Texas A ^^>Jl United States *S*b^~r~Mim. Environmental Protection ^t^kl *m Agency State Incentives for Achieving Clean and Renewable " Energy Development on Contaminated Lands The development of dean and renewable energy on formerly used land offers many economic and environmental benefits. Combining dean and renewable ~~* energy and contaminated land cleanup incentives can allow investors and communities to create economically viable clean and renewable energy redevelopment projects. This document provides information about incentives in your state that can be leveraged for clean and renewable energy and development of contaminated land. Incentives for Clean and Renewable Energy Tax Incentives (abatements, credits, deductions, etc.) Texas Franchise Tax Exemption www.seco.cpa.state.tx.us/rejncentives-taxcode-statutes.htm Provides a franchise tax exemption to manufacturers, sellers, or installers of solar energy devices, which allows for the deduction of the total cost of the system from the company's taxable capital or 10% of the system's cost off the company's income. Technical Assistance and Other Incentives _ Renewable Energy Credit (REC) www.seco.cpa.state.tx.us/rejps-portfolio.htm Creates flexibility in the development of renewable energy projects through an REC trading system. The program is anticipated to continue through 2019. Innovative Energy Demonstration Project www.seco.cpa.state.tx.us/re.htm Funds solar, wind, and biomass demonstration projects throughout Texas, and sponsors conferences, workshops, and educational efforts that motivate Texans to use and promote all renewable energy systems in their communities. Net Metering _ www.puc.state.tx.us/rules/subrules/electric/25.242/25.242ei.cfm Requires Texas utilities to offer a net metering option to qualifying facilities of 50 kW or less, using renewable energy resources. There is no statewide limit on the number of customers or total capacity under the net metering program. Quick Facts Public Benefit Fund (PBF) Renewable Portfolio Standard 5,880 MW by 2015 Net Metering Interconnection Standards Yes D No 0 Yes 0 No D Yes 0 No D Yes 0 No D Electric Power Industry Generation by Primary Energy Source (EIA, 2006) Petroleum-Fired 0.4% Nuclear 10.3% Natural Gas-Fired 49.0% Hydroelectric 0.2% Coal-Fired 36.5% Other Renewables 2.0% Points of Contact Texas Franchise Tax Exemption Theresa Bostick, (512) 305-9952 REC, Innovative Energy Demonstration Program Pam Grace, pam.groce@cpa.state.tx.us (512) 463-1889 or 1-800-531-5441, Ext. 3-1889 Net Metering Public Utility Commission of Texas customer@puc.state.tx.us, (512) 936-7000 Information current as of November 2008; please refer to www.dsireusa.org and the state Web sites provided, or contact the points of contact identified above for more up to date information. Texas Incentives for Clean and Renewable Energy - Page ' ------- Incentives for Development of Contaminated Land Funding (grants, loans, bonds, etc.) Railroad Commission of Texas (RRC) Brownfield Response Program (BRP)/Voluntary Cleanup Program www.rrc.state.tx.us/divisions/og/brownfield/index.html Provides EPA grant funding for environmental site assessments. Provides an incentive to remediate oil and gas-related pollution by participants as long as they did not cause or contribute to the contamination. RRC promotes voluntary cleanups by identifying brownfield sites associated with exploration and production. Tax Incentives (abatements, credits, deductions, etc.) State Property Tax Incentives for Brownfields Redevelopment (Ad Valorem Property Tax Abatements) www.tceq.state.tx.us/remediation/bsa/bsa.html#prop Provides state property tax incentives for brownfields redevelopment. To be eligible, the real property must: 1) be located in a reinvestment zone created under Section 311 of the Texas Tax Code; 2) not be in an improvement project financed by tax increment bonds; and 3) have received a Certificate of Completion (COC) from the voluntary cleanup program (VCP). The governing body must enter into a tax abatement agreement with the owner of the property. The governing body is allowed to exempt from taxation: 1) not more than 100% of the value of the property in the first year covered by the agreement; 2) not more than 75% of the value of the property in the second year covered by the agreement; 3) not more than 50% of the value of the property in the third year covered by the agreement; and 4) not more than 25% of the value of the property in the fourth year covered by the agreement. Technical Assistance and Other Incentives Technical Assistance to Local Governments www.tceq.state.tx.us/remediation/bsa/bsa.html#assist Allows state to provide technical advice, education, and project partnering (including partnering with other federal and state agencies) for some brownfields redevelopment projects owned by local governments, or where the local government plays a key role in the redevelopment. Innocent Owner Program (IOP) www.tceq.state.tx.us/remediation/iop/iop.html Provides a certificate to an innocent owner or operator if their property is contaminated as a result of a release or migration of contaminants from a source or sources not located on the property, and they did not cause or contribute to the source or sources of contamination. Like the Texas VCP, the IOP can be used as a redevelopment tool or as a tool to add value to a contaminated property by providing an Innocent Owner/Operator Certificate (IOC). However, unlike the VCP release of liability, lOCs are not transferable to future owners/operators. Future innocent owners or operators are eligible to enter the IOP and may receive an IOC only after they become an owner or operator of the site. Limitations on Liability Texas Voluntary Cleanup Program www. tceq. state, tx. us/remediation/vcpA/cp. html#Database Provides that any site not subject to response actions under RRC authority or an order or permit from the Texas Commission on Environmental Quality (TCEQ), or where TCEQ enforcement action is pending, is eligible to enter the voluntary cleanup program. Provides parties with a COC after cleanup completion. The COC states that all non-responsible parties are released from all liability to the state for cleanup of areas covered. Quick Facts Yes 0 No D 1,955 Limitations on Liability Number of State-Tracked Contaminated Properties: Includes Voluntary Remediation Program Number of EPA CERCLIS Sites: 488 Sites identified for potential investigation under the federal Superfund Program Number of EPA Brownfields Properties: 493 Properties being funded or addressed under the EPA Brownfields Program There may be some overlap among the categories listed and sites listed may not represent all potentially contaminated sites in Texas. Points of Contact RRC BRP/Voluntary Cleanup Program, Texas Voluntary Cleanup Program Limitations on Liability Aimee Beveridge, aimee.beveridge@rrc.state.tx.us, (512) 463-7995 State Property Tax Incentives for Brownfields Redevelopment, Technical Assistance to Local Governments, IOP Mike Frew, mfrew@tceq.state.tx.us, (512) 239-5872 Information current as of November 2008; please refer to www.epa.gov/brownfields/pubs/st_res_prog_report.htm and the state Web sites provided, or contact the points of contact identified above for more up to date information. Texas Incentives for Development of Contaminated Land - Page 2 ------- |