Energy Freedom Act
The Energy Freedom Act (H.R. 3330) is a bill introduced in the 119th Congress that would repeal a wide range of federal tax subsidies and incentives designed to promote energy efficiency, renewable energy, clean transportation, biofuels, and related technologies. If enacted, the bill would terminate many existing tax credits and deductions in the Internal Revenue Code, and it would also repeal certain sections that govern elective payment systems and transfer of credits. The effective dates in the bill generally place the repeal in effect for property placed in service or transactions occurring after December 31, 2025 (with several provisions referencing the day before the enactment for conforming adjustments). In addition, the bill would repeal the federal government’s tax treatment of petroleum (a major shift in energy policy) and would remove sections dealing with the transfer and elective payment of energy credits. In short, the bill represents a sweeping reversal of federal tax incentives that currently support home energy improvements, solar and other renewables, electric and clean vehicles, biofuels, carbon capture, hydrogen, nuclear, and related energy investments, along with a repeal of the petroleum-related tax framework. As introduced, it would shift the United States away from these targeted subsidies starting in 2026 and beyond, with broad policy and market implications for households, industry, investors, and climate policy.
Key Points
- 1Comprehensive repeal of energy-related tax incentives. The bill would repeal major credits including:
- 2- Energy efficient home improvement credit (25C) and residential clean energy credit (25D).
- 3- Previously-owned clean vehicles credit (25E) and related vehicle credits (30D) for new and used clean vehicles.
- 4- Alternative fuel vehicle refueling property credit (30C) and clean vehicle credit (30D) (with conforming changes to related rules).
- 5- Second generation biofuel producer credit and incentives for biodiesel, renewable diesel, and other alternative fuels (various sections including 40A, 6426, 6427, 6427(e), and related provisions).
- 6- Sustainable aviation fuel credit (40B) and related alcohol fuel credits.
- 7- Electricity produced from certain renewable resources credit (45 and related sections like 45J, 45K) and multiple other clean energy production credits (45V, 45W, 45X, 45Y, 45Z, etc.).
- 8- Carbon oxide sequestration credit (45Q), zero-emission nuclear power production credit (45U), and clean hydrogen production credit (45V).
- 9- Qualified commercial clean vehicles credit (45W), advanced manufacturing production credit (45X), and clean electricity production/investment credits (45Y, 48E, and related sections).
- 10- Energy credit under section 48 and the qualifying advanced energy project credit (48C).
- 11- Energy efficient commercial buildings deduction (179D).
- 12Broad timeline for repeal. The amendments generally apply to:
- 13- Property placed in service after December 31, 2025 (most credits).
- 14- Vehicles acquired after December 31, 2025 (vehicle-related credits).
- 15- Several sections specify “as in effect on the day before the enactment” for certain conforming amendments, indicating transitional rules tied to the Energy Freedom Act’s effective date.
- 16Repeal of the petroleum tax framework. The bill would repeal Subchapter A of Chapter 38 (the petroleum taxes framework) and adjust related provisions across the Code to remove those taxes, with several conforming amendments to other sections. This is a major policy shift away from federal petroleum taxation.
- 17Repeal of sections governing elective payment and transfer of credits. Sections 6417 and 6418 (which deal with elective payment for energy property and electricity produced from renewable resources, and transfer of credits) would be repealed, eliminating those optional election mechanisms and credit transfer features.
- 18Overall scope and intent. The bill is titled the Energy Freedom Act and is framed as repealing “green energy tax subsidies.” If enacted, it would significantly reduce or remove federal incentives intended to accelerate energy efficiency, renewable energy deployment, low-emission vehicles, biofuels, and related technologies.