Terms Used In Utah Code 10-19-202

• Clean energy source: means :
       (5)(a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995, that derives energy from one or more of the following:

            (5)(a)(i) wind energy;

            (5)(a)(ii) solar photovoltaic and solar thermal energy;

            (5)(a)(iii) wave, tidal, and ocean thermal energy;

            (5)(a)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (5)(a)(iv)(A) organic waste;

                 (5)(a)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (5)(a)(iv)(C) agricultural residues;

                 (5)(a)(iv)(D) dedicated energy crops; and

                 (5)(a)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (5)(a)(v) geothermal energy located outside the state;

            (5)(a)(vi) waste gas and waste heat capture or recovery, including methane gas from:

                 (5)(a)(vi)(A) an abandoned coal mine; or

                 (5)(a)(vi)(B) a coal degassing operation associated with a state-approved mine permit;

            (5)(a)(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;

            (5)(a)(viii) a compressed air energy storage process, if:

                 (5)(a)(viii)(A) the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or

                 (5)(a)(viii)(B) equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process;

            (5)(a)(ix) municipal solid waste;

            (5)(a)(x) nuclear fuel; or

            (5)(a)(xi) carbon capture utilization and sequestration;
       (5)(b) any of the following:

            (5)(b)(i) up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;

            (5)(b)(ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and

            (5)(b)(iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
       (5)(c) hydrogen gas derived from any source of energy described in Subsection (5)(a) or (b);
       (5)(d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (5)(a) through (c); and
       (5)(e) any of the following located in the state and owned by a user of energy:

            (5)(e)(i) a demand side management measure, as defined by Subsection Utah Code 10-19-102
• Contract: A legal written agreement that becomes binding when signed.
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102
• Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:
       (9)(a)

            (9)(a)(i) the clean energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or

            (9)(a)(ii) the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and
       (9)(b) the clean energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102
• Renewable energy certificate: means a certificate issued in accordance with the requirements of Sections 10-19-202 and 54-17-603. See Utah Code 10-19-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5