General Assembly Raised Bill No. 6544 January Session, 2011 LCO No. 4199 *04199_______ET_* Referred to Committee on Energy and Technology Introduced by: (ET) General Assembly Raised Bill No. 6544 January Session, 2011 LCO No. 4199 *04199_______ET_* Referred to Committee on Energy and Technology Introduced by: (ET) AN ACT CONCERNING ENERGY EFFICIENCY. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2011) (a) The Commissioner of Consumer Protection, in consultation with the Office of Policy and Management and the Department of Environmental Protection, shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes for evaluating and disclosing the energy consumption of residential and commercial buildings before the sale of such buildings, including, but not limited to, a method for labeling or disclosing such information. Such regulations may include, but not be limited to, adoption of a federal rating and disclosure system. (b) Any owner of real property located in the state shall have the energy consumption of such property evaluated in accordance with the regulations adopted pursuant to section (a) of this section not less than five years before the sale of such property, except for a sale between coowners, spouses or persons related by consanguinity within the third degree or a transfer through inheritance. Such evaluation shall cover a period of not less than five years before the sale of such property or the period since the adoption of said regulations, whichever is less. Sec. 2. (NEW) (Effective October 1, 2011) Any landlord who requires a tenant to pay heating expenses as part of the agreed lease shall, before entering such lease agreement, provide a potential tenant with a statement of prior usage for heat expenses for the unit for at least the previous two years. The statement of prior usage shall consist of a report from the supplier of the heating fuel, including an electric or natural gas distribution company, if available, and shall otherwise be based on (1) records of the heating fuel supplier, or (2) a good-faith estimate by the landlord. Sec. 3. (NEW) (Effective from passage) (a) Commencing January 1, 2012, each electric distribution, electric and gas company shall maintain records of the energy consumption data of all nonresidential buildings to which such company provides service. This data shall be maintained in a format (1) compatible for uploading to the United States Environmental Protection Agency's Energy Star portfolio manager or similar system, for at least the most recent thirty-six months, and (2) that preserves the confidentiality of the customer. (b) On or before January 1, 2012, upon the written authorization or secure electronic authorization of a nonresidential building owner or operator, an electric distribution, electric or gas company shall upload all of the energy consumption data for the specified building account to the Energy Star portfolio manager or comparable system. The electric or natural gas utility shall maintain information in a manner that preserves the confidentiality of the customer. (c) On or before January 1, 2012, an owner or operator of a nonresidential building with a gross floor area of more than ten thousand square feet shall disclose the Energy Star portfolio manager benchmarking data and ratings for the most recent twenty-four-month period to a prospective buyer, lessee of more than two thousand square feet of the building or lender that would finance more than two thousand square feet of the building. (d) On or before January 1, 2013, the Office of Policy and Management shall make public the Energy Star benchmarking information for all nonresidential buildings with a gross floor area of more than ten thousand square feet owned or operated by the state or any state agency. (e) Any person who owns a nonresidential building in the state with a gross floor area of more than fifty thousand square feet shall annually (1) benchmark such building's energy use using the Energy Star portfolio manager benchmarking tool pursuant to the schedule set forth in subsection (f) of this section; and (2) on January first, provide such energy use data and ratings for the most recent twenty-four-month period to the Commissioner of Consumer Protection. The Commissioner of Consumer Protection shall, upon the receipt of the second annual benchmarking data for each building, make the data accessible to the public via an on-line database. (f) The schedule for benchmarking privately-owned buildings, as required in subsection (e) of this section shall be as follows: (1) On and after January 1, 2012, all buildings with more than one hundred fifty thousand square feet of gross floor area; and (2) on and after January 1, 2013, all buildings with more than fifty thousand square feet of gross floor area. (g) On or after January 1, 2012, any application for a building permit for new construction of a building with a gross floor area of more than ten thousand square feet or an improvement to such a building costing at least twenty-five per cent of such building's assessed value shall include an estimate of the finished building's energy performance using the Energy Star target finder tool and shall subsequently be benchmarked annually using the Energy Star portfolio manager benchmarking tool. Portfolio manager and target finder ratings and data for each building shall, within sixty days of being generated, be made available to the Commissioner of Consumer Protection, who shall make the data accessible to the public via an on-line database. Sec. 4. Subsection (d) of section 16-245m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): (d) (1) The Energy Conservation Management Board shall advise and assist the electric distribution companies in the development and implementation of a comprehensive plan, which plan shall be approved by the Department of Public Utility Control, to implement cost-effective energy conservation programs and market transformation initiatives. Each program contained in the plan shall be reviewed by the electric distribution company and either accepted or rejected by the Energy Conservation Management Board prior to submission to the department for approval. The Energy Conservation Management Board shall, as part of its review, examine opportunities to offer joint programs providing similar efficiency measures that save more than one fuel resource or otherwise to coordinate programs targeted at saving more than one fuel resource. Any costs for joint programs shall be allocated equitably among the conservation programs. The Energy Conservation Management Board shall give preference to projects that maximize the reduction of federally mandated congestion charges. The Department of Public Utility Control shall, in an uncontested proceeding during which the department may hold a public hearing, approve, modify or reject the comprehensive plan prepared pursuant to this subsection. (2) There shall be a joint committee of the Energy Conservation Management Board and the Renewable Energy Investments Board. The board and the advisory committee shall each appoint members to such joint committee. The joint committee shall examine opportunities to coordinate the programs and activities funded by the Renewable Energy Investment Fund pursuant to section 16-245n with the programs and activities contained in the plan developed under this subsection to reduce the long-term cost, environmental impacts and security risks of energy in the state. Such joint committee shall hold its first meeting on or before August 1, 2005. (3) Programs included in the plan developed under subdivision (1) of this subsection shall be screened through cost-effectiveness testing which compares the value and payback period of program benefits to program costs to ensure that programs are designed to obtain energy savings and system benefits, including mitigation of federally mandated congestion charges, whose value is greater than the costs of the programs. [Cost-effectiveness testing shall utilize available information obtained from real-time monitoring systems to ensure accurate validation and verification of energy use. Such testing shall include an analysis of the effects of investments on increasing the state's load factor.] Program cost-effectiveness shall be reviewed annually, or otherwise as is practicable, and shall incorporate the results of the evaluation process set forth in subdivision (4) of this subsection. If a program is determined to fail the cost-effectiveness test as part of the review process, it shall either be modified to meet the test or shall be terminated. On or before March 1, 2005, and on or before March first annually thereafter, the board shall provide a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment (A) that documents expenditures and fund balances and evaluates the cost-effectiveness of such programs conducted in the preceding year, and (B) that documents the extent to and manner in which the programs of such board collaborated and cooperated with programs, established under section 7-233y, of municipal electric energy cooperatives. To maximize the reduction of federally mandated congestion charges, programs in the plan may allow for disproportionate allocations between the amount of contributions to the Energy Conservation and Load Management Funds by a certain rate class and the programs that benefit such a rate class. Before conducting such evaluation, the board shall consult with the Renewable Energy Investments Board. The report shall include a description of the activities undertaken during the reporting period jointly or in collaboration with the Renewable Energy Investment Fund established pursuant to subsection (c) of section 16-245n. (4) The Department of Public Utility Control shall oversee an independent, comprehensive evaluation, measuring and verification process to ensure the Energy Conservation and Load Management Fund programs and measures are cost effective, that results are reliably and accurately reported and that programs are being administered properly and efficiently. The department shall contract with one or more consultants not affiliated with the Energy Conservation Management Board or its members to act as administrator of the evaluation, measuring and verification process. Such consultant shall facilitate the evaluation process by hiring evaluation contractors to perform program and measure evaluations and by facilitating communications between evaluation contractors and program administrators necessary to ensure accurate, yet independent, evaluations. Members of the Energy Conservation Management Board shall have input into the scope and work order for evaluations to ensure that evaluation procedures align with program processes for data collection and to ensure that evaluations will provide the information necessary to meet third-party evaluation requirements, such as those of the regional independent system operator. Each electric distribution company and gas company shall communicate with the consultant for purposes of data collection, vendor contract administration and to provide necessary factual information during the course of evaluations. Other than as expressly stated herein, Energy Conservation Management Board members, including the electric distribution companies and gas companies, shall not communicate with the consultant or evaluation contractors regarding substantive issues during the course of evaluations. In no case shall Energy Conservation Management Board members communicate with an evaluation contractor about an ongoing evaluation outside of the presence of the consultant. All evaluations shall contain a description of any problems encountered in the process of the evaluation, including data collection issues, and recommendations regarding how to correct those problems for the purposes of future evaluation. The department shall publicly file a draft of each evaluation report in the most recent uncontested proceeding approving a comprehensive plan pursuant to subdivision (1) of this subsection. Such evaluation drafts shall be provided to all Energy Conservation Management Board members, who may file public written comments on the draft with the department. At the request of any Energy Conservation Management Board member, a transcribed hearing shall be held to review the methodology, results and recommendations in any draft evaluation. At any such hearing, the department shall make available for cross examination the evaluation administrator and the evaluation contactor. A final evaluation will then be issued by the department. Impact evaluations shall use information obtained from program participants from real-time monitoring systems and billing analysis, whichever is most appropriate for the program or measure being evaluated, to ensure accurate validation and verification of energy use and effects on the state's load factor. Program and measure evaluation, measurement and verification shall be conducted on an ongoing basis, with an emphasis on impact and process evaluations, new programs or measures that have not been studied, and programs or measures that account for a relatively high percentage of program spending. The cost of the evaluation administrator and all costs associated with the evaluation contractors hired to perform evaluations shall be paid by the fund. An annual schedule and budget for evaluations necessary for compliance with the statute as well as the requirements of other funding entities shall be recommended by the electric distribution companies as part of the comprehensive plan. [(4)] (5) Programs included in the plan developed under subdivision (1) of this subsection may include, but not be limited to: (A) Conservation and load management programs, including programs that benefit low-income individuals; (B) research, development and commercialization of products or processes which are more energy-efficient than those generally available; (C) development of markets for such products and processes; (D) support for energy use assessment, real-time monitoring systems, engineering studies and services related to new construction or major building renovation; (E) the design, manufacture, commercialization and purchase of energy-efficient appliances and heating, air conditioning and lighting devices; (F) program planning and evaluation; (G) indoor air quality programs relating to energy conservation; (H) joint fuel conservation initiatives programs targeted at reducing consumption of more than one fuel resource; (I) public education regarding conservation; and (J) the demand-side technology programs recommended by the procurement plan approved by the Department of Public Utility Control pursuant to section 16a-3a. Such support may be by direct funding, manufacturers' rebates, sale price and loan subsidies, leases and promotional and educational activities. The plan shall also provide for expenditures by the Energy Conservation Management Board for the retention of expert consultants and reasonable administrative costs provided such consultants shall not be employed by, or have any contractual relationship with, an electric distribution company. Such costs shall not exceed five per cent of the total revenue collected from the assessment. Sec. 5. (NEW) (Effective October 1, 2011, and applicable to building permits issued on or after October 1, 2012) A municipality may, by ordinance adopted by its legislative body, require all new residential construction of three stories or less to meet federal Energy Star Qualified Home Standards. Sec. 6. (NEW) (Effective July 1, 2011) (a) As used in this section, (1) "Energy-savings measure" means any improvement to facilities or other energy-consuming systems designed to reduce energy or water consumption and operating costs and increase the operating efficiency of facilities or systems for their appointed functions. (2) "Energy savings measure" includes, but is not limited to, one or more of the following: (A) Replacement or modification of lighting and electrical components, fixtures or systems, including daylighting systems, improvements in street lighting efficiency or computer power management software; (B) Class I renewable energy or solar thermal systems; (C) Cogeneration systems that produce steam or forms of energy, such as heat or electricity, for use primarily within a building or complex of buildings; (D) Automated or computerized energy control systems; (E) Heating, ventilation or air conditioning system modifications or replacements; (F) Indoor air quality improvements that conform to applicable building code requirements; (G) Water-conserving fixtures, appliances and equipment or the substitution of non water-using fixtures, appliances and equipment, or water-conserving landscape irrigation equipment; and (H) Changes in operation and maintenance practices. (3) "Cost effective" means the present value to a state agency or municipality of the energy reasonably expected to be saved or produced by a facility, activity, measure or piece of equipment over its useful life, including any compensation received from a utility, is greater than the net present value of the costs of implementing, maintaining and operating such facility, activity, measure or piece of equipment over its useful life, when discounted at the cost of public borrowing. (4) "Operation and maintenance cost savings" means a measurable decrease in operation and maintenance costs and future replacement expenditures that is a direct result of the implementation of one or more utility cost-savings measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs. (5) "Qualified energy service provider" means a corporation with a record of successful energy performance contract projects experienced in the design, implementation and installation of energy efficiency and facility improvement measures, the technical capabilities to ensure such measures generate energy and operational cost savings, and the ability to secure the financing necessary to support energy savings guarantees. (6) "Utility cost savings" means any utility expenses eliminated or avoided on a long-term basis as a result of equipment installed or modified, or services performed by a qualified energy service provider; it does not include merely shifting personnel costs or similar short-term cost-savings. (7) "State agency" has the same meaning as provided in section 1-79 of the general statutes. (8) "Municipality" has the same meaning as provided in section 4-230 of the general statutes. (9) "Investment-grade audit" means a study by the qualified energy services provider selected for a particular energy performance contract project which includes detailed descriptions of the improvements recommended for the project, the estimated costs of the improvements, and the utility and operations and maintenance cost savings projected to result from the recommended improvements. (10) "Energy performance contract" means a contract between the state agency and a qualified energy service provider for evaluation, recommendation and implementation of one or more cost-savings measures. A performance contract shall be a (1) guaranteed energy savings performance contract, including, but not limited to, the design and installation of equipment and, if applicable, operation and maintenance of any of the measures implemented; and (2) guaranteed annual savings that meet or exceed the total annual contract payments made by the state agency or municipality for such contract, including financing charges to be incurred by the state agency over the life of the contract. (b) On or before January 1, 2012, the Energy Conservation Management Board, in consultation with the Office of Policy and Management, the Department of Administrative Services and the Department of Public Works, shall establish a standardized energy performance contract process for state agencies and municipalities. The standardized process shall include standard energy performance contract documents, including requests for qualifications, requests for proposals, investment-grade audit contracts, energy services agreements, including the form of the project savings guarantee, and project financing agreements. A municipality may use the established state contract or establish its own contract. (c) The Energy Conservation Management Board, in consultation with the Office of Policy and Management, shall help state agencies and municipalities identify, evaluate and implement cost-effective conservation projects at their facilities and create promotional materials to explain the energy performance contract program. (d) The Energy Conservation Management Board shall apprise state agencies and municipalities of opportunities to develop and finance energy performance contracting projects and provide technical and analytical support, including, but not limited to, (1) procurement energy performance contracting services; (2) reviewing verification procedures for energy savings; and (3) assisting in the structuring and arranging of financing for energy performance contracting projects. (e) The Office of Policy and Management may fix, charge and collect fees to cover costs incurred for any administrative support and resources or services provided under this subsection from the state agencies and municipalities that use its technical support services. State agencies may add the costs of these fees to the total cost of the energy performance contract. Initial administrative funding to establish the energy performance contracting process for state agencies and municipalities shall be recovered from the Energy Conservation Management Board. The Office of Policy and Management, in consultation with the Energy Conservation Management Board, shall develop a pool of public and private capital that state agencies can access to help finance energy-savings measures. (f) Energy performance contracts for state agencies shall include requests for qualifications or requests for proposals. (1) The Department of Administrative Services shall issue a request for qualifications from companies that can offer energy performance contract services to create a prequalified list of companies. A state agency shall use the prequalified list. A municipality may use the prequalified list and may use the established state contract or establish its own contract. (2) When reviewing requests for qualifications, the department shall consider a company's experience with (A) design, engineering, installation, maintenance and repairs associated with performance contracts; (B) conversions to a different energy or fuel source, associated with a comprehensive energy efficiency retrofit; (C) post-installation project monitoring, data collection and reporting of savings; (D) overall project management and qualifications; (E) accessing long-term financing; (F) financial stability; (G) projects of similar size and scope; and (H) other factors determined by the department to be relevant and appropriate. (3) Before entering an energy performance contract pursuant to this section, a state agency or municipality shall issue a request for proposals from up to three qualified energy service providers. A state agency or municipality may award the performance contract to the qualified energy service company or qualified provider that best meets the needs of the unit, which need not be the lowest cost provided. A cost-effective feasibility analysis shall be prepared in response to the request for proposals. (4) The feasibility analysis included in the response to the request for proposals shall serve as the selection document for purposes of selecting a qualified energy service provider to engage in final contract negotiations. Factors to be included in selecting among the selected energy service providers shall include, but not be limited to, (A) contract terms, (B) comprehensiveness of the proposal, (C) financial stability of the provider, (D) comprehensiveness of cost-savings measures, (E) experience, quality of technical approach, and (F) overall benefits to the state agency or municipality. (g) One qualified energy service provider selected as a result of the request for qualifications process set forth in subsection (f) of this section shall prepare an investment-grade energy audit, which, upon acceptance, shall be part of the final energy performance contract or energy services agreement entered into by the state agency. Such investment-grade energy audit shall include estimates of the amounts by which utility cost savings and operation and maintenance cost savings would increase and estimates of all costs of such utility cost-savings measures or energy-savings measures, including, but not limited to, (A) itemized costs of design, (B) engineering, (C) equipment, (D) materials, (E) installation, (F) maintenance, (G) repairs, and (H) debt service. If, after preparation of the investment grade energy audit, the state agency decides not to execute an energy services agreement and the costs and benefits described in the energy audit are not materially different from those described in the feasibility study submitted in response to the request for proposals, the state agency shall pay the costs incurred in preparing such investment- grade energy audit. In all other instances, the costs of the investment- grade energy audit shall be deemed part of the costs of the energy performance contract or energy services agreement. (h) The guidelines adopted pursuant to this section shall require that the cost savings projected by the qualified provider be reviewed by a licensed professional engineer who has a minimum of three years experience in energy calculation and review, is not an officer or employee of a qualified provider for the contract under review, and is not otherwise associated with the contract. In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment. An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract. (i) Each performance contract shall provide that all payments between parties, except obligations on termination of the contract before its expiration, shall be made over time and the objective of such energy performance contracts is implementation of cost-savings measures and energy and operational cost savings. (j) An energy performance contract, and payments provided thereunder, may extend beyond the fiscal year in which the energy performance contract became effective, subject to appropriation of moneys, if required by law, for costs incurred in future fiscal years. The energy performance contract may extend for a term not to exceed twenty years. The allowable length of the contract may also reflect the useful life of the cost-savings measures. Energy performance contracts may provide for payments over a period not to exceed deadlines specified in the energy performance contract from the date of the final installation of the cost-savings measures. (k) The energy performance contract may provide that reconciliation of the amounts owed under an energy performance contract shall occur in a period beyond one year with final reconciliation occurring within the term of the performance contract. Performance contracts shall include contingency provisions in the event that actual savings do not meet predicted savings. (l) The energy performance contract shall require the qualified provider to provide to the state agency or municipality an annual reconciliation of the guaranteed energy cost savings. If the reconciliation reveals a shortfall in annual energy cost savings, the qualified provider is liable for such shortfall. If the reconciliation reveals an excess in annual energy cost savings, the excess savings may not be used to cover potential energy cost savings shortages in subsequent contract years. (m) During the term of each energy performance contract, the qualified energy service company or qualified provider shall monitor the reductions in energy consumption and cost savings attributable to the cost-savings measures installed pursuant to the performance contract and shall, not less than annually, prepare and provide a report to the state agency or municipality documenting the performance of the cost-savings measures to the state agency or municipality. (n) The qualified provider or qualified energy service company and state agency or municipality may agree to modify savings calculations based on any of the following: (1) Subsequent material change to the baseline energy consumption identified at the beginning of the performance contract; (2) Changes in utility rates; (3) Changes in the number of days in the utility billing cycle; (4) Changes in the total square footage of the building; (5) Changes in the operational schedule of the facility; (6) Changes in facility temperature; (7) Material change in the weather; (8) Material changes in the amount of equipment or lighting used at the facility; or (9) Any other change which reasonably would be expected to modify energy use or energy costs. (o) Any state agency that enters into a performance-based contract pursuant to this section shall report the name of the project, the project host, the investment on the project and the expected energy savings to the Office of Policy and Management. (p) A state agency shall direct savings realized under the performance contract to contract payment and other required expenses and shall, when practicable, reinvest savings beyond that required for contract payment and other required expenses. Sec. 7. Section 16a-37u of the general statutes is amended by adding a new subsection (e) as follows (Effective July 1, 2011): (NEW) (e) Any state agency may enter into an energy performance contract with a qualified energy services provider to produce utility savings or operating and maintenance cost savings. Energy savings measures implemented under such contracts shall comply with state or local building codes. Any state agency may implement other capital improvements in conjunction with a performance contract so long as the measures that are being implemented to achieve energy and operations and maintenance cost savings and other capital improvements are in the aggregate cost effective over the term of the contract. Sec. 8. Section 16a-40f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) For the purposes of this section: (1) "Participating qualified nonprofit organizations" means individuals, nonprofit organizations and small businesses; (2) "Small business" means a business entity employing not more than fifty full-time employees; (3) "Eligible energy conservation project" means an energy conservation project meeting the criteria identified, as provided in subsection (d) of this section; and (4) "Participating lending institution" means any bank, trust company, savings bank, savings and loan association or credit union, whether chartered by the United States of America or this state, or any insurance company authorized to do business in this state that participates in the Green Connecticut Loan Guaranty Fund program. (b) The Connecticut Health and Educational Facilities Authority shall establish the Green Connecticut Loan Guaranty Fund program from the proceeds of the bonds issued pursuant to section 16a-40d for the purpose of guaranteeing loans made by participating lending institutions to a participating qualified nonprofit organization for eligible energy conservation projects, including for two or more joint eligible energy conservation projects. In carrying out the purposes of this section, the authority shall have and may exercise the powers provided in section 10a-180. (c) Participating qualified nonprofit organizations may borrow money from a participating lending institution for any energy conservation project for which the authority provides guaranties pursuant to this section. In connection with the provision of such a guaranty by the Connecticut Health and Educational Facilities Authority, (1) a participating qualified nonprofit organization shall enter into any loan or other agreement and make such covenants, representations and indemnities as a participating lending institution deems necessary or appropriate; and (2) a participating lending institution shall enter into a guaranty agreement with the authority, pursuant to which the authority has agreed to provide a first loss guaranty of an agreed percentage of the original principal amount of loans for eligible energy conservation projects. (d) In consultation with the Office of Policy and Management, the Connecticut Health and Educational Facilities Authority shall identify types of projects that qualify as eligible energy conservation projects, including, but not limited to, the purchase and installation of insulation, alternative energy devices, energy conservation materials, replacement furnaces and boilers, and technologically advanced energy-conserving equipment. The authority, in consultation with said office, shall establish priorities for financing eligible energy conservation projects based on need and quality determinants. The authority shall adopt procedures, in accordance with the provisions of section 1-121, to implement the provisions of this section. (e) The authority shall, in consultation with the Energy Conservation Management Board and the Renewable Energy Investments Board, (1) ensure that the program established pursuant to this section integrates with existing state energy efficiency and renewable energy programs; (2) establish performance targets for the program to ensure sufficient participation in the secondary financial markets and to operate in coordination with existing financing programs to enable efficiency improvements for at least fifteen per cent of single family homes in the state by 2020; (3) enter into contracts with one or more program implementers to perform such functions as the authority deems appropriate; (4) enter into financial partnership agreements with banks and other financial institutions to provide loan origination services; and (5) exercise such other powers as are necessary for the proper administration of the program. (f) Financial assistance provided by the authority pursuant to this section shall be subject to the following terms: (1) Eligible energy conservation projects shall meet cost-effectiveness standards adopted by the authority in consultation with the Energy Conservation Management Board and the Renewable Energy Investments Board. (2) Loans shall be at interest rates determined by the authority to be no higher than necessary to make the provision of the eligible energy conservation projects feasible. In determining whether to make a loan and the amount of any loan, the authority may consider whether the applicant or borrower has received, or is eligible to receive, financial assistance and other incentives from any other source for the qualified energy efficiency services which would be the subject of the loan. (3) The authority or its designee shall review and evaluate applications for financial assistance pursuant to this section pursuant to eligibility and qualification requirements and criteria established by said authority in consultation with the Energy Conservation Management Board and the Renewable Energy Investments Board. (4) The amount of a fee paid for an energy audit provided pursuant to this program may be added to the amount of a loan to finance the cost of an eligible project conducted in response to such energy audit. In such cases, the amount of the fee may be reimbursed from the fund to the borrower. This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2011 New section Sec. 2 October 1, 2011 New section Sec. 3 from passage New section Sec. 4 July 1, 2011 16-245m(d) Sec. 5 October 1, 2011, and applicable to building permits issued on or after October 1, 2012 New section Sec. 6 July 1, 2011 New section Sec. 7 July 1, 2011 16a-37u Sec. 8 from passage 16a-40f This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2011 New section Sec. 2 October 1, 2011 New section Sec. 3 from passage New section Sec. 4 July 1, 2011 16-245m(d) Sec. 5 October 1, 2011, and applicable to building permits issued on or after October 1, 2012 New section Sec. 6 July 1, 2011 New section Sec. 7 July 1, 2011 16a-37u Sec. 8 from passage 16a-40f Statement of Purpose: To require energy efficiency measures in new construction, to require disclosure of energy use in certain buildings and to obtain energy cost savings for state agencies and municipalities in Connecticut through rapid, effective and increased deployment of energy efficiency goods, services and practices. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]