Insights
Events

Renewable Energy Projects on Federal Land: Regulatory Challenges, PTC and ITC Safe Harbors, Financing, Permitting

March 30, 2021 10:00am11:30am

David Lazerwitz is a featured panelist at the Strafford live webinar, "Renewable Energy Projects on Federal Land: Regulatory Challenges, PTC and ITC Safe Harbors, Financing, Permitting."

Details:
This CLE webinar will guide renewable energy counsel on overcoming challenges in developing renewable energy projects on federal land. The panel will discuss key issues in using federal lands and facilities for solar and wind energy and new IRS extensions and guidance for continuity safe harbors. The panel will also discuss the beginning of construction requirements under Section 45 and 48, assessing and protecting against liability exposure, and other key items to ensure regulatory compliance.

Description:
Developing renewable energy on federal land requires strict compliance with federal regulations and exceptional knowledge of specific requirements and administrative proceedings. Counsel must recognize key issues in using federal lands and facilities and implement methods to minimize obstacles in the financing, development, and operation of renewable energy projects on federal lands.

Generally, for purposes of Sections 45 (production tax credit) and 48 (investment tax credit), the "beginning of construction" requirement can be satisfied if physical work has commenced or the taxpayer has paid or incurred five percent or more of the total cost of the facility. Both require continuous progress toward completion once construction has begun. However, the COVID-19 pandemic has delayed such progress, jeopardizing many energy projects.

On Dec. 31, 2020, the IRS issued Notice 2021-05, extending the continuity of safe harbor to 10 years for renewable energy projects constructed on federal land. It modifies the prior notice, notably related to the "beginning of construction" requirements providing relief for the impact of delays on qualified facilities and energy projects being constructed offshore or on federal lands.

Although IRS Notice 2021-5 provides some relief for renewables, counsel must still effectively navigate complex regulatory, financing, and operational challenges for developing projects offshore and on federal lands.

Listen as the panel discusses the necessary and most practical processes for using federal lands for renewable energy projects, protecting against liability exposure, financing options, and other key items.

Outline:

  1. IRS Notice 2021-5
  2. Project requirements and compliance challenges
    1. Beginning of construction
    2. Physical work test
    3. Safe harbors
    4. PTC/ITC
  3. Financing options and allocation risks

Click here for more information.

Firm Highlights

Publication

CARES Act Paycheck Protection Program Summary (Updated)

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Paycheck Protection Program (PPP) aims to provide qualifying small businesses, nonprofit organizations, veterans organizations, tribal businesses, sole proprietors, and independent contractors forgivable loans of...

Read More
Publication

PSDcast – Is Energy Companies' Customer Data a Trade Secret?

We often focus on the privacy issues involved in data collection – and they are critically important – while neglecting the idea of data as a tangible and valuable resource (and how to protect...

Read More
Publication

Breaking up the Patent Monopoly for the Benefit of Batteries

The patent monopoly is at odds with the global need for battery storage technology. As the world mobilizes towards climate change solutions, companies with battery patents will face increasing pressure to share this critical...

Read More
News

How the Energy Transition Is Affecting the EPC Business

Mike Ginsburg was quoted in the Legal and Policy Considerations section of the  POWER  magazine article, "How the Energy Transition Is Affecting the EPC Business," outlining key trends affecting the EPC business. Read the...

Read More
News

Farella Braun + Martel Ranked Among “Best Law Firms” by U.S. News & World Report and Best Lawyers

SAN FRANCISCO, November 5, 2020: Farella Braun + Martel earned national and regional rankings across a number of practice areas in the U.S. News & World Report and Best Lawyers® release of the “Best...

Read More
Publication

Permitting Utility-Scale Battery Energy Storage Projects: Lessons From California

The increasing mandates and incentives for the rapid deployment of energy storage are resulting in a boom in the deployment of utility-scale battery energy storage systems (BESS). In the first installment of our series...

Read More
Publication

Battery Energy Storage Systems Integrated in Solar Facilities To Receive Tax Incentives

Intermittency is one of the largest issues impeding increased reliance on energy from utility-scale renewable energy generation sources such as wind and solar. Battery energy storage systems (“BESSs”) can alleviate concerns related to intermittency...

Read More
Publication

Batteries, Bankruptcies and the Future of Renewable Energy

The Growth of Renewable Energy Renewable energy sources have been rapidly deployed across the nation for more than a decade. In addition to government mandates in California and other states promoting renewable energy, federal...

Read More
Publication

Electric Fence: Protecting Proprietary Rights in Collected Energy Data

Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data about how...

Read More
Publication

Marine Plastic Pollution: How Global Extended Producer Responsibility Can Help

Nearly nine million tons of plastic waste flow into our oceans each year, arriving in many ways—ranging from polluted rivers and waterways to the wastewater from our washing machines. Once in the ocean, this pervasive...

Read More