Brazil Embraces Low-Carbon Hydrogen: A New Legal Framework for Energy Transition
Key Ideas
  • Law No. 14.948/2024 in Brazil establishes the National Policy for Low-Carbon Hydrogen, providing a legal framework dedicated to energy transition.
  • The legislation includes the creation of the Special Incentive Regime for the Production of Low-Carbon Hydrogen (Rehidro) to support the industry.
  • Presidential veto on certain sections aimed to address tax credit issues, leading to the proposal of Bill of Law No. 3.027/2024 for clarity and compliance.
  • The National Agency of Petroleum, Natural Gas and Biofuels (ANP) is tasked with regulating and supervising the hydrogen supply chain in Brazil.
On August 2, 2024, Brazil enacted Law No. 14.948/2024, establishing a legal framework for low-carbon hydrogen and the National Policy for Low-Carbon Hydrogen. The law aims to facilitate the energy transition by providing a regulatory structure. One key aspect is the creation of the Special Incentive Regime for the Production of Low-Carbon Hydrogen (Rehidro) to incentivize industry participation in hydrogen production. However, the presidential veto of Articles 30 through 35 due to ambiguity raised concerns about the tax credits linked to the Social Contribution on Net Profit (CSLL). To address these issues, Deputy José Guimaraes proposed Bill of Law No. 3.027/2024 to ensure clarity and compliance regarding tax incentives. The legislation also grants the National Agency of Petroleum, Natural Gas and Biofuels (ANP) the responsibility to regulate, authorize, and supervise the hydrogen supply chain and its derivatives in Brazil, ensuring a well-controlled transition towards low-carbon hydrogen production.
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