Maintaining and enhancing hydroelectricity incentives
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(a) Definition of qualified hydroelectric facilityIn this section, the term “qualified hydroelectric facility” means a hydroelectric project that—
(1)
(A)
is licensed by the Federal Energy Regulatory Commission; or
(B)
is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.);
(2)
is placed into service before November 15, 2021; and
(3)
(A)
is in compliance with all applicable Federal, Tribal, and State requirements; or
(B)
would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section.