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Category Archives: Tax and incentives

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IRS Issues Additional Guidance on “Begun Construction” Requirement for Wind Energy Credits

By Julie Marion and E. Rene de Vera On May 5, 2016, the Internal Revenue Service (IRS) issued Notice 2016-31 (Notice) to provide additional guidance regarding the “begun construction” requirement for renewable energy facilities seeking to qualify for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (Code) or the investment … Continue Reading

California Energy Agencies Advance Renewable Transmission Line Planning

By Marc Campopiano, Jennifer Roy, and Francesca Bochner California energy agencies and key stakeholders have finished the first step of a statewide planning process to evaluate transmission needs in the state and the region. This process, called the Renewable Energy Transmission Initiative 2.0 (RETI 2.0), will culminate in recommendations to the legislature on where to … Continue Reading

Congress Extends Wind and Solar Tax Credits Subject to Phase-out

By Julie M. Marion and Thomas Halpern The Consolidated Appropriations Act, 2016 (the Act), which President Obama signed into law on December 18, 2015, re-enacts the production tax credit (PTC) and investment tax credit (ITC) for wind energy projects and modifies and extends the 30% ITC for solar energy projects. For both resources, the Act … Continue Reading

Low Carbon Fuel Standard Challenged (Again) in California State Court

By Joshua Bledsoe and Max Friedman After a lengthy process of policy review and revision, the California Air Resources Board (ARB) re-adopted the state’s Low Carbon Fuel Standard (LCFS) on September 25, 2015. The LCFS is expected to contribute approximately 20% of the statewide greenhouse gas (GHG) reductions required by 2020 under Assembly Bill 32. … Continue Reading

California Energy Commission Releases Proposed Rules Allowing Biomethane to Qualify for the Renewables Portfolio Standards

By Marc Campopiano and Tim Henderson On March 11, 2013, the California Energy Commission (CEC) released a proposed Seventh Edition of the Renewables Portfolio Standard (RPS) Eligibility Guidebook (proposed Guidebook).  As we discussed in a previous blog entry, on March 28, 2012, the CEC suspended the RPS eligibility of power plants generating electricity using biomethane.  … Continue Reading

Proposed Reforms to Bureau of Indian Affairs Surface Leasing Regulations Could Encourage Wind and Solar Resource Development on Indian Land

By Janice Schneider and Stacey VanBelleghem The Bureau of Indian Affairs (BIA) has proposed significant reforms to its current regulations for non-agricultural surface leases on Indian land.  76 Fed. Reg. 73784 (Nov. 29, 2011).  The proposed regulations include new provisions expressly governing Wind Energy Evaluation Leases (WELs) and Wind and Solar Resource (WSR) Leases and … Continue Reading

Roadblock to California Greenhouse Gas Cap and Trade Program Removed, but Others Remain

By Michael Feeley and Aron Potash A lawsuit which delayed and once threatened to dismantle California’s greenhouse gas (GHG) cap and trade scheme was largely resolved last week, removing one roadblock to California’s plan to be the first state to impose an economy-wide GHG trading program.  Under modified regulations adopted by the California Air Resources … Continue Reading

California Department of Finance releases text of proposed legislation to dissolve redevelopment agencies that could impact clean energy projects

The California Department of Finance has released proposed trailer bill language (PDF) to implement Governor Jerry Brown’s proposal with respect to the elimination of redevelopment agencies.  The proposed legislation sets forth what the Governor proposed in terms of the dissolution of redevelopment agencies and the formation of successor agencies.  According to the proposed legislation, all redevelopment … Continue Reading

Democrats, Republicans illustrate contrasting stances on federal support for clean energy

Clean energy development and deployment was one of the central themes of President Barack Obama’s State of the Union address.  The President urged Americans “to out-innovate, out-educate, and out-build the rest of the world” and stressed that, with respect to clean energy, “this is our generation’s Sputnik moment.”    President Obama emphasized two clean energy-related goals … Continue Reading

California Renewable Energy Siting Act aims to expedite projects

On February 7, 2011, a bill was introduced in the California State Assembly aimed at expediting the siting and permitting of renewable energy projects in the state, with special emphasis on the San Joaquin Valley. Assembly Members V. Manuel Pérez, Steven Bradford and Nancy Skinner introduced Assembly Bill 13 (AB13), the Renewable Energy Siting Act, … Continue Reading

The National Offshore Wind Strategy–DOE and DOI Jointly Announces a New Framework for Wind Energy Development and $50.5 Million in Funding Opportunities

Eight Years.  That’s how long it took what will likely be the nation’s first offshore wind farm to obtain a federal lease.  It is little wonder, in light of Cape Wind’s struggle, that wind advocates have been pushing for greater federal support.  Earlier this week, the Department of Energy (DOE) and the Department of the … Continue Reading

First Department of Energy loan guarantee issued to Nevada Geothermal Power

On September 7, 2010 Energy Secretary Steven Chu announced the issuance of the first loan guarantee under the Department of Energy’s (DOE) Financial Institution Partnership Program (FIPP).  The DOE issued the partial guarantee for a $98.5 million loan being made by John Hancock Financial Services to a subsidiary of the Nevada Geothermal Power Company (NGP) … Continue Reading