Environmental Tax Finance & Banking

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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For Wind Developers: Tax Increment Financing Law – Near Miss at the Legislature

Good news! For those of you following the potential impact of LD 581, An Act to Clarify the Municipal Development District Law, on wind development in the state, please note that on April 27, 2015, the Joint Standing...more

U.S. Renewable Energy Financing And Regulatory Outlook 2015

Orrick and Clean Energy Pipeline have launched a series of reports dedicated to exploring investment opportunities and challenges in the global renewable energy sector. In the first issue, we analyzed the investment...more

Are You Continuing Construction? IRS Issues Fourth Renewable Energy Tax Credit Beginning of Construction Notice

On March 11, 2015, the Internal Revenue Service (IRS) issued Notice 2015-25, which provides further guidance to assist renewable energy facility developers and investors in evaluating whether such facilities satisfied the...more

Italy: Incentive Regimes for Renewable Energy Plants

The introduction of retrospective tariff cuts to photovoltaic (PV) plants and the abolition of the Robin Tax by the Italian Constitutional Court, combined with simplified regulation and taxation of new forms of debt...more

Public Finance Update: New Clean Renewable Energy Bonds: IRS Notice 2015-12 Application Submission and Requirements

The Internal Revenue Service (“IRS”) recently released Notice 2015-12 (the “Notice”), which solicits applications for allocations of the approximately $1.4 billion remaining available amount of national bond volume limitation...more

News from Second and State

As another relatively quiet session week comes to a close, our embattled row officers continue to make headlines. On Tuesday, two weeks after being charged, former Pennsylvania Treasurer Rob McCord appeared in federal court...more

"'Yieldcos' Present a New Growth Model for Renewable Energy Companies"

In the past few years, many energy companies with investments in renewable energy projects have considered forming “yieldcos,” with five formations in 2013 and 2014. A yieldco is a growth-focused public company, typically...more

Governor Inslee Proposes $1.5 Billion of New Revenue, Including a 7 Percent Personal Tax on Capital Gains

Washington Governor Jay Inslee recently released his proposed budget for 2015-17, which includes approximately $1.5 billion of new and increased taxes the Governor is marketing as “improving Washington’s unfair and outdated...more

Environmental and Energy: Governor Vetoes Extension of Brownfield Cleanup Program Tax Credits (12/14)

On December 29, 2014, Governor Andrew Cuomo vetoed a bill that would have extended the availability of tax credits under New York State’s Brownfield Cleanup Program (BCP) until March 31, 2017....more

Senate passes Tax Extender Package at 11th hour

The Senate passed the “Tax Increase Prevention Act of 2014? (H.R. 5771) on Tuesday night just before Congress adjourned for 2014. As Molly Bryson described in her December 5, 2014 post following the House’s passage of the...more

PACE Yourself

Property Assessed Clean Energy (PACE) loans allow property owners to finance clean energy improvements to their properties generally secured by property liens senior to mortgages through tax assessments. Moody’s recently...more

Outstanding Design Flaws in California’s Cap-and-Trade Program

On January 1, 2013, California embarked on a grand experiment with the launch of the world’s most complex cap-and-trade program. Under this program, companies operating in California, such as food processors, power producers...more

Myanmar Revises Scope Of Prohibited And Restricted Activities For Foreign Investment

On 31 January 2013, MIC issued a notification outlining prohibited and restricted activities for foreign investment (2013 Notification). For further information on the Foreign Investment Law, the Foreign Investment Rules and...more

Governor Signs Off on New Tax-Increment Financing Structure

On September 29, Governor Brown signed legislation that is seen as creating a robust new financing tool which will expand the existing mechanism of Infrastructure Financing Districts (“IFDs”) and replicate some of the...more

Cash Grant Sequester Rate Increased From 7.2 to 7.3 Percent for Fiscal Year 2015

The Department of the Treasury has announced that for fiscal year 2015 the Cash Grant sequester rate will be increased from 7.2 to 7.3 percent. The announcement is available below. The change applies to Cash Grants paid on...more

IRS Releases New Guidance on Beginning of Construction

The IRS recently released Notice 2014-46 (the Notice) which provides welcome guidance to tax equity investors and developers on the construction of wind, geothermal, biomass, landfill gas and certain hydropower and marine...more

Notice 2014-46 Provides Additional Guidance on Eligibility of Wind and Other Renewable Energy Facilities for the PTC or the ITC

On August 8, 2014, the Internal Revenue Service (IRS) released Notice 2014-46 (the “Notice”), which provides some important clarifications with respect to the requirement that construction of a project commence prior to...more

Sound Bites from REFF Wall Street

The Renewable Energy Finance Forum Wall Street was held on June 25 and 26. Below are selected sound bites about YieldCos, tax equity and the capital markets opportunities for renewables. This post was prepared without the...more

IRS Issues Notice on the Cash Grant Sequestration and Tax Attributes

Yesterday, the IRS issued a notice confirming the effects of the Cash Grant sequestration with respect to the tax attributes associated with the renewable energy projects that received the Cash Grant. Notice 2014-39 is...more

New Regulation for Exploration and Production of Hydrocarbons in Poland

On May 7, 2014, the Polish Parliament debated the next version of the bill to amend the Act on Mining and Geological Law of April 23, 2014 (the “Bill”). The Bill introduces new approaches with respect to the...more

Brownfield Legislation Passes 2014 Florida Legislative Session, Expanding Range of Redevelopment Tools

The Florida Legislature passed new Brownfield legislation in the 2014 legislative session that concluded in May 2014. The bill will be sent to Governor Rick Scott. If enacted into law, the legislation will expand the range of...more

Treasury Proposes REIT Solar Regulations but Excludes Most Common Transactions

On the same day as President Obama’s speech championing solar, the Department of the Treasury proposed regulations defining “real estate assets” for purposes of the definition of a real estate investment trust (REIT). The...more

Proposed IRS Regulations Would Qualify PV Modules as Real Property under REIT Rules in Certain Circumstances

On May 9, 2014, the Internal Revenue Service (IRS) issued proposed regulations that clarify the definition of real property for purposes of the real estate investment trust (REIT) provisions of the Internal Revenue Code....more

Northern States Power Company Issues 100 MW Solar RFP

Northern States Power Company (d/b/a Xcel Energy) released its long-awaited solar request for proposals (RFP) today. Although it had earlier suggested the RFP would be for up to 150 MW, today’s RFP seeks up to 100 MW of PV...more

Alabama Legislative Update - Week 10: As Session Moves Towards Close, Budgets Take Center Stage

The 2014 session of the Alabama Legislature is winding and grinding down as lawmakers hammer out the General Fund and Education Trust Fund budgets. Last week saw progress, albeit slow. ...more

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