The Limit, Save, Grow Act of 2023 (GOP debt ceiling increase)

Residential clean energy credits are reverted to credits for residential energy efficient property. Credits for battery storage technology are removed, biomass expenditure provisions are restored.

Modification of Energy Efficient Commercial Buildings deduction

The efficiency standard is increased from 25 percent to 50 percent. The applicable dollar value for calculating the maximum deduction is increased. If deductions apply to public property, the deduction will be allocated to the designer of the property. The alternative deduction for energy efficient building retrofit property is repealed. Special rule for real estate investment trusts is removed.

Modification of new energy efficient home credit

Extension of credit until 2032 repealed. Credit amounts are decreased, modifications of energy savings requirements are reversed.

Modification of "clean vehicle" credit to only apply to "qualified plug-in electric vehicles"

Repeal of credit for previously owned "clean" vehicles

Repeal of credit for commercial "clean" vehicles

Repeal of Alternative Fuel Refueling Property Credit

Reversal of Advanced Energy Project Credit extension, modification of qualifying projects

Authority of the Secretary to certify project eligibility for credits is revoked. Projects that involve "recycling" are no longer eligible for the credit. Projects involving energy storage systems or components must be for use with electric or hybrid-electric motor vehicles to be eligible for the credit. Grid modernization projects must be specifically for transmission or storage of intermittent sources of "renewable" energy. Projects that "use" or "remove" carbon dioxide emissions are no longer eligible for credits, only projects that squester carbon dioxide. Projects that involve fuel cell vehicles are no longer eligible for credits, but hyrid and electric vehicles are.

Repeal of the Advanced Manufacturing Production Credit

Repeal of the Clean Electricity Production/Clean Electricity Investment Credits

Removal of cost recovery for qualified facilities, property, and energy storage technology

Repeal of Clean Fuel Production Credit

Repeal of sections relating to elective payment for energy property and electricity produced from certain "renewable" sources

Exemption of taxpayers set to receive credits from existing contracts

Rescission of $80 billion in additional funding to the Internal Revenue Service (IRS) allocated by the Inflation Reduction Act

Recalibration of the TANF caseload reduction credit

The caseload reduction credit is a measure states can use to manipulate the work participation rate among recipients of Temporary Assistance for Needy Families funds. The reference year was previously 2005. This bill changes the reference year to 2022. States measure their caseload decline from the reference year, and receive a credit if their caseload has fallen since the reference year.

Elimination of excess maintenance of effort spending in determining TANF caseload reduction credit

Under HHS regulations states may receive caseload reduction credits for spending in excess of their maintenance of effort requirement—the amount of funding states are required to provide from their own budget under the TANF block grant. This provision would nullify this HHS regulation and thus prevent states from “buying down” their WPR and reducing the link between work as a requirement for government assistance.

Elimination of the TANF small checks scheme

In order to meet their WPR, some states send Supplemental Nutrition Assistance Program (SNAP) recipients who are already working an insignificant $20 TANF check so the state can officially count them as part of the TANF caseload and towards their WPR. This provision would disincentivize states to do “small checks” by requiring those families (e.g., working parents in SNAP) to comply with child support and other requirements in TANF.

Reporting of TANF work outcomes

This provision would require HHS to collect data from states on outcome metrics for TANF recipients aligned with employment metrics in the Workforce Innovation and Opportunity Act to provide Congress with data to evaluate TANF’s ability to move individuals off the sidelines into sustainable employment and self-sufficiency.

Raising age exemption from work requirement to receive SNAP from 50 to 56

Restriction of state agencies from accumulating unused SNAP exemptions to be provided beyond the subsequent fiscal year

Modification of SNAP declaration of policy to include assisting recipients in obtaining employment

Community engagement requirements for applicable Medicaid recipients

Bill within a bill - The Regulations from the Executive in Need of Scrutiny Act

Before a federal agency can issue a rule or regulation, the agency must publish data, studies, and cost-benefit analyses the rule is based on. The information must be made available to the public. Major rules cannot take effect without a joint resolution of Congress. The President may may enact a major rule for a 90-day period if the President under certain circumstances, such as a threat to national security or imminent threats to health or safety. Rules concerning monetary policy (implemented by the Federal Reserve or Federal Open Market Committee) are exempted from this act.

Bill within a bill - The Lower Energy Costs Act

The Lower Energy Costs Act includes:

- An assessment of critical minerals supply chains for the energy industry

- A Sense of Congress expressing that states should maintain primacy for the regulation of hydraulic fracturing

- Directing the National Petroleum Council to prepare a report on the capabilities and potential expansion of United States refineries, and risks facing them

- Ordering the expedited granting of Certificates of Crossing to facilities that have requested them for projects that transport oil, natural gas, or electricity across US borders

- Elimination of Presidential Permit requirement for oil/gas pipelines and electric transmission facilities

- Prohibition of revocation of Presidential Permits for pipelines and electric transmission facilities

- A Sense of Congress expressing disapproval of Biden's revocation of the Keystone XL pipeline Presidential Permit

- A Sense of Congress opposing restrictions on the export of petroluem products

- Elimination of authorization order requirement for exporting or importing natural gas

- A Sense of Congress expressing disapproval of the denial of Jordan Cove Energy Project permits (an LNG export terminal project in Oregon that was denied permits by the state of Oregon)

- Streamlining of the permitting process for natural gas pipelines and withdrawal of Federal Energy Regulatory Commission policies that consider climate change and greenhouse gas emissions in the permitting process

- Interim hazardous waste permits for critical energy resource facilities

- Authorization of the Secretary of Energy and EPA Administrator to issue temporary regulatory waivers to facilitate the production of critical energy resources

- Repeal of the methane tax (section 136 of the Clean Air Act)

- Repeal of the Greenhouse Gas Reduction Fund (Section 134 of the Clean Air Act)

- Streamlining and expediting chemical substance review for critical energy resources

- Reduction of regulatory burden concerning the use of hydroflouric acid in alkylation units in refineries

- Repeal of the Inflation Reduction Act's High-Efficiency Electric Home rebate program, State-based Home Energy Efficiency Contractor Training Grants program, Assistance for Latest and Zero Building Energy Code Adoption Program, and rescission of unobligated funds from the programs

- Streamlining of state injection disposal well approvals by Federal regulators

- Requiring the use of index-based pricing in acquisition of petroleum products for the Strategic Petroluem Reserve

- Prohibition of exporting petroleum products drawn from the Strategic Petroleum Reserve to China, North Korea, Russia, Iran, or any other governments under sanction by the US

- A Sense of Congress expressing disapproval of Biden's proposed taxes on the oil and gas industry

- Prohibition of the Biden Administration from enacting rules against gas kitchen ranges and ovens

Bill within a Bill - The Transparency, Accountability, Permitting, and Production of American Resources Act (TAPP American Resources Act):

- TAPP Subtitle A: Onshore and Offshore Leasing and Oversight

- The Department of the Interior must immediately resume onshore and offshore oil and gas lease sales, with a minimum of four onshore sales per year and two offshore sales per region

- The Secretary of the Interior must resolve any protest to a lease sale within 60 days of payment

- The Secretary of the Interior must grant Suspension of Operations permits within 15 days to lease owners who have submitted an expression of interest for adjacent acreage

- The Department of Interior must charge processing fees for protests to lease sales. $150 for ten pages or less, $5 for each additional page. An additional $10 for each addtitional parcel.

- The Department of Interior must submit a comprehensive annual report on the status of all leasing and permits, and make the information publicly available

- The Department of the Interior must prepare a five-year offshore oil and gas leasing program for 2023-2028

- Geothermal lease sales must be conducted annually, and processing must be expedited

- The Department of the Interior must resume coal leases as soon as possible, and the Department of Interior's climate change focus established in January of 2016 shall have no force or effect

- The Communist Party of China is prohibited from acquiring any interest with respect to lands leased for oil and gas under the Mineral Leasing Act or the Outer Continental Shelf Lands Act, or American farmland or any lands used for American renewable energy production

- The GAO must issue a report on wind energy impacts on military readiness/training, marine environment and ecology, and tourism before the Department of the Interior can hold an offshore wind lease sale

- A Sense of Congress expresses the importance of wind energy, and the need to source materials and labor domestically rather than from China

- A Sense of Congress expresses that the royalty rate for onshore federal oil and gas leases should not exceed 12.5 percent

- The Comptroller General must conduct a study to assess the costs and sufficiency of the environmental review processes for offshore wind projects, as well as the effects on marine ecosystems, wildlife, military use, vessel traffic, fishing, and tourism

- TAPP Subtitle B: Permitting Streamlining

- Bill within a bill within a bill: The Builder Act. The law reforms NEPA (National Environmental Policy Act of 1969) environmental reviews by narrowing the environmental impact considerations to those with a demonstrable causal relationship to the project. Agencies must make use of reliable existing data, and their duties are clarified. The law establishes thresholds determinations for preparing environmental documents under NEPA, and sets project review timelines. Litigants must have participated meaningfully in the NEPA process before filing suit.

- The updates to NEPA regulations made in July 2020 are codified into law

- Several federal actions are designated as "non-major" actions with respect to NEPA, such as drilling temperature gradient wells or constructing meteorological towers

- Previously completed NEPA assessments may be used for new similar projects

- Pipeline right-of-way terms set at fifty years maximum

- Offshore oil and gas geophysical surveys are authorized

- Permits to drill may not be deferred as a result of a formatting issue

- The Secretary of the Interior shall process an application for a permit to drill under a valid existing lease (notwithstanding pending civil actions affecting the application or related lease), and the permit will be valid for four years

- The following will not be considered "major Federal action" under NEPA: reinstating a lease, drilling on a pad where previous drilling occurred, expansion of an oil or gas well pad site to accommodate an additional well, expansion/modification of an existing oil/gas well pad site, road, pipeline, facility, or utility submitted in a sundry notice, drilling an oil/gas well on a new site with less than 20 acres of new surface disturbance, construction/realignment of a road, pipeline, or utility within an existing right-of-way.

- No federal drilling permit will be required for accessing federal energy resources from non-federal surface estate

- No federal permit will be required for geothermal activities on certain land

- Environmental reviews for oil/gas leases shall only apply to areas within or immediately adjacent to the lease plot, and shall not require consideration of downstream, indirect effects of oil and gas consumption

- Litigation against lease sales shall be limited to cases where development poses a risk of immediate and substantial environmental harm

- Claims seeking judicial review of permits, licenses, or approvals must be filed within 120 after publication of the notice in the Federal Register of finalized permits, licenses, or approvals. Claims can only be filed by a party that submitted detailed comment during the public comment period.

- The Council on Environmental Quality must submit a study on developing an online portal for permits that require NEPA review

- Certain wildlife mitigation activities are exempted from NEPA requirements

- TAPP Subtitle C: Permitting for Mining Needs

- Establishes timlines for NEPA environmental reviews

- Removal of Federal Register process requirements for certain mining operations

- Designating mining operations and Biden's National Defense Production Act critical minerals order as covered sectors for federal permitting improvement purposes

- Requires operators to provide 15 day notice for mineral explortation activities with a surface disturbance of 5 acres or less of public lands

- Allows holders of mining claims to hold claims on public land with or without a mineral deposit discovery as long as claim maintenance fees are paid

- Designates Uranium as a critical mineral

- Mandates development of a national strategy to re-shore mineral supply chains by the US Geological Survey, in consultation with the Secretaries of Defense, Energy, and State

- Bans foreign-owned public land mining claimants with a known record of human rights violations or illegal mining in foreign countries

- TAPP Subtitle D: Federal Land Use Planning

- Restricts withdrawal of federal lands and waters from entry under the mining laws or operation of the mineral leasing and mineral materials laws

- Prohibits the President from pausing, restricting, or delaying the process for or issuance of oil and gas lease sales, oil and gas leases, drill permits, coal leases or coal permits, or other mineral leases, claims, permits, or approvals

- Prohibits the President or other Cabinet members from rescinding any existing lease, permit, or claim for mineral extraction or production on National Forest System or Bureau of Land Management land, unless specifically authorized by Federal statute or non-compliance on the part of the lessee, permittee, or claimant

- TAPP Subtitle E: Ensuring Competitiveness on Federal Lands

- Reduction of the minimum offshore and offshore oil and gas royalty rate from 16 2/3 percent established by the Inflation Reduction Act to 12.5 percent

- Reduction of the oil and gas lease minimum bid from $10 per acre established by the Inflation Reduction Act to $2 per acre

- Reduction of fossil fuel onshore minimum rental rates that were raised by the Inflation Reduction Act. Current rates under the IRA are $3 per acre for two years, then $5 per acre for the next 6 years, and $15 per acre thereafter. This bill reduces rates to $1.50 per acre for 5 years, and $2 per acre thereafter

- Repeal of the Expression of Interest fee for oil and gas leases

- Modification of regulations related to non-competitive leasing

- TAPP Subtitle F: Energy Revenue Sharing

- The Gulf of Mexico Energy Security Act (GOMESA) is amended to deposit 37.5% of Outer Continental Shelf revenues in the general fund of the Treasury (decreased from 50%). 62.5% (increased from 50%) will be allocated to a special account in the Treasury from which 80% (currently 75%) will be disbursed to Gulf Producing States (Alabama, Louisiana, Mississippi, and Texas), and 20% allocated to all states through the Land and Water Conservation Fund

- GOMESA is also amended to repeal limitations on Outer Continental Shelf revenues payable to Gulf producing states (currently limited at $500,000,000 per year). Currently, revenues in excess amount revert to the general fund of the Treasury

- Amounts disbursed to Gulf producing states will be treated as revenue sharing, not as a federal award or grant

- Offshore wind projects will have their revenue sharing modified to: pay 12.5% of revenue to the Treasury general fund; pay 37.5% to the North American Wetlands Conservation Fund; pay 50% to a special account payable to eligible states within 75 miles of the offshore wind project. Percentages of the revenues must be paid to coastal political subdivisions

- The Administrative Fee under the Mineral Leasing Act is eliminated

Bill within a Bill: The Water Quality Certification and Energy Project Improvement Act

- The Federal Water Pollution Control Act is amended to have more specific language regarding discharges and the granting or denial of discharge certifcations. Deadlines and transparency requirements are placed on regulatory agencies regarding the granting or denial of discharge certifications. The reasons for denying discharge certifications are narrowed.

- The FWPC Act is also modified to grant the Administrator authority to issue general permits for discharges of similar types from similar sources. If the Administrator decides not to issue a new general permit for an expiring one, the Administrator must publish a two year notice in the Federal Register

A $1.5 trillion increase in the United States Debt Limit

Prohibition on Department of Energy regulations banning gas stoves and ranges

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The Limit, Save, Grow Act of 2023 (GOP debt ceiling increase) Link »

Discretionary Spending Limits through 2033

Rescission of unspent coronavirus relief funds

Nullification of executive actions to suspend or discharge student loan debt

Limitations on executive actions and regulations that impose economic costs of $100 million

Repeal of tax credits for new "renewable" energy projects

Repeal of tax credit increase for solar/wind energy facilities for low-income communities

Repeal of zero-emission nuclear power production tax credit

Rescission of Inflation Reduction Act funding

Repeal of sustainable aviation fuel credit

Repeal of clean hydrogen credits

Reduction of energy efficient home improvement credits

Modification of residential clean energy credits