H.R. 2838

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 2838

To amend the Internal Revenue Code of 1986 to phase-out the clean 
electricity production and investment credits with respect to wind and 
solar energy.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 10, 2025

Ms. Fedorchak (for herself, Mr. Goldman of Texas, Mr. Palmer, and Mr. 
Weber 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 phase-out the clean 
electricity production and investment credits with respect to wind and 
solar energy.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Ending Intermittent Energy Subsidies 
Act of 2025''.

SEC. 2. TERMINATION OF TRANSFERABILITY OF PORTION OF CLEAN ELECTRICITY 
CREDITS ATTRIBUTABLE TO WIND OR SOLAR ENERGY.

(a) Clean Electricity Production Credit.--Section 
6418(f)(1)(A)(vii) of the Internal Revenue Code of 1986 is amended to 
read as follows:
``(vii) so much of the clean electricity 
production credit determined under section 45Y 
as is not attributable to electricity produced 
using solar or wind energy.''.
(b) Clean Electricity Investment Credit.--Section 6418(f)(1)(A)(xi) 
of such Code is amended to read as follows:
``(xi) so much of the clean electricity 
investment credit determined under section 48E 
as is not allowed with respect to a qualified 
facility (as defined in such section) which is 
used for the generation of electricity using 
wind or solar energy.''.
(c) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after the date of the enactment of this Act.

SEC. 3. PHASE-OUT OF CLEAN ELECTRICITY PRODUCTION CREDIT WITH RESPECT 
TO SOLAR AND WIND POWER.

(a) In General.--Section 45Y(d) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new paragraph:
``(4) Special rule for solar and wind energy.--In the case 
of electricity produced from solar or wind energy, the amount 
of the credit determined under subsection (a) (determined 
without regard to this paragraph) shall be equal to the product 
of the amount otherwise so determined, multiplied by--
``(A) in the case of electricity produced during 
the first calendar year beginning after the date of the 
enactment of the Ending Intermittent Energy Subsidies 
Act of 2025, 80 percent,
``(B) in the case of electricity produced during 
the second calendar year beginning after the date of 
the enactment of the Ending Intermittent Energy 
Subsidies Act of 2025, 60 percent,
``(C) in the case of electricity produced during 
the third calendar year beginning after the date of the 
enactment of the Ending Intermittent Energy Subsidies 
Act of 2025, 40 percent,
``(D) in the case of electricity produced during 
the fourth calendar year beginning after the date of 
the enactment of the Ending Intermittent Energy 
Subsidies Act of 2025, 20 percent, or
``(E) in the case of electricity produced after 
such fourth calendar year, zero percent,''.
(b) Effective Date.--The amendments made by this section shall 
apply to electricity produced after the date of the enactment of this 
Act.

SEC. 4. PHASE-OUT OF CLEAN ELECTRICITY INVESTMENT CREDIT.

(a) In General.--Section 48E(e) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new paragraph:
``(4) Special rule for solar and wind energy.--The amount 
of the clean electricity investment credit under subsection (a) 
with respect to any qualified investment in a qualified 
facility which generates electricity using wind or solar energy 
shall be equal to the product of--
``(A) the amount of the credit determined under 
subsection (a) without regard to this subsection, 
multiplied by
``(B) in the case of a facility placed in service--
``(i) during the first calendar year 
beginning after the date of the enactment of 
the Ending Intermittent Energy Subsidies Act of 
2025, 80 percent,
``(ii) during the second calendar year 
beginning after the date of the enactment of 
the Ending Intermittent Energy Subsidies Act of 
2025, 60 percent,
``(iii) during the third calendar year 
beginning after the date of the enactment of 
the Ending Intermittent Energy Subsidies Act of 
2025, 40 percent,
``(iv) during the fourth calendar year 
beginning after the date of the enactment of 
the Ending Intermittent Energy Subsidies Act of 
2025, 20 percent, or
``(v) after such fourth calendar year, zero 
percent,''.
(b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.
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