A BILL TO BE ENTITLED
AN ACT TO provide small hydroelectric power facilities certain treatment similar to that given to small power producers that produce energy from swine and poultry waste.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 62‑156(b)(3) reads as rewritten:
"(b)	At least every two years, the Commission shall determine the standard contract avoided cost rates to be included within the tariffs of each electric public utility and paid by electric public utilities for power purchased from small power prodcers, according to the following standards:
…
(3)	Availability and Reliability of Power. – The rates to be paid by electric public utilities for capacity purchased from a small power producer shall be established with consideration of the reliability and availability of the power. A future capacity need shall only be avoided in a year where the utility's most recent biennial integrated resource plan filed with the Commission pursuant to G.S. 62‑110.1(c) has identified a projected capacity need to serve system load and the identified need can be met by the type of small power producer resource based upon its availability and reliability of power, other than for: (i) swine or poultry waste for which a need is established consistent with G.S. 62‑133.8(e) and (f) and (ii) hydropower small power producers with power purchase agreements with an electric public utility in effect as of July 27, 2017, and the renewal of such a power purchase agreement, if the hydroelectric small power producer's facility total capacity is equal to or less than five megawatts (MW)."
SECTION 2.  This act is effective when it becomes law.