Incentives for clean fuels - RJ

Through specific laws and decrees, Rio de Janeiro has brought the ICMS tax rate for biomethane in line with that for natural gas and created incentives for B100 biodiesel, thereby promoting low-carbon fuels.

Start: 2022
RJ flag
Location

State:

RJ flag

RJ

Region:

Southeast

Responsible agency and legal instrument

Responsible agency:

SEFAZ-RJ (tax coordination) + SEAS-RJ/INEA (environmental)

Legal Instrument:

Law nº 9,635/2022 (reduction of the ICMS tax base for biogas/biomethane); Decree nº 48,972/2024 (adjustments to the RICMS and tax equalization for biogas/biomethane); Decree nº 48,053/2022 (special tax treatment for B100, in accordance with ICMS Agreements)

Description

Rio de Janeiro has taken a decisive step toward energy transition by creating a package of tax and regulatory incentives for clean fuels, making biogas, biomethane, and B100 biodiesel viable alternatives to natural gas and fossil diesel. Through State Law nº 9,635/2022 and Decrees nº 48,972/2024 and 48,053/2022, the state reduced the ICMS tax base for biogas and biomethane, aligning their taxation with that of natural gas, and established special tax treatment for pure biodiesel. This decision created a stable and competitive regulatory environment, which is already stimulating private investment and expanding the use of low-carbon energy in transportation and industrial processes. Currently, Rio has 12 biogas and biomethane plants in operation, which have already generated R$ 731 million in ICMS revenue and 2,300 direct and indirect jobs, with an estimated R$ 1.2 billion in new investments. By aligning tax incentives, grid infrastructure, and industrial demand, the state demonstrates how traditional economic instruments can accelerate decarbonization, generate local jobs, and transform waste into clean energy.

Direct Results

- 12 biogas/biomethane plants in operation, with 83.06 MWp and 415.31 GWh/year of potential generation. - R$ 731 million in ICMS tax revenue collected between 2015 and 2022, with an estimated R$ 1.2 billion in new investments by 2025. - Creation of approximately 2,300 direct and indirect jobs and expansion of the network of contracts for transportation and industry.

Indirect Results

- Significant reduction in CO₂ and methane emissions in sectors where mitigation is challenging. - Energy recovery from urban and agro-industrial waste, strengthening the circular economy. - Strengthening the state’s energy security and diversifying the energy mix. - Attracting green investments and stimulating technological innovation.

Characteristics

Replicability:

This solution can be adapted by other subnational governments because it is based on instruments already available in all state administrations, such as ICMS laws and decrees and agreements of the National Council of Finance Policy (CONFAZ). The model shows that well-designed tax adjustments can shift the energy mix used in industry and transportation, making biomethane and biodiesel economically viable without relying on direct subsidies. Replicating this solution means using fiscal policy as a tool for energy transition, generating local jobs, attracting green investments, and creating synergies with sanitation and the circular economy.

Innovation:

The key innovation lies in using the tax system as a driver of decarbonization, eliminating the price disadvantage of clean fuels compared to fossil fuels. By aligning the taxation of biomethane with that of natural gas and allowing the use of pure biodiesel (B100) in public and private fleets, a clear long-term signal is sent to investors, companies, and public officials.
Alignment with the Climate Plan
Mitigação - EnergiaMitigação - IndústriaMitigação - Transportes

Actions

Print or save this solution as a PDF for future reference