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S. 2291Senate117th Congress (2021-2023)In Committee

Zero-Emission Nuclear Power Production Credit Act of 2021

Sponsored by Benjamin L. CardinSen. Benjamin L. Cardin (D-MD)
Introduced June 24, 2021

AI-Generated Summary

Updated February 8, 2026 at 4:49 AM UTC

The bill adds a new tax credit, called the zero‑emission nuclear power production credit, for owners of nuclear plants that generate and sell electricity. The credit equals 1.5 ¢ per kilowatt‑hour sold, subject to reduction formulas and inflation adjustments. It applies to qualified nuclear facilities and includes rules on phase‑out, direct‑payment elections, labor standards, and reporting. The credit is effective for electricity produced after Dec 31 2021.

Key Provisions

  • Creates Section 45U in the Internal Revenue Code, providing a credit of 1.5 ¢ per kWh of electricity produced and sold by a qualified nuclear power facility.
  • Defines “qualified nuclear power facility” as taxpayer‑owned nuclear plants not covered by certain existing provisions and not advanced nuclear facilities without an allocation.
  • Sets a “reduction amount” that limits the credit to the lesser of the calculated credit or 80 % of excess gross receipts over a baseline (2.5 ¢ per kWh).
  • Allows taxpayers to elect a direct cash payment of the credit, with timing and income‑exclusion rules, and prevents double benefits.
  • Adjusts the credit amounts for inflation each year and phases out the credit when national electricity‑sector emissions fall to 50 % of 2020 levels.
  • Requires contractors and subcontractors at nuclear facilities to use at least 15 % qualified apprentices and includes recapture provisions for labor‑pay violations.
  • Adds the credit to the list of allowable credits under Section 38, mandates a GAO report by Jan 1 2025, and sets the credit’s termination after 2031.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

Finance Committee

June 24, 2021

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SenateIntro Referral

Introduced in Senate

June 24, 2021

SenateIntro Referral

Read twice and referred to the Committee on Finance.

Finance Committee

June 24, 2021

Bill Text

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Introduced in SenateIssued June 24, 2021

II

117th CONGRESS

1st Session

S. 2291

IN THE SENATE OF THE UNITED STATES

June 24, 2021

Mr. Cardin (for himself, Mr. Manchin, Mr. Carper, Mr. Whitehouse, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to establish a tax credit for production of electricity using nuclear power.

1.

Short title

This Act may be cited as the Zero-Emission Nuclear Power Production Credit Act of 2021.

2.

Zero-emission nuclear power production credit

(a)

In general

Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

45U.

Zero-emission nuclear power production credit

(a)

Amount of credit

For purposes of section 38, the zero-emission nuclear power production credit for any taxable year is an amount equal to the amount by which—

(1)

the product of—

(A)

1.5 cents, multiplied by

(B)

the kilowatt hours of electricity—

(i)

produced by the taxpayer at a qualified nuclear power facility, and

(ii)

sold by the taxpayer to an unrelated person during the taxable year, exceeds

(2)

the reduction amount for such taxable year.

(b)

Definitions

(1)

Qualified nuclear power facility

For purposes of this section, the term qualified nuclear power facility means any nuclear facility—

(A)

which is owned by the taxpayer and which uses nuclear energy to produce electricity,

(B)

which is not described in section 168(i)(10), and

(C)

which is not an advanced nuclear power facility, as defined in subsection (d)(1) of section 45J, or which has not received an allocation under subsection (b) of such section.

(2)

Reduction amount

(A)

In general

For purposes of this section, the term reduction amount means, with respect to any qualified nuclear power facility for any taxable year, the amount equal to the lesser of—

(i)

the amount determined under subsection (a)(1), or

(ii)

the amount equal to 80 percent of the excess of—

(I)

subject to subparagraph (B), the gross receipts from any electricity produced by such facility and sold to an unrelated person during such taxable year, over

(II)

the amount equal to the product of—

(aa)

2.5 cents, multiplied by

(bb)

the amount determined under subsection (a)(1)(B).

(B)

Treatment of certain receipts

(i)

In general

The amount determined under subparagraph (A)(ii)(I) shall include any amount received by the taxpayer during the taxable year with respect to the qualified nuclear power facility from a zero-emission credit program unless the amount received by the taxpayer is subject to reduction—

(I)

by the full amount of the credit determined under this section, or

(II)

by any lesser amount if such amount entirely offsets the amount received from a zero-emission credit program.

(ii)

Zero-emission credit program

For purposes of this subparagraph, the term zero-emission credit program means any State or local government program that provides payments to a qualified nuclear power facility for, in whole or in part, the zero-emission, zero-carbon, or air quality attributes of any portion of the electricity produced by such facility.

(3)

Electricity

For purposes of this section (with the exception of subsection (d)(3)), the term electricity means the energy produced by a qualified nuclear power facility from the conversion of nuclear fuel into electric power.

(c)

Election for direct payment

(1)

In general

In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any portion of the credit which would (without regard to this subsection) be determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A for the taxable year equal to the amount of such portion.

(2)

Timing

The payment described in paragraph (1) shall be treated as made on the later of the due date of the return of tax for the taxable year or the date on which such return is filed.

(3)

Exclusion from gross income

Gross income of the taxpayer shall be determined without regard to this subsection.

(4)

Denial of double benefit

Solely for purposes of section 38, in the case of a taxpayer making an election under this subsection, the credit determined under subsection (a) shall be reduced by the amount of the portion of such credit with respect to which the taxpayer makes such election.

(5)

Exclusion of tax-exempt entities

This subsection shall not apply to any entity described in section 168(h)(2).

(d)

Other rules

(1)

Inflation adjustment

In the case of calendar years beginning after 2021, the 1.5 cent amount in subsection (a)(1)(A) and the 2.5 cent amount in subsection (b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), as applied by substituting calendar year 2020 for calendar year 1992 in subparagraph (B) thereof) for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.

(2)

Special rules

Rules similar to the rules of paragraphs (1), (3), (4), and (5) of section 45(e) shall apply for purposes of this section.

(3)

Phaseout of credit

If the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines that the annual greenhouse gas emissions from electricity production in the United States for a calendar year are equal to or less than 50 percent of the annual greenhouse gas emissions from electricity production in the United States for calendar year 2020, the amount of the credit determined under the subsection (a) shall be reduced by an amount equal to the product of—

(A)

the amount of credit determined under the subsection (a), as determined before application of this paragraph, multiplied by

(B)

an amount (expressed as a percentage) equal to twice the percentage amount that the percentage determined by the Secretary pursuant to this paragraph exceeds 50 percent.

(4)

Ultimate purchaser

For purposes of this section, electricity produced by the taxpayer will be treated as sold to an unrelated person if the ultimate purchaser of such electricity is unrelated to such taxpayer.

(e)

Recapture

(1)

In general

The Secretary, in consultation with the Secretary of Energy and the Secretary of Labor, shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) for any taxable year if the Secretary determines that—

(A)

any contractor or subcontractor has failed to pay a laborer or mechanic employed by the contractor or subcontractor in the performance of any construction, repair, alteration, or maintenance with respect to the qualified nuclear power facility during such taxable year wages at rates not less than the rates prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code,

(B)

any such contractor or subcontractor has failed to make the records required under paragraph (2) available to the Secretary for the purposes described in such paragraph, or

(C)

any contractor or subcontractor has failed to satisfy the requirements under subsection (f) during such taxable year.

(2)

Investigation

Upon receipt of a complaint or its own initiative, the Secretary, in consultation with the Secretary of Energy and the Secretary of Labor, shall request and review the payroll records of contractors and subcontractors engaged in the performance of any construction, repair, alteration, or maintenance with respect to a qualified nuclear power facility, and interview individuals employed by such contractors and subcontractors, to determine whether the requirements of paragraph (1)(A) and (1)(C) have been met.

(3)

Administration and enforcement

With respect to the administration and enforcement of the standards in paragraph (1)(A) and (1)(C), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

(f)

Use of qualified apprentices

(1)

In general

All contractors and subcontractors engaged in the performance of construction, repair, alteration, or maintenance with respect to the qualified nuclear power facility shall, subject to paragraph (2), ensure that not less than 15 percent of the total labor hours of such work be performed by qualified apprentices.

(2)

Apprentice-to-journeyworker ratio

The requirement under paragraph (1) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency.

(3)

Participation

Each contractor and subcontractor who employs 4 or more individuals to perform construction, repair, alteration, or maintenance with respect to the qualified nuclear power facility shall employ 1 or more qualified apprentices to perform such work.

(4)

Exception

Notwithstanding any other provision in this subsection, this section shall not apply in the case of a taxpayer who—

(A)

demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, repair, alteration, or maintenance; and

(B)

makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this subsection.

(5)

Definitions

In this subsection:

(A)

Labor hours

The term labor hours—

(i)

means the total number of hours devoted to the performance of construction, repair, alteration, or maintenance by employees of the contractor or subcontractor; and

(ii)

excludes any hours worked by—

(I)

foremen;

(II)

superintendents;

(III)

owners; or

(IV)

persons employed in a bona fide executive, administrative, or professional capacity (within the meaning of those terms in part 541 of title 29, Code of Federal Regulations).

(B)

Qualified apprentice

The term qualified apprentice means an individual who is an employee of the contractor or subcontractor and who is participating in a registered apprenticeship program, as defined in section 3131(e)(3)(B).

(g)

Termination

This section shall not apply to taxable years beginning after December 31, 2031.

.

(b)

Conforming amendments

(1)

Section 38(b) of the Internal Revenue Code of 1986 is amended—

(A)

in paragraph (32), by striking plus at the end,

(B)

in paragraph (33), by striking the period at the end and inserting , plus, and

(C)

by adding at the end the following new paragraph:

(34)

the zero-emission nuclear power production credit determined under section 45U(a).

.

(2)

The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 45U. Zero-emission nuclear power production credit.

.

(c)

Report

Not later than January 1, 2025, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allowed for qualified nuclear power facilities under section 45U of the Internal Revenue Code of 1986 (as added by subsection (a)), which shall include—

(1)

an evaluation of the effectiveness of the credits allowed under such section in regards to ensuring grid reliability while avoiding emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants;

(2)

a quantification of the ratepayer savings achieved as a result of the credits allowed under such section; and

(3)

any recommendations to renew or expand the credits allowed under such section.

(d)

Effective date

This section shall apply to electricity produced and sold after December 31, 2021, in taxable years beginning after such date.