Bill Summary for S 678 (2023-2024)

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Summary date: 

Sep 20 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.

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Bill summary

Conference report makes the following changes to the 5th edition. 

Part I.

Section 1.

Amends GS 62-133.8 (pertaining to clean energy and energy efficiency portfolio standard (CEPS)) to add new defined terms (1) clean energy facility: a renewable energy facility, a nuclear energy facility, including an uprate to a nuclear energy facility, or a fusion energy facility; (2) clean energy resource: renewable energy resources, nuclear energy resources, including an uprate to a nuclear energy facility, and fusion energy; and (3) new clean energy facility: a new renewable energy facility, or facilities placed into service on or after January 1, 2007, which are either (a) a nuclear energy facility, including an uprate to a nuclear energy facility or (b) a fusion energy facility. Reinstates defined term new renewable energy facility. Reverts defined term clean energy facility back to renewable energy facility. Amends newly defined term renewable energy resource (was, clean energy resource) to remove references to nuclear energy in the definition’s list of what types of energy constitute a renewable energy resource. Makes conforming changes.  

Removes proposed changes to  GS 62-110.8 (concerning competitive procurement of clean energy); GS 62-126.4 (concerning the establishment of net metering rates by the Utilities Commission [Commission]); GS 62-133.2 (pertaining to fuel and fuel-related charge adjustments for electric utilities); GS 62-133.20 (cleanfields clean energy demonstration parks); GS 62-153 (contracts of public utilities with certain companies 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 143-213 (proposed changes to defined terms farmer digester system and clean animal biomass energy resource); GS 160A-272 (lease or rental of property); and GS 160D-1320 (local government programs to finance energy improvements).

Section 2.

Changes the standard governing the Commission’s determination under GS 62-110.1 (pertaining to permits for generating facilities) as to whether to grant a certificate for a generating facility by an electric public utility to whether facility is part of the least cost path to achieve compliance with the authorized carbon reduction goals in GS 62-110.9 (carbon dioxide reduction standards), will maintain or improve upon the adequacy and reliability of the existing grid, in addition to whether the construction and operation of the facility is in the public interest. (Previously, Commission had to find that energy efficiency measures, demand-side management, renewable clean 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, in addition to public interest evaluation.)

Part IV.

Deletes old Part IV, concerning an increase in the rooftop solar leasing cap.

Amends proposed GS 159-154 (nongovernmental control of public enterprises) by adding that the statute does not apply to the sale of a public enterprise to a utility regulated by the Commission.

Changes the effective date of the changes to GS 132-1 from October 1, to November 1, 2023.

Part V.

Adds the following new content.

Amends GS 62-14 by exempting the Commission and its employees from classification and compensation rules established by the State Human Resources Commission under GS 126-4(1) through (4) (concerning position classification plans, compensation plans, reasonable position qualifications, and recruitment programs); GS 126-4(5) only as it applies to hours and days of work, vacation, and sick leave; GS 126-4(6) only as it applies to promotion and transfer; GS 126-4(10) only as it applies to the prohibition of the establishment of incentive pay programs; and Article 2 (Salaries, Promotions, and Leave of State Employees) of GS Chapter 126, except for GS 126-7.1 (Posting requirement; State employees receive priority consideration; reduction-in-force; Work First hiring; reorganization through reduction).

Amends GS 62-15 by adding in the same exemptions for the Public Staff (except for the executive director).

Makes conforming changes to GS 126-5(c11).

Makes organizational changes and conforming changes to act’s long title.