Bill 10 - An Act to Amend the Electricity Act

BILL 10

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

“advanced small modular reactor” means an advanced small modular reactor as defined in the regulations. (petit réacteur modulaire avancé)

“clean source” means (source propre)

(a) solar energy,

(b) wind energy,

(d) ocean-powered energy,

(e) biogas energy,

(f) biomass energy,

(g) nuclear energy,

(h) sanitary landfill gas, and

(i) any other source of energy prescribed by regulation.

“large load” means a large load as defined in the regulations. (charge importante)

2 Section 69 of the Act is repealed and the following is substituted:

69( 1) The Executive Council may at any time issue directives in writing to the Corporation that must be taken into consideration by the board of directors of the Corporation.

69( 2) For the purposes of subsection (1), the most recent mandate letter provided to the Corporation by the Minister under section 3 of the Accountability and Continuous Improvement Act is deemed to be a directive in writing issued by the Executive Council.

3 Subsection 72(1) of the Act is amended by striking out “Subject to this section” and substituting “Subject to this section and to section 72.1”.

4 The Act is amended by adding after section 72 the following:

Sale of electricity from a clean source by a generation facility

72.1 When a generation facility belongs to a person other than the Corporation, the generation facility may sell or supply electricity it generates from a clean source to a consumer within the Province if

(a) the generation facility and the consumer are both connected to the Corporation’s transmission system,

(b) all or a portion of the electricity is used by the consumer for

( i) the production of ammonia,

( ii) the production of hydrogen, or

( iii) any other purpose prescribed by regulation, and

5 Section 91 of the Act is amended by adding after subsection (2) the following:

91( 3) A distribution electric utility shall not extend its supply of electricity to a cryptocurrency mining business.

91( 4) Subsection (3) does not apply to a cryptocurrency mining business that has entered into a contract on or before the coming into force of this section for the supply of electricity by a distribution electric utility.

6 Paragraph 117.23(d) of the Act is amended by striking out “mandate letter provided to the Corporation by the Minister” and substituting “mandate letter provided to the Corporation by the Minister under section 3 of the Accountability and Continuous Improvement Act”.

7 The Act is amended by adding after section 137 the following:

Electricity generated by advanced small modular reactors

137.1( 1) The Corporation shall ensure that a portion of the electricity that it obtains is generated by not more than two advanced small modular reactors.

137.1( 2) The maximum price, expressed per megawatt-hour of electricity, that the Corporation may pay for the electricity under subsection (1) shall be set by regulation.

8 Subsection 142(1) of the Act is amended

(a) by adding after paragraph (e.1) the following:

(e.2) prescribing other purposes for the purposes of section 72.1;

(b) by adding after paragraph (o) the following:

(o.1) setting the maximum price, expressed per megawatt-hour of electricity, for the purposes of subsection 137.1(2);

(q.1) prescribing other sources of energy for the purposes of the definition “clean source” in section 1;

(d) in paragraph (s) by striking out “defining “distributed generation”, “net metering” and “qualifying costs” ” and substituting “defining “advanced small modular reactor”, “bulk power system”, “distributed generation”, “large load”, “net metering” and “qualifying costs” ”.

Commencement

9 Section 7 of this Act comes into force on a day to be fixed by proclamation.