BILL 33
An Act to Amend the Clean
Environment Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection
15.3(4) of the Clean Environment Act, chapter C-6 of the Revised Statutes,
1973, is amended by adding after paragraph (g) the following:
(g.1) subject to the provisions of this or any
other Act and to the provisions of regulations made under this or
any other Act, construct, own and operate a generation facility,
2 The
Act is amended by adding after section 15.9 the following:
Definitions
15.91 The
following definitions apply in paragraph 15.3(4)(g.1)
and sections 15.92 to 15.95.
“distribution electric utility”
has the same meaning as in the Electricity
Act. (entreprise de distribution d’électricité)
“distribution system” has the
same meaning as in the Electricity
Act. (réseau de distribution)
“generation facility” has the
same meaning as in the Electricity
Act. (installation de production)
Generation of electricity
15.92(1)
A regional solid waste commission may construct, own and operate a
generation facility and may use the electricity for its own purposes
or sell it to a distribution electric utility or another person, but
shall not own or operate a distribution system.
15.92(2)
For the purposes of subsection (1), a regional solid waste commission
may enter into an agreement, subject to the regulations, if any, with
respect to
(a) the joint acquisition, transfer, ownership,
management, establishment, repair, operation, alteration or extension
of a generation facility,
(b) the costs of construction and operation
of a generation facility that may be shared by the parties to the
agreement, and
(c) the use or sale of the electricity generated
by a generation facility.
Generation facility fund
15.93 A
regional solid waste commission that constructs, owns or operates
a generation facility shall establish a generation facility fund.
Accounting and auditing
requirements of the operations of a generation facility
15.94(1)
A regional solid waste commission that operates a generation facility
shall make provision for revenues so as to produce an annually balanced
budget with respect to the operation of all of its generation facilities.
15.94(2)
If the proceeds from the operation of its generation facilities are
insufficient to produce a balanced budget as provided for under subsection
(1), the regional solid waste commission may make, by resolution of
the commission, a charge against other operating funds of the regional
solid waste commission.
15.94(3)
If a regional solid waste commission has a deficit at the end of its
fiscal year with respect to the operation of its generation facilities,
it shall cause the deficit to be debited against the commission’s
budget with respect to the operation of its facilities for the second
next ensuing year.
15.94(4)
If a regional solid waste commission has a surplus at the end of its
fiscal year with respect to the operation of its generation facilities,
it shall cause the surplus to be credited to the commission’s
budget with respect to the operation of its facilities for the second
next ensuing year.
15.94(5)
A regional solid waste commission may transfer some or all of any
audited surplus of the generation facility fund to other operating
funds of the regional solid waste commission by resolution of the
commission, commencing with the second next ensuing year.
Reserve funds
15.95 With
respect to its ownership or operation of its generation facilities,
a regional solid waste commission may establish, manage and contribute
to, in accordance with the regulations,
(a) an operating reserve fund, and
(b) a capital reserve fund.
3 Section
32 of the Act is amended by adding after paragraph (f.9) the following:
(f.91) respecting agreements under subsection 15.92(2), including the sharing of the
cost and other matters related to the construction, ownership or operation
of a generation facility and the use or sale of the electricity generated;
4 This Act comes into force on a day to be
fixed by proclamation.