With the economy on everyone’s mind
these days, it’s hardly surprising that clients and others
frequently want to know how the recently passed Stimulus Act
(American Recovery and Reinvestment Act of 2009) benefits them or
their companies. Since this large and complex law is so new, the
nation and its banks, regulators, investors, and the bar have little
basis to predict how new incentive programs will be implemented. In
addition, even existing programs may change and operate differently
than in the past. In addition to providing funds, the Stimulus Act
contains a number of novel features to help incentive programs meet
their goals. For example, the law makes certain grants available to
companies that are losing money in recognition that these firms have
limited ability to take advantage of certain existing production or
investment tax benefits.
Operators of
mission-critical facilities can take advantage of numerous potential
opportunities for enhancing their facilities provided that their
requests are coupled with energy efficiency, renewable energy, or
sustainability.
Several benefits apply to
synchronous on-site cogeneration that provides both reliability and
the economic benefit of using of waste heat to generate hot water or
steam. For example, the Act permits accelerated capital depreciation
for 2009 capital expenditures of 50% of the cost. Although this
provision is not limited to energy-related capital expenditures, it
is an incentive for commercial property owners to install on-site
cogeneration, renewable generating facilities, or other
energy-related improvement.
The Act provides
new benefits such as grants and facility funding for manufacturing
advanced batteries and components.
An
effective EMS can be very helpful in reducing a facility’s exposure
to sudden loss of power and in facilitating the transition from grid
power to on-site power. The EMS can be essential when the on-site
power system supplies only critical systems within the facility. EMS
and energy-efficiency measures reduce demand and help to level the
load curve of the facility, resulting in energy and cost savings. The
Stimulus Act provides for $3.2 billion in energy efficiency and
conservation block grants, much of which is directed to states and
local communities to be used for projects to increase energy
efficiency in the building sector, reduce energy use, or reduce
emissions.
The Stimulus Act provides numerous
incentives for renewable energy. Renewable energy produced
domestically confers many advantages but will often come up short
economically when compared to the cost-effectiveness of fossil fuel
delivered by an established supply system. For example, landfills
that supply biogas to utilities and nearby off-takers or provide fuel
for electric generation provide convenient and local reliability
(important for mission critical facilities), since the fuel need not
be transported over long distances or supplied by foreign sources.
Landfill developers also spare the fuel purchaser the commodity price
uncertainties of purchasing natural gas that must be protected by
hedging against commodity cost fluctuations in adverse market
conditions. Biogas produced by farm waste and anaerobic digesters has
similar advantages as those of landfill gas. Biogas is not only
favored by the Stimulus Act but also is likely to receive substantial
advantages under two pending House and Senate bills to promote biogas
production, both of which provide for a business tax credit for the
production, sale, or use of biogas.
The
Stimulus Act provides a variety of tax incentives for these and other
types of renewable energy projects. These benefits and incentives
include Production and Investment Tax Credits (PTCs and ITCs), grants
in lieu of PTCs and ITCs (see below), clean renewable energy bonds,
and the repeal of the subsidized energy financing limitation on the
ITC.
The Act provides $6 billion for a
temporary loan guarantee program for renewable energy systems
(including facilities of component manufacturers of renewable energy
technology), biofuel projects, and electric power transmission
systems (including upgrading and reconductoring projects). Eligible
projects must commence construction by September 30, 2011. Funding
for biofuel projects is limited to $500 million.
The
Act provides for Treasury Department (Treasury) energy grants to
renewable energy projects in lieu of PTCs or ITCs. The Treasury will
issue a grant in an amount equal to 30 percent (10 pecent in certain
cases) of the cost of a qualifying renewable energy
facility-including wind, biomass, landfill gas, waste-to-energy,
hydropower, marine renewable facilities, geothermal, combined heat
and power, microturbine, and geothermal heat pump property-subject
to restrictions on the construction and in-service date of the
facility.
However, the question remains: If
opportunities presented in the Stimulus Act will enhance or enable
the reliability of energy supply or mechanical ability of mission
critical facilities, how can these opportunities be accessed?
Significant portions of the Stimulus Act either extend or enlarge
existing benefits, which presumably can be accessed from various
departments much as before to the extent that these are unchanged.
For example, the grant application process for funds allocated for
energy efficiency and conservation block grants, which originally
were created by the Energy Independence and Security Act of 2007 and
are administered by the Department of Energy (DOE), will remain
unchanged. The Treasury, the DOE, the Internal Revenue Service, the
Environmental Protection Agency, other federal agencies, and
individual states and local communities will allocate funding.
Funding for energy projects according to their respective
jurisdictions. For its part, the DOE has stated that it hopes to
streamline its distribution of the $40 billion allocated to energy
projects in the Stimulus Act, most notably in the “rapid
deployment” of loan guarantees.
The
Stimulus Act recognizes that the government must play a significant
role if renewable energy and energy-efficiency projects are to be
developed and sustained despite fluctuations in the cost of oil and
other hydrocarbons, as Europe has demonstrated for several years.
Facility managers and owners must be attentive to opportunities to
improve existing mission critical capabilities and to upgrade the
energy posture of their facilities. Professionals familiar with those
opportunities who are able to navigate the complexities of the
Stimulus Act and its implementing regulations can assist in
understanding and accessing the opportunities within its energy
provisions.
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