90-4-1202. Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1)”Ancillary services” means services or tariff provisions related to generation and delivery of electric power other than simple generation, transmission, or distribution. Ancillary services related to transmission services include energy losses, energy imbalances, scheduling and dispatching, load following, system protection, spinning reserves and nonspinning reserves, and reactive power.

(2)”Bond” means bond, note, or other obligation.

(3)”Clean renewable energy bonds” means one or more bonds issued by a governmental body pursuant to section 54 of the Internal Revenue Code, 26 U.S.C. § 54, and this part.

(4)”Commission” means the public service commission provided for in 69-1-102.

(5)”Common ownership” means the same or substantially similar persons or entities that maintain a controlling interest in more than one community renewable energy project even if the ownership shares differ between two community renewable energy projects. Two community renewable energy projects may not be considered to be under common ownership simply because the same entity provided debt or equity, or both debt and equity, to both projects.

(6)”Community renewable energy project” means an eligible renewable resource as defined in 90-4-1005 that is interconnected on the utility side of the meter in which local owners have a controlling interest and that is less than or equal to 25 megawatts in total calculated nameplate capacity.

(7)”Governing authority” means a council, board, or other body governing the affairs of the governmental body.

(8)”Governmental body” means a city, town, county, school district, consolidated city-county, Indian tribal government, or any other political subdivision of the state, however organized.

(9)”Intermittent generation resource” means a generator that operates on a limited and irregular basis due to the inconsistent nature of its fuel supply, which is primarily wind or solar power.

(10)”Internal Revenue Code” has the meaning provided in 15-30-2101.

(11)”Local owners” means:

(a)Montana residents;

(b)general partnerships of which all partners are Montana residents;

(c)business entities organized under the laws of the state that:

(i)have less than $50 million of gross revenue;

(ii)have less than $100 million of assets; and

(iii)have at least 50% of the equity interests, income interests, and voting interests owned by Montana residents;

(d)Montana nonprofit organizations;

(e)Montana-based tribal councils;

(f)Montana political subdivisions or local governments;

(g)Montana-based cooperatives other than cooperative utilities; or

(h)any combination of the individuals or entities listed in subsections (11)(a) through (11)(g).

(12)”Project” means:

(a)a facility qualifying as a “qualified project” within the meaning of section 54(d)(2) of the Internal Revenue Code, 26 U.S.C. § 54(d)(2);

(b)a community renewable energy project as defined in subsection (6); or

(c)an alternative renewable energy source as defined in 15-6-225.

(13)”Total calculated nameplate capacity” means the calculation of total nameplate capacity of the community renewable energy project and other eligible renewable resources that are:

(a)located within 5 miles of the project;

(b)constructed within the same 12-month period; and

(c)under common ownership.