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Capabilities / Community Solar

Community Solar

Navigating complex regulatory environments to widen solar access

Husch Blackwell has played a vital role in the growth and innovation that have characterized the community solar industry since its inception, and are now being propelled further by state policies and customer demand. Our extensive experience in the area includes project development and financing, subscription and subscription services agreements, portfolio sales and divestitures, and regulatory analysis and compliance. We work in tandem with developers to take advantage of new markets and opportunities, ensuring their transactions successfully leverage and comply with the ever-changing landscape of state-level programs.

Our team has been involved with community solar projects from the very first state programs in the early 2010s and is one of the most experienced legal teams in this field.

Community solar transactions

We guide clients through acquisitions and dispositions of community solar assets and projects, as well as parent company acquisitions and mergers. These complex transactions often cover tranches or portfolios of 1-5 MW projects and may span multiple states and programs. Our transaction and diligence teams include sophisticated deal counsel who can draw on the experience of attorneys across our national footprint to help clients navigate localized aspects of program rules, environmental permits, and tax and real estate issues.

Community solar programs and regulatory

Our attorneys have been directly involved in the initial design and development of community solar projects across the country, representing developers in advocating for better market rules and offering in-depth counsel as clients navigate them. With more than a decade of experience working in all major community solar markets, we understand each program’s unique attributes and are well equipped to help with compliance, diligence, and interpretation in existing, evolving, and new markets.

Subscription services

Our team has more than a decade of experience drafting and negotiating customer acquisition and management agreements for project owners, as well as subscription agreements for project owners and anchor subscribers alike.

Interconnection work

We also help clients navigate the distribution interconnection processes evolving in each state. We help design and improve the processes and procedures as state-wide rules replace varied utility processes and as distribution queues fill up, creating challenges for new interconnection customers. We also advise on risks related to timing, costs associated with upgrades, and disputes and complaint processes.

Additional services

The Community Solar team also offers comprehensive services that focus on tax guidance, environmental permitting, and real estate matters. We assist clients in navigating federal, state, and local tax rules, particularly for projects serving low-income subscribers or located in eligible communities. We also handle permitting and environmental considerations, ensuring compliance with local, state, and federal regulations. Our real estate attorneys, meanwhile, manage site control, title review, and utility easement processes while addressing program restrictions on project co-location.

Representative Experience

Our team has completed deals in Massachusetts, New York, Maryland, Illinois, Minnesota, Colorado, New Jersey, New Mexico, Rhode Island, Oregon, and Maine. Our most recent experience includes:

  • Represented community solar developer in the acquisition of 15 late-stage development projects in Illinois with a total capacity of up to 75 MW, including lease and easement negotiation, and title and survey curatives.
  • Assisted developer in the acquisition and closing of a portfolio of six construction-ready ABP and non-ABP community solar projects in Illinois.
  • Assisted sustainable power developer in the acquisition of five construction-ready community solar projects in Illinois, including guidance on the Illinois Shines Program for community solar incentives.
  • Represented developer in acquisition and closing of a portfolio of seven ABP and EEC nearly construction ready community solar projects in Illinois in two separate phases.
  • Represented developer in acquisition and closing of two community solar projects sited on brownfields in New Jersey.
  • Represented developer in acquisition and closing of a rooftop community solar facility in New Jersey.
  • Represented developer in development related matters associated with various Maryland community solar projects.
  • Represented developer in acquisition of a portfolio of seven community solar projects in Minnesota.
  • Represented developer in various complex federal tax credit matters related to community solar projects in New Mexico.
  • Advised solar developer in the acquisition and construction of community solar projects in Minnesota, Illinois, New Jersey, Rhode Island, and other markets, including real estate and permitting diligence on local requirements.