3. Treasury releases proposed 45Y and 48E tax credit guidance

This week, the Treasury released a Notice of Proposed Rulemaking on the 45Y and 48E tech neutral clean energy tax credits. ClearPath will be examining the guidance closely, but some provisions that look promising include:
- Restarts of facilities that have closed for 1+ years and are subsequently relicensed are considered eligible as new resources. This could benefit some existing nuclear facilities.
- New geothermal and nuclear technologies are included in the guidance.
- The proposed rule includes a safe harbor provision for trace emissions from facilities that are approved as zero emissions facilities.
- Treasury has requested specific comments on various carbon capture provisions, start and end points for the life cycle analysis (LCA), among others.
What’s clear: Perhaps the most important of all the existing clean energy tax credits are the ones that folks have talked about the least. The 45Y and 48E credits are zero-emissions credits on both the production credit side and the investment credit side.
Plug-in: If you’re curious how these credits work, they are similar to the Energy Sector Innovation Credit (ESIC), legislation introduced by a bipartisan group of policymakers including Republican Senators Mike Crapo (R-ID), John Barrasso (R-WY), Bill Cassidy (R-LA), and Jim Risch (R-ID) and Representatives David Schweikert (R-AZ), Darin LaHood (R-IL), Carol Miller (R-WV), Elise Stefanik (R-NY), Byron Donalds (R-FL), Michael Burgess (R-TX) and William Timmons (R-SC). Check out this whiteboard video to learn more.
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