Treasury Creates Safe Harbor for Smart Grid Investment Grants
Yesterday, the Energy and Treasury Departments jointly issued guidance regarding the federal income tax treatment of Smart Grid Investment Grant payments received pursuant to the American Recovery and Reinvestment Act (ARRA).
The guidance, which was issued as Revenue Procedure 2010-20, generally provides that a corporation receiving a specified grant will not recognize taxable income upon receipt of the grant, but will be required to reduce the tax basis of its assets by the amount of the grant.
Stoel Rives issued a law alert today regarding this guidance, further exploring what the guidance addresses, and notably, does not address.
SHOW ME THE MONEY: NEW ARPA-E FUNDS
DOE issued three Funding Opportunity Announcements (FOAs) on March 2 that offer $100 million in American Recovery and Reinvestment Act funding for the third round of its Advanced Research Projects Agency - Energy (ARPA-E) program. The FOAs were announced at the first ARPA-E summit in Washington, D.C., and focus on innovations in three areas of technology: grid storage, power converters, and cooling systems for buildings. The goal is to promote U.S. leadership in the emerging global market for these advanced energy technologies, while cutting greenhouse gas emissions and reducing U.S. electrical consumption by as much as 30%.
The FOAs can be found at https://arpa-e-foa.energy.gov/Default.aspx
Show Me the Money: $12 million for Early Stage Solar Technologies
The Department of Energy (“DOE”) announced today that the National Renewable Energy Laboratory (“NREL”) will invest up to $12 million in total funding ($10 million from funds allocated to NREL under the American Recovery and Reinvestment Act (“ARRA”)) in four companies - three California and one North Carolina - to take early stage PV and CSP technologies to commercialization.
Each company will receive up to $3 million (and the benefit of NREL’s support and expertise) to take prototype and pre-commercial PV technologies and develop pilot/demo projects or full-scale manufacturing projects. Payment of the awarded $3 million will be made over time as each company completes specified project milestones.
DOE is investing more than $117 million in solar energy through ARRA.
Secretary Chu Announces $80M for Biofuels
DOE Secretary Chu's announcement today regarding $80 million of ARRA funding for biofuels is potentially a positive development for the long-term development of the biofuels industry. What is worrisome from a practical perspective is the division of funding. The National Alliance for Advanced Biofuels and Bioproducts, centered in St. Louis, received $44 million to develop a systems approach for the sustainable commercialization of algal biofuel and bioproducts. The National Advanced Biofuels Consortium, based here in the Pacific Northwest, received up to $34 million to develop infrastructure compatible biomass-based fuels. Meanwhile eight infrastructure projects received up to $1.6 million to support expanded fueling infrastructure for ethanol blends. While the Administration is ahead of the curve in recognizing the importance of long-term support for the development of advanced biofuels, it is overlooking the increasingly challenging environment in first generation biofuels. Simply put- and purely in my opinion- there will be no second generation of biofuels if the first generation does not again thrive. The ethanol industry has hit a blend wall that the EPA has not been willing to help them overcome in the short term. Adding $1.6 million in E-85 infrastructure is but a chip in that wall when one considers the massive costs involved in building a national infrastructure. On the biodiesel side, the current industry has not yet received an extension of its tax credit and was already facing severe challenges. The investors who supported the expansion of the first generation biofuels industry are still tracking their investments and the policy support for the industry. While government funding will further the development of the science of advanced biofuels, private sector involvement will be essential to the ultimate commercialization of these fuels. To accomplish its ultimate goals, the Administration will need to begin to address these issues in a systematic manner.
Show me the Money: $564 Million Awarded to Integrated Biorefinery Projects
In an earlier blog post, Debra Frimerman reported that the U.S. Department of Energy was seeking applications for grants to help promote the construction and operation of pilot, demonstration, and commercial scale integrated biorefinery projects. Today, DOE announced the selection of 19 projects to receive up to $564 million in grant money authorized by the American Recovery and Reinvestment Act.
Notable awards include the following:
· $81 million to Bluefire LLC for a Mississippi project to produce up to 19 million gallons of ethanol fuel annually from woody biomass, mill residue, and municipal solid waste.
· $50 million to Sapphire Energy, Inc. for a New Mexico project to produce algal fuels using the Dynamic Fuels refining process.
· $23 million to Clearfuels Technology Inc. for a Colorado scale project to produce renewable diesel and jet fuel from woody biomass.
A complete list of awards is available here.
DOE to release eagerly awaited commercial solicitation
On a webinar yesterday, Michael Fraser, Senior Program Manager at the DOE, advised that the DOE plans to release a commercial solicitation for the loan guarantee program later this month or in early October. The current solicitation that is active for renewable energy projects requires that projects satisfy the innovative requirement. A project is defined as innovative only if it has not been employed in three or more similar applications in the US of five years duration. Thus many established renewable energy projects such as those utilizing wind or geothermal technology that is tested and proven, cannot apply under the current solicitation. The release of a commercial soliciation has been eagerly awaited by renewable energy project developers. These loans will be backed by private banks as well with DOE typically only guaranteeing 80-90% of the loan. DOE hopes that this structure will motivate private lenders to perform much of the due diligence necessary and only bring shovel-ready and bankable projects to the table. Interest rates on the loan are anticipated to run at Treasury plus 25 to 75 basis points. This is a very attractive interest rate but there are substantial fees associated with the program that will offset a portion of this value. The other key factor for projects to consider is whether they will be able to meet American Reinvestment and Recovery Act requirements and thus be eligible to have their credit subsidy costs covered by government funding. I am cautiously optimistic that DOE will be successful with these efforts and we will see a flurry of good projects moving forward Q1-Q2 2010 with the assistance of this program.
Show me the Money: Washington State Issues Final Guidance for Competitive Energy Efficiency and Conservation Block Grant Program
The American Recovery and Reinvestment Act provides $3.2 billion for energy efficiency and conservation block grants. Most of this money has been allocated directly to various local governments. Washington has an additional $6.4 million available through a competitive grant program.
Washington’s competitive grant program is administered through its Department of Commerce. Today, the Department of Commerce has announced the issuance of final guidelines for applications by smaller cities and counties for funds from the Energy Efficiency and Conservation Block Grant Program. Cities with populations lower than 35,000 and counties with populations lower than 200,000 are eligible to apply. Eligible cities and counties may choose to sub-grant their funds to other local governments, non-profits, or the private sector consistent with the guidelines.
The application guidelines, form, and frequently asked questions are available at www.commerce.wa.gov/recovery. The Department of Commerce will host a webinar on September 10, 2009, 9:00-11:00a.m., to review the final guidelines and answer questions. You can register for the webinar at https://www2.gotomeeting.com/register/352879171. For more information contact Heather Ballash at energy_policy@commerce.wa.gov.
First Treasury Grants in Lieu of ITC Awarded
Treasury Secretary Tim Geithner and Energy Secretary Steven Chu announced the first awards of cash grants in lieu of the investment tax credit (ITC) today. The total award value was over $502 million. Recipients include projects in Colorado, Connecticut, Maine, Minnesota, New York, Oregon, Pennsylvania and Texas. Click here for a detailed list of the awards announced today. Additional awards will be announced in the coming weeks.
For more information on this program and the application process, please see the Stoel Rives Energy Law Alert: Treasury Issues Guidance on Applications for Grants in Lieu of the ITC and PTC.
Show Me the Money: State Energy Programs for Seven States and Territories Awarded $119 Million from the American Recovery and Reinvestment Act ("Recovery Act")
On August 14, 2009, the Department of Energy ("DOE") State Energy Program ("SEP") announced that more than $119 million in funding from the Recovery Act to support energy efficiency and renewable energy projects has been awarded to Alabama, American Samoa, the District of Columbia, Illinois, Maryland, North Dakota and Wyoming.
Here is a summary of how the monies will be used by each of the states and territories:
- Alabama has been awarded $22,228,000 in federal stimulus funds. Alabama will utilize the Recovery Act SEP funding to promote energy efficiency of businesses (with a particular focus on the automotive supplier industry), schools, and correctional facilities and the development of renewable energy resources in the state. The state will also use funds to create a new "energy revolving loan fund" to stimulate the creation and retention of jobs and increase the generation of renewable energy by providing low-interest loans for new and existing industries in the state. The loans will be used for the installation of renewable energy systems and the implementation of energy efficiency measures. After demonstrating successful implementation of its plan, Alabama will receive nearly $28 million in additional funding, for a total of more than $55 million. Click here for more information regarding Alabama's state energy program and use of Recovery Act funds.
- American Samoa was awarded $7,420,000 in federal stimulus funds. American Samoa will utilize the Recovery Act SEP funding to expand the use of renewable energy across the territory, as well as to supplement weatherization funds to improve home energy efficiency for low-income residents. Specifically, the territory will install a 1,000 kW photovoltaic solar-energy array near the Tafuna Power Station, 19 smaller 28 kW solar arrays on the roofs of government and other buildings, and a solar water heating system at the LBJ Tropical Medical Center. American Samoa is also interested in expanding its use of wind power, and will use Recovery Act funds to set up eight anemometers to measure and quantify the territory's wind potential. After demonstrating successful implementation of its plan, the territory will receive more than $9 million in additional funding, for a total of $18 million.
- The District of Columbia was awarded $8,808,800 in federal stimulus funds. The District of Columbia will utilize the Recovery Act SEP funding to improve energy efficiency in government buildings and support numerous public energy education initiatives. Specifically, the state will use funds to replace existing mechanical and electrical equipment at various DC properties with new energy efficient equipment and controls. After demonstrating successful implementation of its plan, the District will receive an additional $11 million, for a total of more than $22 million.
- Illinois has been awarded $40,528,400 in federal stimulus funds. Illinois will utilize the Recovery Act SEP funding for energy efficiency retrofits and the biofuels industry. Specifically, the state will provide grants to support new biomass manufacturing capacity or retrofits to existing facilities that will help reduce operating expenses and the environmental impact of biofuels manufacturing. The state will also use the Recovery Act SEP funds to provide grants to various entties including schools, public buildings, and industrial facilities to improve energy efficiency in new and existing buildings, facilities, equipment, and processes. After demonstrating successful implementation of its plan, Illinois will receive more than $50 million in additional funding, for a total of more than $101 million. Click here for more information on Illinois's state energy program and use of Recovery Act funds.
- Maryland has been awarded $20,708,880 in federal stimulus funds. Maryland will utilize the Recovery Act SEP funding to promote clean and efficient energy usage in the transportation, residential, commercial, and industrial sectors. The state will also provide grants to support cost-effective and environmentally responsible building retrofits, along with innovative public-financing programs such as the EmPOWER financing initiative that will enable property owners to leverage private capital in order to implement efficiency improvements. Other uses for the funding will focus on supporting educational and workforce training efforts that will help familiarize the state's workforce with important sustainable energy approaches. After demonstrating successful implementation of its plan, Maryland will receive $26 million in additional funding, for a total of more than $51 million.
- North Dakota has been awarded $9,834,000 in federal stimulus funds. North Dakota will utilize the Recovery Act SEP funds to promote various energy efficiency and conservation efforts, including providing energy education resources for North Dakota's agricultural and industrial sectors that will help farmers, ranchers, contractors and building tradesmen reduce their energy use. The state will also lead by example by improving energy efficiency of state buildings and installing renewable energy systems at state facilities. Funds will also be used to create a statewide energy efficiency and renewable energy rebate program, in partnership with investor-owned and municipal utilities and rural electric cooperatives. In addition, the state will establish an Emergency High Efficiency Furnace Rebate Program, which will assist victims of the 2009 spring floods with the incremental cost of installing a high efficiency furnace to replace standard efficiency furnaces and heating systems. After demonstrating successful implementation of its plan, North Dakota will receive over $12 million in additional funding for a total of more than $24 million.
- Wyoming has been awarded $9,976,400 in federal stimulus funds. Wyoming will use its Recovery Act SEP funds to promote energy efficiency in buildings and homes across the state. The state will make grants to governmental and tribal entities, nonprofit organizations, and others for the purpose of retrofitting existing facilities to improve their energy efficiency by a minimum of 25%. Wyoming will also use the Recovery Act funds to provide rebates to help middle-income homeowners that are not eligible for low-income weatherization assistance to increase energy efficiency of their homes. In addition, Wyoming will provide rebates of up to $5,000 to homeowners for installing residential renewable energy systems, including solar photovoltaic, wind and geothermal systems. After demonstrating successful implementation of its plan, the state will receive more than $12 million in additional funding, for a total of nearly $25 million.
Show me the Money: $11.8 Million Awarded for Solar Energy Grid Integration
Today, in recognition that solar energy is a critical factor in the President's clean energy agenda, the U.S. Department of Energy (DOE) announced that $11.8 million ($5 million from the American Recovery and Reinvestment Act) will be deployed to five projects related to the development of solar energy grid integration systems (SEGIS). This follows our earlier client alerts regarding funding opportunities for solar technologies.
SEGIS activity began in 2008 with a partnership between DOE, Sandia National Laboratories, industry, utilities, and universities interested in complete system development. Funded projects are related to the integration of solar technologies into the U.S. electrical grid while maintaining or improving power quality and reliability.
DOE announced funding of the following projects:
PVPowered of Bend, Oregon. Up to $3 million is available to fund a project that optimizes interconnections across the full range of emerging PV module technologies through innovative systems integration. This project includes the following partners: PVPowered, Portland General Electric, South Dakota State University, Schweitzer Engineering Laboratories, and SENSUS.
Petra Solar of South Plainfield New Jersey. Up to $2.9 million is available to fund a project that supports improving reliability and resiliency so that high levels of PV integration can be adapted. This project includes the following partners: Petra Solar, University of Central Florida, and fifteen electric utilities.
Princeton Power of Princeton, New Jersey. Up to $2.8 million is available to fund a project that focuses on lowering manufacturing costs through integrated controls for energy storage and the development of new inverter designs. This project includes the following partners: Princeton Power, Transistor Device Inc, LaGuardia Community College, Idyllwild Municipal Water District, National Oceanographic and Atmospheric Administration, Princeton Plasma Physics Laboratory, Premier Power, SPG Solar, and Spire.
Apollo Solar of Bethel, Connecticut. Up to $1.5 million is available for the creation of innovative inverters using energy storage and two-way communications between solar electrical systems and utilities. This project includes the following partners: Apollo Solar, Saft Batteries, the Electric Power Research Institute, and California Independent System Operator.
Florida Solar Energy Center / UCF. Up to $1.3 million is available to solve technical challenges that impede the deployment of higher PV penetration levels in larger scale systems. This project includes the following partners: Florida Solar Energy Center, Satcon Technology Corporation, SENTECH, Inc., Cooper Power Systems EAS, Northern Plains Power Technologies, and Lakeland Electric Utilities.
Show me the Money: $54 million in Funding for State Energy Programs
From our colleague Christina Asavareungchai:
Today, the Department of Energy announced more than $54 million in Recovery Act funding to four states under its State Energy Program ("SEP"). Here is how the funds will be used in Nevada, Rhode Island, Vermont, and Wisconsin:
Nevada will use its SEP funds to create a revolving loan fund, which will help finance renewable energy and energy efficiency projects. Nevada will also perform energy efficiency retrofits in state buildings and schools, in addition to installing more energy-efficient street and traffic lights statewide. After demonstrating success in the execution of its plan, Nevada will receive additional funds of over $17 million, for a total of almost $35 million.
Vermont will use its SEP funds to establish programs that advance energy efficiency across multiple sectors. Specifically, Rhode Island will support businesses and homes in their effort to reduce energy consumption, in addition to updating the state’s building energy codes. After demonstrating success in the execution of its plan, Rhode Island will receive additional funds of nearly $12 million, for a total of almost $24 million.
Wisconsin will use its SEP funds to help improve the energy efficiency of existing industrial facilities, in addition to investing in businesses that manufacture clean energy technologies and components. The state will also offer loans to a broad audience. After demonstrating success in the execution of its plan, Wisconsin will receive additional funds of nearly $28 million, for a total of over $55 million.
Rhode Island will use its SEP funds to offer financial assistance for renewable energy and energy efficiency projects in the public, private, and residential sectors, in addition to facilitating the installation of thermal solar renewable energy systems in low-income households. After demonstrating success in the execution of its plan, Vermont will receive additional funds of nearly $11 million, for a total of almost $22 million.
Show me the Money: Green Jobs Grants
Recently, the U.S. Department of Labor has issued $500 million for green job training. This money is being released through a series of competitive grants.
If you are an organization within Washington State, the Governor's Office requests that you submit a brief information form to the Governor's Evergreen Jobs Leadership Team. The Team is compiling a list of potential applicants which will be posted on a public website. The information on this list will be available for stakeholders to find grant partners and leverage resources.
A copy of the form is available here: http://www.wtb.wa.gov/documents/clearinghousegrantform.doc
Show me the Money: Webinar Explaining the Wind Turbine Drivetrain FOA
About a month ago we issued an alert regarding a $45 million funding opportunity announcement ("FOA") for the development of a wind turbine drivetrain testing facility (alert available here).
Today, the Department of Energy ("DOE") announced that they are hosting a webinar regarding this FOA. The webinar will be held July 30, 2009 at 11:00 a.m. Eastern. Through this webinar, DOE will provide a brief overview of the FOA and will participate in a question and answer period. However, all questions must be submitted in advance (by July 27, 2009 at 2:00 p.m. Eastern) to windDynamometer@go.doe.gov
To attend this webinar, register in advance by clicking here.
Show me the Money: $162 million Deployed to Seven State Energy Programs
From our colleague Christina Asavareungchai:
Today, the Department of Energy announced more than $162 million in Recovery Act funding to seven states and territories under their State Energy Programs (“SEPs”). Here is how the funds will be used in Colorado, Delaware, Indiana, Louisiana, Massachusetts, Pennsylvania, and Puerto Rico:
Colorado will use its SEP funds to remove financial barriers to the rapid acceleration of renewable energy and energy efficiency projects. Colorado will also help state agencies cut their energy use, in addition to significantly expanding an existing rebate and grants program for renewable energy projects. After demonstrating success in the execution of its plan, Colorado will receive additional funds of over $24 million, for a total of more than $49 million.
Delaware will use its SEP funds to help finance energy efficiency measures in homes, small businesses, commercial buildings, and manufacturing facilities. Delaware will also offer additional rebates for solar photovoltaic and solar hot water systems, small wind applications, and geothermal systems for buildings. After demonstrating success in the execution of its plan, Delaware will receive additional funds of over $12 million, for a total of more than $24 million.
Indiana will use its SEP funds to offer financial assistance for the deployment of energy efficient technologies and to finance training programs and educational outreach about the merits of energy conservation. After demonstrating success in the execution of its plan, Indiana will receive additional funds of over $34 million, for a total of more than $68 million.
Louisiana will use its SEP funds to support energy efficiency measures in commercial buildings, as well as new and existing homes. Louisiana will also finance energy efficiency retrofits for government buildings and will encourage the use of efficient street lighting. After demonstrating success in the execution of its plan, Louisiana will receive additional funds of over $35 million, for a total of almost $72 million.
Massachusetts will use its SEP funds to promote energy efficiency statewide, finance energy efficiency upgrades of public facilities, and facilitate the demonstration of energy efficiency solutions. After demonstrating success in the execution of its plan, Massachusetts will receive additional funds of over $27 million, for a total of almost $55 million.
Pennsylvania will use its SEP funds to help finance clean energy projects initiated by businesses, nonprofit organizations, universities, local governments, and utilities, in addition to establishing a revolving loan fund aimed at facilities projects, resource efficiency, and clean energy technologies. After demonstrating success in the execution of its plan, Pennsylvania will receive additional funds of almost $50 million, for a total of almost $100 million.
Puerto Rico will use its SEP funds to provide financial assistance for private sector energy projects, as well as for building retrofits in both the public and private sectors. Puerto Rico will also support the revision of building codes, the switch to more energy efficient traffic lights, and the establishment of an education and mass media outreach program. After demonstrating success in the execution of its plan, Puerto Rico will receive additional funds of over $18 million, for a total of over $37 million.
Show me the Money: Recovery Act Finance Opportunities Conference
On July 17, 2009, the Puget Sound Regional Council hosted a Regional American Recovery and Reinvestment Act Coordination meeting. At this meeting, there was a presentation on Bond Financing, Loan Guarantees, and Tax Credits plus a discussion on monetizing energy efficiency savings.
In case you missed this meeting, I want you to be aware of a couple of resources.
First, on July 31, 2009, there is a workshop regarding Recovery Act Finance Opportunities in Washington. The workshop will be hosted by the Washington Department of Commerce (formerly the Department of Community Trade and Economic Development or CTED) and held in Bellevue, and you can register here.
Second, our tax group has issued an informative, yet concise, alert regarding the grant in lieu of the production tax credit (available here).
U.S. Wind Industry Breaks Records in 2008, Gets a Boost From Secretary Chu
Today, U.S. Department of Energy Secretary Steven Chu announced that 28 new wind energy projects will receive up to $13.8 million in funding for wind turbine research and testing and transmission analysis, planning, and assessments. Most of the $13.8 million comes from Recovery Act funds. Recognizing the struggles that Americans are facing in the current economic climate, Secretary Chu noted that the Recovery Act funds are intended to rebuild the fundamentals of the economy, in part by “spur[ring] a revolution in clean energy technologies.” Chu added that wind energy is a “critical factor” in achieving President Obama’s clean energy and job growth goals.
Secretary Chu’s funding announcement was coupled with the release of the Department of Energy’s 2008 Wind Technologies Market Report. As detailed in the report, the U.S. wind industry continues to reach impressive milestones. For the fourth year in a row, the U.S. boasted the fastest-growing wind power market. Also for the fourth consecutive year, wind power was the second largest new resource added to the electrical grid, contributing 42 percent of all new U.S. electrical generating capacity in 2008. As a result of increased demand for wind, the share of domestically manufactured wind turbine components increased dramatically in the last three years, with about 50 percent of these components now being manufactured in the U.S. In 2008, approximately 8,400 new domestic manufacturing jobs were added in the wind sector. Given these statistics, it is no wonder that cultivating a strong domestic wind industry is one of the keys to meeting the Obama Administration’s clean energy and economic recovery goals.
Show me the Money: Applications Available for the Washington State Energy Program
Washington previously received $60.9 million in Recovery Act funding for its State Energy Program (“SEP”). The Washington Legislature later provided $38.5 million to the Washington State Community, Trade and Economic Development (“CTED”) agency to administer a loan and grant program for eligible projects in the areas of energy efficiency, renewable energy and clean energy innovation (see our earlier blog entry here for more details). The deadline for submitting a notice of intent to apply is July 27, 2009 at 5:00 p.m. Pacific time, and the application is due August 17, 2009 at 5:00 p.m. Pacific time.
I attended an informational meeting held by CTED on July 13, 2009. The meeting provided an overview of the loan and grant program, as well as funding details, eligibility guidelines and evaluation criteria. Eligible projects can receive between $500,000 to $2 million in loans and grants in the first round, with the requirement that applicants provide other sources of funding at least equal to the amount of the loan or grant request. The non-SEP funding may include amounts spent or committed to the project since January 1, 2009. Projects will be evaluated based on the feasibility and quality of the project plan, the experience and qualifications of the project team, the ratio of matching funds to SEP funds, job creation, and energy savings/production. CTED intends to announce award decisions in September 2009.
Show Me the Money: $141 Million Awarded Under State Energy Program
From our colleague Christina Asavareungchai:
Today, the Department of Energy announced more than $141 million in Recovery Act funding to six states and territories under its State Energy Program (“SEP”). Here is how the funds will be used in Hawaii, Maine, Nebraska, New Mexico, the Northern Mariana Islands, and Texas:
Hawaii will use its SEP funds to directly finance high-performance buildings, retrofits, and other energy-saving measures, in addition to training professionals in the building and design industry about energy efficiency. After demonstrating success in the execution of its plan, Hawaii will receive additional funds of nearly $13 million, for a total of almost $26 million.
Maine will use its SEP funds to improve energy efficiency across multiple sectors. The funds will facilitate the establishment of more energy-efficient building codes, as well as the expansion of programs that aim to improve the energy efficiency of businesses and homes. After demonstrating success in the execution of its plan, Maine will receive additional funds of more than $13 million, for a total of over $27 million.
Nebraska will use its SEP funds to promote energy efficiency and renewable energy. The state will establish more efficient building energy codes, offer energy efficiency training, and fund programs that offer low-interest loans to the commercial and industrial sector. After demonstrating success in the execution of its plan, Nebraska will receive additional funds of more than $15 million, for a total of over $30 million.
New Mexico will use its SEP funds to offer financial incentives for the purchase of fuel-efficient vehicles, alternative fuels, and investments in related infrastructure. The state will also fund building retrofits, energy audits, the establishment of energy codes, and the expansion of the Weatherization Assistance Program. After demonstrating success in the execution of its plan, New Mexico will receive additional funds of nearly $16 million, for a total of almost $32 million.
The Northern Mariana Islands will use its SEP funds to improve the energy efficiency of its buildings, establish energy efficiency policies, and educate the public about energy efficiency. After demonstrating success in the execution of its plan, the territory will receive additional funds of more than $9 million, for a total of over $18 million.
Texas will use its SEP funds to establish a revolving loan program for improving energy efficiency at public facilities and to offer competitive grants to state agencies, schools, hospitals, and communities for the implementation of renewable energy technologies. Texas will also use its funds to provide training for green jobs and to launch an educational campaign designed to teach the public about the link between energy conservation, reduced emissions, and job creation. After demonstrating success in the execution of its plan, Texas will receive additional funds of $109 million, for a total of almost $219 million.
Treasury Issues Guidance on Applications for Grants in Lieu of the ITC and the PTC
The American Recovery and Reinvestment Act of 2009 (ARRA), which was enacted in February, permits an applicant to receive a grant from Treasury in lieu of claiming investment tax credits (ITCs) or production tax credits (PTCs).
Today the U.S. Treasury Department issued much-anticipated guidance concerning applications to receive cash grants in lieu of claiming income tax credits for certain renewable energy projects. Although the guidance includes a sample application form, the U.S. Treasury has stated that it will not accept applications until August 1.
If you have questions about today's Treasury Department guidance and grants in lieu of ITCs or PTCs, contact:
Chris Heuer at ckheuer@stoel.com
Greg Jenner at gfjenner@stoel.com
Carl Lewis at cslewis@stoel.com
Kevin Pearson at ktpearson@stoel.com
Adam Kobos at ackobos@stoel.com
Show me the Money: Washington Regional Recovery Act Meetings
For those of you interested in Stimulus Funding for your Renewable Energy or Clean Tech projects, I will be attending most of the following Prosperity Partnership’s Regional ARRA Coordination meetings.
The meetings are located at the Puget Sound Regional Council's meeting rooms at 1011 Western, Suite 500 in Seattle, WA.
- July 17 from 2-4 pm - Presentations regarding Recovery Act Bond Financing, Loan Guarantee & Tax Credits
- August 7, 2-4 pm – Presentations by Departments of Labor and Agriculture
- August 14, 2-4 pm – Presentations by Department of Education, & Onvia
- September 11, 2-4pm – Accountability, Transparency and Reporting Workshop
- September 25, 2-4 pm – “Share Your Project Session,” Part 2
The Prosperity Partnership also has a nice Regional ARRA Coordination website available here: http://prosperitypartnership.org/recovery.htm The Prosperity Partnership has also published a helpful guide: “Basic Introduction to Energy-Related ARRA Funding Opportunities”
Treasury, Energy Announce More than $3 Billion in Recovery Act Funds for Renewable Energy Projects
Today, the U.S. Department of the Treasury (the "Treasury") and the U.S. Department of Energy (the "DOE") announced an estimated $3 billion for the development of renewable energy projects around the country. Funded through the American Recovery and Reinvestment Act ("ARRA"), the program will provide direct payments in lieu of tax credits in support of an estimated 5,000 bio-mass, solar, wind, and other types of renewable energy production facilities.
ARRA authorized the Treasury to make direct payments to companies that create and place in service renewable energy facilities beginning January 1, 2009. A company can only apply for payment after the renewable energy property has been placed in service. Previously these companies could file for a tax credit to cover a portion of the renewable energy project's costs; under the new program, applicants would agree to forgo tax credits down the line in favor of an immediate reimbursement of a portion of the property expense. This direct payment program allows for an immediate stimulus in local economies.
In recent years, the tax credit has been widely used. As an example, in 2006, approximately $550 million in tax credits were provided to 450 businesses. However, the rate of new renewable energy installations has fallen since the economic downturn, as projects have had a harder time obtaining financing. The Treasury and DOE expect a fast acceleration of businesses applying for the announced energy funds in lieu of the tax credit.
To expedite implementation of the program, the DOE and Treasury have made the terms, conditions, guidance, and sample application available at www.treas.gov/recovery/1603.shtml. The Treasury and DOE are not accepting applications yet, but these available forms will allow companies to prepare applications and expedite the implementation of the program when the government is ready for submissions on August 1, 2009. The DOE and Treasury have 60 days to process the application once submitted.
DOE Extends Application Deadline for FOA on Combined Heat and Power Technologies
Today, the U.S. Department of Energy (“DOE”) issued a revised Funding Opportunity Announcement (“FOA”) of up to $40 million to speed up the development and implementation of combined heat and power (“CHP”) technologies. The FOA covers large, medium, and small CHP systems and aims to finance research, development, and demonstration of stationary CHP systems that focus on increasing efficiency and reducing greenhouse gas emissions. The FOA intends to facilitate development of technologies that are highly efficient, capable of meeting future emissions requirements, and able to substitute for or reduce natural gas usage. The deadline for applications has been extended to July 21, 2009. For more information on this FOA, go to Grants.gov.
DOE Announces $59 million in Conditional Loan Guarantees
On July 2, 2009, the Department of Energy ("DOE") announced $59 million in conditional loan guarantees in the form of $16 million for a wind turbine assembly plant and $43 million for a 20 megawatt flywheel energy storage plant.
Nordic Windpower, USA has been conditionally offered a $16 million loan to support the tooling and commercial-scale set up of its assembly plant in Pocatello, Idaho. This assembly plant produces one megawatt two blade turbines which are 10% less costly to manufacture, install, operate, and maintain than competing systems.
Beacon Power was conditionally offered a $43 million loan to support the construction of a 20 megawatt flywheel energy storage plant in Stephentown, New York. The flywheel system is utilizing a newly developed technology to provide frequency regulation services by absorbing and discharging energy to maintain the consistency of power on the electric grid.
Show me the Money: $10.5 Million for Solar America Cities
Today, the U.S. Department of Energy (“DOE”) announced new funds of up to $10.5 million to inform and educate local governments nationwide about solar energy. As part of the Solar America Cities program, a joint effort with 25 cities dedicated to increasing their use of solar energy, the DOE has assembled educational materials about the benefits and value of solar energy. The DOE will now work with outreach organizations to share these materials and tools with local government officials, with the aim of speeding up the implementation of solar energy. The application deadline is October 15, 2009, with selections expected to be announced no later than December 15, 2009.
For more information, click here for our recent Energy Alert.
Show me the Money: $7.5 Million Available to Develop Commercial Energy Efficiency Training Programs
On June 26, 2009, the Department of Energy ("DOE") released a funding opportunity announcement ("FOA") to deploy $7.5 million in Recovery Act funds to further its goals of reducing energy consumption and achieving net zero-energy buildings (defined as buildings that produce as much energy as they consume). In order to reach these goals, DOE recognizes that a workforce must be created to help existing buildings reach, and new buildings keep, their full energy efficiency potential.
This specific FOA provides ten to thirty individual awards from $250,000, to $750,000 to develop training programs for three specific sets of commercial building specialists:
- Equipment technicians,
- Operators, and
- Energy commissioning agents/auditors
Entities involved with energy efficiency, professional development associations, trade training/development associations, universities, community colleges, technical trade schools, and apprenticeship programs are encouraged to apply.
Applications must be submitted by September 1, 2009 at 8:00 p.m. Eastern Time
Show me the Money: $12.9 million available for Geologic Sequestration Training and Research
The Department of Energy ("DOE") has released $12.93 million to fund geologic sequestration training and research. $7.93 million is available for awards to all universities, colleges, and college-affiliated research institutes and $5 million is available for awards to historically black colleges and universities or other minority institutes listed on the Office of Civil Rights's accredited post secondary minorities institution list.
Individual awards will be made across five areas of interest:
- Simulation and Risk Assessment
- Monitoring, Verification, and Accounting
- Well Completion, stimulation, and Integrity
- Capture and Transport- including pipeline transport and pre-combustion capture
- Post-Combustion capture- including oxy-combustion capture
DOE anticipates awarding 42 awards ranging from $100,000 to $300,000 to fund research projects involving field projects for hands-on training opportunities.
Show Me the Money: $304 Million Allocated to Three States for Weatherization Assistance Programs
On Friday, June 25, 2009, the Department of Energy ("DOE") announced more than $304 million in Recovery Act funding to three states for their weatherization assistance programs. The DOE’s Weatherization Assistance Program will enable families making up to 200% of the federal poverty level – about $44,000 a year for a family of four – to save on energy costs by increasing the energy efficiency of their homes.
Here is a summary of how the funds will be used in Georgia, Illinois, and New York:
Georgia will use its funds to weatherize more than 13,600 homes over three years, with priority given to homes occupied by elderly residents and elderly residents with disabilities. After demonstrating success in the execution of its plan, Georgia will receive $62 million in additional funds, for a total of almost $125 million.
Illinois will use its funds to weatherize nearly 27,000 homes over three years. The state will provide sub-grants to existing local agencies that have effectively provided energy audits and home weatherization in the past, followed by final inspections of weatherized homes. In addition, Illinois will expand its training and certification program to prepare its workforce for the weatherization assistance program. After demonstrating success in the execution of its plan, Illinois will receive over $121 million in additional funds, for a total of more than $242.5 million.
New York will use its funds to weatherize more than 45,000 homes over three years. The state plans to coordinate its weatherization program with other state agencies to maximize benefits to low-income clients. The state will also encourage weatherization assistance to be rendered along with services provided by non-federal sources, like utilities and the Red Cross. After demonstrating success in the execution of its plan, New York will receive $197 million in additional funds, for a total of more than $394 million.
Show me the Money: $57 million Deployed to 30 Biomass Projects
On June 11, 2009, the Department of Agriculture ("USDA") announced that thirty projects, located in fourteen states, would receive $57 million in Recovery Act funding. Of these funds, $49 million will be for wood-to-energy grants and $8 million is for biomass utilization.
These funds will serve two important objectives. First, the funds will promote the development of biofuels from wood and stimulate renewable energy infrastructure. Second, the projects will create a market for low value woody biomass that would otherwise constitute fuel for wildfires.
For information about specific projects, please call the United States Forest Service or go to http://fs.usda.gov
Show me the Money: Seminar for Identifying Funding for Renewable Energy Projects
The American Recovery and Reinvestment Act provides almost $94 billion dollars in direct and indirect spending to clean energy company and projects. See Show me the Money: A Guide to Sources of Funding through the American Recovery and Reinvestment Act.
On June 17, 2009, I will be speaking in Cle Elum, Washington about how to get your project "shovel ready" for Stimulus Funding. The seminar will also include sessions on identifying sources of funding and application mechanics.
IRS Provides Guidance on Electing ITC in Lieu of PTC
On Friday, June 5, the Internal Revenue Service issued Notice 2009-52, which provides guidance informing taxpayers how to elect to claim the Investment Tax Credit under IRC § 48 in lieu of the Production Tax Credit under IRC § 45 with respect to qualifying projects. This election was provided for as part of the American Recovery and Reinvestment Act of 2009 (ARRA”).The election to claim the ITC in lieu of the PTC applies to the following types of renewable energy facilities:
Wind; Biomass (both closed- and open-loop); Geothermal; Landfill gas; Trash facilities; Qualified hydropower; and Marine and hydrokinetic.
Notice 2009-52 appears to provide the exclusive means by which taxpayers may make the election. To qualify, a taxpayer must claim the ITC with respect to qualified property that is an integral part of the facility on a completed Form 3468. Form 3468 must be filed with the taxpayer’s income tax return for the year in which the property is placed in service.
A separate election must be made for each qualifying facility.
Observation:This requirement may be very important if the Service defines “qualifying facility” very narrowly. For example, if the qualifying facility for a wind farm is each turbine, the election procedure will be extremely onerous. There is no indication in Notice 2009-52 of how the Service will define a facility for this purpose.
The following information must be provided with each election:
1. Name, address, taxpayer ID number, and telephone number of the taxpayer.
2. For each qualified investment credit facility:
(i) A detailed technical description of the facility, including generating capacity.
(ii) A detailed technical description of the energy property placed in service during the taxable year as an integral part of the facility, including a statement that the property is an integral part of such facility.
(iii) The date that the energy property was placed in service.
(iv) An accounting of the taxpayer’s basis in the energy property.
(v) A depreciation schedule reflecting the taxpayer’s remaining basis in the energy property after the energy credit is claimed.
3. A statement that the taxpayer has not and will not claim a grant under Section 1603 of ARRA for property for which the taxpayer is claiming the energy credit.
4. A declaration, applicable to the statement and any accompanying documents,
signed by the taxpayer, or signed by a person currently authorized to bind the taxpayer
in such matters, in the following form:
Under penalties of perjury, I declare that I have examined this statement, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this statement are true, correct, and complete.
Observation: The Notice does not address what constitutes what property will be considered “integral” to a qualified facility. Presumably, this will be addressed in subsequent guidance.
Finally, the Notice requires that the taxpayer making the election retain adequate books and records, including the information required to be provided by the Notice and all supporting documentation.
Observation: The Notice is focuses on the procedural aspects of the PTC to ITC election. It provides virtually no guidance on grants in lieu of the ITC under Section 1603 of ARRA, and offers little in the way of substantive guidance. Treasury is expected to issue such substantive guidance on these and other issues in the coming months.
Please contact your favorite Stoel Rives attorney with any questions.
