BILL 59

An Act to Amend the Electricity Act

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

1 Section 136 of the Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended

(a)  by repealing subsection (1) and substituting the following:

136( 1) On and after the commencement of this subsection and for each calendar year until the year ending on December 31, 2030, the Corporation shall ensure that 40% of the total in-province electricity sales in kilowatt-hours is electricity from renewable resources.

(b)  by adding after subsection (1) the following:

136( 1.1) For the year beginning on January 1, 2031, and for each subsequent calendar year, the Corporation shall ensure that 80% of the total in-province electricity sales in kilowatt-hours is electricity from renewable resources.

2 The Act is amended by adding after section 136 the following:

Community solar program

136.1( 1) The following definitions apply in this section.

“community solar program” means a program established under subsection (2) that permits an eligible entity to generate electricity from solar energy for the eligible entity’s use and, if there is an excess of electricity generated, to sell the excess to the Corporation at a rate prescribed by regulation. (programme d’énergie solaire communautaire)

“eligible entity” means (entité admissible)

(a)  a band as defined under the Indian Act (Canada) that is located in the Province,

(b)  a local government as defined under the Local Governance Act,

(c)  a regional service commission established under the Regional Service Delivery Act, or

(d)  a partnership or limited partnership between or among any of the entities listed in paragraphs (a) to (c).

“project owner” means the eligible entity or group of eligible entities that owns and operates a facility that generates electricity under the community solar program. (propriétaire-exploitant)

136.1( 2) The Minister shall establish and maintain a community solar program that permits an eligible entity to generate electricity from solar energy for the eligible entity’s use and to sell any excess electricity to the Corporation in accordance with the conditions and requirements and at the rate prescribed by regulation.

136.1( 3) Upon receipt of an application under the community solar program, the Minister shall approve or deny the application within the time and in the manner prescribed by regulation.

136.1( 4) When the Minister approves an application under the community solar program, the rate at which the Corporation must purchase the electricity from the project owner is the rate prescribed by regulation.

136.1( 5) The Minister shall develop a power purchase agreement, in accordance with the requirements prescribed by regulation, and file it with the Board for review and approval.

136.1( 6) The Minister may issue a power purchase agreement to an approved project owner, and the Corporation is bound by the terms of the agreement.

136.1( 7) The Lieutenant-Governor in Council may make regulations

(a)  establishing a community solar program cap;

(b)  prescribing program requirements and conditions;

(c)  prescribing project limitations, including establishing the maximum generator nameplate capacity for projects under the community solar program;

(d)  establishing an application window and application requirements, review dates and processes for project owners;

(e)  prescribing the form and content of and terms and conditions required in a power purchase agreement, including how fees are charged and calculated;

(f)  respecting the sale of excess electricity from solar energy to the Corporation, including setting a rate;

(g)  prescribing duties of the Corporation with respect to the community solar program;

(h)  prescribing costs and fees;

(i)  respecting any other matter the Lieutenant-Governor in Council considers necessary or advisable for the proper administration of the community solar program.