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"Point in Time" Regulation Content

Clean Energy Act

Greenhouse Gas Reduction (Clean Energy) Regulation

B.C. Reg. 102/2012

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 November 28, 2013
June 3, 2015
August 19, 2016
March 22, 2017
April 20, 2018
Section 2 November 28, 2013
June 3, 2015
August 19, 2016
March 22, 2017
April 20, 2018
Section 3 November 28, 2013
Section 4 March 2, 2017
Section 5 June 22, 2020

 Section 1 definition of "eligible vehicle" BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

"eligible vehicle" means

(a) a specified vehicle with a power train and fuel system that has not been modified after manufacture, and

(b) a marine vehicle

that uses, as a primary fuel source, compressed natural gas or liquefied natural gas;

 Section 1 definition of "eligible vehicle", paragraphs (a) and (d) BEFORE amended by 98/2015, effective June 3, 2015.

(a) a specified vehicle with a power train and fuel system that has not been modified after manufacture,

(d) a locomotive

 Section 1 definitions of "heavy-duty vehicle" and "undertaking period" BEFORE amended by 98/2015, effective June 3, 2015.

"heavy-duty vehicle" means a truck or tractor-trailer with a manufacturer's gross vehicle weight rating of 11 793 kg or more;

"undertaking period" means the period that ends on March 31, 2017.

 Section 1 definition of "eligible vehicle" BEFORE repealed by BC Reg 214/2016, effective August 19, 2016.

"eligible vehicle" means

(a) a specified vehicle,

(b) a marine vehicle,

(c) a mine haul truck, and

(d) a locomotive

that uses, as a fuel source, compressed natural gas or liquefied natural gas;

 Section 1 definition of "undertaking period" BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

"undertaking period" means the period that ends on March 31, 2018.

 Section 1 definitions of "eligible vehicle or machine" and "operating costs" were added by BC Reg 214/2016, effective August 19, 2016.

 Section 1 definitions of "non-bypass customer" and "shore-side asset" were added by BC Reg 114/2017, effective March 22, 2017.

 Section 1 definition of "operating cost", paragraph (g) (part) BEFORE amended by BC Reg 84/2018, effective April 20, 2018.

determined with reference to the remaining service life of the fuelling station or distribution or storage infrastructure, as estimated by the commission in setting rates;

 Section 2 (1) (b) BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

(b) a grant or zero-interest loan for an eligible vehicle does not, in a year of the undertaking, exceed the percentage difference as indicated in the following table:

 Section 2 (1) (c) (ii) (B) BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

(B)  on grants referred to in paragraph (a) (ii) do not exceed $4 million.

 Section 2 (1.1) was added by BC Reg 235/2013, effective November 28, 2013.

 Section 2 (2) (a) BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

(a) the public utility

(i)  constructs and operates, or

(ii)  purchases and operates

one or more compressed natural gas fuelling stations, including storage, compression and dispensing equipment and facilities, within the service territory of the public utility for the purposes of providing compressed natural gas fuel and fuelling services to owners of vehicles that operate on compressed natural gas;

 Section 2 (2) (b) (i) BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

(i)  the average expenditure on stations, in any year of the undertaking, does not exceed $1.1 million per station, and

 Section 2 (2) (c) BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

(c) at least 80% of the energy provided at each station during the undertaking period is provided to one or more persons under a take-or-pay agreement with a minimum term of 5 years.

 Section 2 (3) (a) BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

(a) the public utility

(i)  constructs and operates, or

(ii)  purchases and operates

one or more tanker truck load-outs or liquefied natural gas fuelling stations for the purposes of providing within British Columbia liquefied natural gas fuel and fuelling services to owners of vehicles that operate on liquefied natural gas;

 Section 2 (3) (b) (ii) BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

(ii)  expenditures during the undertaking period on a tanker truck load-out do not exceed $4 million, and on administration and marketing do not exceed $250 000;

 Section 2 (3) (c) BEFORE amended by BC Reg 235/2013, effective November 28, 2013.

(c) at least 80% of the energy provided at each station during the undertaking period is provided to one or more persons under a take-or-pay agreement with a minimum term of 5 years.

 Section 2 (4) was added by BC Reg 235/2013, effective November 28, 2013.

 Section 2 (0.1) was added by 98/2015, effective June 3, 2015.

 Section 2 (1) (b), (c) BEFORE amended by 98/2015, effective June 3, 2015.

(b) an expenditure on a grant or zero-interest loan for an eligible vehicle does not, in a year of the undertaking, exceed the percentage difference as indicated in the following table:

 Year of Undertaking
123456
Percentage of the difference between the cost of the eligible vehicle and the cost of a comparable vehicle that uses gasoline or diesel1008070605040

(c) total expenditures on the undertaking during the undertaking period, including expenditures on administration, marketing, training and education, do not exceed $62 million, and

(i) expenditures on the undertaking during the undertaking period on marine vehicles do not exceed $11 million, and

(ii) expenditures on the undertaking during the undertaking period

(A) on administration, marketing, training and education do not exceed $3.1 million, and

(B) on grants referred to in paragraph (a) (ii) do not exceed $6 million.

 Section 2 (1.2) was added by 98/2015, effective June 3, 2015.

 Section 2 (2) (a) and (c) BEFORE amended by 98/2015, effective June 3, 2015.

(a) the public utility, before April 1, 2017, enters into a binding commitment to

(i) construct and operate, or

(ii) purchase and operate

one or more compressed natural gas fuelling stations, including storage, compression and dispensing equipment and facilities, within the service territory of the public utility for the purposes of providing compressed natural gas fuel and fuelling services to owners of vehicles that operate on compressed natural gas;

(c) at least 80% of the energy provided at each station is provided to one or more persons under a take-or-pay agreement with a minimum term of 5 years.

 Section 2 (3) (a) and (c) BEFORE amended by 98/2015, effective June 3, 2015.

(a) the public utility, before April 1, 2017, enters into a binding commitment to

(i) construct and operate, or

(ii) purchase and operate

one or more tanker truck load-outs, liquefied natural gas tank trailers or liquefied natural gas fuelling stations for the purposes of providing within British Columbia liquefied natural gas fuel and fuelling services to owners of vehicles that operate on liquefied natural gas;

(c) at least 80% of the energy provided at each station is provided to one or more persons under a take-or-pay agreement with a minimum term of 5 years.

 Section 2 (4) BEFORE amended by 98/2015, effective June 3, 2015.

(4) In subsections (1) to (3), "expenditures" includes, except with respect to expenditures on administration and marketing, binding commitments to incur expenditures in the future.

 Section 2 (3.1) was added by 98/2015, effective June 3, 2015.

 Section 2 (0.1) definition of "early adopter vehicle" BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

"early adopter vehicle" means an eligible vehicle, other than a vehicle referred to in subsection (3.1) (a), used primarily in a market segment set out in column 1 of the following table, if

(a) the contracted demand for the market segment does not exceed, in any of years 5, 6 and 7 of the undertaking period, the annual amount set out in the corresponding row of column 2 of the table, or

(b) the total number of persons who receive grants or zero-interest loans does not exceed, in the undertaking period, the number set out in the corresponding row of column 3 of the table:

Column 1
Market
Segment
Column 2
Contracted
Demand
(GJ)
Column 3
Number of Persons
who Receive  Grants
or Zero-Interest Loans
Wholesale distribution of food or beverages by truck100 0005
Short-haul trucking between a port and any of a railway, warehouse or trucking depot100 0005
Medium-duty vehicle and heavy-duty vehicle leasing100 0005
Passenger transportation by charter bus, other than a transit bus or school bus100 0005
Package courier service by truck200 0005
Off-highway mine hauling by truck1 million3
Transportation of goods or passengers by rail1 million3
Shipping, passenger transportation or commercial services by marine vessel fuelled in British Columbia1.5 million5
Dump truck services100 0005
Transportation of cement in cement-mixing trucks100 0005
Bucket and digger trucking services100 0005
Pipe cleaning or hydro-vacuum excavation trucking services100 0005
On-highway hauling in trucks with a manufacturer's gross vehicle weight rating of more than 36 000 kg1 million10
Off-highway earth excavation, grading and moving for construction or mining1 million5

 Section 2 (1) BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

(1) A public utility's undertaking that is in the class defined as follows is a prescribed undertaking for the purposes of section 18 of the Act:

(a) the public utility provides, through an open and competitive application process,

(i) grants or zero-interest loans to persons in British Columbia for the purchase of an eligible vehicle to be operated in British Columbia, or

(ii) grants to persons in British Columbia

(A) to implement safety practices, or

(B) to improve maintenance facilities

to meet safety guidelines for operating and maintaining an eligible vehicle;

(b) subject to subsection (1.2), an expenditure on a grant or zero-interest loan for an eligible vehicle does not, in a year of the undertaking, exceed the percentage difference as indicated in the following table:

 Year of Undertaking
1234567
Percentage of the difference between the cost of the eligible vehicle and the cost of a comparable vehicle that uses gasoline or diesel100807060504030

(c) total expenditures on the undertaking during the undertaking period, including expenditures on administration, marketing, training and education, do not exceed $62 million less the total expenditures, if any, on an undertaking described in subsection (3.1), and

(i) Repealed. [B.C. Reg. 98/2015, s. 2 (e).]

(ii) expenditures on the undertaking during the undertaking period

(A) on administration, marketing, training and education do not exceed $3.1 million, and

(B) on grants referred to in paragraph (a) (ii) do not exceed $6 million.

 Section 2 (1.1) and (1.2) BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

(1.1) Despite the reference in subsection (1) (a) to an open and competitive application process, a public utility may, in carrying out the undertaking described in subsection (1), give priority to a person in British Columbia who fuels an eligible vehicle using natural gas delivered through the public utility's pipeline system.

(1.2) The percentage difference indicated in the table in subsection (1) (b) may be increased

(a) by up to 50% for each of years 5, 6 and 7 of the undertaking period if the eligible vehicle is an early adopter vehicle, and

(b) by up to 20% for each of years 5, 6 and 7 of the undertaking period if the vehicle is a specified vehicle, is not an early adopter vehicle or a vehicle referred to in subsection (3.1) (a) and is owned or operated by a person who agrees, as a condition of receiving a grant or zero-interest loan, to

(i) complete or arrange for the completion of, within 3 years of the agreement, the construction of a compressed natural gas or liquefied natural gas fuelling station that

(A) is within 25 km of a major transportation corridor, and

(B) provides fuelling services to one or more other persons, or

(ii) operate or arrange for the operation of a fuelling station described in clauses (A) and (B).

 Section 2 (1.3) was added by BC Reg 214/2016, effective August 19, 2016.

 Section 2 (2) (a) BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

(a) the public utility, before April 1, 2018, enters into a binding commitment to

(i) construct and operate, or

(ii) purchase and operate

one or more compressed natural gas fuelling stations, including storage, compression and dispensing equipment and facilities, within the service territory of the public utility for the purposes of providing compressed natural gas fuel and fuelling services to owners of vehicles that operate on compressed natural gas;

 Section 2 (2) (c) (i) and (ii) BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

(c) at least

(i) 80% of the energy provided at each station is provided to one or more persons under a take-or-pay agreement with a minimum term of 5 years, or

(ii) 60% of the energy provided at each station is provided to one or more persons under a take-or-pay agreement with a minimum term of 7 years.

 Section 2 (3) (a) BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

(a) the public utility, before April 1, 2018, enters into a binding commitment to

(i) construct and operate, or

(ii) purchase and operate

one or more tanker truck load-outs, liquefied natural gas tank trailers or liquefied natural gas fuelling stations for the purposes of providing within British Columbia liquefied natural gas fuel and fuelling services to owners of vehicles that operate on liquefied natural gas;

 Section 2 (3) (c) (i) and (ii) BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

(c) at least

(i) 80% of the energy provided at each station is provided to one or more persons under a take-or-pay agreement with a minimum term of 5 years, or

(ii) 60% of the energy provided at each station is provided to one or more persons under a take-or-pay agreement with a minimum term of 7 years.

 Section 2 (3.1) BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

(3.1) A public utility's undertaking that is in the class defined as follows is a prescribed undertaking for the purposes of section 18 of the Act:

(a) the public utility provides, through an open and competitive application process, grants or zero-interest loans to owners or operators in British Columbia of specified vehicles for the conversion of those vehicles to operate on compressed natural gas or liquefied natural gas;

(b) total expenditures on the undertaking during the undertaking period, including expenditures on administration, marketing, training and education,

(i) do not exceed the lesser of the following amounts:

(A) the amount required for the conversion of 30 vehicles;

(B) $5 million, and

(ii) expenditures on the undertaking during the undertaking period on administration, marketing, training and education do not exceed $1.5 million.

 Section 2 (3.2), (3.3) and (3.4) were added by BC Reg 214/2016, effective August 19, 2016.

 Section 2 (4) BEFORE amended by BC Reg 214/2016, effective August 19, 2016.

(4) In subsections (1), (2), (3) and (3.1),"expenditures" includes, except with respect to expenditures on administration and marketing, binding commitments to incur expenditures in the future.

 Section 2 (0.1) definition of "early adopter vehicle or machine" table item BEFORE amended by BC Reg 114/2017, effective March 22, 2017.

Shipping, passenger transportation or commercial services by marine vehicle that will use fuel purchased from a public utility1.5 million8

 Section 2 (1) (b) (part) and (c) (part) BEFORE amended by BC Reg 114/2017, effective March 22, 2017.

(b) subject to subsection (1.2), an expenditure on a grant or zero-interest loan for an eligible vehicle or machine does not, in a year of the undertaking, exceed the percentage difference as indicated in the following table:

(c) total expenditures on the undertaking during the undertaking period, including expenditures on administration, marketing, training and education, do not exceed $107.9 million less the total expenditures, if any, on an undertaking described in subsection (3.1), and

 Section 2 (1.4) was added by BC Reg 114/2017, effective March 22, 2017.

 Section 2 (3) (a) and (b) BEFORE amended by BC Reg 114/2017, effective March 22, 2017.

(a) the public utility, before March 31, 2022, enters into a binding commitment to

(i) construct and operate, or

(ii) purchase and operate

one or more tanker truck load-outs, liquefied natural gas tank trailers or liquefied natural gas fuelling stations for the purposes of providing within British Columbia liquefied natural gas fuel and fuelling services to owners of vehicles that operate on liquefied natural gas;

(b) total expenditures on the undertaking during the undertaking period, including expenditures on administration and marketing, do not exceed $30.5 million, and

(i) in any year of the undertaking period an expenditure on a station does not exceed $2.75 million, and

(ii) expenditures during the undertaking period on a tanker truck load-out do not exceed $5.5 million, and on administration and marketing do not exceed $250 000;

 Section 2 (3.1) (part) BEFORE amended by BC Reg 114/2017, effective March 22, 2017.

(3.1) Subject to subsection 3.3, a public utility's undertaking that is in the class defined as follows is a prescribed undertaking for the purposes of section 18 of the Act:

 Section 2 (3.4) (a) and (b) BEFORE amended by BC Reg 114/2017, effective March 22, 2017.

(a) the public utility, before March 31, 2022, enters into a binding commitment to

(i) construct and operate, or

(ii) purchase and operate

LNG distribution and storage infrastructure in British Columbia, including LNG rail tank cars and ISO containers, for the purpose of reducing greenhouse gas emissions;

(b) total expenditures on the undertaking during the undertaking period, including expenditures on administration, marketing, training and education, do not exceed $15 million, and

 Section 2 (3.5) to (3.9) were added by BC Reg 114/2017, effective March 22, 2017.

 Section 2 (2) (b) BEFORE amended by BC Reg 84/2018, effective April 20, 2018.

(b) total expenditures on the undertaking during the undertaking period, including expenditures on administration and marketing, do not exceed $12 million, and

(i) the average expenditure on stations, in any year of the undertaking, does not exceed $2 million per station, and

(ii) expenditures, during the undertaking period, on administration and marketing do not exceed $240 000;

 Section 2 (3) (b) BEFORE amended by BC Reg 84/2018, effective April 20, 2018.

(b) total expenditures on the undertaking during the undertaking period, including expenditures on administration and marketing, do not exceed $50.5 million, and

(i) in any year of the undertaking period an expenditure on a station does not exceed $2.75 million, and

(ii) expenditures during the undertaking period on a tanker truck load-out do not exceed $10 million, and on administration and marketing do not exceed $250 000;

 Section 2 (2) (b.1), (3) (b.1) and (3.01) were added by BC Reg 84/2018, effective April 20, 2018.

 Section 3 BEFORE repealed by BC Reg 235/2013, effective November 28, 2013.

 Expiry

3  This regulation is repealed on April 1, 2017.

 Section 4 was enacted by BC Reg 76/2017, effective March 2, 2017.

 Section 5 was enacted by BC Reg 139/2020, effective June 22, 2020.