Ohio Code § 3706.25

§ 3706.25.

As used in sections 3706.25 to 3706.29 of the Revised Code : (A) “ Advanced energy project ” means any technologies, products, activities, or management practices or strategies

that facilitate the generation or use of electricity or energy and that reduce or

support the reduction of energy consumption or support the production of clean, renewable

energy for industrial, distribution, commercial, institutional, governmental, research,

not-for-profit, or residential energy users including, but not limited to, advanced

energy resources and renewable energy resources.  “ Advanced energy project ” includes any project described in division (A) , (B) , or (C) of section 4928.621 of the Revised Code . (B) “ Advanced energy resource ” means any of the following: (1) Any method or any modification or replacement of any property, process, device, structure,

or equipment that increases the generation output of an electric generating facility

to the extent such efficiency is achieved without additional carbon dioxide emissions

by that facility; (2) Any distributed generation system consisting of customer cogeneration technology,

primarily to meet the energy needs of the customer's facilities; (3) Advanced nuclear energy technology consisting of generation III technology as defined

by the nuclear regulatory commission;  other, later technology;  or significant improvements

to existing facilities; (4) Any fuel cell used in the generation of electricity, including, but not limited to,

a proton exchange membrane fuel cell, phosphoric acid fuel cell, molten carbonate

fuel cell, or solid oxide fuel cell; (5) Advanced solid waste or construction and demolition debris conversion technology,

including, but not limited to, advanced stoker technology, and advanced fluidized

bed gasification technology, that results in measurable greenhouse gas emissions reductions

as calculated pursuant to the United States environmental protection agency's waste

reduction model (WARM). (C) “Air contaminant source” has the same meaning as in section 3704.01 of the Revised Code . (D) “ Cogeneration technology ” means technology that produces electricity and useful thermal output simultaneously. (E) “ Renewable energy resource ” means solar photovoltaic or solar thermal energy, wind energy, power produced by

a hydroelectric facility, power produced by a run-of-the-river hydroelectric facility

placed in service on or after January 1, 1980, that is located within this state,

relies upon the Ohio river, and operates, or is rated to operate, at an aggregate

capacity of forty or more megawatts, geothermal energy, fuel derived from solid wastes,

as defined in section 3734.01 of the Revised Code , through fractionation, biological decomposition, or other process that does not

principally involve combustion, biomass energy, energy produced by cogeneration technology

that is placed into service on or before December 31, 2015, and for which more than

ninety per cent of the total annual energy input is from combustion of a waste or

byproduct gas from an air contaminant source in this state, which source has been

in operation since on or before January 1, 1985, provided that the cogeneration technology

is a part of a facility located in a county having a population of more than three

hundred sixty-five thousand but less than three hundred seventy thousand according

to the most recent federal decennial census, biologically derived methane gas, heat

captured from a generator of electricity, boiler, or heat exchanger fueled by biologically

derived methane gas, or energy derived from nontreated by-products of the pulping

process or wood manufacturing process, including bark, wood chips, sawdust, and lignin

in spent pulping liquors.  “ Renewable energy resource ” includes, but is not limited to, any fuel cell used in the generation of electricity,

including, but not limited to, a proton exchange membrane fuel cell, phosphoric acid

fuel cell, molten carbonate fuel cell, or solid oxide fuel cell;  wind turbine located

in the state's territorial waters of Lake Erie;  methane gas emitted from an abandoned

coal mine;  storage facility that will promote the better utilization of a renewable

energy resource that primarily generates off peak;  or distributed generation system

used by a customer to generate electricity from any such energy.  As used in this division, “ hydroelectric facility ” means a hydroelectric generating facility that is located at a dam on a river, or

on any water discharged to a river, that is within or bordering this state or within

or bordering an adjoining state and meets all of the following standards: (1) The facility provides for river flows that are not detrimental for fish, wildlife,

and water quality, including seasonal flow fluctuations as defined by the applicable

licensing agency for the facility. (2) The facility demonstrates that it complies with the water quality standards of this

state, which compliance may consist of certification under Section 401 of the “Clean

Water Act of 1977,” 91 Stat. 1598, 1599, 33 U.S.C. 1341 , and demonstrates that it has not contributed to a finding by this state that the

river has impaired water quality under Section 303(d) of the “Clean Water Act of 1977,”

114 Stat. 870, 33 U.S.C. 1313 . (3) The facility complies with mandatory prescriptions regarding fish passage as required

by the federal energy regulatory commission license issued for the project, regarding

fish protection for riverine, anadromous, and catadromous fish. (4) The facility complies with the recommendations of the Ohio environmental protection

agency and with the terms of its federal energy regulatory commission license regarding

watershed protection, mitigation, or enhancement, to the extent of each agency's respective

jurisdiction over the facility. (5) The facility complies with provisions of the “Endangered Species Act of 1973,” 87

Stat. 884, 16 U.S.C. 1531 to 1544 , as amended. (6) The facility does not harm cultural resources of the area.  This can be shown through compliance with the terms of its federal energy regulatory

commission license or, if the facility is not regulated by that commission, through

development of a plan approved by the Ohio historic preservation office, to the extent

it has jurisdiction over the facility. (7) The facility complies with the terms of its federal energy regulatory commission

license or exemption that are related to recreational access, accommodation, and facilities

or, if the facility is not regulated by that commission, the facility complies with

similar requirements as are recommended by resource agencies, to the extent they have

jurisdiction over the facility;  and the facility provides access to water to the

public without fee or charge. (8) The facility is not recommended for removal by any federal agency or agency of any

state, to the extent the particular agency has jurisdiction over the facility.