In this chapter:
I. “Begun operation” means the date that a facility, or a capital addition thereto, for the purpose of repowering to renewable energy is first placed in service for purposes of the implementing regulations of the Internal Revenue Code of 1986, as amended.
II. “Biomass fuels” means plant-derived fuel including clean and untreated wood such as brush, stumps, lumber ends and trimmings, wood pallets, bark, wood chips or pellets, shavings, sawdust and slash, agricultural crops, biogas, or liquid biofuels, but shall exclude any materials derived in whole or in part from construction and demolition debris.
III. “Certificate” means the record that identifies and represents each megawatt-hour generated by a renewable energy generating source under N.H. Rev. Stat. § 362-F:6.
IV. [Repealed.]
V. “Customer-sited source” means a source that is interconnected on the end-use customer’s side of the retail electricity meter in such a manner that it displaces all or part of the metered consumption of the end-use customer.
VI. “Default service” means electricity supply that is available to retail customers who are otherwise without an electricity supplier as defined in N.H. Rev. Stat. § 374-F:2, I-a.
VII. “Department” means the department of environmental services.
VIII. “Eligible biomass technologies” means generating technologies that use biomass fuels as their primary fuel, provided that the generation unit:
(a) Has a quarterly average nitrogen oxide (NOx) emission rate of less than or equal to 0.075 pounds/million British thermal units (lbs/Mmbtu), and either has an average particulate emission rate of less than or equal to 0.02 lbs/Mmbtu as measured and verified under N.H. Rev. Stat. § 362-F:12 or is participating in a plan approved by the department under N.H. Rev. Stat. § 362-F:11, IV for reductions in particulate matter emissions from other emission sources comparable to the difference between the generation unit’s particulate matter emissions rate and the 0.02 lbs/Mmbtu rate; and
(b) Uses any fuel other than the primary fuel only for start-up, maintenance, or other required internal needs.
IX. “End-use customer” means any person or entity that purchases electricity supply at retail in New Hampshire from another person or entity but shall not include:
(a) A generating facility taking station service at wholesale from the regional market administered by the independent system operator (ISO-New England) or self-supplying from its other generating stations; and
(b) Prior to January 1, 2010, a customer who purchases retail electricity supply, other than default service under a supply contract executed prior to January 1, 2007.
X. “Historical generation baseline” means:
(a) The average annual electrical production from a facility other than hydroelectric, stated in megawatt-hours, for the 3 years 2004 through 2006, or for the first 36 months after the facility began operation if that date is after December 31, 2001; provided that the historical generation baseline shall be measured regardless of whether or not the emissions from the facility during the baseline period meets emissions requirements of the class.
(b) The average annual production of a hydroelectric facility from the later of January 1, 1986 or the date of first commercial operation through December 31, 2005. If the hydroelectric facility experienced an upgrade or expansion during the historical generation baseline period, actual generation for that entire period shall be adjusted to estimate the average annual production that would have occurred had the upgrade or expansion been in effect during the entire historical generation baseline period.
X-a. “Low-moderate income community solar project” means ground-mounted or rooftop solar arrays that directly benefit a group of at least 5 residential end-user customers, where at least a majority of the residential end-user customers are at or below 300 percent of the federal poverty guidelines, or directly benefit the residents of a public housing authority created pursuant to N.H. Rev. Stat. Chapter 203 or a housing project as described in N.H. Rev. Stat. § 78-B:2, XXIII, where the electric bills are either paid directly by the residents or by the public housing authority or housing project, provided that at least a majority of the residents receiving the direct benefit are at or below 80 percent of the Area Median Income (AMI) calculated by the Department of Housing and Urban Development. No more than 15 percent of the projected load for such project shall be attributable to non-residential end-user customers.
XI. “Methane gas” means biologically derived methane gas from anaerobic digestion of organic materials from such sources as yard waste, food waste, animal waste, sewage sludge, septage, and landfill waste.
XII. “New England control area” means the term as defined in ISO-New England’s transmission, markets and services tariff, FERC electric tariff no. 3, section II.
XIII. “Primary fuel” means a fuel or fuels, either singly or in combination, that comprises at least 90 percent of the total energy input into a generating unit.
XIV. “Provider of electricity” means a distribution company providing default service or an electricity supplier as defined in N.H. Rev. Stat. § 374-F:2, II, but does not include municipal suppliers that are municipal utilities pursuant to RSA 38.
XV. “Renewable energy source,” “renewable source,” or “source” means a class I, II, III, or IV source of electricity or a class I source of useful thermal energy. An electrical generating facility, while selling its electrical output at long-term rates established before January 1, 2007 by orders of the commission under N.H. Rev. Stat. § 362-A:4, shall not be considered a renewable source.
XV-a. “Useful thermal energy” means renewable energy delivered from class I sources with a total gross nameplate heating capacity of its renewable energy certificate eligible units combined, of greater than 1,000,000 btu per hour that can be metered and that is delivered in New Hampshire to an end user in the form of direct heat, steam, hot water, or other thermal form that is used for heating, cooling, humidity control, process use, or other valid thermal end use energy requirements and for which fuel or electricity would otherwise be consumed. For sources with a total gross nameplate heating capacity of its renewable energy certificate eligible units combined of 1,000,000 btu per hour or less, energy delivered shall be verified by a method that is approved by the department of energy.
XVI. “Year” means a calendar year beginning January 1 and ending December 31.