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              Congressional_______
              Research Service






Recent Developments in the Federal

Multipronged Approach to Solar and Wind

Energy



October   3, 2023

In the opening days of the Biden Administration, the President issued Executive Order 14008, directing
the Administration to focus on actions to address climate change. In the wake of this directive, the federal
government has taken actions to encourage the deployment of renewable energy and other low-carbon
energy sources. Actions to expand generation and consumption of solar and wind energy are seen in three
distinct arenas: (1) incentivizing renewable energy production and use, (2) increasing the use of public
lands for solar and wind energy projects, and (3) expanding electricity transmission to allow utility-scale
solar projects to connect to the grid and ultimately serve consumers. This Legal Sidebar identifies some
legal considerations in the recent federal efforts to encourage and enhance solar energy production and
consumption in each of these arenas.

Private   Sector  Incentives:   The   Inflation   Reduction Act of 2022

The omnibus statute P.L. 117-169, commonly known as the Inflation Reduction Act of 2022 (IRA),
included measures designed to encourage solar energy production and consumption. A key legal tool that
Congress used to implement this policy was amending the Internal Revenue Code (IRC). Perhaps the
most prominent of these amendments was the extension and modification of the investment tax credits
(ITCs) for solar, wind, and geothermal energy projects and the companion credit for residential clean
energy investments in Section 25D. Tax credits provide a dollar-for-dollar reduction of income taxes.
As amended by the IRA, Section 25D (which establishes the residential clean energy tax credit for
individuals) now provides for an increased tax credit up to 30% of expenditures on certain clean energy
property, depending on when the property is placed in service. The amendments also extend the credits
through 2034.
Prior to passage of the IRA, Section 48 established the tax credit for businesses investing in renewable
energy projects. The IRA amended Section 48 to extend the credit and adjust credit percentages, but it
also adopted Section 48E, which will establish a new clean energy ITC for any projects placed into
service after December 31, 2024. Rather than focusing explicitly on the technology being employed, the

                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                    LSB11054

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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