Renewable Energy Outlook

Examining the latest legal and business developments in the renewable energy industry

Legislation to extend the Investment Tax Credit (ITC) to energy storage was re-introduced yesterday by Senators Martin Heinrich of New Mexico and Cory Gardner of Colorado, along with 10 cosponsors. For storage, the ITC currently only applies if paired with renewable forms of energy production (subject to limitations based on charging). As a result, when renewable energy is not being produced, utility companies have limited options, and may be forced to rely on traditional forms…
The U.S. International Trade Commission (“ITC”) has launched a trade investigation against JinkoSolar, LONGi Solar and REC Group on the heels of a complaint filed on March 4th by Hanwha Q CELLS USA Inc. of Dalton, GA, and Hanwha Q CELLS & Advanced Materials Corporation of Seoul, Republic of Korea (“Hanwha”) for patent infringement. Hanwha has accused its three competitors of violating Section 337 of the Tariff Act of 1930 by unlawfully implementing Hanwha’s patented…
On March 11, the New York State Energy Research and Development Authority (“NYSERDA”) filed its proposed Implementation Plan to administer its Energy Storage Market Acceleration Bridge Incentive Program and support the ambitious New York Public Service Commission (“PSC”) order issued in December 2018 requiring 1.5 GW of energy storage in New York by 2025 and 3 GW by 2030 (the “Storage Order”). The Implementation Plan breaks down the state’s incentive strategy primarily between “Retail Storage…
On March 11, the New York State Energy Research and Development Authority (“NYSERDA”) filed its proposed Implementation Plan to administer its Energy Storage Market Acceleration Bridge Incentive Program and support the ambitious New York Public Service Commission (“PSC”) order requiring 1.5 GW of energy storage in New York by 2025 and 3 GW by 2030 (the “Storage Order”). The Implementation Plan breaks down the state’s incentive strategy primarily between “Retail Storage Incentives” and “Bulk Storage…
In addition to our work on a large variety of energy project financings, the Foley Energy Team has financed hundreds of C&I solar projects and together our team has experience with mostly all forms of C&I project documents in the market.  In an industry that boasts over 60 different forms of PPA, some much better than others, knowing how to make your project documents financeable is of paramount importance.  We know that all companies face…
Earlier this week, the U.S. House of Representatives approved S. 245, the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017 (the Bill), which is designed to allow Native American tribes to take greater control over energy development on their lands and to reduce the amount of governmental red tape. The Bill, which was passed by the Senate in November 2017, directs the Department of Interior to provide tribes with technical assistance in planning…
On November 26, 2018 at 12:00 PM ET, the Solar Massachusetts Renewable Target (SMART) Program begins accepting applications. The initial SMART application period ends at 11:59 PM ET on Friday, November 30, 2018. During this initial 5 business day period, all applications received will be treated has having been submitted at the same time for the purposes of placing the projects in a Capacity Block. For projects generating 25 kW AC or less, the projects…
Last week, Nevada voters approved a ballot measure, Question 6, which would increase the state’s renewable portfolio standard (RPS) to 50% by 2030. The proposal embodied by Question 6 would be an amendment to Nevada’s Constitution. Under current Nevada law, utilities are required to obtain 20% of their electricity from renewable energy sources, which will escalate to 25% by 2025. As such, the effect of Question 6, should it go into law, would be to…
California’s Governor Jerry Brown signed SB 700 into law on September 27, 2018, extending the Self-Generation Incentive Program (SGIP) for an additional five years. As previously discussed in our blog post here, SGIP extends the current January 1, 2021 expiration date until January 1, 2026, and provides rebates for the installation of energy storage systems and certain eligible technologies including wind turbines, pressure reduction turbines, fuel cells, waste heat capture and combined heat and…
Governor Jerry Brown signed SB 100 into law on Monday, setting in place a 100% renewable electricity target for California by 2045. The law, which we discussed in our prior blog post here, calls for a state-wide renewable energy target of 60% by 2030, with an interim target of 50% by the end of 2026 and a final 100% target by 2045. At the signing ceremony, Brown also announced an executive order directing California…