Vermont H 609: An act relating to thermal energy networks

Bill Text

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VT LEG #386309 v.1
H.609 1
Introduced by Representatives Campbell of St. Johnsbury and James of 2
Manchester 3
Referred to Committee on 4
Date: 5
Subject: Public service; energy; thermal energy networks 6
Statement of purpose of bill as introduced: This bill proposes to allow the 7
formation of a fire district for the purpose of operating a thermal energy 8
network. It would also clarify that the Public Utility Commission has 9
jurisdiction over entities operating thermal energy networks other than 10
municipalities. 11
An act relating to thermal energy networks 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 30 V.S.A. § 201 is amended to read: 14
§ 201. DEFINITIONS 15
As used in this chapter: 16
* * * 17
(7) “Thermal energy exchange” means piped noncombustible fluids 18
used for transferring heat into and out of buildings for the purpose of avoiding, 19
eliminating, reducing any existing or new on-site greenhouse gas emissions of 20

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all types of heating and cooling processes, including comfort heating and 1
cooling, domestic hot water, and refrigeration. 2
(8) “Thermal energy exchange network” means all real estate, fixtures, 3
and personal property operated, owned, used, or to be used for or in connection 4
with or to facilitate distribution infrastructure project that supplies thermal 5
energy to more than one household, dwelling unit, or network group of 6
buildings that are not commonly owned. This definition does not include a 7
mutual benefit enterprise, cooperative or common interest community that is 8
owned by the persons it serves and that provides thermal energy exchange 9
services only to its members, a landlord providing thermal energy exchange 10
services only to its tenants where the service is included in the lease 11
agreement, or any entity that provides thermal energy exchange services only 12
to itself. 13
Sec. 2. 30 V.S.A. § 203 is amended to read: 14
§ 203. JURISDICTION OF CERTAIN PUBLIC UTILITIES 15
The Public Utility Commission and the Department of Public Service shall 16
have jurisdiction over the following described companies within the State, their 17
directors, receivers, trustees, lessees, or other persons or companies owning or 18
operating the companies and of all plants, lines, exchanges, and equipment of 19
the companies used in or about the business carried on by them in this State as 20
covered and included in this chapter. This jurisdiction shall be exercised by 21

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the Commission and the Department so far as may be necessary to enable them 1
to perform the duties and exercise the powers conferred upon them by law. 2
The Commission and the Department may, when they deem the public good 3
requires, examine the plants, equipment, lines, exchanges, stations, and 4
property of the companies subject to their jurisdiction under this chapter. 5
* * * 6
(7) A person or company, other than a municipality or entity otherwise 7
exempted under section 231 of this title, that owns or operates a thermal 8
energy exchange network as defined in section 201 of this title. 9
(8) Notwithstanding subdivisions (1) and (2) of this section, the 10
Commission and Department shall not have jurisdiction over persons otherwise 11
not regulated by the Commission that are engaged in the siting, construction, 12
ownership, operation, or control of a facility that sells or supplies electricity to 13
the public exclusively for charging a plug-in electric vehicle, as defined in 14
23 V.S.A. § 4(85). These persons may charge by the kWh for owned or 15
operated electric vehicle supply equipment, as defined in section 201 of this 16
title, but shall not be treated as an electric distribution utility just because 17
electric vehicle supply equipment charges by the kWh. 18
(8)(9) For purposes of this section, “storage” has the same meaning as 19
“energy storage facility” as defined in section 201 of this title. 20

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Sec. 3. 30 V.S.A. § 231 is amended to read: 1
§ 231. CERTIFICATE OF PUBLIC GOOD; ABANDONMENT OF 2
SERVICE; HEARING 3
* * * 4
(d) Any person or company may petition for a certificate of public good 5
pursuant to subsection (a) of this section to own or operate a thermal energy 6
exchange network; provided, however, that any utility with existing authority 7
established before July 1, 2026, to provide retail electric or natural gas service 8
shall also be authorized to own or operate a thermal energy exchange network 9
subject to the provisions of this title and rules issued by the Commission. 10
Notwithstanding any other State law to the contrary, a municipality or fire 11
district established for the purpose of operating a thermal energy exchange 12
network utility shall have the authority to construct, operate, set rates for, 13
finan