Member Article

As competition for project siting increases, so do the challenges of development due diligence. This webinar will address significant issues and questions surrounding real estate contracts, title insurance, and environmental assessment and permitting common in solar PV project development. Bradley’s renewable energy attorneys will share advice and experience managing key development challenges and environmental compliance concerns presented by solar PV project development.

Webinar Recording

Key Takeaways

• Pending Texas Senate Bill 760 – Effective September 21, 2021, if signed into law by the Governor, will provide that a solar power facility agreement must provide that the grantee is responsible for removing grantee’s solar power facilities from the landowner’s property to their original condition and will make a provision of a solar power facility agreement (i.e. a lease) that purports to waive a right or exempt a grantee from liability or duty is void.
• Development of Solar Power Projects in Texas require a team of professionals including real estate, environmental and tax counsel.
• Texas Mineral Owner’s Rights are Dominant so prudent Solar Power Developers will have real estate counsel assist with due diligence, to obtain appropriate Surface Waivers, Designation Agreements, Texas T-19 Endorsements,  and review local drilling ordinances on projects where the minerals have been severed from the surface estate.
• Texas is not an ALTA state so unlike the other 49 states, title insurance forms are promulgated, and non-negotiable title insurance prices are established, by the Texas Dept . of Insurance, and Texas offers no “Energy Endorsements” comparable to ALTA Endorsement 36-30 (Energy Project – Leasehold/Easement-Owner’s).