Clearly, the interpretation of what constitutes “begin construction” is important, yet at no time during the two years since the PTC was extended with this wording did the IRS bother to seek public comment under the Administrative Procedure Act ("APA"), the federal statute that requires federal agencies to provide notice and an opportunity to comment before promulgating rules.
WindAction Editorials filed under Taxes & Subsidies
The debate is no longer about the fear of change or aesthetics. It’s about preserving the health, safety, and welfare of communities from developers hell-bent on sticking turbines on every free acre with transmission access no matter who’s in the way. More than twelve active lawsuits are pending against wind projects in as many states, and more are sure to follow.
The wind PTC/ITC expired on January 1, 2014. The Senate Finance Committee passed the EXPIRE Act which would extend the wind PTC/ITC and dozens of other tax credits/deductions worth close to $85 billion. Senator Harry Reid does not have the votes to bring EXPIRE to the floor of the Senate and has, thus far, refused all efforts to amend the bill. He is aware that Senate Republicans, in part, intend to remove the PTC/ITC from the bill. Senator Reid has made bold promises to the wind crowd about votes during the lame duck session to bring back the PTC/ITC but he is not in a strong position to deliver on his promises. Democrats are on the defensive and may well lose control of the Senate come November. If that happens, there is no certainty the wind PTC will make a return.
The U.S. Department of Energy is touting that wind energy pricing dropped precipitously in 2013, but the report cited by the DOE presents a different story. We examine some of the trends in wind energy development in this latest essay.
Last month when GE's Chief Financial Officer, Jeff Bornstein, complained that rules defining 'begin construction' were still too vague and holding up delivery of 400 to 500 turbines. "We expect that clarification to come from the Treasury ...We’ve seen that clarification and we think it is helpful.”