Provisions on the duration of solar container for new energy supporting

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Provisions on the duration of solar container for new energy supporting

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Introduction

The One Big Beautiful Bill Act (the “OBBBA”), signed into law on July 4, includes an early sunset provision for the CEPC and CEIC for solar and wind projects. The New Notice provides highly-anticipated guidance on the beginning of construction standard for purposes of qualifying solar and wind projects for the clean electricity production credit under Section 45Y (the “CEPC”) and the clean electricity investment credit under Section 48E (the “CEIC”). New rules may mean revamped project plans and business models to ensure tax credit eligibility. On August 15, 2025, the Department of Treasury and the Internal Revenue Service (“IRS”) released guidance for wind and solar facilities under Sections 45Y and 48E (the “Tech-Neutral Tax Credits”) in the form of IRS Notice 2025-42 (the “Notice”). On July 7, 2025, President Donald Trump signed an executive order directing the U.