Some time back I posted a proposal arguing that Section 1031 of the tax code should be altered to provide oil and gas companies a “one-way swinging door” from fossil to green. In a nutshell, the current tax code allows these companies to sell fossil development assets and defer recognizing the gain on the sale if they then reinvest in a “like-kind” asset. Like-kind, of course, means fossil. The code does not allow O&G companies to use this powerful tool to shift their focus away from fossil and into green technologies.
Since the Obama administration has made the migration to sustainable energy a priority, the proposed modification to Section 1031 not only makes solid intuitive sense, it also sounds like a good idea to literally everyone we’ve talked to (a list that includes tax professionals, investors, lawyers, senior corporate leaders, oil and gas industry executives, journalists, academics and Congressional staffers).
As we continue seeking to draw more interested parties into this discussion, we thought it might make sense to have a similar look at another industry implicated by this strategy, coal. I charged Lauren McNitt (School of Journalism and Mass Communication, University of Colorado) and Wenting Zhang (Daniels College of Business, University of Denver), who are interning with Accruit for the summer, with taking a look at the coal industry, which is necessarily implicated in any meaningful attempt to green our economy. While there’s no evidence that coal companies currently have an appetite for this kind of reinvestment (perhaps because they’ve never thought of it), it nonetheless makes sense to begin aligning the tax code with our long-term goals today. As the authors suggest, our shift away from coal is a matter of when, not if. – Sam Smith
Overview
The U.S. coal mining industry reaps $25 billion in annual revenue and is second in the world in terms of production. The top ten coal companies, such as Peabody Energy, Rio Tinto and Arch Coal control about 48.5 percent of electricity generated in the U.S.. The fate of the U.S. coal mining industry relies on the electric utilities industry’s continued use of coal.
Coal: State of the Industry
Coal power plants, which account for a New York Times noted the following provisions in the bill:
A large sum for energy efficiency, including $5 billion for low-income weatherization programs; over $6 billion in grants for state and local governments; and several billion to modernize federal buildings, with a particular emphasis on energy efficiency;
$11 billion for “smart grid” investments;
$3.4 billion for carbon capture and sequestration demonstration projects (sometimes referred to as “clean coal”);
$2 billion for research into batteries for electric cars;
$500 million to help workers train for “green jobs”;
a three-year extension of the “production tax credit” for wind energy (as well as a tax credit extension for biomass, geothermal, landfill gas and some hydropower projects); and
the option, available to many developers, of turning their tax credits into direct cash, with the government underwriting 30 percent of a project’s cost.
The emphasis on greening our economy continued with the introduction of a climate bill currently under debate in the Senate, H.R. 2454: American Clean Energy and Security Act).
What legislators are ignoring
The goal of these bills is to facilitate the transition to a clean energy economy, yet the legislation is missing a key provision that would encourage companies in the fossil fuel mining and utilities industries to begin a crossover to the renewable energy sector: a revision of the tax code to allow companies to employ 1031 Like-Kind Exchanges (LKEs) when transitioning from fossil to renewable energy assets.
The bills instead address the negative effects of the fossil fuel industry on the environment (in particular coal fired power plants) by proposing cap-and-trade policies. If passed, cap-and-trade will require carbon-emitting companies to buy permits that allow them to emit a specific amount of carbon. Companies looking to decrease the number of permits they buy may potentially invest in controversial carbon capture technology instead of investing in proven renewable energy technologies.
CCS technology is not a long-term solution
This presents a problem since, as reported in the Lake Nios disaster, where the lake released a concentrated bubble of carbon dioxide and killed approximately 1,700 people.
Additionally, the equipment that captures and stores carbon consumes large amounts of energy, requiring the generation of yet additional carbon. Keith Johnson of the new book by Harvard University’s Belfer Center estimates that clean coal plants use 30% more energy than traditional plants – that is, clean coal plants require more coal to produce the same amount of energy as dirty coal plants.
The 150 megawatt wind farm costs about $225 million, meaning wind farms are approximately $1 billion less expensive to build (at least on that scale).
Even if safe, energy-efficient, inexpensive carbon capture and sequestration technology is developed, coal reserves are not unlimited. The government estimates that the U.S. has enough coal in the ground to last 240 years. However, this estimate is misleading. As recently noted in the