Connecticut 2012 Regular Session

Connecticut Senate Bill SB00450 Latest Draft

Bill / Comm Sub Version Filed 04/26/2012

                            General Assembly  Substitute Bill No. 450
February Session, 2012  *_____SB00450FIN___042612____*

General Assembly

Substitute Bill No. 450 

February Session, 2012

*_____SB00450FIN___042612____*

AN ACT CONCERNING ENERGY CONSERVATION AND RENEWABLE ENERGY, ENERGY INFRASTRUCTURE IMPROVEMENTS, ENERGY EQUIPMENT EFFICIENCY, TREE TRIMMING AND ELECTRIC VEHICLE INFRASTRUCTURE. 

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) The Department of Energy and Environmental Protection shall conduct a study to identify the instances in which it is more cost effective to promote policies for natural gas line extension or to develop programs to increase the efficiency of heating oil equipment. 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 to the joint standing committee of the General Assembly having cognizance of matters relating to energy.

Sec. 2. (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 providing other energy services, including, but not limited to, the installation of nonpetroleum-based energy equipment. 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. 3. Subsection (a) of section 20-417d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):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. 4. (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. 5. 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 adjoining the property on which such tree or any limb of such tree may fall onto 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, the authority shall hold a hearing [upon] and 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. 6. 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, 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. 7. 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. 8. 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) 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. 9. (Effective from passage) The Department of Energy and Environmental Protection shall conduct a study to review the existing renewable portfolio standards, established in section 16-245a of the general statutes, to maximize in-state participation. Said study shall identify methods to increase such participation, including, but not limited to, the use of combined heat and power systems, zero emission vehicles and energy conservation programs. 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 to the joint standing committee of the General Assembly having cognizance of matters relating to energy.

Sec. 10. (NEW) (Effective from passage) On or before January 1, 2013, the Public Utilities Regulatory Authority shall conduct a proceeding to establish rates that would promote the use of geothermal systems.

Sec. 11. (NEW) (Effective July 1, 2012) The Public Utilities Regulatory Authority shall establish a pilot program for not more than three municipalities that own, lease or operate any Class I renewable energy source, as defined in section 16-1 of the general statutes, that will allow such municipalities to distribute electricity generated from any such Class I renewable energy source, using wires, conduits or other fixtures, across a public highway or street, provided (1) each such municipality only distributes such generated electricity across one public highway or street, and (2) such generated electricity is distributed to a facility owned or operated by such municipality.

Sec. 12. 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. 13. 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. 14. 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. 15. 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 from July 1, 2011, to July 1, 2013. 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) 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, 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 to ratepayers of such facility and the actual cost to ratepayers of such facility.

Sec. 16. 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. 17. (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 electric 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. 18. (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. 19. 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) (A) On and after January 1, 2008, and prior to July 1, 2010, the sale of any 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.

(B) On and after July 1, 2012, and prior to July 1, 2014, the sale of any hydrogen fuel cell or electric passenger motor vehicle, as defined in section 14-1.

Sec. 20. 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. 21. (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.

 


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 July 1, 2012 20-417d(a)
Sec. 4 July 1, 2012 New section
Sec. 5 July 1, 2012 16-234
Sec. 6 July 1, 2012 13a-140(a)
Sec. 7 July 1, 2012 23-65
Sec. 8 July 1, 2012 16-245l
Sec. 9 from passage New section
Sec. 10 from passage New section
Sec. 11 July 1, 2012 New section
Sec. 12 July 1, 2012 16-245o(f)(2)(B)
Sec. 13 July 1, 2012 16-244r(b)
Sec. 14 July 1, 2012 16-244t(b)
Sec. 15 from passage 16-244v
Sec. 16 from passage 16a-46h
Sec. 17 July 1, 2012 New section
Sec. 18 July 1, 2012 New section
Sec. 19 July 1, 2012, and applicable to sales on and after July 1, 2012 12-412(110)
Sec. 20 July 1, 2012 38a-816(16)
Sec. 21 from passage New section

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

July 1, 2012

20-417d(a)

Sec. 4

July 1, 2012

New section

Sec. 5

July 1, 2012

16-234

Sec. 6

July 1, 2012

13a-140(a)

Sec. 7

July 1, 2012

23-65

Sec. 8

July 1, 2012

16-245l

Sec. 9

from passage

New section

Sec. 10

from passage

New section

Sec. 11

July 1, 2012

New section

Sec. 12

July 1, 2012

16-245o(f)(2)(B)

Sec. 13

July 1, 2012

16-244r(b)

Sec. 14

July 1, 2012

16-244t(b)

Sec. 15

from passage

16-244v

Sec. 16

from passage

16a-46h

Sec. 17

July 1, 2012

New section

Sec. 18

July 1, 2012

New section

Sec. 19

July 1, 2012, and applicable to sales on and after July 1, 2012

12-412(110)

Sec. 20

July 1, 2012

38a-816(16)

Sec. 21

from passage

New section

 

ET Joint Favorable Subst.
FIN Joint Favorable

ET

Joint Favorable Subst.

FIN

Joint Favorable