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Driven by the demand for AI-ready cloud infrastructure, the market cap for global data center construction, currently valued at more than $250 billion, is set to double in less than ten years, reaching half a trillion dollars by 2034.

After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete.

Just in time for the Christmas holiday, early this morning the U.S. Internal Revenue Service (“IRS”) and Department of Treasury (“Treasury”) released highly anticipated regulations governing the Section 45V Clean Hydrogen Tax Credit.

On December 14, 2023, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued proposed regulations (the “Proposed Regulations”) providing additional guidance to taxpayers on the advanced manufacturing production credit (the “AMP Credit”) available under section 45X of the Internal Revenue Code of 1986, as amended (the “Code”).

On November 17, 2023, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (the “Service”) issued proposed regulations [REG-132569-17] regarding the definition of “energy property” and related rules applicable to the energy credit (the “Proposed Regulations”) available under section 48 of the Internal Revenue Code of 1986, as amended (the “Code”).

The Bipartisan Infrastructure Law (“BIL”) and Inflation Reduction Act (“IRA”) allocated $97 billion to the Department of Energy (“DOE”) to fund energy-related projects, which has spurred the DOE to create numerous new grant and loan programs.

On August 29, 2023, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) issued proposed regulations (the “Proposed Regulations”) providing proposed rules governing the prevailing wage and apprenticeship requirements (together, the “Labor Requirements”) impacting a broad swath of clean energy tax credits included in the Inflation Reduction Act of 2022 (the “IRA”) (i.e., sections 30C, 45, 45L, 45U, 45Q, 45V, 45Y, 45Z, 48, 48C, 48E, and 179D¹ of the Internal Revenue Code of 1986, as amended).

 

In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at fast-tracking the development of high-voltage electric transmission facilities.

On August 10, 2023, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) issued final regulations (the “Final Regulations”) providing additional guidance to taxpayers on the “Low-Income Communities Bonus” (“LICB”) available under section 48(e) of the Internal Revenue Code of 1986, as amended.

In this program, Vinson & Elkins lawyers walk through notable climate and energy programs and clean energy tax provisions in the Act and unpack what this means for the future of renewable energy in the U.S.