s 19B Recovery of costs for energy initiatives
19B.—(1) This section applies where the Authority undertakes any energy initiative for any of the following purposes, whether by itself or through a person appointed by the Authority (called in this section appointed person):(a) to ensure the security or reliability of the supply of any energy utilities; (b) to improve or enhance the operation of any market or section of a market for any energy utilities; (c) to lower carbon emissions in connection with the supply of any energy utilities. (2) Regulations made under section 31 may provide for the imposition of any rate to recover the costs of the Authority or appointed person in undertaking any energy initiative, whether or not payable at the time the rate is imposed. (3) Where a rate is to be imposed for any costs not yet payable, and which amounts are not yet determined, then, for the purpose of imposing the rate, the Authority may make a reasonable estimation of the amounts of the costs that will be incurred. (4) Without affecting section 31, the regulations may make provision in relation to the payment and recovery of any rate, including —(a) the persons who must pay the rate, being any one or more of the following:(i) any electricity licensee under the Electricity Act 2001, or any person exempted from the requirement of an electricity licence under that Act; (ii) any gas licensee under the Gas Act 2001, or any person exempted from the requirement of a gas licence under that Act; (iii) any licensee under the District Cooling Act 2001, or any person exempted from the requirement of a licence under that Act; (iv) any consumer of any energy utilities, whether or not the person derives any direct or immediate benefit from the energy initiative for which the rate is imposed; (b) the amount of the rate payable by each person (including by way of a formula or other method which may incorporate by reference any other formula or market index of another body or organisation, as may be amended from time to time); (c) the manner in which the amount of any rate payable by any person is to be paid by the person (including to any person authorised by the Authority to collect the amount); and (d) if the amount of any rate payable by a person is not paid by the person, the manner in which the amount may be recovered from the person, and the regulations may, for each rate, make different provisions for different persons or classes of persons, or for different circumstances. (5) To avoid doubt, the regulations may provide that the rate imposed for any energy initiative in relation to any energy utilities is payable by all or any licensee, all or any consumer, or any combination thereof, in relation to that or any other energy utilities. (6) To avoid doubt, the regulations may be amended from time to time to alter the amount of the rate imposed on any person in relation to any energy initiative, for the purpose of ensuring that the amounts paid or recovered under the rate are reasonably commensurate with the costs of the Authority or appointed person (as the case may be) in undertaking the energy initiative. (7) Subject to subsection (8), the amounts paid or recovered under a rate imposed for any energy initiative are to be applied to meet the costs of the Authority or appointed person (as the case may be) in undertaking the energy initiative. (8) Where (despite any alteration under subsection (6)) the amounts paid or recovered under a rate imposed for any energy initiative exceed the costs of the Authority or appointed person (as the case may be) in undertaking the energy initiative, the Authority may retain the excess and apply the excess in payment of the costs of any other energy initiative undertaken by the Authority or any appointed person.[Act 27 of 2024 wef 01/07/2025]