BILL NO. 147

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Private Member's Bill

Electricity Act
(amended)

Michel Samson
Richmond

First Reading: March 22, 2007

(Explanatory Note)

Second Reading:

Third Reading:

This Bill adds renewable energy standards to the Electricity Act and removes the ability of the Governor in Council to prescribe these standards by regulation.

1 Section 2 of Chapter 25 of the Acts of 2004, the Electricity Act, is amended by adding immediately after clause (a) the following clauses:

(aa) "independent power producer" means a generator, other than an electric utility, that owns or operates an electricity generation facility and sells electricity
(i) in the Province to electric utilities for retail sales to the utilities' customers, or

(ii) for export to electric utilities outside of the Province;

(ab) "load-serving entity" means any one of the following:
(i) NSPI,

(ii) a municipal electric utility that purchases any or all of its electricity supply from a supplier other than NSPI,

(iii) an independent power producer who exports electricity;

(ac) "NSPI" means Nova Scotia Power Incorporated;

(ad) "renewable energy generation facility" means a facility that generates electricity from renewable low-impact electricity and is certified;

(ae) "renewable low-impact electricity" means electric energy produced from any source of renewable energy that is able to be replenished by natural processes within a reasonable length of time, and within eighty years at the latest, and includes, but is not limited to, all of the following:

(i) solar energy,

(ii) wind energy,

(iii) biomass,

(iv) run-of-the-river hydroelectric energy,

(v) ocean-powered energy,

(vi) tidal energy,

(vii) wave energy,

(viii) landfill gas,

(ix) liquid biofuel and other biogas energy.

4 (1) In each of the 2010, 2011 and 2012 calendar years, each load-serving entity shall supply its customers with renewable low impact electricity in an amount equal to or greater than five per cent of its total sales for that year.

(2) Each load-serving entity shall meet the renewable energy standard in subsection (1) by supplying renewable low-impact electricity produced by a renewable energy generation facility.

(3) Subject to subsection (4), NSPI shall purchase from independent power producers enough renewable low-impact electricity to meet the renewable energy standard in subsection (1) for both its own retail sales and for sales to the six municipal electric utilities.

(4) To meet the renewable energy standard in subsection (1), a municipal electric utility that purchases any of its electricity supply from a person other than NSPI shall ensure that a minimum of five per cent of that non-NSPI electricity supply is supplied by a generator of renewable low-impact electricity.

4A (1) In the 2013 and subsequent calendar years, each load-serving entity shall supply its customers with renewable low-impact electricity in an amount equal to or greater than ten per cent of its total sales for that year.

(2) Each load-serving entity shall meet the renewable energy standard in subsection (1) by supplying renewable low-impact electricity produced by a renewable energy generation facility.

(3) Subject to subsection (4), NSPI shall meet the renewable energy standard in subsection (1) as follows:

(a) by continuing to meet the 2010 standard by complying with subsection 4(3); and

(b) by acquiring the additional renewable low-impact electricity to meet the standard in subsection (1) from independent power producers or from its own renewable energy generation facilities.

(4) To meet the renewable energy standard in subsection (1), a municipal electric utility that purchases any of its electricity supply from a person other than NSPI shall ensure that a minimum of ten per cent of that non-NSPI electricity supply is supplied by a generator of renewable low impact electricity.

4B The Board shall undertake a review of the current state of renewable energy standards no later than January 1, 2009, and January 1, 2012, with respect to the renewable energy standards set out in Sections 4 and 4A, respectively.

(d) respecting the administration and enforcement of renewable energy standards;