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11/17/2023

U.S. Department of the Treasury, IRS Propose New Rules to Drive Clean Energy Investments | U.S. Department of t…

U.S. Department of the Treasury, IRS Propose New Rules to Drive
Clean Energy Investments
November 17, 2023

Guidance to clarify underlying Investment Tax Credit critical for companies planning clean
energy projects
WASHINGTON —Today, the U.S. Department of the Treasury and Internal Revenue Service
(IRS) released guidance on the Investment Tax Credit

(ITC) under Section 48 of Internal

Revenue Code to spur the investment boom ushered in by President Bidenʼs Inflation
Reduction Act. Todayʼs guidance provides the private sector with additional clarity and
certainty in making investment decisions for clean energy projects. Given the new and
expanded incentives created by the Inflation Reduction Act, this clarity is critical as companies
secure financing for clean energy projects, create good-paying jobs in communities across the
United States, and strengthen our nationʼs energy security.
“To continue the investment and jobs boom created by the Inflation Reduction Act, Treasury
has focused on providing companies with clarity and certainty needed to secure financing and
advance clean energy projects nationwide” said Deputy Secretary of the Treasury Wally
Adeyemo. “Todayʼs guidance provides clarity for o shore wind and battery storage projects,
as well as small scale projects that need to connect to the grid. Ensuring these projects can
move forward e iciently is key to creating good-paying clean energy jobs and lowering
Americansʼ utility bills.”
“The Inflation Reduction Act has already fueled a clean energy investment boom in America,”
said John Podesta, Senior Advisor to the President for Clean Energy Innovation and
Implementation. “Todayʼs guidance from Treasury on the Investment Tax Credit gives clean
energy developers even more clarity and confidence to continue their momentum.”
The Notice of Proposed Rulemaking (NPRM) provides clarity around the eligibility of power
conditioning and transfer equipment like subsea export cables used in o shore wind projects,
as well as certain power conditioning equipment located in onshore substations.
The NPRM also includes proposed rules around the eligibility of standalone battery storage
for the ITC. This reflects a critical provision in the Inflation Reduction Act to help support the
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11/17/2023

U.S. Department of the Treasury, IRS Propose New Rules to Drive Clean Energy Investments | U.S. Department of t…

development of utility-scale, long-duration energy storage, which is vital to ensuring reliability
as utilities transition to renewable sources like wind and solar.
Additionally, the NPRM includes proposed rules around the inclusion of costs of
interconnection-related property for lower-output clean energy installations, including the
costs of upgrades to local transmission and distribution networks that are necessary to
connect the clean energy. These modifications reflect another critical change in the Inflation
Reduction Act, with the goal of reducing the costs and avoiding delays for new, smaller clean
energy installations to connect to the grid and start producing power.
Lastly, the NPRM proposes updates to a range of other technical definitions and rules that will
further support clarity and certainty for clean energy project developers.
Treasury and the IRS will accept comments on the NPRM for 60 days and will carefully
consider all comments as part of the rulemaking process.
For a full list of the Treasury Departmentʼs work to implement the Inflation Reduction Act, see
below:
August 16, 2022: Treasury Releases Initial Information on Electric Vehicle Tax Credit Under
Newly Enacted Inflation Reduction Act
October 5, 2022: Treasury Seeks Public Input on Implementing the Inflation Reduction Actʼs
Clean Energy Tax Incentives
FACT SHEET: Treasury, IRS Open Public Comment on Implementing the Inflation Reduction
Actʼs Clean Energy Tax Incentives
October 26, 2022: READOUT: Stakeholder Roundtable on Clean Power Generation and the
Inflation Reduction Act
October 27, 2022: READOUT: Stakeholder Roundtable on Climate Impact, Equity, and the
Inflation Reduction Act
FACT SHEET: Four ways the Inflation Reduction Actʼs Tax Incentives Will Support Building an
Equitable Clean Energy Economy
October 31, 2022: READOUT: Stakeholder Roundtable on Investor Perspectives on Climate
Change, Clean Energy, and the Inflation Reduction Act
November 3, 2022: Treasury Seeks Public Input on Additional Clean Energy Tax Provisions of
the Inflation Reduction Act
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U.S. Department of the Treasury, IRS Propose New Rules to Drive Clean Energy Investments | U.S. Department of t…

November 4, 2022: READOUT: Stakeholder Roundtable on Clean Vehicles and the Inflation
Reduction Act
November 29, 2022: Treasury Announces Guidance on Inflation Reduction Actʼs Strong Labor
Protections
December 12, 2022: Treasury and IRS set out procedures for manufacturers, sellers of clean
vehicles
December 19, 2022: Treasury, IRS issue guidance on new Sustainable Aviation Fuel Credit
December 22, 2022: IRS releases frequently asked questions about energy e icient home
improvements and residential clean energy property credits
January 17, 2023: Remarks by Deputy Secretary of the Treasury Wally Adeyemo at White House
event “Lowering Costs: Inflation Reduction Act Briefing”
January 29, 2023: Statement from Deputy Secretary of the Treasury Wally Adeyemo on
Implementation of Strong Inflation Reduction Act Worker Protections
February 3, 2023: Treasury Updates Vehicle Classification Standard for Clean Vehicle Tax
Credits Under Inflation Reduction Act
February 13, 2023: Treasury, Energy Release Guidance on Inflation Reduction Act Programs to
Incentivize Investments in Underserved Communities, Hard-Hit Coal Communities
March 22, 2023: Remarks by Assistant Secretary for Tax Policy Lily Batchelder on
Implementation of the Inflation Reduction Actʼs Clean Energy Provisions
March 31, 2023: Treasury Releases Proposed Guidance on New Clean Vehicle Credit to Lower
Costs for Consumers, Build U.S. Industrial Base, Strengthen Supply Chains
April 4, 2023: Treasury Releases Guidance to Drive Investment to Coal Communities
April 14, 2023: READOUT: Treasury Convenes Roundtable Discussion on Inflation Reduction Act
Incentives for Underserved Communities
April 27, 2023: READOUT: Treasury Department Convenes Roundtable Discussion on Inflation
Reduction Act Incentives for Underserved Communities
May 12, 2023: Treasury Department Releases Guidance to Boost American Clean Energy
Manufacturing

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U.S. Department of the Treasury, IRS Propose New Rules to Drive Clean Energy Investments | U.S. Department of t…

May 31, 2023: U.S. Departments of Treasury and Energy Release Additional Guidance on
Inflation Reduction Act Programs to Incentivize Manufacturing and Clean Energy Investments
in Hard-Hit Coal Communities
June 14, 2023: U.S. Department of the Treasury, IRS Release Guidance on Provisions to Expand
Reach of Clean Energy Tax Credits Through President Bidenʼs Investing in America Agenda
June 15, 2023: U.S. Department of the Treasury, IRS Release Updated Guidance to Drive
Additional Investment to Energy Communities
August 4, 2023: Home energy audits may qualify for an Energy E icient Home Improvement
Credit
August 7, 2023: IRS: Builders of qualified new energy e icient homes might qualify for an
expanded tax credit under Section 45L
August 10, 2023: U.S. Department of the Treasury, IRS Release Final Rules and Guidance on
Investing in America Program to Spur Clean Energy Investments in Underserved Communities
August 29, 2023: U.S. Department of the Treasury, IRS Release Guidance on Inflation
Reduction Act Provision to Ensure Good-Paying Clean Energy Jobs, Expand Clean Energy
Workforce
September 27, 2023: U.S. Department of the Treasury, U.S. Department of Energy, IRS
Announce Date for Opening of Applications for Investing in America Program to Spur Clean
Energy Investments in Underserved Communities
September 27, 2023: U.S. Department of the Treasury, IRS Release Guidance to Lower
Americans Utility Bills, Increase Energy E iciency of Homes
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