42.4.4101    ALTERNATIVE ENERGY PRODUCTION CREDIT DEFINITIONS

The following definitions apply to this subchapter:

(1) "Alternative renewable energy source" is defined in 15-6-225, MCA, and means an inexhaustible source of energy that is not in general commercial use and specifically includes:

(a) solar, wind, and geothermal energy;

(b) the conversion of biomass;

(c) fuel cells that do not require hydrocarbon fuel;

(d) small hydroelectric generators producing less than one megawatt of electricity; and

(e) methane from solid waste.

(2) "Commercial system" means a depreciable system that generates, by means of an alternative renewable energy source, electricity for the purpose of sale and includes the generating equipment, safety devices and storage components, transmission lines needed to connect with existing transmission facilities, and transmission lines needed to connect directly to the purchaser of the electricity when no other transmission facilities are available.

(3) "Net metering system" is defined in 69-8-103, MCA, and means a depreciable electrical energy generating facility with a generating capacity of 50 kilowatts or less that:

(a) is located on a customer-generator's premises;

(b) uses solar, wind, or hydropower as its fuel;

(c) operates in parallel with a public or cooperative utility's distribution facilities; and

(d) is intended primarily to offset part or all of the customer-generator's needs for electricity.

(4) "Placed in service" as referenced in 15-32-404, MCA, means the tax year the commercial system or net metering system is placed in a condition or state of readiness to generate electricity by means of an alternative renewable energy source.

History: 15-1-201, 15-30-2620, 15-31-501, 15-32-407, MCA; IMP, 15-32-402, 15-32-404, MCA; NEW, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2010 MAR p. 1407, Eff. 6/11/10.