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[Note: On December 2, 2011, the Director (1) determined that it was not necessary or appropriate, under current conditions, for DEQ to develop a PBR regulation for renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power and (2) directed a re-evaluation of the potential need for a PBR regulation concerning these water related renewable energy resources in 2014, or sooner if circumstances or public requests so indicate. DEQ completed the re-evaluation and on November 6, 2014, the Director (1) determined that it is not necessary, or appropriate, to develop a PBR and (2) that directed a re-evaluation of the need for a PBR in 2019, or sooner if circumstances or public requests so indicate. On February 28, 2020, the DEQ completed the re-evaluation and the Director (1) determined that it is still not necessary, or appropriate, to develop a PBR at the present time for small renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power and (2) requested staff to advise him if technical developments or changes to federal or state law occur that would warrant the re-evaluation of the need for the development a PBR for small renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power.
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