Bethany A. Bartlett

Bethany A. Bartlett

Partner

Overview & Experience

Bethany A. Bartlett chairs the firm’s Renewable Energy Practice Group and is a partner in the firm’s Real Estate Department.

Her practice focuses on commercial real estate and includes project finance, the acquisition, disposition, leasing and financing of both developed and to-be-developed properties, including land use, zoning, title and permitting matters, as well as conservation and deed restrictions for the preservation of open space. Specifically, her experience includes representing renewable energy developers in all phases of development including: obtaining state and local permits; negotiation of Power Purchase Agreements with private, public and municipal off-takers; rooftop and ground leases; engineering, procurement and construction contracts with third party contractors; and Payment in Lieu of Tax (PILOT) Agreements with Massachusetts municipalities.

Bethany has a specialty concentration in representing lenders in complex financing transactions, particularly portfolio debt financing for commercial solar development projects, which includes Investment Tax Credit investors and various state incentive programs. A frequent speaker on renewable energy, recent presentations include impacts of alternative energy and conservation on real estate law, discussions on solar development on landfills/brownfields, and financing of solar developments. Bethany is a member of the New England Center Energy Center (NECEC) and its solar policy working group.

Prior to joining the firm, Bethany was an associate at Deutsch Williams Brooks DeRensis & Holland P.C. in Boston, where she gained substantial experience representing various municipalities concentrating on real estate matters, including project permitting, title disputes, conservation and land use restrictions and ensuring statutory compliance for real estate acquisitions and dispositions.

In 2017, Bethany was invited to join The Abstract Club, an association of experienced real estate lawyers limited to only 100 members in Massachusetts. Bethany and Sherin and Lodgen’s Team Sunshine were named 2014’s “Best Solar Energy Team – USA” by Acquisition International. AI magazine also selected Bethany as a recipient for their “Personal Award for Community Achievement” award.  She was also named a Top Women of Law by Massachusetts Lawyers Weekly.

Bethany clerked in the Massachusetts Land Court and was law clerk to the Honorable Rudolph Kass at the Massachusetts Appeals Court following graduation. While at Suffolk University School of Law, she was Editor-in-Chief of the Journal of High Technology Law.

Experience

  • Various lenders in financing commercial scale solar transactions, including with Investment Tax Credit investors using both partnership flip and master tenant structures
  • Represent a commercial lender as both debt and tax equity provider in a twinned New Market and solar Investment Tax Credit transaction
  • Various lenders for both bridge and permanent financing in developing or acquiring operating commercial scale solar projects
  • Various solar developers in both membership interest and asset purchases of solar projects, including negotiation of leases and power purchase agreements
  • Developers and lenders in real estate transactions related to acquisition, development and financing (including Historic, New Market, and Low Income Housing Tax Credit transactions)
  • High technology company in disposition of commercial property with leaseback component
  • Developers in the purchase and financing of unimproved land or land to be redeveloped including review of zoning and permitting
  • Shopping center owners with permitting matters relating to tenants, signage and parking
  • Large supermarket chain in connection with real estate matters, including development, leasing, acquisition and disposition, and bulk sales of store locations
Insights & Activities

Accolades

  • Included in Massachusetts Super Lawyers
  • Lexology Client Choice Attorney of the Year – Energy & Natural Resources Massachusetts (2019)
  • Massachusetts Lawyers Weekly Top Woman of the Law (2014)
  • Best Female Transactional Real Estate Lawyer USA – Corporate LiveWire (2015)
  • Best Solar Energy Team – USA Acquisition International (2014)
  • Community Achievement Award – USA Acquisition International (2014)

Speaking Engagements & Publications

  • “Renewable Energy Projects Tax Planning and Structuring,” speaker, EUCI, Inc., June 25-27, 2019
  • REC Project Finance & Contract Options,” speaker, EUCI, Inc., June 6, 2019
  • “Solar Development on Landfills and Brownfields,” panelist, EUCI, Inc., August 22, 2018
  •  “Renewable Energy Credit (REC) Market Dynamics and Trading Conference,” panelist, EUCI, Inc., June 20, 2018
  • “Renewable Energy Tax Strategies Symposium – Developer and Participant Panel,” panelist, EUCI, Inc., May 21, 2018
  • “Shining Bright: Solar Energy’s Impact on Real Estate Law,” speaker, Real Estate Bar Association Annual Meeting, May 1, 2017
  • “Going Green – Impacts of Alternative Energy and Conservation on Real Estate Law Practice,” speaker, MCLE 19th Annual Real Estate Law Conference, February 2017
  • Solar Basics for Non Profits in Massachusetts,” November 2016
  • “Debt and Economic Equity Trends,” speaker, Novogradac 2016 Financing Renewable Energy Tax Credit Fall Conference, October 2016
  • “Easements 101,” speaker, Boston Bar Association, October 24, 2016
  • MA Solar Program Clouded by Changes,” The Real Reporter, October 11, 2013
  • Financing Community Health Centers Requires Team Of Experts,” Banker & Tradesman, March 2012
  • Finding Financing In New Markets Tax Credits,” Banker & Tradesman, with Douglas M. Henry, March 2010
  • “The Land Court,” chap., Crocker’s Notes on Common Forms, 10th ed., Massachusetts Continuing Legal Education, 2013

Community Involvement

  • Tedy’s Team/American Stroke Association
  • Has completed all Abbott World Marathon Majors, most for charity