HONOURABLE MICHELLE MUNGALL
MINISTER OF ENERGY, MINES
AND PETROLEUM RESOURCES

BILL 19 – 2019

ENERGY STATUTES AMENDMENT ACT, 2019

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

Clean Energy Act

SECTION 1: [Clean Energy Act, section 1] repeals three definitions.

1 Section 1 (1) of the Clean Energy Act, S.B.C. 2010, c. 22, is amended by repealing the definitions of "expenditure for export", "feed-in tariff program" and "integrated resource plan".

SECTION 2: [Clean Energy Act, sections 2 and 3 to 5] repeals a paragraph and several sections.

2 Sections 2 (p) and 3 to 5 are repealed.

SECTION 3: [Clean Energy Act, section 6] expands the scope of a definition.

3 Section 6 (1) is amended by repealing the definition of "electricity supply obligations" and substituting the following:

"electricity supply obligations" means

(a) electricity supply obligations for which rates are filed with the commission under section 61 of the Utilities Commission Act, and

(b) any other electricity supply obligations that exist at the time this section comes into force,

determined by using the authority's prescribed forecasts of its energy requirements and peak load, taking into account demand-side measures, that are in the most recent of the following documents:

(c) an integrated resource plan approved under section 4 before its repeal;

(d) a long-term resource plan filed under section 44.1 of the Utilities Commission Act.

SECTION 4: [Clean Energy Act, section 7] removes references to the feed-in tariff program.

4 Section 7 (1) (i) is repealed.

SECTION 5: [Clean Energy Act, section 8] removes references to the feed-in tariff program.

5 Section 8 (1) (b) is amended

(a) in subparagraph (i) by striking out ", and", and

(b) by repealing subparagraph (ii).

SECTION 6: [Clean Energy Act, heading to Part 4] amends the heading to the Part.

6 The heading to Part 4 is repealed and the following substituted:

Part 4 – Standing Offer Program .

SECTION 7: [Clean Energy Act, sections 16 and 35] repeals section 16 and removes references to repealed provisions.

7 Sections 16 and 35 (g), (h) and (m) are repealed.

SECTION 8: [Clean Energy Act, section 37] repeals a cross-reference.

8 Section 37 (c) is amended by striking out "3 (5),".

Hydro and Power Authority Act

SECTION 9: [Hydro and Power Authority Act, section 32] repeals a cross-reference.

9 Section 32 (7) (x) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended by striking out "44.1,".

Utilities Commission Act

SECTION 10: [Utilities Commission Act, section 1] disapplies the Act to Powerex Corp.

10 Section 1 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended by renumbering the section as section 1 (1) and by adding the following subsection:

(2) This Act does not apply to Powerex Corp.

SECTION 11: [Utilities Commission Act, section 44.1] adds a subsection respecting long-term resource plans of the authority.

11 Section 44.1 is amended

(a) in subsection (2) by striking out "subsection (4)" and substituting "subsection (2.1)", and

(b) by adding the following subsection:

(2.1) The authority need not file a long-term resource plan before February 28, 2021.

SECTION 12: [Utilities Commission Act, section 44.2] adds a reference to the most recent long-term resource plan of the authority.

12 Section 44.2 (5.1) (b) is repealed and the following substituted:

(b) the most recent of the following documents:

(i) an integrated resource plan approved under section 4 of the Clean Energy Act before the repeal of that section;

(ii) a long-term resource plan filed by the authority under section 44.1 of this Act, .

SECTION 13: [Utilities Commission Act, section 46] adds a reference to the most recent long-term resource plan of the authority.

13 Section 46 (3.3) (b) is repealed and the following substituted:

(b) the most recent of the following documents:

(i) an integrated resource plan approved under section 4 of the Clean Energy Act before the repeal of that section;

(ii) a long-term resource plan filed by the authority under section 44.1 of this Act, and .

SECTION 14: [Utilities Commission Act, section 58.1] prohibits the commission from setting rates for a specified purpose, except on application by the applicable public utility.

14 Section 58.1 is amended

(a) in subsection (1) by striking out "the authority's revenues" and substituting "a public utility's revenues" and by striking out "the authority's costs" and substituting "the public utility's costs",

(b) by repealing subsections (3), (5) and (6), and

(c) by adding the following subsection:

(7) The commission may not set rates for a public utility for the purpose of changing the revenue-cost ratio for a class of customers except on application by the public utility.

SECTION 15: [Utilities Commission Act, section 71] adds references to the most recent long-term resource plan of the authority.

15 Section 71 is amended

(a) by repealing subsection (2.21) (b) and substituting the following:

(b) the most recent of the following documents:

(i) an integrated resource plan approved under section 4 of the Clean Energy Act before the repeal of that section;

(ii) a long-term resource plan filed by the authority under section 44.1 of this Act, ,

(b) by adding the following subsection:

(2.22) Subsection (2.21) (a) to (c) does not apply if the commission considers that the matters addressed in the energy supply contract filed by the authority under subsection (1) were determined to be in the public interest in the course of considering a long-term resource plan under section 44.1. , and

(c) by repealing subsection (2.51) (b) and substituting the following:

(b) the most recent of the following documents:

(i) an integrated resource plan approved under section 4 of the Clean Energy Act before the repeal of that section;

(ii) a long-term resource plan filed by the authority under section 44.1 of this Act, and .

SECTION 16: [Utilities Commission Act, section 71.1] converts the provision to full-list format.

16 Section 71.1 (5) is amended

(a) by adding "the following:" after "the commission may do one or more of", and

(b) in paragraph (a) by striking out "specified, and" and substituting "specified;".

SECTION 17: [Utilities Commission Act, section 88] authorizes exemptions of classes of persons.

17 Section 88 (3) is amended by adding "class of persons," after "person,".

SECTION 18: [Utilities Commission Act, section 121] makes a housekeeping correction.

18 Section 121 (2) (b) is amended by striking out "Lieutenant Governor in Council" and substituting "minister responsible for the administration of the Hydro and Power Authority Act".

Commencement

19  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item Column 1
Provisions of Act
Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Section 17 June 14, 2012

 
Explanatory Notes

SECTION 1: [Clean Energy Act, section 1] repeals three definitions.

SECTION 2: [Clean Energy Act, sections 2 and 3 to 5] repeals a paragraph and several sections.

SECTION 3: [Clean Energy Act, section 6] expands the scope of a definition.

SECTION 4: [Clean Energy Act, section 7] removes references to the feed-in tariff program.

SECTION 5: [Clean Energy Act, section 8] removes references to the feed-in tariff program.

SECTION 6: [Clean Energy Act, heading to Part 4] amends the heading to the Part.

SECTION 7: [Clean Energy Act, sections 16 and 35] repeals section 16 and removes references to repealed provisions.

SECTION 8: [Clean Energy Act, section 37] repeals a cross-reference.

SECTION 9: [Hydro and Power Authority Act, section 32] repeals a cross-reference.

SECTION 10: [Utilities Commission Act, section 1] disapplies the Act to Powerex Corp.

SECTION 11: [Utilities Commission Act, section 44.1] adds a subsection respecting long-term resource plans of the authority.

SECTION 12: [Utilities Commission Act, section 44.2] adds a reference to the most recent long-term resource plan of the authority.

SECTION 13: [Utilities Commission Act, section 46] adds a reference to the most recent long-term resource plan of the authority.

SECTION 14: [Utilities Commission Act, section 58.1] prohibits the commission from setting rates for a specified purpose, except on application by the applicable public utility.

SECTION 15: [Utilities Commission Act, section 71] adds references to the most recent long-term resource plan of the authority.

SECTION 16: [Utilities Commission Act, section 71.1] converts the provision to full-list format.

SECTION 17: [Utilities Commission Act, section 88] authorizes exemptions of classes of persons.

SECTION 18: [Utilities Commission Act, section 121] makes a housekeeping correction.