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Table 2<br />

Eligibility criteria for hydropower under the Renewable Portfolio Standard in the United States of America<br />

State<br />

Hydropower Renewable Portfolio Standard<br />

Arizona<br />

New hydropower (2006 and thereafter) is limited to 10 MW or less and may not require new dams. Incremental additional<br />

production at existing facilities (pre-1997) and hydro that balances intermittent renewables is also eligible.<br />

California<br />

In general, an eligible facility may not cause an adverse impact on instream beneficial uses or cause a change in the volume<br />

or timing of streamflow (exception for Fish Protection Act (FPA) license conditions). Eligible hydro includes:Small<br />

hydropower: Existing facilities (before 1 January 2006) of 30 MW or less under contract to a retail seller or municipal utility<br />

as of 1 January 2006 . New facilities (after 1 January 2006) of 30 MW or less, limit increased to 40 MW for a facility that is<br />

"part of a water supply or conveyance system". Conduit hydropower: Must use an existing pipe, ditch, flume, etc. Limits and<br />

existing or new distinctions are basically the same as for small hydropower above but do not contain existing contract<br />

requirements and additional details exist for conduit hydro in conjunction with a larger hydro facility.<br />

Incremental output/efficiency upgrades: Allowed without any capacity limit for facilities owned by a retail seller or municipal<br />

utility, in existence as of 1 January 2007, and improvements are made on or after 1 January 2008.<br />

Colorado<br />

Existing (as of 1 January 2005) must be 30 MW or less. New hydro must be 10 MW or less.<br />

Connecticut Only new (1 July 2003) run-of-river hydro of 5 MW or less. Must also be low-Impact hydropower.<br />

Delaware<br />

30 MW or less; must meet Delaware Department of Natural Resources and Environmental Control (DNREC) standards<br />

including Low-Impact Hydro standards.<br />

Washington D.C. No pumped-storage hydropower.<br />

Hawaii<br />

Hydropower is defined as ‘falling water’ without any clarification. All hydropower would presumably be eligible.<br />

Illinois<br />

No new dams; otherwise no specific size or other restrictions.<br />

Iowa<br />

Only ‘small’ facilities, but no explicit capacity limit. No hydropower is currently included in utilities designated capacities.<br />

Kansas<br />

Existing hydropower (as of 27 May 2009); new hydropower with a nameplate capacity of 10 MW or less.<br />

Maine<br />

Must be 100 MW or less and must meet all state’s and federal’s fish passage requirements.<br />

Maryland<br />

Less than 30 MW and there is a dam in operation as of 2004, otherwise no new dams may be built.<br />

Massachusetts New power facilities must meet environmental standards and be 25 MW or less. No new dams are eligible, but new<br />

production or incremental additions at existing dams is eligible. Pumped storage facilities are not eligible.<br />

Existing hydro facilities (12/31/1997) must meet environmental standards and be 5 MW or less. Pumped storage facilities are<br />

not eligible.<br />

Michigan<br />

Existing traditional; new run-of-river would appear to be eligible but no new dams. No size restrictions on otherwise eligible<br />

facilities.<br />

Minnesota Must be 100 MW or less.<br />

Montana<br />

Currently no new dams or di<strong>version</strong>s and hydropower must be 10 MW or less, except a facility up to 15 MW installed at an<br />

existing resevoir or irrigation system that did not have hydropower generation as of 16 April 2009 is eligible.<br />

Nevada<br />

Must be 30 MW or less. For any water impoundment, the dam must have been in existence as of 1 January 2003 and the<br />

water in a reservoir must be used exclusively for irrigation. No new impoundments or di<strong>version</strong>s are permitted.<br />

New Hampshire New renewable energy incremental production at existing facilities only; no explicit size limits but the implication would be<br />

that no new dams or impoundments are permitted.<br />

The existing small hydropower: includes only facilities placed in service prior to 1 January 2006 and facilities having met state<br />

water quality standards applicable to hydropower projects. Facilities may either be: (1) 5 MW or less and incorporate<br />

upstream and downstream diadromous fish passages approved by the Federal Energy Regulatory Commission (FERC), or (2) 1<br />

MW or less, connected to the distribution system in New Hampshire, and meet applicable FERC fish passage restoration<br />

requirements.<br />

New Jersey Must be 30 MW or less; no apparent restrictions on new dams, but must meet Department of Environmental Protection<br />

(DEP) environmental standards and minimize any impacts to the environment and to the local communities. Facilities must<br />

be located in a place where retail competition is permitted.<br />

New Mexico No detailed definition, but hydropower must be placed in service after 1 July 2007.<br />

New York<br />

The main requirements are:<br />

- No new dams or impoundments but upgrades eligible.<br />

- Any run-of-river up to 30 MW that meets low-impact criteria is eligible.<br />

Existing small hydropower: No apparent limitations on existing hydropower resources. However, in order to be eligible for<br />

financial support through the Maintenance Resources Program, a facility must be 5 MW or less, run-of-river type.<br />

North Carolina Must be 10 MW or less; new or existing facilities are eligible (primary RPS).<br />

Ohio<br />

Significant environmental restrictions, but no size limits or limits on new dams or vintage.<br />

Oregon<br />

For pre-1995 facilities, eligibility includes post-1994 efficiency upgrades and low-impact hydro up to 50 MW per utility per<br />

year for utility-owned facilities. For non-utility owned, post-1994 facilities, up to 40 MW of low-impact hydro located in<br />

Oregon that is licensed by FERC or exempt from FERC licensing requirements is eligible. For post-1994 facilities, it includes<br />

only efficiency upgrades that meet certain geographic and environmental requirements.<br />

Pennsylvania Generally hydropower facilities must be low-impact and must meet other environmental requirements, but no apparent<br />

requirements on size or limitations have been given. Supplementing this is a separate statute listing certain other low-impact<br />

hydropower facilities that qualify as Tier I. One portion of this lists a maximum capacity of 21 MW and a pre-1984 FERC<br />

license requirement.<br />

Rhode Island 30 MW or less; no new impoundments.<br />

Texas No restrictions. Double credit only for facilities certified after 1 September 2005.<br />

Washington Facility efficiency improvements after 31 March1999 and no new di<strong>version</strong>s or impoundments.<br />

Wisconsin<br />

All hydropower facilities of less than 60 MW are eligible.<br />

Source: U.S. Department of Energy, Database for State Incentives for Renewables and Efficiency 2<br />

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