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Renewable Energy on Brownfields: Latest Developments
Webinar
July 31, 2013
Empowering localities to revitalize their communities through the exchange of strategies, tools, and best
practices for brownfields reuse
NALGEP’s Environmental Justice Workshop – Save the Date! • Wednesday, August 28th in East Tampa, FL
• Topics will also include Healthfields, Community Engagement, and more
• Sponsored by the Florida Brownfields Association ‘s EJ & Outreach Committees and NALGEP
• Can’t travel? The workshop will be available via webinar.
The NALGEP Brownfield Communities Network • More than 2000 brownfields leaders in the community, non-profit,
government and private sectors • Overcoming barriers by convening experts, preparing white papers,
and educating decision makers • Providing technical assistance and sharing lessons learned through
regional workshops, webinars, and conferences
Cultivating Green Energy on Brownfields: A Nuts and Bolts Primer for Local Governments
NALGEP’s 2012 Report
Thank you to NALGEP’s 2013 Sponsors
Webinar Speakers
Ken Brown, Moderator • Executive Director of NALGEP
Anjali Patel • Attorney at Spiegel & McDiarmid LLP
Adam Klinger and Marc Thomas • EPA’s RE-Powering America’s Land, Center for Program Analysis, OSWER
Doug MacCourt • Attorney at Ater Wynne LLP
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CULTIVATING GREEN ENERGY ON BROWNFIELDS
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NALGEP Webinar
July 31, 2013
Anjali Patel
NALGEP
NALGEP’s 2012 Report
Cultivating Green Energy on
Brownfields: A Nuts and
Bolts Primer for Local
Governments
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Some of the Parties Involved
Renewable Energy on
a Brownfield
Attorneys (Environmental, Energy, Land
Use)
Engineers
Developers
Local Utility
Land Owner Technical
Assistance Organizations
Zoning Board
Federal and/or State EPA
Federal, State and Local Permitting Authorities
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Cultivating Green Energy
Where to site and what renewable energy can be sited?
How are renewable energy systems financed?
What are some ways local governments can get involved or encourage this type of development?
Case Studies and Links to Additional Resources
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Benefits of Siting Renewable Energy on a Brownfield
Productive reuse of land
Lease income/property tax
payments
Jobs
Compatible with other beneficial
redevelopment
Source of “green” energy for your
community and/or local utilities
Preservation of greenfields
Other environmental benefits
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Uses for the Energy: Remediation
Pemaco Superfund Site
• Maywood, California
• 3.4 kw PV system
Photo © U.S. EPA Office of Superfund Remediation and
Technology Innovation
Photo © U.S. EPA Office of Superfund Remediation
and Technology Innovation
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Uses for the Energy: On-Site Power Consumption and Net Metering
Fort Carson Solar Array
• Fort Carson, Colorado
• 2 MW PV system
Summitville Mine
Hydroelectric Project
• Rio Grande County,
Colorado
• 35 kW
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Uses for the Energy: 3rd Party Sale or Utility Owned
Silver Lake Solar
• Pittsfield, Massachusetts
• 1.8 MW
Steel Winds
• Lackawanna, New York
• 20 MW
Examples of Where to Site and What to Site
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Where:
• Commercial or industrial properties
• Closed landfills
• Mines
• Agricultural facilities
• Former gas stations
Renewable Energy Technologies
• Solar (Photovoltaic, CSP, Water Heater)
• Wind Turbines
• Biomass (Landfill Gas, Biopower)
• Small hydro
• Geothermal
High Level Site Assessments
Resource Potential Maps
Economic and Performance Assessment Models
(PVWatts, SAM, JEDI)
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Site Specific Considerations
Power potential
Engineering constraints
Clean-up status and potential
liability
Transmission and
interconnection infrastructure
Transportation infrastructure
Liability concerns
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Economic Feasibility
Government Incentives
• Brownfield redevelopment incentives
Assessment Pilot/Grant
Clean-up Grants
Revolving Loan Fund Pilots/Grants
• Renewable energy incentives
Tax Incentives (PTC, ITC, 1603
Cash Grants)
Renewable Energy Production
Incentive
Bonds
Grants
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Financing Continued
State and Local Utility Policies and Incentives
• Renewable Portfolio Standards
• Net Metering
• Interconnection Standards
• Loans/Grants
• Tax Incentives or Rebate Programs
Energy Sales
• Power (Power Purchase Agreement, Net Metering etc.)
• Renewable Energy Credits (RECs)
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Renewable Portfolio Standard Policies.. www.dsireusa.org / March 2013.
29 states,+ Washington DC and 2
territories,have Renewable Portfolio
Standards (8 states and 2 territories have
renewable portfolio goals).
How can Local Governments participate?
Educate yourself
Publicize shovel ready sites and the clean-up status of non-shovel ready sites
Spearhead a Project/Participate in a Development Partnership
Work with federal agencies (EPA- RE-Powering America, NREL- Technical Assistance Program) and state partners (e.g. state brownfield offices)
Lease land and/or purchase power
Offer local financial incentives
Lower zoning hurdles and offer permitting assistance
Conduct an all-appropriates inquiry for liability protection
Community outreach
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RE-Powering America’s Land
NALGEP Webinar
July 31, 2013
WIND SOLAR
GEOTHERMAL BIOMASS
SOLAR WIND
RE-Powering America’s Land
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Encourages renewable energy development on current and formerly
contaminated lands, landfills and mine sites when such development
is aligned with the community's vision for the site.
Why Renewables on Potentially
Contaminated Lands
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Gain community support
Leverage existing
infrastructure
Improve project
economics through
reduced land costs &
tax incentives
Protect open
space
Build sustainable
land development
strategy
Provide low-cost,
clean power to
communities
Reduce project
cycle times with
streamlined zoning
and permitting
RE-Powering America’s Land
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- Brownfield Sites, but also…
- Superfund Sites
- Other Federal CERCLA Sites
- RCRA Corrective Action Sites
- Federal Facilities
- Mining Sites
- Leaking Underground Storage Tank Sites
- State Voluntary Cleanup Sites
- MSW and Industrial Landfills
- Etc.
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Potential Contaminated Sites Can Include:
Photo Courtesy of Volkswagen America
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RE-Powering America’s Land Projects installed nationwide
Wind turbines installed during remediation at
abandoned steel mill
Texas
Concentrators installed on
remediated mine tailings
New Mexico
New York
Solar geomembrane capping landfill
Georgia
Wind turbines at former industrial
site
Wyoming
Solar array installed on landfill cap
Colorado
Solar array at former manufactured gas
plant
Massachusetts
Solar array at former foundry
Illinois
California
Solar array at Superfund site
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Project Tracking
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RE-Powering Installations
# Sites
Installed
Capacity (MW)
NY 6 67.2
NJ 10 22.7
MA 16 21.4
SC 1 20.0
WY 2 19.8
NV 1 14.2
CA 8 12.1
IL 2 10.9
TN 2 9.7
CO 5 5.9
RoUS 20 13.0
73 216.9
Selected Tools & Resources
Mapping and Screening Tools
• RE-Powering Mapper Tool
- National Maps of Screened Sites
• Solar and Wind Decision Trees
Technical Assistance and Support
• EPA-NREL Feasibility Studies
• Liability Considerations
Best Practices
• Handbook on Siting Renewable Energy While
Addressing Environmental Issues
• Best Practices for Siting Solar Photovoltaics on
Municipal Solid Waste Landfills
• Fact Sheets
Tools and Resources
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RE-Powering Mapper Google Earth Overlay
Mapped inventory of 66,000+ EPA and
select state tracked sites (over 35 million
acres of land)
> 185,000 renewable energy opportunities
across all technologies and scales
Incorporates data from:
• EPA Cleanup and Landfill Programs
• National Renewable Energy Lab
• Wind, Solar, and Biomass Resources
• Southern Methodist University and USGS
• Geothermal
• Department of Homeland Security
• U.S. Highways
• Railroads
• Transmission Lines
• Substations
• State Agencies from CA, HI, NJ, NY, OR, PA,
VA, and WV
U.S. Environmental Protection Agency 30
U.S. Environmental Protection Agency 31
RE-Powering Mapper Google Earth Overlay
Electric Boat Corp
Positive Screening for Large Scale PV
(41 MW)
Site type: RCRA
Davisville Naval Construction Battalion
Center
Positive Screening Utility Scale Solar PV
(215 MW)
Site type: Superfund
T.H. Baylis
Positive Screening for Off-Grid PV
Site type: Brownfields
Screening Criteria:
• Resource Availability
• Acreage
• Infrastructure (distance to
transmission lines, graded roads)
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RE-Powering Mapper Google Earth Overlay
Geothermal Heat
Pump Potential
Off-Grid PV
Potential
Biopower Potential
90 kW PV installed
RE-Powering Mapper EPA Tracked Sites: Site-level information
33 U.S. Environmental Protection Agency 33
RE-Powering Google Earth Solar PV & CSP Potential – U.S.
6.9x US Renewable
Energy Capacity 146 GW, including hydro
2011 Renewable Energy Databook, NREL
Large- and Utility-Scale PV Potential
+
U.S. Environmental Protection Agency 34
Solar Opportunities
Solar PV CSP
Large Scale PV Utility ScalePV*
CSP
2,389
706
9,117 225 GW potential using 20% of 6.7 million acres;
1 MW / 6 acres
783 GW potential using 20% of 23.6 million acres;
1 MW / 6 acres
# sites reflects screening result for largest scale opportunity
* Includes Policy-Drive, Utility-Scale PV
U.S. Environmental Protection Agency 35
RE-Powering Screening Dataset
Contains detailed site information for all 66,000+ sites RE-Powering tracks
Example: Sites in Aurora, Colorado with Large Scale Solar PV
Potential (over 300 kW capacity)
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RE-Powering America’s Land
www.epa.gov/renewableenergyland
Adam Klinger, RE-Powering Team Lead
202-566-0546
Marc Thomas, RE-Powering Policy Analyst
202-566-0791
Katie Brown, AAAS Science & Technology Policy Fellow
Hosted by US EPA
415-972-3073
General inquiries
Renewable Energy on Brownfields
Project Essentials / Mine Site Project Case Study
Douglas C. MacCourt, Ater Wynne LLP
Chair Past Chair, Executive Committee
Indian Law Practice Group Indian Law Section
Ater Wynne LLP Oregon State Bar Association
www.aterwynne.com NALGEP Board of Directors
NALGEP WEBINAR
Renewable Energy on Brownfields
July 31, 2013
Utility/Community Scale Power on Brownfields
1. Case study:
- Tohono O’odham
Nation & Tucson
Electric Power
- Phased solar pv on
tribal lands: EPA study
- Developing on the
active Asarco
Mission mine
complex
2. Project Essentials
3. Resources
Case Study: The View from Space
Project Basics
• The ASARCO Mission Mine Complex is a
commercial open pit / underground copper
mine
• The facility is located near Sahuarita,
Arizona (18 miles south of Tucson).
• The mine site covers approximately 19,000
acres (29 square miles) and includes an
open pit 2.5 miles long and 1.5 miles across,
associated crushing, grinding and flotation
facilities, tailings areas, waste rock dumps,
and warehouse and administrative areas
Tribal Interests
• A portion of the mine complex is located on
leased lands within the San Xavier District of
the Tohono O’odham Indian Nation
• The lands within the District, referred to
collectively as “San Xavier Reservation
lands,” consist of both Nation Trust Lands
and individually-allotted Trust Lands
• Tucson Electric Power (TEP) and a Section 17
Corporation formed by the tribe negotiated a
lease of trust lands on the brownfield to site
and operate solar pv for delivery of electricity
to TEP customers
Progress
• EPA technical assistance from R9
Abandoned Mine Lands (AML) Team
confirmed geotechnical suitability of site
for either surface mount or piling mounted
pv panels
• Connection to nearby TEP substation
• Lease of project site
• Phased buildout starting with 5 MW in
2013, potential increase to 50 MW in five
years
SunPower Photovoltaic Technology
• New concentrator
technology for site
application
• 7X increase to
output per pv
panel
• Low tech, some
additional space
needed to avoid
shadow effect
Asarco Mission Mine Complex
EPA Report on Asarco Mine Tailing Project
Project Feasibility
• Determining renewable energy project
feasibility and attracting capital for
renewable projects generally requires five
essential elements:
– 1. Renewable resource
– 2. Site control
– 3. Buyers for the energy
– 4. Transmission to market
– 5. Incentives (production tax
credits, other tax incentives)
Have Energy Resources Been Assessed?
• Type and amount/magnitude of resource
• Economic feasibility of development
• Will resource(s) meet demand?
• Ability to meet other objectives
– Sponsor of renewable energy projects
– Utility owners/operators
– Regulators
– Public/community
Land Control
• Site control and fair market valuation early in the development process
• Requirement for many regulatory processes
– Key for brownfield issues: • Time/cost for site preparation
• Price for power must remain competitive
• Budget and schedule must account for all the approvals
– Major federal action – NEPA
– Overlapping jurisdictions
Buyers
• Fairly certain in states with RPS
• Price increase predictions driven by climate change issues changing the demand and supply outlook
• Utilities
– Firm capacity?
– Infrastructure?
• Long-term offtake agreements (power purchase agreements or “PPA’s”) with credit-worthy third party buyers
Transmission
• Distance to transmission system
• Market factors for creative transmission contracts
• Load capacity to deliver to market
• Ballpark overview a fairly simple exercise for qualified energy consultants
• Regional transmission coordinating agencies manage regional transmission grid and maintain data, require reliability and capacity studies
• Other DOE agencies, private and public utilities with transmission info
Key Drivers for Energy Investment
• Tax benefits: Accelerated depreciation and
Production Tax Credits (renewables)
• Serve local energy demands (small projects)
or economic development with utility scale
projects with revenues to participants
• Cash flow to equity investors
• Affiliate contracts
• Economic Development and Other Policy
– State/federal incentives
– Environmental/social benefits
National Renewable Energy Laboratory
• Renewable Energy
Development in
Indian Country: A
Handbook for
Tribes
• Project essentials
• http://www.nrel.go
v/docs/fy10osti/480
78.pdf
For Updates and Resources:
Doug MacCourt
Ater Wynne LLP
1331 NW Lovejoy St., Suite 900
Portland, Oregon 97209
503-226-8672 telephone
503-705-6031 cell
503-226-0079 facsimile