsibility of individual companies to do that is a question that will keep coming up. Unlike Europe, the U.S. has no national renewable energy standard or other policy working in the background, forcing the grid to get greener over time no matter how much electricity demand grows.
Legacy industries are unlikely to switch to electricity voluntarily, let alone build clean power sources while they do it. These shifts will require subsidies that make them profitable or regulations that obligate them. And designing those subsidies and regulations will require making the same call that the Treasury is being asked to make right now.
“In that broader sense, these clean hydrogen rules are a real opportunity,” said Gernot Wagner, a climate economist at Columbia Business School. “It's important to get this right.”
The decision could also have international trade implications. Europe has already finalized its own rules for what constitutes clean hydrogen, and they essentially mirror the three guidelines recommended by the Princeton paper, but phase them in to give companies time to figure out how to comply. A weaker set of rules in the U.S. could tarnish the reputation of U.S. hydrogen in global markets.
“We are going to want to have a single global market,” said Jason Grumet, the CEO of the trade group American Clean Power during a panel on Monday about the tax credit debate. His organization wants the Treasury to adopt similar rules to Europe, but phase them in much more slowly. He argued that some companies would still choose to follow Europe’s timeline in order to have access to that market.
The market in question is not just a market for clean hydrogen, per se. The stuff isn’t an end in itself but a building block for decarbonizing a wide range of other products: clean steel, carbon-free fertilizer, replacements for jet fuel, to name a few.
That won’t just matter for exports to Europe, but business opportunities at home. The Biden administration’s “Buy Clean” initiative requires the government to prioritize buying “low-carbon, made in America construction materials.” But if the foundation of these “clean” products is built on faulty carbon accounting it could undermine the whole program.
“Over time, there will be increasing incentives to use low-carbon materials and products because of policies like Buy Clean,” said Rebecca Dell, senior director of the industry program at the Climateworks Foundation. “But the further down the supply chain you go, the harder it is to enforce regulations on the inputs and processes at the top. So it’s worth getting [the hydrogen tax credit] right on its own merits.”
The tax credit rules could also set off a negative feedback loop within the power sector itself. The Environmental Protection Agency recently proposed new regulations to reduce emissions from power plants, including the option to let them burn a blend of natural gas and hydrogen. But if making hydrogen requires burning a lot of natural gas in the first place, the benefits could cancel out.
A senior spokesperson for the Treasury did not respond to a question about whether the department was considering any of these broader implications in devising the rules, instead replying that it was “engaging with a range of stakeholders, the Department of Energy, and other federal partners” and “focused on providing clarity to businesses as soon as possible and ensuring this incentive advances the goals of increasing energy security and combating climate change.”
Wagner, of Columbia, compared the situation to the federal renewable fuel standard, a subsidy for ethanol that Congress created ostensibly to reduce emissions from transportation. But recent analyses have found the policy has done more harm than good for the climate. Nonetheless, the EPA recently re-upped the policy for three more years. Once a policy is in place, it’s pretty hard to tighten it later, Wagner told me.
“What we are trying to do by getting the rules for clean hydrogen right from the beginning is to avoid a reckoning later.”
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Investing in red states doesn’t make defying Trump any safer.
In the end, it was what the letters didn’t say.
For months — since well before the 2024 election — when asked about the future health and safety of the clean energy tax credits in the Inflation Reduction Act, advocates and industry folks would point to the 20 or so House Republicans (sometimes more, sometimes fewer) who would sign on to public statements urging their colleagues to preserve at least some of the law. Better not to pull out the rug from business investment, they argued. Especially not investment in their districts.
These letters were “reassuring to a lot of folks in clean energy and climate communities,” Chris Moyer, the founder of Echo Communications and a former staffer for longtime Senate Majority Leader Harry Reid, told me.
“I never felt reassured,” Moyer added.
Plenty of people did, though. The home solar company Sunrun, for instance, told investors in a presentation earlier this monththat a “growing number of Republicans in Congress — including 39 overall House members and four Senators — publicly support maintaining energy tax credits through various letters over the past few months.” The company added that “we expect a range of draft proposals to be issued, possibly including draconian scenarios, but we expect any extreme proposals will be moderated as they progress.”
Instead, the draft language got progressively worse for the residential solar industry, with the version that passed the House Thursday morning knocking billions of dollars off the sector, as tax credits were further squeezed to help make room for other priorities that truly posed an existential threat to the bill’s passage.
What Sunrun and others appear to have failed to notice — or at least publicly acknowledge — is that while these representatives wanted to see tax credits preserved, they never specified what they would do if their wishes were disregarded. Unlike the handful of Republicans who threatened to tank the bill over expanding the deduction for state and local taxes (each of whom signed one of the tax credit letters, at some point), or the Freedom Caucus, who tend to vote no on any major fiscal bill that doesn’t contain sizable spending cuts (so, until now, every budget bill), the tax credit Republicans never threatened to kill the bill entirely.
Ultimately, the only Republicans to outright oppose the bill did so because it didn’t cut the deficit enough. All of the House Republicans who signed letters or statements in support of clean energy tax credits voted yes on the legislation, with a single exception: New York’s Andrew Garbarino, who reportedly slept through the roll call. (He later said he would have voted for it had he been awake.)
“The coalition of interests effectively persuaded Republican members that tax credits were driving investment in their districts and states,” Pavan Venkatakrishnan, an infrastructure fellow at the Institute for Progress, told me in a text message. “Where advocates fell short was in convincing them that preserving energy tax credits — especially for mature technologies Republicans often view skeptically — should take precedence over preventing Medicaid cuts or addressing parochial concerns like SALT.”
The Inflation Reduction Act itself was, after all, advanced on a party-line basis, as was Biden’s 2021 American Rescue Plan. Combined, those two bills received a single Democratic no vote and no Republican yes votes.
In the end, Moyer said, Republican House members in the current Congress were under immense political pressure to support what is likely to be the sole major piece of legislation advanced this year by President Trump — one that contained a number of provisions, especially on SALT, that they agreed with.
“There are major consequences for individual house members who vote against the president’s agenda,” Moyer said. “They made a calculation. They knew they were going to take heat either way. They would rather take heat from clean energy folks and people affected by the projects.”
It wasn’t supposed to be this way.
White House officials and outside analysts frequently touted job creation linked to IRA investments in Republican House districts and states as a tangible benefit of the law that would make it politically impossible to overturn, even as Congress and the White House turned over.
“President’s Biden’s policies are leading to more than 330,000 new clean energy jobs already created, more than half of which are in Republican-held districts,” White House communications director Ben LaBolt told reporters last year, previewing a speech President Biden would give on climate change.
Even after Biden had been defeated, White House climate advisor Ali Zaidi told Bloomberg that “we have grown the political consensus around the Inflation Reduction Act through its execution,” citing one of the House Republican letters in support of the clean energy tax credits.
One former Biden White House climate official told me that having projects in Republican districts was thought by the IRA’s crafters to make the bill more politically sustainable — but only so much.
“A [freaking] battery factory is not going to save democracy,” the official told me, referencing more ambitious claims that the tax credits could lead to more Democratic electoral victories. (The official asked to remain anonymous in order not to jeopardize their current professional prospects.) Instead, “it was supposed to make it slightly harder for Republicans to overturn the subsidies.”
Congresspeople worried about jobs weren’t supposed to be the only things that would preserve the bill, either, the official added. Clean energy and energy-dependent sectors, they thought, should be able to effectively advocate for themselves.
To the extent that business interests were able to win a hearing with House Republicans, they were older, more traditionally conservative industries such as nuclear, manufacturing, agriculture, and oil and gas.The biofuels industry (i.e. liquid Big Agriculture) won an extension of its tax credit, 45Z. The oil and gas industry’s favored measure, the 45Q tax credit for carbon sequestration, was minimally fettered. Nuclear power was the one sector whose treatment notably improved between the initial draft from the House’s tax-writing committee and the version voted on Thursday. Advanced nuclear facilities can still claim tax credits if they start construction by 2029, while other clean energy projects have to start construction within 60 days of the bill’s passage and be in service by the end of 2028.
“I think these outcomes are unsurprising. In places where folks consistently engaged, things were protected,” a Republican lobbyist told me, referring to manufacturing, biofuels, and nuclear power, requesting anonymity because they weren’t authorized to speak publicly. “But assuming a project in a district would guarantee a no vote on a large package was always a mistake.”
“The relative success of nuclear is a testament to the importance of having strong champions — predictable but notable show of political might,” a second Republican lobbyist told me, who was also not allowed to speak publicly about the bill.
But all hope isn’t lost yet. The Senate still has to pass something that the House will agree with. Some senators had made noises about how nuclear, hydropower, and geothermal were treated in the initial language.
“Budget reconciliation is, first and foremost, a fiscal exercise,” Venkatakrishnan told me. “Energy tax credits offer a path of least resistance for hitting lawmakers’ fiscal targets. As the Senate takes up this bill, the case must be made that the marginal $100 billion to $200 billion in cuts seriously jeopardizes grid reliability and energy innovation.” Whether that will be enough to generate meaningful opposition in the Senate, however, is the $600 billion question.
A loophole created by the House Ways and Means text disappeared in the final bill.
Early this morning, the House of Representatives launched a full-frontal assault on the residential solar business model. The new language in the budget reconciliation bill to extend the Tax Cuts and Jobs Act passed Thursday included even tighter restrictions on the tech-neutral investment tax credits claimed by businesses like Sunrun when they lease solar systems to residential buyers.
While the earlier language from the Ways and Means committee eliminated the 25D tax credit for those who purchased home solar systems after the end of this year (it was originally supposed to run through 2034), the new language says that no credit “shall be allowed under this section for any investment during the taxable year” (emphasis mine) if the entity claiming the tax credit “rents or leases such property to a third party during such taxable year” and “the lessee would qualify for a credit under section 25D with respect to such property if the lessee owned such property.”
This is how you kill a business model in legislative text.
“Expect shares of solar companies to take a significant step back,” Jefferies analyst Julien Dumoulin-Smith wrote in a note to clients Thursday morning, calling the exclusion “scathing.” Investors are “losing the now false sense of security that we had 'seen the worst' of it with the initial House draft.”
Joseph Osha, an analyst for Guggenheim, agrees. “Considering the fact that ~70% of the residential solar industry is now supported by third-party (e.g. lease or PPA) financing arrangements, the new language is disastrous for the residential solar industry,” he wrote in a note to clients. “We believe the near-term implications are very negative for Sunrun, Enphase, and SolarEdge.”
Shares of Sunrun are down 37.5% in mid-day trading, wiping off almost $1 billion worth of value for its shareholders. The company did not respond to a request for comment. Shares of fellow residential solar inverter and systems Enphase are down 20%, while residential solar technology company SolarEdge’s shares are down 24.5%.
“Families will lose the freedom to control their energy costs,” Abigail Ross Hopper, chief executive of the Solar Energy Industries Association, said in a statement, in reference to the last-minute alteration to the investment tax credit.
When the House Ways and Means Committee released the initial language getting rid of 25D by the end of this year but keeping a limited version of the investment tax credit, analysts noted that Sunrun was an unexpected winner from the bill. It typically markets its solar products as leases or power purchase agreements, not outright sales of the system.
The reversal, Dumoulin-Smith wrote, “comes as a surprise especially considering how favorable the initial markup was” to the Sunrun business model.
“Our core solar service offerings are provided through our lease and power purchase agreements,” the company said in its 2024 annual report. “While customers have the option to purchase a solar energy system outright from us, most of our customers choose to buy solar as a service from us through our Customer Agreements without the significant upfront investment of purchasing a solar energy system.”
The new bill, Dumoulin-Smith writes is “‘leveling the playing field’ by targeting all future residential solar originations, whether leased or owned.” The bill is “negative to Sunrun with intentional targeting of the sector.
Last year, Sunrun generated over $700 million from transferring investment tax credits from its solar and storage projects. The company said that it had $117 million of “incentives revenue” in 2024, which includes the tax credits, out of around $1.4 billion in total revenue.
But the tax credits play a far larger role in the business than just how they’re recognized on the company’s earnings statements. The company raises investment funds to help finance the projects, where investors get payments from customers as well as monetized tax credits. Fund investors “can receive attractive after-tax returns from our investment funds due to their ability to utilize Commercial ITCs,” the company said in its report. Conversely, the financing “enables us to offer attractive pricing to our customers for the energy generated by the solar energy system on their homes.”
Morgan Stanley analyst Andrew Perocco wrote to clients that “this is a noteworthy change for the residential solar industry, and Sunrun in particular, which dominates the residential solar [third-party owned] market and has recognized ITC credits under 48E.”
Current conditions: A late-season nor’easter could bring minor flooding to the Boston area• It’s clear and sunny today in Erbil, Iraq, where the country’s first entirely off-grid, solar-powered village is now operating • Thursday will finally bring a break from severe storms in the U.S., which has seen 280 tornadoes more than the historical average this year.
1. House GOP passes reconciliation bill after late-night tweaks to clean energy tax credits
The House passed the sweeping “big, beautiful” tax bill early Thursday morning in a 215-214 vote, mostly along party lines. Republican Representatives Thomas Massie of Kentucky and Warren Davidson of Ohio voted no, while House Freedom Caucus Chair Andy Harris of Maryland voted “present;” two additional Republicans didn’t vote.
The bill will effectively kill the Inflation Reduction Act, as my colleague Emily Pontecorvo has written — although the Wednesday night manager’s amendment included some tweaks to how, exactly, as well as a few concessions to moderates. Updates include:
The bill now heads to the Senate — where more negotiations will almost certainly follow — with Republicans aiming to have it on President Trump’s desk by July 4.
2. FEMA cancels 4-year strategic plan, axing focus on ‘climate resilience’
The combative new acting administrator of the Federal Emergency Management Agency, David Richardson, rescinded the organization’s four-year strategic plan on Wednesday, per Wired. Though the document, which was set to expire at the end of 2026, does not address specific procedures for given disasters, it does lay out goals and objectives for the agency, including “lead whole of community in climate resilience” and “install equality as a foundation of emergency management.” In axing the strategic plan, Richardson told staff that the document “contains goals and objectives that bear no connection to FEMA accomplishing its mission.”
A FEMA employee who spoke with Wired stressed that while rescinding the plan does not have immediate operational impacts, it can still have “big downstream effects.” Another characterized the move by the administration as symbolic: “There are very real changes that have been made that touch on [equity and climate change] that are more important than the document itself.”
3. Energy Department redirects Puerto Rican rooftop solar investment to upkeep of fossil fuel plants
The U.S. federal government is redirecting a $365 million investment in rooftop solar power in Puerto Rico to instead maintain the island’s fossil fuel-powered grid, the Department of Energy announced Wednesday. The award, which dates to the Biden administration, was intended to provide stable power to Puerto Ricans, who have become accustomed to blackouts due to damaged and outdated infrastructure. The Puerto Rico Electric Power Authority declared bankruptcy in 2017, and a barrage of major hurricanes — most notably 2017’s Hurricane Maria — have destabilized the island’s grid, Reuters reports.
In Energy Secretary Chris Wright’s statement, he said the funds will go toward “dispatching baseload generation units, supporting vegetation control to protect transmission lines, and upgrading aging infrastructure.” But Javier Rúa Jovet, a public policy director for Puerto Rico’s Solar and Energy Storage Association, added to The Associated Press that “There is nothing faster and better than solar batteries.”
4. EDF, Shell, and others to collaborate on hydrogen emission tracker
The Environmental Defense Fund announced Wednesday that it is launching an international research initiative to track hydrogen emissions from North American and European facilities, in partnership with Shell, TotalEnergies, Air Products, and Air Liquide, as well as other academic and technology partners. Hydrogen is an indirect greenhouse gas that, through chemical reactions, can affect the lifetime and abundances of planet-warming gases like methane and ozone. Despite being a “leak-prone gas,” hydrogen emissions have been poorly studied.
“As hydrogen becomes an increasingly important part of the energy system, developing a robust, data-driven understanding of its emissions is essential to supporting informed decisions and guiding future investments in the sector,” Steven Hamburg, the chief scientist and senior vice president of EDF, said in a statement. Notably, EDF took a similar approach to tracking methane over a decade ago and ultimately exposed that emissions were “a far greater threat” than official government estimates suggested.
5. The best-selling SUV in America will now be available only as a hybrid
Toyota
The bestselling SUV in America, the Toyota RAV4, will be available only as a hybrid beginning with the 2026 model, Car and Driver reports. The car will be available both as a conventional hybrid and as a plug-in that works with CCS-compatible DC fast chargers, meaning “owners can quickly fill up its battery during long road trips” to minimize their fossil fuel mileage, The Verge adds. The RAV4 will also beat the Prius for electric range, hitting up to 50 miles before its gas engine kicks in.
Toyota’s move might not come as a complete surprise given that the automaker already introduced a hybrid-only lineup for its Camry. But given the popularity of the RAV4, Car and Driver notes that “if you ever wondered whether or not hybrids have entered the mainstream yet, perhaps this could be a tipping point.”
Nathan Hurner/USFWS
The Fish Lake Valley tui chub, a small minnow threatened by farming and mining activity, could become the first species to be listed as endangered under the second Trump administration.