104 STAT. 2834 PUBLIC LAW 101-575 —NOV. 15, 1990 Public Law 101-575 101st Congress An Act Nov. 15, 1990 [H.R. 4808] Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990. 16 USC 791a note. 16 USC 824a-3. 16 USC 796. To encourage solar, wind, waste, and geothermal power production by removing the size limitations contained in the Public Utility Regulatory Policies Act of 1978. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Solar, Wind, Waste, and Greothermal Power Production Incentives Act of 1990". SEC. 2. PURPA AMENDMENT. Section 210(e)(2) of the Public Utility Regulatory Policies Act of 1978 is amended by inserting "(other than a qualifying small power production facility which is an eligible solar, wind, waste, or geothermal facility as defined in section 3(17XE) of the Federal Power Act)" after "facility" where it first appears. SEC. 3. FEDERAL POWER ACT AMENDMENTS. (a) Section 3(17XA) of the Federal Power Act is amended by inserting "a facility which is an eligible solar, wind, waste, or geothermal facility, or" after " 'small power production facility' means". (b) Section 3(17) of such Act is further amended by inserting at the end thereof the following new subparagraph: "(E) 'el^ble solar, wind, waste or geothermal facility' means a facility which produces electric energy solely by the use, as a primary energy source, of solar energy, wind energy, waste resources or geothermal resources, and which would otherwise not qualify as a small power production facility because of the power production capacity limitation contained in subparagraph (A)(ii); but only if— "(i) either of the following is submitted to the Commission not later than December 31, 1994: "(I) an application for certification of the facility as a qualifying small power production facility; or "(II) notice that the facility meets the requirements for qualification; and "(ii) construction of such facility commences not later than December 31, 1999, or, if not, reeisonable diligence is exercised toward the completion of such facility taking into account all factors relevant to construction of the facility.". 16 USC 796 note. SEC. 4. FERC REGULATIONS. Unless the Federal Energy Regulatory Commission otherwise specifies, by rule after enactment of this Act, any eligible solar, wind, waste, or geothermal facility (as defined in section 3(17XE) of the Federal Power Act as amended by this Act), which is a qualify-
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