WASHINGTON – U.S. Senator Kevin Cramer (R-ND), a Senate Environment and Public Works (EPW) Committee member, joined Senators Tina Smith (D-MN) and Shelley Moore Capito (R-WV) in introducing the Carbon Capture Utilization and Storage Tax Credit Amendments Act.


“North Dakota is leading the way in the development of clean, reliable energy by investing and applying carbon capture and use technologies to lignite, oil, and ethanol facilities. By extending and expanding access to carbon capture tax credits, our bipartisan bill would allow innovators in our state to increase their investments, further research the technologies, and ultimately lower emissions,” said Senator Cramer. “If our shared goal really is providing reliable energy while protecting the environment, Congress should pass our legislation and the Biden Administration should support it.”


This legislation would make improvements to ensure producers get the maximum potential out of carbon capture utilization and storage (CCUS) credits. Specifically, it would:

  • Extend “commence construction” window to 2030,
  • Reduces reliance on third-party financiers by allowing for direct payment of the carbon capture credits,
  • Increase support for direct air capture (DAC) of CO2 from the atmosphere,
  • Allow the 45Q credit to offset tax obligations due to the Base Erosion Avoidance Tax (BEAT), and
  • Revise 48A credit to make it work for CCUS retrofits.


Senator Cramer worked with North Dakota’s energy producers and utilities to get the Trump Administration to issue guidance clarifying how carbon capture tax credits can be used. After it was finally proposed, North Dakota energy leaders thanked Senator Cramer for his work and joined him in offering statements supporting the proposal. Now, the senator is working with his colleagues to keep the credits available to ensure they can be used to their fullest potential.


Senators Cramer, Smith, and Capito are joined on the bill by Senators Sheldon Whitehouse (D-RI), Brian Schatz (D-HI), John Hoeven (R-ND), Joe Manchin (D-WV), John Barrasso (R-WY), Chris Coons (D-DE), Chuck Grassley (R-IA), Ben Ray Luján (D-NM), and Joni Ernst (R-IA).  


Click here to read the text of the bill.