Overview

Title

To amend the Internal Revenue Code of 1986 to modify the carbon oxide sequestration credit to ensure parity for different uses and utilizations of qualified carbon oxide.

ELI5 AI

The "Enhanced Energy Recovery Act" is a new rule that changes how a special tax credit works for catching carbon, making sure everyone gets a fair deal no matter how they use the carbon, like storing it or using it to get more oil. The amount of this tax credit will change with inflation, to make sure it stays useful over time.

Summary AI

S. 5212, titled the “Enhanced Energy Recovery Act,” is designed to amend the Internal Revenue Code of 1986. It changes the carbon oxide sequestration tax credit to ensure equal benefits for different uses of carbon oxide, including geological storage, use as an injectant in oil or gas recovery, and other specified utilizations. The bill updates the monetary amounts associated with this tax credit, setting a new rate that accounts for inflation, and applies these changes starting after December 31, 2024.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-25
Package ID: BILLS-118s5212is

Bill Statistics

Size

Sections:
2
Words:
784
Pages:
4
Sentences:
15

Language

Nouns: 169
Verbs: 59
Adjectives: 27
Adverbs: 1
Numbers: 56
Entities: 41

Complexity

Average Token Length:
3.59
Average Sentence Length:
52.27
Token Entropy:
4.48
Readability (ARI):
24.45

AnalysisAI

Overview of the Enhanced Energy Recovery Act

The Enhanced Energy Recovery Act, introduced to modify the carbon oxide sequestration credit under the Internal Revenue Code, aims to ensure parity for different uses and utilizations of qualified carbon oxide. Broadly speaking, this bill seeks to amend existing tax regulations to update the conditions under which carbon oxide credits can be applied, thereby impacting how certain industries manage their carbon emissions.

Significant Issues

One of the primary issues with the bill is its use of complex legal and tax terminology, which may be challenging for the average person to understand. This complexity might obscure the bill’s intentions and objectives to the general public. Furthermore, the legislation includes adjustments to monetary values without a clear explanation of how they are calculated or the contexts in which they apply. This could lead to varied impacts on different taxpayers, creating a need for more transparency.

Moreover, there are concerns about the specificity of terms such as "secure geological storage" and "qualified enhanced oil or natural gas recovery project." These terms might limit the application of the law, potentially favoring certain industries or practices over others, which may not align with the bill's aim of ensuring parity among different carbon oxide utilizations.

Lastly, there is a lack of clarity regarding the long-term effects of these amendments. This makes it difficult to assess the effectiveness of the legislation in achieving broader environmental goals or ensuring efficient use of public funds.

Potential Impacts on the Public and Stakeholders

The bill could broadly influence how industries involved in carbon oxide sequestration and utilization perform these activities, affecting their operational and financial decisions. By altering how carbon credits are structured, it might incentivize the adoption of specific technologies or methods of carbon disposal, potentially leading to broader environmental benefits.

For taxpayers, the bill could have different financial implications depending on how the amendments adjust their tax liabilities under varying inflationary conditions. It is essential for the adjustments to be transparent and equitable to prevent any undue financial burdens on specific groups.

On the industry side, stakeholders directly involved in carbon management could experience both positive and negative impacts. Industries compliant with the bill’s specific provisions might benefit from increased credits, while others struggling to meet these qualifications could face financial challenges. This raises a potential concern that the bill may inadvertently favor larger companies with more resources over smaller firms.

In conclusion, while the Enhanced Energy Recovery Act aims to address and facilitate better carbon management practices, careful consideration must be given to its detailed provisions to ensure they are fair, clear, and effective for all stakeholders involved. Equally important is the need to balance potential environmental benefits against economic impacts on different sectors to maximize the broader public good.

Financial Assessment

The bill, S. 5212, titled the “Enhanced Energy Recovery Act,” proposes changes to the Internal Revenue Code of 1986, specifically targeting the carbon oxide sequestration tax credit. These proposed changes are primarily financial in nature, aimed at ensuring that different methods of utilizing or storing carbon oxide receive equivalent tax benefits.

Financial Summary

The bill impacts the financial aspects of the carbon oxide sequestration tax credit, which is detailed in Section 2, subsection (b). It prescribes a new dollar amount for the tax credit, which is intended to adapt over time with inflation. The applicable dollar amount is set at $17 for taxable years starting after 2024 and before 2027. Furthermore, for taxable years beginning after 2026, this amount will be adjusted annually based on an "inflation adjustment factor" derived from a formula referencing the year 2025. There’s also a provision stating the substitution of $36 for $17 under certain conditions. These adjustments intend to maintain the credit’s real value over time, notwithstanding inflationary pressures.

Relation to Identified Issues

A significant issue identified involves the lack of a clear explanation regarding how the "inflation adjustment factor" operates. Without detailed guidance, this could become a source of confusion for taxpayers, potentially leading to inconsistent application and differing financial impacts across varying economic conditions. The lack of clarity could especially affect entities unfamiliar with such adjustment mechanisms, creating room for potential error and misjudgment about the credit's actual value over time.

The use of specific terms such as "secure geological storage" and "qualified enhanced oil or natural gas recovery project" in the financial provisions could inadvertently narrow the scope of the tax credit's application. While the intention may be to provide parity across different uses of carbon oxide, the specifics might favor certain industries, consequently affecting the perceived fairness in the distribution of financial incentives.

The complex language and technical nature of the tax and legal terminology employed in the financial sections might be challenging for the general public to grasp. This complexity could lead to misunderstandings about the bill's objectives and financial implications, possibly hindering its intended encouraging effect on diverse carbon utilization practices.

Lastly, while the amendments specify monetary changes, there's scant information on the long-term impact these financial alterations might have. These details are crucial in assessing whether the modifications contribute to constructive environmental and economic outcomes or, conversely, lead to unforeseen expenditures or inefficiencies.

Issues

  • The modifications to the monetary values and terms like 'inflation adjustment factor' in Section 2, subsection (b), paragraph (1)(A) lack clear explanation or context, which might result in misinterpretation and could have varying impacts on taxpayers depending on how these factors are applied across different inflationary conditions.

  • The specificity of terms such as 'secure geological storage' and 'qualified enhanced oil or natural gas recovery project' in Section 2, subsection (a), paragraph (3), could potentially limit the application of the law, favoring certain industries or practices and affecting parity among different carbon oxide utilizations.

  • The complex legal and tax terminology used in Section 2 might be difficult for the general public to understand, potentially leading to misunderstandings about the bill's intentions and objectives.

  • The lack of clarity on the long-term impact or goals of the amendments in Section 2 related to carbon oxide utilization and storage makes it difficult to evaluate the effectiveness of the legislation and its potential for wasteful spending.

  • The amendments in Section 2 that replace specific monetary amounts, particularly in subsection (b) paragraph (1)(B), could affect taxpayers differently when inflation adjustments are made, requiring further analysis to ensure equitable application.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act simply states its name, which is the “Enhanced Energy Recovery Act.”

2. Parity for different uses and utilizations of qualified carbon oxide Read Opens in new tab

Summary AI

The section revises the Internal Revenue Code to update provisions related to the use and storage of carbon oxide in various projects, adjusting how certain dollar amounts are calculated and applied for tax purposes based on the year and inflation adjustments, effective for taxable years starting after December 31, 2024.

Money References

  • (a) In general.—Section 45Q of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)— (A) in paragraph (2)(B)(ii), by adding “and” at the end, (B) in paragraph (3), by striking subparagraph (B) and inserting the following: “(B)(i) disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in clause (ii) or (iii), “(ii) used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage, or “(iii) utilized by the taxpayer in a manner described in subsection (f)(5).”, and (C) by striking paragraph (4), and (2) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: “(A) Except as provided in subparagraph (B) or (C), the applicable dollar amount shall be an amount equal to— “(i) for any taxable year beginning in a calendar year after 2024 and before 2027, $17, and “(ii) for any taxable year beginning in a calendar year after 2026, an amount equal to the product of $17 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting ‘2025’ for ‘1990’.”, and (ii) in subparagraph (B), by striking “shall be applied” and all that follows through the period and inserting “shall be applied by substituting ‘$36’ for ‘$17’ each place it appears.”, (B) in paragraph (2)(B), by striking “paragraphs (3)(A) and (4)(A)” and inserting “paragraph (3)(A)”, and (C) in paragraph (3), by striking “the dollar amounts applicable under paragraph (3) or (4)” and inserting “the dollar amount applicable under paragraph (3)”, (3) in subsection (f)— (A) in paragraph (5)(B)(i), by striking “(4)(B)(ii)” and inserting “(3)(B)(iii)”, and (B) in paragraph (9), by striking “paragraphs (3) and (4) of subsection (a)” and inserting “subsection (a)(3)”, and (4) in subsection (h)(3)(A)(ii), by striking “paragraph (3)(A) or (4)(A) of subsection (a)” and inserting “subsection (a)(3)(A)”. (b) Conforming amendment.—Section 6417(d)(3)(C)(i)(II)(bb) of the Internal Revenue Code of 1986 is amended by striking “paragraph (3)(A) or (4)(A) of section 45Q(a)” and inserting “section 45Q(a)(3)(A)”.