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Category: Knowledge

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This is the fourth part of a Q&A series with members of the KLG team highlighting key areas in which renewable energy project developers encounter pitfalls that can end up delaying or derailing projects. This part is presented by Brendan Beasley, who frequently serves as lead transaction counsel for solar M&A transactions -- deals involving purchase or sale of solar energy projects and portfolios.   /continue reading

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July 31, 2020 Update: On July 10, 2020, the DOER filed the final version of the modified SMART program regulations, adjusting key provisions after receiving substantial stakeholder input and comments on the emergency regulations filed April 15, 2020. DOER also posted a redlined version highlighting the changes made.  The updated regulations reflect many of the edits proposed in the comments filed by Klavens Law Group.
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KLG’s Brendan Beasley and Jonathan Klavens teamed up with Mark Vitello at accounting firm BerryDunn to put together the following questions and answers relating to qualification for the 30% Investment Tax Credit (ITC) under Section 48 of the Internal Revenue Code using the safe harbor outlined by the IRS in Notice 2018-59. A version of this Q&A was previously posted on the BerryDunn website in the hope that it would be helpful to solar energy project developers and others as they navigate the last few weeks of 2019.   /continue reading

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Securing the “brownfield adder” in the Massachusetts SMART program is proving to be more challenging than first imagined for developers of solar projects on environmentally compromised sites. Obtaining the brownfield adder requires careful adherence to state regulatory requirements. In certain instances, the availability of the brownfield adder may turn on future changes in state policy.   /continue reading

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This is the third part of a Q&A series with members of the KLG team highlighting key areas in which renewable energy project developers encounter pitfalls that can end up delaying or derailing projects. This part is presented by Courtney Feeley Karp, who handles energy regulatory matters.   /continue reading

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This is the second part of a Q&A series with members of the KLG team highlighting key areas in which renewable energy project developers encounter pitfalls that can end up delaying or derailing projects. This part is presented by Sarah Matthews, who handles commercial real estate and corporate matters.   /continue reading

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On April 19, 2019, MassDEP issued proposed amendments to the Massachusetts Contingency Plan, 310 CMR 40.0000 (the “MCP”). The amendments address a number of provisions relating to the notification, assessment and cleanup of oil and/or hazardous material contamination, including the much anticipated draft standards for emerging contaminants of concern for exposure in drinking water known as per- and polyfluoroalkyl substances (PFAS).   /continue reading

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This is the first part of a Q&A series with members of the KLG team highlighting key areas in which renewable energy project developers encounter pitfalls that can end up delaying or derailing projects.   /continue reading

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On March 2, 2018, the Internal Revenue Service (“IRS”) issued Private Letter Ruling 201809003 (the “PLR”) advising a homeowner that an energy storage retrofit of a residential solar energy system was eligible for the residential solar tax credit under Section 25D of the Internal Revenue Code (the “Code”). Not only is the PLR promising for homeowners who want to reap the benefits of adding storage devices to their solar energy systems, but it also could point the way towards the IRS's reaching a similar conclusion regarding eligibility for the Investment Tax Credit (“ITC”) under Section 48 of the Code for an energy storage retrofit of commercial solar projects.   /continue reading

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On Wednesday, September 26, 2018, the Massachusetts Department of Public Utilities (“DPU”) issued its long anticipated Order DPU 17-140-A approving the SMART model tariff (the “SMART Order”).

Like everyone, we are still digesting the contents of the SMART Order but wanted to highlight some of the major issues:   /continue reading