Conference Paper

Third party investing in energy programs

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Abstract

A new energy industry--the recovery of energy from the industrial sector by means of conservation equipment--is just forming. Capital costs retard progress. This problem has given rise to third party leasing plans. The Alliance to Save Energy has embarked on a feasibility study, and a few preliminary findings are revealed in this paper. Leasing has IRS problems because of the tax classification of ''limited use properties.'' Useful life for tax purposes is also much shorter for general capital equipment than for conservation equipment. The Economic Recovery Act liberalized limited use and useful life rules, with new ''safe harbor'' lease arrangements. But broad interpretation of safe harbor has caused problems. Energy service contract--the second type of third party leasing--carries with it substantial specified risks. Share-the-savings leasing arrangements offer significant benefits to energy users, but all tax risks are shifted to the third party. In conclusion, several legal obstacles must be overcome before energy conservation investment by means of third party leasing can expand.

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