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Solar Leases: Legal, Business and Practical Considerations

Solar energy has been one of the few growth industries in an otherwise dismal economic environment. The leasing of rooftops, parking lots and land has become a popular source of revenue for property owners. In addition, anyone that is a consumer of electricity, or has capital to invest, can benefit from a solar energy project. Professionals negotiating solar leases and related documents must take into account varied and important legal and business issues. Parties must consider whether a lease, license or easement is the proper vehicle for their specific project. Once the proper vehicle is chosen, the parties must weigh the competing interest of the stakeholders regarding important issues such as casualty, assignment rights, maintenance, indemnifications, taxes, performance guarantees and insurance, among others. Careful crafting of the deal documents is critical to ensure the parties are getting the deal they expect.

This OnDemand Webinar will explain the nuts and bolts of a solar energy project and how to best craft deal documents that work for all parties involved. The program will examine various project structures and explore practical considerations for investors, developers, lenders, site hosts and governmental entities involved in solar energy projects. If you are about to embark on a solar energy project or if you are currently involved in structuring or implementing a solar project, you will benefit from the insight and practical advice provided by this program.

Learning Objectives:

  • You will be able to identify project structures.
  • You will be able to describe specific lease issues.
  • You will be able to review whether to lease, license or easement.
  • You will be able to define the public bidding requirements.

Runtime: 88 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Benefits of a Solar Energy Project

  • Financial and Tax Benefits
  • State and Local Benefits

Project Structures

  • First Party Ownership
  • Power Purchase Agreement
  • Capital Lease

Special Considerations for Site Host

  • Lender Consent/Refinancing Issues
  • Technology/Project Developer Risk
  • Resale Issues

Special Considerations for Project Developers

  • Recognition and Subordination Issues
  • Interconnection Costs
  • On-Site Electrical System
  • Tax Equity

Special Considerations for Lenders

  • Recognition and Subordination Issues
  • What Is My Collateral and What Is It Worth?
  • Where Is the Income Stream to Pay Debt Service?

Special Considerations for Government Entities

  • No Ability to Use Tax Incentives
  • Public Bidding Requirements
  • Prevailing Wage/Union Issues
  • Procurement/Contracting Restrictions

Lease, License or Easement?

Specific Lease Issues

  • Utility Easements, Staging Areas, Access and Parking
  • Term; Rent
  • Bonds and Other Security
  • Casualty and Condemnation
  • Insurance
  • Roof and Other Maintenance Issues
  • Performance Guaranty
  • Options to Purchase
  • End of Term Obligations
  • Termination Rights
  • Indemnities
  • Sale of Host Property
  • Taxes
  • Assignment

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Stephen A. Kisker

Stephen A. Kisker

Chiesa, Shahinian & Giantomasi PC

  • Member of the firm of Chiesa, Shahinian & Giantomasi PC and chair of the Renewable Energy and Sustainability Group
  • General Counsel of the New Jersey Solar Energy Coalition
  • Represented various property owners and solar developers in connection with projects totaling more than 100 MW in both the private and public sectors
  • Counsels property owners in the sale of properties with existing solar facilities
  • Admitted to practice in New York, New Jersey and Connecticut
  • Frequent speaker at seminars, webinars and trade conferences
  • Wrote numerous published articles on solar energy issues
  • Visit www.csglaw.com for more information
  • Can be reached at [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 391118
Published 2013, 2018
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