Signature collection can begin to get referendum to repeal higher education law on Ohio's ballot
The first major hurdle to get a referendum on the November ballot to repeal Ohio's massive higher education law has been cleared.
Ohio Attorney General Dave Yost certified the title and summary language for a referendum that would repeal Senate Bill 1, set to take effect at the end of June.
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S.B. 1 bans diversity efforts, regulates classroom discussion, prohibits faculty strikes, creates post-tenure reviews, puts diversity scholarships at risk, and creates a retrenchment provision that blocks unions from negotiating on tenure, among other things. The law affects Ohio's public universities and community colleges.
'My certification of the title and summary… should not be construed as an affirmation of the enforceability and constitutionality of the referendum petition,' Attorney General Dave Yost said in a letter certifying the petition.
Members of the Youngstown State University's chapter of the Ohio Education Association are behind efforts to get the referendum on the Nov. 4 ballot.
With the title and summary language approval, petitioners can now start gathering signatures. About 248,092 signatures are needed — 6% of the total vote cast for governor during the last gubernatorial election. The signatures must be from at least 44 of Ohio's 88 counties. The signatures would likely be due at the end of June.
Ohio Secretary of State Frank LaRose would then have to verify the signatures before the measure is referred to the Ohio Ballot Board to determine the language that would appear on the November ballot.
The last time a referendum passed in Ohio was 2011 when voters overturned an anti-collective bargaining law.
Some of Ohio's public universities have started making decisions because of S.B. 1. Ohio University announced it will close the Pride Center, the Women's Center and the Multicultural Center. The University of Toledo is suspending nine undergraduate programs in response to a controversial new higher education law that is set to take effect this summer.
Follow Capital Journal Reporter Megan Henry on Bluesky.
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Enacted Changes: Critical Mineral Phase Out: The permanent credit for critical minerals (other than metallurgical coal) would instead taper off beginning in 2030 as follows: 2030, 100%; 2031, 75%, 2032, 50%; 2033, 25%; 2034, 0%. Wind Component Sunset: All wind related component credits would be eliminated for items produced and sold in 2028 and beyond. Metallurgical Coal: OBBBA treats metallurgical coal as an eligible component under §45X. However, metallurgical coal produced after December 31, 2029, would not be eligible for the credit. Integration Rule Repeal: The option to claim a credit on components incorporated into a larger eligible product sold to an unrelated buyer would be removed. Foreign Entity Exclusions: Any component made with material assistance from a prohibited foreign entity after December 31, 2025 is ineligible, and taxpayers classified as specified foreign entities or foreign influenced entities lose § 45X eligibility for tax years beginning after enactment. 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Clean Hydrogen Production Credit (§ 45V) Overview: Qualified clean hydrogen produced by the taxpayer is eligible for a per kilogram credit percentage of $0.60 that ranges from 20% to 100% depending on the lifecycle greenhouse gas emissions rate that occurs in the process. The credit applies to the hydrogen produced during the ten-year period that the facility is placed in service. Enacted Changes: Facilities that commence construction after December 31, 2027, would no longer be eligible for any § 45V credit. No new FEOC rules would apply to § 45V. Guidance: Project developers should prioritize breaking ground on or before December 31, 2027, to preserve § 45V eligibility and avoid forfeiting the credit entirely. They must also optimize production processes and feedstock choices to qualify for the lowest emission tier and secure the maximum per kilogram rate. Early planning for credit transfers will help monetize benefits if on site tax capacity is insufficient. Because § 45V is not subject to foreign entity restrictions, sponsors can concentrate their due diligence on operational execution and offtake agreements rather than supply chain or ownership concerns. Zero-Emission Nuclear Power Production Credit (§ 45U) Overview: Electricity produced by existing nuclear power plants is eligible for a credit equal to 0.3¢ per kWh or, if prevailing wage and apprenticeship requirements or exceptions in constructing, repairing, or altering the facility are met, 1.5¢ per kWh with the credit being reduced as power prices rise above $25 per MWh. Enacted Changes: Beginning in 2028, taxpayers must certify that any nuclear fuel they use was not sourced from 'covered nations' or covered entities—unless acquired under a binding contract in force prior to January 1, 2023. In addition, OBBBA bars SFEs from claiming § 45U for tax years beginning after enactment and disqualifies FIEs from claiming § 45U for tax years beginning two years after enactment. 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The applicable amount for transportation fuel is $0.20 per gallon, and the applicable amount for sustainable aviation fuel is $0.35 per gallon. If prevailing wage and apprenticeship requirements or exceptions are met, the credit is increased by a factor of five ($1 per gallon for transportation fuel and $1.75 per gallon for sustainable aviation fuel). The credit applies to fuel sold before 2028. Enacted Changes: The proposed legislation extends the availability of the § 45Z credit through the end of 2029 but introduces a suite of significant eligibility and calculation changes starting in 2026. Most notably, the credit would no longer be available for fuel derived from feedstocks sourced outside of the United States, Mexico, or Canada, narrowing the geographic scope of eligible inputs. Additionally, the credit value for fuels derived from foreign feedstocks would be reduced by 20% beginning in 2026. The enhanced rates for sustainable aviation fuel are eliminated for fuel sold after December 31, 2025. In a move to standardize emissions accounting, the proposal bars the use of negative lifecycle emissions rates for most fuels starting in 2026, except in the case of animal-manure-based fuels. For those fuels, the Treasury Department is directed to issue specific lifecycle greenhouse gas emissions rates tailored to the type of manure feedstock (e.g., dairy, swine, or poultry). Further, lifecycle emissions calculations would be required to exclude emissions attributable to indirect land use changes, thereby aligning more closely with international sustainability standards. To prevent double-dipping, the credit is reduced by the amount of any excise tax credit under § 6426(k)(1) for fuel sold after 2024, and the § 6426(k)(1) credit itself would sunset on September 30, 2025. OBBBA also directs Treasury to issue guidance clarifying how related-party sales of qualifying fuel should be treated under § 45Z. Finally, the credit would no longer be available to SFEs for tax years beginning after the date of enactment. FIEs would lose eligibility for § 45Z in tax years beginning two years after enactment. These changes reinforce broader FEOC compliance themes present throughout the legislation and could significantly affect multinational producers and joint ventures operating in the biofuels space. Guidance: Producers should ensure compliance with prevailing wage and apprenticeship requirements in order to maximize the available credit rate. Given the restrictions on foreign entities, clients need to strengthen supplier due diligence processes, tracking key inputs to ensure feed stocks are of a domestic origin and maintaining documentation proving domestic origin. Clients that produce fuel made from foreign feedstocks should evaluate costs and look to potential domestic feedstocks as a cost-alternative option in production. Carbon Oxide Sequestration Credit (§ 45Q) Overview: 45Q provides a federal tax incentive for projects that capture carbon dioxide or carbon monoxide emissions and either permanently store them in secure geological formations or utilize them in specific commercial applications such as enhanced oil recovery or chemical production. The credit is designed to encourage decarbonization across heavy industry and power generation by reducing the effective cost of deploying carbon capture, utilization, and storage technology. Eligibility generally hinges on placing qualified capture equipment in service and beginning construction by a statutory deadline. Once in operation, eligible facilities can claim the credit for a 12-year period. The amount of the credit per metric ton varies depending on whether the carbon is permanently sequestered or utilized and can be significantly increased for projects that comply with prevailing wage and apprenticeship standards. Enacted Changes: OBBBA simplifies the credit structure by equalizing the rates for sequestration and utilization for qualified facilities placed in service after a certain date, with the base and enhanced rates fixed across project types. The base rate is now $17 per metric ton of carbon and the rate for qualified facilities placed in service after 2022 is $36. Additionally, the legislation imposes foreign-entity restrictions to prevent credits from flowing to entities tied to certain adversarial governments. Specifically, SFEs become ineligible for the credit in tax years beginning after OBBBA's enactment. Foreign-influenced entities FIEs, including those with material ownership or control links to SFEs, lose eligibility two years later. 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OBBBA would resurrect that incentive through the end of 2026 and increase the subsidy from ten cents to twenty cents per gallon. While this maintains transferability in principle, clients should note that the overall value of these elections may be diminished by the accelerated phase outs and placed in service deadlines embedded elsewhere in OBBBA. Moreover, OBBBA additional foreign entity restrictions onto §§ 45Y, 48E, and 45X, rules that do not extend to credits under §§ 45U, 45Q, 45Z, or the broader § 48 investment credits, further complicating structuring for affected taxpayers. Penalties Taxpayers who choose to avail themselves of the energy tax credits must be diligent in ensuring compliance with the requirements and restrictions of the sought-after credits. Noncompliance may be accompanied by strict penalties. Taxpayers who understate income by 1% or more due to disallowed energy credits (§§45X, 45Y, or 48E) are hit with a penalty equal to 20% of the understatement under a change to § 6662. Credits disallowed due to FEOC or foreign-sourcing restrictions may contribute to a taxpayer's understatement, so it is critical that clients are diligent in ensuring compliance through their supply chains. Misstatements on certifications made by suppliers regarding domestic content or foreign sourcing after 2025 will be subject to a penalty that is the greater of $5,000 or 10% of credit amount claimed by the taxpayer relying on the misstated certification. Questions? Let's talk If you have questions about how OBBBA may impact your renewable energy projects, tax credit eligibility, or compliance obligations, please don't hesitate to reach out. Frost Brown Todd's Renewable Energy Team is here to help you navigate the new landscape. Contact Brian Zoeller Greg Dutton Raghav Agnihotri Chris Coffman Brian Masterson We're closely monitoring Treasury Department guidance and executive orders relevant to renewable energy tax projects and can assist you with structuring, due diligence, and credit monetization strategies tailored to your needs. Frost Brown Todd is a national law firm serving some of America's top corporations and emerging companies. With attorneys regularly identified by clients, peers and industry organizations as leaders in their practice areas, the firm advises and protects clients in business transactions and litigation in many industries, including insurance, financial services, manufacturing, real estate, construction, technology, energy and health care. The firm's more than 600 attorneys in offices across California, Colorado, Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, Texas, Washington, D.C., and West Virginia provide unparalleled service to meet clients' needs; deliver the insights and solutions available only from a diverse group of professionals; and support the communities in which they operate. [1] The following credits are subject to varying foreign entity restrictions: the Zero-Emission Nuclear Power Production Credit (§45U), the Clean Electricity Production Credit (§45Y), the Clean Electricity Investment Credit (§48E), the Advanced Manufacturing Production Credit (§45X), the Clean Fuel Production Credit (§45Z), and the Carbon Oxide Sequestration Credit (§45Q). [2] Foreign Terrorist Organizations, U.S. Dep't of State, Foreign Terrorist Organizations – United States Department of State, (last visited July 3, 2025 [3] Specially Designated Nationals List, OFAC Sanctions List Service, OFAC Specially Designated Nationals List – Sanctions List Service, (last visited July 3, 2025). [4] E.g., Espionage Act, 18 U.S.C. §§ 792–799; Agents of Foreign Governments, 18 U.S.C. § 951; Major Fraud Against the United States, 18 U.S.C. § 1031. For a complete list, see 15 U.S.C. § 4651(8)(D). [5] William M (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Pub. L. No. 116–283 § 1260H, 134 Stat. 3388. For a list of entities identified as Chinese military companies operating in the United States, see Entities Identified as Chinese Military Companies Operating in the United States. [6] Pub. L. No. 117–78 § 2(d)(2)(B)(i), (ii), (iv), or (v), 135 Stat. 1527. [7] Listed in the National Defense Authorization Act for Fiscal Year 2024 § 154(b)(1) – (7) on page 47. E.g., CATL, BYD Company, Envision Energy. [8] A foreign controlled entity includes the government of a covered nation (North Korea, China, Russia, and Iran), an agency or instrumentality of a covered nation, a person who is a citizen or national of a covered nation, an entity or business unit incorporated or organized or having its principal place of business in a covered nation, or any entity 'controlled' by those described in this parenthetical) (where 'control' = 50 percent vote or value of stock of corporation or 50 percent capital interest or beneficial interests). 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- Miami Herald
USCIS just raised immigration fees. See what work permits and asylum now cost
U.S. Citizenship and Immigration Services (USCIS) began enforcing on Tuesday new mandatory fees for certain immigration benefits, as required by the HR-1 Reconciliation Act, passed by Congress earlier this month. These new fees are in addition to existing USCIS filing fees and cannot be waived — even if the applicant qualifies for a fee waiver under existing Department of Homeland Security regulations. The changes, published in the Federal Register, apply to individuals filing for asylum, work authorization (EAD), Temporary Protected Status (TPS), and other humanitarian benefits, including Special Immigrant Juvenile (SIJ) status. Higher fees for key immigration applications The newly imposed USCIS fees represent a significant increase for some of the most common forms used by immigrants in the U.S., particularly those from Cuba, Venezuela, Nicaragua, Haiti and other Latin American countries. These are the main additional mandatory fees required under HR-1: ▪ Asylum application (Form I-589) Before: $0 - Now: $100 ▪ Annual fee for pending asylum cases Before: Not applicable - Now: $100 per year (USCIS will issue annual notices to collect this fee from individuals with pending asylum cases.) ▪ Initial work permit (Form I-765) Before: $410 - Now: $960 (Standard fee + $550 HR-1 surcharge) ▪ Work permit renewal (Form I-765) Before: $410 - Now: $685 (Standard fee + $275 HR-1 surcharge) ▪ Temporary Protected Status (Form I-821) Before: $135 (including biometrics) - Now: $665 (Breakdown: $50 base fee + $85 biometrics + $500 HR-1 surcharge) An additional $30 biometric fee may apply if required. ▪ Humanitarian parole renewal with work permit (Forms I-131 + I-765) Before: $390 - Now: $665 (Standard fees + $275 HR-1 surcharge) ▪ Special Immigrant Juvenile (SIJ) petition (Form I-360) Before: $0 - Now: $250 Who must pay the new USCIS fees? The HR-1-mandated fees apply to a broad range of immigration applicants, including: ▪ Individuals applying for or with pending asylum ▪ Applicants requesting or renewing a work permit (EAD) ▪ Beneficiaries of Temporary Protected Status (TPS) ▪ Foreign nationals renewing humanitarian parole with employment authorization ▪ Youth applicants for Special Immigrant Juvenile (SIJ) status Federal authorities emphasized that these fees cannot be waived or reduced, even if the base form is eligible for a fee waiver under DHS regulations. Because these charges are imposed by statute through the HR-1 reconciliation package, they are not subject to agency discretion, exemption or appeal. New limits on work permit validity In addition to the new fees, HR-1 also imposes changes to the validity period of Employment Authorization Documents for certain categories of immigrants. 'H.R. 1 also changed validity periods for some EAD categories,' USCIS said in an official release. 'For alien parolees, initial employment authorization is valid for a period of no more than one year or for the duration of the alien's parole, whichever is shorter. For aliens with TPS, initial and renewal employment authorizations are valid for no more than one year or for the duration of the alien's TPS status, whichever is shorter, ' USCIS stated. The shortened duration means that many parole and TPS beneficiaries will need to renew their work permits annually, adding financial and administrative burdens.
