Community Solar

Navigating complex regulatory environments to widen solar access.

The trajectory of community solar has continued to be fast-growing and innovative; propelled by state policy, customer demand, various stackable tax credit adders, and a constant push to realize the goal of making solar available to anyone. Husch Blackwell has extensive experience in community solar transactions, including project development and financing, portfolio sales and divestitures, regulatory analysis, development and compliance, and drafting and negotiating subscription agreements and/or the associated subscription services agreements. We work in tandem with our developer clients to take advantage of new markets and opportunities and ensure their transactions successfully navigate the ever-changing landscape of these various state-based programs.

Community solar transactions

We guide clients through acquisitions or dispositions of community solar assets, or the membership interests in the special purpose entities owning them. These complex transactions often cover multiple projects in tranches or portfolios of 1-5 MW projects and may span one or more states or programs. Our transaction and diligence teams include sophisticated deal counsel and draw on the experience of attorneys across our national footprint to help clients navigate the 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 programs across the country, representing developers in advocating for better market rules and offering in-depth counsel as clients navigate these rules. With more than a decade of experience working in several markets to understand their unique attributes, we are well equipped to help with diligence in new or evolving markets.

Interconnection work

We also help our clients navigate the changing 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 the associated risks related to timing, costs associated with upgrades, and disputes and complaint processes.

Additional services

The Community Solar team offers comprehensive services that focus on tax guidance, environmental permitting, real estate matters, and subscriptions. We assist clients in navigating IRS guidance and qualifying for federal tax credits, 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, and our real estate attorneys manage site control, title review, and utility easement processes, while addressing programmatic restrictions on project co-location. In addition, our team includes attorneys with more than a decade of experience in drafting and negotiating subscription agreements for project owners, operators, and anchor subscribers.