Bill Summary for S 678 (2023-2024)

Printer-friendly: Click to view

Summary date: 

Apr 13 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 678 (Public) Filed Thursday, April 6, 2023
AN ACT TO (I) DEFINE "CLEAN ENERGY," WHICH INCLUDES "RENEWABLE ENERGY" AND NUCLEAR AND FUSION ENERGY; (II) ELIMINATE LANGUAGE IMPEDING CPCN ISSUANCE FOR NUCLEAR FACILITIES; (III) MODIFY CLOSURE DEADLINES FOR CERTAIN COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (IV) MODIFY APPLICATIONS FEES FOR DAM CONSTRUCTION, REPAIR, ALTERATION, OR REMOVAL UNDER THE DAM SAFETY ACT; (V) REQUIRE APPROVAL BY THE LOCAL GOVERNMENT COMMISSION FOR LOCAL GOVERNMENTS TO ENTER INTO AGREEMENTS TO CEDE OR TRANSFER CONTROL OVER A PUBLIC ENTERPRISE TO A NONGOVERNMENTAL ENTITY; (VI) PROHIBIT LOCAL GOVERNMENTS FROM ENTERING NONDISCLOSURE AGREEMENTS IN ORDER TO RESTRICT ACCESS TO PUBLIC RECORDS SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS ACT; AND (VII) ESTABLISH EMPLOYEE CLASSIFICATION AND COMPENSATION EXEMPTIONS FOR THE UTILITIES COMMISSION AND PUBLIC STAFF.
Intro. by P. Newton, B. Newton, Craven.

View: All Summaries for BillTracking:

Bill summary

Amends GS 62-133.8 concerning the Renewable Energy and Energy Efficiency Portfolio Standard by changing the term to Clean Energy and Energy Efficiency Portfolio Standard (CEPS) and making the following changes. Changes the term "renewable energy resource" to "clean energy resource" and amends the definition of the term so that it also includes nuclear energy resources, including an uprate to a nuclear energy facility, and fusion energy. Amends all terms as they are used in the statute to refer to "clean energy" instead of "renewable energy," including "clean energy facilities" and "clean energy certificate." Adds and defines the term fusion, meaning a reaction in which at least one heavier, more stable nucleus is produced from two lighter, less stable nuclei, typically through high temperatures and pressures, emitting energy as a result. Adds and defines the term "fusion energy" as meaning the product of fusion reactions inside a "fusion device," used for the purpose of generating electricity or other commercially usable forms of energy. Makes conforming changes throughout the statute by referring to "clean energy" instead of "renewable energy."

Amends the following statutes to also refer to "clean energy" instead of "renewable energy": GS 62-2 (declaration of policy on clean energy and energy efficiency); GS 62-110.8 (competitive procurement of clean energy); GS 62-126.4 (net metering rates); GS 62-126.8 (community solar energy facilities); GS 62-1332 (fuel and fuel-related charge adjustments for electric utilities); GS 62-113.16 (performance-based regulation authorized); GS 62-133.20 (cleanfields clean energy demonstration parks); GS 62-153 (contracts of public utilities with certain companies and for services); GS 62-156 (power sales by small power producers to public utilities); GS 62-159.2 (direct clean energy procurement for major military installations, public universities, and large customers); GS 62-300 (particular fees and charges fixed; payment); GS 143-213 (amending definitions used in specified articles of GS Chapter 143); GS 143B-282 (Environmental Management Commission); GS 160A-272 (concerning leases for the siting and operation of a clean energy facility); and GS 160D-1320 (program to finance energy improvements).

Amends GS 62-110.1, concerning certificates for the construction of an electricity-generating facility, as follows. No longer requires an applicant for a certificate for the construction of a nuclear facility to demonstrate (and the Utilities Commission to find) that energy efficiency measures; demand-side management; clean (was, renewable) energy resource generation; combined heat and power generation; or any combination thereof would not establish or maintain a more cost-effective and reliable generation system and that the construction and operation of the facility is in the public interest. Expands upon the issues the Commission must consider when making such a determination to also include power quality, resource availability, dispatchability, capacity, and costs of maintenance and decommissioning. Makes conforming changes.