Section 6-74-5 - Criteria for qualifying small power production facilities(a) The electric power production capacity of the facility for which qualification is sought, together with the capacity of any other facilities which use the same energy resource, shall be: (1) Owned by the same person;(2) Located at the same site; and(3) Eighty megawatts or less.(b) For purposes of subsection (a), facilities are considered to be located at the same site as the facility for which qualification is sought if they are located within one mile of the facility for which qualification is sought and, for hydroelectric facilities, if they use water from the same impoundment for electric power generation.(c) For purposes of making the determination in subsection (b), the distance between facilities shall be measured from the electrical generating equipment of a facility.(d) The commission may modify the application for subsections (a), (b), and (c) for good cause.(e) The primary energy source of the facility shall be biomass, waste, renewable resources, solar, wind, geothermal, or any combination thereof, and more than seventy-five per cent of the total energy input shall be from these sources. (1) Any primary energy source which, on the basis of its energy content, is fifty per cent or more biomass, shall be considered biomass.(2) Use of oil, natural gas, and coal by a facility may not, in the aggregate, exceed twenty-five per cent of the total energy input of the facility during any calendar year period.[Eff 2/18/82; am and comp 5/2/85; am and comp] (Auth: HRS § 269-6) (Imp: HRS § 269-27.2)