North Carolina G.S. 62-133.8: clean energy portfolio standard

North Carolina's current clean-energy portfolio statute counts nuclear energy facilities, including uprates, and fusion energy facilities as clean energy. It is not a small-modular category and it does not grant a construction certificate or a federal license.

Category: Laws, rules and executive directives
Status: In effect
Instrument: statute · N.C. Gen. Stat. § 62-133.8
Issued by: North Carolina General Assembly
Jurisdiction: North Carolina
Affects: State programme administration
Effective date: Not recorded
Expiry or completion: None recorded
Operative text: North Carolina General Statutes § 62-133.8 (Official current section opened 4 October 2026)
Last checked · next review: 2026-10-04 · 2027-04-15

Legal and geographic scope

The official current section opened on 4 October 2026 is the Clean Energy and Energy Efficiency Portfolio Standard. A clean energy facility includes a renewable energy facility, a nuclear energy facility, including an uprate, or a fusion energy facility. A new clean energy facility includes a new renewable energy facility and, for facilities placed into service on or after 1 January 2007, a nuclear energy facility, including an uprate, or a fusion energy facility. The opened section does not define nuclear energy facility and does not limit that term to a small modular reactor. It uses renewable energy certificates to track compliance. Registration under the section is for certificate eligibility and is not a construction certificate. The history line cites Session Law 2023-138, section 1(a), and Session Law 2025-25, section 29(5). Session Law 2025-25 was not opened.

Not approved or still pending

Session Law 2025-25 was not opened. The current certificate section amended by Session Law 2023-138 was not opened, and the session-law display mixes struck and inserted certificate text, so that change is not restated as current law. No Utilities Commission order was opened. No project is linked. The portfolio standard does not approve a reactor.

Dated lifecycle

10 Oct 2023 · actual · day · Enacted — Session Law 2023-138 became law notwithstanding the Governor's objections at 1:29 p.m. on 10 October 2023. The current compilation also cites 2025-25, s. 29(5), which was not opened, so this is not a single effective date for every sentence of the current section. (North Carolina Session Law 2023-138)

Definitions in this instrument

Clean energy facility (G.S. 62-133.8(a)(1)): A renewable energy facility, a nuclear energy facility, including an uprate to a nuclear energy facility, or a fusion energy facility.
Legal definition used by this instrument only; SMRMap's inclusion rule for SMRs is separate and unchanged.
Clean energy resource (G.S. 62-133.8(a)(1a)): Renewable energy resources, nuclear energy resources, including an uprate to a nuclear energy facility, and fusion energy.
Legal definition used by this instrument only; SMRMap's inclusion rule for SMRs is separate and unchanged.
Fusion (G.S. 62-133.8(a)(4a)): A reaction in which at least one heavier, more stable nucleus is produced from two lighter, less stable nuclei, typically through high temperatures and pressures, emitting energy as a result.
Legal definition used by this instrument only; SMRMap's inclusion rule for SMRs is separate and unchanged.
New clean energy facility (G.S. 62-133.8(a)(4c)): A new renewable energy facility, or a facility placed into service on or after 1 January 2007 that is a nuclear energy facility, including an uprate, or a fusion energy facility.
Legal definition used by this instrument only; SMRMap's inclusion rule for SMRs is separate and unchanged.

Projects or designs named by the source

None. Location in this jurisdiction does not make a project eligible for, or approved under, this measure.

Sources

North Carolina General Statutes § 62-133.8 (government_primary, accessed 2026-10-04)
North Carolina Session Law 2023-138 (government_primary, accessed 2026-10-04)