18
Table A1. Select Tax Provisions Addressing EERE Sectors
Details from The American Recovery and Reinvestment Act of 2009
Extends the PTC
In-Service Deadline
Extends the PTC through 2012 for wind, and through 2013 for closed- and open-loop
biomass, geothermal, landfill gas, municipal solid waste, qualified hydroelectric, and marine
and hydrokinetic facilities. In 2008, the inflated PTC stood at $21/MWh for wind,
geothermal, and closed-loop biomass; and $10/MWh for other eligible technologies.
Elect the ITC in
10
Allows PTC-qualified facilities installed in 2009-13 (2009-12 in the case of wind) to elect a
30% ITC in lieu of the PTC. If the ITC is chosen, the election is irrevocable and requires the
depreciable basis of the property to be reduced by one-half the amount of the ITC.
Provides Option to
Elect a Cash Grant
in Lieu of the ITC
Creates a new program (administered by the Treasury) to provide grants covering up to
30% of the cost basis of qualified renewable energy projects that are placed in service in
2009-10, or that commence construction during 2009-10 and are placed in service prior to
2013 for wind, 2017 for solar, and 2014 for other qualified technologies. Applications must
be submitted by October 1, 2011, and the Treasury is required to make payments within 60
days after an application is received or the project is placed in service, whichever is later.
The grant is excluded from gross income, and the depreciable basis of the property must be
reduced by one-half of the grant amount.
Subsidized Energy
Allows projects that elect the ITC to also use “subsidized energy financing” (e.g., tax-exempt
bonds or low-interest loan programs) without suffering a corresponding tax credit basis
reduction. This provision also applies to the new grant option described above.
Extends 50%
Bonus Depreciation
Extends 50% bonus depreciation (i.e., the ability to write off 50% of the depreciable basis in
the first year, with the remaining basis depreciated as normal according to the applicable
schedules) to qualified renewable energy projects acquired and placed in service in 2009.
Extends Loss
Carryback Period
Extends the carryback of net operating losses from two to five years for all small businesses
(i.e., those with average annual gross receipts of $15 million or less over the most recent
three-year period). This carryback extension can only be applied to a single tax year, which
must either begin or end in 2008.
Removes ITC
Dollar Caps
Eliminates the maximum dollar caps on residential small wind, solar hot water, and
geothermal heat pump ITCs (so now at the full 30%). Also eliminates the dollar cap on the
commercial small wind 30% ITC. Credits may be claimed against the AMT.
Expands Loan
Guarantee Program
Expands existing loan guarantee program to cover commercial (rather than just “innovative
noncommercial”) projects. Appropriates $6 billion to reduce or eliminate the cost of providing
the guarantee; this amount could support $60-$120 billion in loans, depending on the risk
profiles of the underlying projects.
Clean Renewable
Energy Bonds
Adds $1.6 billion in new CREBs for eligible technologies owned by governmental or tribal
entities, as well as municipal utilities and cooperatives. With $800 million of new CREB
funding previously added in October 2008, combined new CREB funding totals $2.4 billion.
New ITC for
Manufacturers
Establishes a 30% ITC for the establishment, expansion, or retooling of manufacturing
facilities producing clean energy and related technologies. Projects must be certified by the
Treasury in consultation with DOE.
Energy
Conservation
Bonds
Adds $2.4 billion to state, local, and tribal programs to finance clean energy projects. This is
a four-fold increase from the previous maximum level of available funding.
Efficiency
Upgrades
Increases the credit to 30% (a three-fold increase) for 2009 and 2010 with a $1,500 cap,
and removes limits on certain properties and other subsidized energy financing.
PHEV Consumer
Tax Credit
Modifies the tax credit for consumers of plug-in hybrid electric vehicles (PHEVs) to a
maximum of $7,500 and eliminates some previous restrictions to spur the development of
Alternative Fuel
Tax Credits for
Infrastructure
Increases refueling property tax credits for 2009 and 2010:
• Businesses – Increases from 30% (capped at $30,000) to 50% (capped at $50,000).
• Individuals – Increases from 30% (capped at $1,000) to 50% (capped at $2,000).
•
Hydrogen refueling pumps remain at 30% with a cap increase to $200,000.
Created by Ted James and Jeffrey Logan, NREL, in March 2009; includes input from Mark Bolinger and
Ryan Wiser, LBNL.
10
For analysis on this new option, see Bolinger et al. 2009.