BILL NO. 98

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022

 

Private Member's Bill

 

Equity and Sustainability in Electrical Utilities Act

 

Claudia Chender
Dartmouth South

First Reading: March 24, 2022

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 sets out the short title of this Act.

Clause 2 provides that Nova Scotia Power Incorporated may take steps to maximize the use of renewable resources.

Clause 3 provides that the Nova Scotia Utility and Review Board must be cognizant of and apply the Environmental Goals and Climate Change Reduction Act in exercising its powers.

Clause 4 allows the Board to create an affordability service program for low-income customers.

Clause 5 provides for the appointment of a sustainability advocate.

Clause 6 builds on the current requirement in the Act that the consumer and small business advocates be different people by providing that different people must be appointed to each of the consumer, small business and sustainability advocate positions.

An Act to Amend Chapter 380
of the Revised Statutes, 1989,
the Public Utilities Act,
Respecting Equity and Sustainability

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Equity and Sustainability in Electrical Utilities Act.

2 Subsection 48(1) of Chapter 380 of the Revised Statutes, 1989, the Public Utilities Act, is amended by adding ", renewable" immediately after "indigenous" in the fifth line.

3 Chapter 380 is further amended by adding immediately after Section 48 the following Section:

48A In the exercise of its powers, the Board shall take cognizance of and apply the principles, long-term objectives, targets, goals and plans set out in the Environmental Goals and Climate Change Reduction Act.

4 Section 67 of Chapter 380 is amended by adding immediately after subsection (2) the following subsection:

(3) Notwithstanding subsections (1) and (2), the Board may create a program to address rate affordability for lower-income residential customers, with the goals of the program including, but not being limited to,

(a) no lower-income residential customer paying more than six per cent of the customer's household income on home energy;

(b) no lower-income residential customer losing power due to an inability to pay tolls, rates or charges;

(c) payment plans for amounts in arrears being affordable; and

(d) lower-income residential customers whose energy consumption exceeds six per cent of their household income being offered options for deep retrofits and other measures to bring home energy costs below six per cent of household income.

5 Chapter 380 is further amended by adding immediately after Section 92 the following Section:

92A (1) Where the Governor in Council directs or the Board on its own motion decides, the Board shall appoint a person to act as a sustainability advocate in a hearing before the Board.

(2) A sustainability advocate appointed pursuant to subsection (1)

(a) shall participate in all aspects of the hearing before the Board and represent the interests of residential consumers as a full intervenor with power to enter into settlement agreements with other parties; and

(b) has all the powers and authorities necessary to carry out the duties of a sustainability advocate pursuant to this Section.

(3) The Board may fix fees and expenses of a sustainability advocate in performing the functions and duties of a sustainability advocate pursuant to this Section.

(4) The fees and expenses referred to in subsection (3)

(a) shall be paid to the Board by the applicant or applicants in such proportion as determined by the Board; and

(b) may include the cost of retaining experts and legal counsel to provide the sustainability advocate with advice, including testimony, on technical and legal matters.

(5) The Board may make rules respecting practice and procedure, scope of work, fees and expenses and other matters respecting a sustainability advocate appointed pursuant to subsection (1).

(6) The Governor in Council may make regulations respecting the qualifications and experience of a sustainability advocate.

6 Section 93 of Chapter 380 is repealed and the following Section substituted:

93 The same person must not be appointed to more than one of the positions referred to in Sections 91, 92 and 92A.

 

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