42 USC 15881 - Hydroelectric production incentives

U.S Code last checked for updates: Jan 18, 2025

§ 15881.

Hydroelectric production incentives

(a)

Incentive payments

(b)

Definitions

For purposes of this section:

(1)

Qualified hydroelectric facility

The term “qualified hydroelectric facility” means a turbine or other generating device owned or solely operated by a non-Federal entity—

(A)

that generates hydroelectric energy for sale; and

(B)

(i)

that is added to an existing dam or conduit; or

(ii)

(I)

that has a generating capacity of not more than 20 megawatts;

(II)

for which the non-Federal entity has received a construction authorization from the Federal Energy Regulatory Commission, if applicable; and

(III)

that is constructed in an area in which there is inadequate electric service, as determined by the Secretary, including by taking into consideration—

(aa)

access to the electric grid;

(bb)

the frequency of electric outages; or

(cc)

the affordability of electricity.

(2)

Existing dam or conduit

(3)

Conduit

The terms defined in this subsection shall apply without regard to the hydroelectric kilowatt capacity of the facility concerned, without regard to whether the facility uses a dam owned by a governmental or nongovernmental entity, and without regard to whether the facility begins operation on or after November 15, 2021.

(c)

Eligibility window

(d)

Incentive period

(e)

Amount of payment

(1)

In general

(2)

Adjustments

(f)

Sunset

(g)

Authorization of appropriations

(Pub. L. 109–58, title II, § 242, Aug. 8, 2005, 119 Stat. 677; Pub. L. 116–260, div. Z, title III, § 3005(a), Dec. 27, 2020, 134 Stat. 2511; Pub. L. 117–58, div. D, title III, § 40331, Nov. 15, 2021, 135 Stat. 1022.)

cite as: 42 USC 15881