President Obama is due to sign HR1, the $787 billion American Recovery and Reinvestment Act tomorrow in Denver. Contained in HR1 are 19 provisions that provide critical incentives to reduce our dependence on foreign oil, help create over 100,000 jobs, and starts to put in place a smart energy grid that doesn't carbon load our atmosphere. This is a great extension to the pipeline created by the 2 to $3B of venture capital that has gone into funding renewable energy startups over the past twenty-four months.
This Mother-of-All project finance incentives--$25 billion--is just what our industry needs to retake the USA's global leadership in the solar industry--a position we last held more than twenty years ago.
Project finance was the single largest obstacle in continuing our path to a cleaner future. HR1 is a huge win for energy independence. Kudos to our President for getting this achieved so quickly. Now that's Shock and Awe...
1. Renewable Energy Grants
With the goal of doubling renewable energy generating capacity over three years, this legislation restarts our project pipeline. HR1 creates a new program through the Department of Treasury that gives us another option to placing the solar investment tax credit with a bank or life company. Treasury is now authorized to buy our Section 48 Solar Investment Tax Credits with cash grants equal to 30 percent of the cost of solar property placed in service during 2009 and 2010.
Projects we don't power up prior to 31DEC10 qualify for the grant program as long as we begin construction prior to 31DEC10 and we place in service by 1JAN17. Applications must be filed by 1OCT10.
The single biggest impediment to capitalizing commercial projects was the inability to monetize the tax equity [PTC/ITC above] because the banks were kaput. HR1 fixes this.
Solar's big advantage in being shovel-ready is that many of our projects take only six to twelve months to complete--no discretionary planning approvals required for California. My projects can be powered up by the time another technology gets through running the gauntlet of discretionary approval.
Stay tuned--Treasury will have to clarify how to apply and what it means to commence construction.
2. Coupling Renewable Energy Grants with Subsidized Renewable Energy Financing
Starting in 2009, our projects can now qualify for the full amount of the solar tax credit, or the above grant, even if we are capitalizing a solar project with subsidized energy financing (e.g. below market loans, tax preferred bonds, state grants etc.). Winners here are public entities who need us to capitalize their solar plants as well as programs funded through district energy financing--Berkeley's being one of the first. Together with state legislation authorizing non-charter cities to offer solar system loans through property tax assessment districts [CA AB811], this funding structure brings our cost of power down to below grid cost here in Northern California.
3. Renewable Energy $60B Loan Guarantee Program
Leveraging off of a forecast $100B in private sector clean energy investments, HR1 includes a two year DOE loan guarantee program for renewable energy projects, renewable energy manufacturing facilities, and electric power transmission projects. The legislation appropriates $6 billion to pay the credit subsidy costs, which should support $60 billion worth of loan guarantees. Eligible renewable projects are those that generate electricity or thermal energy and facilities that manufacture related components.
One side benefit of these loans financing incremental renewable generation is that we insulate our economy and our standard of living from fossil fuel price spikes.
Projects must commence construction by 30SEP11. Davis-Bacon wage requirements (prevailing federal wage) apply to any project receiving a loan guarantee. Missing piece is now a widely deployed feed in tariff [FiT] that allows us to harvest the available sun and not just offset onsite demand. Both California and Hawaii should have a FiT in-place by mid 2009.
4. Renewable Energy Manufacturing Investment Credit
Treasury will provide $2.3 billion to fund a 30 percent investment tax credit for manufacturing assets used to manufacture advanced energy property. Projects must be certified by the Treasury, in consultation with the Secretary of Energy, through a competitive application process. Effective upon enactment.
5. Remove Limits on Solar Water Heating
Solar water heating is actually the most economic way to harvest daylight--it works in diffuse daylight conditions [cloudy days], in northern climates where you have a higher heat demand than a cooling demand [Seattle instead of Santa Barbara] and to date has not been well incentivized here in the US. Section 25D of the Code provides a 30% personal tax credit, claimable against AMT, for the purchase of qualified solar water heating property that is used for a purpose other than heating swimming pools and hot tubs.
6. Extend Bonus Depreciation
PV systems benefited from bonus depreciation in 2008. HR1 extended bonus depreciation until the end of 2010.
Small business taxpayers are allowed to write-off up to $125,000 (indexed for inflation) of capital expenditures subject to a phase-out once capital expenditures exceed $500,000 (indexed for inflation).
7. Solar and Green Renovations on Federal Property
HR1 added $5.5. billion to be deposited into the Federal Buildings Fund to construct, repair and make alterations on federal buildings to increase energy efficiency, including installing solar energy equipment. $4.5 billion shall be available for measures necessary to convert GSA facilities to high-performance green buildings.
The Department of Veteran's Affairs was appropriated $1 billion for non-recurring maintenance on their facilities, including energy projects.
GSA estimates that 75% of the anticipated projects will include a solar component.
8. Department of Energy Funding
Appropriates $16.8 billion to DOE’s Office of Energy Efficiency and Renewable Energy, including $2.5 billion for applied research, development, demonstration, and deployment projects.
The total amount includes specific appropriations for the following:
- Conservation block grants of $3.2 billion
- Weatherization $5.0 billion
- Batteries $2.0 billion
- State Programs $3.1 billion and of these;
- California is allocated $172M,
- Hawaii, $25 million,
- Oregon $50 million,
- Washington $50 million.
9. Department of Interior Funding
There are about 60GW of renewable projects planned on BLM lands in the Mojave Desert--more than California's current 33GW peak power need. Lack of transmission and distribution (T&D) and permit approvals from the Bureau of Land Management have stymied these projects. HR1 appropriates $125 million to BLM for the management of lands and resources and suggests funds be used for renewable energy rights-of-way and related permitting projects.
10. New Clean Renewable Energy Bonds (“New CREBs”)
HR1 provides an additional $1.6 billion for new clean renewable energy bonds to finance facilities that generate electricity from renewable energy sources including solar facilities.
11. 5 Year Carryback of Net Operating Losses
For tax years 2008 and 2009, extends the maximum carryback period for net operating losses from two years to five years. Eligible small business may elect to increase the carryback period for an applicable 2008 NOL from two years to any whole number of years elected by the taxpayer that is more than two and less than six. An eligible small business is a taxpayer meeting a $15,000,000 gross receipts test. (see Sec. 448(c))
An applicable NOL is the taxpayer’s NOL for any taxable year ending in 2008, or if elected by the taxpayer, the NOL for any taxable year beginning in 2008. However, any election under this provision may be made only with respect to one taxable year.
12. Qualified Energy Conservation Bonds
HR1 authorizes an additional $2.4 billion, up from $800 million, in bonds to finance State, municipal and tribal government programs to reduce greenhouse gas emissions. These bonds can be used by government agencies to reduce energy consumption in publicly-owned buildings by at least 20 percent, implement green community programs, or develop electricity from renewable energy resources.
Demonstration projects that reduce peak electrical use also qualify. Public education campaigns to promote energy efficiency can also be funded.
13. Electric Transmission Infrastructure
3,000 miles of new or modernized power transmission lines and 40 million smart meters. HVDC grids need to run east/west to follow the sun. Current HVDC transmission runs from Bonneville Power's dams on the Columbia to Los Angeles. HR1 remedies this by permitting Western Area Power and Bonneville Power Administrations to borrow funds (up to $3.25 billion each) to construct or finance transmission lines. It's a big, multivariable problem--here is the current report on available renewable resources.
DOE is directed to include analysis of renewable energy sources, including solar, in its 2009 National Electric Transmission Congestion Study.
14. Solar for Schools
HR1 has a provision for a $53.6 Billion state fiscal stabilization fund. Approximately $10B of this shall be used for public safety and other government services, including the renovation of facilities and schools to meet green building standards--including installation of solar electric and solar thermal.
15. Green Collar Jobs
Appropriates $500 million to fund job training programs in energy efficiency and renewable energy. Also appropriates $250 million for rehabilitation and construction projects on Job Corps Centers, including energy efficiency and renewable energy projects.
16. Smart Grid
HR1 provides up to 50% reimbursement to smart grid demonstration projects in urban, suburban, tribal, and rural areas, including areas where electric system assets are controlled by nonprofit entities or investor owned utilities. The Secretary of Energy is also required to maintain a smart grid information clearinghouse. As a condition of qualification, demonstration projects are required to use open protocols and standards. This sounds like a great idea for our Marin Energy Authority.
The legislation provides a 30% tax credit for property designed to produce energy conservation technologies (including energy-conserving lighting technologies and smart grid technologies).
17. Solar for the Military
The military is one of the biggest energy users in the Federal Government, and its operations are often in locations with limited or non-existent grid power. HR1 appropriates $300 million for DOD research, development, testing and evaluation of projects to improve energy generation, transmission, and energy efficiency.
An additional $100 million is appropriated for Navy and Marine Corps facilities, and further specifies that funds are for energy efficiency and alternative energy projects.
18. Remedy for AMT and R&D Credits in Lieu of Bonus Depreciation
Where a taxpayer is in a loss position, deductions in excess of income are unable to enjoy the benefit of bonus depreciation. HR1 extends the allowance in the Foreclosure Prevention Act of 2008 that permits AMT and loss taxpayers to receive 20% of the value of their old AMT or R&D credits to the extent such taxpayers invest in assets that qualify for bonus depreciation. The amount is capped at the lesser of 6% of outstanding and unused AMT and R&D credits or $30 million.
The extension of the additional first-year depreciation deduction is generally effective for property placed in service after December 31, 2008. The extension of the election to accelerate AMT and research credits in lieu of bonus depreciation is effective for taxable years ending after December 31, 2008.
19. Solar Water Treatment Plants
Water treatment is a huge energy user. The stimulus bill provides $6 billion for the State and Tribal Assistance Grants account ($4 billion for the Clean Water State Revolving Funds and $2 billion for the Drinking Water State Revolving Funds). To ensure that the funds are used immediately to create jobs, the money must be committed to projects under contract or construction within 12 months of the date of enactment.
HR1 requires that not less than 20 percent of each Revolving Fund be available for projects to address green infrastructure, water and/or energy efficiency, or other environmentally innovative technologies. The bill allows States to use less than 20 percent for these types of projects only if the States lack sufficient applications.
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The single biggest issue to me is the lack of confidence among our customer base--solar happens when your customer believes it is the right thing to do, and commits.