General Assembly Raised Bill No. 450
February Session, 2012 LCO No. 2521
*02521_______ET_*
Referred to Committee on Energy and Technology
Introduced by:
(ET)
General Assembly
Raised Bill No. 450
February Session, 2012
LCO No. 2521
*02521_______ET_*
Referred to Committee on Energy and Technology
Introduced by:
(ET)
AN ACT CONCERNING ENERGY CONSERVATION AND RENEWABLE ENERGY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) The Fuel Oil Conservation Board shall establish and administer a fuel oil conservation account. The account shall be a separate, nonlapsing account within the General Fund and shall be funded by annual revenue from the tax imposed by section 12-587 of the general statutes on the sale of petroleum products gross earnings that is in excess of the amount of such revenue collected during the fiscal year ending June 30, 2011, provided not more than ten million dollars of such revenue shall be allocated to said account in any year. Said funds shall be deposited into the fuel oil conservation account.
(b) The Fuel Oil Conservation Board shall allocate specific amounts from the fuel oil conservation account established pursuant to subsection (a) of this section for the purpose of (1) replacing oil heating equipment of residential, commercial or industrial fuel oil customers with oil heating equipment that has an efficiency rating of not less than eighty-five per cent efficient, (2) installing oil heating equipment in buildings with electric resistance heating, and (3) making energy efficient improvements to buildings that use oil heating. Any moneys left in the account at the end of any fiscal year shall be transferred to the General Fund.
Sec. 2. (Effective from passage) On or before July 1, 2012, the Public Utilities Regulatory Authority shall initiate a docket to review the policies of the authority concerning any gas distribution line extension and modify, consistent with sections 16-19 and 16-19e of the general statutes, the criteria used for determining when such extension is in the interest of gas company ratepayers, including any maximum payback period. On or before January 1, 2013, the authority shall report, in accordance with the provisions of section 11-4a of the general statutes, the findings of such docket and any modification to such criteria to the joint standing committee of the General Assembly having cognizance of matters relating to energy.
Sec. 3. (NEW) (Effective from passage) (a) On or before July 1, 2012, the Department of Energy and Environmental Protection shall establish a natural gas transportation pilot program to facilitate the deployment of natural gas vehicles in municipalities. Such pilot program shall include not more than three partnerships between municipalities and a natural gas company to encourage the conversion of municipal vehicle fleets to natural gas and to develop natural gas refueling stations. As part of the partnership, (1) the municipality shall commit to acquire a minimum of ten medium or heavy-duty trucks and transit or school buses that operate on compressed natural gas; and (2) the gas company shall install, own and operate a refueling facility on its own property or on municipal property. Such refueling facility shall also be made available to persons other than the municipality.
(b) The department shall establish procedures for the pilot program developed pursuant to subsection (a) of this section. Such procedures shall include, but not be limited to, (1) establishment and criteria for grants to municipalities to reimburse the incremental cost of natural gas equipment; (2) development of a list of qualified suppliers to provide such vehicles; (3) development of selection criteria for participation in such pilot program; and (4) establishment of rates and charges for the delivery and supply of such compressed natural gas. Grants to municipalities shall not exceed five hundred thousand dollars per pilot community and shall be (A) provided from within existing appropriations of the Department of Transportation, or (B) recovered from the energy efficiency adjustment rate of the participating gas company.
(c) Notwithstanding title 16 of the general statutes, the Department of Energy and Environmental Protection and the Public Utilities Regulatory Authority shall allow a gas company to recover the reasonable costs of such pilot program on a timely basis, including a return on investment, which shall include adoption of an adjustment rate that uses a methodology consistent with rates approved pursuant to section 16-19b of the general statutes.
(d) On or before January 1, 2014, and annually thereafter, the department shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to transportation, energy and the environment regarding the progress of such program.
Sec. 4. (Effective from passage) The Department of Energy and Environmental Protection shall examine the costs and benefits of developing programs to (1) encourage conversion of buildings using heating oil to natural gas, and (2) increase the efficiency of heating oil use. On or before January 1, 2013, the department shall report, in accordance with the provisions of section 11-4a of the general statutes, the findings of such examination and recommendations concerning the implementation of such programs to the joint standing committee of the General Assembly having cognizance of matters relating to energy.
Sec. 5. (Effective from passage) The Department of Energy and Environmental Protection shall conduct a study, in consultation with the Department of Consumer Protection, to identify barriers to participation by heating oil dealers in the promotion of energy efficiency. On or before January 1, 2013, the department shall report, in accordance with the provisions of section 11-4a of the general statutes, the findings of such study and identify such barriers to the joint standing committee of the General Assembly having cognizance of matters relating to energy.
Sec. 6. Subsection (a) of section 20-417d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) A new home construction contractor shall (1) prior to entering into a contract with a consumer for new home construction, provide to the consumer a copy of the new home construction contractor's certificate of registration and a written notice that (A) discloses that the certificate of registration does not represent in any manner that such contractor's registration constitutes an endorsement of the quality of such person's work or of such contractor's competency by the commissioner, (B) advises the consumer to contact the Department of Consumer Protection to determine (i) if such contractor is registered in this state as a new home construction contractor, (ii) if any complaints have been filed against such contractor, and (iii) the disposition of any such complaints, (C) advises the consumer to request from such contractor a list of consumers of new homes constructed to completion by the contractor during the previous twenty-four months and to contact several individuals on the list to discuss the quality of such contractor's new home construction work, and (D) discloses each corporation, limited liability company, partnership, sole proprietorship or other legal entity, which is or has been a new home construction contractor under the provisions of this chapter or a home improvement contractor under the provisions of chapter 400, in which the owner or owners of the new home construction contractor providing the written notice required by this section are or have been a shareholder, member, partner or owner during the previous five years, (2) state in any advertisement, including any advertisement in a telephone directory, the fact that such contractor is registered, and (3) include such contractor's registration number in any such advertisement. The new home construction contractor, or his agent, shall also discuss with the consumer the installation of an automatic fire extinguishing system and inform such consumer of the availability of any state or federal incentives for installing energy efficient options in a new home.
Sec. 7. (NEW) (Effective July 1, 2012) Any contractor, prior to entering into a contract with a consumer for construction of any new commercial or industrial building, shall inform such consumer of any state or federal incentives for installing energy efficient options in such building.
Sec. 8. Section 16-32g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) Not later than January 1, 2008, and annually thereafter, each electric or electric distribution company shall submit to the Public Utilities Regulatory Authority a plan for the maintenance of poles, wires, conduits or other fixtures, along public highways or streets for the transmission or distribution of electric current, owned, operated, managed or controlled by such company, in such format as the authority shall prescribe. Such plan shall include a summary of appropriate staffing levels necessary for the maintenance of said fixtures and a program for the trimming of tree branches and limbs located in close proximity to overhead electric wires where such branches and limbs may cause damage to such electric wires. The authority shall review each plan and may issue such orders as may be necessary to ensure compliance with this section. The authority may require each electric or electric distribution company to submit an updated plan at such time and containing such information as the authority may prescribe. The authority shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section.
(b) Not later than October 1, 2012, each electric distribution company shall submit to the Public Utilities Regulatory Authority an application for approval of a ten-year plan to strengthen such company's electric distribution infrastructure and to improve the performance and resiliency of such company's infrastructure during any natural disaster. Such plan shall identify the operational, maintenance and capital projects deemed necessary by such company to improve electric system resiliency, including vegetation management, the costs of such projects and the expected benefit such projects would have on the electric system. Such plan shall include strategies for evaluating and preparing storm response resources, planning and drilling exercises with each municipality and the state and any other activity necessary to prepare for any natural disaster. Such plan shall include an analysis of the impact of such plan on ratepayers. The authority shall approve, or modify and approve, such plan not later than one hundred fifty days after such plan was submitted to the authority by any electric distribution company. After such approval, such company shall implement such plan. Such company shall file annual progress reports of the implementation of such plan with the authority. Every three years after such approval, the authority shall reexamine such plan and, to the extent necessary and practical, modify such plan. Eight years after the authority approves any plan submitted by any electric distribution company pursuant to this subsection, or upon the request of the authority, such company shall submit to the authority a new ten-year plan for the period following any such existing plan.
(c) Any electric distribution company may include in any application for approval of a ten-year plan submitted pursuant to subsection (b) of this section provisions for placing any portion of such company's facilities underground, including any feeder for any critical or emergency facility, that will improve the availability of electric service. Such company shall negotiate with any municipality to identify such undergrounding projects. Such company shall obtain preapproval of such project from the authority, provided such company shall recover any cost of such project from the municipality in which such project is located based on the benefit such municipality receives from such project or pursuant to subsection (e) of this section. Any such project shall be eligible for any state or federal incentive, grant or credit.
(d) Notwithstanding sections 16-19ss and 16-244e, any electric distribution company may include in any application for approval of a ten-year plan submitted pursuant to subsection (b) of this section provisions for such company to petition the authority to own and operate, on municipal or state property, any renewable resources facilities, combined heat and power systems and fuel cells that produce electric energy that will improve the availability of electric service to critical or emergency facilities during natural disasters or other emergencies. Any project owned or operated pursuant to this subsection shall initially entail renewable resources authorized pursuant to section 16-244v, as amended by this act. Such electric distribution company shall negotiate with the municipality in which such project is located to identify critical or emergency facilities at which such project is located and the terms of usage for such project. Such company shall obtain preapproval of such project from the authority, provided such company shall recover any cost of such project from the municipality in which such project is located based on the benefit such municipality receives from such project or pursuant to subsection (e) of this section. Any such project shall be eligible for any state or federal incentive, grant or credit including, but not limited to, those available under programs administered by the Clean Energy Finance and Investment Authority. Nothing in this subsection shall prevent an electric distribution company from proceeding with any project pursuant to section 16-244v, as amended by this act, prior to approval of such application on a pilot basis, provided such pilot program shall be limited to less than five municipalities.
(e) The authority shall allow the reasonable costs incurred by an electric distribution company preparing an application or implementing a plan approved pursuant to this section to be recovered in such company's systems benefits charge pursuant to section 16-245l, as amended by this act.
Sec. 9. Section 16-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) As used in this section, "utility clearance zone" means any rectangular area extending horizontally for a distance of ten feet from any outermost electrical conductor and vertically from the ground to the sky.
(b) No telegraph, telephone or electric light company or association, nor any company or association engaged in distributing electricity by wires or similar conductors or in using an electric wire or conductor for any purpose, shall exercise any powers which may have been conferred upon it to change the location of, or to erect or place, wires, conductors, fixtures, structures or apparatus of any kind over, on or under any highway or public ground, without the consent of the adjoining proprietors, or, if such company or association is unable to obtain such consent, without the approval of the Public Utilities Regulatory Authority, which shall be given only after a hearing upon notice to such proprietors; or to cut or trim any tree on or overhanging any highway, [or] utility right-of-way or easement, public ground, [without the consent of the owner thereof, or, if such company or association is unable to obtain such consent, without the approval of the tree warden or the consent of the authority, which consent shall be given only after] or any property abutting the property on which such tree or any limb of such tree may fall into any such wire or conductor as a result of any natural cause, including wind, snow, ice or disease, prior to (1) publication, in a newspaper of general circulation in the area in which such tree is located, of such company's or association's intent to cut or trim such tree or limb, and (2) providing notice to the municipal tree warden of the municipality in which such tree is located and the Commissioner of Transportation. The owner of any property adjoining the property on which such tree is located, such tree warden or the commissioner may object to the cutting or trimming of such tree by filing a formal objection with the authority not later than ten days after such publication or such notice was received. If such property owner, such tree warden or the commissioner files any such objection, a hearing [upon] shall be held by the authority and the authority shall provide notice of such hearing to such property owner, such tree warden or the commissioner; but the authority may, if it finds that public convenience and necessity require, authorize the changing of the location of, or the erection or placing of, such wires, conductors, fixtures, structures or apparatus over, on or under such highway or public ground; and the [tree warden in any town or the] authority may, if [he or] it finds that public convenience and necessity require, authorize the cutting and trimming and the keeping trimmed of any brush or tree in such town on or overhanging such highway or public ground, which action shall be taken only after notice and hearing as aforesaid, which hearing shall be held within a reasonable time after the [application] objection therefor.
(c) No telegraph, telephone or electric light company or association nor any company or association engaged in distributing electricity by wires or similar conductors or in using an electric wire or conductor for any purpose shall be required to provide notice for any tree cutting or trimming pursuant to subsection (b) of this section if such tree cutting or trimming removes branches, limbs and other vegetation inside the utility clearance zone and such tree has a diameter not greater than twelve inches when measured four and one-half feet above the ground.
Sec. 10. Subsection (a) of section 13a-140 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) The commissioner may cut, remove or prune any tree, shrub or other vegetation situated wholly or partially within the limits of any state highway so far as is reasonably necessary for safe and convenient travel thereon. No person, firm or corporation, and no officer, agent or employee of any municipal or other corporation, shall cut, remove or prune any tree, shrub or vegetation situated partially or wholly within the limits of any such highway without first obtaining from said commissioner a written permit therefor, provided however, that nothing contained in this [subsection] section shall limit the rights of public service companies, as defined in section 16-1, as amended by this act, to cut and trim trees and branches and otherwise protect their lines, wires, conduits, cables and other equipment from encroaching vegetation pursuant to section 16-234, as amended by this act. [No such permit shall be issued by the commissioner unless the chief elected official of the municipality in which any tree with a diameter greater than eighteen inches is situated is notified in writing. The notice shall include the location and a description of such tree to be cut or removed.] No such permit for the removal of any such tree, shrub or vegetation shall be refused if such removal is necessary for that use of such adjoining land which is of the highest pecuniary value. If such permit is refused on any state highway right-of-way, where the state does not own the right-of-way in fee, the owner of such tree, shrub or vegetation may, within thirty days thereafter, request said commissioner in writing to purchase or condemn an easement for the purpose of maintaining such tree, shrub or vegetation and, if said commissioner does not purchase the same, he shall condemn it, in the manner provided for the condemnation of land for the construction, alteration, extension or widening of state highways. Any payment so made shall be from funds appropriated to the Department of Transportation. Said commissioner may plant, set out and care for trees, shrubs or vegetation within the limits of such highways and, by agreement with the owner of land adjoining such highways, upon such adjoining land. Upon request in writing within thirty days of planting of trees, shrubs or vegetation to delimit boundaries of a highway by an adjoining owner not agreeing thereto, said commissioner shall purchase or condemn an easement for the purpose of maintaining such tree, shrub or vegetation in the manner provided in this subsection. When the removal of such tree, shrub or vegetation is necessary for that use of such adjoining land which is of the highest pecuniary value, said commissioner shall remove the same upon payment to him of all sums paid for said planting and for any such easement with interest at the rate of six per cent per annum. Any person, firm or corporation cutting, removing, damaging or pruning any tree, shrub or vegetation in violation of the provisions of this subsection, whether it was planted by the commissioner or not, without a permit from said commissioner, shall be fined not more than one thousand dollars for each such violation and shall be liable civilly for any damage in an action brought by said commissioner.
Sec. 11. Section 23-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) Any person, firm or corporation which affixes to a telegraph, telephone, electric light or power pole, or to a tree, shrub, rock or other natural object in any public way or grounds, a playbill, picture, notice, advertisement or other similar thing, or cuts, paints or marks such tree, shrub, rock or other natural object, except for the purpose of protecting it or the public and under a written permit from the town tree warden, the borough tree warden, city forester or Commissioner of Transportation, as the case may be, or, without the consent of the tree warden or of the officer with similar duties, uses climbing spurs for the purpose of climbing any ornamental or shade tree within the limits of any public highway or grounds, shall be fined not more than fifty dollars for each offense.
(b) Any person, firm or corporation, other than a tree warden or deputy tree warden, who removes, prunes, injures or defaces any shrub or ornamental or shade tree, within the limits of a public way or grounds, without the legal right or written permission of the town tree warden, the borough tree warden, the city forester, the Commissioner of Transportation, the Public Utilities Regulatory Authority or other authority having jurisdiction, may be ordered by the court in any action brought by the property owner or the authority having jurisdiction affected thereby to restore the land to its condition as it existed prior to such violation or shall award the landowner the costs of such restoration, including reasonable management costs necessary to achieve such restoration, reasonable attorney's fees and costs and such injunctive or equitable relief as the court deems appropriate. In addition, the court may award damages of up to five times the cost of restoration or statutory damages of up to five thousand dollars. In determining the amount of the award, the court shall consider the willfulness of the violation, the extent of damage done to natural resources, if any, the appraised value of the shrub or ornamental or shade tree, any economic gain realized by the violator and any other relevant factors. The appraised value shall be determined by the town tree warden, the borough tree warden, the city forester, the Commissioner of Transportation, the Public Utilities Regulatory Authority or other authority having jurisdiction and shall be determined in accordance with regulations adopted by the Commissioner of Energy and Environmental Protection. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to develop guidelines for such plant appraisal. The regulations may incorporate by reference the latest revision of The Guide for Plant Appraisal, as published by the International Society of Arboriculture, Urbana, Illinois. Until such time as regulations are adopted, appraisals may be made in accordance with said Guide for Plant Appraisal. The provisions of this subsection shall not apply to any public service company acting in accordance with section 16-234, as amended by this act.
(c) Any person, firm or corporation which deposits or throws any advertisement within the limits of any public way or grounds, or upon private premises or property, unless the same is left at the door of the residence or place of business of the occupant of such premises or property, or deposits or throws any refuse paper, camp or picnic refuse, junk or other material within the limits of any public way or grounds, except at a place designated for that purpose by the authority having supervision and control of such public way or grounds, or upon private premises or property without permission of the owner thereof, or affixes to or maintains upon any tree, rock or other natural object within the limits of a public way or grounds any paper or advertisement other than notices posted in accordance with the provisions of the statutes, or affixes to or maintains, upon the property of another without his consent, any word, letter, character or device intended to advertise the sale of any article, shall be fined not more than fifty dollars or imprisoned not more than six months or both for each offense.
(d) The removal, pruning or wilful injury of any shrub or ornamental or shade tree, or the use of climbing spurs upon any ornamental or shade tree without the consent of the tree warden or of the officer with similar duties or the affixing of any playbill, picture, notice, advertisement or other similar thing concerning the business or affairs of any person, firm or corporation, to a pole, shrub, tree, rock or other natural object, within the limits of any public way or grounds in violation of the provisions of this section by an agent or employee of such person, firm or corporation, shall be deemed to be the act of such person, firm or corporation, and such person, or any member of such firm or any officer of such corporation, as the case may be, shall be subject to the penalty herein provided, unless such act is shown to have been done without his knowledge or consent.
(e) The affixing of each individual playbill, picture, notice, advertisement or other similar thing to a pole, shrub, tree, rock or other natural object, or the wilful removing, pruning, injuring or defacing of each shrub or tree, or the throwing of each individual advertisement or lot of refuse paper or other material within the limits of any public way or grounds or on private premises, shall constitute a separate violation of the provisions of this section. Nothing in this section shall affect the authority of a tree warden, either by himself or by a person receiving a written permit from him, to remove, prune or otherwise deal with a shrub or tree under his jurisdiction.
[(f) Any person, firm or corporation, other than a tree warden or his deputy, who desires the cutting or removal, in whole or in part, of any tree or shrub or part thereof within the limits of any public road or grounds, may apply in writing to the town tree warden, the borough tree warden or the Commissioner of Transportation or other authority having jurisdiction thereof for a permit so to do. Upon receipt of such permit, but not before, he may proceed with such cutting or removal. Before granting or denying such permit, such authority may hold a public hearing as provided in section 23-59, and when the applicant is a public utility corporation, the party aggrieved by such decision may, within ten days, appeal therefrom to the Public Utilities Regulatory Authority, which shall have the power to review, confirm, change or set aside the decision appealed from and its decision shall be final. This shall be in addition to the powers granted to it under section 16-234, provided, if an application for such permit has been made to either a tree warden or the Commissioner of Transportation or other authority and denied by him, an application for a permit for the same relief shall not be made to any other such authority. Upon any approval of such a permit by the Commissioner of Transportation, he shall notify the tree warden for the town in which the tree is located. Upon any approval of such a permit by the Commissioner of Transportation, the permittee shall notify the tree warden for the town in which the tree is located prior to cutting any such tree.]
Sec. 12. Section 16-245l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) The Public Utilities Regulatory Authority shall establish and each electric distribution company shall collect a systems benefits charge to be imposed against all end use customers of each electric distribution company beginning January 1, 2000. The authority shall hold a hearing that shall be conducted as a contested case in accordance with chapter 54 to establish the amount of the systems benefits charge. The authority may revise the systems benefits charge or any element of said charge as the need arises. The systems benefits charge shall be used to fund (1) the expenses of the public education outreach program developed under subsections (a), (f) and (g) of section 16-244d other than expenses for authority staff, (2) the reasonable and proper expenses of the education outreach consultant pursuant to subsection (d) of section 16-244d, (3) the cost of hardship protection measures under sections 16-262c and 16-262d and other hardship protections, including, but not limited to, electric service bill payment programs, funding and technical support for energy assistance, fuel bank and weatherization programs and weatherization services, (4) the payment program to offset tax losses described in section 12-94d, (5) any sums paid to a resource recovery authority pursuant to subsection (b) of section 16-243e, (6) low income conservation programs approved by the Public Utilities Regulatory Authority, (7) displaced worker protection costs, (8) unfunded storage and disposal costs for spent nuclear fuel generated before January 1, 2000, approved by the appropriate regulatory agencies, (9) postretirement safe shutdown and site protection costs that are incurred in preparation for decommissioning, (10) decommissioning fund contributions, (11) the costs of temporary electric generation facilities incurred pursuant to section 16-19ss, (12) operating expenses for the Connecticut Energy Advisory Board, (13) costs associated with the Connecticut electric efficiency partner program established pursuant to section 16-243v, (14) reinvestments and investments in energy efficiency programs and technologies pursuant to section 16a-38l, costs associated with the electricity conservation incentive program established pursuant to section 119 of public act 07-242, [and] (15) legal, appraisal and purchase costs of a conservation or land use restriction and other related costs as the authority in its discretion deems appropriate, incurred by a municipality on or before January 1, 2000, to ensure the environmental, recreational and scenic preservation of any reservoir located within this state created by a pump storage hydroelectric generating facility, (16) incremental capital and operating costs related to preparation and implementation of any plan approved pursuant to section 16-32g, as amended by this act, or any tree cutting or trimming performed pursuant to section 16-234, as amended by this act, and (17) the cost of the study of the operation of the regional independent system operator initiated by the Department of Energy and Environmental Protection pursuant to section 35 of public act 11-80. As used in this subsection, "displaced worker protection costs" means the reasonable costs incurred, prior to January 1, 2008, (A) by an electric supplier, exempt wholesale generator, electric company, an operator of a nuclear power generating facility in this state or a generation entity or affiliate arising from the dislocation of any employee other than an officer, provided such dislocation is a result of (i) restructuring of the electric generation market and such dislocation occurs on or after July 1, 1998, or (ii) the closing of a Title IV source or an exempt wholesale generator, as defined in 15 USC 79z-5a, on or after January 1, 2004, as a result of such source's failure to meet requirements imposed as a result of sections 22a-197 and 22a-198 and this section or those Regulations of Connecticut State Agencies adopted by the Department of Energy and Environmental Protection, as amended from time to time, in accordance with Executive Order Number 19, issued on May 17, 2000, and provided further such costs result from either the execution of agreements reached through collective bargaining for union employees or from the company's or entity's or affiliate's programs and policies for nonunion employees, and (B) by an electric distribution company or an exempt wholesale generator arising from the retraining of a former employee of an unaffiliated exempt wholesale generator, which employee was involuntarily dislocated on or after January 1, 2004, from such wholesale generator, except for cause. "Displaced worker protection costs" includes costs incurred or projected for severance, retraining, early retirement, outplacement, coverage for surviving spouse insurance benefits and related expenses. "Displaced worker protection costs" does not include those costs included in determining a tax credit pursuant to section 12-217bb.
(b) The amount of the systems benefits charge shall be determined by the authority in a general and equitable manner and shall be imposed on all end use customers of each electric distribution company at a rate that is applied equally to all customers of the same class in accordance with methods of allocation in effect on July 1, 1998, provided the [system] systems benefits charge shall not be imposed on customers receiving services under a special contract which is in effect on July 1, 1998, until such special contracts expire. The [system] systems benefits charge shall be imposed beginning on January 1, 2000, on all customers receiving services under a special contract which are entered into or renewed after July 1, 1998. The systems benefits charge shall have a generally applicable manner of determination that may be measured on the basis of percentages of total costs of retail sales of generation services. The systems benefits charge shall be payable on an equal basis on the same payment terms and shall be eligible or subject to prepayment on an equal basis. Any exemption of the systems benefits charge by customers under a special contract shall not result in an increase in rates to any customer.
Sec. 13. Subsection (a) of section 16-1 of the 2012 supplement to the general statutes is amended by adding subdivision (53) as follows (Effective July 1, 2012):
(NEW) (53) "Micro-grid" means a localized configuration of load and one or more customer-side distributed resources, as defined in subdivision (40) of subsection (a) of this section, that operates connected to and synchronous with the electric distribution and transmission system and has the ability to disconnect and function autonomously as necessary to ensure local reliability, including, but not limited to, any combined heat and power system that qualifies as a Class III source, as defined in subdivision (44) of subsection (a) of this section.
Sec. 14. Section 16-245a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) An electric supplier and an electric distribution company providing standard service or supplier of last resort service, pursuant to section 16-244c, shall demonstrate:
(1) On and after January 1, 2006, that not less than two per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(2) On and after January 1, 2007, not less than three and one-half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(3) On and after January 1, 2008, not less than five per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(4) On and after January 1, 2009, not less than six per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(5) On and after January 1, 2010, not less than seven per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(6) On and after January 1, 2011, not less than eight per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(7) On and after January 1, 2012, not less than nine per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(8) On and after January 1, 2013, not less than ten per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(9) On and after January 1, 2014, not less than eleven per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(10) On and after January 1, 2015, not less than twelve and one-half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(11) On and after January 1, 2016, not less than fourteen per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(12) On and after January 1, 2017, not less than fifteen and one-half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(13) On and after January 1, 2018, not less than seventeen per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(14) On and after January 1, 2019, not less than nineteen and one-half per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources;
(15) On and after January 1, 2020, not less than twenty per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources and an additional three per cent of the total output or services shall be from Class I or Class II renewable energy sources.
(b) An electric supplier or electric distribution company may satisfy the requirements of this section (1) by purchasing certificates issued by the New England Power Pool Generation Information System, provided the certificates are for (A) energy produced by a generating unit using Class I or Class II renewable energy sources and the generating unit is located in the jurisdiction of the regional independent system operator, [or] (B) energy produced by a micro-grid, or (C) energy imported into the control area of the regional independent system operator pursuant to New England Power Pool Generation Information System Rule 2.7(c), as in effect on January 1, 2006; (2) for those renewable energy certificates under contract to serve end-use customers in the state on or before October 1, 2006, by participating in a renewable energy trading program within said jurisdictions as approved by the Public Utilities Regulatory Authority; or (3) by purchasing eligible renewable electricity and associated attributes from residential customers who are net producers. Any Class I renewable energy certificate may be used to satisfy the requirements of this section in the year during which such certificate is generated and the following two years.
(c) On and after January 1, 2012, not less than twenty-five per cent of the applicable requirements established in subsection (a) of this section shall be generated from micro-grids. The percentage established pursuant to this subsection shall serve as an offset to the renewable portfolio standards established pursuant to subsection (a) of this section and shall reduce the corresponding Class I renewable energy requirement.
[(c)] (d) Any supplier who provides electric generation services solely from a Class II renewable energy source shall not be required to comply with the provisions of this section.
[(d)] (e) An electric supplier or an electric distribution company shall base its demonstration of generation sources, as required under subsection (a) of this section on historical data, which may consist of data filed with the regional independent system operator.
[(e)] (f) (1) A supplier or an electric distribution company may make up any deficiency within its renewable energy portfolio within the first three months of the succeeding calendar year or as otherwise provided by generation information system operating rules approved by New England Power Pool or its successor to meet the generation source requirements of subsection (a) of this section for the previous year.
(2) No such supplier or electric distribution company shall receive credit for the current calendar year for generation from Class I or Class II renewable energy sources pursuant to this section where such supplier or distribution company receives credit for the preceding calendar year pursuant to subdivision (1) of this subsection.
[(f)] (g) The authority shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
[(g)] (h) (1) Notwithstanding the provisions of this section and section 16-244c, for periods beginning on and after January 1, 2008, each electric distribution company may procure renewable energy certificates from Class I, Class II and Class III renewable energy sources through long-term contracting mechanisms. The electric distribution companies may enter into long-term contracts for not more than fifteen years to procure such renewable energy certificates. The electric distribution companies shall use any renewable energy certificates obtained pursuant to this section to meet their standard service and supplier of last resort renewable portfolio standard requirements.
(2) On or before July 1, 2007, the authority shall initiate a contested case proceeding to examine whether long-term contracts should be used to procure Class I, Class II and Class III certificates. In such examination, the authority shall determine (A) the impact of such contracts on price stability, fuel diversity and cost; (B) the method and timing of crediting of the procurement of renewable energy certificates against the renewable portfolio standard purchase obligations of electric suppliers and the electric distribution companies pursuant to subsection (a) of this section; (C) the terms and conditions, including reasonable performance assurance commitments, that may be imposed on entities seeking to supply renewable energy certificates; (D) the level of one-time compensation, not to exceed one mill per kilowatt hour of output and services associated with the renewable energy certificates purchased pursuant to this subsection, which may be payable to the electric distribution companies for administering the procurement provided for under this subsection and recovered as part of the generation services charge or through an appropriate nonbypassable rate component on customers' bills; (E) the manner in which costs for such program may be recovered from electric distribution company customers; and (F) any other issues the authority deems appropriate. Revenues from such compensation shall not be included in calculating the electric distribution companies' earnings to determine if rates are just and reasonable, for earnings sharing mechanisms or for purposes of sections 16-19, 16-19a and 16-19e.
Sec. 15. (NEW) (Effective from passage) On or before January 1, 2013, the Public Utilities Regulatory Authority shall conduct a proceeding to review and, as appropriate, eliminate any disparity between each electric distribution company concerning any demand charge for geothermal systems.
Sec. 16. (NEW) (Effective July 1, 2012) Notwithstanding the provisions of section 16-1 of the general statutes, as amended by this act, no person using wires, conduits or other fixtures along public highways or streets to transmit or distribute electricity between facilities owned by such person, provided such electricity is for the exclusive use of such person, will be deemed an electric distribution company.
Sec. 17. Subparagraph (B) of subdivision (2) of subsection (f) of section 16-245o of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(B) For door-to-door sales to customers with a maximum demand of one hundred kilowatts, which shall include the sale of electric generation services in which the electric supplier, aggregator or agent of an electric supplier or aggregator solicits the sale and receives the customer's agreement or offer to purchase at a place other than the seller's place of business, provided such agreement or offer to purchase resulted from an unsolicited sales call, be conducted (i) in accordance with any municipal and local ordinances regarding door-to-door solicitations, (ii) between the hours of ten o'clock a.m. and six o'clock p.m., [unless the customer schedules an earlier or later appointment,] and (iii) with both English and Spanish written materials available. Any representative of an electric supplier, aggregator or agent of an electric supplier or aggregator shall prominently display or wear a photo identification badge stating the name of such person's employer or the electric supplier the person represents.
Sec. 18. Subsection (b) of section 16-244r of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(b) Solicitations conducted by the electric distribution company shall be for the purchase of renewable energy credits produced by eligible customer-sited generating projects over the duration of the long-term contract. For purposes of this section, a long-term contract is a contract for fifteen years. Such renewable energy credits shall be eligible for use in renewable energy portfolio standards compliance in the year during which such credits are generated and the following two years.
Sec. 19. Subsection (b) of section 16-244t of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(b) Solicitations conducted by the electric distribution company shall be for the purchase of renewable energy credits produced by eligible customer-sited generating projects over the duration of the contract. Such renewable energy credits shall be eligible for use in renewable energy portfolio standards compliance in the year during which such credits are generated and the following two years.
Sec. 20. Section 16-244v of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Notwithstanding subsection (a) of section 16-244e, an electric distribution company, or owner or developer of generation projects that emit no pollutants, may submit a proposal to the Department of Energy and Environmental Protection to build, own or operate one or more generation facilities up to an aggregate of thirty megawatts, except as provided in subsection (e) of this section, using Class I renewable energy sources as defined in section 16-1, as amended by this act, from July 1, 2011, to July 1, 2013. On or before October 1, 2012, the department will conduct a proceeding to determine the anticipated cost to ratepayers of such facilities. Each facility shall be greater than one megawatt but not more than five megawatts. Each electric distribution company may enter into joint ownership agreements, partnerships or other agreements with private developers to carry out the provisions of this section. The aggregate ownership for an electric distribution company pursuant to this section shall not exceed ten megawatts, except as provided in subsection (e) of this section. The department shall evaluate such proposals pursuant to sections 16-19 and 16-19e and may approve one or more of such proposals if it finds that the proposal serves the long-term interest of ratepayers. The department (1) shall not approve any proposal supported in any form of cross subsidization by entities affiliated with the electric distribution company, and (2) shall give preference to proposals that make efficient use of existing sites and supply infrastructure. No such company may, under any circumstances, recover more than the full costs identified in a proposal, as approved by the department. Nothing in this section shall preclude the resale or other disposition of energy or associated renewable energy credits purchased by the electric distribution company, provided the distribution company shall net the cost of payments made to projects under the long-term contracts against the proceeds of the sale of energy or renewable energy credits and the difference shall be credited or charged to distribution customers through a reconciling component of electric rates as determined by the authority that is nonbypassable when switching electric suppliers.
(b) The company shall use the power, capacity and related products produced by such facility to meet the needs of customers served pursuant to section 16-244c.
(c) Notwithstanding the provisions of subdivision (1) of subsection (j) of section 16-244c, the amount of renewable energy produced from such facilities shall be applied to reduce the electric distribution company's Class I renewable energy source portfolio standard obligations.
(d) The department shall evaluate the proposals approved pursuant to this section and report in accordance with the provisions of section 11-4a to the joint standing committee of the General Assembly having cognizance of matters relating to energy whether proposals shall be accepted beyond July 1, 2013.
(e) Notwithstanding the provisions of subsection (a) of this section, the department may approve proposals to build, own or operate generation facilities using Class I renewable energy sources that exceed an aggregate of thirty megawatts, or may approve any aggregate ownership for any electric distribution company owning any such facility that exceeds ten megawatts, if the department determines that the cost to ratepayers of any such facility is lower than the cost anticipated by the department pursuant to the proceeding held in accordance with subsection (a) of this section, in which case the department may approve such proposals exceeding an aggregate of thirty megawatts or any such ownership exceeding ten megawatts for any electric distribution company by any amount of megawatts that reflects the difference between the anticipated cost pursuant to any proceeding conducted by the authority pursuant to subsection (a) of this section after the effective date of this section to ratepayers of such facility and the actual cost to ratepayers of such facility.
Sec. 21. Section 16a-46h of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Each electric, gas or heating fuel customer, regardless of heating source, shall be assessed the same fees, charges, co-pays or other similar terms to access any audits administered by the Home Energy Solutions program [, provided the costs of subsidizing such audits to ratepayers whose primary source of heat is not electricity or natural gas shall not exceed five hundred thousand dollars per year] for the period of time funding is available for such audits pursuant to the comprehensive plan approved by the Commissioner of Energy and Environmental Protection in accordance with section 16-245m.
Sec. 22. (NEW) (Effective July 1, 2012) Not later than July 1, 2013, the State Building Inspector and the Codes and Standards Committee shall revise the State Building Code adopted pursuant to section 29-252 of the general statutes to (1) provide for an electric vehicle infrastructure to support any make, model or type of electric vehicle, including a plug-in electric vehicle or an electric vehicle capable of being charged by a forty-ampere, two hundred forty-volt electrical charging circuit, (2) provide for bidirectional charging without significant upgrading, provided electrical distribution companies have achieved the capability to draw electricity from electric vehicles connected to the utility grid, and (3) require all new residential and certain commercial construction to have the capacity to support such infrastructure.
Sec. 23. (NEW) (Effective July 1, 2012) Any hybrid or alternative fuel vehicle may be driven on any state limited access highway lane designated for use by high occupancy vehicles regardless of the number of occupants of such hybrid or alternative fuel vehicle. For purposes of this section, "hybrid or alternative fuel vehicle" means a passenger car that (1) is hydrogen fuel-cell powered, or (2) draws acceleration energy from two onboard sources of stored energy that consists of either an internal combustion or heat engine which uses combustible fuel and a rechargeable energy storage system.
Sec. 24. (NEW) (Effective July 1, 2012) There is established an account to be known as the "electric vehicle infrastructure support account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Public Utilities Regulatory Authority for the purposes of providing grants to businesses seeking to upgrade infrastructure to support the use of electric and hydrogen fuel-cell powered vehicles state-wide.
Sec. 25. Subdivision (110) of section 12-412 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012, and applicable to sales on and after July 1, 2012):
(110) On and after January 1, 2008, and prior to July 1, [2010] 2014, the sale of any hydrogen fuel cell or electric passenger motor vehicle, as defined in section 14-1. [, that has a United States Environmental Protection Agency estimated city or highway gasoline mileage rating of at least forty miles per gallon.]
Sec. 26. Subdivision (16) of section 38a-816 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(16) Failure to pay, as part of any claim for a damaged motor vehicle under any automobile insurance policy where the vehicle has been declared to be a constructive total loss, an amount equal to the sum of (A) the settlement amount on such vehicle plus, whenever the insurer takes title to such vehicle, (B) an amount determined by multiplying such settlement amount by a percentage equivalent to the current sales tax rate established in section 12-408, provided the insured paid sales tax on such vehicle. For purposes of this subdivision, "constructive total loss" means the cost to repair or salvage damaged property, or the cost to both repair and salvage such property, equals or exceeds the total value of the property at the time of the loss.
Sec. 27. (NEW) (Effective from passage) (a) For the purposes of this section: (1) "Level III fast charging station" means a facility for charging electric vehicles with equipment that uses direct current energy from an off-board charger; and (2) "off-board charger" means a device for charging an electric vehicle that is not mounted inside such vehicle.
(b) The Commissioner of Energy and Environmental Protection shall develop a plan to promote the use of electric vehicles in the state and to facilitate the state-wide installation of Level III fast charging stations. Such plan shall identify the resources necessary to promote such state-wide installation. On or before February 1, 2013, the commissioner shall submit such plan, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to energy and technology.
Sec. 28. Subsection (f) of section 16a-40l of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) On or before October 1, 2011, the department shall begin accepting applications for financial incentives for combined heat and power systems of not more than [one megawatt] five megawatts of power. To qualify for such financial incentives, such combined heat and power system shall reduce energy costs at an amount equal to or greater than the amount of the installation cost of the system within ten years of the installation. The department shall review the current market conditions for such systems, including any existing federal or state financial incentives, and determine the appropriate financial incentives under this program necessary to encourage installation of such systems. Such financial incentives may include providing private financial institutions with loan loss protection or grants to lower borrowing costs. Financial incentives pursuant to this subdivision shall not exceed [two] five hundred dollars per kilowatt. The Department of Energy and Environmental Protection shall determine any such financial incentive based on criteria established by the department that maximizes deployment of cost-effective combined heat and power systems and encourages economic development in the state. A project accepted for such incentives shall qualify for a waiver of (1) the backup power rate under section 16-243o, and (2) the requirement to provide baseload electricity under section 16-243i. Any purchase of natural gas for any combined heat and power system installed pursuant to this subdivision shall not include a distribution charge pursuant to section 16-243l.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 July 1, 2012 20-417d(a)
Sec. 7 July 1, 2012 New section
Sec. 8 July 1, 2012 16-32g
Sec. 9 July 1, 2012 16-234
Sec. 10 July 1, 2012 13a-140(a)
Sec. 11 July 1, 2012 23-65
Sec. 12 July 1, 2012 16-245l
Sec. 13 July 1, 2012 16-1(a)
Sec. 14 July 1, 2012 16-245a
Sec. 15 from passage New section
Sec. 16 July 1, 2012 New section
Sec. 17 July 1, 2012 16-245o(f)(2)(B)
Sec. 18 July 1, 2012 16-244r(b)
Sec. 19 July 1, 2012 16-244t(b)
Sec. 20 from passage 16-244v
Sec. 21 from passage 16a-46h
Sec. 22 July 1, 2012 New section
Sec. 23 July 1, 2012 New section
Sec. 24 July 1, 2012 New section
Sec. 25 July 1, 2012, and applicable to sales on and after July 1, 2012 12-412(110)
Sec. 26 July 1, 2012 38a-816(16)
Sec. 27 from passage New section
Sec. 28 from passage 16a-40l(f)
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
New section
Sec. 2
from passage
New section
Sec. 3
from passage
New section
Sec. 4
from passage
New section
Sec. 5
from passage
New section
Sec. 6
July 1, 2012
20-417d(a)
Sec. 7
July 1, 2012
New section
Sec. 8
July 1, 2012
16-32g
Sec. 9
July 1, 2012
16-234
Sec. 10
July 1, 2012
13a-140(a)
Sec. 11
July 1, 2012
23-65
Sec. 12
July 1, 2012
16-245l
Sec. 13
July 1, 2012
16-1(a)
Sec. 14
July 1, 2012
16-245a
Sec. 15
from passage
New section
Sec. 16
July 1, 2012
New section
Sec. 17
July 1, 2012
16-245o(f)(2)(B)
Sec. 18
July 1, 2012
16-244r(b)
Sec. 19
July 1, 2012
16-244t(b)
Sec. 20
from passage
16-244v
Sec. 21
from passage
16a-46h
Sec. 22
July 1, 2012
New section
Sec. 23
July 1, 2012
New section
Sec. 24
July 1, 2012
New section
Sec. 25
July 1, 2012, and applicable to sales on and after July 1, 2012
12-412(110)
Sec. 26
July 1, 2012
38a-816(16)
Sec. 27
from passage
New section
Sec. 28
from passage
16a-40l(f)
Statement of Purpose:
To reestablish a fuel oil conservation account; to require the Public Utilities Regulatory Authority to initiate a docket concerning gas distribution line extension; to create a natural gas vehicle pilot program; to require the Department of Energy and Environmental Protection to examine the conversion of oil-heated buildings to natural gas and to increase the efficiency of heating oil use; to require the department to study barriers to participation by heating oil dealers in the promotion of energy efficiency programs; to require builders contracting for the construction of certain buildings to inform consumers of energy efficiency incentives; to require electric distribution companies to develop plans to strengthen electric infrastructure, including the development of renewable resources facilities; to modify statutes concerning tree trimming by utility companies; to encourage the use of micro-grids utilizing any combined heat and power system; to eliminate disparities between electric distribution companies concerning demand charges for geothermal systems; to exempt certain persons' use of electric distribution or transmission equipment from being considered electric distribution companies; to modify the requirements necessary to meet renewable energy portfolio standards compliance; to expand renewable energy source generation; to encourage electric vehicle use; to modify the funding provisions of the Home Energy Solutions program; to increase financial incentives for combined heat and power systems; and to fund the study of the regional independent system operator.
[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.]