| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING ENERGY RETROFITS FOR CERTAIN BUILDINGS AND THE DISCLOSURE OF THE ENERGY EFFICIENCY OF CERTAIN BUILDINGS. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. (NEW) (Effective October 1, 2012) (a) As used in this section, "residential building" means a structure that is intended to be or is used as a residence consisting of one to four dwelling units. |
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| 17 | 17 | | |
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| 18 | 18 | | (b) Each electric distribution company and gas company, as defined in section 16-1 of the general statutes, shall develop a program to allow any owner of a residential building to compare the electric or gas consumption of such building to the electric or gas consumption of similar buildings served by such company. On or before January 1, 2013, each such company shall submit a proposal for such program to the Public Utilities Regulatory Authority. The authority may approve or deny and request modification of any such proposal. The cost incurred by each such company for developing and implementing such program may be recovered from the Energy Efficiency Fund. |
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| 19 | 19 | | |
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| 20 | 20 | | Sec. 2. Section 16-245ii of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 21 | 21 | | |
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| 22 | 22 | | (a) As used in this section, "nonresidential building" means any building, except a residential building containing less than five dwelling units. |
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| 23 | 23 | | |
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| 24 | 24 | | (b) Commencing January 1, 2012, each electric distribution, electric and gas company shall maintain and make available to the public, free of charge, records of the energy consumption data of all typical 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. |
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| 25 | 25 | | |
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| 26 | 26 | | (c) On and after January 1, 2013, 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 a comparable system selected by the Public Utilities Regulatory Authority, and (2) that preserves the confidentiality of the customer. The authority may select different systems for different classes of buildings. Any system selected pursuant to this subsection shall evaluate the efficiency of the building systems of such building when such building systems are used under standardized conditions. |
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| 27 | 27 | | |
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| 28 | 28 | | (d) On and after January 1, 2013, 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 selected by the authority pursuant to subsection (c) of this section to benchmark such building's energy use. The electric distribution, electric or natural gas company shall maintain such data in a manner that preserves the confidentiality of the customer. |
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| 29 | 29 | | |
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| 30 | 30 | | (e) (1) Not later than January 1, 2014, and annually thereafter, any owner or operator of a nonresidential building with a total gross floor area of fifty thousand square feet or more that is offered for sale or lease to the state or any municipality shall benchmark such building's energy use by uploading such building's energy consumption data to the Energy Star portfolio manager or comparable system selected by the authority. On and after January 1, 2014, such owner or operator shall disclose the benchmarking data and ratings generated by such system for the most recent twelve-month period to the state or any municipality seeking to purchase or lease such building. On and after January 1, 2015, the Commissioner of Energy and Environmental Protection shall make such benchmarking data and ratings accessible to the public via an on-line database. |
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| 31 | 31 | | |
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| 32 | 32 | | (2) Not later than July 1, 2014, and annually thereafter, any owner or operator of a nonresidential building with a total gross floor area of twenty thousand square feet or more but less than fifty thousand square feet that is offered for sale or lease to the state or any municipality shall benchmark such building's energy use by uploading such building's energy consumption data to the Energy Star portfolio manager or comparable system selected by the authority. On and after July 1, 2014, such owner or operator shall disclose the benchmarking data and ratings generated by such system for the most recent twelve-month period to the state or any municipality seeking to purchase or lease such building. On and after July 1, 2015, the Commissioner of Energy and Environmental Protection shall make such benchmarking data and ratings accessible to the public via an on-line database. |
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| 33 | 33 | | |
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| 34 | 34 | | (3) Not later than January 1, 2015, and annually thereafter, any owner or operator of a nonresidential building with a total gross floor area of ten thousand square feet or more but less than twenty thousand square feet that is offered for sale or lease to the state or any municipality shall benchmark such building's energy use by uploading such building's energy consumption data to the Energy Star portfolio manager or comparable system selected by the authority. On and after January 1, 2015, such owner or operator shall disclose the benchmarking data and ratings generated by such system for the most recent twelve-month period to the state or any such municipality seeking to purchase or lease such building. On and after January 1, 2016, the Commissioner of Energy and Environmental Protection shall make such benchmarking data and ratings accessible to the public via an on-line database. |
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| 35 | 35 | | |
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| 36 | 36 | | (f) On or before July 1, 2013, the Secretary of the Office of Policy and Management shall benchmark the energy use of any nonresidential building with a total gross floor area of not less than ten thousand square feet owned or operated by the state or any state agency by uploading such building's energy consumption data to the Energy Star portfolio manager benchmarking tool or a comparable system. |
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| 37 | 37 | | |
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| 38 | 38 | | Sec. 3. Section 8-253a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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| 39 | 39 | | |
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| 40 | 40 | | In addition to the terms and conditions set forth in section 8-253, loans made by the authority hereunder shall also be subject to the following terms and conditions: |
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| 41 | 41 | | |
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| 42 | 42 | | (1) A loan hereunder may be prepaid after a period of twenty years or sooner with the permission of the authority, [;] provided [,] nonprofit mortgagors and mortgagors to whom loans are made on or after October 1, 1978, may prepay their loans prior to maturity only with the consent of the authority. The authority shall grant such consent if it finds (A) that it may reasonably be expected that the prepayment of the loan will not result in a material escalation of rents charged to occupants of the project; and (B) that the need for low and moderate income housing in the area concerned is no longer acute. |
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| 43 | 43 | | |
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| 44 | 44 | | (2) The interest rate on the loan shall be established by the authority at the lowest level consistent with the authority's cost of operation and its responsibilities to the holders of its bonds, bond anticipation notes and other obligations, except those loans made pursuant to subsection (32) of section 8-250. |
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| 45 | 45 | | |
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| 46 | 46 | | (3) The authority shall require the mortgagor or its contractor to post labor and materials and construction performance surety bonds, or enter into an escrow arrangement acceptable to the authority, in amounts related to the project cost as established by regulation, and to execute such other assurances and guarantees as the authority may deem necessary. |
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| 47 | 47 | | |
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| 48 | 48 | | (4) The loan shall be subject to an agreement between the authority and the mortgagor which will subject said mortgagor and its principals or stockholders to limitations established by the authority as to rentals, carrying charges, and other charges, profits and fees, and the disposition of its property and franchises to the extent more restrictive limitations are not provided in the law under which the mortgagor is incorporated or organized. |
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| 49 | 49 | | |
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| 50 | 50 | | (5) A loan to a mortgagor, other than a municipal developer or a nonprofit corporation having as one of its purposes the construction or rehabilitation of housing, shall be subject to an agreement between the authority and the mortgagor limiting the mortgagor, and its principals or stockholders, to such return on the mortgagor's equity in any project assisted with a loan from the authority as may be established or permitted by the authority. The mortgagor's equity in a project shall consist of the difference between the amount of the loan and the total project cost, whether or not such costs have been paid in cash or in a form other than cash. With respect to every project, the authority shall, pursuant to rules and regulations adopted by it, establish the mortgagor's equity after the acceptance as proper by the authority of the certification or other assurances of project cost from the mortgagor, provided in no case shall such figure ever be less than the mortgagor's original equity in such project. |
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| 51 | 51 | | |
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| 52 | 52 | | (6) No loan shall be executed, except a loan made to a municipal developer or a nonprofit corporation having as one of its purposes the construction or rehabilitation of housing, unless the mortgagor agrees (A) to certify upon completion of project construction or rehabilitation, subject to audit by the authority, either that the actual project cost as defined herein exceeded the amount of the loan proceeds by ten per cent or more, or the amount by which the loan proceeds exceed ninety per cent of total project cost, and (B) to pay forthwith to the authority, for application to reduction of principal of the loan, the amount, if any, of such excess loan proceeds, subject to audit and determination by the agency. No loan shall be made to a municipal developer or a nonprofit corporation unless such mortgagor agrees to certify the actual project cost upon completion of the project, and further agrees to pay forthwith to the authority, for application to reduction of the principal of the loan, the amount, if any, by which the proceeds of the loan exceed the certified project cost, subject to audit and determination by the authority. Notwithstanding the provisions of this subsection, the authority may accept, in lieu of any certification of project cost as provided herein, such other assurances of the said project cost, in any form or manner whatsoever, as will enable the authority to determine with reasonable accuracy the amount of said project cost. |
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| 53 | 53 | | |
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| 54 | 54 | | (7) As a condition of the loan, the authority shall have the power at all times during the construction and rehabilitation of a housing project and the operation thereof: (A) To enter upon and inspect without prior notice any project, including all parts thereof, for the purpose of investigating the physical and financial condition thereof, and its construction, rehabilitation, operation, management and maintenance, and to examine all books and records with respect to capitalization, income and other matters relating thereto and to make such charges as may be required to cover the cost of such inspections and examinations; (B) to order such alterations, changes or repairs as may be necessary to protect the security of its investment in a housing project or for the health, safety and welfare of the occupants thereof; (C) to order any managing agent, project manager or owner of a housing project to do such acts as may be necessary to comply with the provisions of all applicable laws and ordinances or any rule or regulation of the authority or the terms of any agreement concerning the said project or to refrain from doing any act in violation thereof and in this regard the authority shall be a proper party to file a complaint and to prosecute thereon for any violation of laws or ordinances as set forth herein; (D) to require the adoption and continuous use of uniform systems of accounts and records for a project and to require all owners or managers of same to file annual reports containing such information and verified in such manner as the authority shall require and to file at such times and on such forms as the authority may prescribe reports and answers to specific inquiries of the authority to determine the extent of compliance with any agreement, the terms of the loan, the provisions of this chapter and any other applicable law; [and] (E) to enforce, by court action if necessary, the terms and provisions of any agreement between the authority and the mortgagor as to schedules of rentals or carrying charges, aggregate family income limits as applied to applicants for housing or the occupants thereof, or any other limitation imposed upon the mortgagor as to financial structure, construction, operation, or disposition of the housing; and (F) to require that an energy audit of such housing project is conducted prior to the construction or rehabilitation of such project and that the recommendations of such energy audit concerning energy efficiency upgrades are implemented in such construction or rehabilitation, except no such audit or upgrades are required for any project concerning handicapped accessibility or any project that does not substantially affect energy consumption. |
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| 55 | 55 | | |
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| 56 | 56 | | (8) If, pursuant to subsection (29) of section 8-250, the authority appoints a majority of new directors to the board of directors of a mortgagor corporation, or appoints a new managing agent for an unincorporated association, the persons so appointed need not be stockholders or partners or meet other qualifications which may be prescribed by the articles of incorporation or other basic documents of organization or the bylaws of such mortgagor. In the absence of fraud or bad faith, the persons so appointed shall not be personally liable for the debts, obligations or liabilities of such mortgagor; and shall serve only for a period coexistent with the duration of the reasons for their appointment or until the authority is assured, in a manner satisfactory to it, that the need for such service no longer exists; and they shall serve as directors or managing agents for such compensation as the authority may determine and shall be entitled to be reimbursed for all necessary expenses incurred in the discharge of their duties as directors or managing agents of such mortgagor. |
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| 57 | 57 | | |
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| 58 | 58 | | Sec. 4. (NEW) (Effective October 1, 2012) Any owner of a residential building, as defined in section 1 of this act, that receives more than one thousand dollars of assistance from the Energy Efficiency Fund or Clean Energy Fund and any owner or operator of a nonresidential building, as defined in section 16-245ii of the general statutes, as amended by this act, that receives more than two thousand five hundred dollars of assistance from the Energy Efficiency Fund or Clean Energy Fund shall upload all of the energy consumption data for such building to the Energy Star portfolio manager or comparable system selected by the authority pursuant to section 16-245ii of the general statutes, as amended by this act, to benchmark such building's energy consumption data before and after such assistance is received. The Public Utilities Regulatory Authority shall make publically available the energy consumption data for any such building after such assistance was received, in a manner that preserves the confidentiality of the customer, including such customer's name and street address. |
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| 59 | 59 | | |
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| 60 | 60 | | |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | This act shall take effect as follows and shall amend the following sections: |
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| 64 | 64 | | Section 1 October 1, 2012 New section |
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| 65 | 65 | | Sec. 2 October 1, 2012 16-245ii |
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| 66 | 66 | | Sec. 3 October 1, 2012 8-253a |
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| 67 | 67 | | Sec. 4 October 1, 2012 New section |
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| 68 | 68 | | |
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| 69 | 69 | | This act shall take effect as follows and shall amend the following sections: |
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| 70 | 70 | | |
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| 71 | 71 | | Section 1 |
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| 72 | 72 | | |
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| 73 | 73 | | October 1, 2012 |
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| 74 | 74 | | |
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| 75 | 75 | | New section |
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| 76 | 76 | | |
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| 77 | 77 | | Sec. 2 |
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| 78 | 78 | | |
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| 79 | 79 | | October 1, 2012 |
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| 80 | 80 | | |
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| 81 | 81 | | 16-245ii |
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| 82 | 82 | | |
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| 83 | 83 | | Sec. 3 |
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| 84 | 84 | | |
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| 85 | 85 | | October 1, 2012 |
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| 86 | 86 | | |
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| 87 | 87 | | 8-253a |
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| 88 | 88 | | |
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| 89 | 89 | | Sec. 4 |
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| 90 | 90 | | |
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| 91 | 91 | | October 1, 2012 |
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| 92 | 92 | | |
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| 93 | 93 | | New section |
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| 94 | 94 | | |
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| 95 | 95 | | |
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| 96 | 96 | | |
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| 97 | 97 | | ET Joint Favorable Subst. |
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