Connecticut 2019 Regular Session

Connecticut Senate Bill SB00888 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 4619 1 of 15
4	4
5	5	General Assembly Raised Bill No. 888
6	6	January Session, 2019
7	7	LCO No. 4619
8	8
9	9
10	10	Referred to Committee on ENERGY AND TECHNOLOGY
11	11
12	12
13	13	Introduced by:
14	14	(ET)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING CA LL BEFORE YOU DIG PROGRAM
20	20	VIOLATIONS AND FINES AND THE PUBLIC UTILITIES REGULATORY
21	21	POLICIES ACT.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 16-356 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective from passage): 2
27	27	Any person, public agency or public utility which the Public 3
28	28	Utilities Regulatory Authority determines, after notice and 4
29	29	opportunity for a hearing as provided in section 16-41, to have failed to 5
30	30	comply with any provision of this chapter or any regulation adopted 6
31	31	under section 16-357 shall forfeit and pay to the state a civil penalty of 7
32	32	not more than forty thousand dollars, provided any violation 8
33	33	involving the failure of a public utility to mark any approximate 9
34	34	location of an underground utility facility correctly or within the time 10
35	35	frames prescribed by regulation, which violation did not result in any 11
36	36	property damage or personal injury and was not the result of an act of 12
37	37	gross negligence on the part of the public utility, shall not result in a 13
38	38	civil penalty of more than one thousand dollars. Any civil penalty 14
39	39	Raised Bill No. 888
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41	41
42	42
43	43	LCO No. 4619 2 of 15
44	44
45	45	assessed for any violation involving the failure of a public utility to 15
46	46	properly or timely mark any approximate location of an underground 16
47	47	facility shall be paid by the person, public agency or public utility to 17
48	48	whom the notice is addressed. If any such person, public agency or 18
49	49	public utility recovers any portion of the penalty from any person, the 19
50	50	authority may direct such person, public agency or public utility to 20
51	51	forfeit such recovered penalty, as provided in such notice. 21
52	52	Notwithstanding the provisions contained in subsection (d) of section 22
53	53	16-41, the person, public agency or public utility receiving a notice of 23
54	54	violation pursuant to subsection (c) of section 16-41 shall have thirty 24
55	55	days from the date of receipt of the notice in which to deliver to the 25
56	56	authority a written application for a hearing. 26
57	57	Sec. 2. Section 16-243a of the general statutes is repealed and the 27
58	58	following is substituted in lieu thereof (Effective from passage): 28
59	59	[(a) As used in this section, "avoided costs" means the incremental 29
60	60	costs to an electric public service company, municipal electric energy 30
61	61	cooperative organized under chapter 101a or municipal electric utility 31
62	62	organized under chapter 101, of electric energy or capacity or both 32
63	63	which, but for the purchase from a private power producer, as defined 33
64	64	in section 16-243b, such company, cooperative or utility would 34
65	65	generate itself or purchase from another source. 35
66	66	(b) Each electric public service company, municipal electric energy 36
67	67	cooperative and municipal electric utility shall: (1) Purchase any 37
68	68	electrical energy and capacity made available, directly by a private 38
69	69	power producer or indirectly under subdivision (4) of this subsection; 39
70	70	(2) sell backup electricity to any private power producer in its service 40
71	71	territory; (3) make such interconnections in accordance with the 41
72	72	regulations adopted pursuant to subsection (h) of this section 42
73	73	necessary to accomplish such purchases and sales; (4) upon approval 43
74	74	by the Public Utilities Regulatory Authority of an application filed by a 44
75	75	willing private power producer, transmit energy or capacity from the 45
76	76	private power producer to any other such company, cooperative or 46
77	77	Raised Bill No. 888
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79	79
80	80
81	81	LCO No. 4619 3 of 15
82	82
83	83	utility or to another facility operated by the private power producer; 47
84	84	and (5) offer to operate in parallel with a private power producer. In 48
85	85	making a decision on an application filed under subdivision (4) of this 49
86	86	subsection, the authority shall consider whether such transmission 50
87	87	would (A) adversely impact the customers of the company, 51
88	88	cooperative or utility which would transmit energy or capacity to the 52
89	89	private power producer, (B) result in an uncompensated loss for, or 53
90	90	unduly burden, such company, cooperative, utility or private power 54
91	91	producer, (C) impair the reliability of service of such company, 55
92	92	cooperative or utility, or (D) impair the ability of the company, 56
93	93	cooperative or utility to provide adequate service to its customers. The 57
94	94	authority shall issue a decision on such an application not later than 58
95	95	one hundred twenty days after the application is filed, provided, the 59
96	96	authority may, before the end of such period and upon notifying all 60
97	97	parties and intervenors to the proceeding, extend the period by thirty 61
98	98	days. If the authority does not issue a decision within one hundred 62
99	99	twenty days after receiving such an application, or within one hundred 63
100	100	fifty days if the authority extends the period in accordance with the 64
101	101	provisions of this subsection, the application shall be deemed to have 65
102	102	been approved. The requirements under subdivisions (3), (4) and (5) of 66
103	103	this subsection shall be subject to reasonable standards for operating 67
104	104	safety and reliability and the nondiscriminatory assessment of costs 68
105	105	against private power producers, approved by the Public Utilities 69
106	106	Regulatory Authority with respect to electric public service companies 70
107	107	or determined by municipal electric energy cooperatives and 71
108	108	municipal electric utilities. 72
109	109	(c) The Public Utilities Regulatory Authority, with respect to electric 73
110	110	public service companies, and each municipal electric energy 74
111	111	cooperative and municipal electric utility shall establish rates and 75
112	112	conditions of service for: (1) The purchase of electrical energy and 76
113	113	capacity made available by a private power producer; and (2) the sale 77
114	114	of backup electricity to a private power producer. The rates for 78
115	115	electricity purchased from a private power producer shall be based on 79
116	116	Raised Bill No. 888
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118	118
119	119
120	120	LCO No. 4619 4 of 15
121	121
122	122	the full avoided costs of the electric public service company, municipal 80
123	123	electric energy cooperative or municipal electric utility, regardless of 81
124	124	whether the purchaser is simultaneously making sales to the private 82
125	125	power producer. Payment for energy and capacity purchased from a 83
126	126	private power producer by any such company, cooperative or utility 84
127	127	shall be pursuant to such rates and conditions or the terms of a 85
128	128	contract between the parties. The rates and conditions of service for the 86
129	129	purchase of energy and capacity established by the authority pursuant 87
130	130	to this subsection shall include specific schedules for pricing in long-88
131	131	term contracts for the sale of electricity from small renewable power 89
132	132	projects to electric public service companies by private power 90
133	133	producers. Such schedules shall not exceed the present worth of the 91
134	134	projected avoided costs of the electric public service company over the 92
135	135	term of the contract. The authority shall apply to a proposed contract 93
136	136	filed with the authority after January 1, 1992, by a private power 94
137	137	producer for a small renewable power project the rates and conditions 95
138	138	of service, including the pricing schedule, in effect on the date the 96
139	139	private power producer submits its proposed contract to the authority, 97
140	140	regardless of the subsequent creation of differing schedules or the 98
141	141	subsequent amendment of existing schedules. 99
142	142	(d) When any person, firm or corporation proposes to enter into a 100
143	143	contract to sell energy and capacity as a private power producer, an 101
144	144	electric public service company, municipal electric energy cooperative 102
145	145	or municipal electric utility shall respond promptly to all requests and 103
146	146	offers and negotiate in good faith to arrive at a contract which fairly 104
147	147	reflects the provisions of this section and the anticipated avoided costs 105
148	148	over the life of the contract. Upon application by a private power 106
149	149	producer, the authority may approve a contract which provides for 107
150	150	payment of less than the anticipated avoided costs if, considering all of 108
151	151	the provisions, the contract is at least as favorable to the private power 109
152	152	producer as a contract providing for the full avoided costs. The 110
153	153	contract may extend for a period of not more than thirty years at the 111
154	154	option of the private power producer if it has a generating facility with 112
155	155	Raised Bill No. 888
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157	157
158	158
159	159	LCO No. 4619 5 of 15
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161	161	a capacity of at least one hundred kilowatts. 113
162	162	(e) The authority shall consider generating capacity available from 114
163	163	cogeneration technology and renewable energy resources in its 115
164	164	periodic reviews of electric public service companies and shall require 116
165	165	the companies to include the availability of such capacity in 117
166	166	applications for rate relief filed in accordance with section 16-19a. 118
167	167	(f) If a private power producer believes that an electric distribution 119
168	168	company has violated any provision of this section it may submit a 120
169	169	written petition alleging such violation to the authority. Upon receipt 121
170	170	of the petition, the authority shall fix a time and place for a hearing 122
171	171	and mail notice of the hearing to the parties in interest at least one 123
172	172	week in advance. Upon the hearing, the authority may, if it finds the 124
173	173	company has violated any such provision, prescribe the manner in 125
174	174	which it shall comply. 126
175	175	(g) After January 1, 1992, the authority shall approve each proposed 127
176	176	contract submitted by a private power producer for a small renewable 128
177	177	power project, with any modifications agreed to by the parties to the 129
178	178	contract, if the filing meets the standards for exemption from the 130
179	179	proposal process and for an approvable contract established pursuant 131
180	180	to section 16-6b, and is consistent with the pricing schedules adopted 132
181	181	pursuant to subsection (c) of this section. Nothing in this section shall 133
182	182	preclude a modification of such a contract if the parties to the contract 134
183	183	agree to the modification. Any such modification shall be approved by 135
184	184	the authority. The authority shall reconsider each decision issued 136
185	185	pursuant to this section between January 1, 1992, and June 29, 1993, 137
186	186	regarding such contracts and shall make any modifications to each 138
187	187	such decision necessary to ensure that each such decision conforms 139
188	188	with the provisions of this section. 140
189	189	(h) Not later than January 1, 2008, the Public Utilities Regulatory 141
190	190	Authority shall issue a final decision approving interconnection 142
191	191	standards that meet or exceed national standards of interconnectivity. 143
192	192	Raised Bill No. 888
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195	195
196	196	LCO No. 4619 6 of 15
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198	198	If the authority does not issue a final decision by October 1, 2008, each 144
199	199	electric distribution company, municipal electric energy cooperative 145
200	200	and municipal electric utility shall meet the standards set forth in Title 146
201	201	4, Chapter 4, Subchapter 9, "Net Metering and Interconnection 147
202	202	Standards for Class I Renewable Energy Systems" of the New Jersey 148
203	203	Administrative Code.] 149
204	204	(a) As used in this title, "PURPA" means the Public Utilities 150
205	205	Regulatory Policies Act of 1978, codified at 18 USC 824a-3, and its 151
206	206	implementing regulations, 18 CFR Part 292, as amended from time to 152
207	207	time, and "Qualifying Facilities" or "QF" has the same meaning as 153
208	208	provided in 18 CFR 292.101(b)(1). 154
209	209	(b) As used in section 16-243b, as amended by this act, "avoided 155
210	210	costs" means the costs avoided by an electric distribution company as a 156
211	211	result of purchasing power or capacity from a qualifying facility, as 157
212	212	approved by the Public Utilities Regulatory Authority in accordance 158
213	213	with section 16-243b, as amended by this act, and shall not result in 159
214	214	costs greater than those which the purchasing electric distribution 160
215	215	company would incur if such electric distribution company did not 161
216	216	make such purchases and instead purchased electricity or capacity 162
217	217	from the regional wholesale electricity markets. 163
218	218	Sec. 3. Section 16-243b of the general statutes is repealed and the 164
219	219	following is substituted in lieu thereof (Effective from passage): 165
220	220	[(a) As used in this title: 166
221	221	(1) "Private power production facility" means a facility which 167
222	222	generates electricity in the state (A) solely through the use of 168
223	223	cogeneration technology, provided the average useful thermal energy 169
224	224	output of the facility is at least twenty per cent of the total energy 170
225	225	output of the facility, (B) solely through the use of renewable energy 171
226	226	sources, or (C) through both only; 172
227	227	(2) "Useful thermal energy output" means the thermal energy made 173
228	228	Raised Bill No. 888
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230	230
231	231
232	232	LCO No. 4619 7 of 15
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234	234	available for use in any industrial or commercial process, or used in 174
235	235	any heating or cooling application; 175
236	236	(3) "Private power producer" means (A) a subsidiary of a gas public 176
237	237	service company which is not affiliated with an electric public service 177
238	238	company, or a subsidiary of a holding company controlling, directly or 178
239	239	indirectly, a gas public service company but not an electric public 179
240	240	service company, which generates electricity solely through ownership 180
241	241	of fifty per cent or less of a private power production facility or, with 181
242	242	the approval of the Public Utilities Regulatory Authority, through 182
243	243	ownership of one hundred per cent of a private power production 183
244	244	facility which (i) uses a source of energy other than gas as the primary 184
245	245	energy source of the facility, or (ii) uses gas as the primary energy 185
246	246	source of the facility and uses an improved and innovative technology 186
247	247	which furthers the state energy policy as set forth in section 16a-35k, 187
248	248	(B) a subsidiary of any other public service company or a subsidiary of 188
249	249	a holding company controlling, directly or indirectly, such a public 189
250	250	service company, which generates electricity solely through ownership 190
251	251	of fifty per cent or less of a private power production facility, (C) the 191
252	252	state, a political subdivision of the state or any other person, firm or 192
253	253	corporation other than a public service company or any corporation 193
254	254	which was a public service company, prior to July 1, 1981, and which 194
255	255	consents to be regulated as a public service company or a holding 195
256	256	company for a public service company, which generates electricity 196
257	257	solely through ownership of one hundred per cent or less of a private 197
258	258	power production facility, or (D) any combination thereof; 198
259	259	(4) "Private power provider" means any person, firm, corporation, 199
260	260	nonprofit corporation, limited liability company, governmental entity, 200
261	261	or other entity, including any public service company, holding 201
262	262	company, or subsidiary, which provides energy conservation or 202
263	263	demand management measures pursuant to section 16 -243f and 203
264	264	regulations and orders issued hereunder, which replace the need for 204
265	265	electricity generating capacity that electric public service companies 205
266	266	would otherwise require; 206
267	267	Raised Bill No. 888
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269	269
270	270
271	271	LCO No. 4619 8 of 15
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273	273	(5) "Electricity conservation or demand management measures" 207
274	274	means the provision pursuant to this section and section 16-243f and 208
275	275	regulations and orders adopted hereunder by a private power 209
276	276	provider to an electric public service company or its customers of 210
277	277	equipment or services or both designed to conserve electricity or to 211
278	278	manage electricity load; and 212
279	279	(6) "Small renewable power project" means any private power 213
280	280	production facility which has a capacity of five megawatts or less and 214
281	281	is fueled by a renewable resource, as defined in section 16a-2, other 215
282	282	than wood. 216
283	283	(b) No provision of this section shall limit the jurisdiction of the 217
284	284	Public Utilities Regulatory Authority with regard to the effects on a 218
285	285	public service company of a private power producer which is an 219
286	286	affiliate or a subsidiary of the public service company.] 220
287	287	(a) Each electric distribution company shall file with the Public 221
288	288	Utilities Regulatory Authority for review and approval three pro 222
289	289	forma tariffs for the purchase of energy and capacity from eligible 223
290	290	qualifying facilities from which the electric distribution company is 224
291	291	obligated to purchase energy or capacity pursuant to 18 CFR 292.303. 225
292	292	Tariffs required pursuant to this section shall address each of the 226
293	293	following types of PURPA transactions: (1) Energy-only qualifying 227
294	294	facility sales; (2) capacity-only qualifying facility sales; and (3) energy 228
295	295	and capacity qualifying facility sales. 229
296	296	(b) The Public Utilities Regulatory Authority shall conduct an 230
297	297	uncontested proceeding to review tariffs submitted pursuant to 231
298	298	subsection (a) of this section. The authority shall approve tariffs that it 232
299	299	determines satisfy the requirements of PURPA and any other 233
300	300	requirements the authority deems appropriate. 234
301	301	(c) Each tariff submitted pursuant to subsection (a) of this section 235
302	302	shall establish a process by which qualifying facilities may elect to be 236
303	303	compensated either: (1) Based on avoided costs calculated at the time 237
304	304	Raised Bill No. 888
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306	306
307	307
308	308	LCO No. 4619 9 of 15
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310	310	of delivery; or (2) based on avoided costs forecasted at the time an 238
311	311	obligation to purchase arises pursuant to 18 CFR 292.303. 239
312	312	Sec. 4. Subdivision (24) of subsection (b) of section 7-233e of the 240
313	313	general statutes is repealed and the following is substituted in lieu 241
314	314	thereof (Effective from passage): 242
315	315	(24) To contract for the purchase or exchange of electricity produced 243
316	316	by a [person using cogeneration technology or renewable fuel 244
317	317	resources] Qualifying Facility, as defined in [section 16-1] 18 CFR 245
318	318	292.101(b)(1), or for the sale or exchange of electricity produced by the 246
319	319	municipal cooperative to such person, provided such purchase, sale or 247
320	320	exchange [is subject to the rates and conditions of service established 248
321	321	in accordance with section 16-243a] complies with the rates and 249
322	322	conditions of service established in 18 CFR Part 292; 250
323	323	Sec. 5. Section 12-408b of the general statutes is repealed and the 251
324	324	following is substituted in lieu thereof (Effective from passage): 252
325	325	On and after July 1, 1991, any person, firm or corporation who pays 253
326	326	a sales and use tax, which tax would not have been due prior to July 1, 254
327	327	1991, pursuant to subdivision (39) of section 12-412 of the general 255
328	328	statutes, revision of 1958, revised to January 1991, shall recover the tax 256
329	329	paid by (1) adding such tax to any amounts otherwise payable [under 257
330	330	a sales contract] pursuant to a tariff approved by the Public Utilities 258
331	331	Regulatory Authority pursuant to [subsection (d) of] section 16-243a, 259
332	332	as amended by this act, and (2) amortizing such tax, together with 260
333	333	interest at the rate paid on front-loaded payments, over the life of a 261
334	334	sales contract approved by the department pursuant to said subsection 262
335	335	(d). 263
336	336	Sec. 6. Subdivision (3) of subsection (a) of section 16-1 of the general 264
337	337	statutes is repealed and the following is substituted in lieu thereof 265
338	338	(Effective from passage): 266
339	339	(3) "Public service company" includes electric distribution, gas, 267
340	340	Raised Bill No. 888
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342	342
343	343
344	344	LCO No. 4619 10 of 15
345	345
346	346	telephone, pipeline, sewage, water and community antenna television 268
347	347	companies and holders of a certificate of cable franchise authority, 269
348	348	owning, leasing, maintaining, operating, managing or controlling 270
349	349	plants or parts of plants or equipment, but shall not include towns, 271
350	350	cities, boroughs, any municipal corporation or department thereof, 272
351	351	whether separately incorporated or not, [a private power producer] 273
352	352	producer Qualifying Facility, as defined in [section 16-243b] 18 CFR 274
353	353	292.101(b)(1), or an exempt wholesale generator, as defined in 15 USC 275
354	354	79z-5a; 276
355	355	Sec. 7. Subdivision (23) of subsection (a) of section 16-1 of the 277
356	356	general statutes is repealed and the following is substituted in lieu 278
357	357	thereof (Effective from passage): 279
358	358	(23) "Electric distribution company" or "distribution company" 280
359	359	means any person providing electric transmission or distribution 281
360	360	services within the state, but does not include: (A) A [private power 282
361	361	producer] Qualifying Facility, as defined in [section 16-243b] 18 CFR 283
362	362	292.101(b)(1); (B) a municipal electric utility established under chapter 284
363	363	101, other than a participating municipal electric utility; (C) a 285
364	364	municipal electric energy cooperative established under chapter 101a; 286
365	365	(D) an electric cooperative established under chapter 597; (E) any other 287
366	366	electric utility owned, leased, maintained, operated, managed or 288
367	367	controlled by any unit of local government under any general statute 289
368	368	or special act; (F) an electric supplier; (G) an entity approved to 290
369	369	submeter pursuant to section 16-19ff; or (H) a municipality, state or 291
370	370	federal governmental entity authorized to distribute electricity across a 292
371	371	public highway or street pursuant to section 16-243aa; 293
372	372	Sec. 8. Subsection (a) of section 16-50i of the general statutes is 294
373	373	repealed and the following is substituted in lieu thereof (Effective from 295
374	374	passage): 296
375	375	(a) "Facility" means: (1) An electric transmission line of a design 297
376	376	capacity of sixty-nine kilovolts or more, including associated 298
377	377	Raised Bill No. 888
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379	379
380	380
381	381	LCO No. 4619 11 of 15
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383	383	equipment but not including a transmission line tap, as defined in 299
384	384	subsection (e) of this section; (2) a fuel transmission facility, except a 300
385	385	gas transmission line having a design capability of less than two 301
386	386	hundred pounds per square inch gauge pressure or having a design 302
387	387	capacity of less than twenty per cent of its specified minimum yield 303
388	388	strength; (3) any electric generating or storage facility using any fuel, 304
389	389	including nuclear materials, including associated equipment for 305
390	390	furnishing electricity but not including an emergency generating 306
391	391	device, as defined in subsection (f) of this section or a facility (A) 307
392	392	[owned and operated by a private power producer, as defined in 308
393	393	section 16-243b, (B) which is a qualifying small power production 309
394	394	facility or a qualifying cogeneration facility under the Public Utility 310
395	395	Regulatory Policies Act of 1978, as amended] which is a Qualifying 311
396	396	Facility, as defined in 18 CFR 292.101(b)(1), or a facility determined by 312
397	397	the council to be primarily for a producer's own use, and [(C)] (B) 313
398	398	which has, in the case of a [facility] Qualifying Facility utilizing 314
399	399	renewable energy sources, a generating capacity of one megawatt of 315
400	400	electricity or less and, in the case of a [facility] Qualifying Facility 316
401	401	utilizing cogeneration technology, a generating capacity of twenty-five 317
402	402	megawatts of electricity or less; (4) any electric substation or 318
403	403	switchyard designed to change or regulate the voltage of electricity at 319
404	404	sixty-nine kilovolts or more or to connect two or more electric circuits 320
405	405	at such voltage, which substation or switchyard may have a substantial 321
406	406	adverse environmental effect, as determined by the council established 322
407	407	under section 16-50j, and other facilities which may have a substantial 323
408	408	adverse environmental effect as the council may, by regulation, 324
409	409	prescribe; (5) such community antenna television towers and head-end 325
410	410	structures, including associated equipment, which may have a 326
411	411	substantial adverse environmental effect, as said council shall, by 327
412	412	regulation, prescribe; and (6) such telecommunication towers, 328
413	413	including associated telecommunications equipment, owned or 329
414	414	operated by the state, a public service company or a certified 330
415	415	telecommunications provider or used in a cellular system, as defined 331
416	416	in [the Code of Federal Regulations Title 47, Part 22] 47 CFR 22, as 332
417	417	Raised Bill No. 888
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419	419
420	420
421	421	LCO No. 4619 12 of 15
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423	423	amended, which may have a substantial adverse environmental effect, 333
424	424	as said council shall, by regulation, prescribe; 334
425	425	Sec. 9. Section 16a-49 of the general statutes is repealed and the 335
426	426	following is substituted in lieu thereof (Effective from passage): 336
427	427	[(a)] The Public Utilities Regulatory Authority shall require each gas 337
428	428	and electric public service company to implement a cost effective 338
429	429	conservation and load management program consistent with 339
430	430	integrated resource planning principles. As part of each conservation 340
431	431	and load management program, the authority shall require specific 341
432	432	programs to target the needs of manufacturers. The authority shall 342
433	433	allow the gas or electric public service company either: (1) To earn a 343
434	434	return on prudently incurred multiyear conservation and load 344
435	435	management expenditures on programs and measures approved by 345
436	436	the authority included in the company's rate base and successfully 346
437	437	implemented by the company at a rate at least one percentage point 347
438	438	but no more than five percentage points higher than such company's 348
439	439	rate of return otherwise found to be reasonable; or (2) authorize a 349
440	440	return of at least one percentage point but no more than five 350
441	441	percentage points on the company's prudently incurred conservation 351
442	442	and load management expenditures treated as operating costs on 352
443	443	programs and measures approved by the authority and successfully 353
444	444	implemented by the company. For the purposes of this section, 354
445	445	"conservation and load management expenditures" shall include all 355
446	446	prudent expenditures, approved by the authority by gas or electric 356
447	447	public service companies designed to conserve energy or manage gas 357
448	448	or energy load. 358
449	449	[(b) The authority may authorize an electric public service company 359
450	450	a return on such company's expenditures in acquiring energy 360
451	451	conservation or load management measures, approved by the 361
452	452	authority, from private power providers, as defined in section 16-362
453	453	243b.] 363
454	454	Raised Bill No. 888
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457	457
458	458	LCO No. 4619 13 of 15
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460	460	Sec. 10. Section 49-4c of the general statutes is repealed and the 364
461	461	following is substituted in lieu thereof (Effective from passage): 365
462	462	Any mortgage entered into subsequent to July 1, 1986, between [a 366
463	463	private power producer, as defined in section 16-243b, or the owner or 367
464	464	operator of a qualifying facility] a Qualifying Facility, as defined in 368
465	465	[Part 292 of Title 18 of the Code of Federal Regulations] 18 CFR 292, or 369
466	466	a guarantor of any of their respective obligations, as mortgagor, and an 370
467	467	electric distribution company, as defined in section 16-1, as amended 371
468	468	by this act, as mortgagee, shall be valid to secure all obligations then 372
469	469	existing or thereafter arising of the mortgagor to the mortgagee under 373
470	470	an electricity purchase [agreement] tariff, including, without 374
471	471	limitation, recovery of amounts paid to [the private power producer 375
472	472	or] the owner or operator of a [qualifying facility] Qualifying Facility 376
473	473	by the mortgagee in excess of the mortgagee's avoided costs, as 377
474	474	defined in accordance with tariffs approved by the Public Utilities 378
475	475	Regulatory Authority pursuant to section 16-243a, as amended by this 379
476	476	act, and all other damages for failure to deliver electric energy or 380
477	477	capacity or other breach of an electricity purchase agreement, 381
478	478	including, without limitation, the net replacement cost of the capacity 382
479	479	being secured by such mortgage, together with accrued interest, if any, 383
480	480	as computed in accordance with the terms of the electricity purchase 384
481	481	agreement or the mortgage, and under a guarantee of such obligations 385
482	482	or obligations created by the mortgage, and shall have priority over the 386
483	483	rights of others who shall acquire any rights in the property covered 387
484	484	by such mortgage subsequent to the recording of the mortgage in the 388
485	485	land records of the town in which the mortgaged property is situated 389
486	486	provided: (1) The electricity purchase [agreement] tariff is substantially 390
487	487	in the form approved by the Public Utilities Regulatory Authority 391
488	488	pursuant to section 16-243a, as amended by this act, and shall have 392
489	489	been entered into by the mortgagor and mortgagee prior to or 393
490	490	simultaneously with or subsequent to the execution and delivery of the 394
491	491	mortgage, (2) the caption to the mortgage shall contain the words 395
492	492	"Open-End Mortgage" and ["Electricity Purchase Agreement"] 396
493	493	Raised Bill No. 888
494	494
495	495
496	496
497	497	LCO No. 4619 14 of 15
498	498
499	499	"Electricity Purchase Tariff", (3) the mortgage shall state that it is 397
500	500	entered into to secure the mortgagor's obligations to the mortgagee 398
501	501	under an electricity purchase [agreement] tariff or under a guarantee 399
502	502	of any electricity purchase [agreement] tariff obligations and shall 400
503	503	recite either the address of an office of the mortgagee or its assignee in 401
504	504	the state at which a copy of the electricity purchase [agreement] tariff 402
505	505	is on file and may be inspected by the public during normal business 403
506	506	hours or that the electricity purchase [agreement] tariff has been 404
507	507	recorded, as an exhibit to the mortgage or otherwise, on or before the 405
508	508	date the mortgage is recorded, in the land records of the town in which 406
509	509	the mortgaged property is situated, provided the electricity purchase 407
510	510	[agreement] tariff shall be so recorded, (4) the amount of the obligation 408
511	511	from time to time secured by the mortgage may be determined or 409
512	512	reasonably approximated on the basis of records maintained by the 410
513	513	mortgagee or its assignee in the state, which records and an estimate of 411
514	514	the amount claimed by the mortgagee to be secured are made available 412
515	515	to the public with reasonable promptness upon written request, and 413
516	516	(5) the mortgage states the maximum amount which it shall secure. 414
517	517	Nothing in this section shall invalidate any mortgage which would be 415
518	518	valid without this section. For purposes of this section, ["electricity 416
519	519	purchase agreement"] "electricity purchase tariff" means [a contract or] 417
520	520	an agreement to purchase and sell electric energy or capacity by and 418
521	521	between [a private power producer, as defined in section 16-243b, or] 419
522	522	the owner or operator of a [qualifying facility] Qualifying Facility, as 420
523	523	defined in [Part 292 of Title 18 of the Code of Federal Regulations] 18 421
524	524	CFR 292.101(b)(1), and an electric distribution company, as defined in 422
525	525	section 16-1, as amended by this act. 423
526	526	Sec. 11. Sections 16-243d, 16-243f and 16-243g of the general statutes 424
527	527	are repealed. (Effective from passage) 425
528	528	This act shall take effect as follows and shall amend the following
529	529	sections:
530	530
531	531	Section 1 from passage 16-356
532	532	Raised Bill No. 888
533	533
534	534
535	535
536	536	LCO No. 4619 15 of 15
537	537
538	538	Sec. 2 from passage 16-243a
539	539	Sec. 3 from passage 16-243b
540	540	Sec. 4 from passage 7-233e(b)(24)
541	541	Sec. 5 from passage 12-408b
542	542	Sec. 6 from passage 16-1(a)(3)
543	543	Sec. 7 from passage 16-1(a)(23)
544	544	Sec. 8 from passage 16-50i(a)
545	545	Sec. 9 from passage 16a-49
546	546	Sec. 10 from passage 49-4c
547	547	Sec. 11 from passage Repealer section
548	548
549	549	Statement of Purpose:
550	550	To require that civil penalties for the failure of a public utility to
551	551	properly or timely mark the approximate location of an underground
552	552	facility be paid by the person, public agency or public utility to whom
553	553	the notice of failure to comply is addressed and to make changes
554	554	regarding the Public Utilities Regulatory Policies Act of 1978.
555	555
556	556	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
557	557	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
558	558	not underlined.]
559	559