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Guidance on Applications for Payments for Specified Energy Property in Lieu of Tax Credits

The American Recovery and Reinvestment Act of 2009 (“ARRA”), passed in February 2009, created a cash grant program for qualified renewable energy facilities. Entities placing these facilities in service may receive cash grants of up to 30 percent of the tax basis of the property. ARRA vested authority over the program with the Department of the Treasury (“Treasury”). There is no statutory cap on program benefits. These grants are in lieu of investment tax credits, and use of a Treasury grant precludes a facility from being eligible for the production tax credit or the investment tax credit. On July 9, 2009, Treasury released application guidance and related documentation, including a sample application.