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ARTICLE · 17 MARCH 2009

Potential Additional Requirements Faced by Renewable Energy Grant Recipients

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The American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) contains more than $787 billion in government spending and tax cuts, including more than $20 billion in tax incentives for the renewable energy industry.

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Article by Jeffrey G. Davis, Robert E. Glennon, Robert A. Kelman and Marcia G. Madsen

Originally published March 16, 2009

Keywords: Renewable energy, American Recovery and Reinvestment Act of 2009, production tax credits, investment tax credits, recovery funds, civil False Claims Act

The American Recovery and Reinvestment Act of 2009 (the "Recovery Act") contains more than $787 billion in government spending and tax cuts, including more than $20 billion in tax incentives for the renewable energy industry.  Section 1603 of the Recovery Act allows owners of certain renewable energy projects to receive cash grants in lieu of production tax credits (PTCs) or investment tax credits (ITCs).  (For more information on the grant program, see the discussion in our Energy Update, "Energy Tax Provisions in the American Recovery and Reinvestment Act of 2009".)

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