TITLE I—Clean Energy

The bill begins by offering some definitions:

Biomass: The term 'biomass' means each of the following:


  • crops, crop byproducts, or crop residues harvested from actively managed or fallow agricultural land that was cleared prior to the date of enactment of this section and is nonforested.

  • Planted trees, brush, slash and all residues from an actively managed tree plantation located on land that was cleared prior to the date of enactment of this section and is not Federal land.

  • Pre-commercial-sized thinnings, slash, brush and residue from milled trees, from forested land that is not old-growth or mature forest; identified under a State Natural Heritage Program as rare, imperiled, or critically imperiled; or Federal land.

  • Algae.

  • Nonhazardous plant matter derived from waste such as separated yard waste, landscape right-of-way trimmings or food waste (but not municipal solid waste, recyclable waste paper, painted, treated or pressurized wood, or wood contaminated with plastic or metals).

  • Animal waste or animal byproducts, including products of animal waste digesters.

  • Vegetative matter removed from within 200 yards of any manmade structure or campground.

Distributed Generation Facility: The term 'distributed generation facility' means a facility that:


  • Generates renewable electricity other than by means of combustion

  • Primarily serves 1 or more electricity consumers at or near the facility site, and

  • Is no larger than 2 MW in capacity.


Federal Renewable Electricity Credit: The term 'Federal renewable electricity credit' means a credit, representing 1 MWh of renewable electricity, issued pursuant to subsections of the bill.

Fuel Cell: The term 'fuel cell' means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device.

Qualified Hydropower: The term 'qualified hydropower' means:


  • Electricity generated solely from increased efficiency achieved, or additions of capacity made, on or after January 1, 2001 at a hydroelectric facility that was placed in service before that date, or

  • Electricity generated from generating capacity added on or after January 1, 2001 to a dam that did not previously have the capacity to generate electricity, provided that the Federal Energy Regulatory Commission certifies that (1) the dam was placed in service before the date of the enactment of this bill and was operated for flood control, navigation, or water supply purposes and did not produce hydroelectric power before January 1, 2001; (2) the hydroelectric project installed on the dam is licensed by the FERC and meets all other applicable environmental, licensing and regulatory requirements, including applicable fish passage requirements, and (3) the hydroelectric project installed on the dam is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license requirements that require changes in water surface elevation for the purpose of improving the environmental quality of the affected waterway.

Renewable Electricity: The term 'renewable electricity' means electricity generated (including by means of a fuel cell) from a renewable energy resource. The term 'renewable energy resource' means each of the following:

  • Wind energy

  • Solar energy

  • Geothermal energy

  • Biomass or landfill gas

  • Qualified hydropower

  • Marine and hydrokinetic renewable.


  • Retail Electric Supplier: The term 'retail electric supplier' means, for any given year, an electric utility that sold not less than 1,000,000 MWh of electric energy to electric consumers for purposes other than resale during the preceding calendar year.

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