BILL 5

Green Jobs Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

INTERPRETATION AND PURPOSE

Definitions

1              The following definitions apply in this Act.

“Board” means the Board of Directors of Renew New Brunswick Inc.

 (Conseil)

“Committee” means the Advisory Committee of Renew New Brunswick Inc.

 (Comité)

“Crown corporation” means a wholly owned federal or provincial organization structured like private or independent companies.

 (société d’État)

“energy efficiency sector” means those enterprises that employ people and apply resources in an effort to reduce the energy consumption of buildings, technologies, and transportation.

 (secteur de l’efficacité énergétique)

“fossil fuel” means crude oil, diluted bitumen, coal or natural gas.

 (combustible fossile)

“hybrid vehicle” means a vehicle that draws propulsion energy from on-board sources of stored energy that are both

(a)        an internal combustion or heat engine using combustible fuel; and

(b)        a rechargeable energy storage system.

 (véhicule hybride)

“Minister” means the Minister of Energy and Mines. (ministre)

“primary energy demand” means the provincial demand for energy before it is transformed or converted to provide electricity or fuel for heating and transport. (demande d’énergie primaire)

“public transportation sector” means those enterprises and organizations that supply the products and services that provide shared passenger transportation services for the public including vans, buses, trams, rail, and ferries.

 (secteur du transport collectif)

“renewable energy” means energy from a source that is not depleted when used, such as the sun, biomass, geothermal, flowing water, tides, and wind.

 (énergie renouvelable)

“renewable energy sector” means those enterprises that design, manufacture, install, operate, and service renewable energy technologies and associated hardware, software and transmission infrastructure.

 (secteur de l’énergie renouvelable)

Purpose of Act

2              The purposes of this Act are

(a)        to create jobs that reduce New Brunswick’s dependence on fossil fuels; and

(b)        to strengthen New Brunswick’s local economies.

PART 2

RENEW NEW BRUNSWICK INC.

Establishment of Renew New Brunswick Inc.

3              There is established a Crown corporation, without share capital, to be known as Renew New Brunswick Inc. consisting of those persons who compose the Board referred to in section 5.

Objectives and purposes

4              The objects and purposes of Renew New Brunswick Inc. are as follows:

(a)        to promote and develop jobs in the renewable energy, energy efficiency and public transportation sectors; and

(b)        to invest in renewable energy, energy efficiency and public transportation.

BOARD OF DIRECTORS

Composition of the Board of Directors

5(1)          The Minister shall establish the Renew New Brunswick Inc. Board of Directors.

5(2)          The members of the Board shall be appointed by the Lieutenant-Governor in Council and shall consist of eight individuals, representing the:

(a)        Department of Energy and Mines, who will serve as a chairperson;

(b)        Opportunities NB, who will serve as a vice--chairperson;

(c)        Jobs Board;

(d)        Department of Post-Secondary Education, Training and Labour;

(e)        New Brunswick Community College;

(f)         College Communautaire du Nouveau-Brunswick;

(g)        National Research Council; and

(h)        New Brunswick Innovation Foundation.

Terms of Office

6(1) A member of the Board referred to in subsection 5(2) shall be appointed for a term not exceeding three years and may be reappointed for one additional term.

6(2)          The members of the Board shall serve without compensation, but each individual shall be entitled to reimbursement for his or her actual and necessary expenses incurred in the performance of his or her official duties.

Meetings and Quorum

7(1)          A majority of the members of the Board constitutes a quorum.

7(2)          Decisions of the Board are to be made by majority vote of the members present.

7(3)          The Board shall meet at least four times per year.

Role of the Board of Directors

8              The Board shall have all powers necessary

(a)        for the governance of its affairs and the conduct of its business; and

(b)        to review and recommend changes in legislation, regulation, programs and policies to achieve the purposes of this Act.

ADVISORY COMMITTEE

Composition of the Advisory Committee

9(1)          The Minister shall establish the Renew New Brunswick Inc. Advisory Committee.

9(2)          The members of the Committee shall be appointed by the Minister and shall consist of nine individuals with expertise in the renewable energy, energy efficiency and public transportation sectors.

Role of the Advisory Committee

10            The purpose of the Committee is to provide policy and strategic advice to Renew New Brunswick Inc.

PART 3

GREEN ECONOMY TARGETS

Primary Targets

11            Within 12 months of this Act coming into force, the Board shall, in consultation with the Committee, recommend targets, in relation to primary energy demand, to be adopted by the Lieutenant-Governor in Council.

Secondary Targets

12(1)        The Minister responsible for Service New Brunswick shall establish targets for the procurement of electric, hybrid and zero-emission vehicles.

12(2)        The Minister of Transportation and Infrastructure shall ensure that the construction of new buildings and renovations undertaken for the provincial government, whose cost exceeds $25,000, comply with the Province of New Brunswick Green Building Policy for New Construction & Major Renovation Projects.

PART 4

REGULATIONS

13            The Lieutenant-Governor in Council may make regulations governing:

(a)        the powers and duties of the Board established under section 5;

(b)        the administration and operation of the Committee established under section 9;

(c)        the development of targets under sections 11 and 12;

(d)        any other matter the Lieutenant-Governor in Council considers necessary or advisable for the purposes of this Act.

PART 5

TRANSITIONAL PROVISIONS AND COMMENCEMENT

ELECTRICITY ACT

Standard Offer Program, Net Metering, Integrated Resource Plans

14 Section 1 of the Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended by adding the following definition in alphabetical order:

“standard offer program” means a program that requires the Corporation to purchase renewable electricity from projects in New Brunswick with a capacity of 10 MW or less at a fixed price above wholesale market value and with standard contract terms and conditions. (programme de contrat normalisé)

15 Paragraph 100(1)(b) of the Act is amended by adding “wherein electric resource needs shall first be met through all available energy efficiency and demand reduction resources that are cost effective or less expensive than supply” after “chosen for implementation”.

16 The Act is amended by repealing subparagraph 142(1)(l)(iii) and substituting the following:

(iii)   setting the purchase price through a standard offer program for electricity obtained from renewable resources,

17 The Act is amended by repealing clause 142(1)(l)(iv)(B) and substituting the following:

(B)       rules regarding net metering wherein at the end of the fiscal year, ratepayers will be compensated for unclaimed energy credits at a rate to be determined, and

Commencement

18 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.