Sec. 14.26.06.04. Qualifying Facilities

A. Qualifying facilities may generate electricity from:

(1) Wind;

(2) Closed loop biomass;

(3) Open-loop biomass;

(4) Geothermal energy;

(5) Solar energy;

(6) Small irrigation power;

(7) Municipal solid waste; and

(8) Qualified hydropower production.

B. Biomass facilities may utilize:

(1) Any solid, nonhazardous, cellulosic waste material that is segregated from other waste materials and is derived from any of the following forest-related resources:

(a) Mill residues;

(b) Forest thinnings;

(c) Slash; or

(d) Brush;

(2) Waste pallets, crates, and dunnage and landscape or right-of-way trimmings;

(3) Agricultural sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop byproducts or residues; or

(4) Methane gas or other combustible gases resulting from the decomposition of organic materials from an agricultural operation, or from a landfill or wastewater treatment plant using one or a combination of the following processes:

(a) Anaerobic decomposition; or

(b) Thermal decomposition.

C. Biomass facilities may not use:

(1) Old growth timber; or

(2) Mill residues consisting of sawdust or wood shavings.

D. Although it may use an alternative fuel source as a backup during emergencies or routine maintenance, a qualified Maryland facility shall produce electricity using a qualified energy resource as its primary source of generation.