Solar Law 101. Will Dodge, Esq. Regulated Entities Group Burlington, Vermont

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1 Solar Law 101 Will Dodge, Esq. Regulated Entities Group Burlington, Vermont

2 Q: What permits are required for solar panel installation? A. Act 250 B. Municipal zoning permits C. Section 248 Approval D. Both a and b E. None. 52% 45% 0% 3% 0% A. B. C. D. E.

3 A: Section 248 Approval Vermont PUC reviews two basic types of solar projects: A. Net Metering = offset customer s own electricity 1. registration for g-m facility up to 15kW, rooftop up to 500kW 2. applications for g-m between 15kW and 500kW B. Non-net Metering through petition for CPG Local zoning / Act 250 preempted.

4 Q: Which of the following are not preferred sites under VT's net-metering program? A. Parking canopies and commercial building rooftops 77% B. Gravel pits, landfills, and brownfields C. Superfund sites D. On same parcel as customer taking 50%+ of output E. "Greenfield" property 12% 4% 4% 4% A. B. C. D. E.

5 A: Preferred Sites Solar parking canopy Solar landfill Solar superfund site (Elizabeth Mines Thetford) Agricultural Land (Current use irrelevant) Commercial building (offtaker agreement) Source: Maverick Media: Macworld, 9/25/2017

6 Q: Which of the following are true? A. Towns can ban all solar projects. 41% B. HOAs can use covenants to 37% prohibit solar. C. My neighbor can sue me for installing a solar project b/c I hate looking at it. D. My neighbor is not liable for 11% planting trees to shade my 7% solar panels. 4% E. Solar setbacks are enforceable. A. B. C. D. E.

7 A: Solar Setbacks State law now adds setbacks to all facilities: For 15kW to 150kw: 25 from property boundary, 40 from highway. For 150kW and above: 50 from boundary, 100 from highway. Towns can establish their own setbacks as long as no effective prohibition or functional interference

INTERLUDE: Figurative Setbacks for VT Solar 1. Preferred Sites 2. Mt. Philo Case (9K) 3. International Trade Commission Decision: Solar Panel Tariffs Figurative Advantages 1.

8 INTERLUDE: Figurative Setbacks for VT Solar 1. Preferred Sites 2. Mt. Philo Case (9K) 3. International Trade Commission Decision: Solar Panel Tariffs Figurative Advantages 1. Business Energy Investment Tax Credit (30% for solar through 2019) 2. Act 174 (90% renewable by 2050) 3. No Solar Nuisance Ruling (Peck Electric Case) 4. Regional Reputation much more solar growth than in NH, ME, CT, or RI.

9 Q: Which statement regarding aesthetic mitigation plans for solar projects is/are incorrect? A. Rooftops and parking canopies are exempt B. Plans are developed after application is filed. 73% C. Burden of proof to show an undue adverse effect on aesthetics is with project opponents. D. Mitigation Plan will trump a Regional Planners recommendation letter on aesthetics. E. Answers B, C and D. 4% 15% 4% 4% A. B. C. D. E.

B. Aesthetic mitigation plans have to be developed BEFORE application is filed (!) C. DEVELOPER (not opponent) has burden of showing no undue adverse effect on aesthetics (!

10 B. Aesthetic mitigation plans have to be developed BEFORE application is filed (!) C. DEVELOPER (not opponent) has burden of showing no undue adverse effect on aesthetics (!) A: Mitigation Plans D. If Department of Public Service certifies Regional Plan for energy compliance, PUC gives substantial deference to recommendations (i.e., regional planners win)(!) Source: HiConsumption 11/8/2017

11 Q: Which of the following rings most true to you? A. New residential / commercial development should be solar ready. 48% B. Adding solar to my project is a good tactic to improve chances of my project being approved through local / Act 250. C. Solar panels on my project adds too much cost, but being an offtaker to reduce my project s energy bill makes sense. 24% D. Leasing or selling my vacant or unusable predeveloped sites to solar developers is a smart business move. 7% 10% 10% E. None of the above. A. B. C. D. E.

12 A: Solar Development = Great Development

13 Solar Development & Financing Derek Moretz Chief Development Officer Burlington, Vermont

14 Q: What is the biggest constraint to deploying solar on your next development project? A. I can t (don t want to) finance the system B. Regulatory constraints/ uncertainty C. Don t have a good site D. Wait until technology matures E. All of the above 39% 28% 17% 17% 0% A. B. C. D. E.

15 Project Financing Investment Tax Credits Accelerated Depreciation Difficult to Secure (passive vs. active) Debt Financing Innovative Deal Structures 3rd Party Financing

16 Regulatory Considerations Siting Aesthetics Environmental Historic Interconnection Proximity to load Solar Saturation Rates Cost vs. Benefit Scale & Location Matter Policy Permitting (Section 248) Preferred Sites Local Jurisdiction

17 Energy Procurement Net Metering Retail Sales Renewable Energy Credits (RECs) Battery Storage Solar Duck Curve Source: US Dept of Energy

18 Technology Other Renewable Alternatives Modules Racking & Fasteners Inverters / SCADA Battery Storage

19 All of the Above 90% Renewable by 2050 Existing Projects by Type Residential Commercial Utility Environmental Stewardship Financial Returns Medium Term Improvement to Property

20 Resources & Action Find a solar partner Get involved in the Town Energy Planning Join REV Share your climate actions, learn from others success

21 QUESTIONS? SPEAKERS Olivia Campbell-Anderson Renewable Energy Vermont Adam Crary VHB Will Dodge Downs Rachlin Martin Derek Moretz Encore Renewable Energy

Clean Energy Policy & Procurement- Regional v. Go-It-Alone Approach

Clean Energy Policy & Procurement- Regional v. Go-It-Alone Approach Dan Bosley Government Relations Executive Northeast Clean Energy Council November 17, 2016 Northeast Clean Energy Council NECEC s mission