Federal law counts burning garbage as renewable power, California law does not

Two real laws each define what counts as renewable power in the United States, and only one of them puts burning garbage on the list. Renewable sources supplied 24% of United States electricity generation in 2025.

24%2of United States electricity generation came from renewable sources in 2025
94technologies named as qualified renewable resources by the federal tax credit law
30 megawatts3the small hydropower size limit named in California, Connecticut and Maryland law

Two laws, one technology, two different answers

A power plant that burns garbage for electricity earns a federal tax credit meant for renewable energy. In California, the same activity does not count toward the state law that requires power companies to buy renewable electricity. Both rules are real, both apply right now, and both are correct on their own terms, because a federal tax law and a state purchase requirement are answering 2 different questions.

What counted toward 24% in 2025

Renewable sources supplied 24% of United States electricity generation in 2025, reports the Energy Information Administration. Natural gas supplied 41%, coal 17%, and nuclear power 18%. No law in this article counts nuclear power as renewable, though some state clean energy standards count it as a separate clean category without calling it renewable. Inside the 24% renewable share, wind supplied 11%, solar power 7%, hydropower 6% and biomass 1%. Geothermal energy supplied under 1% and is too small to show as its own bar.

United States electricity generation by source, 2025Renewables, totalOther sources
01020304041Naturalgas24Renewablestotal18Nuclear17Coal% of United States electricity generation

Renewables, natural gas, coal and nuclear power add up to 100% of United States electricity generation in 2025.

Source 2.

Show the numbers
Natural gas41
Renewables total24
Nuclear18
Coal17
Renewable sources inside the 24%, United States electricity generation, 2025
Wind11Solar, photovoltaic and thermal combined7Hydropower6Biomass1036912% of United States electricity generation

Geothermal energy supplied under 1% of United States electricity generation in 2025 and is too small to show as its own bar.

Source 2.

Show the numbers
Wind11
Solar, photovoltaic and thermal combined7
Hydropower6
Biomass1

The 9 technologies the federal tax credit names

26 United States Code Section 45 funds a federal tax credit for producing renewable electricity, and it names 9 technologies as qualified energy resources. Wind. Biomass grown specifically to be burned for electricity, called closed loop biomass. Biomass from existing plant material, called open loop biomass. Geothermal energy, heat drawn from underground. Solar energy. Small irrigation power. Municipal solid waste, meaning burning garbage for electricity. Qualified hydropower production, meaning added power at an existing dam or new power at a dam that never generated electricity before. Marine and hydrokinetic energy, power drawn from waves, tides and currents, that excludes anything using a dam. Nuclear power is not on this list.

California draws the line differently

Public Utilities Code Section 399.12 of California is the law behind the state renewable portfolio standard, the requirement that power companies buy a growing share of renewable electricity. It states plainly that a facility burning municipal solid waste is not considered an eligible renewable energy resource, with one exception for a plant in Stanislaus County that was already operating before September 1996. So the same activity, burning garbage for electricity, earns a federal tax credit under 1 law and gets refused under another law in the same country. The federal text reflects amendments effective July 4, 2025. The California law was last amended effective January 1, 2017.

A size limit for hydropower, not a ban

State law also caps the size of a dam that can count as renewable, not hydropower as a whole. California caps an existing small hydroelectric facility at 30 megawatts or less, and sets a separate 40 megawatt limit for a small hydroelectric unit built into an existing water supply system. Connecticut caps eligible hydropower at 30 megawatts. The Tier 1 renewable category in Maryland includes a small hydroelectric plant under 30 megawatts. A dam producing more power than these limits allow does not count as renewable under any of these 3 state laws.

State law caps on small hydropower size, to qualify as renewable
California, an existing small hydroelectric facility30Connecticut, eligible hydropower30Maryland, Tier 1 small hydroelectric plant30California, a unit built into an existing water supply system40010203040megawatts, the capacity limit to qualify

Source 3.

Show the numbers
California, an existing small hydroelectric facility30
Connecticut, eligible hydropower30
Maryland, Tier 1 small hydroelectric plant30
California, a unit built into an existing water supply system40

Sources

  1. Renewable energy explained. U.S. Energy Information Administration. Published 2024-09-13. Accessed 2026-09-03.
  2. Electricity in the U.S.. U.S. Energy Information Administration. Accessed 2026-09-03.
  3. State Renewable Portfolio Standards and Goals. National Conference of State Legislatures. Published 2021-08-13. Accessed 2026-09-03.
  4. 26 U.S. Code Section 45, electricity produced from certain renewable resources, etc. United States Code, via Cornell Law School Legal Information Institute. Published 2025-07-04. Accessed 2026-09-03.
  5. California Public Utilities Code Section 399.12, definitions. California Legislative Information. Published 2017-01-01. Accessed 2026-09-03.

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