To amend the Internal Revenue Code of 1986 to disallow the production tax credit and investment tax credit for offshore wind facilities placed in service in the inland navigable waters of the United States or the coastal waters of the United States.

#2187 | HR Congress #119

Policy Area: Taxation
Subjects:

Last Action: Referred to the House Committee on Ways and Means. (3/18/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

This bill proposes amendments to the Internal Revenue Code of 1986 to eliminate specific tax credits for offshore wind facilities located in the inland navigable waters and coastal waters of the United States.

Key provisions of the bill include:

1. **Disallowance of Investment Tax Credit**: The amendment removes the investment tax credit for offshore wind facilities situated in the specified waters.

2. **Production Tax Credit Adjustments**: The renewable resources production tax credit will not apply to facilities located in the inland navigable or coastal waters, effectively excluding them from this tax benefit.

3. **Clean Electricity Production and Investment Tax Credits**: The bill defines "disqualified offshore wind facilities" and specifies that these facilities will not be considered "qualified facilities" for the purpose of the clean electricity production and investment tax credits.

4. **Effective Date**: The changes will take effect for energy produced and property placed in service after December 31, 2025.

Overall, the legislation aims to restrict tax incentives for certain offshore wind energy projects, potentially impacting the development and financing of these facilities in designated water bodies.

Possible Impacts

The legislation outlined in the bill would have several potential effects on individuals and communities. Here are three examples:

1. **Impact on Renewable Energy Jobs**: The disallowance of tax credits for offshore wind facilities could lead to job losses in the renewable energy sector. Workers involved in the construction, maintenance, and operation of these facilities may face unemployment or reduced opportunities for employment, particularly in regions that have invested heavily in offshore wind energy projects.

2. **Increased Energy Costs**: By removing financial incentives for offshore wind energy production, the legislation could slow down the development of renewable energy sources. This may lead to a continued reliance on fossil fuels, which could increase energy prices for consumers as demand outstrips supply or as prices for non-renewable sources fluctuate. Individuals and families may experience higher electricity bills as a result.

3. **Environmental Consequences**: The legislation could hinder the transition to cleaner energy sources, resulting in increased greenhouse gas emissions and environmental degradation. Communities that are vulnerable to the impacts of climate change—such as coastal areas prone to flooding—might face heightened risks. Additionally, the failure to support offshore wind energy could impede efforts to achieve sustainability goals, affecting public health and safety in the long term.

These examples illustrate how the bill could influence various aspects of life for individuals and communities, from economic opportunities to environmental health.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2187 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 2187

 To amend the Internal Revenue Code of 1986 to disallow the production 
   tax credit and investment tax credit for offshore wind facilities 
 placed in service in the inland navigable waters of the United States 
              or the coastal waters of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2025

   Mr. Fallon (for himself, Mr. Gooden, Ms. Hageman, and Mr. Gill of 
    Texas) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to disallow the production 
   tax credit and investment tax credit for offshore wind facilities 
 placed in service in the inland navigable waters of the United States 
              or the coastal waters of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DISALLOWANCE OF INVESTMENT TAX CREDIT AND CLEAN ELECTRICITY 
              PRODUCTION CREDIT FOR CERTAIN OFFSHORE WIND FACILITIES.

    (a) Investment Tax Credit.--Section 48(a)(5) of the Internal 
Revenue Code of 1986 is amended by striking subparagraph (F).
    (b) Renewable Resources Production Tax Credit.--Section 45(d)(1) of 
such Code is amended by striking the period at the end and inserting 
``, or any facility which is located in the inland navigable waters of 
the United States or in the coastal waters of the United States''.
    (c) Clean Electricity Production Tax Credit.--Section 45Y(b)(1) of 
such Code is amended by adding at the end the following new 
subparagraph:
                    ``(E) Certain offshore wind facilities not treated 
                as qualified facilities.--
                            ``(i) In general.--The term `qualified 
                        facility' shall not include any disqualified 
                        offshore wind facility.
                            ``(ii) Disqualified offshore wind 
                        facility.--For purposes of this subparagraph, 
                        the term `disqualified offshore wind facility' 
                        means an offshore wind facility which is 
                        located in the inland navigable waters of the 
                        United States or in the coastal waters of the 
                        United States.''.
    (d) Clean Electricity Investment Tax Credit.--Section 48E(b)(3) of 
such Code is amended by adding at the end the following new 
subparagraph:
                    ``(D) Certain offshore wind facilities not treated 
                as qualified facilities.--The term `qualified facility' 
                shall not include any disqualified offshore wind 
                facility (as defined in section 45Y(b)(1)(E)(ii)).''.
    (e) Effective Date.--The amendment made by this section shall apply 
to energy produced and property placed in service after December 31, 
2025.
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