After 20 years and many extensions, the federal Production Tax Credit (PTC) was scheduled to expire at the end of 2012. Neither the House nor the Senate saw fit to extend this overly generous corporate benefit when it was considered on its own merits, and the PTC did, in fact, expire.
But in the final hours of the fiscal cliff negotiations, a provision in the American Taxpayer Relief Act (P.L. 112-240) surreptitiously added a $12 billion, 1-year extension of the PTC. [1]
This move was done behind closed doors, without debate, any opportunity for amendment, or obligation of the Congress to find a way to pay for it.
The abuse of the Public Trust did not end there. With this extension, a critical change to the PTC was introduced that relaxed the eligibility requirements for the credit.…