Tax credits, anyone?

Houston software company equips green project developers with IRA compliance tools

Empact’s goal is to help energy companies maximize the tax credits for their clean energy projects. Photo courtesy of Empact

A Houston company has an update to its first-of-its-kind software to assist emerging technology and energy companies with Inflation Reduction Act Energy Community Bonus Credit compliance management and reporting requirements for renewable energy projects.

Empact Technologies has released a software update that incorporates support for the latest IRA Energy Community Bonus management and reporting requirements. The new software is provided at no additional cost to existing Empact clients, and is available to qualified communities through a free trial via Empact’s website.

Empact’s goal is to help energy companies maximize the tax credits for their clean energy projects.

“Empact is the first (and only) company that provides technology and services to help the project developers qualify for and ensure compliance with all of those IRA tax incentive compliance requirements,“ CEO Charles Dauber tells EnergyCapital. “We work with project developers of solar, energy storage, carbon capture and sequestration, and other projects in ERCOT and around the country to manage compliance for the PWA, domestic content, and energy community compliance requirements and make sure they have all of the documentation required to prove to the IRS that these tax credits are valid.”

The software is the first in the industry to incorporate the most recent energy community guidelines released by the U.S. Department of the Treasury and the Internal Revenue Service, known as Notice 2024-48. These guidelines outline Energy Community Bonus qualification requirements for the “Statistical Area Category” and the “Coal Closure Category” in Notice 2023-29.

Empact’s platform will provide tax incentive compliance management for all three types of credits, which will be covered in the IRA’s estimated $1.2 trillion in tax incentives. The credits include a base energy project tax incentive (30 percent) for projects that meet prevailing wage and apprenticeship requirements, a domestic content tax adder (10 percent), and an energy community tax adder (10 percent). Notice 2024-48 is able to be used by developers to confirm project qualification for Energy Community Bonus opportunities.

Empact will support clients on eligibility requirements, manage compliance documentation and verification requirements.

“The IRA is considered the greatest and biggest accelerator for clean energy in the U.S.,” Dauber says. “The IRA provides significant tax incentives for developers of solar, energy storage, wind and other clean power technologies, as well as energy transition projects such as carbon capture and sequestration, hydrogen, biofuels and more.”

According to Empact, the way the IRA works is that developers of projects can “generate” tax credits based on meeting certain project requirements. There are three main factors in play:

  1. The foundational element of the tax credits provides a 30 percent tax credit of the project cost if the project meets requirements related to ensuring a fair wage for construction workers and utilizing a certain amount of apprentices on the project (called Prevailing Wage and Apprenticeship). The project developer (all the EPC and all contractors) must provide documentation that every worker has been paid correctly and that all apprenticeship requirements have been met. Some projects have hundreds of workers from 10-plus contractors every week.
  2. The second tax credit relates to the project utilizing steel and iron and other “manufactured products” such as solar modules, that are made in the U.S. If the project meets the “domestic content” requirements, it is eligible for another 10 percent tax credit. Project developers have to prove the products they use are made in the U.S. and there are calculations that must be done to meet the threshold that goes up every year.
  3. The third tax credit is related to the location of the project. The government is trying to incentivize project developers to put projects in locations with high unemployment, or sites that have existing power generation facilities, or are in areas that used to be coal communities. That tax incentive is called “Energy Communities” and provides an additional 10 percent tax credit for the project developers. To qualify for that tax credit, the developer must provide proof that the project is located in an energy community location.

Companies that remain in compliance by using the software will see immediate benefits, and the clean energy industry as a whole will benefit from Empact’s facilitation of tax credit utilization.

“If a developer does this all correctly, they can qualify for tax credits equal to 50 percent of the cost of the project which is an enormous benefit to getting more projects built and encouraging a balanced energy program in the U.S.” Dauber says. “For example, a 100MW solar farm may cost $100 million, and if they meet all of the criteria, they can qualify for $50 million in tax incentives. The same calculations work for carbon capture, hydrogen and other projects as well although there are some slight differences.

Last August, Stella Energy Solutions, a utility-scale solar and storage developer, entered into a multi-year agreement with Empact to use the platform to manage Stella's IRA tax incentives on all its projects for the next five years.

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A View From HETI

Mike Chilton is the CEO and founder of Fluxpoint Energy. Photo courtesy Fluxpoint

A new nuclear energy startup launched last month during CERAWeek in the Bayou City.

FluxPoint Energy, the new Houston- and McLean, Virginia-based company, plans to develop the nation’s first new uranium conversion facility in more than 70 years, an effort CEO and founder Mike Chilton says is critical to unlocking the next phase of nuclear energy growth.

"Policymakers, utilities, and developers increasingly point to fuel availability as a limiting factor for America's nuclear reactors—both present and future," Chilton said in a news release. "Uranium conversion has become an unacceptable chokepoint in a global supply chain still dominated by foreign providers."

Chilton has held leadership roles at Pegasus-Global Holdings and GE Verona Hitachi Global Nuclear Fuels. Rodrigo Gonzalez Arbizu serves as COO and Christopher J. Rimel as chief of staff. The Board of Advisors includes energy leaders, including Jeff Lyash, John Sharp, Jane Stricker, Jennifer Skylakos, Leo Weitzenhoff and Jay Wileman.

FluxPoint’s planned facility will convert uranium oxide into uranium hexafluoride (UF6). Although FluxPoit’s new facility is still far off, the company announced it had secured a site and completed both market and feasibility studies. The specific area has not been revealed, only that it will be in Texas.

Discussions at CERAWeek revolved around securing reliable sources of uranium.

Nuclear energy production has been stagnant or even in slight decline since the 1990s. Concerns about nuclear waste and safety, as well as prohibitive costs, have kept new plants from being built, while the widespread availability of cheap natural gas has made investing in nuclear power less profitable. Many see the technology as dangerous and outdated.

However, as energy crises become more common, companies like FluxPoint are looking to restart the nuclear energy sector. The industry got a boost under the Biden Administration thanks to the Inflation Reduction Act, which set goals of adding 35 gigawatts of new capacity by 2035.

Chilton participated in a panel on the best ways to ensure American nuclear plants have access to uranium, most of which is not mined in the United States.

"America cannot lead in nuclear energy while relying on foreign-controlled fuel processing," Chilton added. "FluxPoint was created to restore a critical piece of our nation's energy infrastructure—ensuring that U.S. reactors have access to a secure, domestic fuel supply. This is about energy security, economic strength, and global leadership."

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