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It’s not early phase-out. These 3 changes could overhaul the law’s clean electricity supports.

On Monday, the Republican-led House Ways and Means Committee released the first draft of its rewrite of America’s clean energy tax credits.
The proposal might look, at first, like a cautious paring back of the tax credits. But the proposal amounts to a backdoor repeal of the policies, according to energy system and tax analysts.
“The bill is written to come across as reasonable, but the devil is in the details,” Robbie Orvis, a senior analyst at Energy Innovation, a nonpartisan energy and climate think tank, told me. “It may not be literally the worst text we envisioned seeing, but it’s probably close.”
The proposal would strangle new energy development so quickly that it could raise power costs by as much as 7% over the next decade, according to the Rhodium Group, an energy and policy analysis firm.
Senate Republicans have already indicated that the proposal is unworkable. But to understand why, it’s worth diving into the specific requirements that render the proposal so destructive.
The clean energy tax credits are one of the centerpieces of American energy policy. They’re meant to spur companies to deploy new forms of energy technology, such as nuclear fusion or advanced geothermal wells, and simultaneously to cut carbon pollution from the American power grid.
The U.S. government has long used the tax code to encourage the build-out of wind turbines or solar panels. But when Democrats passed the Inflation Reduction Act in 2022, they rewrote a pair of key tax credits so that any technology that generates clean electricity would receive financial support.
Under the law as enacted, these clean electricity tax credits provide 10 years of support to any electricity project — no matter how it generates power — for the foreseeable future. But the new Republican proposal would begin phasing down the value of the credit starting in 2029, and end the program entirely in 2032.
That might sound like a slow and even reasonable phase-out. But a series of smaller changes to the law’s text introduce significant uncertainty about which projects would continue to qualify for the tax credit in the interim. Taken together, these new requirements would kill most, if not all, of the tax credits’ value.
Here are three reasons why the Republican proposal would prove so devastating to the American clean electricity industry.
The new Ways and Means proposal begins to phase out the clean energy tax credits immediately. The proposal cuts the value of the tax credit by 20% per year starting in 2029, and ends the credit entirely in 2032.
But the GOP proposal changes a key phrase that helps financiers invest confidently in a given project.
Under the law as it stands today, developers can’t claim a tax credit until a project is “placed in service” — meaning that it is generating electricity and selling it to the grid. But a project qualifies for a tax credit in the year that construction on that project begins.
For example, imagine a utility that begins building a new geothermal power plant this year, but doesn’t finish construction and connect it to the grid until 2029. Under current law, that company could qualify for the value of the credit as it stands today, but it wouldn’t begin to get money back on its taxes until 2029.
But the GOP proposal would change this language. Under the House Republican text, projects only qualify for a tax credit when they are “placed in service,” regardless of when construction begins. This means that the new geothermal power plant in the earlier example could only get tax credits as set at the 2029 value — regardless of when construction begins.
What’s more, if work on the project were delayed, say by a natural disaster or unexpected equipment shortage, and the power plant’s completion date was pushed into the following year, then the project would only qualify for credits as set at the 2030 value.
In other words, companies and utilities would have no certainty about a tax credit’s value until a project is completed and placed in service. Any postponement or slowdown at any part of the process — even if for a reason totally outside of a developer’s control — could reduce a tax credit’s value.
This makes the tax credits far less dependable than they are today. Generally, companies have more ability to plan around when construction on a power plant begins than they do over when it is placed in service.
This change will significantly raise financing costs for new energy projects of all types because it means that companies won’t be able to finalize their capital stack until a project is completed and turned on. The most complicated and adventurous projects — such as new geothermal, nuclear, or fusion power plants — could face the highest cost inflation.
The Inflation Reduction Act as it stands today attaches a “foreign entity of concern” rule to its $7,500 tax credit for electric vehicle buyers.
In order to qualify for that EV tax credit, automakers had to cut the percentage of Chinese-processed minerals and battery components that appear in their electric models every year. This phased in gradually over time — the idea being that while China dominates the EV and battery supply chain today, the requirement would provide a consistent spur to reshore production.
Somewhat ironically, the GOP proposal ditches the EV tax credit and its accompanying foreign sourcing rules. But it applies a strict version of the foreign entity of concern rule to every other tax credit in the law, including the clean electricity tax credits.
Under the House proposal, no project can qualify for the tax credits unless it receives no “material support” from a Chinese-linked entity. The language defines “material support” aggressively and expansively — it means any “any component, subcomponent, or applicable critical mineral” that is “extracted, processed, recycled, manufactured, or assembled.”
This provision, in other words, would essentially disqualify the use of any Chinese-made part, subcomponent, or metal in the construction of a clean electricity project, although the rule includes a partial and narrow carve-out for some components that are bought from a third-party. Even a mistakenly Chinese-sourced bolt could result in a project losing millions of dollars of tax credits.
Technically, the law also disqualifies the use of goods from other “foreign entities of concern” as defined under U.S. law, which include Russia, Iran, and North Korea. But China is the United States’ third largest trading partner, and it is the only manufacturer of the type of goods that matter to the law.
Solar projects would face immediate challenges under the new rule. China and its domestic companies command more than 80% of the market share for all stages of the solar panel manufacturing process, according to the International Energy Agency.
But then again, the proposal would be an issue for virtually all energy projects. Copper wiring, steel frames, grams of key metals — even geothermal plants rely on individual Chinese-made industrial components, according to Seaver Wang, an analyst at the Breakthrough Institute. These parts also intermingle on the global market, meaning that companies can’t be certain where a given part was made or where it comes from.
These new and stricter rules would kick in two years after the reconciliation bill passes, which likely means 2027.
This provision by itself would be unworkable. But it is made even worse by being coupled to the tax credit’s change to a “placed in service” standard. That’s because projects that are already under construction today might not meet these new foreign entity rules, essentially stripping them of tax credits that companies had already been banking on.
These projects have assumed that they will qualify for the tax credits’ full value, no matter when their power plant is completed, because they have already begun construction. But the GOP proposal would change this retroactively, possibly threatening the financial viability of energy projects that grid managers have been assuming will come online in the next few years.
In some ways, these two changes taken together are “worse than repeal,” Mike O’Boyle, an Energy Innovation analyst, told me. “A number of projects under construction now will lose eligibility."
It is also made worse by the House GOP plan to phase out the tax credits. If companies could plan on the tax credits remaining on the books long-term then the foreign entity rules might spur the creation of a larger domestic — or at least non-Chinese — supply chain for some clean energy inputs. But because the credits will phase out by 2032 regardless, fewer projects will qualify, and it won’t be worth it for companies to invest in alternative supply chains.
Finally, the House Republican proposal would end companies’ ability to sell the value of tax credits to other firms. The IRA had made it easier for utilities and developers to transfer the value of tax credits to other companies — essentially allowing companies with a lot of tax liability, such as banks, to acquire the rights to renewable developers’ credits.
The GOP proposal ends that right for every tax credit, even those that Republicans have historically looked on more favorably, such as the tax credit that rewards companies for capturing carbon dioxide from the atmosphere.
This change — coupled with the foreign entity and placed-in-service rules — will have an impact today on power markets by further gumming up the pipeline of new energy projects planned across the country, according to Advait Arun, an analyst at the Center for Public Enterprise.
The end to transferability “functionally imposes higher marginal tax rates on all of these projects,” Arun told me. “The prices that developers will get for their tax credits on the tax equity market today will be a lot lower than normal.”
That could significantly raise the cost of any new energy projects that get planned. And that will lead in the medium term to a further slowdown in the growth of electricity supply, just as turbine shortages have made it more difficult than ever to build a new natural gas power plant.
While many of these changes may seem academic, they will hit energy consumers faster than legislators might realize. Natural gas prices in the U.S. have been unusually high in 2025. A slowdown in the growth of non-fossil energy will further stress natural gas supplies, raising power prices.
Taken together, Orvis told me, these changes to the IRA “will increase the price of the vast majority of new capacity coming online next year,” Orvis said. “It’s an immediate price hike for new energy, and you can’t replace that with new gas.”
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Two new reports out this week create a seemingly contradictory portrait of the country’s energy transition progress.
Two clean energy reports out this week offer seemingly contradictory snapshots of domestic solar and battery manufacturing. One, released Wednesday by the Rhodium Group’s Clean Investment Monitor, shows a distinct decline in investment going into U.S. factories to make more of these technologies. The other, released today by the trade group American Clean Power Association, shows staggering recent growth in production capacity.
So which is it? Is U.S. clean energy manufacturing booming or busting?
Maybe both.
The U.S. is suddenly producing more solar and batteries than ever before — enough to meet current domestic demand — so it makes sense that investment in new factories is starting to slow. At the same time, there’s a lot of room for growth in producing the upstream components that go into these technologies, but the U.S. is no longer as attractive a place to set up shop as it was over the past four years.
The U.S. saw 30 new utility-scale solar factories and 30 new battery factories come online last year alone, according to ACP. The country now has the capacity to meet average domestic demand for storage systems through 2030, and can produce enough solar panels to satisfy demand two times over.
In both industries, nearly all of that capacity has been added since 2022, when the Inflation Reduction Act created new subsidies for domestic manufacturing. The advanced manufacturing production tax credit incentivized not just solar and battery factories, but also all the production of components that go into these technologies, including solar and battery cells, polysilicon, wafers, and anodes. On top of these direct subsidies, the IRA generated demand for U.S.-made products by granting bonus tax credits for utility-scale solar and battery projects built with domestically produced parts.
“The policy definitely laid the right foundation for a lot of this investment to take place,” John Hensley, ACP’s senior vice president of markets and policy analysis, told me.
Trump’s One Big Beautiful Bill Act has changed the environment, however. The utility-scale wind and solar tax credits were supposed to apply through at least 2033, but now projects have to start construction by July 4, 2026 — just over a month from now — in order to claim them. Any of those projects that got started this year will also have to adhere to complex new sourcing rules prohibiting Chinese-made materials.
Now, dollars flowing into new U.S. solar factories appears to be on the decline. Investment fell 22% between the fourth quarter of last year and the first of 2026. Battery manufacturing investment dropped by 16%.
The reason investment is declining is not entirely because of OBBBA — it’s partly a function of the fact that a lot of the projects announced immediately after the IRA passed are entering operations, Hannah Hess, director of climate and energy at the Rhodium Group, told me.
Rhodium’s Clean Investment Monitor tracks two metrics, announcements and investment. Announcements are when a company says it’s building a new factory or expanding an existing one, usually with some kind of projected cost. Investments are an estimate of the actual dollars spent during a given quarter on facility construction, calculated based on the total project budget and the expected amount of time it will take to complete after breaking ground.
According to Rhodium’s data, the peak period for new solar manufacturing project announcements was the second half of 2022 through the first quarter of 2025. During that time, announcements averaged more than $2 billion per quarter. New solar factories announced this past quarter, by contrast, fell to about $350 million.
Since it can take a while to get steel in the ground, the peak period for investment was slightly later, with $13.5 billion invested between the second quarter of 2023 and the third quarter of 2025.
“What we were seeing in that post-IRA period was huge, almost unconstrained growth in that sector, and that’s not happening anymore,” Hess said.
Most of this growth occurred all the way downstream, at the final product assembly level — i.e. factories making solar and battery modules that still had to import many of the components that went into them. This was the “lowest hanging fruit” to bring to the U.S., Hensley, of ACP, told me, as the final assembly is the least technologically challenging part of the supply chain.
“These supply chains have momentum as they get going,” he said, “so as you establish those far downstream component manufacturing, you start to recruit all of the upstream manufacturing.” In other words, a solar cell manufacturer is far more likely to build in the U.S. if there’s a robust local market of module factories to buy the cells.
There’s evidence that’s still happening in spite of changes to the tax credit structure. The ACP report says that three solar cell factories came online between 2024 and today — one per year. If all of the additional factories that have been announced are built by 2030, the U.S. will have nearly enough capacity to meet all of its own demand for solar with domestic cells. Battery cell capacity is growing even faster, with three factories as of the end of 2025 and seven more expected to be complete by the end of this year, which will produce more than enough units to meet average annual demand.
It’s the next step up on the supply chain that spells trouble. For solar, that’s ingots and wafers, followed by polysilicon. Today, the only producer of ingots and wafers in the U.S. is a company called Corning. It produces enough to meet about 25% of current domestic solar cell production, but cell production will more than quadruple by the end of this year compared to last year, according to ACP. Similarly, we produce enough polysilicon to meet Corning’s current needs, but not enough to meet anticipated cell demand. The announced projects in the pipeline will not add much on either front.
For batteries, it’s the anodes and cathodes. There’s currently one factory in California producing cathodes and at least one more under construction, but as there is nothing else in the pipeline, the ACP report expects cell manufacturers to rely on imported cathodes for the foreseeable future. Anodes are the one bright spot — there’s one factory producing what’s known as active anode material factory in the U.S., and four more anticipated by the end of this year. Together, they have the potential to meet demand by 2028, according to ACP.
The question now is whether that snowball effect kicked off by the IRA will continue. “A lot has changed about the outlook for future demand after the One Big Beautiful Bill Act passed,” Hess said. “We have seen some more project cancellations and pauses in construction recently.”
Most recently, a company called Maxeon Solar Technologies canceled a $1 billion cell and module factory in New Mexico. The company had been “fighting for its life” since 2024, according to Canary Media. It’s also majority owned by a Chinese state-owned company. The
OBBBA was likely the nail in the coffin, as it penalizes solar developers who source panels from companies with Chinese ownership.
OBBBA also shortened the timeline for the wind and solar tax credits, while the Trump administration’s hostility to wind and solar permitting has made it more difficult for projects to get built before the credits expire. Hensley said the Trump administration’s hostility toward clean energy has added a lot of risk into the system, complicating final investment decisions for manufacturers.
On the flip side, tariffs have the potential to help some domestic producers. Duties on imports from countries such as Cambodia, India, and Vietnam, all major manufacturers of solar panels, “have made their exports to the U.S. almost prohibitive,” Lara Hayim, the head of solar research at BloombergNEF, told me in an email. “This sort of policy framework could continue to provide some protection for domestic manufacturers,” she said, but there are still plenty of countries with low enough tariffs that they will continue to serve the U.S. and compete with domestic manufacturers.
Hensley said that the Trump administration’s tariffs were a double edged sword. They can help domestic manufacturers, but not if they make all of the inputs into the product more expensive.
“That’s a problem with these blanket type of tariffs that aren’t really fine-tuned to target the behavior that you’d like to see,” he told me. “I think we’re seeing a lot of that push and pull and tension in the system at the moment.”
Between Trump’s tariffs and the OBBBA, there’s no doubt that the manufacturing boom sparked by the IRA is slowing. But Hensley is optimistic that the progress will continue. “We haven’t attracted all of the supply chain yet. It’s still a work in progress, but so far the signs are quite good.”
This week’s conversation is with Duncan Campbell of DER Task Force and it’s about a big question: What makes a socially responsible data center? Campbell’s expansive background and recent focus on this issue made me take note when he recently asked that question on X. Instead of popping up in his replies, I asked him to join me here in The Fight. So shall we get started?
Oh, as always, the following conversation was lightly edited for clarity.
Alright let’s start with the big question: What is a socially responsible data center?
So first, there’s water, which I think is pretty solvable.
Part of me thinks water is not even the right thing to be focusing on necessarily, and it’s surprising that it became at least for a while the center of the controversy around data centers.
I think there’s energy, which is mostly a don’t-raise-people’s-bills kind of thing. Or in extreme cases, actually reducing people’s access to energy.”
I think air pollution is another key. This is one of the biggest own-goals our [climate] space is making, because people are installing behind-the-meter power and we can talk about why they’re doing that, the shifting reasons, but the real shame in it is you really shouldn’t have to run those 24/7. If you’re building your own power plant, it should enable you to get a grid connection, because you’re bringing your own capacity and they can provide you firm service, and you should only have to run that gas plant 1% of the year, so air pollution is a non-issue. If only the grid and its institutions could get their act together, this is a no-brainer. But instead people run them 24/7.
There’s noise, which has been very misunderstood and bungled on a handful of well-known projects. That’s just a do-good engineering and site layout type of problem.
And then there’s other. Beyond the very concrete impacts of a data center, what else can it do for the community it's siting itself in? That’s going to be specific for every community.
There’s going to be a perspective that data centers are takers. They get tax incentives. They’re this big new thing. If data centers were to bring something compelling when [they’re] siting in communities, and it is specific to whatever they’re dealing with, maybe they’d be considered socially responsible.
I don’t think I have the master answer here. Everyone’s trying to figure it out.”
What do you hear from other folks in decarb and climate spaces when you ask this question? Do you hear people come up with solutions, or do they knock down the entire premise of the question — that there isn’t such a thing as a socially responsible data center?
You get both. You definitely get both. It depends on who you're talking to.
I can understand both sides of the equation here. There’s definitely solutions, first of all. I do think there’s a group of people whether it is in the energy world or the data center world or tech who would have this incredulous disbelief that anyone could not want what they’re doing. And that then, after being poked and prodded enough, transforms into a very elitist, almost pejorative explanation of everybody’s just NIMBYs.
I think that’s really unproductive. It kind of just throws gas on the fire.
But there’s a lot of people working on solutions, too. The non-firm grid service thing is just a huge opportunity. To be able to connect these sites to the grid in such a manner they either get curtailed some small amount of hours per year or they show up with accredited capacity, absolving them from curtailing. I mean, we can do that. It’s very doable.
The second question becomes, what are the forms of accredited capacity that can be deployed quickly? I think that’s where there’s a lot of cool stuff around VPPs and such. Sure, build a gas power plant, run it once or twice a year. If anything that’s good for a community — back-up power at grid scale.
There’s also other solutions. A really cool effort right now, former Tesla people building a purely solar and battery DC microgrid in New Mexico.
And there’s also a lot of inertia. The folks making decisions about data centers have been doing stuff a certain way for 20 years and it’s hard to change. The inertia within the culture combined with the enormous pressure to deploy just makes it less dynamic than one would hope.
On my end, I’ve been grappling with the issue of tax revenue. We’re seeing a declining amount of money for social services, things that can really help people for both personal and academic reasons. There's quite a bit a lot of people could say on that topic. At the same time, this is another form of industrial development. People are upset at the amount of resources going to this specific thing.
So when it comes to the data center boom in general, where do you stand on social cost-versus-benefit analysis?
That’s a good question. I’m not an expert. I’m mostly just someone who designs energy projects. But I can say where I’m at personally.
Yeah, but isn’t everyone in the energy space talking about data centers? Shouldn’t we all be thinking about this?
Of course. I’m not in a place to proclaim what is right but I’ll tell you where I’m at right now.
With any large-scale industrial build out it is tough relative to other technological changes that were simpler at the infrastructure layer. Like, the smartphone. Massive technological change but pretty straightforward in a lot of ways. But industrial buildout stresses real physical resources, so people have much more of an opinion of whether it’s worth it or not.
I’m pretty optimistic about AI generally. It’s very hand-wave-y. It’s hard to cite data or anything, because we’re talking about something that hasn’t happened yet, but I’m very optimistic about increasing the amount of intelligence we have access to per person on Earth.
A similar thing I think about is when everyone stopped getting lead poisoning all the time, we all jumped five IQ points and killed each other less. Intelligence is good. A lot of our story as a species is about increasing intelligence and learnings-per-person so we can do more. The idea that we would be able to synthesize it, operate it as a machine outside of our own bodies. It feels pretty inevitable.
There’s questions about what that [AI] will do to the economy and jobs, which is what people are really concerned about and is the case with any major technological change.
Are data centers being deployed at a rate and in a way that is responsible? Like, does it need to be this fast? That’s a question people ask and that’s in a way the question being posed by the moratoriums. They’re not saying let’s ban this forever. They’re saying, let’s take a breather. And I do understand that.
There’s a lot of good solutions that could just be pursued and it’s hard for me to separate my feelings about the current path data centers are taking from what I think is objectively right. We could just be doing way better.
On the energy front, what do you make of the way our energy mix — carbon versus renewables, our resilience — is headed? And where do you think we’re heading in five years?
For the energy and climate world, this is the real question. Data centers are a complicated thing but at the end of the day, for us, they’re a source of electricity demand.
From an electricity perspective, there’s been no growth for 20 years. So the theory of addressing climate change was, as the old stuff breaks we’ll replace it with new clean stuff. That was what we were doing, while saying, a lot of the old stuff we’ll keep around. We’ll layer on the new clean stuff.
It was always the case though that we could enter a new phase of electricity growth. Actually, five years ago, when the phrase “electrify everything” was coined, it explicitly became our goal! We were going to massively and rapidly grow the electricity system in order to switch industry, heating, and transport off of fossil fuels. That’s the right prescription, the right way to do it.
My understanding of it is that while this feels really big, because we haven’t grown in so long, compared to the challenge we were all talking about doing is not big at all. It increases the challenge by 15% or 20%. That’s meaningful. But it just seems like we should be able to do this.
From a climate perspective, as someone who’s been trying to do everything I can on it for a while now, I can’t help but feel a little dismayed that today the growth we’re experiencing is some tiny, tiny percentage of what we actually set out to do. And it’s causing chaos. We’re institutionally falling apart from a single percent of what our goals should be.
This is the time for the electrification case. We can all demonstrate this is possible over the next few years. I think confidence in the electricity system as our energy path can remain high. Or this utterly fails, where it’s really hard to imagine governments and businesses making any sincere attempt at a high electrification pathway.
Plus the week’s biggest development fights.
1. LaPorte County, Indiana — If you’re wondering where data centers are still being embraced in the U.S., look no further than the northwest Indiana city of LaPorte.
2. Cumberland County, New Jersey — A broader splashback against AI infrastructure is building in South Jersey.
3. Washington County, Oregon — Hillsboro, a data center hub in Oregon, is turning to a moratorium.
4. Champaign County, Ohio — We’re still watching the slow downfall of solar in Ohio and there’s no sign of it getting any better.
5. Essex County, New York — Man oh man, what’s going on with battery storage in rural pockets of the Empire State?