Code of Federal Regulations Title 10. Energy § 10.451.4 What is a qualified renewable energy facility

(a) Owner qualifications. The owner must be—

(b) What constitutes ownership. The owner must have all rights to the beneficial use of the renewable energy facility, and legal title must be held by, or for the benefit of, the owner.

(c) Sales affecting interstate commerce. The net electric energy generated by the renewable energy facility must be sold to another entity for consideration.

(d) Type of renewable energy sources. The source of the electric energy for which an incentive payment is sought must be a renewable energy source, as defined in § 451.2.

(e) Time of first use. The date of the first use of a newly constructed renewable energy facility, or a facility covered by paragraph (f) of this section, must occur during the inclusive period beginning October 1, 1993, and ending on September 30, 2016. For facilities whose date of first use occurred in the period October 1, 2003, through September 30, 2004, the time of first use shall be deemed to be October 1, 2004.

(f) Conversion of non-qualified facilities. Existing non-qualified facilities that are converted must meet either of the following criteria—

(g) Location. The qualified renewable energy facility must be located in a State or in U.S. jurisdictional waters.