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.

Stella Energy Solutions will use the newly launched Empact platform to ensure its projects meet IRA requirements. Photo courtesy of Empact

Houston solar company snags partnership with clean energy SaaS platform

IRA ready

Houston solar utility and story company has tapped into tech from a clean energy incentive management software and services business.

Stella Energy Solutions, a utility-scale solar and storage developer, has entered into a multi-year agreement with Empact Technologies, which provides software and services for clean energy tax incentive management. The new platform launches this week and is "designed to maximize the impact of clean energy project incentives under America’s Inflation Reduction Act," according to a news release.

Moving forward, Stella will use the Empact Technologies platform to manage its IRA tax incentives on all its projects for the next five years.

“Ensuring adherence to the new IRA tax incentive requirements is a critical element of our project financing,” says Staats Battle, senior vice president of operations at Stella Energy, in the release. “We chose Empact Technologies to manage the entire process on our behalf, from working with our EPCs and project suppliers, to providing third party proof of our compliance to our financing partners.”

The Empact platform uses a combination of software and services to make sure projects meet IRS regulatory requirements, which focus on wage and apprenticeship, domestic content, and energy and low-income community incentives, according to the release.

“We’re on the brink of a global transformation to a clean energy future. Empact’s platform will enable a more sustainable and equitable energy transition by optimizing the financial, social, and environmental impact of clean energy projects,” said Charles Dauber, founder and CEO of Empact Technologies, in the release.

Per a Goldman Sachs report, the IRA is estimated to provide $1.2 trillion of incentives by 2032.

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Supreme Court declines to hear from oil and gas companies trying to block climate change lawsuits

The Supreme Court said Monday, January 13, it won’t hear an appeal from oil and gas companies trying to block lawsuits seeking to hold the industry liable for billions of dollars in damage linked to climate change.

The order allows the city of Honolulu's lawsuit against oil and gas companies to proceed. The city's chief resilience officer, Ben Sullivan, said it's a significant decision that will protect "taxpayers and communities from the immense costs and consequences of the climate crisis caused by the defendants’ misconduct.”

The industry has faced a series of cases alleging it deceived the public about how fossil fuels contribute to climate change. Governments in states including California, Colorado and New Jersey are seeking billions of dollars in damages from things like wildfires, rising sea levels and severe storms. The lawsuits come during a wave of legal actions in the U.S. and worldwide seeking to leverage action on climate change through the courts.

The oil and gas companies appealed to the Supreme Court after Hawaii's highest court allowed the lawsuit to proceed. The companies include Sunoco, Shell, Chevron, Exxon Mobil and BP, many of which are headquartered in Texas.

The companies argued emissions are a national issue that should instead be fought over in federal court, where they've successfully had suits tossed out.

“The stakes in this case could not be higher," attorneys wrote in court documents. The lawsuits “present a serious threat to one of the nation’s most vital industries.”

The American Enterprise Institute, a conservative think tank, said declining to hear the Honolulu case now means the companies could face more lawsuits from activists trying to “make themselves the nation's energy regulators.”

“I hope that the Court will hear the issue someday, for the sake of constitutional accountability and the public interest,” said Adam White, a senior fellow at the institute.

The Democratic Biden administration had weighed in at the justices' request and urged them to reject the case, saying it's fair to keep it in state court at this point — though the administration acknowledged that the companies could eventually prevail.

The incoming Republican Trump administration is expected to take a sharply different view of environmental law and energy production.

Honolulu argued it's made a strong case under state laws against deceptive marketing and it should be allowed to play out there. “Deceptive commercial practices fall squarely within the core interests and historic powers of the states,” attorneings wrote.

Environmental regulations, meanwhile, have not always fared well overall before the conservative-majority court. In 2022, the justices limited the Environmental Protection Agency’s authority to regulate carbon dioxide emissions from power plants. In June, the court halted the agency’s air-pollution-fighting “good neighbor” rule.

Justice Samuel Alito recused himself from consideration of the appeal. He did not specify a reason, but he owns stock in companies affected by the lawsuits, according to his most recent financial disclosure.

Houston manufacturer announces North Carolina as the location for its $193.7M facility

coming soon

Houston-based manufacturer of high-temperature superconducting wires MetOx International Inc. will build a major production facility in Chatham County, North Carolina, which is expected to create 333 jobs, and invest $193.7 million in the state.

MetOx is a leader in High Temperature Superconducting technology (HTS), which is an advanced power delivery technology that is capable of transmitting extremely high power at low voltage with zero heat generation or energy loss. The technology is assisting in the energy sectors like power transmission, distribution, and grid expansion.

“Establishing our new large-scale manufacturing facility in Chatham County is a pivotal step toward securing a reliable, domestic supply of HTS wire for the development of critical infrastructure in the United States,” Bud Vos, CEO of MetOx, says in a news release. “This facility will not only deliver transformative energy technologies that strengthen our grid and reduce carbon emissions but also create high-paying manufacturing jobs in a community eager to lead in innovation. We are proud to partner with North Carolina to drive forward a resilient energy future built on cutting-edge science and strong local collaboration.”

The new facility is funded in part by an $80 million investment from the United States Department of Energy, which the company announced in October. In September, the company closed $25 million in a series B extension round.

MetOx also announced last month that received an undisclosed investment from Hawaii-based Elemental Impact, which is a leading climate-focused investment platform. As a national implementation partner for the EPA's $27 billion Greenhouse Gas Reduction Fund, Elemental Impact has received $100 million to deploy later-stage commercialized technologies according to the company.

The funding is expected to advance the expansion of MetOx’s Houston production line and the deployment of its HTS wire, which can make transmission cables up to ten times more efficient than traditional copper cables and will be used at the North Carolina facility.

“Building domestic manufacturing capacity for critical grid technologies is essential for America’s energy future," Danya Hakeem, vice president of Portfolio at Elemental Impact, says in a news release. “MetOx’s expansion in Houston demonstrates how we can simultaneously advance grid modernization and create quality manufacturing jobs. Their technology represents exactly the kind of innovation needed to unlock the next wave of clean energy deployment.”

The project in North Carolina will be facilitated with a Job Development Investment Grant formally awarded to a new company being created by MetOx. In the 12-year term of the grant, economists in the Department of Commerce estimated the project will grow North Carolina’s economy by $987.8 million.

US opens new Tesla probe focused on remote driving technology

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U.S. regulators have opened an investigation into 2.6 million Teslas after reports of crashes involving the use of company technology that allows drivers to remotely command their vehicle to return to them, or move to another location, using a phone app.

The National Highway Traffic Safety Administration also said Tuesday that Tesla did not report any of the accidents. Tesla is under order to report crashes on “publicly accessible roads” involving vehicles being operated through its autonomous driving technology.

The new investigation follows another probe launched in October looking into the company's “Full Self-Driving” system after getting reports of crashes in low-visibility conditions, including one that killed a pedestrian. That investigation covers 2.4 million Teslas from the 2016 through 2024 model years.

Tesla did not respond to a request for comment from The Associated Press on Tuesday.

One driver filed a complaint after a crash while using Tesla's “Actually Smart Summon” technology and NHTSA is looking into another three similar incidents based on media reports, the NHTSA said. The agency is looking into 12 total incidents reported by users of the technology.

Each of the vehicles failed to detect posts and other parked vehicles, according to the NHTSA.

Regulators say the vehicles struck objects because the users had "too little reaction time to avoid a crash, either with the available line of sight or releasing the phone app button, which stops the vehicle’s movement.”

Shares of Tesla Inc., based in Austin, Texas, slid more than 4% in late afternoon trading Tuesday.

Musk has complained that U.S. regulations are too onerous and are holding back the development of self-driving cars. Ethics experts are worried that once President-elect Donald Trump takes office, Musk will push him to ease oversight of Tesla, which just suffered its first decline in annual sales in more than a decade.

Musk donated an estimated $250 million to Trump's presidential campaign and is a frequent guest at Trump's Mar-a-Lago, vetting cabinet nominees and meeting with foreign heads of state. Trump has put Musk in charge of an advisory group, the Department of Government Efficiency, that will recommend where to cut government expenses and staff at federal agencies and reduce regulation.

The NHTSA said Tuesday it will look into the top speed that Teslas can reach when users deploy its “summons” technology, as well as restrictions on public roads and line of sights requirements. It also said it expects to check for any “connectivity delays" with the app that could result in increased stopping distance.

Tesla’s Model 3 owner’s manual says that its “summons” feature is designed for use only in parking lots and driveways on private property and is disabled on public roads.

The new probe covers 2016-2025 Model S and X vehicles, 2017-2025 Model 3, 2020-2025 Model Y equipped with Tesla's Full Self-Driving driver assistance system.