Category Archives: Solar

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Legislation to Extend ITC to All Energy Storage Projects Gaining Traction

Legislation to extend the Incentive 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. Currently, the ITC only applies to renewable forms of energy production, but does not apply to any form of storage. As a result, when renewable … Continue reading this entry

ITC Investigates JinkoSolar, LONGi Solar and REC Group for Patent Infringement

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 … Continue reading this entry

NYSERDA Bulk Storage Incentive Program Aims to Jumpstart Utility Transition Following New York Storage Order

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 … Continue reading this entry

NYSERDA Unveils $350/kWh Retail Energy Storage Incentive in Implementation Plan and Program Manual

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 … Continue reading this entry

House Passes Bill to Boost Tribal Renewable Energy

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 … Continue reading this entry

Solar Massachusetts Renewable Target (SMART) Program Application Opens

U.S. Department of Commerce Sets Stage for New Countervailing Duties on Chinese Solar Panels
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 … Continue reading this entry

Nevada Voters Approve 50% Renewable Portfolio Standard by 2030

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 … Continue reading this entry

CA Self-Generation Incentive Program Extension Signed Into Law

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 … Continue reading this entry

California Self-Generation Incentive Program on Verge of Five Year Extension

It has been a busy week for California State legislators on the clean energy front. Following closely on the heels of the California Senate’s approval of SB 100, the California Senate on Thursday by a vote of 25-13 passed SB 700, a bill that according to the California Solar and Storage Association (CALSSA) could result … Continue reading this entry

California Mandates Solar for Nearly All New Homes

In a historic move, California has become the first state in the country to require solar panels on nearly all new homes. On May 9, 2018, the California Energy Commission (CEC) unanimously approved standards that, among other things, mandate the installation of solar energy systems on all new residences and major home renovations on buildings … Continue reading this entry

Illinois Approves Long-Term Renewable Plan

On April 3, 2018, the Illinois Commerce Commission (ICC) approved, with modifications recommended by solar advocates and consumer groups, the Illinois Power Agency’s (IPA) Long-Term Renewable Resources Procurement Plan (Plan). The Plan was adopted under the Future Energy Jobs Act, which requires the ICC to establish a long-term plan for renewable resources procurement and lays … Continue reading this entry

Trump Administration Imposes Tariffs on Steel and Aluminum

The international trade front has had some important developments over the last few weeks that will likely have significant impacts on the construction of domestic wind, solar, biomass and other types of renewable energy projects. One major development was the announcement of the section 232 steel and aluminum tariffs, where President Trump has informally announced … Continue reading this entry

201 Trade Case Update: Trump Administration Imposes Tariff on Imported Solar Panels

201 Trade Case Update: Trump Administration Imposes Tariff on Imported Solar Panels After months of uncertainty, the Trump administration announced on Monday that it is imposing a 30% tariff on imported solar cells and modules, which will step down 5% each year thereafter for a duration of four years. In addition, the first 2.5 gigawatts … Continue reading this entry

Senate Tax Proposal Provides Encouraging News for Wind

Senate Finance Committee Chairman Orrin Hatch recently released his Chairman’s Mark of the Tax Cuts and Jobs Act (Senate Proposal) in advance of the Senate Finance Committee markup scheduled to begin today. The Senate Proposal differs from the House version of the Tax Cuts and Jobs Act (House Proposal), which we discussed in our blog post here. … Continue reading this entry

The GOP’s Tax Cuts and Jobs Act Includes Changes Impacting the Renewable Energy Industry

On November 3rd, House Ways and Means Committee Chairman Kevin Brady (R. Tex.) released the “chairman’s mark” to H.R. 1, the “Tax Cuts and Jobs Act” (TCJA). The TCJA represents the most extensive rewrite of the Internal Revenue Code in the last 30 years. The Ways and Means Committee is expected to begin reviewing the … Continue reading this entry

ITC Proposes Tariffs in Solar Trade Case

After hearing days of arguments and considering dozens of filings from solar companies both opposed to and in support of trade action, the U.S. International Trade Commission (ITC) today recommended tariffs on imported solar modules of as much as 35 percent. After unanimously voting on Sept. 22 that the U.S. domestic industry was seriously injured … Continue reading this entry

U.S. Trade Commission Finds Domestic Injury from Foreign Solar Imports

In a ruling highly anticipated and hotly debated in the solar industry, the U.S. International Trade Commission determined in a unanimous 4-0 decision today that foreign imports of solar modules caused “serious injury” to U.S. companies under Section 201 of the 1974 Trade Act. The determination concerns “Crystalline Silicon Photovoltaic Cells (Whether or Not Partially … Continue reading this entry

N.C. Governor Signs H.B. 589

North Carolina Governor Roy Cooper has signed H.B. 589 into law. H.B. 589, otherwise known as the Competitive Energy Solutions Plan, adds the following features to the already robust North Carolina solar industry: competitive bidding process for solar developers, a statewide rooftop solar leasing program, and the Green Source Rider Program, which allows large utility … Continue reading this entry

IRS Issues Proposed Rules on Income Inclusion under Section 50(d)(5)

The IRS just published long-awaited temporary regulations under section 1.50-1T governing the section 50(d)(5) income inclusion rules. These rules apply to lessees of investment credit property when the lessor elects to treat the lessee as having acquired the property for its fair market value and pass through the investment tax credit available under section 46 … Continue reading this entry

New Hampshire Doubles Solar Net Metering Cap

New Hampshire has doubled the caps on energy that both residential and commercial customer-generators of rooftop solar can sell back to the grid, raising the cap from 50 MW to 100 MW. The governor signed H.B. 1116, which was introduced this past March, into law on May 2, 2016. Net metering programs allow homeowners and … Continue reading this entry

Developing a Business Case for Renewable Energy at Airports

The Airport Cooperative Research Program (ACRP) recently released Report 151: Developing a Business Case for Renewable Energy at Airports (the Report). Foley partner David Bannard is a co-author of the Report, assisting lead investigators, Stephen Barrett and Philip DeVita of HMMH. The Report is a companion to ACRP Report 141: Renewable Energy as an Airport … Continue reading this entry

US Senate Passes Bipartisan Energy Bill

The first broad energy bill passed in nearly a decade was passed by the Senate yesterday with an 85-12 vote margin. The Energy Policy Modernization Act of 2016, S. 2012, responds to major changes to the energy landscape spurred by the growth in renewable energy and domestic natural gas and oil production. The bill includes provisions … Continue reading this entry

Massachusetts Raises Caps on Solar Net Metering

Massachusetts has raised the caps on the Commonwealth’s net metering program. The governor’s signature was inked on April 11, 2016 on a bill approved by the legislature last week, after months of negotiation. Net metering programs allow homeowners and other solar customers to sell excess power they generate back to the electrical grid in exchange … Continue reading this entry

North Carolina Considers Additional Statewide Permitting Requirement for Solar Farms

North Carolina has been a hotbed of activity for residential and utility scale solar developers. According to the Solar Energy Industry Association, the Tar Heel State ranks fourth in the country in terms of installed solar capacity (1,088 MW). However, the North Carolina Energy Policy Council (EPC)—an advisory body within the state’s Department of Environment … Continue reading this entry