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New guidance on the Inflation Reduction Act’s “foreign entities of concern” provision didn’t do much to clarify things.
If you’re in the market for a new car and considering cashing in on the $7,500 federal tax credit for an electric vehicle, I have good news. Also bad news.
The good news is, starting January 1, the credit will be a lot easier to claim. You won’t need to meet a certain level of tax liability to qualify or wait for your tax refund. You can transfer the credit to the dealership and take $7,500 off the sticker price right then and there.
The bad news is that suddenly, nobody knows which — if any — EVs will qualify. On Friday, the Biden administration proposed additional guidelines limiting where the components in eligible EVs are allowed to come from. Those guidelines won’t be finalized until early next year. But all signs indicate that the list of qualifying vehicles is set to shrink.
These changes aren’t coming out of nowhere — they’re part of the way the EV tax credit in the Inflation Reduction Act was designed. Over time, the law phases in additional rules that ask more of automakers in terms of onshoring their production and supply chains and minimizing their reliance on China. Beginning in 2024, if a vehicle contains any battery components that were manufactured or assembled by what’s known as a “foreign entity of concern,” it will no longer meet the requirements for the tax credit. Beginning in 2025, the same rule applies to vehicles containing critical minerals that were extracted or processed by a foreign entity of concern.
What, exactly, is a foreign entity of concern? Under U.S. law, the term applies to a company that is “owned by, controlled by, or subject to the jurisdiction or direction of” North Korea, Russia, Iran, or, yes, China. But what constitutes ownership or control is somewhat fuzzy.
“The implications are enormous because right now, it seems as if every battery that's going into an electric vehicle has some material ties to China,” Jay Turner, a professor of environmental studies at Wellesley College and author of a book on the history of batteries, told me.
In the proposal published Friday, the Biden administration recommended three criteria for interpreting the rule that it hopes will further strengthen American manufacturing of EV components and help diversify supply chains:
1. If the company producing the battery component or mineral is headquartered or incorporated in China, or if the relevant production activities occur in China, the vehicle will not qualify for an IRA tax credit.
2. If China has a 25% or more voting interest, board control, or equity interest in the company producing the component or mineral, the vehicle will not qualify.
3. If a company licenses or contracts with a Chinese firm, and the license entitles the Chinese firm to “exercise effective control” over production, the vehicle will not qualify.
This is a strict interpretation that’s likely to knock some vehicles off the eligibility list. But in a series of meetings with reporters on Wednesday, officials from the Department of the Treasury and Department of Energy said they didn’t know which or how many vehicles would be affected. “Part of the goal here is to put out this rule, and then the auto companies are going to come back to us,” said Wally Adeyomo, Deputy Secretary of the Treasury. “And then we will know which cars qualify.”
Automakers and EV experts have been anxiously awaiting guidance on the IRA’s foreign entities of concern provision. Adeyomo stressed that companies have been aware that these new rules would be coming ever since the law passed and have been making investments to ensure “that their cars would be able to qualify for this over the long term.”
Though it’s hard to fact check that claim, according to an EV supply chain database maintained by Turner and his students, at least 19 battery component factories have been announced in the U.S. and Canada since the passage of the IRA; none are yet operating, but automakers also have the option to buy components from U.S. trade partners. A report on the EV supply chain published by the International Energy Agency in 2022 notes that while China dominates cell component production, controlling 70% of capacity for cathodes and 85% of anodes, Japan and South Korea also had “considerable shares of the supply chain.”
Turner said it was conceivable that there will be models that qualify for the first phase of the rule beginning in January, which only applies to these battery components, but he was skeptical automakers would be able to continue qualifying in 2025, when the limits on critical minerals go into effect. “The further you get up the supply chain, the greater the exposure is to China,” he said. “It's not because China's got all of the critical minerals. It's that China has the processing facilities to turn those minerals into highly refined materials that are needed for the batteries.”
John Podesta, senior advisor to the president on clean energy innovation, said that Biden is “rewriting that story.” Officials pointed to a recent report from the Lawrence Berkeley National Laboratory, which found that the Salton Sea region in California has enough mineable lithium to support more than 375 million batteries for EVs. Turner’s database shows at least a dozen projects planned, rumored, or under construction to process minerals including lithium, cobalt, and graphite.
The guidance also raises questions about a $3.5 billion factory that Ford is building in Michigan to bring the production of safer, cheaper EV batteries to the U.S. The company is licensing technology from the Chinese company CATL, the world’s largest battery manufacturer, to produce batteries made of lithium, iron, and phosphate — which are more abundant than the cobalt and nickel used in the dominant batteries on the market. But the deal has come under scrutiny from House Republicans, who accuse CATL of having business ties to mining companies that use forced labor. Ford put construction on hold in September.
When asked about CATL, Deputy Secretary of Energy David Turk said the agency has not evaluated any individual company’s situation, but that they designed the licensing guidance to ”get at who has effective control in these kinds of situations.“
That could mean Ford is off the hook. Months ago, analysts told The Washington Post that the Chinese company will have little control over the Ford plant’s daily operations. “The way they structured this deal, they are keeping CATL at arm’s length as much as possible,” Sam Abuelsamid, head of e-mobility research at Guidehouse Insights, said.
The Biden administration is attempting to race forward on two sets of goals that are somewhat at odds with each other: speeding adoption of EVs while shifting their production away from China, thereby stimulating domestic industry and creating domestic jobs. When I spoke to Jane Nakano, a senior fellow at the Center for Strategic and International Studies, earlier this week, she said that if the Biden administration went with a strict 25% threshold for ownership, it could really accelerate automakers’ efforts to diversify sourcing away from China. “But that will take some time,” she added. “In the immediate future, many of the companies may simply try to compete without being able to access the consumer tax credit.”
Turner said that the question is not whether automakers can compete with low-cost EVs produced in China, but rather whether they can put out EVs that are cheaper than conventional cars on the market here.
“Once you get to the point that EVs are cheaper and we have a robust enough charging network that people aren't worried about running out of juice, I think that'll be the tipping point,” he said.
I should note that if you’re interested in this purely as a prospective consumer of an EV, the only thing you need to know is that your options to take advantage of the tax credit might be more limited come January. However, there is one weird trick to get around this and have a lot more options: Leasing. None of the rules around sourcing, assembly, or ownership apply to leased vehicles.
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Republicans are taking over some of the most powerful institutions for crafting climate policy on Earth.
When Republicans flipped the Senate, they took the keys to three critical energy and climate-focused committees.
These are among the most powerful institutions for crafting climate policy on Earth. The Senate plays the role of gatekeeper for important legislation, as it requires a supermajority to overcome the filibuster. Hence, it’s both where many promising climate bills from the House go to die, as well as where key administrators such as the heads of the Department of Energy and the Environmental Protection Agency are vetted and confirmed.
We’ll have to wait a bit for the Senate’s new committee chairs to be officially confirmed. But Jeff Navin, co-founder at the climate change-focused government affairs firm Boundary Stone Partners, told me that since selections are usually based on seniority, in many cases it’s already clear which Republicans are poised to lead under Trump and which Democrats will assume second-in-command (known as the ranking member). Here’s what we know so far.
This committee has been famously led by Joe Manchin, the former Democrat, now Independent senator from West Virginia, who will retire at the end of this legislative session. Energy and Natural Resources has a history of bipartisan collaboration and was integral in developing many of the key provisions in the Inflation Reduction Act — and could thus play a key role in dismantling them. Overall, the committee oversees the DOE, the Department of the Interior, the U.S. Forest Service, and the Federal Energy Regulatory Commission, so it’s no small deal that its next chairman will likely be Mike Lee, the ultra-conservative Republican from Utah. That’s assuming that the committee's current ranking member, John Barrasso of Wyoming, wins his bid for Republican Senate whip, which seems very likely.
Lee opposes federal ownership of public lands, setting himself up to butt heads with Martin Heinrich, the Democrat from New Mexico and likely the committee’s next ranking member. Lee has also said that solving climate change is simply a matter of having more babies, as “problems of human imagination are not solved by more laws, they’re solved by more humans.” As Navin told me, “We've had this kind of safe space where so-called quiet climate policy could get done in the margins. And it’s not clear that that's going to continue to exist with the new leadership.”
This committee is currently chaired by Democrat Tom Carper of Delaware, who is retiring after this term. Poised to take over is the Republican’s current ranking member, Shelley Moore Capito of West Virginia. She’s been a strong advocate for continued reliance on coal and natural gas power plants, while also carving out areas of bipartisan consensus on issues such as nuclear energy, carbon capture, and infrastructure projects during her tenure on the committee. The job of the Environment and Public Works committee is in the name: It oversees the EPA, writes key pieces of environmental legislation such as the Clean Air Act and Clean Water Act, and supervises public infrastructure projects such as highways, bridges, and dams.
Navin told me that many believe the new Democratic ranking member will be Sheldon Whitehouse of Rhode Island, although to do so, he would have to step down from his perch at the Senate Budget Committee, where he is currently chair. A tireless advocate of the climate cause, Whitehouse has worked on the Environment and Public Works committee for over 15 years, and lately seems to have had a relatively productive working relationship with Capito.
This subcommittee falls under the broader Senate Appropriations Committee and is responsible for allocating funding for the DOE, various water development projects, and various other agencies such as the Nuclear Regulatory Commission.
California’s Dianne Feinstein used to chair this subcommittee until her death last year, when Democrat Patty Murray of Washington took over. Navin told me that the subcommittee’s next leader will depend on how the game of “musical chairs” in the larger Appropriations Committee shakes out. Depending on their subcommittee preferences, the chair could end up being John Kennedy of Louisiana, outgoing Senate Minority Leader Mitch McConnell of Kentucky, or Lisa Murkowski of Alaska. It’s likewise hard to say who the top Democrat will be.
Inside a wild race sparked by a solar farm in Knox County, Ohio.
The most important climate election you’ve never heard of? Your local county commissioner.
County commissioners are usually the most powerful governing individuals in a county government. As officials closer to community-level planning than, say a sitting senator, commissioners wind up on the frontlines of grassroots opposition to renewables. And increasingly, property owners that may be personally impacted by solar or wind farms in their backyards are gunning for county commissioner positions on explicitly anti-development platforms.
Take the case of newly-elected Ohio county commissioner – and Christian social media lifestyle influencer – Drenda Keesee.
In March, Keesee beat fellow Republican Thom Collier in a primary to become a GOP nominee for a commissioner seat in Knox County, Ohio. Knox, a ruby red area with very few Democratic voters, is one of the hottest battlegrounds in the war over solar energy on prime farmland and one of the riskiest counties in the country for developers, according to Heatmap Pro’s database. But Collier had expressed openness to allowing new solar to be built on a case-by-case basis, while Keesee ran on a platform focused almost exclusively on blocking solar development. Collier ultimately placed third in the primary, behind Keesee and another anti-solar candidate placing second.
Fighting solar is a personal issue for Keesee (pronounced keh-see, like “messy”). She has aggressively fought Frasier Solar – a 120 megawatt solar project in the country proposed by Open Road Renewables – getting involved in organizing against the project and regularly attending state regulator hearings. Filings she submitted to the Ohio Power Siting Board state she owns a property at least somewhat adjacent to the proposed solar farm. Based on the sheer volume of those filings this is clearly her passion project – alongside preaching and comparing gay people to Hitler.
Yesterday I spoke to Collier who told me the Frasier Solar project motivated Keesee’s candidacy. He remembered first encountering her at a community meeting – “she verbally accosted me” – and that she “decided she’d run against me because [the solar farm] was going to be next to her house.” In his view, he lost the race because excitement and money combined to produce high anti-solar turnout in a kind of local government primary that ordinarily has low campaign spending and is quite quiet. Some of that funding and activity has been well documented.
“She did it right: tons of ground troops, people from her church, people she’s close with went door-to-door, and they put out lots of propaganda. She got them stirred up that we were going to take all the farmland and turn it into solar,” he said.
Collier’s takeaway from the race was that local commissioner races are particularly vulnerable to the sorts of disinformation, campaign spending and political attacks we’re used to seeing more often in races for higher offices at the state and federal level.
“Unfortunately it has become this,” he bemoaned, “fueled by people who have little to no knowledge of what we do or how we do it. If you stir up enough stuff and you cry out loud enough and put up enough misinformation, people will start to believe it.”
Races like these are happening elsewhere in Ohio and in other states like Georgia, where opposition to a battery plant mobilized Republican primaries. As the climate world digests the federal election results and tries to work backwards from there, perhaps at least some attention will refocus on local campaigns like these.
And more of the week’s most important conflicts around renewable energy.
1. Madison County, Missouri – A giant battery material recycling plant owned by Critical Mineral Recovery exploded and became engulfed in flames last week, creating a potential Vineyard Wind-level PR headache for energy storage.
2. Benton County, Washington State – Governor Jay Inslee finally got state approvals finished for Scout Clean Energy’s massive Horse Heaven wind farm after a prolonged battle over project siting, cultural heritage management, and bird habitat.
3. Fulton County, Georgia – A large NextEra battery storage facility outside of Atlanta is facing a lawsuit that commingles usual conflicts over building these properties with environmental justice concerns, I’ve learned.
Here’s what else I’m watching…
In Colorado, Weld County commissioners approved part of one of the largest solar projects in the nation proposed by Balanced Rock Power.
In New Mexico, a large solar farm in Sandoval County proposed by a subsidiary of U.S. PCR Investments on land typically used for cattle is facing consternation.
In Pennsylvania, Schuylkill County commissioners are thinking about new solar zoning restrictions.
In Kentucky, Lost City Renewables is still wrestling with local concerns surrounding a 1,300-acre solar farm in rural Muhlenberg County.
In Minnesota, Ranger Power’s Gopher State solar project is starting to go through the public hearing process.
In Texas, Trina Solar – a company media reports have linked to China – announced it sold a large battery plant the day after the election. It was acquired by Norwegian company FREYR.