Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Energy

Treasury Guidance for Wind and Solar Tax Credits Could Have Been So Much Worse

Renewables developers may yet be able to start construction before the One Big Beautiful Bill deadlines hit.

Donald Trump.
Heatmap Illustration/Getty Images

The Trump administration issued new rules for the wind and solar tax credits on Friday, closing the loop on a question that has been giving developers anxiety since the One Big Beautiful Bill Act passed in early July.

For decades, developers have been able to lock in tax credit eligibility by establishing that they have officially started construction on a project in one of two ways. They could complete “physical work of a significant nature,” such as excavating the project site or installing foundational equipment, or they could simply spend 5% of the total project budget, for instance by purchasing key components and putting them in a warehouse. After that, they had at least four years to start shipping power to the grid before stricter work requirements kicked in.

Shortly after signing the OBBBA, however, Trump issued an executive order directing the Treasury Department to revise its definition of the “beginning of construction” of a wind or solar project. Under the new law, this definition can make or break a project. OBBBA established new deadlines for wind and solar development, allowing projects that start construction before the end of this year to qualify for the tax credits as they currently stand. But projects that start construction between January 1 and July 4 of 2026 will have to follow stringent new rules limiting the use of materials with ties to China in order to qualify.

The start construction date also affects how long a developer has to complete a project and still qualify for credits. Projects that start before July 4 of next year have at least four years, while those that start after must meet an impossibly short timeline of being up and running in just a year and a half, by the end of 2027.

Some worried the new guidance would narrow that four year timeframe or affect project eligibility retroactively. Neither happened. The only major change the Treasury department made to the existing guidance was to get rid of the 5% safe harbor provision. While this is not nothing, and will certainly disqualify some projects that might otherwise have been able to claim the credits, it is nowhere near as calamitous for renewables as it could have been.

Projects can still establish they have started construction by completing “physical work of a significant nature,” and the definition of physical work still includes off-site work, such as the manufacturing of equipment. That means it’s still possible for a company to simply place an order for a custom piece of equipment, like a transformer, to establish their start date — as long as they have a binding contract in place and can demonstrate that the physical production of the equipment is underway.

The new guidance also contains a carve-out that allows solar projects that are less than 1.5 megawatts to use the 5% rule, which will help rooftop solar and smaller community-scale installations.

Trump’s executive order came after a reported deal he made with House Freedom Caucus Republicans who wanted to axe the tax credits altogether. The order directed the Treasury to prevent “the artificial acceleration or manipulation of eligibility” and restrict “the use of broad safe harbors unless a substantial portion of a subject facility has been built.”

Treasury’s relative restraint, then, comes as something of a relief. “It’s not good, it’s not helpful, but from my perspective, the guidance could have been a lot worse,” David Burton, a partner at Norton Rose Fulbright who specializes in energy tax credits, told me. “Utility-scale solar and wind developers should be able to plan around this and not be that harmed.”

That doesn’t mean clean energy groups are happy about the changes, though. “At a time when we need energy abundance, these rules create new federal red tape,” Heather O’Neill, president and CEO of the industry group Advanced Energy United, said in a statement. “These rules will make it more difficult and expensive to build and finance critical energy projects in the U.S.”

The changes don’t go into effect until September 2, so for the next two weeks, all projects can still utilize the 5% safe harbor.

Even though the rules are not the death-blow for projects that some anticipated, there’s still one big unknown that could squeeze development further: The Treasury department has yet to put out guidance related to the new foreign sourcing rules created by the OBBB. One of the big fears there is that companies will have to prove their lack of ties to China so far up their supply chains that compliance becomes impossible.

We probably won’t be left wondering for long, though. Trump’s executive order asked for those rules within 45 days, putting the due date on Monday.

Yellow

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
AM Briefing

A Broken Streak

On Tesla’s solar factory, Bolivia’s protests, and China’s hydrogen motorcycle

Doug Burgum.
Heatmap Illustration/Getty Images

Current conditions: The East Coast heat wave is exposing more than 80 million Americans to temperatures near or above 90 degrees Fahrenheit through at least the end of today, putting grid operators who run PJM Interconnection and the New York electrical systems on high alert • Thunderstorms are drenching the United States’ southernmost capital city, Pago Pago, American Samoa, and driving temperatures up near 90 degrees • Some 3,600 miles north in the Pacific, Guam’s capital city of Hagåtña is in the midst of a week of even worse lightning storms.


THE TOP FIVE

1. U.S. clean investments decline for second quarter in a row

American investment in low-carbon energy and transportation has fallen for a second consecutive quarter, ending an unbroken growth trend stretching back to 2019. In the first three months of 2026, total investment in those green sectors reached $61 billion, according to a Rhodium Group analysis published this morning. That’s a 3% drop from the previous quarter — and a 9% decline from the first three months of 2025. Contrary to the Trump administration’s claims to be overseeing a resounding revival of U.S. manufacturing, investments in clean technologies fell for a sixth consecutive quarter to $8 billion, down a whopping 34% from the first quarter of 2025. With federal tax credits for electric vehicles eliminated, investments into battery manufacturing plunged 47% year over year. At the state level, there’s been some progress. Virginia, Colorado, New Mexico, Oklahoma, Michigan, and New York all recorded their largest year-over-year increases over the past four quarters as clean electricity investments at least doubled in each state. “Wind was the primary driver in Virginia, New Mexico, New York, and Colorado; and solar in Michigan and Oklahoma,” the report noted. Sales of electric vehicles, at least on a worldwide level, are also gaining momentum: the International Energy Agency released a report this morning that forecast 30% of global new car sales will be battery electric this year.

Keep reading...Show less
Blue
Energy

Span Is Building a New Kind of Electric Utility

The maker of smart panels is tapping into unused grid capacity to help power the AI boom.

A SPAN device.
Heatmap Illustration/Getty Images, SPAN

The race for artificial intelligence is a race for electricity. Data centers are scrambling to find enough power to run their servers, and when they do, they often face long waits while utilities upgrade the grid to accommodate the added demand.

In the eyes of Arch Rao, the CEO and founder of the smart electrical panel company Span, however, there is a glut of electricity waiting to be exploited. That’s because the electric grid is already oversized, designed to satisfy spikes in demand that occur for just a few hours each year. By shifting when and where different users consume power, it’s possible to squeeze far more juice out of the existing system, faster, and for a lot less money, than it takes to make it bigger.

Keep reading...Show less
Yellow
Electric Vehicles

How Toyota Became an EV Winner

After years of dithering, the world’s biggest automaker is finally in the game.

Toyota EVs.
Heatmap Illustration/Toyota, Getty Images

The hottest contest in the electric car industry right now may be the race for third place.

Thanks to Tesla’s longtime supremacy (at least in this country), its two mainstays — the Model Y and Model 3 — sit comfortably atop the monthly list of best-selling EVs. Movement in the No. 3 spot, then, has become a signal for success from the automakers attempting to go electric. The original Chevy Bolt once occupied this position thanks to its band of diehard fans. Last year, the brand’s affordable Equinox EV grabbed third. And then, earlier this year, an unexpected car took over that spot on the leaderboard: the Toyota bZ.

Keep reading...Show less
Blue