Background and General Provisions - Governor Brian Kemp recently signed House Bill 300 (the “Act”), which amends the Solar Power Free-Market Financing Act of 2015 by adding decommissioning requirements that must be...more
On December 13, 2023, the Ohio House Public Utilities Committee adopted a substitute version of H.B. 197 making several amendments to the proposed legislation that authorizes community solar programs in Ohio. The substitute...more
Kilpatrick’s John Livingston recently spoke at “The 2023 Appalachian Clean Energy CLE Workshop” where he led a panel discussing recent legislative updates to the decommissioning requirements in North Carolina for utility...more
First-generation solar and wind projects are quickly reaching the end of their useful lives. At the same time, an unprecedented number of new renewable-energy projects will be installed in the coming years. During this...more
State Requirements For Decommissioning End-Stage Renewable Energy Projects - What Project Participants Need to Know - The first utility scale wind and solar power projects in the United States were developed in the early...more
Louisiana has joined the growing number of states requiring solar producers to provide financial security for clean-up costs associated with shutting down their facilities. The state’s decommissioning statute, signed into law...more
The Pennsylvania legislature is weighing two bills that require decommissioning plans for solar energy projects, and the debate over them among lawmakers illustrates the challenges associated with developing a solution to...more
On 6 April 2022 – Six months after the announcement of preferred bidders for Bid Window 5 – the Department of Mineral Resources and Energy ("DMRE") issued the request for proposals ("RFP") for Bid Window 6 of the Renewable...more
On March 18, 2022, the U.S. Department of Energy (DOE), Solar Energy Technologies Office (SETO) released its Photovoltaics End-of-Life Action Plan. SETO’s Plan recognizes the current reality for solar PV panels that have...more
As renewable energy projects approach the end of their lifespan, companies may face various legal issues associated with the decommissioning or repowering processes, some of which may lead to litigation....more
An eye towards sustainability has always been at the forefront of the renewable energy industry, but in many cases, technology was not able to catch up to the good intentions of the industry until recently....more
As industry leaders and businesses tackle the question of how to decommission, repower, or redevelop our renewable energy generation technology that has reached the end of its useful life, important considerations must be...more
As more states continue to adopt and consider rules for renewable energy facility decommissioning, they do so against the backdrop of the existing federal financial assurance rules implemented by the Bureau of Land Management...more
The first wind and solar farms in the United States were built in 1980 and 1982, respectively. The United States built the world’s very first wind farm, which was capable of producing only 600 kWh of electricity, while the...more
On June 28, 2021, the Ohio General Assembly passed Senate Bill (S.B.) 52, which places new requirements on renewable energy development in Ohio and changes to the Ohio Power Siting Board (OPSB) process. The bill is specific...more
A global leader in offshore wind power capacity, the UK has seen rapid expansion in the sector. Government policy and strong investor interest have resulted in robust growth in the development of offshore wind farms in the...more
With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more
Despite strong government support and growing capacity, a lengthy approval process may slow progress. In November 2018, the National Diet of Japan enacted the Act of Promoting Utilization of Sea Areas in Development of Power...more
A complex and sophisticated planning and approval process does not prevent opponents from raising environmental challenges—even after project approvals are awarded. The German federal government plans to further expand...more