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General Assembly Raised Bill No. 960
January Session, 2019
LCO No. 5045
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING ME MBERS OF THE CONNECTICUT GREEN
BANK BOARD OF DIRECT ORS AND THE PUBLIC UTILITIES
REGULATORY AUTHORITY 'S REVIEW OF CLAIMS ARISING FROM
CONTRACTS PREVIOUSLY APPROVED BY THE AUTH ORITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (1) of subsection (e) of section 16-245n of the 1
general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2019): 3
(e) (1) The powers of the Connecticut Green Bank shall be vested in 4
and exercised by a board of directors, which shall consist of eleven 5
voting and [two] one nonvoting [members] member each with 6
knowledge and expertise in matters related to the purpose and 7
activities of said bank appointed as follows: The Treasurer or the 8
Treasurer's designee, the Commissioner of Energy and Environmental 9
Protection or the commissioner's designee and the Commissioner of 10
Economic and Community Development or the commissioner's 11
designee, each serving ex officio, one member who shall represent a 12
residential or low-income group appointed by the speaker of the 13
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House of Representatives for a term of four years, one member who 14
shall have experience in investment fund management appointed by 15
the minority leader of the House of Representatives for a term of three 16
years, one member who shall represent an environmental organization 17
appointed by the president pro tempore of the Senate for a term of four 18
years, and one member who shall have experience in the finance or 19
deployment of renewable energy appointed by the minority leader of 20
the Senate for a term of four years. Thereafter, such members of the 21
General Assembly shall appoint members of the board to succeed such 22
appointees whose terms expire and each member so appointed shall 23
hold office for a period of four years from the first day of July in the 24
year of his or her appointment. The Governor shall appoint four 25
members to the board as follows: Two for two years who shall have 26
experience in the finance of renewable energy; one for four years who 27
shall be a representative of a labor organization; and one who shall 28
have experience in research and development or manufacturing of 29
clean energy. Thereafter, the Governor shall appoint members of the 30
board to succeed such appointees whose terms expire and each 31
member so appointed shall hold office for a period of four years from 32
the first day of July in the year of his or her appointment. The 33
president of the Connecticut Green Bank shall be elected by the 34
members of the board. The president of the Connecticut Green Bank 35
shall serve on the board in an ex-officio, nonvoting capacity. The 36
Governor shall appoint the chairperson of the board. The board shall 37
elect from its members a vice chairperson and such other officers as it 38
deems necessary and shall adopt such bylaws and procedures it deems 39
necessary to carry out its functions. The board may establish 40
committees and subcommittees as necessary to conduct its business. 41
Sec. 2. Section 16-35 of the general statutes is repealed and the 42
following is substituted in lieu thereof (Effective from passage and 43
applicable to contracts approved on or after said date): 44
(a) Any person, including but not limited to a company, town, city, 45
borough or corporation aggrieved by any order, authorization or 46
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decision of the Public Utilities Regulatory Authority, except an order, 47
authorization or decision of the authority approving the taking of land, 48
in any matter to which such person was or ought to have been made a 49
party or intervenor, may appeal therefrom in accordance with the 50
provisions of section 4-183, provided any person who is party to a 51
contract described in subsection (d) of this section shall first bring their 52
claim to the authority pursuant to said subsection. Such person so 53
appealing shall give bond to the state, with sufficient surety, for the 54
benefit of the adverse party, in such sum as the authority fixes, to pay 55
all costs in case such person fails to sustain such appeal. No 56
municipality or political subdivision shall be determined not to be 57
aggrieved solely because there are other persons who are similarly 58
affected by the order, authorization or decision of the authority. 59
(b) Any person who may appeal an order, authorization or decision 60
of the authority under subsection (a) of this section who was an 61
intervenor or, after timely application, was denied intervenor status to 62
the authority proceeding, shall be limited to raise on appeal only those 63
issues that (1) such person addressed during the proceeding or were 64
addressed in the final decision, or (2) such person raised in his request 65
for intervenor status if he was denied intervenor status. 66
(c) Notwithstanding any provision of this title and title 16a, 67
proceedings in which the Public Utilities Regulatory Authority 68
conducts a request for proposals or any other procurement process for 69
the purpose of acquiring electricity products or services for the benefit 70
of ratepayers shall be uncontested. 71
(d) (1) The first dispute arising from a contract that is approved by 72
the Public Utilities Regulatory Authority where (A) a public service 73
company is a party to the contract, (B) the contract price is funded by 74
ratepayers, and (C) the purpose of the contract is for the public service 75
company to purchase products and services for the benefit of 76
ratepayers, shall be brought by a party to said contract to the authority. 77
A party may petition the authority for a declaratory ruling or make an 78
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application for review pursuant to this subsection or the section of the 79
general statutes that governs said contract. Notwithstanding 80
subsection (a) of section 4-176, the authority may not on its own 81
motion initiate a proceeding to review a contract described in this 82
subsection. 83
(2) The authority shall review such contract claims brought 84
pursuant to subdivision (1) of this subsection. The authority shall 85
decide such contract claims by issuing a declaratory ruling or a final 86
decision in a contested case proceeding, including ordering legal and 87
equitable contract remedies. Any party to such contract shall have the 88
right to appeal to the Superior Court from any such declaratory ruling 89
or final decision adjudicating such contract claims pursuant to 90
subsection (a) of this section. 91
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 16-245n(e)(1)
Sec. 2 from passage and
applicable to contracts
approved on or after said
date
16-35
Statement of Purpose:
To accurately reflect the number of nonvoting members that serve on
the board of the Green Bank and to require the Public Utilities
Regulatory Authority to review claims arising from contracts the
authority previously approved.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]