2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 28 - Restructuring of Electric Utility Industry
2814 - Additional alternative energy sources.

     § 2814.  Additional alternative energy sources.
        (a)  Alternative energy sources.--The term "alternative
     energy sources" as defined under section 2 of the act of
     November 30, 2004 (P.L.1672, No.213), known as the Alternative
     Energy Portfolio Standards Act, shall also include low-impact
     hydropower consisting of any technology that produces electric
     power and that harnesses the hydroelectric potential of moving
     water impoundments if one of the following applies:
            (1)  (i)  the hydropower source has a Federal Energy
            Regulatory Commission licensed capacity of 21 megawatts
            or less; and
                (ii)  the license for the hydropower source was
            issued by the Federal Energy Regulatory Commission on or
            prior to January 1, 1984, and held on July 1, 2007, in
            whole or in part by a municipality located wholly within
            this Commonwealth or by an electric cooperative
            incorporated in this Commonwealth.
            (2)  The incremental hydroelectric development:
                (i)  does not adversely change existing impacts to
            aquatic systems;
                (ii)  meets the certification standards established
            by the Low Impact Hydropower Institute and American
            Rivers, Inc., or their successors;
                (iii)  provides an adequate water flow for protection
            of aquatic life and for safe and effective fish passage;
                (iv)  protects against erosion; and
                (v)  protects cultural and historic resources.
        (b)  Biomass.--The term "biomass energy" as defined under
     section 2 of the Alternative Energy Portfolio Standards Act
     shall also include the generation of electricity utilizing by-
     products of the pulping process and wood manufacturing process,
     including bark, wood chips, sawdust and lignins in spent pulping
     liquors. Electricity from biomass energy under this subsection
     generated inside this Commonwealth shall be eligible as a Tier I
     alternative energy source. Electricity from biomass energy under
     this subsection generated outside this Commonwealth shall be
     eligible as a Tier II alternative energy source.
        (c)  Increase in Tier I.--The commission shall at least
     quarterly increase the percentage share of Tier I alternative
     energy sources required to be sold by an electric distribution
     company or electric generation supplier under section 3(b)(1) of
     the Alternative Energy Portfolio Standards Act to reflect any
     new biomass energy or low-impact hydropower resources that
     qualify as a Tier I alternative energy source under this
     section. No new resource qualifying as biomass energy or low-
     impact hydropower under this section shall be eligible to
     generate Tier I alternative energy credits until the commission
     has increased the percentage share of Tier I to reflect these
     additional resources.
     (Oct. 15, 2008, P.L.1592, No.129, eff. 30 days)

        2008 Amendment.  Act 129 added section 2814. See the preamble
     to Act 129 of 2008 in the appendix to this title for special
     provisions relating to legislative findings and declarations.