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Q&A

How the GOP Tax Bill Would Supercharge Renewable Energy NIMBYs

A conversation with Jillian Blanchard of Lawyers for Good Government about the heightened cost of permitting delays

Jillian Blanchard.
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This week I chatted with Jillian Blanchard, vice president of climate change and environmental justice with Lawyers for Good Government, an organization that has been supporting beneficiaries of the Inflation Reduction Act navigate the uncertainties surrounding tax credits and grant programs under the Trump administration. The reason I wanted to chat with Jillian is simple: the IRA is under threat for the first time under a Republican Congress. I wanted to understand how solar and wind projects could be impacted by the House Republican reconciliation bill and putting IRA tax credits in doubt. I learned a lot.

The following conversation was lightly edited for clarity.

Okay, Jillian, what’s the topline here? How would the GOP reconciliation bill impact individual projects’ development?

There are big chunks of the reconciliation bill that will have dramatic impacts on project development, including language that would repeal or phase out bipartisan and popular tax credits in a way that would make it very, very difficult to invest in projects. I can get into the weeds next.

But it’s worth saying first – the group of programs aside from tax credits that [House Republicans] would repeal represents every single part of America. Hundreds of projects that will not go forward if these programs are not going well. And they have several legally obligated grants that EPA has already mucked up in a litany of ways. But what they’re proposing to do is to pull the rug out from under those programs. On top of that they want to pull any unobligated funding out.

I think it’s extremely misrepresentative to say these are not big cuts. They’re significant cuts to clean air and clean water across the board.

Help me get into the weeds about how phasing out the credits will make it harder to invest in a project.

Right now, a bank might want to invest a certain amount of money in a clean energy project because they know on the back end they can get 30% or 40% back on their investment. A return through tax credits. They can bank on that, because tax credits are a guarantee.

Was that an intentional pun? “Bank”?

Yeah, it is. I love a good pun. You opened the floodgates, that was a mistake.

But anyway, the program itself was supposed to be around until at least 2032 and the bank could bank on those tax credits. That’s a big runway, because projects could get delayed and you could lock in the credit as soon as you started construction.

Now they’re doing a phase-out approach where if your project is not placed into service before a certain date, you don’t avoid the phase out. You don’t get any protections if you’re starting your project now or next year. It has to be placed in service before 2028 or else your project may not be eligible. You are constructing it, you are financing it, but then through no fault of your own – a storm or whatever – then suddenly that project is no longer entitled to get 30% or 40% back.

That’s a big risk. And banks don’t like risk.

Opposition on the ground also delays projects the way a storm does. Would this empower those opponents?

Oh, totally. Totally. If anyone wants to fight a project, a bank might be even less likely to invest in it. The NIMBYs for that particular project become a risk.

What would you tell a developer at this moment who is wondering about the uncertainty around the IRA?

I would tell them that now is the time to speak up. If they want to stay in this business and make sure their energy stays as low-cost as it already is, they need to speak up right now, no matter what their political party affiliation is. Make it clear solar isn’t going away, wind isn’t going away, storage isn’t going away. These are markets America needs to be competitive with the rest of the world.

Yellow

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Hotspots

Indiana Energy Secretary: We’ve Got to ‘Do Something’ About the NIMBYs

And more on the week’s most important battles around renewable energy.

The United States.
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1. Indianapolis, Indiana – The Sooner state’s top energy official suggested energy developers should sue towns and county regulators over anti-renewable moratoria and restrictive ordinances, according to audio posted online by local politics blog Indy Politics.

  • Per the audio, Indiana Energy Secretary Suzie Jaworowski told a closed-door audience Tuesday that she believes the state has to “do something” about the recent wave of local bans on renewable energy because it is “creating a reputation where industry doesn’t want to come.” Among the luncheon’s sponsors were AES Indiana, Duke Energy, and the industry group Chambers for Innovation and Clean Energy, and it was officially chaired by Citizens Energy, Indiana Electric Cooperatives, and EDP Renewables.
  • Jaworowski – who was previously an official in the first Trump administration – bemoaned the fact companies spend copious amounts of money on community engagement only to reach no deal. “Personally I think that those companies should start suing the communities and get serious about it,” she said, adding that her office is developing a map of “yes counties” for energy development.
  • At least eleven Indiana counties have outright moratoria on renewable energy development and more than twenty others have at least some form of restriction on solar or wind, according to the Heatmap Pro database.

2. Laramie County, Wyoming – It’s getting harder to win a permit for a wind project in Wyoming, despite it being home to some of the largest such projects in the country.

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Q&A

A Former New England Energy Official Grapples With Losing Offshore Wind

A conversation with Barbara Kates-Garnick, former undersecretary of energy for the state of Massachusetts

Barbara Kates-Garnick.
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This week’s conversation is with Barbara Kates-Garnick, a professor of practice at The Fletcher School at Tufts University, who before academia served as undersecretary of energy for the state of Massachusetts. I reached out to Kates-Garnick after I reported on the circumstances surrounding a major solar project cancellation in the Western Massachusetts town of Shutesbury, which I believe was indicative of the weakening hand developers have in conflicts with activists on the ground. I sought to best understand how folks enmeshed in the state’s decarbonization goals felt about what was happening to local renewables development in light of the de facto repeal of the Inflation Reduction Act’s clean electricity tax credit.

Of course, like anyone in Massachusetts, Kates-Garnick was blunt about the situation: it’s quite bad.

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Spotlight

National Republicans Are Parachuting into Local Battery Battles

Here come Chip Roy and Lee Zeldin.

Chip Roy and Lee Zeldin.
Heatmap Illustration/Getty Images

National Republican political leaders are beginning to intervene in local battles over battery storage, taking the side of activists against developers. It’s a worrisome trend for an industry that, until recently, was escaping the culture clashes once reserved only for solar and wind energy.

In late July, Texas Congressman Chip Roy sent a letter to energy storage developer Peregrine Energy voicing concerns about a 145 megawatt battery project proposed in rural Gillespie County, an area one hour north of San Antonio that sits in his district. Roy, an influential conservative firebrand running to be state attorney general, asked the company more than a dozen questions about the project, from its fire preparation plans to whether it may have ties to Chinese material suppliers, and stated that his office heard “frustrations and concerns” about the project from “hundreds of constituents – including state and local elected officials.”

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