The U.S. Department of the Treasury and the IRS have released final rules for Clean Electricity Investment and Production Tax Credits, known as technology-neutral credits, under tax code sections 45Y and 48E. These credits aim to reduce energy costs for American families and businesses while providing affordable power to meet increasing demand due to significant investments in the U.S. economy.
According to the Department of Energy's analysis, these credits, along with provisions from the Inflation Reduction Act and Bipartisan Infrastructure Law, are projected to save American families up to $38 billion on electricity bills by 2030.
The Clean Electricity Credits support innovation by allowing new zero-emissions technologies to develop over time. They also offer incentives for companies investing in existing clean energy technologies that contribute to a clean energy investment boom. The final rules clarify which zero-emissions technologies qualify for the credits, including wind, solar, hydropower, marine and hydrokinetic, geothermal, nuclear, and certain waste energy recovery properties. The Treasury and IRS plan to release an Annual Table confirming this list soon. Additionally, guidance is provided on how combustion and gasification technologies can qualify in the future through lifecycle analysis assessments.
U.S. Secretary of the Treasury Janet L. Yellen stated that "the final rules issued today will help ensure America’s clean energy investment boom continues – driving down utility costs for American families and small businesses, creating good-paying construction jobs, and strengthening energy security by making the U.S. more resistant to price shocks."
U.S. Secretary of Energy Jennifer M. Granholm added that "America’s clean energy boom is no coincidence; it’s President Biden’s industrial strategy in action: utilizing a range of incentives to accelerate innovative carbon-cutting technologies and make the nation more energy resilient."
Existing Production Tax Credit and Investment Tax Credit remain available for projects initiated before 2025. Projects placed in service after December 31, 2024, will be eligible for new Clean Electricity Credits.
The final rules largely maintain previously proposed regulations after considering stakeholder comments. Any future changes to zero-emissions technology lists or lifecycle analysis models must include an analysis prepared by the U.S. Department of Energy’s National Labs with expert consultation.
National Labs are already examining lifecycle emissions from electricity production using certain biomass technologies per final rule requirements. This ongoing analysis is expected to provide further clarity for taxpayers upon completion.
To fully benefit from these credits, taxpayers must adhere to standards regarding prevailing wages and employing registered apprenticeships—ensuring clean energy jobs are well-paying while expanding career opportunities within this sector. Bonus credits are available for projects sited in energy communities or meeting domestic content standards, supporting diverse job creation across regions.
