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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 89
IDAHO ENERGY RESOURCES AUTHORITY ACT
67-8903. Definitions. When used in this chapter, the following terms shall have the following meanings:
(1) "Authority" means the Idaho energy resources authority created pursuant to section 67-8904, Idaho Code.
(2) "Board" means the board of directors of the authority.
(3) "Bonds" means any bonds, notes, certificates or other obligations or evidences of indebtedness issued by the authority.
(4) "Clean energy" means energy derived from biogas, biomass, hydrogen, waste heat, manufacturing process byproducts, hydroelectric, geothermal, nuclear, solar, or wind resources, or any other noncarbon dioxide emitting source.
(5) "Clean energy generation project" means:
(a) An electric generating facility or system that uses clean energy as a source of energy to generate electricity; and
(b) Battery and other energy storage facilities.
(6) "Commission" means the Idaho public utilities commission created pursuant to section 61-201, Idaho Code.
(7) "Electric cooperative" means a cooperative corporation or association that is:
(a) Organized under the provisions of section 501(c)(12) or 1381 of the Internal Revenue Code;
(b) An Idaho nonprofit corporation pursuant to chapter 30, title 30, Idaho Code; and
(c) An operating entity or successor entity thereof that owns facilities and provides electric service to customers in Idaho as of the effective date of this chapter.
(8) "Facility" means any facility necessary, used or useful in connection with the generation, transmission or distribution of electric power and energy and any clean energy generation project, in each case including but not limited to all real and personal property, fuel supplies and transportation facilities, pollution control facilities, battery and other energy storage facilities, and all equipment and improvements necessary or desirable in connection with a facility. "Facility" shall include facilities owned in whole or in part by the authority or a participating utility, including undivided ownership interests in facilities, leasehold interests in facilities and other estates, but excludes a generating facility that sells any portion of its output as a qualifying facility to a participating utility under provisions of the public utility regulatory policies act of 1978, 16 U.S.C. section 2601 et seq.
(9) "Independent power producer" means any public or private corporation that is not itself a participating utility, but which may be an affiliate of a participating utility, that develops any clean energy generation project undertaken by the authority pursuant to this chapter.
(10) "Participating utility" means, with respect to any facilities undertaken by the authority pursuant to this chapter, any public or private corporation, electric cooperative or other cooperative corporation or association, municipal corporation, political subdivision of this state or another state, state or federal agency, joint operating entity or other entity that:
(a) Owns and operates an electric utility system that provides electric services to consumers of electricity located in an existing service area within the boundaries of this state;
(b) Provides electric generation, power supply, transmission and/or ancillary and related services at wholesale to one (1) or more participating utilities described in paragraph (a) of this subsection; or
(c) Is organized or operates as a regional transmission organization covering all or any part of the state of Idaho and one (1) or more other states.
(11) "Revenues" means all receipts, purchase payments, loan repayments, lease payments, rents, fees and charges, and all other income or receipts derived by the authority from a participating utility.
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