Difference between revisions of "RAPID/Roadmap/7 (2)"

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A hydropower project may also require state public utility commission approval, and a state agency dam safety and construction review. Small-low impact hydropower projects may also qualify for state regulatory assistance.
 
A hydropower project may also require state public utility commission approval, and a state agency dam safety and construction review. Small-low impact hydropower projects may also qualify for state regulatory assistance.
|Description===7.1 to 7.2 – Does the Project Require a Federal Energy Regulatory Commission Authorization? <span data-hydro-section="conventional, non-powered dam"></span>==
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|Description===7.1 to 7.2 – Does the Project Require a Federal Energy Regulatory Commission Authorization?==
  
 
The [[Federal Energy Regulatory Commission|Federal Energy Regulatory Commission]] (FERC) has authority to license certain non-federal hydropower projects. Other than for a Qualifying Conduit Hydropower Facility (those located on a non-federally owned conduit with a capacity up to 40 MW), which requires only a Notice of Intent be filed with FERC, a developer must complete FERC’s hydropower licensing/exemption process for non-federal hydropower projects. [[Federal Power Act|Federal Power Act (FPA) Section 30]]. Types of hydropower projects include hydroelectric dams, run-of-river, pumped storage, or small hydropower including small conduits. The term “conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch or similar manmade water conveyance used to distribute water for agricultural, municipal, or industrial use, and not used primarily to generate electricity. A FERC license is required to construct, operate, and maintain non-federal hydroelectric projects:  
 
The [[Federal Energy Regulatory Commission|Federal Energy Regulatory Commission]] (FERC) has authority to license certain non-federal hydropower projects. Other than for a Qualifying Conduit Hydropower Facility (those located on a non-federally owned conduit with a capacity up to 40 MW), which requires only a Notice of Intent be filed with FERC, a developer must complete FERC’s hydropower licensing/exemption process for non-federal hydropower projects. [[Federal Power Act|Federal Power Act (FPA) Section 30]]. Types of hydropower projects include hydroelectric dams, run-of-river, pumped storage, or small hydropower including small conduits. The term “conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch or similar manmade water conveyance used to distribute water for agricultural, municipal, or industrial use, and not used primarily to generate electricity. A FERC license is required to construct, operate, and maintain non-federal hydroelectric projects:  
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<span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-e|FERC Hydropower Overview: <br>7-FD-e]]</span>
 
<span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-e|FERC Hydropower Overview: <br>7-FD-e]]</span>
  
==7.3 to 7.4 – Will the Project Require Modification to or use of a U.S. Army Corps of Engineers Managed Structure? <span data-hydro-section="conventional"></span>==
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==7.3 to 7.4 – Will the Project Require Modification to or use of a U.S. Army Corps of Engineers Managed Structure?==
  
 
Of primary concern will be whether the project will require alterations to, or temporary or permanent occupancy or use of an [[U.S. Army Corps of Engineers]] (USACE) managed civil works project. If the proposed project will alter or utilize an USACE structure the developer must obtain Section 408 authorization under the [[Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408)|Rivers and Harbors Act of 1899]]. In addition, any hydroelectric facility on an USACE structure must complete the FERC licensing process. For more information, see:
 
Of primary concern will be whether the project will require alterations to, or temporary or permanent occupancy or use of an [[U.S. Army Corps of Engineers]] (USACE) managed civil works project. If the proposed project will alter or utilize an USACE structure the developer must obtain Section 408 authorization under the [[Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408)|Rivers and Harbors Act of 1899]]. In addition, any hydroelectric facility on an USACE structure must complete the FERC licensing process. For more information, see:
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<span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-u|U.S. Army Corps of Engineers Section 408 Authorization: <br>7-FD-u]]</span>
 
<span class="btn btn-rapid btn-fed">[[RAPID/Roadmap/7-FD-u|U.S. Army Corps of Engineers Section 408 Authorization: <br>7-FD-u]]</span>
  
==7.5 to 7.6 – Is the Facility a Small Power Production Facility? <span data-hydro-section="pumped storage"></span>==
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==7.5 to 7.6 – Is the Facility a Small Power Production Facility?==
  
 
If the facility is a small power production facility, the developer may apply for Certification as a Qualifying Facility under [[Public Utility Regulatory Policies Act of 1978]] (PURPA). A small power production facility is a generating facility that is 80 megawatts or less with a primary energy source (i.e. at least 75%) of hydro, wind, solar, biomass, waste, or geothermal resources.  Qualifying Facilities have the right to sell energy to public utilities at the "avoided cost" rate (i.e. the cost to the public utility to produce the energy itself), provided FERC has not relieved the utility from its purchase obligation under [[Title 18 CFR 292 Regulations Under Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 With Regard to Small Power Production and Cogeneration|18 C.F.R. § 292.309]].  Under [[Title 16 USC 824a Interconnection and Coordination of Facilities, Emergencies, Transmission to Foreign Countries |16 U.S.C. § 824a-3(m)]] after August 8, 2005, no electric utility shall be required to enter into a new contract or obligation to purchase electric energy from a qualifying small power production facility if FERC finds that the facility has nondiscriminatory access to:
 
If the facility is a small power production facility, the developer may apply for Certification as a Qualifying Facility under [[Public Utility Regulatory Policies Act of 1978]] (PURPA). A small power production facility is a generating facility that is 80 megawatts or less with a primary energy source (i.e. at least 75%) of hydro, wind, solar, biomass, waste, or geothermal resources.  Qualifying Facilities have the right to sell energy to public utilities at the "avoided cost" rate (i.e. the cost to the public utility to produce the energy itself), provided FERC has not relieved the utility from its purchase obligation under [[Title 18 CFR 292 Regulations Under Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 With Regard to Small Power Production and Cogeneration|18 C.F.R. § 292.309]].  Under [[Title 16 USC 824a Interconnection and Coordination of Facilities, Emergencies, Transmission to Foreign Countries |16 U.S.C. § 824a-3(m)]] after August 8, 2005, no electric utility shall be required to enter into a new contract or obligation to purchase electric energy from a qualifying small power production facility if FERC finds that the facility has nondiscriminatory access to:

Revision as of 15:14, 1 July 2019

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

Hydropower Facility Licensing, Certification, Safety and Regulation Overview (7)

Information current as of 2019
A hydropower developer must obtain a number of federal and state permits for a proposed project. The hydropower facility's location, size, type of customer the facility sells energy to, and whether the facility sells energy in "interstate commerce" will determine what permits the facility requires. As an initial matter, under the Federal Power Act the Federal Energy Regulatory Commission (FERC) has authority to issue licenses to construct, operate, and maintain non-federal hydropower projects. The Federal Power Act was amended in 2018 by the America's Water Infrastructure Act of 2018, which modified some permitting procedures.


In addition, FERC has authority over “public utilities,” which under 16 U.S.C. § 824a (e) includes any person who owns or operates facilities subject to jurisdiction of FERC. This includes any person who owns or operates a facility for the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce. Interstate commerce has been interpreted broadly to include when the transmission system is interconnected and capable of transmitting electric energy across the state boundary, even if the contracting parties and the electrical pathway between them are in one state. See Florida Power & Light Company, 29 FERC, ¶ 61, 140 at 61, 291-92 (1984).

A hydropower project may also require state public utility commission approval, and a state agency dam safety and construction review. Small-low impact hydropower projects may also qualify for state regulatory assistance.



Facility Licensing, Certification, Safety and Regulation Overview Process


7.1 to 7.2 – Does the Project Require a Federal Energy Regulatory Commission Authorization?

The Federal Energy Regulatory Commission (FERC) has authority to license certain non-federal hydropower projects. Other than for a Qualifying Conduit Hydropower Facility (those located on a non-federally owned conduit with a capacity up to 40 MW), which requires only a Notice of Intent be filed with FERC, a developer must complete FERC’s hydropower licensing/exemption process for non-federal hydropower projects. Federal Power Act (FPA) Section 30. Types of hydropower projects include hydroelectric dams, run-of-river, pumped storage, or small hydropower including small conduits. The term “conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch or similar manmade water conveyance used to distribute water for agricultural, municipal, or industrial use, and not used primarily to generate electricity. A FERC license is required to construct, operate, and maintain non-federal hydroelectric projects:

  • (a) located on navigable waters of the United States;
  • (b) occupying U.S. lands;
  • (c) utilize surplus water or water power from a U.S. government dam; or
  • (d) located on a stream over which Congress has Commerce Clause jurisdiction, where project construction or expansion occurred on or after August 26, 1935, and the project affects the interests of interstate or foreign commerce.

FPA Section 4; Pub. L. no. 113-23

Two categories of hydropower plants may be granted an exemption by FERC from its hydropower licensing process: (1) small conduit hydroelectric facilities or (2) small hydroelectric projects. The first exemption is for conduit hydroelectric facilities up to 40 MW utilizing flow from a man-made conduit operated primarily for non-hydroelectric purposes (18 C.F.R. §§ 4.90-4.96). The second exemption is for a small hydroelectric power project defined as any project in which capacity will be installed or increased after the date on which an application is made for the exemption, which will have a total capacity of not more than 10 MW, which will utilize for electric power generation the water power potential of an existing dam that is not owned or operated by the United States or by an instrumentality of the Federal Government (including the Tennessee Valley Authority), or which would utilize for the generation of electricity a natural water feature, such as a natural lake, waterfall, or the gradient of a natural stream without a need for a dam or man-made impoundment and would not retain water behind any structure for the purpose of a storage and release operation. 18 C.F.R. §§ 4.31. 4.101-4.108. For more information, see:

FERC Hydropower Overview:
7-FD-e

7.3 to 7.4 – Will the Project Require Modification to or use of a U.S. Army Corps of Engineers Managed Structure?

Of primary concern will be whether the project will require alterations to, or temporary or permanent occupancy or use of an U.S. Army Corps of Engineers (USACE) managed civil works project. If the proposed project will alter or utilize an USACE structure the developer must obtain Section 408 authorization under the Rivers and Harbors Act of 1899. In addition, any hydroelectric facility on an USACE structure must complete the FERC licensing process. For more information, see:

U.S. Army Corps of Engineers Section 408 Authorization:
7-FD-u

7.5 to 7.6 – Is the Facility a Small Power Production Facility?

If the facility is a small power production facility, the developer may apply for Certification as a Qualifying Facility under Public Utility Regulatory Policies Act of 1978 (PURPA). A small power production facility is a generating facility that is 80 megawatts or less with a primary energy source (i.e. at least 75%) of hydro, wind, solar, biomass, waste, or geothermal resources. Qualifying Facilities have the right to sell energy to public utilities at the "avoided cost" rate (i.e. the cost to the public utility to produce the energy itself), provided FERC has not relieved the utility from its purchase obligation under 18 C.F.R. § 292.309. Under 16 U.S.C. § 824a-3(m) after August 8, 2005, no electric utility shall be required to enter into a new contract or obligation to purchase electric energy from a qualifying small power production facility if FERC finds that the facility has nondiscriminatory access to:

  • Independently administered, auction-based day ahead and real-time wholesale markets for the sale of electric energy wholesale markets for long-term sales of capacity and electric energy; or
  • Transmission and interconnection services that are provided by a FERC approved regional transmission entity and administered pursuant to an open access transmission tariff that affords nondiscriminatory treatment to all customers and competitive wholesale markets that provide a meaningful opportunity to sell capacity, including long-term and short-term sales, and electric energy, including long-term, short-term and real-time sales, to buyers other than the utility to which the qualifying facility is interconnected. In determining whether a meaningful opportunity to sell exists, the Commission shall consider, among other factors, evidence of transactions within the relevant market; or
  • Wholesale markets for the sale of capacity and electric energy that are, at a minimum, of comparable competitive quality as markets described in the options above.
Note - Qualifying Facilities under 20 megawatts are exempt from the Federal Power Act, including sections 205 and 206.

For more information, see:

PURPA Qualifying Facility Certification:
7-FD-c(2)

In addition, for projects reviewed under the FERC licensing process, the developer must submit to FERC a Pre-Application Document (PAD) describing the existing and proposed (if any) project facilities and operations, provide information on the existing environment, and existing data or studies relevant to the existing environment, and any known and potential impacts of the proposed project on the specified resources (18 C.F.R. § 5.6(c)). Relevant federal agencies will review and comment on the PAD. Comments made by a fish and wildlife agency must provide a reasonable estimate of the total costs the agency anticipates it will incur in order to set mandatory terms and conditions for the proposed project (18 C.F.R. § 5.9(c)).

7.7 to 7.8 – Is the Facility an Independent Power Producer That Exclusively Sells to Wholesale Customers?

Independent power producers that exclusively sell energy to wholesale customers may qualify as Exempt Wholesale Generators (EWGs). The Energy Policy Act of 1992 created an exemption from Public Utility Holding Company Act (PUHCA) for EWGs. For EWGs to maintain their status, they must restrict sale agreements to wholesale sales. As for Qualifying Facilities over 20 megawatts, EWGs are subject to FERC regulations on rate approval under section 205 of the Federal Power Act. However, unlike Qualifying Facilities, EWGs may not take advantage of retail sale opportunities in local jurisdictions For more information, see:

Exempt Wholesale Generator Status:
7-FD-d

7.9 to 7.10 – Will the Facility Require Approval from a State Public Utility Regulatory Authority?

If a state public utility regulatory authority regulates the facility, the facility may need a state certification or other approval. For example, a developer may need a Certificate of Public Good (CPG) or Certificate of Public Convenience and Necessity (CPCN) for a transmission extension project or a net-metered project. In general, if a facility sells its power to the public, the facility is considered a state "public utility" for the purposes of regulation by the state public utility regulatory body. This typically requires the regulatory body to issue a CPCN or CPG or equivalent approval for its construction, operation, or sale of electricity.

Alaska

In Alaska, a hydropower developer may need a Certificate of Public Convenience and Necessity from the Regulatory Commission of Alaska before commencing with utility operations and receiving compensation for providing services to customers. For more information, see:

Certificate of Public Convenience and Necessity:
7-AK-c

Arkansas

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Arkansas.

California

California does not require approval from the California Energy Commission for hydropower development.

Colorado

In Colorado, a hydropower developer may need a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission to construct or operate a facility or an extension of a facility. 4 CCR 723-3-3102; CRS 40-5-102, Certificate of Public Convenience and Necessity. For more information, see:

Certificate of Public Convenience and Necessity:
7-CO-c

Illinois

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Illinois.

Indiana

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Indiana.

Iowa

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Iowa.

Kentucky

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Kentucky.

Louisiana

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Louisiana.

Minnesota

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Minnesota.

Mississippi

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Mississippi.

Missouri

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Missouri.

New York

In New York, a hydropower developer may need a Certificate of Public Convenience and Necessity from the New York Public Service Commission before beginning construction of an electric plant. N.Y. Pub. Serv. Law § 68, Certificate of Public Convenience and Necessity. For more information, see:

Certificate of Public Convenience and Necessity:
7-NY-c

North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in North Dakota.

Ohio

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Ohio.

Pennsylvania

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Pennsylvania.

Tennessee

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Tennessee.

Vermont

In Vermont, a hydropower developer may need to obtain a Certificate of Public Good from the Vermont Public Service Board for a transmission line extension project, or an interconnected group net-metered hydroelectric power system. For more information, see:

Certificate of Public Good:
7-VT-c

Washington

Washington does not require approval from the Washington Utilities and Transportation Commission for hydropower development.

West Virginia

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in West Virginia.

Wisconsin

Currently, the RAPID Toolkit does not have state specific content regarding facility licensing, certification, and safety for hydropower development in Wisconsin.

7.11 to 7.12 – Does the Project Qualify as Small-Low-Impact Facility?

Small-low-impact projects may qualify for state run enhanced permitting assistance programs. FERC may waive regulatory some requirements in certain instances, such as a small-low impact hydropower project. States may have a streamlined process for institutionalizing small hydropower assistance programs that accelerate small-low-impact hydropower development in a cost-effective and environmentally responsible way. FERC Small/Low Impact Hydropower Program Website; Oregon Department of Energy Small, Low-Impact Hydropower Website; Colorado Energy Office: Colorado Small Hydropower Handbook; Small Hydropower Assistance Program.

Although many states have their own unique small-low-impact hydropower program many have a similar process. Most states have a pre-screening process to determine if the project meets the programs low-impact criteria, a coordinated resource agency review practice, and a single point of contract for applicants (developers). Most states also institute shorter comment periods for certain permits, conduct multi-agency site visits, and may submit a letter to FERC indicating that state agency requirements are satisfied or submit a FERC exemption application on the developer’s behalf, expediting the permitting timeline. Each state defines small hydropower differently, but all states require projects to meet specific cultural and natural resource criteria including minimum flows, water quality, fish passage, watershed protection, threatened and endangered species, recreation, and cultural resource protection. FERC Small/Low Impact Hydropower Program Website; Oregon Department of Energy Small, Low-Impact Hydropower Website; Colorado Energy Office: Colorado Small Hydropower Handbook; Small Hydropower Assistance Program.

Alaska

Alaska does not currently have a program for small-low-impact hydropower facilities.

Arkansas

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Arkansas.

California

California does not have a program for small-low-impact hydropower facilities.

Colorado

In Colorado, small, low-impact hydroelectric projects may qualify for streamlined federal permitting assistance from the Colorado Energy Office. For more information see:

Small-Low Impact Hydropower Program:
7-CO-a

Illinois

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Illinois.

Indiana

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Indiana.

Iowa

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Iowa.

Kentucky

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Kentucky.

Louisiana

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Louisiana.

Minnesota

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Minnesota.

Mississippi

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Mississippi.

Missouri

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Missouri.

New York

New York does not have a program for small-low-impact hydropower facilities.

North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in North Dakota.

Ohio

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Ohio.

Pennsylvania

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Pennsylvania.

Tennessee

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Tennessee.

Vermont

In Vermont, small, low-impact hydropower projects may qualify for streamlined federal and state permitting assistance through the Small Hydropower Assistance Program. For more information, see:

Small Hydropower Assistance Program:
7-VT-a

Washington

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Washington.

West Virginia

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in West Virginia.

Wisconsin

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Wisconsin.

7.13 to 7.14 – Does the Project Include a Dam or Reservoir Subject to a State Safety Review Process?

If the hydropower project requires the construction, enlargement, repair, or alteration of a dam and/or reservoir, the state may require that the dam and/or reservoir pass a state safety inspection process.

Alaska

In Alaska, a hydropower developer may need a certificate of approval from the Alaska Department of Natural Resources to construct, enlarge, repair, alter, and/or operate a dam. AS 46.17.040. For more information, see:

Dam Safety Review:
7-AK-f

Arkansas

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Arkansas.

California

In California, a hydropower developer may need approval from the California Department of Water Resources for projects that may alter a dam or reservoir. For more information, see:

Dam Safety Review:
7-CA-f

Colorado

In Colorado, a hydropower developer may need to submit dam and reservoir construction plans to the Colorado State Engineer’s Office for approval before beginning construction. C.R.S. § 37-87-105(1), Approval of Plans for Reservoir.

Dam Safety Review:
7-CO-f

Illinois

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Illinois.

Indiana

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Indiana.

Iowa

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Iowa.

Kentucky

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Kentucky.

Louisiana

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Louisiana.

Minnesota

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Minnesota.

Mississippi

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Mississippi.

Missouri

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Missouri.

New York

In New York, a hydropower developer may need a Dam and Impoundment Structures Permit from the Department of Environmental Conservation to construct, reconstruct, or repair a dam or other impoundment. For more information, see:

Dam and Impoundment Structures Permit:
7-NY-f

North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in North Dakota.

Ohio

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Ohio.

Pennsylvania

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Pennsylvania.

Tennessee

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Tennessee.

Vermont

Vermont does not have a dam safety review process.

Washington

Currently, the RAPID Toolkit does not have state specific content regarding programs for small-low impact hydropower development in Washington.

West Virginia

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in West Virginia.

Wisconsin

Currently, the RAPID Toolkit does not have state specific content regarding dam safety for hydropower development in Wisconsin.

7.15 to 7.16 – Does the Project Qualify for State Renewable Portfolio Standard (RPS) Certification?

Some states require renewable energy electric generating facilities to complete a certification process to qualify as a renewable energy portfolio standard (RPS) eligible facility. These RPS or renewable energy certified facilities must comply with state specific procurement and accounting requirements, and may count their generation towards the facility’s RPS goal or mandate. The state then may use the electric generation from these certified facilities to count towards the state’s RPS mandate or goal.

Alaska

Alaska does not does not have a mandatory or voluntary RPS requirement and therefore renewable energy generating facilities are not required to obtain a certification of eligibility for RPS procurement purposes.

Arkansas

Arkansas does not does not have a mandatory or voluntary RPS requirement and therefore renewable energy generating facilities are not required to obtain a certification of eligibility for RPS procurement purposes.

California

In California, a hydropower developer may obtain RPS certification from the California Energy Commission for certain projects. For more information, see:

Renewable Portfolio Standard Certification:
7-CA-g

Colorado

Colorado does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Colorado tracks renewable energy generation and compliance solely through the Western Renewable Energy Generation Information System (WREGIS).

Illinois

Illinois does not require renewable energy facilities to obtain a certification of eligibility for RPS procurement purposes. Illinois tracks renewable energy generation and compliance through the PJM Environmental System Generation Attribute Tracking System (PJM-GATS) and the Midwest Renewable Energy Tracking System (M-RETS).

Indiana

Indiana does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Indiana has a voluntary clean energy portfolio standard program called Indiana CHOICE.

Iowa

Iowa does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Iowa requires Investor-owned utilities (MidAmerican Energy and Alliant Energy) to own or contract for a combined total of 105 MW of renewable generating capacity and associated energy. Iowa does not track renewable energy generation and compliance.

Kentucky

Kentucky does not does not have a mandatory or voluntary RPS requirement and therefore renewable energy generating facilities are not required to obtain a certification of eligibility for RPS procurement purposes.

Louisiana

Louisiana does not does not have a mandatory or voluntary RPS requirement and therefore renewable energy generating facilities are not required to obtain a certification of eligibility for RPS procurement purposes.

Minnesota

Minnesota does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Minnesota tracks renewable energy generation and compliance through the Midwest Renewable Energy Tracking System (M-RETS).

Mississippi

Mississippi does not does not have a mandatory or voluntary RPS requirement and therefore renewable energy generating facilities are not required to obtain a certification of eligibility for RPS procurement purposes.

Missouri

Missouri does not require renewable energy generating facilities to obtain a certification of eligibility for RPS purposes. Missouri tracks renewable energy generation and compliance solely through the North American Renewables Registry.

New York

New York does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. New York tracks renewable energy generation and compliance solely through the New York Generation Attribute Tracking System (NYGATS).

North Dakota

North Dakota requires a generating source to meet the requirements of the North Dakota Public Service Commission’s rules for tracking, recording, and verifying renewable energy certificates to be eligible for RPS procurement purposes. North Dakota tracks renewable energy generation and compliance solely through the Midwest Renewable Energy Tracking System.

Ohio

Ohio does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Ohio tracks renewable energy generation and compliance through PJM’s Generation Attribute Tracking System, the Midwest Independent Transmission System Operator generation system or any other credible tracking system the Ohio Public Utilities Commission approves.

Pennsylvania

Pennsylvania does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Pennsylvania tracks renewable energy generation and compliance through PJM’s Generation Attribute Tracking System.

Tennessee

Tennessee does not does not have a mandatory or voluntary RPS requirement and therefore renewable energy generating facilities are not required to obtain a certification of eligibility for RPS procurement purposes.

Vermont

Vermont does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Vermont tracks renewable energy generation and compliance solely through the NEPOOL Generation Information System (NE-GIS).

Washington

Washington does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Washington tracks renewable energy generation and compliance solely through the Western Renewable Energy Generation Information System (WREGIS).

West Virginia

West Virginia does not does not have a mandatory or voluntary RPS requirement and therefore renewable energy generating facilities are not required to obtain a certification of eligibility for RPS procurement purposes.

Wisconsin

Wisconsin does not require renewable energy generating facilities to obtain a certification of eligibility for RPS procurement purposes. Wisconsin tracks renewable energy generation and compliance solely through the Midwest Renewable Energy Tracking System.

7.17 to 7.18 – Does the Project Need Any Additional Approvals?

Some states require facility approvals in addition to the approvals listed above.

Pennsylvania

In Pennsylvania, a hydropower developer may need a Limited Power Permit from the Pennsylvania Department of Environmental Protection to construct a project that uses water to produce electrical power. For more information, see:

Limited Power Permit:
7-PA-h







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