Incentivizing Clean Energy: Understanding the Brownfield Credit under the Inflation Reduction Act of 2022
Key Ideas
  • The Inflation Reduction Act of 2022 introduces financial incentives to promote clean energy projects in economically stressed areas, offering a 10% bonus federal tax credit for projects on brownfield sites.
  • The brownfield credit adds 10% to the existing Section 48 investment tax credit (ITC) or Section 45 production tax credit (PTC), boosting the total tax credit to 40% ITC or an additional increment on top of the PTC.
  • To qualify for the brownfield credit, project developers must navigate careful presentation to avoid potential cleanup liabilities, following IRS guidelines that define brownfield sites differently from the EPA's Superfund liability classification.
  • The IRS has established 'safe harbor' categories for qualifying brownfield sites, including sites previously assessed as brownfields, completion of ASTM environmental assessments confirming hazardous substances, and smaller projects with Phase I ESA reports.
The Inflation Reduction Act of 2022 includes provisions aimed at accelerating the adoption of clean energy projects in regions facing economic challenges. Under this act, one notable financial incentive is the introduction of a brownfield credit, which provides project owners with additional benefits for developing renewable energy projects, energy storage facilities, green hydrogen projects, and biogas plants on brownfield sites. Project owners eligible for the brownfield credit can benefit from a 10% adder on top of the existing Section 48 investment tax credit (ITC) or Section 45 production tax credit (PTC). This means that a project qualifying for the base 30% ITC could receive a total of 40% ITC, while a project with the base PTC would earn an extra 10% increment on top of the PTC amount. To qualify for the brownfield credit, developers must be cautious in presenting their projects to avoid potential cleanup liabilities that could diminish the economic value of the tax credit. The IRS has published guidelines to help developers understand what constitutes a brownfield site and how to meet the eligibility criteria. The definition of a brownfield site under the IRS differs from that of the Environmental Protection Agency (EPA), particularly in terms of Superfund liability and federal cleanup programs. The IRS definition focuses on the presence or potential presence of hazardous substances that complicate redevelopment, with exclusions for sites under cleanup orders or designated as Superfund sites. To simplify the qualification process, the IRS has established 'safe harbor' categories that project developers can leverage to qualify for the brownfield credit. These safe harbor categories include previous assessments of sites as brownfields, completion of ASTM environmental assessments confirming hazardous substances, and smaller projects with Phase I ESA reports up to a certain capacity. By offering these financial incentives and guidelines, the IRA aims to encourage the development of clean energy projects in areas that have historically faced economic challenges, providing opportunities for repurposing environmentally distressed properties and revitalizing communities.
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