A new report from nonprofit The Climate Center has unearthed historical documents that show the big oil companies orchestrated a tax break that allows them to avoid paying an estimated $75 million to $146 million a year.
The California Legislature adopted the so-called "Water's Edge" tax policy in 1986.
Barry Vesser, chief operating officer with The Climate Center, said it allows companies to decide which of their earnings are taxable in California, and exclude those linked to operations elsewhere, thus dramatically reducing what they owe in taxes.
"The report shows is that companies like Chevron and Shell and Exxon, back in the '70s and '80s, worked really hard to get this exemption into the tax code, in spite of the fact that lots of advocates and many people in government were saying that this is a bad idea, including the head of the Franchise Tax Board at the time," Vesser explained.
The report estimates that "Water's Edge" costs California about $4 billion a year across all industries. The oil companies argue that it is unfair for a state to tax their global earnings. However, oil-rich Alaska prohibits this type of tax exemption.
Climate advocates are pressing California lawmakers to end all subsidies for these companies in budget negotiations this spring. Vesser noted that last year, California's budget cut billions from climate programs to help fill a $46 billion deficit. Meanwhile, Chevron, Shell and Exxon reported $83 billion in profits in 2023.
"Oil and gas companies spent $31.4 million in 2024," he continued. "They broke a record even in the first three-quarters of all-time spending at the California State Legislature. So, these companies are working to undermine sensible public policy outcomes."
Assemblymember Damon Conolly, D-San Rafael, said in a statement that eliminating the Water's Edge tax break for multinational oil and gas corporations is a common-sense solution to make polluting industries pay their fair share to fix the environmental and health problems they helped create.
Disclosure: The Climate Center contributes to our fund for reporting on Climate Change/Air Quality, Energy Policy, Environmental Justice. If you would like to help support news in the public interest,
click here.
get more stories like this via email
Despite last-minute concessions in the Trump administration's budget, which removes alternative energy tax incentives, rural Alaska power providers now face huge obstacles to distributing power to the most rural and isolated parts of the state.
Investments in wind and solar power now face an uphill battle. Alaska's extreme weather and challenging geography already make power generation difficult and expensive. Now, with fewer incentives to diversify, the state's most isolated places will be forced to continue relying on fossil fuels for their electricity.
Pierre Lonewolf, board member of the Kotzebue Electric Association, said the loss of tax incentives means critical alternative energy programs are dead in the water.
"That has put the kibosh on our wind projects, which we are partnering with the local tribe to install two more megawatt wind turbines, another megawatt or so of solar," Lonewolf explained.
Sen. Lisa Murkowski, R-Alaska, voted for the budget bill but only after she worked to secure some alternative energy tax incentives and funding for Native whale hunters back into the measure in the debate's eleventh hour.
Lonewolf added village and tribal members have worked to move away from diesel fuel for power generation and said a lack of incentives to diversify to wind and solar will fall directly on rural Alaska's consumers who need affordable power to heat their homes.
"We don't want to have to raise our prices on electricity but we have to cover our costs to pay our people," Lonewolf acknowledged.
Kotzebue is a gateway for the diesel fuel powering 10 villages in rural Alaska. What Lonewolf called a war on renewable energy will only cause prices to keep rising in parts of the state that can least afford it.
get more stories like this via email
Renewable energy got short shrift in the budget bill passed by Congress last week and a New Mexico trade association said companies and their employees will suffer.
The bill quickly phases out tax incentives and investments for wind and solar power passed under the Biden-era Inflation Reduction Act.
Jim DesJardins, executive director of the Renewable Energy Industries Association of New Mexico, said both consumers and businesses in the solar industry have made huge investments due to the incentives.
"There's people who've got loans on their homes, and overnight this bill is going to pull the rug out from underneath them," DesJardins asserted. "This will destroy thousands of businesses, will put tens of thousands of people out of work, for what? Why are we doing this?"
Since passage of the Inflation Reduction Act in 2022, a boom in renewable energy has led to more than $300 billion in spending. Another $500 billion dollars was allocated for clean energy projects but those could now be abandoned.
New Mexico is the second-largest crude oil producer in the U.S. and with more than 300 days of sunshine, it is considered among the top 10 states for potential solar development. Most experts are not predicting a collapse in the renewable energy industry but without federal subsidies and tax credits, solar and wind farms could become more expensive.
After signing a contract, DesJardins pointed out it can take years to get a solar project off the ground and Trump's new bill would let incentives expire before the end of 2027.
"There's just so much uncertainty for a large solar project you can't say, 'Oh, we're going to put it into operation on this day.' It just doesn't work like that," DesJardins stressed. "We need to stop this herky-jerky way of doing policy whether it's for farmers, whether it's for renewable energy, it's just very counterproductive."
Despite the setback to wind and solar, DesJardins believes renewable industries will persevere, one way or another.
get more stories like this via email
After being debated for days, Sen. Mike Lee, R-Utah, and Sen. John Curtis, R-Utah, are among those who voted to advance the "One Big Beautiful Bill Act" to push President Donald Trump's agenda forward.
Curtis was one of a handful of Republicans who wanted to preserve clean energy tax credits but the Senate made major cuts to tax incentives for wind and solar projects. Now, the bill does not allow for a project to get the tax credit if it does not begin producing electricity by 2028.
Sean Gallagher, senior vice president of policy for the Solar Energy Industries Association, said the change could reverse years of progress and innovation.
"It has really devastating impacts," Gallagher emphasized. "Not just to the solar industry, but to American energy security and national security. Solar energy is putting more new power on the grid than every other fuel source combined in the last several years."
Curtis was able to remove a provision that would've enacted a new tax on solar and wind projects and ended a ban on solar leasing. While Curtis expressed gratitude to Senate leaders for including his changes, Gallagher hopes the concessions do not hinder the industry's ability to meet demand. The budget bill now goes back to the U.S. House for what could be the final vote.
Projects started before the bill is enacted would be protected from penalties and setbacks. Current projects would also retain all of their tax-credit value through December 2027. Gallagher argued the tax credits, passed under the Inflation Reduction Act, are working.
"Every dollar spent on clean energy tax credits has a $2.67 return in the form of lower energy costs for consumers, and taxes paid by clean energy infrastructure projects, mostly property taxes," Gallagher pointed out.
The Trump administration has called for energy dominance and so far has focused on supporting more development of fossil fuels over renewable energy. And while wind and solar energy are still popular across the board, recent polling indicates some people, especially Republicans, are less supportive of renewable energy than in Trump's first term.
get more stories like this via email