Understand the nuts and bolts of solar energy projects and how to best craft deal documents that work for all parties involved.
The solar energy industry in the United States has been growing steadily and is here to stay. Ambitious renewable energy mandates have become an integral part of federal and state government policies. More people in the United States are employed in solar electricity generation than the generation of electricity by coal, oil, and gas combined. The leasing of land, rooftops, and parking lots has become a popular source of revenue for property owners and is critical in achieving federal and state renewable energy mandates. In addition, anyone that consumes electricity, or has the capital to invest, can benefit from a solar energy project. Professionals negotiating solar leases and related documents must take into account important and varied legal and business considerations. Parties must consider whether a lease, license, or easement is the proper vehicle for their specific project. Once the proper vehicle is chosen, the parties must weigh the competing interests of the various stakeholders regarding issues such as casualty, assignment rights, maintenance, indemnifications, taxes, routine guarantees, and insurance, to name a few. Careful crafting of the deal documents is critical to ensure the parties are getting the deal they expected. This material will explain the nuts and bolts of a solar energy project and how to best craft deal documents that work for all parties involved. The program will examine various project structures and explore practical considerations for investors, developers, lenders, site hosts, and governmental entities involved in solar energy projects. If you are about to embark on a solar energy project, or if you are currently involved in structuring or implementing a solar project, you will benefit from the insight and practical advice provided in this program.
Learning Objectives
- You will be able to identify the best structure for your solar lease project.
- You will be able to recognize the cash flows that stem from a solar lease project so you can best structure a deal that works for all parties involved.
- You will be able to explain potential project pitfalls and negotiate provisions to adequately address them.
- You will be able to review and deal with the practical concerns that arise in evaluating and implementing a solar lease project.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Benefits of a Solar Energy Project
- Federal Tax Benefits
- State Incentives
- Federal and State Mandates
Lease, Easement, or License?
Project Structures
- First-Party Ownership
- Third-Party Ownership - the Power Purchase Agreement
- Capital Lease
Practical Considerations
- Roof Warranty
- Roof Repairs
- Casualty and Condemnation
- Access and Staging
Special Considerations for Site Hosts
- Lender Consent and Refinancing Issues
- Resale Issues
Special Considerations for Project Developers
- Recognition and Subordination Issues
- Interconnection Costs
- On-Site Electrical System
- Tax Equity
- Site Host Credit
Special Considerations for Lenders
- Recognition and Subordination Issues
- What Is My Collateral?
- Where Is the Income Stream to Pay Debt Service?
Special Considerations for Government Entities
- No Ability to Use Tax Incentives
- Public Bidding Requirements
- Prevailing Wage and Union Issues
- Procurement and Contracting Issues
Specific Lease Issues
- Access, Utility Easements, Staging Areas, and Parking
- Term and Rent
- Bonds, Guarantees, and Other Security
- Casualty and Condemnation
- Insurance and Indemnities
Maintenance Issues
- Options to Purchase
- End of Term Obligations
- Termination Rights
- Sale of Host Property
- Taxes
- Assignment
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 1, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Stephen A. Kisker
Chiesa, Shahinian & Giantomasi PC
- Member of the firm of Chiesa, Shahinian & Giantomasi PC and chair of the Renewable Energy and Sustainability Group
- General Counsel of the New Jersey Solar Energy Coalition
- Represented various property owners and solar developers in connection with projects totaling more than 200 MW in both the private and public sectors
- Counsels property owners in the sale of properties with existing solar facilities
- Admitted to practice in New York, New Jersey, and Connecticut
- Frequent speaker at seminars, webinars, and trade conferences
- Wrote numerous published articles on solar energy issues
- Visit www.csglaw.com for more information
- Can be contacted at [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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