Sign In or Create an Account.

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

Politics

Trump Opened a Back Door to Kill Wind and Solar Tax Credits

The Senate told renewables developers they’d have a year to start construction and still claim a tax break. Then came an executive order.

•
Trump burning a calendar.
Heatmap Illustration/Getty Images

Renewable energy advocates breathed a sigh of relief after a last-minute change to the One Big Beautiful Bill Act stipulated that wind and solar projects would be eligible for tax credits as long as they began construction within the next 12 months.

But the new law left an opening for the Trump administration to cut that window short, and now Trump is moving to do just that. The president signed an executive order on Monday directing the Treasury Department to issue new guidance for the clean electricity tax credits “restricting the use of broad safe harbors unless a substantial portion of a subject facility has been built.”

The broad safe harbors in question have to do with the way the government defines the “beginning of construction,” which, in the realm of federal tax credits, is a term of art. Under the current Treasury guidance, developers must either complete “physical work of a significant nature” on a given project or spend at least 5% of its total cost to prove they have started construction during a given year, and are therefore protected from any subsequent tax law changes.

As my colleague Matthew Zeitlin previously reported, oftentimes something as simple as placing an order for certain pieces of equipment, like transformers or solar trackers, will check the box. Still, companies can’t just buy a bunch of equipment to qualify for the tax credits and then sit on it indefinitely. Their projects must be up and operating within four years, or else they must demonstrate “continuous progress” each year to continue to qualify.

As such, under existing rules and Trump’s new law, wind and solar developers would have 12 months to claim eligibility for the investment or production tax credit, and then at least four years to build the project and connect it to the grid. While a year is a much shorter runway than the open-ended extension to the tax credits granted by the Inflation Reduction Act, it’s a much better deal than the House’s original version of the OBBBA, which would have required projects to start construction within two months and be operating by the end of 2028 to qualify.

Or so it seemed.

The tax credits became a key bargaining chip during the final negotiations on the bill. Senator Lisa Murkowski of Alaska fought to retain the 12-month runway for wind and solar, while members of the House Freedom Caucus sought to kill it. Ultimately, the latter group agreed to vote yes after winning assurances from the president that he would “deal” with the subsidies later.

Last week, as all of this was unfolding, I started to hear rumors that the Treasury guidance regarding “beginning of construction” could be a key tool at the president’s disposal to make good on his promise. Industry groups had urged Congress to codify the existing guidance in the bill, but it was ultimately left out.

When I reached out to David Burton, a partner at Norton Rose Fulbright who specializes in energy tax credits, on Thursday, he was already contemplating Trump’s options to exploit that omission.

Burton told me that Trump’s Treasury department could redefine “beginning of construction” in a number of ways, such as by removing the 5% spending safe harbor or requiring companies to get certain permits in order to demonstrate “significant” physical work. It could also shorten the four-year grace period to bring a project to completion.

But Burton was skeptical that the Treasury Department had the staff or expertise to do the work of rewriting the guidance, let alone that Trump would make this a priority. “Does Treasury really want to spend the next couple of months dealing with this?” he said. “Or would it rather deal with implementing bonus depreciation and other taxpayer-favorable rules in the One Big Beautiful Bill instead of being stuck on this tangent, which will be quite a heavy lift and take some time?”

Just days after signing the bill into law, Trump chose the tangent, directing the Treasury to produce new guidance within 45 days. “It’s going to need every one of those days to come out with thoughtful guidance that can actually be applied by taxpayers,” Burton told me when I called him back on Monday night.

The executive order cites “energy dominance, national security, economic growth, and the fiscal health of the Nation” as reasons to end subsidies for wind and solar. The climate advocacy group Evergreen Action said it would help none of these objectives. “Trump is once again abusing his power in a blatant end-run around Congress — and even his own party,” Lena Moffit, the group’s executive director said in a statement. “He’s directing the government to sabotage the very industries that are lowering utility bills, creating jobs, and securing our energy independence.”

Industry groups were still assessing the implications of the executive order, and the ones I reached out to declined to comment for this story. “Now we’re circling the wagons back up to dig into the details,” one industry representative told me, adding that it was “shocking” that Trump would “seemingly double cross Senate leadership and Thune in particular.”

As everyone waits to see what Treasury officials come up with, developers will be racing to “start construction” as defined by the current rules, Burton said. It would be “quite unusual” if the new guidance were retroactive, he added. Although given Trump’s history, he said, “I guess anything is possible.”

🔒

You’ve reached your free article limit

Subscribe to Heatmap News for unlimited access to daily energy and climate coverage.
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
Climate Tech

The World’s First Subsea Geothermal Well Had 8.7 Seconds of Glory

Endurance Energy hoped its generator would run for a full year, but the team isn’t afraid of the “error” in “trial and error.”

An Endurance installation.
Heatmap Illustration/Endurance Energy, Getty Images

About 300 miles off the Oregon coast, a mile beneath the ocean’s surface, a startup just drilled the world’s first subsea geothermal well. And for a grand total of exactly 8.7 seconds, its prototype power plant generated about 2 kilowatts of net power. It wasn’t quite the result the Seattle-based Endurance Energy was hoping for — the company’s goal was to run its 100-kilowatt generator for a full year. But it’s not nothing.

“We really proved with this mission that a geothermal well could be drilled and completed on the seafloor, and doing that within 21 months of the company existing I think is really a testament to our pace of progress,” Endurance CEO Andrew Redd told me.

Keep reading...Show less
Green
AM Briefing

‘Starting to Fray’

On Greenland’s deepsea mining ban, Indonesia floating nuclear, and a solar boom

Data center construction.
Heatmap Illustration/Getty Images

Current conditions: Hurricane Trudy has weakened from its peak as a Category 2 storm but still threatens up to 8 inches of rain as it swirls off Baja California • A nor’easter is howling through the Mid-Atlantic this week, hammering the coast with winds of up to 70 miles per hour • A humid overcast has settled over Paris this week as French authorities struggle to regain control after protests over living costs gave way to anarchic riots.


THE TOP FIVE

1. America’s AI infrastructure boom ‘is starting to fray’

At least 47 major data center projects have been delayed, withdrawn, or blocked so far this year, according to data the regulatory intelligence service RegLayer shared with the Financial Times — and that may be a “conservative estimate.” Just 35% of planned data centers are “credible,” analysts told the newspaper, as more than 1,000 communities across the United States now have restrictions on artificial intelligence infrastructure. The data comes as investors look increasingly jittery about AI following ChatGPT-maker OpenAI’s missing a key revenue metric this year.

Keep reading...Show less
Blue
Spotlight

A Giant Data Center Offers a Permitting Reform Test Case

What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?

Project Jupiter.
Heatmap Illustration/Project Jupiter, Library of Congress

One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

Keep reading...Show less
Yellow