Structuring Solar PV Agreements: Negotiating Real Estate Entitlements and Offtake Agreements

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, October 31, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will examine primary considerations for counsel before finalizing a solar photovoltaic (PV) transaction. The panel will discuss key components of solar PV transactions, including real estate entitlements such as easements or leases, and offtake agreements, such as power purchase agreements (PPAs). The panel will offer best practices for negotiating and structuring the critical solar PV project agreements.

Description

Government incentives have sparked growth in the renewable energy industry, including an increase in solar PV energy development. To take advantage of the recent developments, solar energy project operators must secure real estate rights and negotiate offtake agreements to ensure the necessary rights to finance and develop a successful solar PV project.

Solar energy projects require long-term real estate entitlements, such as easements or leases, to ensure unobstructed, direct access to sunlight for efficient operation. Solar easements enable property owners to install solar PV panels and related equipment and give project operators the right to use the airspace above their land to access direct sunlight.

The easement will vary depending on the solar energy system and the landowner involved. Leases offer similar protections, although may lack some of the long-term benefits of easements.

Counsel must carefully negotiate critical provisions in each real estate agreement, including scope, terms of revision and compensation. Further, counsel must evaluate considerations such as zoning regulations and restrictive covenants before executing the real estate entitlement documentation.

Counsel must understand the fundamental concepts and best practices for negotiating and structuring offtake agreements, such as a PPA, which should be closely related to the real estate entitlement agreement and provide project developers, tax equity investors and lenders the necessary assurances of long-term energy revenue to support the project.

Listen as our authoritative panel of practitioners discusses the primary components of a solar easement, as well as considerations to weigh before entering into any offtake related agreements. The panel will offer best practices for negotiating and structuring the easement agreement.

READ MORE

Outline

  1. Overview of a solar PV project transaction structure
    1. Real estate entitlements
    2. Introduction to power purchase agreements
    3. Summary of ancillary agreements
    4. Regulatory considerations (net metering; PPAs vs. solar leases; size limits)
  2. Determining whether to use a solar easement or lease
    1. Pros
    2. Cons
    3. Zoning regulations
    4. Restrictive covenants
  3. Principal considerations
    1. Scope
    2. Setback and height requirements
    3. Vegetation growth
    4. Equipment installation
    5. Terms for revisions
    6. Conditions of termination
    7. Compensation
  4. Best practices for negotiating and structuring the real estate agreement
  5. Essential provisions and best practices in PPAs

Benefits

The panel will review these and other high priority issues:

  • What are the essential provisions to address when structuring solar PV agreements?
  • What are the long-term considerations for parties and their counsel entering solar PV agreements?
  • What strategies should counsel employ in drafting and negotiating solar PV air space entitlements?

Faculty

Humes, Stephen
Stephen J. Humes

Partner
Holland & Knight

Mr. Humes concentrates his practice in environmental, energy, public utility and infrastructure law. He advises clients...  |  Read More

Thall Peters, Kristen
Kristen Thall Peters

Partner
Cooper White & Cooper

Ms. Peters has extensive knowledge and experience with renewable energy projects having aided her clients in...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

Download

$297