Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Financing for Biogas ProjectsFinancing for Biogas Projects
Biogas Financing: Options, Steps, and Resources for Biogas Project Development September 14, 2011
Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Hurdles for Financing BiogasHurdles for Financing Biogas
• High transaction costs – often small projects
• New technologies (in US), less experienced developers
• Capital intensive – sensitive to cost of capital
• Reliance on host or feedstock supplier
• Revenue from multiple sources, some short term (e.g. fiber and fertilizer sales)
• Projects are complex for lenders -- require project specific structures
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
The Financeable Biogas ProjectThe Financeable Biogas Project
• Management experience
• Minimum investment/returns
• Feedstock supply risks
• EPC risks
• Offtake revenue risks
• (No) Technology risks
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
ItIt’’s not the lawyerss not the lawyers’’ fault . . .fault . . .
• Investors/lenders will require solid documentation
• Project finance is based on the project’s operating cash flows
• Lock down capex and all financing
• Comfort on revenues and expenses
• Risks eliminated or managed
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Project DocumentsProject Documents
• Site control and permitting
• Feedstock supply
• Design, equipment, construction contract
• Interconnection/pipeline
• Power/gas/fiber/fertilizer/RECs offtake
• Operations & Maintenance
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Types of FinancingTypes of Financing
• Balance Sheet
• Debt (including bonds)
• Equity (incl tax equity)
• Grants and incentives
• Public-private partnerships
Need to determine best fit for project
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Financing SourcesFinancing Sources
• Banks – construction and term loans
• Capital markets
• Vendor financing
• Sponsor equity – development capital
• Strategic equity – entry point into market
• Tax equity – need to monetize these benefits to make most projects work
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Other Financing SourcesOther Financing Sources
• Taxable bonds using USDA loan gty
• Tax exempt bonds – Solid Waste Bonds
• Public-private financing
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Tax Benefits Available OverviewTax Benefits Available Overview
• Production Tax Credit (“PTC”)
• Investment Tax Credit (“ITC”)
• Treasury Department Grant
• Accelerated Depreciation (“MACRS”)
• New Markets Tax Credit (“NMTC”)
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Production Tax CreditProduction Tax Credit
• Based on amount of electricity produced from qualified resource and sold to unrelated person during each year of credit period
– Credit rate adjusted for inflation each year
– Credit rate for 2010 was 2.2¢ per kilowatt hour
• Credit Period – 10-year period beginning with “placed-in-service” date
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Production Tax CreditProduction Tax Credit
• Electricity must be owned and produced by taxpayer seeking to claim the PTC
• Facility must be located in the U.S.
• Facility must be placed in service by 2013
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Investment Tax CreditInvestment Tax Credit
• Based on the cost of qualifying equipment
– Generally 30% of tax basis
– Credit is claimed entirely in the year in which property is placed in service
• To qualify, property must be “energy property”
• “Energy property” includes certain PTC-eligible property for which an election is made, such as biogas projects
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Investment Tax CreditInvestment Tax Credit
• Facility must be placed in service by taxpayer
• By 2013
• Property must be eligible for depreciation (not buildings or structural improvements) and must be an integral part of facility
• This creates issues for facilities producing and selling biogas, fertilizer and other co-products in addition to electricity
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Investment Tax CreditInvestment Tax Credit
• Nonrefundable but can be carried back one year and forward 20 years
• Basis of property reduced by 50% of ITC
• Recapture if disposed of within 5 years
• No cutback for subsidized financing
• More value (relatively) for more expensive, lower producing facilities
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Treasury Dept. GrantTreasury Dept. Grant
• Section 1603 - election to receive cash grant
• Eligibility requirements for the ITC apply
• Construction must begin before 2012 and project must be placed in service by 2013
• Application due no later than September 30, 2012
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Treasury Dept. GrantTreasury Dept. Grant
• Grant generally operates in the same manner as ITC
– 30% of tax basis of qualifying property (10% for certain projects)
– Subject to recapture if sold to disqualified person within 5 years
– Generally not included in recipient’s taxable income
– Basis reduced by 50% of grant amount
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
DepreciationDepreciation
• Bonus Depreciation:
– For projects placed in service before January 1, 2012, 100% bonus depreciation in first year
– For projects placed in service in 2012, 50% bonus depreciation in first year
• 7-year MACRS
• Valuable losses for investor
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Tax Equity StructuresTax Equity Structures
• Partnership Flip
• Sale-leaseback
• Inverted lease
• Now being considered as a source of low cost capital for renewable facilities
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
New Markets Tax CreditNew Markets Tax Credit
• In the law since 2000
• Previously used mostly for commercial real estate and manufacturing
• Now being considered as a source of low cost capital for renewable facilities
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
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Base Case ModelBase Case ModelNMTC
Investor
NMTC
Investor
AllocateeAllocateeCDECDE
QALIC-BQALIC-B
Tax Credits
$3.9M over 7
Years
$10M
QEI (Equity)
Investor
Member
99.99%
Managing Member
0.01% $10M
QLICI
(Debt or Equity)
Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Twinning NMTCs and 1603/ITC Twinning NMTCs and 1603/ITC
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Allocatee CDEAllocatee CDE Allocatee CDE 2
Allocatee CDE 2
$13.25M equity
NMTC - $7.8M1603/ITC – 5.6M
DeveloperDeveloper
$7.75MLeveraged Loan
CDE Fee 5%$500,000
CDE Fee 5%$500,000
0.01% Equity 0.01% Equity
Equity – 51%
NMTC InvestorNMTC Investor
Investment Fund$20.7M
Investment Fund$20.7M
LenderLender
SUB CDE 1SUB CDE 1 SUB CDE 2SUB CDE 2
QALIC-B49% Investor
51% Developer
QALIC-B49% Investor
51% Developer
U.S. Treasury1603/ITC
$5.6M
U.S. Treasury1603/ITC
$5.6M
Sub-Tenant DeveloperSub-Tenant Developer
Master TenantNMTC Investor
Master TenantNMTC Investor
Equity
(24.5%)
Subloan ASubloan
B
Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
A Partnership FlipA Partnership Flip
• Investor receives cash grant/ITC plus depreciation
• Flip occurs after investor receives IRR but not within first five years
• Developer generally has purchase option after flip
• Capital account or outside basis issues
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Partnershipcash grant/ITC plus
depreciation
Developer Investor
99% pre-flip 5% post-flip
Power Sales
Power
Purchaser
1% pre-flip 95% post-flip
Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Traditional SaleTraditional Sale--LeasebackLeaseback
• Developer generally has option to acquire property at end of lease term
• Lease must qualify as true lease for tax purposes– Minimum investment – 20%
– No put right by lessor
– No lessee investment
– No lessee loans or guarantees
– Lessor profit
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Modified SaleModified Sale--LeasebackLeaseback
• No basis reduction as a result of ITC/cash grant
• Developer must take half the credit/cash grant into income over five year period
• Lease must qualify as true lease for tax purposes
• Lease must qualify for credit pass through election
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Inverted LeaseInverted Lease
• No basis reduction as a result of ITC/cash grant
• Investor must take half the credit/cash grant into income over five years
• Lease must qualify as true lease for tax purposes
• Lease must qualify for credit pass through election
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Inverted Lease Inverted Lease
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Inverted Lease with Sharing of Inverted Lease with Sharing of
Depreciation Depreciation
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Inverted Lease with BackleverInverted Lease with Backlever
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Biogas Financing: Options, Steps, and Resources for Biogas Project Development • September 14, 2011
Thank YouThank You
David Benson
(206) 386-7584
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