Jerome L. Garciano, Senior Counsel, Projects & Energy Transition

Jerome L. Garciano

Senior Counsel

Areas of Focus

Jerome L. Garciano, Senior Counsel, Projects & Energy Transition

Jerome L. Garciano

Senior Counsel

jgarciano@akingump.com

Areas of Focus

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Biography
  • Focuses on renewable energy project finance and Inflation Reduction Act energy tax incentives.
  • Skilled transactional tax credit attorney and CPA.
  • Deep and diverse experience in community and economic development tax credit finance.

Jerome Garciano represents lenders, equity investors and developers in renewable energy and real estate project tax credit financing.

Prior to joining Akin, Jerome’s transactional practice also focused on affordable housing and community development tax credit finance. As a LEED accredited professional with background in design and construction, Jerome is nationally recognized as an expert on tax incentives for clean energy and green building and infrastructure. Before practicing law, Jerome was a project finance manager on low-income housing finance transactions for a national nonprofit real estate developer specializing in community revitalization.

Representative Work

Clean Energy Project Finance

  • Served as tax credit fund investor’s counsel on solar farm investment tax credit (ITC) Section 6418 transferability transaction.
  • Assisted an insurance company investor on a series of Section 48 partnership flip investment tax credit wind energy projects in Rhode Island.
  • Represented regional green bank as lender’s counsel in solar project construction financing transaction incorporating REC subsidies.
  • Advised regional non-profit housing developer solar on the competitive Section 48(e) ITC environmental justice bonus application process and Section 6417 elective pay cash refund structuring.
  • Counseled regional community solar developer’s PPA financing, Section 6417 elective pay cash refund structuring and low-income communities ITC bonus application.
  • Advised various international solar manufacturing companies on Section 45X manufacturing production tax credit and Section 48C advanced energy manufacturing tax credit.
  • Assisted an institutional lender in providing a $22 million construction loan for 26-megawatt commercial rooftop solar array projects for two Fortune 50 companies.
  • Represented energy facility developer in ITC Section 6418 transferability transaction and domestic content bonus for open-loop biomass project.
  • Advised national energy storage company on Section 45X manufacturing production tax credit.
  • Represented national solar developer solar farm project financing utilizing Massachusetts SRECs and other incentives.
  • Counsel for a Rhode Island neighborhood association’s structuring of neighborhood solar program and transaction.
  • Represented community solar developer in twinned ITC + NMTC transaction.

Green Building and Infrastructure Project Finance

  • Advised on regional electric vehicle component manufacturing company’s Section 48C advanced energy manufacturing tax credit application.
  • Provided legal analysis on Inflation Reduction Act energy tax credit and Section 6417 elective pay for green design public high school facility incorporating solar and ground source heat pump technologies.
  • Counseled electric vehicle leasing company regarding Section 30D alternative fuel vehicle refueling property credit and Section 45W credit for qualified commercial clean vehicles.
  • Represented a real estate developer and green builder in the sale and transfer of a state green building tax credit achieving LEED requirements.
  • Represented energy developer in structuring the Inflation Reduction Act’s new Section 6418 transferability elections for the investment tax credit on a $11 million combined heat and power turbine energy system.
  • Represented a national PACE Lender for clean energy and energy efficiency financing structuring on quasi-governmental agency ground lease real estate projects.
  • Structured combined Section 45L energy efficient homes and Section 42 low-income housing tax credit investment as partnership tax credit investor’s counsel.
  • Advised regional geothermal energy company’s Section 48 ITC project financing and strategic business acquisitions.
  • Assisted a county agency in the Section 179D commercial buildings energy-efficiency tax deduction allocation generated from a high-performance public justice facility.
  • Advised a state quasi-governmental agency related to Section 25C energy efficient home improvement tax credit and changes enacted in the Inflation Reduction Act.

Community Development Project Finance

  • Represented national and regional bank tax equity investors in numerous Section 42 low-income housing tax credit (LIHTC) transactions at both the upper tier and lower tier tax partnership levels.
  • Served as lender’s counsel for national impact investor’s leverage financing transaction in a Section 45D new markets tax credit (NMTC) structure for a community health center project.
  • Represented housing authority developers on various Section 42 LIHTC development transactions.
  • Represented QALICBs in community center and health care facilities financed with Section 45D NMTC.
  • Closed a regional bank’s combined Section 42 LIHTC and Section 1400Z opportunity zone transaction incorporating a syndication and OZ fund structure.
  • Represented national and regional CDFI’s as lender’s counsel in closing construction and permanent financing for Section 42 9%/4% LIHTC and tax-exempt bond transactions around the U.S.
  • Served as a national real estate developer’s counsel in the project financing for historic commercial office building renovation incorporating Section 47 historic rehabilitation investment tax credit (HTC) lease-pass through structure and various state economic development incentives.

List may include matters worked on prior to joining Akin.

Education
  • J.D., Suffolk University Law School, 2008

  • M.P.P., Harvard University, 2001

  • B.A., Cornell University, 1998

Bar Admissions
  • Massachusetts

Affiliations and Public Service
  • American Bar Association, Member
  • American Institute of Architects (AIA), Member
  • American Institute of Certified Public Accountants (AICPA), Member
  • Boston Bar Association (BBA), Member
  • Boston Society for Architecture (BSA), Member
  • Board Member, National Housing and Rehabilitation Association
  • Board Member, Neighbor to Neighbor, Inc.
  • U.S. Green Building Council LEED A.P. Accredited Professional
Speeches and Publications
  • Panelist, “Incentivizing an Energy Revolution: What the Inflation Reduction Act has Accomplished, Microgrid IRA Case Studies, and Future Outlook,” Microgrid Knowledge (MGK) Conference, April 2024.
  • Panelist, “Inflation Reduction Act: New Federal Dollars for Healthy, Cost-Effective, Resilient Schools,” National Grid Sustainability HUB, April 2024.
  • Speaker, “Designer’s Introduction to the Inflation Reduction Act,” Boston Society for Architecture, March 2024.
  • Panelist, “Section 45L and Inflation Reduction Act’s Green Incentives,” NJCPA Federal Tax Interest Group, November 2023.
  • Guest, (Death) and Taxes (credits)…, Political Shadings Podcast, November 2023.
  • Panelist, “Section 48C Advanced Energy Manufacturing Tax Credit,” BRAYN Roundtable, July 2023.
  • Panelist, Department of Energy CHP Technical Assistance Partnership – Tax Incentives for CHP Projects in the Inflation Reduction Act,” June 2023.
  • Panelist, “Tax Incentives for Microgrid in the Inflation Reduction Act,” Microgrid Knowledge (MGK) Conference 2023 Keynote Session, May 2023.
  • Speaker, “IRA and Affordable Housing,” Novogradac 2023 Affordable Housing Developers Conference, January 11, 2023.
  • Panelist, “Making Cents of Incentives,” Built Environment Plus Webinar, December 2022.
  • Moderator, “Harmonization of LIHTC and Solar Credit from the Inflation Reduction Act,” National Housing and Rehabilitation Association Fall Developer’s Forum, October 2022.
  • Panelist, “IRA and Affordable Housing,” Novogradac 2022 Affordable Housing Tax Credit and Bonds Conference, September 2022.
  • Presenter, “Innovative Building Methods and Modular Construction,” Boston Harvard Real Estate Alumni Organization's Innovation in Real Estate series, June 29, 2022.
  • Moderator, “Tax Credit Equity Roundtable,” National Housing and Rehabilitation Association's 2021 Fall Developers Forum, October 26, 2021.
  • Presenter, “How to Finance a Microgrid Project in a Post-Covid-19 Economy,” Microgrid Knowledge Virtual Conference, June 3, 2020.
  • “C-PACE Financing and Affordable Housing,” Tax Credit Advisor Magazine, April 2023.

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