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Federal Tax Credits May Handcuff Clean Energy Development

John Farrell
January 04, 2012  |  4 Comments

Clean energy advocates should cast aside their worries about increasing Republican scrutiny of energy subsidies.  The clean energy industry's foolish reliance on tax incentives has already handcuffed its expansion.

Unlike the leading nations in the clean energy race, the United States has no coherent energy policy.  Rather, its energy market is balkanized by 50 distinct state policies and overlaid with poorly conceived federal tax incentives.  Federal tax incentives have one redeeming feature.  To get a tax incentive only takes one vote of Congress while getting any other kind of monetary subsidy requires two votes, an authorization and then an appropriations bill. 

The drawbacks are much more substantial.  Building a clean energy future on a foundation of tax credits and deductions means significant inefficiency, reduced opportunity for the public sector, and handcuffing clean energy deployments.

Tax incentives may be politically expedient, but they are financially wasteful.  In fact, tax credits cost Uncle Sam (and the taxpayer) twice as much as handing out cash.  Why?  For many clean energy projects, the developer doesn't have enough tax liability to effectively use the 30% investment tax credit or production tax credit.  Instead, they need a "tax equity partner" (like a Wall Street banker) who can use a big tax credit.  With some legal finagling, the two partners ink a deal that "monetizes" the entire federal incentive, but the Wall Street equity partner takes a hefty cut.  In 2010, renewable energy developers were selling their tax credits to financiers for 30-50 cents on the dollar, with the remainder padding the pockets of financiers rather than buying down the cost of clean energy.

These tax equity partnerships aren't just an inefficient use of public dollars for clean energy, they make locally owned projects more difficult to develop, undercutting the political clout of clean energy by reducing the local economic value of (and commensurate support for) wind and solar projects.

Tax credits also curb pubic sector participation in clean energy.  "Solar for schools" may be a great rallying cry for the solar industry and for education, but tax code incentives don't apply to schools, municipal buildings or non-profits.  Instead, schools and others must seek private partners to offer them a lease, power purchase agreement, or other ownership structure that allows the project to capture at least some of the federal tax incentives.  As the following chart illustrates, however, these arrangements for schools are never quite as cost-effective as privately-owned solar projects.  Furthermore, the partnerships mean the public sector can't use its best weapon, low-cost financing (e.g. bonding) to spread clean energy development. 

The use of tax credits may also artificially cap the clean energy market.  Since clean energy projects must rely on a limited set of tax equity partners and a limited-size tax equity market, when tax equity dries up, so do wind and solar projects.  The economic crisis of 2008 made the problem particularly evident, as the tax equity market shrank by 80 percent from 2007 to 2009.  Only the cash grant program saved the wind and solar industries from total collapse in the intervening years (2009-11), and the cash grant will likely expire at the end of 2011.  The following chart from a SEIA presentation illustrates [pdf] the problem, even though it was devised before the 1-year extension of the cash grant in 2010.

The problem of limited tax equity isn't just short term.  Marshal Salant, managing director of Citigroup Global Markets Inc., said in a recent interview: "There’s more demand for tax equity to finance renewable energy projects than we will ever have in the way of supply." 

In other words, using the tax code for energy policy handcuffs U.S. clean energy development.  The limited market for clean energy will also continue to suffer from major inefficiency and severely constrained options for the public sector, undermining public support for clean energy policies.

There are alternatives to the reliance on tax incentives (outlined last week in our discussion of Germany's run-away success with its comprehensive feed-in tariff energy policy).  But until the clean energy industry is ready to admit the folly of its marriage to tax equity, the American market for wind and solar will suffer.

This post originally appeared on Energy Self-Reliant States, a resource of the Institute for Local Self-Reliance's New Rules Project.

Photo credits: handcuffs by Vectorportal, Wall Street sign by runnx, collage by John Farrell.

The information and views expressed in this blog post are solely those of the author and not necessarily those of RenewableEnergyWorld.com or the companies that advertise on this Web site and other publications. This blog was posted directly by the author and was not reviewed for accuracy, spelling or grammar.

4 Comments

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Tim Dolan
Tim Dolan
January 5, 2012
I looked at depreciation, but it essentially does not work for residential use. It will work for businesses that instal solar or for solar power (AKA large array) businesses.

The whole article is targeted at the large array business. The tax credit is quite good policy for homeowners installing solar and for most people (especially given you can take it over multiple years if needed) well within their tax liabilities. I took the full amount off from my 8.1kW system and still had taxes owed, so the array probably has to be bigger then mine or your income a lot smaller to not be able to take advantage of the tax credit.
ANONYMOUS
January 5, 2012
This is all good and nice but how does the renewable energy industry then compete with the annual $400 Billion in tax incentives, credits, and favorable policies that fossil fuels get?
Steve Giles
Steve Giles
January 5, 2012
In general I agree with the issues associated with tax incentives. however, feed-in tariffs are not they answer. They create signifcant boom & bust cycles in the industry.

We need a policy that establishes parameters that are reasonable, create a furture for the renewable energy industry and promotoe competition. Legislation should benefit distributed behind-the-meter projects and give consumers a greater opportunity to manage their energy supply and cost.

Electric utilites have been supported for years by franchise territories, and attractive rate structures etc. We have seen some of the most challenging economic times in recent histroy, yet we have not seen a single electric utility face bankruptcy, in fact, many have increased dividends. Why provide them more of a free ride. It will be a big mistake to let them dominate renewable energy also. Let's put it in the hands of small business and entrepeneurs.
Ken Fenske
Ken Fenske
January 5, 2012
I see the green depreciation bar for private purchase in the top chart. Exactly how can a homeowner take advantage of depreciation of their solar system?

Not to take anything from the comments below but I am a homeowner and I installed a $60k system on my roof. I got my federal tax credit but from the top chart I see I somehow missed a $20k depreciation allowance for 'private purchase' that even my accountant is unaware of. The author states it as a well known fact but I do not know anything about it and I need some info so I can research it and claim it. Thanks to the professional who can explain this!

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John Farrell

John Farrell

John Farrell directs the Energy Self-Reliant States and Communities program at ILSR and he focuses on energy policy developments that best expand the benefits of local ownership and dispersed generation of renewable energy. His latest paper,...
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