39-26-5.1. Zero-emission resources.

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Zero-emission resources are:

(a) Zero-emission resources are:

(1) Nuclear energy resources, meaning electricity generated by a nuclear fission or nuclear

fusion facility that is licensed by the United States Regulatory Commission or its successor, and

that produces no direct emissions of greenhouse gases or criteria air pollutants at the point of

generation.

(2) Large-scale hydroelectric facilities, meaning hydroelectric generation units that are not

“small hydro facilities” as defined in § 39-26-2, that generate electricity through the conversion of

the energy of flowing or falling water and that produce no direct emissions of greenhouse gases or

criteria air pollutants at the point of generation.

(b)For the purposes of the regulations promulgated under…#

(b) For the purposes of the regulations promulgated under this chapter, eligible zero-

emission energy resources are generation units in the NEPOOL control area using zero-emission

energy resources as defined in this section.

(c) A generation unit located in an adjacent control area outside of the NEPOOL may

qualify as an eligible zero-emission energy resource, but the associated generation attributes shall

be applied to any zero-emission standard established under this chapter only to the extent that the

energy produced by the generation unit is actually delivered into NEPOOL for consumption by

New England customers. The delivery of the energy from the generation unit into NEPOOL shall

be demonstrated by:

(1) A unit-specific bilateral contract for the sale and delivery of such energy into NEPOOL;

(2) Confirmation from ISO-New England that the zero-emission energy was actually

settled in the NEPOOL system; and

(3) Confirmation through the North American Electric Reliability Corporation tagging

system, or its successor, that the import of the energy into NEPOOL actually occurred; or

(4) Any such other requirements as the commission deems appropriate.

(d) NE-GIS certificates associated with the energy production from off-grid generation and

customer-sited generation facilities certified by the commission as eligible zero-emission energy

resources may also be used to demonstrate compliance with any zero-emission standard.

SECTION 7. Sections 39-26-1, 39-26-2, 39-26-4 and 39-26-6 of the General Laws in

Chapter 39-26 entitled "Renewable Energy Standard" are hereby amended to read as follows: