15-32-102. Definitions. As used in this part, the following definitions apply:
     (1) "Alternative energy system" means the generation system or equipment used to convert energy sources into usable sources using fuel cells that do not require hydrocarbon fuel, geothermal systems, low emission wood or biomass, wind, photovoltaics, geothermal, small hydropower plants under 1 megawatt, and other recognized nonfossil forms of energy generation.
     (2) "Building" means:
     (a) a single or multiple dwelling, including a mobile home or manufactured home; or
     (b) a building used for commercial, industrial, or agricultural purposes that is enclosed with walls and a roof.
     (3) "Capital investment" means any material or equipment purchased and installed in a building or land with or without improvements.
     (4) "Energy conservation purpose" means one or both of the following results of an investment:
     (a) reducing the waste or dissipation of energy; or
     (b) reducing the amount of energy required to accomplish a given quantity of work.
     (5) "Geothermal system" means a system that transfers energy either from the ground, by way of a closed loop, or from ground water, by way of an open loop, for the purpose of heating or cooling a residential building.
     (6) "Low emission wood or biomass combustion device" means a noncatalytic stove or furnace that:
     (a) (i) is specifically designed to burn wood pellets or other nonfossil biomass pellets; and
     (ii) has a particulate emission rate of less than 4.1 grams per hour when tested in conformance with the standard method for measuring the emissions and efficiencies of residential wood stoves, as adopted by the department of environmental quality pursuant to 15-32-203; or
     (iii) has an air-to-fuel ratio of 35 to 1 or greater when tested in conformance with the standard method for measuring the air-to-fuel ratio and minimum achievable burn rates for wood-fired appliances, as adopted by the department of environmental quality pursuant to 15-32-203; or
     (b) burns wood or other nonfossil biomass and has a particulate emission rate of less than 4.1 grams per hour when tested in conformance with the standard method for measuring the emissions and efficiencies of residential wood stoves, as adopted by the department of environmental quality pursuant to 15-32-203.
     (7) "Passive solar system" means a direct thermal energy system that uses the structure of a building and its operable components to provide heating or cooling during the appropriate times of the year by using the climate resources available at the site. It includes only those portions and components of a building that are expressly designed and required for the collection, storage, and distribution of solar energy and that are not standard components of a conventional building.
     (8) "Recognized nonfossil forms of energy generation" means:
     (a) a system that captures energy or converts energy sources into usable sources, including electricity, by using:
     (i) solar energy, including passive solar systems;
     (ii) wind;
     (iii) solid waste;
     (iv) the decomposition of organic wastes;
     (v) geothermal;
     (vi) fuel cells that do not require hydrocarbon fuel; or
     (vii) an alternative energy system;
     (b) a system that produces electric power from biomass or solid wood wastes; or
     (c) a small system that uses water power by means of an impoundment that is not over 20 acres in surface area.

     History: En. 84-7402 by Sec. 2, Ch. 548, L. 1975; R.C.M. 1947, 84-7402; amd. Sec. 1, Ch. 652, L. 1979; amd. Sec. 1, Ch. 513, L. 1985; amd. Sec. 16, Ch. 83, L. 1989; amd. Sec. 2, Ch. 467, L. 1991; amd. Sec. 1, Ch. 646, L. 1991; amd. Sec. 41, Ch. 418, L. 1995; amd. Sec. 74, Ch. 42, L. 1997; amd. Sec. 20, Ch. 200, L. 1997; amd. Sec. 9, Ch. 591, L. 2001.