UPDATE: Initial reports that the electric vehicle tax credit was killed in the Senate version may have been inaccurate. The text of the amendment contained some obscure language that actually indicates that it was not adopted in the ultimate bill.
Donald Trump’s electoral college win a year ago certainly promised a lot of setbacks to the environmental movement. His administration’s attempts to roll back environmental protections, under-staffing of key agencies enforcing our environmental laws, as well as efforts to prop up dirty energy industries have all taken their toll this year.
However, until the tax bill passed the Senate this week, much of that damage was either relatively limited in scope or thwarted by the courts. But the new tax legislation now passed by both houses of Congress, and still in need of reconciliation and a further vote, could dramatically undercut a number of key environmental measures in ways we haven’t yet seen from this administration.
Originally, there was some hope that Republicans in the U.S. Senate would weaken some of the draconian environmental measures in the original House tax bill. But that was largely dashed by the late Friday night, partisan vote in the U.S. Senate. First, the bill targets clean technology while promoting dirty energy:
- The renewable energy tax credits for wind and solar are severely undercut by an obscure provision in the bill called Base Erosion and Anti-abuse Tax (BEAT), as Greentech Media reports. While analysts are still reviewing the provisions to discern the likely impact, initial assessments are that this bill language could greatly hurt the industry by decreasing the value of the credits.
- Similarly, the reinstatement of the alternative minimum tax for corporations, which was not in the House bill, also hurts the market for renewable tax credits, if not devastates it. By inserting this provision at the very last minute, Senate leaders attempted to offset some of the other tax cuts and projected deficits by ensuring corporations pay a minimum tax. The problem is that it renders many tax credits worthless, as businesses will no longer need them. Particularly hurt are wind energy projects, which rely on the production tax credit, as well as solar projects that rely on the investment tax credit.
- As a dirty cherry on top, the Senate bill opens the Arctic National Wildlife Refuge to oil drilling.
On housing, the tax bill has the potential to devastate affordable housing. Affordable projects often rely on tax credits for financing. As Novogradac & Company writes, the BEAT provision will dampen corporate investors from claiming tax credits like the low-income housing tax credit (LIHTC), new markets tax credit (NMTC), and historic tax credit (HTC), all used to fund affordable and other infill projects. Other changes in the bill promise further dampening of financing for affordable housing.
The only good news for environmental and housing advocates is that there is still a chance to make changes in the bill through the conference committee. And that the provisions here can be rescinded in 2021 with a new congress and president.