Clean Technology And Renewable Energy Law: Legal Questions & Answers

Question:

If a property owner is putting a new roof on their building while adding their solar system, can the cost of the roof be included in the 30% ITC credit? Additionally, if a ground mounted system requires fence, can the cost of the fence be included in the 30% ITC credit?

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Question:

In a brownfield repowering, is the brownfield facility part of the eligible basis for the grant or only the “improvements”. For example, if I bought a mothballed facility for $10mm, and then put $10mm more into it to get it running, is the basis for the grant $10mm or $20mm??

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Question:

Thank you very much for your very helpful answer on getting a 1603 grant for leasing a PV system to a non-profit as at http://law.cleantechies.com/solar-pv-installation-business-non-profits/4/#more-4.  You said that the grant is to be based upon the full cost of the system.  Does that mean that the full cost is before the $2/watt rebate that Xcel Energy gives in Colorado (which is better for us) , or is the basis for the 30% grant the net cost after the rebate (which is not as good.)

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Question:

We live in a small town in Oregon.  Twelve months ago we installed a 16 panel solar array.  Our neighbors to the south subsequently planted three evergreen trees about 12 feet from the property line, directly south of the solar array. We are concerned that when these trees mature, they will shadow our solar panels.  Our intention is to send them a nice neighborly letter to the neighbor, so they are not blindsided when we must take action in a decade.  Is there an Oregon or U.S. precedence which supports our position?  Thanks for your kind assistance.

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Question:

If an individual runs a business out of his home and installs solar panels on his residence, can he qualify for a 1603 grant in lieu of a credit? And how many years can one carry forward a tax credit should they not be able to qualify for the grant?

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Question:

Hello!
In a previous post you discuss how solar providers can set up lease arrangements with nonprofits, which will allow the solar provider to take advantage of the federal investment tax credit. However our accountant has advised us that the type of lease arrangement you discuss – with an option to purchase after five years – would be considered a capital lease and as such the tax credits would flow not to the solar provider but the nonprofit entity (who, of course, could not use them). This is backed up with definitions from the following website. Any thoughts?

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Question:

Dear Sirs:

We would like to get some information regarding the possible 30% grant under section 1603 for our Solar Photo Voltaic Panel power generation project in Puerto Rico. The project’s first stage size is @ 20 MW.  The project site cleanup is being addressed by the U.S. Environment Protection Agency (EPA), under authority of the Resource Conservation and Recovery Act (RCRA). The cleanup proposal has been finalized. The main concern (question) we have regarding this project is, which we would like to get answer from you is: Is this project, which will be executed in Puerto Rico (Commonwealth) is subject to receive ARRA grant of 30% cash back? It will be highly appreciated if you reply at earliest. Thank You. Best Regards,  Clark Continue reading… » 

Question:

I am finding your articles on some of the technicalities of the 1603 program for renewable energies very enlightening. I work for a solar energy company and still confused by one aspect of the application process, perhaps you could shed some light? My understanding is that to file for a property “placed in service after 12/31/2010” you must demonstrate construction began in 2010.  I am currently working with a large client who is ready to sign a power purchase agreement, however we may not be able to begin doing on site-construction until early 2011.  Construction will be completed in 2011. My question is if we order solar panels from our manufacturer in 2010 specifically for the project we are filing for, does that fulfill the “safe harbor” requirement of “beginning construction”? If so, would that cost need to be at least 5% of the total project cost to qualify? Are there any other off-site options that exist to demonstrate construction beginning in 2010? I appreciate the opportunity to be able to send you an email and am thankful for your time and answer.

Best regards, Solar Contractor

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Question:

I have a solar power project using Uni-Solar thin-film peel and stick solar panels applied directly to a new TPO roof structure. I want to confirm the eligibility of the new TPO roof as a solar support structure, being the Uni-Solar product is directly applied to this roofing material. I have additional counsel who have said that the cost of the roof is eligible for the federal 30% ITC or the SB1603 U.S. Treasury Grant in Lieu of the ITC, since it is used as the structure that holds the solar panel to the roof.  Is there any language I can share with our client to verify and confirm this premise? Appreciate any references you can provide. Thanks, Tim Owens

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Question:

Does the experience in cleantech law that West Coast law firms have make them a natural go-to for East Coast cleantech companies who are getting started?

Thanks,
Erika

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