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Implementing the new rules could mean reshaping the entire U.S. energy system.
The most generous, lucrative, and all-around lavish subsidy in President Joe Biden’s climate law, the Inflation Reduction Act, is the new tax credit for clean hydrogen production. Under the policy, a company can get a bounty of up to $3 for each kilogram of hydrogen made with clean electricity that it produces and sells. There are few legal limits to what a company can earn.
So it figures, then, that this subsidy has been the subject of maybe the most acrimonious, dramatic, hair-tearing fight over the law so far, one that saw snoozy lobbyists and power plant operators take out Spotify spots and full-page New York Times ads in order to make their point.
On Friday, the first phase of that battle ended — and the side supported by most environmental groups claimed a provisional victory. The Biden administration proposed strict rules governing the tax credit, designed to ensure that only zero-carbon electricity meeting rigorous standards can be used to make subsidized hydrogen. The rules, which some industry groups allege could stunt the field in its infancy, will have far-reaching consequences not only for hydrogen itself, but for how America’s power grid prepares for an age of abundant, zero-carbon electricity. It will create a system for organizing clean electricity that could soon determine how companies, consumers, and the federal government buy and sell that electricity — even when it has nothing to do with hydrogen.
But all of that is in the future. Now, to get the highest value of the tax credit, companies must — like other subsidies in the law — demonstrate that they paid a prevailing wage and took advantage of local apprenticeship programs.
They also must demonstrate that they used clean, zero-carbon electricity to power their electrolyzers, the energy-hungry machines that pull hydrogen out of water or other molecules. And defining clean electricity has proven to be an enormous challenge. However the Biden administration chose to define it, someone was going to be left out — or let in.
Consider just one hypothetical. Pretend you own a fancy new electrolyzer. If you buy power for it from a wind farm that’s already hooked up to the grid, then another power plant will have to replace the electrons that you’re now using. That marginal electricity will probably have to come from a coal or natural gas power plant, meaning that it will need to burn extra fuel, meaning it will release extra carbon pollution. Does that mean that the electricity that you bought is actually clean? And if not, do you still get the tax credit?
Earlier this year, climate groups proposed that any clean electricity used to make hydrogen had to meet three requirements: It had to come from a truly new source of power on the grid; it had to generate power at the same time that it was used; and it had to be produced on essentially the same grid where it was used. The Biden administration largely adopted those requirements in Friday’s proposal. On a briefing call with reporters ahead of the rule's release, Deputy Secretary of the Treasury Wally Adeyemo was effusive about the new rule’s benefits. “We’ve developed a structure that will drive innovation and create good-paying jobs in this emerging industry while strengthening our energy security and reducing emissions in hard-to-transition sectors of the economy,” he said.
Not everyone feels that way. Senator Joe Manchin, who provided a key vote for the IRA, told Bloomberg that the draft is “horrible” and promised that “we are fighting it.”
“It doesn’t do anything the bill does. They basically made it 10 times more stringent for hydrogen,” he said. The trade group for the nuclear industry has also expressed its “disappointment,” arguing, more or less correctly, that the proposal “effectively eliminates all existing clean energy from qualifying” for the credit.
But debate about the proposal has not quite run on green vs. industry lines. Air Products, the world’s largest hydrogen producer, has backed the administration’s approach, as have half a dozen other hydrogen companies. So has Synergetic, a hydrogen developer that recently left the trade group the American Clean Power Association to protest its laxer stance. “Consumer groups are behind these rules, and environmental justice has also come out to express support,” Rachel Fakhry, a policy director at the Natural Resource Defense Council, told me.
The excessive focus on the hydrogen tax credit has been, in one sense, surprising. If you care most about cutting carbon pollution in the near-term, the hydrogen tax credit is unlikely to be the most important part of the IRA. Other policies — such as the clean electricity tax credit, which could add vast amounts of new wind and solar to the grid, or new subsidies for electric vehicles — will likely reduce greenhouse gas pollution by far more in the next decade.
But a clean hydrogen industry could soon be crucial to the climate fight. Hydrogen could eventually be used to fuel medium- and heavy-duty trucks, which are responsible for roughly a quarter of the country’s transportation emissions.
It could also decarbonize the production of steel, chemicals, and fertilizer, all of which require fossil fuels today. These are a looming climate problem: By the middle of this decade, heavy industry will pollute the climate more than any other sector of the American economy, according to the Rhodium Group, an independent research firm.
Yet this does not explain why the hydrogen tax credit attracted so much attention. It became a big fight, in short, because it stood the biggest chance of backfiring. Because the tax credit is so generous, incentivizing hydrogen companies to use more and more power, it risked gobbling up too much electricity and distorting the country’s power markets. In the disaster-movie scenario, the tax credit could wind up like the federal government’s ethanol subsidies, which have cost billions while doing nothing to help the climate.
The hydrogen tax credit “has been the most challenging piece of policy that we’ve had to contend with,” John Podesta, the White House adviser in charge of implementing the IRA, told me on the sidelines of COP28 in Dubai earlier this month.
He described the administration as balancing between two extremes. On the one hand, overly strict rules could cause companies to invest more in so-called “blue hydrogen,” which is produced by separating natural gas and capturing the resulting carbon. Yet overly loose rules could cause emissions to balloon and power prices to soar.
“We could kind of blow it in either direction, I think,” he said.
This hasn’t always been seen as a problem. Since the IRA passed last year, the clean hydrogen tax credit has stood out for its extreme generosity, which goes far beyond what is contemplated by other tax credits in the law.
Once the Treasury Department decides that a hydrogen project qualifies for the tax credit, for instance, then that project can receive credits for the next 10 years. For five of those years, it can even get that money as a direct payment from the government, rather than as a tax cut. What’s more, projects can qualify for the tax credit as long as they begin construction by 2033. That means the tax credit will still be used well into the 2040s, even if Congress does not extend it.
Almost no other policy in the law spends federal dollars so lavishly or directly. Manchin, who negotiated the final text of the IRA with Senate Majority Leader Chuck Schumer, has long championed the hydrogen industry and seen it as a way to use fossil-fuel assets, such as pipelines, in the energy transition.
Soon after the IRA passed, however, climate advocates realized that this generosity could pose risks to the rest of the law. In the summer of 2022, Wilson Ricks, an engineering Ph.D. student at Princeton, was interning for the Department of Energy, studying how to measure the climate impact of hydrogen produced by electrolysis.
Ricks had already concluded that the “lifecycle” of the electricity used to make hydrogen mattered: If electricity from a nuclear power plant was sent to an electrolyzer instead of the power grid, thereby forcing a natural-gas plant to turn on and send power to the grid instead, then so-called “clean hydrogen” could actually result in more climate pollution than the traditional approach of using natural gas to make hydrogen.
Then the IRA passed, and “potentially hundreds of billions of dollars hinged on that question,” he told me. In January, Ricks and his colleagues at Princeton’s ZERO Lab published a study urging the Biden administration to adopt stringent guidelines for the tax credit. Without hourly matching, they concluded, the subsidy could wreak havoc in the country’s electricity markets.
Ricks wasn’t the only expert suddenly worried about what a giant new hydrogen subsidy could do to electricity markets. Nearly a year earlier, Taylor Sloane, an energy developer for the utility and power company AES, virtually predicted the hydrogen fight in a Medium post.
“The reason it matters that we get these rules right is that we don’t want to have an environmental backlash against green hydrogen in a few years demonstrating how it actually increases emissions,” he wrote. “Getting the rules right from the start will ensure more stable long-term growth of green hydrogen.”
Ultimately, the administration decided that nearly all clean electricity used to produce hydrogen must meet three requirements — largely inherited from the climate groups’ proposals. They also mirror hydrogen regulations already adopted in the European Union.
First, the electricity must come from a relatively new source of zero-carbon power, such as a wind or nuclear plant: You can’t use electrons that once would have powered homes or cars to power an electrolyzer.
Second, the electricity must be produced at roughly the same time that it is used to make hydrogen: You can’t buy cheap solar power at noon and claim that you’re using it to make hydrogen at midnight.
Finally, the electricity must have been made on the same power grid that the electrolyzer itself is using: You can’t buy wind power in Iowa and claim that you’re using it to make hydrogen in Massachusetts.
Today, no power company in the country has a way of certifying that its electricity meets all three requirements of the new hydrogen rule — and none has any way of selling it, either. So the rules also require local power grids to set up and sell “energy attribute certificates,” or EACs, which certify that a given kilowatt-hour of electricity was produced on a certain grid, at a certain time, and using a certain source of clean energy.
Utilities and grid managers have until 2028 to launch this new system; until then, hydrogen companies can keep using the existing system of renewable energy credits, or RECs, which certify only that zero-carbon electricity was generated during a certain year.
Although this new system of EACs may sound like so much bureaucratic legerdemain, it could eventually become more important than the hydrogen tax credit itself, because it could all but reshape how the country’s electricity systems work.
Right now, even though the availability of clean energy rises and falls throughout the day — solar panels make more power at noon than at midnight, for instance — there is no way to buy or sell claims to that power. By creating a systematic way to describe and sell an hour of clean electricity, EACs could actually create a market for 24/7 clean electricity.
The existence of that system could alter corporate sustainability pledges, climate-friendly government orders, and even how companies measure their own progress toward meeting their Paris Agreement goals. Even though hundreds of American companies say that they buy their electricity from zero-carbon sources, only Google, Microsoft, and a few other companies have committed to buying 24/7 clean electricity.
“I know the administration faced absurd amounts of pressure given how lucrative this is,” Ricks told me. “But it seems like they pretty much held firm and went with the science.”
That said, the proposal kicks two issues down the road. It asks companies whether it should allow any exceptions to the general rule requiring that clean electricity come from clean sources. Some nuclear power plant operators, for instance, have argued that electricity from a nuclear plant should count toward the credit if the plant would otherwise be slated to shut down.
That decision could shape other administration priorities. Two of the government’s seven proposed “hydrogen hubs,” new industrial facilities funded by the bipartisan infrastructure law, are planning to use nuclear power to generate clean hydrogen. Under the current rules, these hubs may not qualify for the generous hydrogen tax credit, even though they could still earn billions in other subsidies.
The proposal also asks for advice about how to count so-called renewable natural gas, which is captured methane released from cows or landfills. Some environmentalists worry that the rules for this technology, if poorly drafted, could allow companies to engage in aggressive carbon accounting that does not align with reality. But so far, the Biden administration seems to have little appetite for that approach.
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And more of the week’s most important conflicts around renewable energy.
1. Nantucket County, Massachusetts – The fight over Vineyard Wind is back with a vengeance. But can an aggrieved vacation town team up with conservative legal activists to take down an operating offshore wind project?
2. Henry County, Virginia – A fresh fiasco around a solar farm is renewing animus against solar projects in the Commonwealth of Virginia.
3. Calcasieu Parish, Louisiana – Solar developer Aypa is now suing this parish on the grounds it allegedly used zoning rules in an unfair and biased manner against one of its projects.
4. Outagamie County, Wisconsin – If at first you don’t kill the solar farm, try and go after the substation.
5. La Paz County, Arizona – Republicans in Congress are helping at least one area open up for more solar development.
6. Idaho – The federal government will officially re-do its review of the LS Energy Lava Ridge wind farm.
7. Monterey County, California – The EPA is finally getting more involved in the Moss Landing battery plant cleanup, after the agency declared this week it approved a new comprehensive remediation plan under CERCLA, a law that also governs the Superfund program.
More than $760 million from the Inflation Reduction Act’s Green and Resilient Retrofit Program is still caught in legal limbo — but no one seems to have noticed.
When a federal judge put an injunction on the Trump administration’s efforts to freeze Inflation Reduction Act funding back in April, many grantees were able to pick up their clean energy projects where they left off. But not everyone.
Some 100 low-income housing providers that won more than $760 million in grants and loans from the IRA’s Green and Resilient Retrofit Program to make critical safety and energy upgrades to their buildings are still in limbo. The U.S. Department of Housing and Urban Development will not respond to their questions about if or when projects can move forward, and also fired all of the third-party contractors that had been hired to implement the program.
While these developers are certainly not the only ones locked in a bureaucratic standstill — a lawsuit aiming to unlock money from the Greenhouse Gas Reduction Fund is still wending through the courts, and many states are waiting to hear whether they’ll ever get funding for their home energy retrofit rebate programs — their plight has so far been overlooked, raising the risk that the money could quietly disappear.
The Green and Resilient Retrofit Program addressed a known funding gap for affordable housing preservation. Low-income housing providers operate on tight margins and often struggle to pay for regular maintenance, let alone to make upgrades to their buildings. On top of that, many of the buildings that receive other subsidies from HUD are barred from taking on debt for improvements.
“So what do you do if your building is now 40 years old and it needs upgrades?” Juliana Bilowich, the senior director of housing operations and policy for Leading Age, a nonprofit focused on affordable senior housing, said to me. “There are some housing communities that haven’t had air conditioning for years because the HUD budget won’t support it, or it’s broken and it needs to be upgraded, but there’s no funding they can get to do that.”
That was the case for The Towers, a 20-story senior living center in New Haven, Connecticut, except the building was nearly 60 years old. While its individual apartments have air conditioning, there’s no HVAC system serving the hallways where residents have to wait for the elevator. “The summertime is horrible,” Gus Keach-Longo, the president and CEO of The Towers, told me.
While the building has made cosmetic improvements over the years, it hasn’t done major efficiency or structural work outside of installing LED lightbulbs, Keach-Longo told me. A recent assessment of the building scored it at a 7 out of 100 for energy efficiency. In addition to an HVAC solution, the building needed a new roof and windows.
The Green and Resilient Retrofit Program looked like it could be a lifeline for Towers residents. For one, it was uniquely flexible. The funds could be used for a wide range of projects, as long as they reduced the building’s emissions, improved its energy or water efficiency, or made it more resilient to flooding, extreme heat, or other weather-related hazards.
Billowich called the program a “linchpin” for buildings that didn’t have the ability to go to the bank and get a loan. “This was the way that housing communities were going to be able to continue operating.” Applicants planned to insulate their pipes so they didn’t burst during a cold front, or replace their windows to save money on energy and protect residents from wildfire smoke. The funds could also be leveraged to raise additional money for other kinds of repairs. The resulting energy savings could then be put toward expanding services for residents.
The $1 billion program was divided into three streams of funding. A building owner could get up to $750,000 per property under the “Elements” stream to supplement existing retrofit plans with green upgrades like solar panels. The “Leading Edge” stream supplied up to $10 million for more involved projects and required the building to ultimately meet a green certification, such as Passive House or LEED. The “Comprehensive” stream was designed to facilitate more complicated, full-building retrofits that required significant technical assistance to plan. Grantees could get up to $80,000 per unit, or $20 million total, but they would have to work with HUD-employed contractors that would scope out and oversee the project.
Department of Housing and Urban Development
The Towers applied for a Comprehensive grant and was one of just a few properties to win the full $20 million. But since signing a contract for the award last July, Keach-Longo said his team has “heard almost nothing.” They were supposed to be assigned a Multifamily Assessment Contractor, or MAC, the term for the HUD-employed contractor that would oversee the project, but the Biden administration never got to it. When the Trump administration came in, it halted the program as part of the larger IRA funding freeze. On February 12, HUD terminated its contracts with all five of the companies it had selected to serve as MACs, including big consulting firms like Deloitte and Ernst and Young. HUD did not respond to emailed questions for this story.
Margaret Salazar, the CEO of REACH Community Development in Oregon, has also been “stuck in a holding pattern” regarding her organization’s two Comprehensive awards. “We want to do right by what we’ve communicated with residents that we are making these repairs. We want to involve them in the process. And now we’re hanging out there without any path forward,” she told me.
When the funding freeze first went into effect in March, an affordable housing operator in the Boston area called the Codman Square Neighborhood Development Corporation, which had won an Elements grant, joined a lawsuit filed by five other nonprofits that challenged Trump’s pause. In April, the district court judge overseeing the case issued a preliminary injunction barring HUD and other agencies from maintaining any program-wide freezes.
The agency complied, in part. HUD sent a letter to awardees notifying them of the injunction and resumed processing reimbursements for Elements and Leading Edge grants. Ron Budynas, the chief operating officer for an affordable senior housing provider called Wesley Living, which won 10 separate awards from the program, told me he’s been able to proceed with his three Elements projects. He’s already completed one, upgrading an apartment complex in Lexington, Tennessee, with high efficiency heat pumps, and is now working on the others, installing solar and battery backup systems at two other properties in Tennessee.
His remaining seven are Comprehensive projects, however, and are “a whole different story,” he said. “Every time I’ve written to the [Green and Resilient Retrofit Program] staff, the only answer I get back from them on the Comprehensive grants is ’we’re still waiting for direction from headquarters.’”
Budynas was much further along than Keach-Longo at The Towers by the time Trump came into office. He said he was already working with a MAC and had completed a capital needs assessment on five of the properties; the next step was to scope out the work. He told me he contacted HUD after the court’s injunction and asked whether his team could put together the scope for one project to move it forward, but the agency told him no, since the program rules say that the MAC has to do it — even though it had fired all of the MACs.
Then the reconciliation bill that Congress passed earlier this month rescinded $138 million from the program — money set aside for administrative costs and technical assistance, i.e. to pay for the MACs. “How do we go forward if the MAC has to do the scope and they don’t have any money to pay the MAC?” Budynas said. Six of the seven Wesley Living properties that won Comprehensive awards receive HUD subsidies that preclude them from using other types of financing, “so there’s no way for us to update those properties if the Comprehensive doesn’t go forward,” he said.
It’s unclear whether any of this will be addressed in the lawsuit, since the only plaintiff in the case that challenged HUD — Codman Square — has been able to progress with its Elements award. I reached out to Democracy Forward, the nonprofit legal organization that is representing the plaintiffs, but it declined to comment.
Beth Neitzel, a partner at the law firm Foley Hoag, which is not involved in the case, told me this might be an unfortunate gray area for the Comprehensive award winners. She said the lawyers could argue that HUD is violating the terms of the injunction, but the government could respond that no one in the case is being injured by its actions.
“I don’t know if that will carry the day. It seems pretty clear they are violating the terms of the preliminary injunction by not unfreezing that fund,” Neitzel said. “But there is that potential wrinkle that they will argue that’s not an issue here because nobody here has standing to challenge that.” As a matter of law, she added, it’s irrelevant that HUD fired the contractors overseeing the program since the program itself was congressionally mandated.
Meanwhile the grantees wait, and the consequences of the delay stack up. Salazar, of REACH in Oregon, told me the organization missed out on an opportunity to get additional funding from the Portland Housing Bureau because it hadn’t been able to scope out the project with its MAC.
“This isn’t just money on the line. This is the future of these affordable housing communities,” Bilowich said. “That is a blue issue, that’s a red issue, that’s everybody’s issue. And so we need a solution, and this was the most efficient and cost-effective solution that everybody had come up with.”
On FERC’s ‘disastrous misstep,’ the World Court’s climate ruling, and 127 SMRs
Current conditions: The U.S. Northeast faces more flash flooding as cooling temperatures usher in rainfall • Scandinavia’s weeks-long heatwave continues, with temperatures reaching nearly 90 degrees Fahrenheit • The death toll from China’s heavy rains rose to 34, with as many as 80,000 people displaced.
The U.S. Federal Reserve board decided on Wednesday to hold interest rates steady at between 4.25% and 4.5%, in defiance of President Donald Trump’s call for looser policy. This also added to the headwinds facing renewables developers.
When borrowing costs are higher, it’s harder to lure investors to back projects. That dynamic is even more challenging for construction projects that take even longer and therefore accrue more interest, such as nuclear reactors or hydroelectric upgrades. “Developers rushing to build solar and wind energy between now and next summer to take advantage of tax credits will have to pay out these higher interest costs as they build,” Advait Arun, senior associate of energy finance at the Center for Public Enterprise and a Heatmap contributor, told my colleague Charu Sinha.
Interior Secretary Doug BurgumJohn McDonnell/Getty Images
In a secretarial order on Tuesday, Secretary of the Interior Doug Burgum directed his department to eliminate policies that give “preferential treatment” to wind and solar. The directive also orders the agency to consider withdrawing “areas onshore with high potential for wind energy development” from federal leasing and to ramp up studies on the effects of wind turbines on migratory birds.
“These policy changes represent a commonsense approach to energy that puts Americans’ interests first,” Burgum said in a statement. “Leveling the playing field in permitting supports energy development that’s reliable, affordable, and built to last.” The move “will result in higher energy costs, increased blackouts, job loss, and billions of dollars in stranded investments, further delaying shovel-ready projects supported by a domestic heavy manufacturing supply chain renaissance that spans 40 states,” said Stephanie Francoeur, a spokesperson for the green group Oceantic Network. “Crippling affordable and reliable wind energy makes no economic sense and undermines the administration’s ‘all-of-the-above’ energy strategy.”
Ford’s vehicle sales rose 14% to more than 612,000 in the last quarter, according to earnings that bested analysts’ expectations on Wednesday. But EV sales dropped 31% to just 16,438. The company told Electrek that demand for its F-150 Lightning had slumped and the Mustang Mach-E faced a recall, preventing the spike in Ford’s EV sales GM saw in the last quarter. But that isn’t stopping the Detroit giant from investing more in EVs.
Ford CEO Jim Farley teased an upcoming announcement about the company’s “plans to design and build breakthrough electric vehicles in America.” Farley said Ford wouldn’t compete with South Korean or Japanese brands in the mass-market EV space, but rather would invest in the truck and SUV market. More details are set to come at an event in Kentucky on August 11.
The White House nominated an executive from Southern Company to serve in the open seat on the Nuclear Regulatory Commission. Ho Nieh, who serves as the utility giant’s vice president of regulatory affairs, previously led the NRC’s Office of Nuclear Reactor Regulation before joining Southern right as the company completed work on the only two new reactors built from scratch in the U.S. in a generation, the pair of Westinghouse AP1000s at the Alvin W. Vogtle Generating Station in northern Georgia.
The nomination, now subject to Senate approval, came a month after Trump fired Democratic Commissioner Christopher Hanson in a move that critics said violated the NRC’s legal independence from the White House. Trump will now have another seat to fill. On Tuesday, Annie Caputo, a Republican commissioner who Trump initially appointed in 2017, abruptly resigned amid a series of dramatic overhauls at the agency that include demands from the Trump administration that the regulators “rubber stamp” new reactors. In her farewell email to NRC staff – a copy of which I obtained and published on my Substack newsletter, Field Notes – she said she planned to focus on her family.
Helion has started work on what could be the world’s first nuclear fusion power plant in Washington State. The Microsoft-backed startup broke ground on the facility, called the Orion plant, in Chelan County, east of Seattle, and set a goal to deliver power to the tech giant’s data centers in the state by 2028. Microsoft and Helion made history in May 2023 with the world’s first power purchase agreement for nuclear fusion, with Helion promising to deliver up to 50 megawatts of electricity following a ramp-up period of one year. The project is set to hook onto the Washington grid.
Helion isn’t the only fusion startup in the race to deliver power first. In December, Commonwealth Fusion Systems announced plans to build its debut power plant in Virginia. Those ambitious promises explain why investors have pumped $2.5 billion into fusion energy over the past two years, according to newly released industry data.