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Energy and Environmental Project Finance Law and Taxation: New Investment Techniques
This publication is a hands-on guide for energy project/facility developers and their professional and financial advisors. It covers the One Big Beautiful Bill Act (OBBBA) and its key objectives and impact on project finance, prohibited foreign entity rules, material assistance rules, and investment tax credits. In addition, it covers clean energy project development and various tax credit incentives, providing detailed practical overviews of the relevant: (1) contract structures and negotiations relating to wholesale and interconnection agreements, power purchase agreements, and offtake structures; (2) regulatory issues (SEC, CFTC, DOE and FERC) of project finance transactions such as trading electricity, renewable energy certificates, offset and allowance futures and options, and debt financing; (3) risk management and mitigation relating to insuring projects, and protections against bankruptcy and insolvency; and (4) clean energy tax credits and monetization in the United States.
Publisher: Matthew Bender
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International Order InquiryDesigned for energy project/facility developers and their advisors; this valuable reference takes a deeper dive on planning, debt and tax equity finance paths for U.S. renewable energy projects, clean energy trading frameworks and considerations, and insurance and risk mitigation mechanisms. For context, the book provides a sweeping review of the global clean energy sector; including carbon tax, cap-and-trade, and nature-based finance models that are evolving to assist decarbonization goals.
The publication strives to provide a working guide of the contractual frameworks used in the business; including offtake structures, interconnection agreements, power purchase agreements, and renewable energy certificates; covering detailed legal considerations from multiple regulatory (SEC, CFTC, DOE, and FERC) and practical viewpoints. The book looks at financing through debt, tax equity, and a range of federal tax credit mechanisms. It goes on to survey critical U.S. federal and state tax law developments, including the tax credit structures of the Inflation Reduction Act of 2022, their monetization, and their sale/transfer. Tech segment chapters include hydrogen, solar and nuclear, which are all updated annually in this vital reference for the Energy Industry.
The previous edition's ISBN is 9798341701380.
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Chapter 1: Energy and Environmental Project Finance: Today and Tomorrow
Chapter 2: Renewable Energy and the Dodd-Frank Act
Chapter 3: Force Majeure in Energy Commodity Transactions
Chapter 4: FERC Duty of Candor
Chapter 5: Financial Distress in Project Finance: Bankruptcy and Insolvency Risks and Considerations
Chapter 6: Off-Take Structures in Project Financings for Electric Generation Facilities: A Field Guide
Chapter 7: Contract Techniques for Renewable Resource Power Purchase Agreement Off-Takers
Chapter 8: Wholesale Sales, Interconnection Agreements and Transmission
Chapter 9: Practical Considerations When Trading Electricity On Standardized Industry Forms
Chapter 10: What Are Renewable Energy Certificates?
Chapter 11: Cap-and-Trade Versus Carbon Tax Programs: An In-Depth Comparative Analysis
Chapter 12: A Project Finance Introduction to Offset and Allowance Futures and Options in Environmental Markets
Chapter 13: Unlocking At-Scale Decarbonization Finance for Nature
Chapter 14: Taking an Interest in Carbon Revisited: Secured Financing and the Legal Nature of Carbon Credits
Chapter 15: Credit Tools Used in Structured Energy Transactions
Chapter 16: Debt Considerations
Chapter 17: Tax Equity Financing for Renewable Energy Projects
Chapter 18: Tax Insurance: A Crucial Tool for Mitigating Risk in Renewable Energy Project Finance
Chapter 19: Weather Risk Management and Energy Project Finance
Chapter 20: Taxation of Hedging Energy and Environmental Project Finance Transactions
Chapter 21: The World of Clean Energy Tax Credits
Chapter 22: Summary of Key Energy Tax Credits
Chapter 23: Production Tax Credits (PTCs) and Investment Tax Credits (ITCs): The Old and The New
Chapter 24: Investment Tax Credits--Before and After the IRA and OBBBA
Chapter 25: “Begin Construction” Guidelines For Energy Tax Credit Transactions
Chapter 26: Overview of the IRA Bonus Tax Credits
Chapter 27: The Prevailing Wage and Apprenticeship (PWA) Bonus Credit
Chapter 28: Domestic The Content Bonus Credit
Chapter 29: The Energy Community Bonus Credit
Chapter 30: The Low-Income Communities Bonus Credit
Chapter 31: Direct Pay: Monetizing Energy Tax Credits
Chapter 32: Transfers (Sales) to Monetize Energy Tax Credits
Chapter 33: Clean Hydrogen – Opportunities and Challenges for a Burgeoning Industry
Chapter 34: Innovation in Tax Credit Structuring for Solar Energy Projects
Chapter 35: The Rebirth of Nuclear Energy Project Restarts, Uprates, and the New Generation of Nuclear Power
Chapter 36: Providing Support for Existing Nuclear Power Facilities: Section 45U
Chapter 37: U.S. State Issues: Renewable Energy Credits and Incentives for Businesses
Table of Cases
Table of Statutes
Index