Search ▸ Agenda item attachment
CMA 2024 #61 : A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number #24-03, regarding a response on potential public renewable energy projects that could receive funding through the IRA Direct Pay provision
TO:
Yi‐An Huang, City Manager
FROM:
Kathy Watkins, Commissioner of Public Works
Iram Farooq, Assistant City Manager for Community Development
DATE:
March 25, 2024
SUBJECT:
Response to Policy Order #3, adopted January 22, 2024
That the City Manager be and hereby is requested to confer with relevant City
departments on potential public renewable energy projects that could receive funding
through the IRA Direct Pay provision
The City, along with many other local and state governments, has eagerly watched the rollout of significant
federal funds associated with the Inflation Reduction Act (IRA), the Bipartisan Infrastructure Law (BIL) and
other recent federal actions. The following is a chronology of City actions, an assessment of these
opportunities and upcoming plans.
Description of Direct Pay
In effect through 2032, the Federal Inflation Reduction Act makes tax credits available for the first time
directly to tax exempt organizations such as local governments and non‐profit organizations. The credits are
provided for clean energy projects such as ground source and geothermal heat pumps, microgrids, solar
and other renewable energy systems, electric vehicles and electric vehicle charging infrastructure.
Organizations must pre‐register for tax credits for a project the year the project will be put into operation.
Once the project is placed in operation, the organization will then file a form and the IRS will send a direct
payment for all costs deemed to be eligible.
Depending on the start date and project size, the credits could range from 6% ‐ 70% of costs. There are
either minimum requirements or bonus points given based on:
Payment of Federal Prevailing Wage
Percentage of construction workers and hours worked by members of registered Apprenticeship
programs
Domestic Content of materials
Location of the project in an Environmental Justice or Low‐Income Community census block
Note that there is a 15% reduction in tax credit amounts for projects already funded by tax‐exempt bonds.
City Engagement
City staff from multiple departments, including DPW, CDD, CBP, Auditing, Finance and Purchasing
have been aware and discussing the programs since early 2023.
Staff have viewed multiple webinars – by organizations such as World Resources Institute (WRI),
MAPC, the Boston Green Ribbon Commission, Power Options. In addition, a new Commonwealth of
Massachusetts agency, the Federal Funds Infrastructure Office, has been holding monthly meetings
that staff regularly attend.
Staff have a call scheduled with the Congressional Progressive Caucus Center to learn more about
Direct Pay and other IRA opportunities.
Staff have served as a beta tester for World Resources Institute’s (WRI’s) IRA Bonus Mapper, which
identifies census blocks that are eligible for Justice 40, Low Income Communities Bonus Credit and
Energy Communities, which provide additional bonus points for direct pay and other federal
IRA/BIL funding assistance. This has been widely distributed and is one of the resources provided by
the Congressional Progressive Caucus Center. IRA Bonus Mapper (Beta) (wri.github.io)
Based on this work, staff have determined that Cambridge is well‐positioned to access these
opportunities:
The opportunities align with the City’s existing Net Zero Action Plan, BEUDO and Clean Fleet
initiatives.
City departments already engage in extensive interdepartmental collaboration, which is necessary
to assure success.
The City has existing relationships with knowledgeable, expert consultants for design, professional
services and construction.
Actions Underway – Municipal Projects
The City has engaged an energy and engineering firm with expertise in Direct Pay. The initial focus is on
construction projects that are currently underway and are time‐sensitive for applying for tax credits and
ensuring relevant information is available when needed. These projects are the DPW Simard Building
renovations, which is scheduled to be completed in late spring 2024, and Fire Headquarters renovations,
for which initial demolition/construction began in 2022 and 2023.
This assessment will provide an analysis of the tax credits that we are eligible for, the estimated value of
the credits, any challenges in documenting costs and recommendations for procedures for upcoming
projects.
While we are very excited to embrace these opportunities over the next eight years, it’s important to note
that both the application and reporting processes are challenging and must be weighed against the
expected financial benefit for each project. The roll‐out is being handled by the IRS and like most tax
programs, the requirements are detailed, complex and require an incredible level of recordkeeping and
documentation. As an example, the IRS recently released a User Manual describing the mandatory process
for pre‐registering a project. This pre‐registration user manual alone was 70 pages.
Nevertheless, we are moving forward in continuing to learn about and assess the opportunities.
Upcoming Actions
The City will continue to learn the best practices and procedures for developing, bidding, documenting and
applying for the IRA tax credits. Some of the topics we will explore over the next year are:
Clean Energy, EV and Clean Fuels Infrastructure Credits
The tax credits advance both a sustainable future and good construction jobs for workers in the
new economy. Federal prevailing wage requirements apply for large (greater than 1 megawatt
(MW)) clean energy projects that began construction on or after January 29, 2023, and for EV
charging and clean fuels infrastructure projects regardless of size. Tax credit “bonuses” are
available for projects that meet minimum percentages of hours worked by apprentices in
Registered Apprentice programs. Massachusetts law already requires public entities to pay union‐
level wages, referred to as State Prevailing Wages for all publicly funded projects. We are
investigating the comparison between state and federal prevailing wages in order to better
understand project impacts. In addition, we are working with general contractors on existing
projects to better understand the apprenticeship levels in existing contracts and to understand the
requirements for upcoming contracts.
Weatherization and Energy Efficiency Credits ‐ The incentives pathway for weatherization or
efficiency projects would be the 179D credit. However, this credit is not available as direct pay in
the same way that the investment tax credit is. Tax exempt organizations like the City are able to
assign the credit to the project designer, giving the City some leverage when establishing project
budgets with designers.
Clean Transportation Tax Credits – Direct Pay provides up to $40,000 for electric vehicles. We are
exploring the direct pay or point of sale mechanisms and how they interact with existing state
incentive programs.
Actions Underway – Community Engagement
Direct pay is also available to other tax‐exempt organizations, including nonprofits, houses of worship, and
other 501(c)3s. Homeowners’ and condominium associations exempt under section 528 are also eligible for
direct pay. As with municipal buildings, typical projects at nonprofits that direct pay could support include
solar, microgrids, geothermal, and EVs.
City staff will be working to share information about the direct pay opportunity through several of our
climate programs. First, through our community resiliency microgrid initiative we have been working with
nonprofits and houses of worship to explore opportunities for solar PV installations with battery storage.
Access to direct pay could help make these projects more financially attractive to resource‐constrained
organizations. The City’s project partner can also engage additional nonprofits with information about
direct pay.
In addition, the Electrify Cambridge program is providing technical guidance on decarbonization projects to
residents, including condo associations. This no‐cost consultation includes an overview of incentives and tax
credits, and the Electrify Cambridge advisors will be incorporating information about direct pay so that a
condo association can utilize the option for its project, if eligible. The Cambridge BlocPower financing pilot
for multifamily buildings similarly helps properties access all eligible incentives.
City staff will also plan specific communication and outreach to nonprofit building owners in Cambridge to
ensure they are aware of this new option. This outreach will include information on other state and utility
incentives as well, and information on how to get started on exploring solar and other clean energy
possibilities.
Finally, the City has communicated with affordable housing providers about the Direct Pay option and will
continue to be available to assist them with assessing and accessing this resource as appropriate. Affordable
housing providers are already using the Investment Tax Credit to pursue similar work.
We look forward to continuing this work.