The bill shifts tax policy away from subsidizing enhanced oil recovery and preserves credit treatment for projects already underway, trading reduced taxpayer support for fossil-fuel production against weaker incentives for new carbon-capture/EOR investment with attendant economic and environmental risks.
Taxpayers (broadly) will no longer subsidize enhanced oil recovery through the Section 43 credit, reducing a government tax preference for fossil-fuel producers and lowering taxpayer support for that activity.
Utilities and energy companies and the broader policy landscape face a tax code that is more aligned with climate policy goals by removing a targeted fossil-fuel tax incentive.
Owners/operators of existing qualified 45Q projects that began before enactment keep their current 45Q treatment, preserving expected tax credits and planned project economics.
Developers, operators, and suppliers for new carbon-capture and enhanced oil recovery (EOR) projects lose key tax incentives (45Q for tertiary injectant use and/or Section 43), reducing after-tax returns, likely dampening new investment, risking job losses in the sector, and potentially raising consumer energy costs.
Communities (urban and rural) and the climate face greater risk because reduced financial incentives may slow deployment of carbon capture and storage (CCS), potentially leaving more CO2 in the atmosphere.
Taxpayers and filers may experience transitional complexity and administrative burden as the IRS and affected parties adjust to restructured cross-references and carryforward rules.
Based on analysis of 3 sections of legislative text.
Deletes the enhanced oil recovery tax credit and bars use of carbon oxide as a tertiary injectant for newly constructed qualified facilities, amending tax-code cross-references.
Introduced March 26, 2026 by Jeff Merkley · Last progress March 26, 2026
Eliminates key federal tax incentives for enhanced oil recovery (EOR) by removing the existing enhanced oil recovery credit from the Internal Revenue Code and by prohibiting use of carbon oxide as a tertiary injectant for newly constructed facilities begun after enactment. The changes amend multiple tax-code cross-references and take effect for taxable years beginning after the date of enactment.