119-S1188

Bill is currently in: Senate
Path to Law
House Senate President

119th CONGRESS

1st Session

S. 1188

1. Short title
2. Permanent full expensing of costs related to flaring and venting mitigation systems

1. Short title

This Act may be cited as the "Facilitating Lower Atmospheric Released Emissions Act" or the "FLARE Act".

2. Permanent full expensing of costs related to flaring and venting mitigation systems

(a) In general - Section 168(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(11) Permanent expensing of costs related to flaring and venting mitigation systems

(A) In general - In the case of any applicable energy property—

(i) - paragraph (8) shall not apply, and

(ii) - the applicable percentage shall be 100 percent.

(B) Applicable energy property

(i) In general - For purposes of this paragraph, the term applicable energy property means any qualified property (as determined as if clause (iii) of paragraph (2)(A) did not apply with respect to such property) which is a flaring and venting mitigation system.

(ii) Flaring and venting mitigation system - For purposes of this subparagraph, the term flaring and venting mitigation system means a system which—

(I) - intakes natural gas, and

(II) - separates, collects, utilizes, or combusts methane and heavier hydrocarbons by—

(aa) - compressing or liquefying gas for use as fuel or transport to a processing facility,

(bb) - production of petrochemicals or fertilizer,

(cc) - conversion to liquid fuels,

(dd) - conversion to electricity for electricity-driven activities or supply to the electrical grid,

(ee) - conversion to computational power,

(ff) - mining for digital assets, or

(gg) - powering other oilfield equipment.

(C) Foreign entity of concern

(i) In general - This paragraph shall not apply to any property placed in service by any foreign entity of concern.

(ii) Definition - In this paragraph, the term foreign entity of concern has the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)).

(b) Conforming amendment - Section 168(k)(6)(A) of the Internal Revenue Code of 1986 is amended by inserting "or paragraph (11)" after "this paragraph".

(c) Effective date - The amendments made by this section shall apply to property placed in service after December 31, 2025.