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A new “foreign entities of concern” proposal might be just as unworkable as the House version.
In the House’s version of Trump’s One, Big, Beautiful Bill Act Republicans proposed denying tax credits to clean energy companies whose supply chains contained any ties — big or small — to China. The rules were so administratively and logistically difficult, industry leaders said, that they were effectively the same as killing the tax credits altogether.
Now the Senate is out with a different proposal that, at least on its face, seems to be more flexible and easier to comply with. But upon deeper inspection, it may prove just as unworkable.
“It has the veneer of giving more specificity and clarity,” Kristina Costa, a Biden White House official who worked on Inflation Reduction Act implementation, told me. “But a lot of the fundamental issues that were present in the House bill remain.”
The provisions in question are known as the “foreign entities of concern” or FEOC rules. They penalize companies for having financial or material relationships with businesses that are “owned by, controlled by, or subject to the jurisdiction or direction of” any of four countries — Russia, Iran, North Korea, and, most importantly for clean energy technology, China.
The Inflation Reduction Act imposed FEOC restrictions on just one clean energy tax credit — the $7,500 consumer credit for electric vehicles. Starting in 2024, if automakers wanted their cars to qualify, they could not use battery components that were manufactured or assembled by a FEOC. The rules ratcheted up over time, later disallowing critical minerals extracted or processed by a FEOC.
The idea, Costa told me, was to “target the most economically important components and materials for our energy security and economic security.” But now, the GOP is attempting to impose FEOC restrictions liberally to every tax credit and every component, in a world where China is the biggest lithium producer and dominates roughly 80% of the solar supply chain.
Not only would sourcing outside China be challenging, it would also be an administrative nightmare. The way the House’s reconciliation bill was written, a single bolt or screw sourced from a Chinese company, or even a business partially owned by Chinese citizens, could disqualify an entire project. “How in the world are you going to trace five layers down to a subcontractor who’s buying a bolt and a screw?” John Ketchum, the CEO of the energy company NextEra, said at a recent Politico summit. Ketchum deemed the rules “unworkable.”
The Senate proposal would similarly attach FEOC rules to every tax credit, but it has a slightly different approach. Rather than a straight ban on Chinese sourcing, the bill would phase-in supply chain restrictions, requiring project developers and manufacturers to use fewer and fewer Chinese-sourced inputs over time. For example, starting next year, in order for a solar farm to qualify for tax credits, 40% of the value of the materials used to develop the project could not be tied to a FEOC. By 2030, the threshold would rise to 60%. The bill includes a schedule of benchmarks for each tax credit.
“That might be strict, but it’s clearer and more specific, and it’s potentially doable,” Derrick Flakoll, the senior policy associate for North America at BloombergNEF, told me. “It’s not an all or nothing test.”
But how companies should calculate this percentage is not self-evident. The Senate bill instructs the Treasury department to issue guidance for how companies should weigh the various sub-components that make up a project. It references guidance issued by the Biden administration for the purposes of qualifying for a domestic content bonus credit, and says companies can use this for the FEOC rules until new guidance is issued.
Mike Hall, the CEO of a company called Anza that provides supply chain data and analytics to solar developers, told me he felt that the schedule was achievable for solar farm developers. But the Biden-era guidance only contains instructions for wind, solar, and batteries. It’s unclear what a company building a geothermal project or seeking to claim the manufacturing tax credit would need to do.
Costa was skeptical that the Senate bill was, in fact, clearer or more specific than the House version. “They’re not providing the level of precision in their definitions that it would take to be confident that the effect of what they’re doing here will not still require going upstream to every nut, bolt, screw, and wire in a project,” she said.
It’s also hard to tell whether certain parts of the text are intentional or a drafting error. There’s a section that Flakoll had interpreted as a grandfathering clause to allow companies to exempt certain components from the calculation if they had pre-existing procurement contracts for those materials. But Costa said that even though that seems to have been the intent, the way that it’s written does not actually achieve that goal.
In addition to rules on sourcing, the Senate bill would introduce strict ownership rules that could potentially disqualify projects that are already under construction or factories that are already producing eligible components. The text contains a long list defining various relationships with Chinese entities that would disqualify a company from tax credits. Perhaps the simplest one is if a Chinese entity owns just 25% of the company.
BloombergNEF analyzed the pipeline of solar and battery factories that are operational, under construction, or have been announced in the U.S. as of March, and quite a few have links to China. The research firm identified 22 firms “headquartered in China with Chinese parent companies or majority-Chinese shareholders” that are behind more than 100 existing or planned solar or battery factories in the U.S.
One example is AESC, a Japanese battery manufacturer that sold a controlling stake in the business to a Chinese company in 2018. AESC has two gigafactories under construction in Kentucky and South Carolina, both of which are currently paused, and a third operating in Tennessee. Another is Illuminate USA, a joint venture between U.S. renewables developer Invenergy and Chinese solar panel manufacturer LONGi; it began producing solar panels at a new factory in Ohio last year. The sources I reached out to would not comment on whether they thought that Ford, which has a licensing deal with Chinese battery maker CATL, would be affected. Ford did not respond to a request for comment.
Hall told me he would expect to see Chinese companies try to divest from these projects. But even then, if the business is still using Chinese intellectual property, it may not qualify. “It’s just a lot of hurdles for some of these factories that are already in flight to clear,” he said.
In general, the FEOC language in the Senate bill was “still not good,” he said, but “a big improvement from what was in the House language, which just seemed like an insurmountable challenge.”
Albert Gore, the executive director of the Zero Emissions Transportation Association, had a similar assessment. “Of course, the House bill isn’t the only benchmark,” he told me. “Current law is, in my view, the current benchmark, and this is going to have a pretty negative impact on our industry.”
A statement from the League of Conservation Voters’ Vice President of Federal Policy Matthew Davis was more grave, warning that the Trump administration could use the ambiguity in the bill to block projects and revoke credits. “The FEOC language remains a convoluted, barely workable maze that invites regulatory chaos, giving the Trump administration wide-open authority to worsen and weaponize the rules through agency guidance,” he wrote.
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On Trump’s coal push, PJM’s progress, and PG&E’s spending plan
Current conditions: Tropical Storm Imelda is gaining wind intensity this week, bringing flooding rain and storm surge to the southeastern U.S. • Hurricane Humberto, now a Category 4 storm, is passing west of Bermuda, bringing marine hazards to the U.S. East Coast • Typhoon Bualoi is pummeling the Philippines and Vietnam, where it’s already killed a dozen people.
If you were planning to cash in on the $7,500 federal tax credit for buying an electric vehicle, you’d better make moves. Today’s the last day to claim the so-called 30D tax credit. Congress moved the expiration date for the writeoff to September 30 as part of the One Big Beautiful Bill Act.
That doesn’t mean all government incentives for EVs are going away. New York still offers a $2,000 “Drive Clean Rebate” for some vehicles, and California offers up to $7,000 in rebates. Prices for new electric cars are still higher than those for comparable internal combustion vehicles, a frustratingly persistent condition the federal tax credit was meant to help address. Owning an EV has its own rewards, however, including lower fuel and maintenance costs over time. For more on how to go about choosing an EV, here’s Andrew Moseman’s guide from our Decarbonize Your Life series.
Stacks at the Hugh L. Spurlock Generating Station in Maysville, Kentucky. Jeff Swensen/Getty Images
The Trump administration is opening more than 13 million acres of federal land to leasing for new coal mines. And it’s providing funding to keep demand for coal roaring. The Department of Energy announced Monday it will offer $625 million to upgrade, reopen, and “modernize” coal-fired power plants across the country.
It’s a sign of the trend Heatmap’s Matthew Zeitlin clocked in July: “Global coal demand is rising,” he wrote, “and America wants in.” Indeed, in a press release, Secretary of Energy Chris Wright boasted that the new funding would “keep our nation’s coal plants operating” and would ultimately help lower rising electricity prices. “Beautiful, clean coal will be essential to powering America’s reindustrialization and winning the AI race,” Wright said. “Coal built the greatest industrial engine the world has ever known, and with President Trump’s leadership, it will help do so again.”
The Trump administration is shutting down or shrinking roughly one third of the federal offices that track bird populations after hurricanes, map megafire risks in the Midwest, figure out new ways to fight invasive plants, and prepare communities’ stormwater drains against intense flooding. The U.S. Geological Survey’s Climate Adaptation Science Centers “are expected to drastically wind down and possibly close after Tuesday because of a lack of funds,” The Washington Post reported Monday. The centers in the South Central, Northeast, and Pacific Islands regions, which “collectively cover about one-third of the U.S. population and are funded under the Interior Department,” are potentially facing permanent closure.
The shuttering isn’t linked to a potential government shutdown, and appears planned as part of the Trump administration’s broader cuts to federal research. “We’re not willing to just drop everything and walk away,” Bethany Bradley, the co-director of the Northeast Climate Adaptation Science Center and a University of Massachusetts professor, told the newspaper. “But the reality is we can’t do this for free.”
Amazon, Google, Microsoft, utility giant Constellation, and power company Talen came together to propose a way to meet electricity needs in the nation’s largest power grid. Under their plan, the PJM Interconnection would allow large power users to volunteer for time-limited periods of reducing electricity demand when the grid is stressed. The proposal also outlines plans for time-limited use of backup generation. If making the load more flexible doesn’t work, PJM would increase the supply of firm power through procurement.
The pitch comes in response to an earlier mandatory curtailment proposal from PJM, which drew fierce blowback from many of the companies that wrote up this alternative. (“Everyone hates it,” Matthew wrote.) As analyst Aniruddh Mohan noted, PJM ultimately withdrew its initial load flexibility proposal.
Pacific Gas & Electric announced plans to spend $73 billion on upgrades to the electrical grid in California to meet the surge in demand from data centers. PG&E, as it’s known, has been deemed responsible for multiple large-scale wildfires in recent years, incurring billions in damages. As the utility told investors on a call Monday, the new investment plan “comes on the heels” of new liability reforms in the state. Under Senate Bill 254, the state expanded its wildfire fund by $18 billion and “acknowledged that the utilities and their customers cannot continue to carry the full burden of climate-driven catastrophic wildfires, especially when the utility has acted prudently,” PG&E CEO Patricia Poppe said, according to Power magazine. The utility had filed a proposal in March to build 700 miles of underground power lines between 2026 and 2028 and complete 500 miles of additional wildfire safety system upgrades by next year.
Fervo Energy, the company using fracking technology to harness the planet’s molten energy, is undeniably leading the race to commercialize next-generation geothermal. But a clear second-place contender emerged Tuesday when XGS Energy released the results from its first commercial test, the company told Heatmap exclusively. The startup’s system outperformed the executives’ expectations, setting the stage for full-scale development. While Fervo’s technology represents what’s known as “enhanced” geothermal system, XGS’ approach is what’s known as “advanced” geothermal systems that rely on closed-loop infrastructure, as Matthew previously explained.
The company is vying to challenge Fervo for leadership in the next-generation geothermal market.
The geothermal startup XGS Energy has now completed four months of tests to see whether its technology can maintain steady production of heat at temperatures above what’s needed to generate energy. Over 3,000 hours, the company monitored the drilling process and checked how heat flowed from its wells, the status of their temperature, and how precisely XGS’ mathematical predictions matched the outcome of the testing.
The results, which the company shared exclusively with Heatmap, were “almost too good,” XGS CEO Josh Prueher told me.
“Had we been within 10% of predictive performance, we would have been pretty happy with the outcome,” Prueher said. “Turns out we were within 2% under a variety of different parameters.”
“It worked like a charm,” he said.
To understand what makes XGS Energy stand out among the geothermal startups racing to commercialize next-generation technology, it helps to compare the company to its fellow Houston-based rival that’s currently leading the sector, Fervo Energy. Unlike Fervo, XGS doesn’t use fracking technology to drill horizontal wells in pursuit of hot, dry rocks from which to harvest energy.
Instead, XGS drills vertical wells and inserts a closed steel pipe with water and fills the gap between the metal and the rock with a patented slurry that conducts heat. Technology like Fervo’s requires pumping cold water over the fractured hot rocks to harvest heat. But with its method, XGS claims, it avoids losing any water.
The testing took place off the US-395 highway in a volcanic field in California’s Mojave desert, sandwiched between the eastern edge of the Sequoia National Park and western border of Death Valley National Park. The geothermal field XGS tapped is already actively producing energy for the Coso Operating Company, which runs a 270-megawatt geothermal power plant on the land. The results, the company said, showed the “unprecedented predictability and active control of field performance” of XGS’ technology “versus other geothermal systems, which are subject to complex and continuously changing subsurface reservoir conditions.”
At least one outside observer agreed. “This is impressive, and something to be proud of,” Advait Arun, an energy analyst and senior associate at the think tank Center for Energy Enterprise who co-authored a recent report on next-generation geothermal, told me.
While the 3,000 hours of testing still falls short of the year’s worth of data Fervo has produced at one of its sites, it’s the longest any other competitor in the space has successfully demonstrated its approach so far, Arun said.
“These guys would be second to Fervo in terms of their ability to prove a commercial-scale performance test,” he added.
XGS is now poised to build a 150-megawatt power plant for Meta’s New Mexico data centers. Even after that’s complete, however, Prueher said the surrounding area has nearly 3 gigawatts of untapped heat. In California, where the company is headquartered and carried out its demonstration project, there’s a growing need for clean power sources that don’t further tax the depleted water table.
“A lot of the historical sensitivities around developing in California — a state where, like many others, water usage for industrial development is kind of a no-no — because we don’t need water, we have some real advantages,” Prueher said.
At a moment when surging demand from data centers is supercharging dealmaking in the electricity sector, Prueher said XGS is looking beyond the boom from the artificial intelligence buildout.
“It’s not about data centers,” he said. “It really is just the fundamental power needs of California. With the restrictions around water usage, we line up really, really well for California.”
For now, the company remains focused on the U.S. But Prueher said XGS is well suited to export its technology to East Asia, as well, where countries along the Pacific Rim have vast geothermal potential and growing electricity demand but limited development. XGS already has ties to the Philippines and “may actually be subsurface” — i.e. digging wells — there by the end of 2026, Prueher told me.
The “big enchilada,” he said, would be establishing a foothold in Japan, where the onsen hotspring industry has long protested geothermal development they say could diminish the resource that makes the ancient bathhouse tradition possible. Prueher told me his technology mitigates concerns over fracking-induced earthquakes, as well.
For now, he said, his main market is in the fast-growing Southwest. The executive compared this moment to 2021, when he worked at a battery company. That February, Winter Storm Uri collapsed the Texas grid as natural gas pipes froze and demand for electricity to heat homes designed to stay cool in a typically arid climate skyrocketed. Back then, he said, batteries were “still a pretty new asset class.”
“People were still uncertain about how it would perform,” Prueher said. But his company was “able to keep our batteries up and operating 100% of the time, no one minute of downtime during that entire episode.”
“From a market perspective, the storm showed that, if you can bring this new type of technology into the market, it can really deliver remarkable value,” he added. “We made 10 years of revenue in six days.”
In a lot of ways, he went on, “this is the same thing.”
“We’ve proven a technology is reliable,” Prueher said. “It works at commercial scale over a period of time. We would regard this as a real pivot point in the industry.”
Voters are mad at Trump over rising bills, but assigning blame is complicated.
Electricity prices are rising and voters are mad about it — two facts that might seem to add up to a political victory for Democrats.
Environmental groups and elected officials alike are gearing up to use electricity prices against Trump, citing the president’s multi-pronged assault on renewables as the problem and promising to immediately bring them down as the solution. “Cheap is clean and clean is cheap,” Hawaii Senator Brian Schatz said at Heatmap House during New York Climate Week, echoing what has become essentially a universal talking point among climate activists.
The problem with that message, however, is that lowering electricity prices is really hard. In reality, the responsibility for high prices can’t be laid that the feet of any one person, party, or governmental body. What’s worse for Democrats: the voters seem to agree.
That’s not to say Trump isn’t giving Democrats a fighting chance.
“What’s interesting politically is that Trump started this term with cost of living being his single strongest issue, and now it’s his weakest,” Democratic political strategist David Shor said at an event hosted by the moderate Democratic group Third Way during New York Climate Week last week.
“A lot of the Democratic attacks trying to blame these energy price increases on Republicans have done well in our testing,” Shor said, and that there was “potential” for such attacks to be effective.
But the public’s views on energy go back further than January 20.
Trump won the 2024 election in part because of public outrage at rising prices across the board. Polling done during the campaign showed that Trump both had an advantage on cost of living issues in general and energy in particular. A Third Way poll conducted early last year showed that Trump had strong advantages on energy production, supporting manufacturing, reducing the cost of energy and gasoline, and the economy in general.
“While Biden was president, energy was one of his biggest vulnerabilities,” Shor said on the panel. “The flip side though, though, is that Democrats aren’t in charge anymore.”
According to polling by Heatmap Pro, voters largely don’t pin the fault for high electricity prices on Washington, D.C. They are more likely to blame “more demand,” their “ electricity utility,” or their “state government,” with roughly equal numbers blaming “the Biden administration and Democrats” and “the Trump administration and Republicans,” with predictable partisan splits.
And while the Trump administration is undoing tax credits for clean energy projects and unleashing regulatory hellfire on existing projects, the electricity price hikes we’re already experiencing are largely due to the cost of the poles and wires that transit and distribute electricity. In some cases, sharply rising demand has played a role, especially in the Mid-Atlantic and parts of the Midwest covered by PJM Interconnection.
Because the bulk of high energy costs are due to investments that have already been made — and can likely only be slowed down by new investments in longer-distance transmission — politicians are unlikely to find a way to lower costs, so much as perhaps slow down their increase. “Unfortunately, electricity rates are not going to go down. Our goal here is to minimize how much they go up,” Gretchen Kershaw, vice president of strategy at Grid Strategies, said on the same Climate Week panel as Shor’s.
Any politician running as a challenger can simply say that rising electricity prices are bad and force incumbents to take responsibility for it, even if they don’t have a plan to lower prices in the short term.
However, Democrats are in charge in some places that have seen large price increases, and that has tripped up their ability to make electricity price increases a marquee issue.
New Jersey, for instance, not only has some of the highest retail electricity prices in the nation, it has seen substantial price increases over the last five years as the state’s electricity market, PJM, has faced billions of dollars in new costs for capacity. Just in the past year, retail electricity prices in New Jersey have risen by over 25%, to around 25 cents per kilowatt-hour.
Along with Virginia, New Jersey’s gubernatorial election — held the year after the presidential election, is often considered a kind of mid-mid-term temperature-check for the country as a whole.
New Jersey is a solidly Democratic state, although one that swung considerably towards Trump in 2024. The Democratic nominee in this year’s governor’s race, Mikie Sherrill, is the favorite and should be able to ride the backlash against Trump to Drumthwacket, a.k.a. the New Jersey governor’s mansion. But with electricity prices at the center of the race, she has failed to dominate the polls.
Her Republican opponent, Jack Ciattarelli, has tried to pin the price increases on progressive policy, namely support for renewables, especially the troubled offshore wind industry, as well as efforts to prevent new fossil fuel power plants from opening.
One anti-Sherrill ad quotes the congresswoman saying, “We need to move into clean power. It’s going to cost you an arm and a leg, but if you’re a good person you’ll do it,” and describes her price freeze plan as just a way to “lock in” already high prices.
Sherrill’s campaign has hit back at the Republican Governors Association, which ran the ad, pointing out that the quote was actually Sherrill explaining how not to talk about climate and energy policy. In other words, Sherrill is getting tagged with the argument that she explicitly says Democrats should reject.
Sherrill has tried to go after utilities specifically in her campaign, and in August proposed a freeze on electricity rate increases.
There’s some indication that voters in New Jersey at least give an edge to Republicans on energy and electricity questions. In a Quinnipiac poll showing Sherrill leading Ciattarelli 49% to 41%, she had just a two-point lead on electricity prices, specifically, with 17% of the respondents not having an opinion.
In short, Sherrill was right to be concerned about how voters perceive Democrats when it comes to electricity prices.
“Democrats have to be very careful,” Shor said. “If you just ask people ‘what party do you trust more to keep energy prices down’? Historically, that’s something that Republicans have massive advantages on.”