Obstacles, Risk Abatement,
And Government Policies To
Growing The Bioeconomy
The Council on Food, Agricultural and Resource Economics (C-FARE)
Powering Prosperity: Bioeconomy Policy to Stimulate Growth
Panel: Markets, Growth Obstacles, Risks, and Policy Options for the Future –
Moderated by Jim Lane, Biofuels Digest
March 13, 2015
Capital Hilton, Washington, DC
Mark J. Riedy | Partner
Kilpatrick Townsend & Stockton LLP
607 14th Street, NW
Work: 202-508-5823
Cell: 703-201-6677
mriedy@kilpatricktownsend.com
www.kilpatricktownsend.com
© 2013 Kilpatrick Townsend
Policies That Drive The Bioeconomy
To Achieve GHG Emissions Reduction/Sequestration Goals Directly or Indirectly
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Advanced Carbon Capture and Storage (DOE Grants for R&D)
FTA Transit Investment in Greenhouse Gas & Energy Reduction (“TIGGER”) (DOT Grants)
To Achieve Greater Energy Efficiency
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Efficient Clean Fossil Energy Systems (DOE Grants)
Integrated Biorefineries Grant Program (DOE Grants)
Advanced Marine and Hydrokinetic Grant Program (DOE Grants)
Clean Energy Fund (DOE Grants)
Clean Diesel Grant Program (EPA Grants)
To Integrate Rural Programs into Effort to Increase US Energy Security
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Transportation Fuels and Biofuels: Rural Energy for America Program (“REAP”) (USDA, Farm Bill)
To Stimulate Economic Growth and Development of Economy, of Markets After 2008
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Federal Transit Administration (“FTA”) Clean Fuels (DOT Grants)
To Obtain Economically Feasible Conversion Technology
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Clean Coal-to-Liquid or Gaseous Fuel Technologies Grant Program (NSF Grants)
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Industry Highlights
•
World Energy Council Report (November, 2014)
•
•
$48 T in capital is required between 2014 and 2035 to construct the
required energy infrastructure supply chain (including $8 T for
energy efficiency).
During 2014, in the U.S.
•
14.3 B gallons of fuel ethanol produced (13.9 B in 2013)
•
1.8 B gallons of biodiesel produced (1.3 B in 2013)
•
800 M gallons of advanced biofuels produced (double 2011 #s)
• Defined as nonpetroleum liquid fuel produced from non-food grade
biomass feedstock and achieving a 50% reduction in carbon versus
2005 baseline petroleum fuels.
• E2 projects 180 companies producing more than 1.7 B gallons of
advanced biofuels by 2017 in the US.
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Growing The Bioeconomy –
Challenges And Solutions
1. Challenges - What are the obstacles to growing the bioeconomy?
– Lack of Funds at the Company and Project Levels
• Grants and Equity
• Debt
– Lack of Certainty in Government Programs
•
•
Tax Incentives – Requires Extensions
RFS – Requires Certainty
2. Solutions - What are the energy and industrial policies needed to move
forward?
• Creative Financing
• Tax incentives
• RFS certainty
3
Grants And Equity Options
Type of Funding
Corporate-Level
Funding
Project-Level
Funding
Grants

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Angel Funding (including Crowdfunding) Equity

Venture Capital Equity

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Private Equity

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Strategic Equity

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Infrastructure Funds Equity

State and Federal Green Funds

International Green Funds

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Tax Equity – ITCs, PTCs, Bonus Depreciation
and NMTCs

Sponsor Equity – Project Developers, Hedge
Funds and Yieldcos

Portfolio Equity - MLPs/ REITs/ Yieldcos

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Debt – Government Loan Programs
Loan Guarantees
Department of Energy
- Section 1703
1. Renewable energy and energy efficiency – $4 B
2. Clean Fossil Energy – $8 B
3. Nuclear - $12 B
4. Advanced Technology Vehicle Manufacturing (ATVM) - $16 B
Total - $40 B
5. Competitive
6. Uncapped Senior Debt Amounts
7. First commercial means not three or more identical technologies running
commercially in the U.S.
8. Federal Finance Bank funding at treasury rate + 37.5 basis points + credit
rating spread for 22 year average term.
9. Fees – application, facility, maintenance, underwriting costs and credit subsidy
5
Debt – Government Loan Programs
Loan Guarantees
US Department of Agriculture
- Section 9003 of Farm Bill - Integrated Biorefineries
1. Farm Act of 2014 expanded program from advanced biofuels to include
renewable chemicals and bioproducts.
2. Approximate $600 M
3. Competitive
4. First Commercial = First Commercial
5. $250 M senior debt cap
- Section 9007 of Farm Bill
1. $200 M in loan guarantees and $80 M in grants combining F14 and FY15
funding levels subsidy-scored by OMB.
2. Competitive
3. Commercial
4. $25 M senior debt cap
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Debt – Government Loan Programs
Loan Guarantees
US Department of Agriculture
- Business & Industry (“B&I”) Program
1. $1 B approximately available in loan guarantee funds
2. Non-competitive
3. Commercial
4. $25 M Senior Debt Cap
- Rural Utility Service (“RUS”) Program
1. No Appropriations cap as barrowing is from treasury
2. Non-competitive
3. Corporate financing - 100% recourse financing at treasury rate + 12.5 basis
points for the shorter of 35 years or PPA term.
4. Project financing - 75% non-recourse financing at same terms as item #3 and
25% equity.
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Debt – Other Financing Mechanisms
Other Financing Mechanisms
- Taking non-investment grade project company debt to investment
grade financing
- Use AAA rated govt. loan guarantees to credit enhance non-investment
grade project debt.
- Covered bonds
- New insurance policies:
• wrap technology risk,
• credit enhance senior debt,
• protect revenue streams,
• protect tax equity with respect to Investment Tax Credits (ITCs) and
New Market Tax Credits (NMTCs), and
• provide price collars for feedstock agreements and price floors for
offtake agreements.
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Tax Incentives
Relevant Tax Incentives
- ARRA Section 1603 Cash Grant.
- Section 48 of the IRS Code (“IRC”) Investment Tax Credit (“ITC”).
- Section 45 of the IRC Production Tax Credit (“PTC”).
- Bioenergy Tax Credits and Bonus Depreciations for Renewable Power,
Biodiesel, Green Diesel and Cellulosic Biofuels.
Required Government Action
- Congress Must Extend 55 Energy Tax Incentives
- Congress Should Consider New Tax Incentives Such As ITCs for Advanced
Biofuels and Biochemicals
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RFS Certainty
– Renewable volumetric obligation needs to be established for FY 2014
and FY 2015
– D-3 RIN credit waiver is based on FY 2013 number (42 cents) – or an
average 2012 RBOB gasoline –
» outdated and causing prospective manufacturers to not
execute long-term offtake agreements which, in turn, delays
project equity.
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Questions?
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