Structuring Solar PV Agreements: Negotiating Real Estate Entitlements and Offtake Agreements
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will examine primary considerations for counsel before finalizing a solar photovoltaic (PV) transaction. The panel will discuss critical 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.
- Overview of a solar PV project transaction structure
- Real estate entitlements
- Introduction to PPAs
- Summary of ancillary agreements
- Regulatory considerations (net metering; PPAs vs. solar leases; size limits)
- Determining whether to use a solar easement or lease
- Zoning regulations
- Restrictive covenants
- Principal considerations
- Setback and height requirements
- Vegetation growth
- Equipment installation
- Terms for revisions
- Conditions of termination
- Best practices for negotiating and structuring the real estate agreement
- Essential provisions and best practices in PPAs
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?
Stephen J. Humes
Holland & Knight
Mr. Humes concentrates his practice in environmental, energy, public utility and infrastructure law. He advises clients... | Read More
Mr. Humes concentrates his practice in environmental, energy, public utility and infrastructure law. He advises clients on energy regulatory, renewable energy project development, and environmental issues, including those associated with power plant, solar photovoltaics, cogeneration, telecommunications towers and other utility facility siting matters. Mr. Humes is a frequent speaker on climate change, renewable energy, distributed generation, and clean energy project development and finance issues.Close
Kristen Thall Peters
Cooper White & Cooper
Ms. Peters has extensive knowledge and experience with renewable energy projects having aided her clients in... | Read More
Ms. Peters has extensive knowledge and experience with renewable energy projects having aided her clients in successfully developing, operating and expanding hundreds of cogeneration facilities, clean fueling facilities and small to medium sized clean energy power plants over the past 20 years. Her work includes securing the real property interests for the land on which the facilities operate, environmental compliance, compliance with renewable portfolio standards, land use and permitting issues, including environmental impact documentation, negotiating power purchase and interconnection agreements, construction contracts, and agreements for the purchase and sale of both renewable fuel sources and environmental attributes, such as renewable energy credits (RECs), carbon credits, Renewable Identification Numbers (RINs) and Low Carbon Fuel Standard (LCFS) credits. She has also been successful in closing several financing transactions for these projects. Ms. Peters is also a frequent speaker on power purchase agreements, ancillary agreements to support renewable energy projects, development of renewable energy projects (including solar, wind, digester gas, biomass, and landfill gas), evaluating environmental impacts under the California Environmental Quality Act (CEQA) in light of AB 32 and related greenhouse gas emissions regulations and green building.Close