S678 - Clean Energy/Other Changes. (SL 2023-138)

Overview: S.L. 2023-138 does all of the following:

• Changes the State's "Renewable Energy Portfolio Standard" to a "Clean Energy Portfolio Standard," and establishes a definition of "clean energy" to include renewable, nuclear, and fusion energy.
• Modifies a provision governing issuance of certificates of public convenience and necessity (CPCN) for electric generating facilities to:
• Eliminate a heightened Utilities Commission (Commission) analysis for coal or nuclear facilities to be constructed, including whether energy efficiency measures; demand side management; renewable 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.
• Establish a requirement that a generating facility to be constructed by an electric public utility must, in addition to being in the public interest: (i) be part of the least cost path to achieve compliance with authorized carbon reduction goals enacted in 2021; and (ii) maintain or improve upon the adequacy and reliability of the existing grid.
• Extends closure deadlines for certain coal combustion residuals surface impoundments.
• Increases application fees for dam construction, repair, alteration, or removal under the Dam Safety Act.
• Requires approval by the Local Government Commission for local governments to enter into agreements to cede or transfer control over a public enterprise to a non-governmental entity.
• Prohibits local governments from entering non-disclosure agreements in order to restrict access to public records subject to disclosure under the Public Records Act.
• Establishes employee classification and compensation exemptions for the Commission and the Commission's Public Staff.

This bill was vetoed by the Governor on October 2, 2023, and the veto was overridden by the General Assembly on October 10, 2023. Except as otherwise provided, this act became effective October 10, 2023.