Tag Archives: solar

IRS Issues PLR Approving Battery Storage for 25D Tax Credit When Integrated with Solar

The Internal Revenue Service has released a redacted copy of its private letter ruling 201809003 in which it concluded that a battery energy storage system charged 100% from an onsite solar system is eligible for the individual tax credit under Section 25D.

In the Letter Ruling, the Service reasoned that the “Battery meets the definition of a “qualified solar electric property expenditure” under § 25D(d)(2) of the Code” based on the taxpayer’s representation that “all energy that is used to charge the Battery can be effectively assured to come from the Solar Energy System” to which it would be interconnected.… More

Massachusetts Senate Committee on Global Warming and Climate Change Releases Far-Reaching Draft Legislation

Yesterday, February 12, 2018, the Massachusetts Senate Committee on Global Warming and Climate Change released a Proposed Draft of legislation staking out an ambitious and far-reaching set of policies across a wide range of sectors.

There is a lot in the proposal and we are still reviewing the details, including the differences among mandates, targets, goals and discretionary authority.

For now,… More

DOER Releases Results of SMART Procurement

This afternoon, the Massachusetts Department of Energy Resources (DOER) released the much-anticipated results of the competitive procurement that will set the base compensation rates for the SMART program.  The base compensation rates range from $0.17 in the NSTAR and Nantucket Electric territories to about $0.14 in WMECO.  In Massachusetts Electric territory, the non-Nantucket territory served under the National Grid umbrella, the base compensation rate is about $0.16.  A DOER summary table of the procurement is below. … More

Massachusetts Department of Public Utilities Investigates Issues Relating to Net Metering, Energy Storage, and Forward Capacity Market Participation

On October 3, 2017, the Massachusetts Department of Public Utilities (“DPU”) opened a new docket (D.P.U. 17-146) to investigate two issues: whether energy storage systems paired with net metering facilities are eligible for net metering and what should be done to clarify the rights of net metering facilities to participate in the Forward Capacity Market (“FCM”).

These issues have been percolating for years.  In fact, D.P.U.… More

SMART Moves to a New Forum: Massachusetts Department of Public Utilities to Consider a SMART Tariff

Stakeholders have been following the development of “SMART” as a successor to the SREC program in Massachusetts for more than a year.  (See our previous posts on the development process here, here, and here.)  As it stands, SMART reflects a determined effort by the Department of Energy Resources (“DOER”) to craft a program that balances multiple interests and sets a sustainable path for solar development in Massachusetts. … More

Ballot Initiative Petitions Include Four Clean Energy Proposals

Initiative petition proponents filed with the Massachusetts Attorney General’s Office earlier this week 28 proposed initiative petitions that, if certified by the AG and endorsed by the requisite number of registered voters, could appear on the November 2018 ballot.  (See this post for more details on the ballot initiative process.)  Interested parties have until Friday, August 11 to (1) submit memoranda setting forth why the AG should or should not certify the measure,… More

DOER Finalizes SREC Factors for Projects that Receive “Good Cause” Extensions

Earlier this week, the Massachusetts Department of Energy Resources (DOER) finalized the details of the Solar Carve-out II extension, which seeks to facilitate the transition between that program and DOER’s proposed Solar Massachusetts Renewable Target (SMART) program. The extension program helps bridge the gap between the Solar Carve-out II incentive program, which went into effect in April 2014 and was designed to support the market until 1,600 MW of PV capacity had been installed,… More

DOER Presents Final Program Design for Solar Massachusetts Renewable Target (“SMART”) Anticipated for January 2018 and Extension of SREC II Program for Approximately One Year

On January 31, 2017, DOER Commissioner Judith Judson and Mike Judge, Director of the Renewable and Alternative Energy Division at DOER, presented the agency’s final proposal for design of its successor to the successful Solar Carve-out and Solar Carve-out II programs in a 3-hour public meeting.

It’s called SMART and lest you doubt that it is, DOER included the following equation in its presentation to prove it:

(Helpfully,… More

Massachusetts DOER to Propose Successor to SREC II Program

In a letter circulated on January 24, 2017, the Massachusetts Department of Energy Resources (DOER) announced it will present a final proposed design of a new solar incentive program at a meeting on January 31, 2017.

DOER has worked with stakeholders over the last several months to develop a successor program to the Solar Carve Out II Program (SREC II). Final details are not yet available,… More

MA Appellate Tax Board Again Finds Virtually Net Metered Solar Facility Exempted from Property Taxation

The Commonwealth of Massachusetts’ Appellate Tax Board (the “Board”) has again ruled that a ‘virtual’ net-metered solar PV project is exempted from property taxation under clause “forty-fifth” of Massachusetts General Laws, Chapter 59, Section 5. This time, the board promulgated its Findings of Fact and Report in KTT, LLC v. Board of Assessors of The Town of Swansea.

Beyond Forrestall

The Findings represent yet another major change in the application of the Commonwealth’s property tax exemption for off-site,… More