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Congress Updates US Energy Policy, Incorporates Energy-Related Tax Provisions Through Consolidated Appropriations Act, 2021 | Morgan Lewis


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The US Congress has adopted the first extensive update to US federal energy policies in over a decade in the Energy Act of 2020 (Energy Act), which President Donald Trump signed into law on December 27 as part of the
Consolidated Appropriations Act, 2021. The Consolidated Appropriations Act also includes the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Taxpayer Act), which includes tax provisions important to the energy sector.
TAXPAYER ACT
The Taxpayer Act helpfully extends the sunset or phasedown periods of federal tax credits related to the development and operation of certain renewable energy electric generating facilities, and provides new tax credit extension rules specifically applying to offshore wind power electric generating facilities. The Act also provides eligibility extensions for tax benefits applying to other “green” technologies, including the carbon capture and sequestrat ....

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