AN ACT to expand the clean energy portfolio standard to include existing nuclear and large hydroelectric power facilities.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 62‑133.8 reads as rewritten:

§ 62‑133.8.  Clean Energy and Energy Efficiency Portfolio Standard (CEPS).

(a)        Definitions. – As used in this section:

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(4c)      New clean energy facility means:

a.         A new renewable energy facility; or

b.         Facilities placed into service on or after January 1, 2007, which that are either (i) a nuclear energy facility, including an uprate to a nuclear energy facility, or (ii) a fusion energy facility.

(5)        New renewable energy facility means a renewable energy facility that either:

a.         Was placed into service on or after January 1, 2007.

b.         Delivers or has delivered electric power to an electric power supplier pursuant to a contract with NC GreenPower Corporation that was entered into prior to January 1, 2007.

c.         Is a hydroelectric power facility with a generation capacity of 10 megawatts or less that delivers electric power to an electric power supplier.

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SECTION 2.  This act is effective when it becomes law.