Current with changes from the 2024 Legislative Session
Section 5-445 - Energy project - In general(a)(1) In this section the following words have the meanings indicated.(2)(i) "Renewable fuel" means gaseous, liquid, or solid fuel from any organic matter and its by-products.(ii) "Renewable fuel" includes fuel from: 1. an agricultural crop, agricultural waste, or agricultural residue;2. wood, wood waste, or wood residue;5. sewage or sewage sludge;6. municipal, industrial, or commercial waste;7. any mixture of any of these substances with inorganic refuse from a public or private municipal waste collection system or similar disposal system; or8. any combination of items 1 through 7 of this subparagraph.(iii) "Renewable fuel" does not include fossil fuel.(3) "Transportation facility" means a transportation facility that is used exclusively to transport fuel produced by a fuel production facility to:(ii) a pipeline connection to an existing pipeline or processing facility; or(iii) an area near the fuel production facility.(b) A project qualifies as an energy project if it consists of: (1) an energy conservation project;(2) a solar energy project;(3) the construction of a facility to produce solar energy equipment;(4) the construction of a facility or portion of a facility to: (i) produce renewable fuel; and(ii) burn renewable fuel, or a mixture of renewable fuel with other materials, to generate: 3. electricity, including by cogeneration; or4. other useful forms of energy;(5) the conversion of any facility to use renewable fuel;(6) the expansion or improvement of a facility that increases its capacity or efficiency to use renewable fuel;(7) the acquisition and improvement of equipment for use in a facility specified in items (4) through (6) of this subsection;(8) the acquisition or improvement of land for a facility specified in items (4) through (6) of this subsection;(9) the purchase, construction, or installation of a facility or equipment to use groundwater as a heat source for a heating system or as a heat sink for an air conditioning system;(10) the purchase, construction, or installation of a facility or equipment to develop and use the natural heat of the earth for direct use or to generate electricity;(11) the purchase, construction, and installation of a hydroelectric facility at an existing dam that:(i) uses the water power potential of the dam; and(ii) has no more than 30 megawatts of installed capacity;(12) the construction of a fuel production facility for commercial production of a gaseous, liquid, or solid fuel, or of a combination of them, that:(i) is produced by chemical or physical transformation of coal or mixtures of coal and other materials;(ii) can be used as a substitute for petroleum or natural gas, or any of their derivatives, including chemical feedstocks; and(iii) includes only:1. the fuel production facility, including the equipment, plant, supplies, and other materials associated with the fuel production facility;2. the land and mineral rights required directly for use in connection with the fuel production facility;3. any other facility or equipment to be used in the extraction of a mineral for use directly and exclusively in the fuel production facility that is necessary to the project and is: A. colocated with or located in the immediate vicinity of the fuel production facility; orB. if not colocated or located in accordance with item A of this item:I. a coal mine in the case that no other reasonable source of coal is available to the project; orII. incidental to the project; and4. any transportation facility, electric power plant, electric transmission line, or other facility that is:A. for the exclusive use of the project;B. incidental to the project; andC. necessary to the project;(13) the conversion of a facility from using petroleum-based fuel to coal or to a mixture of coal and other materials as a fuel; or(14) the construction of a facility to burn coal using innovative technology that increases the efficiency of the combustion process.