| 11 | | - | (26) "Class I renewable energy source" means (A) [energy] electricity derived from (i) solar power, (ii) wind power, (iii) a fuel cell, [methane gas from landfills,] (iv) geothermal, (v) landfill methane gas, anaerobic digestion or other biogas derived from biological sources, (vi) thermal electric direct energy conversion from a certified Class I renewable energy source, (vii) ocean thermal power, (viii) wave or tidal power, (ix) low emission advanced renewable energy conversion technologies, (x) a run-of-the-river hydropower facility [provided such facility] that began operation after July 1, 2003, and has a generating capacity of not more than [five megawatts, does not cause an appreciable change in the river flow, and began operation after July 1, 2003] thirty megawatts, provided a facility that applies for certification under this clause after January 1, 2013, shall not be based on a new dam or a dam identified by the commissioner as a candidate for removal, and shall meet applicable state and federal requirements, including applicable site-specific standards for water quality and fish passage, or (xi) a [sustainable biomass facility with] biomass facility that uses sustainable biomass fuel and has an average emission rate of equal to or less than . 075 pounds of nitrogen oxides per million BTU of heat input for the previous calendar quarter, except that energy derived from a [sustainable] biomass facility with a capacity of less than five hundred kilowatts that began construction before July 1, 2003, may be considered a Class I renewable energy source, or (B) any electrical generation, including distributed generation, generated from a Class I renewable energy source, provided, on and after January 1, 2014, any megawatt hours of electricity from a renewable energy source described under this subparagraph that are claimed or counted by a load-serving entity, province or state toward compliance with renewable portfolio standards or renewable energy policy goals in another province or state, other than the state of Connecticut, shall not be eligible for compliance with the renewable portfolio standards established pursuant to section 16-245a, as amended by this act; |
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| 18 | + | (26) (A) "Class I renewable energy source" means [(A) energy] (i) electricity derived from (I) solar power, (II) wind power, (III) a fuel cell, [methane gas from landfills,] (IV) geothermal, (V) landfill methane gas, anaerobic digestion or other biogas derived from biological sources, (VI) ocean thermal power, (VII) wave or tidal power, (VIII) low emission advanced renewable energy conversion technologies, (IX) a run-of-the-river hydropower facility [provided such facility] that has a generating capacity of not more than [five] thirty megawatts, does not cause an appreciable change in the river flow, and began operation after July 1, 2003, (X) the incremental increase in generation capacity of a run-of-the-river hydropower facility that has a total generating capacity of not more than thirty megawatts, provided such incremental increase in generation capacity began operation on or after July 1, 2003, or (XI) a [sustainable biomass facility with] biomass facility that uses sustainable biomass fuel, has an average emission rate of equal to or less than .075 pounds of nitrogen oxides per million BTU of heat input and, on or after January 1, 2016, has an average emission rate of equal to or less than .07 pounds of nitrogen oxides per million BTU of heat input on a twenty-four-hour basis and an average combined particulate emission rate of equal to or less than .038 pounds per million BTU of heat input for the previous calendar quarter and, on or after January 1, 2016, purchases allowances through the Regional Greenhouse Gas Initiative or other mechanism prescribed by the Commissioner of Energy and Environmental Protection and implemented by the Public Utilities Regulatory Authority to offset emissions from the transportation of such fuel to such facility, except that energy derived from a [sustainable] biomass facility with a capacity of less than five hundred kilowatts that began construction before July 1, 2003, may be considered a Class I renewable energy source, or [(B)] (ii) any electrical generation, including distributed generation, generated from a Class I renewable energy source, provided, on and after January 1, 2014, any megawatt hours of electricity from a renewable energy source described under this subparagraph that are claimed or counted by a load-serving entity, province or state toward compliance with renewable portfolio standards or renewable energy policy goals in another province or state, other than the state of Connecticut, shall not be eligible for compliance with the renewable portfolio standards established pursuant to section 16-245a, as amended by this act; |
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| 29 | | - | Sec. 6. (NEW) (Effective from passage) On or after January 1, 2013, the Commissioner of Energy and Environmental Protection, in consultation with the procurement manager identified in subsection (l) of section 16-2 of the general statutes, the Office of Consumer Counsel and the Attorney General, may, in coordination with other states in the region of the regional independent system operator, as defined in section 16-1 of the general statutes, as amended by this act, or on the commissioner's own, solicit proposals, in one solicitation or multiple solicitations, from providers of Class I renewable energy sources, as defined in section 16-1 of the general statutes, as amended by this act, constructed on or after January 1, 2013. If the commissioner finds such proposals to be in the interest of ratepayers including, but not limited to, the delivered price of such sources, and consistent with the requirements to reduce greenhouse gas emissions in accordance with section 22a-200a of the general statutes, and in accordance with the policy goals outlined in the Comprehensive Energy Strategy, adopted pursuant to section 16a-3d of the general statutes, the commissioner may select proposals from such resources to meet up to four per cent of the load distributed by the state's electric distribution companies. The commissioner may direct the electric distribution companies to enter into power purchase agreements for energy, capacity and environmental attributes, or any combination thereof, for periods of not more than twenty years. Certificates issued by the New England Power Pool Generation Information System for any Class I renewable energy sources procured under this section shall be sold in the New England Power Pool Generation Information System renewable energy credit market to be used by any electric supplier or electric distribution company to meet the requirements of section 16-245a of the general statutes, as amended by this act. Any such agreement shall be subject to review and approval by the Public Utilities Regulatory Authority, which review shall commence upon the filing of the signed power purchase agreement with the authority. The authority shall issue a decision on such agreement not later than thirty days after such filing. In the event the authority does not issue a decision within thirty days after such agreement is filed with the authority, the agreement shall be deemed approved. The net costs of any such agreement shall be recovered through a fully reconciling component of electric rates for all customers of electric distribution companies. Such costs may include reasonable costs incurred by electric distribution companies pursuant to this section. |
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| 38 | + | (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; |
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| 31 | | - | Sec. 7. (NEW) (Effective from passage) On or after July 1, 2013, the Commissioner of Energy and Environmental Protection, in consultation with the procurement manager identified in subsection (l) of section 16-2 of the general statutes, the Office of Consumer Counsel and the Attorney General, may, in coordination with other states in the region of the regional independent system operator, as defined in section 16-1 of the general statutes, as amended by this act, or on the commissioner's own, solicit proposals, in one solicitation or multiple solicitations, from providers of Class I renewable energy sources, as defined in section 16-1 of the general statutes, as amended by this act, or verifiable large-scale hydropower, as defined in section 16-1 of the general statutes, as amended by this act. If the commissioner finds such proposals to be in the interest of ratepayers, including, but not limited to, the delivered price of such sources, and consistent with the requirements to reduce greenhouse gas emissions in accordance with section 22a-200a of the general statutes, and in accordance with the policy goals outlined in the Comprehensive Energy Strategy, adopted pursuant to section 16a-3d of the general statutes, and section 129 of public act 11-80, including, but not limited to, base load capacity, peak load shaving and promotion of wind, solar and other renewable and low carbon energy technologies, the commissioner may select proposals from such resources to meet up to five per cent of the load distributed by the state's electric distribution companies. The commissioner may on behalf of all customers of electric distribution companies, direct the electric distribution companies to enter into power purchase agreements for energy, capacity and any environmental attributes, or any combination thereof, for periods of not more than (1) fifteen years, if any such agreement is with a provider of verifiable large-scale hydropower, or (2) twenty years, if any such agreement is with a provider of a Class I renewable energy source. Certificates issued by the New England Power Pool Generation Information System for any Class I renewable energy sources procured under this section shall be sold in the New England Power Pool Generation Information System renewable energy credit market to be used by any electric supplier or electric distribution company to meet the requirements of section 16-245a of the general statutes, as amended by this act. Any such agreement shall be subject to review and approval by the Public Utilities Regulatory Authority, which review shall (A) include a public hearing, and (B) be completed not later than sixty days after the date on which such agreement is filed with the authority. The net costs of any such agreement shall be recovered through a fully reconciling component of electric rates for all customers of electric distribution companies. Such costs may include the reasonable costs incurred by the electric distribution companies pursuant to this section. |
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| 40 | + | (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; |
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| 33 | | - | Sec. 8. (NEW) (Effective from passage) On or after October 1, 2013, the Commissioner of Energy and Environmental Protection, in consultation with the procurement manager identified in subsection (l) of section 16-2 of the general statutes, the Office of the Consumer Counsel and the Attorney General, may solicit proposals, in one solicitation or multiple solicitations, from providers of run-of-the-river hydropower, landfill methane gas or biomass, provided such source meets the definition of a Class I renewable energy source pursuant to section 16-1 of the general statutes, as amended by this act. In making any selection of such proposals, the commissioner shall consider factors, including, but not limited to (1) whether the proposal is in the interest of ratepayers, including, but not limited to, the delivered price of such sources, (2) the emissions profile of a relevant facility, (3) any investments made by a relevant facility to improve the emissions profile of such facility, (4) the length of time a relevant facility has received renewable energy credits, (5) any positive impacts on the state's economic development, (6) whether the proposal is consistent with requirements to reduce greenhouse gas emissions in accordance with section 22a-200a of the general statutes, and (7) whether the proposal is consistent with the policy goals outlined in the Comprehensive Energy Strategy adopted pursuant to section 16a-3d of the general statutes. The commissioner may select proposals from such resources to meet up to four per cent of the load distributed by the state's electric distribution companies. The commissioner may direct the electric distribution companies to enter into power purchase agreements for energy, capacity and environmental attributes, or any combination thereof, for periods of not more than ten years on behalf of all customers of the state's electric distribution companies. Certificates issued by the New England Power Pool Generation Information System for any Class I renewable energy sources procured under this section shall be sold in the New England Power Pool Generation Information System renewable energy credit market to be used by any electric supplier or electric distribution company to meet the requirements of section 16-245a of the general statutes, as amended by this act. Any such agreement shall be subject to review and approval by the Public Utilities Regulatory Authority, which review shall be completed not later than sixty days after the date on which such agreement is filed with the authority. The net costs of any such agreement shall be recovered through a fully reconciling component of electric rates for all customers of electric distribution companies. Such costs may include the reasonable costs incurred by the electric distribution companies pursuant to this section. |
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| 42 | + | (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; |
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| 41 | | - | (d) In the event there is such a presumption pursuant to subsection (a) of this section and the commissioner finds a material shortage of Class I renewable energy sources pursuant to subsection (b) of this section, and in addition to determining the adequacy pursuant to subsection (c) of this section, the commissioner shall, in consultation with the procurement manager identified in subsection (l) of section 16-2 of the general statutes, the Office of Consumer Counsel and the Attorney General, solicit proposals from providers of Class I renewable energy sources, as defined in section 16-1 of the general statutes, as amended by this act, operational as of the date that such solicitation is issued. If the commissioner, in consultation with the procurement manager identified in subsection (l) of section 16-2 of the general statutes, finds such proposals to be in the interest of ratepayers including, but not limited to, the delivered price of such sources, and consistent with the requirements to reduce greenhouse gas emissions in accordance with section 22a-200a of the general statutes, and in accordance with the policy goals outlined in the Comprehensive Energy Strategy, adopted pursuant to section 16a-3d of the general statutes, the commissioner, in consultation with the procurement manager identified in subsection (l) of section 16-2 of the general statutes, may select proposals from such sources to meet up to the amount necessary to ensure an adequate incremental supply of Class I renewable energy sources to rectify any projected shortage of Class I renewable energy supply identified pursuant to subsection (c) of this section. The commissioner shall direct the electric distribution companies to enter into power purchase agreements for energy, capacity and environmental attributes, or any combination thereof, from such selected proposals for periods of not more than ten years. Certificates issued by the New England Power Pool Generation Information System for any Class I renewable energy sources procured under this section shall be sold in the New England Power Pool Generation Information System renewable energy credit market to be used by any electric supplier or electric distribution company to meet the requirements of section 16-245a of the general statutes, as amended by this act. Any such agreement shall be subject to review and approval by the Public Utilities Regulatory Authority, which review shall commence upon the filing of the signed power purchase agreement with the authority. The authority shall issue a decision on such agreement not later than thirty days after such filing. In the event the authority does not issue a decision within thirty days after such agreement is filed with the authority, the agreement shall be deemed approved. The net costs of any such agreement shall be recovered through a fully reconciling component of electric rates for all customers of electric distribution companies. Such costs may include reasonable costs incurred by electric distribution companies pursuant to this section. |
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| 50 | + | (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 or Class IA renewable energy sources, provided not more than two per cent of such total output or services may be generated from Class IA 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; |
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| 47 | | - | (j) (1) Notwithstanding the provisions of subsection (d) of this section regarding an alternative transitional standard offer option or an alternative standard service option, an electric distribution company providing transitional standard offer service, standard service, supplier of last resort service or back-up electric generation service in accordance with this section shall contract with its wholesale suppliers to comply with the renewable portfolio standards. The Public Utilities Regulatory Authority shall annually conduct [a contested case, in accordance with the provisions of chapter 54,] an uncontested proceeding in order to determine whether the electric distribution company's wholesale suppliers met the renewable portfolio standards during the preceding year. On or before December 31, 2013, the authority shall issue a decision on any such proceeding for calendar years up to and including 2012, for which a decision has not already been issued. Not later than December 31, 2014, and annually thereafter, the authority shall, following such proceeding, issue a decision as to whether the electric distribution company's wholesale suppliers met the renewable portfolio standards during the preceding year. An electric distribution company shall include a provision in its contract with each wholesale supplier that requires the wholesale supplier to pay the electric distribution company an amount of five and one-half cents per kilowatt hour if the wholesale supplier fails to comply with the renewable portfolio standards during the subject annual period. The electric distribution company shall promptly transfer any payment received from the wholesale supplier for the failure to meet the renewable portfolio standards to the Clean Energy Fund for the development of Class I renewable energy sources, [. Any payment made pursuant to this section shall not be considered revenue or income to the electric distribution company. ] provided, on and after the effective date of this section, any such payment shall be refunded to ratepayers by using such payment to offset the costs to all customers of electric distribution companies of the costs of contracts entered into pursuant to sections 16-244r and 16-244t. Any excess amount remaining from such payment shall be applied to reduce the costs of contracts entered into pursuant to subdivision (2) of this subsection, and if any excess amount remains, such amount shall be applied to reduce costs collected through nonbypassable, federally-mandated congestion charges, as defined in section 16-1, as amended by this act. |
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| 56 | + | (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 or Class IA renewable energy sources, provided not more than three per cent of such total output or services may be generated from Class IA 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; |
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| 51 | | - | (k) Any licensee who fails to comply with a license condition or who violates any provision of this section, except for the renewable portfolio standards contained in subsection (g) of this section, shall be subject to civil penalties by the Public Utilities Regulatory Authority in accordance with section 16-41, or the suspension or revocation of such license or a prohibition on accepting new customers following a hearing that is conducted as a contested case in accordance with chapter 54. Notwithstanding the provisions of subsection (d) of section 16-244c regarding an alternative transitional standard offer option or an alternative standard service option, the authority shall require a payment by a licensee that fails to comply with the renewable portfolio standards in accordance with subdivision (4) of subsection (g) of this section in the amount of five and one-half cents per kilowatt hour. On or before December 31, 2013, the authority shall issue a decision, following an uncontested proceeding, on whether any licensee has failed to comply with the renewable portfolio standards for calendar years up to and including 2012, for which a decision has not already been issued. On and after the effective date of this section, the Public Utilities Regulatory Authority shall annually conduct an uncontested proceeding in order to determine whether any licensee has failed to comply with the renewable portfolio standards during the preceding year. Not later than December 31, 2014, and annually thereafter, the authority shall, following such proceeding, issue a decision as to whether the licensee has failed to comply with the renewable portfolio standards during the preceding year. The authority shall allocate such payment to the Clean Energy Fund for the development of Class I renewable energy sources, provided, on and after the effective date of this section, any such payment shall be refunded to ratepayers by using such payment to offset the costs to all customers of electric distribution companies of the costs of contracts entered into pursuant to sections 16-244r and 16-244t. Any excess amount remaining from such payment shall be applied to reduce the costs of contracts entered into pursuant to subdivision (2) of subsection (j) of section 16-244c, and if any excess amount remains, such amount shall be applied to reduce costs collected through nonbypassable, federally-mandated congestion charges, as defined in section 16-1, as amended by this act. |
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| 60 | + | (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 or Class IA renewable energy sources, provided not more than four per cent of such total output or services may be generated from Class IA 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; |
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| 61 | + | |
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| 62 | + | (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 or Class IA renewable energy sources, provided not more than four and one-half per cent of such total output or services may be generated from Class IA 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; [.] |
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| 63 | + | |
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| 64 | + | (16) On and after January 1, 2021, not less than twenty-one per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources or Class IA renewable energy sources, provided not more than five per cent of such total output or services may be generated from Class IA 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; |
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| 65 | + | |
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| 66 | + | (17) On and after January 1, 2022, not less than twenty-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 or Class IA renewable energy sources, provided not more than five and one-half per cent of such total output or services may be generated from Class IA 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; |
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| 67 | + | |
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| 68 | + | (18) On and after January 1, 2023, not less than twenty-three per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources or Class IA renewable energy sources, provided not more than six per cent of such total output or services may be generated from Class IA 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; |
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| 69 | + | |
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| 70 | + | (19) On and after January 1, 2024, not less than twenty-four per cent of the total output or services of any such supplier or distribution company shall be generated from Class I renewable energy sources or Class IA renewable energy sources, provided not more than six and one-half per cent of such total output or services may be generated from Class IA 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; |
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| 71 | + | |
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| 72 | + | (20) On and after January 1, 2025, not less than twenty-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 or Class IA renewable energy sources, provided not more than seven and one-half per cent of such total output or services may be generated from Class IA 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. |
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| 73 | + | |
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| 74 | + | Sec. 5. Section 16-245a of the general statutes is amended by adding subsections (h) and (i) as follows (Effective from passage): |
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| 75 | + | |
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| 76 | + | (NEW) (h) On or after March 31, 2013, the Commissioner of Energy and Environmental Protection, in conjunction with the procurement manager, may, in coordination with other states in the ISO-New England region, or on the commissioner's own, solicit proposals from providers of Class I renewable energy sources constructed on or after the date of such solicitation. If the commissioner finds such proposals to be in the interest of ratepayers and consistent with the policy goals outlined in the Comprehensive Energy Strategy and section 129 of public act 11-80, the commissioner may direct the electric distribution companies to enter into power purchase agreements for energy, capacity and environmental attributes, or any combination thereof, for periods of not more than twenty years for not more than one hundred fifty megawatts of electricity generated by Class I renewable energy sources on behalf of all customers of electric distribution companies to comply with all or part of the renewable portfolio standards obligations of the electric suppliers and electric distribution companies pursuant to this section. Such agreements shall be subject to review and approval by the Public Utilities Regulatory Authority, which review shall commence upon filing the signed power purchase agreements with the authority and the review shall be deemed complete not later than thirty days after such filing. In the event the authority does not issue a decision not later than thirty days after such filing, such agreements shall be deemed approved. The costs of such agreements shall be recovered through a fully reconciling component of electric rates for all customers of electric distribution companies. Such costs shall include reasonable costs incurred by electric distribution companies pursuant to this subsection. |
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| 77 | + | |
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| 78 | + | (NEW) (i) On or after July 1, 2013, the Commissioner of Energy and Environmental Protection, in conjunction with the procurement manager, may solicit proposals from providers of Class I renewable energy sources or Class IA renewable energy sources. If the commissioner finds such proposals to be in the interest of ratepayers, including, but not limited to, the delivered price of such sources, and consistent with the policy goals outlined in the Comprehensive Energy Strategy and section 129 of public act 11-80, including, but not limited to, peak load shaving and promotion of wind, solar and other renewable energy technologies, the commissioner may direct the electric distribution companies to enter into power purchase agreements for energy, capacity and environmental attributes, or any combination thereof, for periods of not more than twenty years on behalf of all customers of electric distribution companies to comply with all or part of the renewable portfolio standards obligations of the electric suppliers and electric distribution companies pursuant to this section. Not later than sixty days after receipt of any such agreement, such agreement shall be subject to review and approval by the Public Utilities Regulatory Authority. The costs of such agreements shall be recovered through a fully reconciling component of electric rates for all customers of electric distribution companies. Such costs include the reasonable costs incurred by the electric distribution companies pursuant to this subsection. |
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| 79 | + | |
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| 80 | + | |
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| 81 | + | |
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| 82 | + | |
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| 83 | + | This act shall take effect as follows and shall amend the following sections: |
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| 84 | + | Section 1 July 1, 2013 16-1(a)(26) |
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| 85 | + | Sec. 2 July 1, 2013 16-1(a)(44) |
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| 86 | + | Sec. 3 July 1, 2013 16-1(a)(45) |
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| 87 | + | Sec. 4 July 1, 2013 16-245a(a) |
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| 88 | + | Sec. 5 from passage 16-245a |
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| 89 | + | |
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| 90 | + | This act shall take effect as follows and shall amend the following sections: |
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| 91 | + | |
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| 92 | + | Section 1 |
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| 93 | + | |
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| 94 | + | July 1, 2013 |
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| 95 | + | |
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| 96 | + | 16-1(a)(26) |
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| 97 | + | |
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| 98 | + | Sec. 2 |
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| 99 | + | |
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| 100 | + | July 1, 2013 |
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| 101 | + | |
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| 102 | + | 16-1(a)(44) |
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| 103 | + | |
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| 104 | + | Sec. 3 |
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| 105 | + | |
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| 106 | + | July 1, 2013 |
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| 107 | + | |
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| 108 | + | 16-1(a)(45) |
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| 109 | + | |
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| 110 | + | Sec. 4 |
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| 111 | + | |
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| 112 | + | July 1, 2013 |
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| 113 | + | |
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| 114 | + | 16-245a(a) |
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| 115 | + | |
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| 116 | + | Sec. 5 |
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| 117 | + | |
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| 118 | + | from passage |
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| 119 | + | |
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| 120 | + | 16-245a |
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| 121 | + | |
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| 122 | + | Statement of Legislative Commissioners: |
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| 123 | + | |
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| 124 | + | In section 1(26)(A)(i)(X), "in generation capacity" was added for clarity. |
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| 125 | + | |
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| 126 | + | |
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| 127 | + | |
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| 128 | + | ET Joint Favorable Subst. |
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| 129 | + | |
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| 130 | + | ET |
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| 131 | + | |
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| 132 | + | Joint Favorable Subst. |
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