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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Tag: SMART program
Applying for the SMART Brownfield Adder
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
Avoiding Project Development Pitfalls: Part 1 – Permitting & Environmental Matters
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
Availability of ITC for Energy Storage Retrofit of Solar Energy Systems
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
MA DPU SMART Order – 7 Highlights
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
Get SMART on the Next MA Solar Program
On October 31, 2017, the Boston Bar Association hosted a brown bag conversation – coordinated by KLG’s Courtney Feeley Karp – featuring Michael Judge, the Director of the Massachusetts Department of Energy Resources’ Renewable and Alternative Energy Division. Mike gave an in-depth presentation on the new SMART program and answered questions from the crowd. KLG also distributed a short quiz on SMART program mechanics. Take the quiz and check out the answers to gauge your SMART intelligence! /continue reading
KLG Comments on Solar & Net Metering Program Changes
Drawing on its significant experience with solar project development, KLG recently submitted comments on the Massachusetts SMART program to point out some of the potential practical difficulties with the project segmentation rule proposed in the regulation issued by the Department of Energy Resources in June 2017. KLG believes the rule would create unnecessary barriers to solar project development on contiguous parcels of land. /continue reading