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avoidance of environmental impacts on air, soil or water, such as the
absence of emission of any oxides of nitrogen, sulphur or carbon or of
mercury, or other gas or chemical, soot, particulate matter or other sub-
stances attributable to the Generating Facility or the compliance of the
Generating Facility or the Energy Output with the law, rules and standards
of the United Nations Framework Convention on Climate Change (the
“UNFCCC”) or the Kyoto Protocol to the UNFCCC or crediting “early
action” with a view thereto, or laws or regulations involving or adminis-
tered by the Clean Air Markets Division of the Environmental Protection
Agency or successor administrator or any state or federal entity given
jurisdiction over a program involving transferability of Environmental
Attributes and Reporting Rights.
“Environmental Incentives” means all rights, credits (including tax
credits), rebates, benefits, reductions, offsets, and allowances and entitle-
ments of any kind, howsoever entitled or named (including carbon credits
and allowances), whether arising under federal, state or local law, inter-
national treaty, trade association membership or the like arising from the
Environmental Attributes of the Generating Facility or the Energy Output
or otherwise from the development or installation of the Generating
Facility or the production, sale, purchase, consumption or use of the
Energy Output. Without limiting the forgoing, “Environmental Incentives”
includes green tags, renewable energy credits, tradable renewable certifi-
cates, portfolio energy credits, the right to apply for (and entitlement to
receive) incentives under the Self-Generation Incentive Program, the
Emerging Renewables Program, the California Solar Initiative, or other
incentive programs offered by the State of California and the right to claim
federal income tax credits under Sections 45 and/or 48 of the Internal
Revenue Code.
“Reporting Rights” means the right of private Power Provider to report to
any federal, state, or local agency, authority or other party, including
without limitation under Section 1605(b) of the Energy Policy Act of 1992
and provisions of the Energy Policy Act of 2005, or under any present or
future domestic, international or foreign emissions trading program, that
Power Provider owns the Environmental Attributes and the Environmental
Incentives associated with the Energy Output.
An example of how the Environmental Attributes, Incentives, and
Reporting Rights may be treated in an agreement is as follows:

“(a) Delegation of Attributes to Power Provider. Notwithstanding the Gener-
ating Facility’s presence as a fixture on the Site, Power Provider shall
own, and may assign or sell in its sole discretion, all right, title and
interest associated with or resulting from the development and installation