2020 Legislative Session: 5th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE BRUCE RALSTON

MINISTER OF ENERGY, MINES AND PETROLEUM RESOURCES

BILL 17 – 2020

CLEAN ENERGY AMENDMENT ACT, 2020

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Clean Energy Act,

section 1] amends, adds and repeals

definitions.

Section 1 (1) of the Clean Energy Act, S.B.C. 2010, c. 22, is amended

(

a) in the definition of "acquire" by striking out " used in relation to the authority " and substituting " in sections 7, 12 and 15 ",

(

b) by adding the following

definitions:

"clean electricity" means electricity

(

a) generated from a clean resource, or

(

b) deemed under the regulations to be clean electricity;

"clean resource" means a prescribed resource;

"compliance period" means a prescribed period; ,

(

c) by repealing the definition of "electricity self-sufficiency" , and

(

d) by adding the following

definitions:

"grid-connected customer" means a person in British Columbia who receives service through a direct or indirect

connection to the British Columbia electrical transmission grid, other than a person

in the Northern Rockies Regional Municipality;

"regulated person" means

(

a) the authority,

(

b) a prescribed public utility or class of public utilities, or

(

c) a prescribed person or class of persons who deliver electricity to grid-connected customers; .

SECTION 2: [Clean Energy Act,

section 2] removes objectives from and adds an objective to British Columbia's energy objectives.

Section 2 is amended

(

a) by repealing paragraphs (

a) and (n), and

(

b) by adding the following paragraph:

(

q) to serve grid-connected customers with clean electricity.

SECTION 3: [Clean Energy Act,

section 6] removes the requirement for the authority to achieve electricity self-sufficiency.

Section 6 is repealed.

SECTION 4: [Clean Energy Act,

section 8] is consequential to the repeal by this Bill of

section 6 of the Act.

Section 8 (1) is repealed and the following substituted:

(1) In setting rates under the Utilities Commission Act for the authority, the commission must ensure that the rates allow the authority

to collect sufficient revenue in each fiscal year to enable the authority to recover

its costs incurred with respect to a project, program, contract or expenditure referred

to in

section 7 (1).

SECTION 5: [Clean Energy Act, sections 19.1 to 19.4]

establishes a requirement for regulated persons to comply with prescribed requirements respecting the generation and acquisition of clean electricity to meet the demand of grid-connected customers;

establishes a requirement for regulated persons to prepare and submit a report to the minister respecting electricity generated, acquired and delivered during each compliance period;

establishes authority for regulated persons to request information about the resources used to generate electricity;

establishes a requirement for the minister to publish a report respecting the generation, acquisition and delivery of clean electricity in each compliance period.

5 The following sections are added to

Part 5:

Clean electricity standard

19.1 To facilitate the achievement of British Columbia's energy objective set out in

section 2 (q), a regulated person must, in each compliance period, comply with the prescribed requirements respecting the generation and acquisition of clean electricity to meet the electricity demand of the regulated person's grid-connected customers in the compliance period.

Clean electricity compliance reports

19.2

(1) A regulated person must, for each compliance period, prepare a report respecting all of the following matters:

(

a) the amount of electricity generated by the regulated person during the compliance period, including

(

i) the amount of clean electricity, and

(ii) the amount of electricity that was not clean electricity;

(

b) the amount of electricity acquired by the regulated person during the compliance period, including

(

i) the amount of clean electricity, and

(ii) the amount of electricity that was not clean electricity;

(

c) the amount of electricity delivered by the regulated person during the compliance

period to the regulated person's grid-connected customers;

(

d) the amount of electricity delivered by the regulated person during the compliance

period for export to persons outside of British Columbia, including

(

i) the amount of clean electricity, and

(ii) the amount of electricity that was not clean electricity;

(

e) any other prescribed matters.

(2) A report under this

section must be prepared, verified and submitted to the minister in accordance with the regulations, if any.

Requirement to provide information respecting resources used to generate electricity

19.3

(1) At any time, a regulated person may request from a person who delivers electricity to the regulated person information respecting the resources from which the electricity was generated.

(2) A person who receives a request under subsection (1) must, within 30 days of receiving the request, provide the information requested by the regulated person.

Annual report on delivery of clean electricity

19.4 For each compliance period, the minister must publish a report respecting the information received by the minister in the reports submitted under

section 19.2.

SECTION 6: [Clean Energy Act,

section 35] is consequential to the repeal by this Bill of

section 6 of the Act.

Section 35 (a), (

c) and (

i) is repealed.

SECTION 7: [Clean Energy Act,

section 36] authorizes the minister to make different regulations in relation to different resources.

Section 36 (1) (

c) is amended by striking out " things, decisions " and substituting " things, resources, decisions ".

SECTION 8: [Clean Energy Act,

section 37]

adds authority for the minister to make regulations for the purposes of the

definitions of "clean electricity", "clean resource", "compliance period" and "regulated person";

is consequential to the repeal by this Bill of

section 6 of the Act;

expands the minister's powers to make regulations.

Section 37 is amended

(

a) by adding the following paragraphs:

(a.1) for the purposes of the definition of "clean electricity" in

section 1 (1),

deeming electricity delivered under any of the following to be clean electricity:

(

i) a specified contract or class of contracts;

(ii) a specified rate or class of rates;

(iii) a specified international agreement;

(a.2) a regulation made under paragraph (a.1) may prescribe that of the electricity

delivered, a specified percentage is deemed to be clean electricity;

(a.3) prescribing resources for the purposes of the definition of "clean resource" in

section 1 (1);

(a.4) prescribing a period for the purposes of the definition of "compliance period" in

section 1 (1);

(a.5) prescribing public utilities, classes of public utilities, persons and classes of persons for the purposes of the definition of "regulated person" in

section 1 (1); ,

(

b) in paragraph (

c) by striking out " sections 6 and 13 " and substituting "

section 13 ", and

(

c) by adding the following paragraphs:

(

j) prescribing requirements for the purposes of

section 19.1;

(

k) prescribing matters that must be addressed in a report prepared under

section 19.2 (1);

(

l) for the purposes of

section 19.2 (2), prescribing requirements respecting the

preparation, verification and submission of reports, including, without limitation,

the following:

(

i) respecting the form and content of reports;

(ii) respecting who may conduct verifications;

(iii) respecting the conduct of verifications;

(iv) requiring reports or statements in relation to verifications, and respecting

the form and content of those reports and statements;

(

v) respecting the dates by which reports must be submitted to the minister.

SECTION 9: [Clean Energy Act,

Schedule 1] removes Burrard Thermal from the list of heritage assets in

Schedule 1 to the Act.

Schedule 1 is amended by striking out " Burrard Thermal ".

Transitional Provision

Transition – recovery of authority's costs to achieve electricity self-sufficiency

SECTION 10: [Transition – recovery of authority's costs to achieve electricity self-sufficiency] requires the British Columbia Utilities Commission to enable the British Columbia Hydro and Power Authority to continue to recover its costs incurred to achieve electricity

self-sufficiency.

10 In setting rates under the Utilities Commission Act for the authority as defined by that Act, the commission as defined by that Act must ensure that the rates allow the authority to collect sufficient revenue in each fiscal year to enable the authority to recover its costs incurred in complying with

section 6 of the Clean Energy Act as that

section read before its repeal by

section 3 of this Act.

Consequential Amendments

Utilities Commission Act

SECTION 11: [Utilities Commission Act, various sections] is consequential to the repeal by this Bill of

section 6 of the Clean Energy Act and the addition by this Bill of

section 19.1 to the Clean Energy Act .

11 Sections 44.1 (8) (b), 44.2 (5) (c), 46 (3.1) (

c) and 71 (2.1) (

c) and (2.5) (

c) of the Utilities Commission Act, R.S.B.C. 1996, c. 473, are amended by striking out

" sections 6 and 19 of the Clean Energy Act " and substituting " sections 19 and 19.1 of the Clean Energy Act ".

SECTION 12: [Utilities Commission Act, various sections] is consequential to the addition by this Bill of

section 19.1 to the Clean Energy Act .

12 Sections 44.2 (5.1) (c), 46 (3.3) (

c) and 71 (2.21) (

c) and (2.51) (

c) are amended

by striking out "

section 19 of the Clean Energy Act " and substituting " sections 19 and 19.1 of the Clean Energy Act ".

Commencement

13 This Act comes into force on the date of Royal Assent.

Explanatory Notes

SECTION 1: [Clean Energy Act,

section 1] amends, adds and repeals

definitions.

SECTION 2: [Clean Energy Act,

section 2] removes objectives from and adds an objective to British Columbia's energy objectives.

SECTION 3: [Clean Energy Act,

section 6] removes the requirement for the authority to achieve electricity self-sufficiency.

SECTION 4: [Clean Energy Act,

section 8] is consequential to the repeal by this Bill of

section 6 of the Act.

SECTION 5: [Clean Energy Act, sections 19.1 to 19.4]

establishes a requirement for regulated persons to comply with prescribed requirements respecting the generation and acquisition of clean electricity to meet the demand of grid-connected customers;

establishes a requirement for regulated persons to prepare and submit a report to the minister respecting electricity generated, acquired and delivered during each compliance period;

establishes authority for regulated persons to request information about the resources used to generate electricity;

establishes a requirement for the minister to publish a report respecting the generation, acquisition and delivery of clean electricity in each compliance period.

SECTION 6: [Clean Energy Act,

section 35] is consequential to the repeal by this Bill of

section 6 of the Act.

SECTION 7: [Clean Energy Act,

section 36] authorizes the minister to make different regulations in relation to different resources.

SECTION 8: [Clean Energy Act,

section 37]

adds authority for the minister to make regulations for the purposes of the

definitions of "clean electricity", "clean resource", "compliance period" and "regulated person";

is consequential to the repeal by this Bill of

section 6 of the Act;

expands the minister's powers to make regulations.

SECTION 9: [Clean Energy Act,

Schedule 1] removes Burrard Thermal from the list of heritage assets in

Schedule 1 to the Act.

SECTION 10: [Transition – recovery of authority's costs to achieve electricity self-sufficiency] requires the British Columbia Utilities Commission to enable the British Columbia Hydro and Power Authority to continue to recover its costs incurred to achieve electricity self-sufficiency.

SECTION 11: [Utilities Commission Act, various sections] is consequential to the repeal by this Bill of

section 6 of the Clean Energy Act and the addition by this Bill of

section 19.1 to the Clean Energy Act .

SECTION 12: [Utilities Commission Act, various sections] is consequential to the addition by this Bill of

section 19.1 to the Clean Energy Act .

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c) Queen's Printer, Victoria, British Columbia, Canada