The bill that passed the House would outright eliminate consumer tax credits for electric vehicles, rooftop solar, and both energy efficiency renovations and new energy-efficient homes. It would also kill the clean hydrogen tax credit at the end of this year and give most zero-carbon power plants, including wind, solar, and geothermal, an end-of-year deadline to start construction, among many other damaging provisions.
To date, at least eight Senate Republicans have spoken out against at least some of these changes, but none of them have tied their vote to the issue. The pressure to stick with your party is “enormous” when your vote is the difference between a bill’s success or failure, Josh Freed, the senior vice president for climate and energy at Third Way, told me. “As we saw in the House, the biggest question is whether any Republican Senator, when push comes to shove, has any willingness to try to stop this bill in order to defend energy tax credits.”
Pay attention to what they say over the next few weeks — and when they say it. It’s one thing to speak out when everything’s still up in the air. It’s quite another to keep talking when votes are on the line.
The Letter Writers
When the budget fight was first heating up in April, four senators led by Lisa Murkowski of Alaska sent a letter to Majority Leader John Thune warning that repealing the tax credits “would create uncertainty, jeopardizing capital allocation, long-term project planning, and job creation in the energy sector and across our broader economy.” The three co-authors were Thom Tillis of North Carolina, Susan Collins of Maine, and Jerry Moran of Kansas.
Last week, after the House modified its proposal to phase out the tax credits more aggressively, Murkowski told Politico the Senate was “obviously going to be looking at” the provisions “as well as the final product, and kind of seeing where we start our conversation.” The moderate Republican has a history of supporting environmental policy, and has already broken with her party on at least one vote this year. In February, she was the only Republican who voted in favor of a Democrat-led effort to reinstate 5,500 federal public lands employees that had been fired by the Department of Government Efficiency. (The legislation failed.) Murkowski has also gone her own way to support more efficient energy codes, loans for electric vehicle manufacturers, and the impeachment of President Trump over the January 6 insurrection. But she did not vote for the Inflation Reduction Act in 2022, and if you look at her overall voting record, these occasions of deviating from the party line have been rare.
Tillis, who is a member of the Finance Committee and will therefore be directly involved in writing the tax credit portion of the bill, has made more specific comments. He said he would push to wind down the tax credits more slowly to give businesses more time to prepare. “We have a lot of work that we need to do on the timeline and scope of the production and investment tax credits,” he told Politico in the same article.
While Tillis does not have the same kind of track record as Murkowski, he’s up for re-election next year, and his state has a lot to lose. Some 34 clean energy projects worth $20 billion in investment and tied to more than 17,000 jobs came to North Carolina because of the tax credits, according to the advocacy group Climate Power. Toyota invested in an EV battery manufacturing plant and just started production last month. Several EV charger manufacturers are setting up shop in the state. Siemens Energy is building a factory to make large power transformers, equipment that is essential to expanding the grid and is currently in very tight supply.
Susan Collins is also running again next year. While the Inflation Reduction Act hasn’t spurred much manufacturing in Maine, it has driven a clean energy boom. The Maine Climate Labor Council, a coalition of unions, estimates there are 145 utility-scale clean energy projects that are either operating or in development that could be eligible for the tax credits. The state has also made a big energy efficiency push in recent years, with the tax credits supporting the expansion of efficiency jobs.
Although Collins did not ultimately vote for the Inflation Reduction Act, she was the only Republican to vote against an amendment proposed by Senator Mike Lee of Utah that would have cut funding for the law’s energy efficiency rebate programs.
The Come-Latelies
When it became clear that the House was considering changes that would effectively repeal the clean energy tax credits in the IRA, Senators Kevin Cramer and John Hoeven of North Dakota, and Shelley Moore Capito of West Virginia chimed in to voice their concerns. Cramer criticized new deadlines the House proposed for ending the tax credits, telling Politico that “it’s too short for truly new technologies. We’ll have to change that. I don’t think it’s fair to treat an emerging technology the same as a 30-year-old technology.”
After the bill passed the House, Jon Husted of Ohio decided it was time to speak up. “You have companies that have already made investments, made commitments,” he told the outlet NOTUS. “Supply chains have been built around them, and we need to phase that out more slowly. I think that they deserve to have at least five years of that credit.” Like Tillis, Husted has an election coming up — and 35 clean energy projects in his state to protect.
The Wild Cards
The D.C. insiders I spoke to mentioned a few other powerful senators who could play a role in the debate who’ve been mum on the IRA so far. Thune, of South Dakota, has a history of being friendly toward tax credits for wind energy, and was honored by the American Council on Renewable Energy for his support for renewable energy in 2019. Lindsey Graham, chair of the Budget Committee, has also long been a sometimes-ally for climate action in the Senate. His home state of South Carolina has been one of the biggest beneficiaries of the tax credits, with some 43 projects and 22,000 jobs at risk.
Then there are the potential spoilers. Republicans can only afford to lose three votes on the bill in order to send it back to the House and ultimately to the President’s desk, and the party has already split into a number of factions looking for various tweaks. Some, like Josh Hawley of Missouri, oppose the legislation’s deep cuts to Medicaid. Meanwhile, fiscal conservatives like Ron Johnson of Wisconsin have said they will push to reduce spending even more.
In the House, defenders of the tax credits ultimately cared more about raising the limit on the state and local tax deduction than fighting for clean energy subsidies. We could see a similar dynamic play out in the Senate, where Murkowski and Collins have also expressed concern about cuts to Medicaid. The Senate also can’t afford to change the bill so much that it will lose support in the House, so any changes will have to be surgical. The calculation will be, “What is the smallest thing that the authors of the bill can give these folks to fall back into line so that it is relatively easy to both pass the Senate and then get back through the House?” Freed explained.
Cramer, for his part, is not coming to the rescue for wind and solar, but he may be able to revive support for other forms of clean energy. The North Dakota Senator wrote a letter to Republican leaders in early May railing against the “indefinite entitlement” given to energy sources that depend on the wind and sun, and arguing that the tax credits should prioritize electricity generators on the basis of “reliability,” so as to encourage “geothermal, hydropower, coal and natural gas with carbon capture, and nuclear without excluding wind and solar.”
Capito has barely made a fuss about the energy credits, but she and Cramer will be the ones to watch to see how the Senate deals with the bill’s provision to repeal the Environmental Protection Agency’s greenhouse gas limits for vehicles, as both sit on the Environment and Public Works Committee, of which Capito is the chair. The repeal may not be allowed under the Senate’s rules for budget reconciliation, as it doesn’t have a direct effect on the federal budget. The Senate Parliamentarian hasn’t yet weighed in, but a negative ruling did not stop the two Republicans from leading the fight to revoke waivers granted to California that allowed it to set pollution limits on cars and trucks.
In the end, if any of these Senators wants to take a stand for big changes to the tax credits, they are going to need at least three colleagues to stick it out with them. A more likely outcome, Freed told me, is for them to attempt some smaller adjustments.
“Hopefully they can make it better, but they’re also under enormous pressure to not deviate too significantly from what the House wrote,” he said. “We just need to go in clear-eyed that it's going to be difficult.”
Courtesy of Mission Zero
Courtesy of Mission Zero
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