LCO No. 5222 1 of 3 General Assembly Raised Bill No. 1002 January Session, 2019 LCO No. 5222 Referred to Committee on ENVIRONMENT Introduced by: (ENV) AN ACT CONCERNING PH OSPHATE BYWASTES FROM ANAERO BIC DIGESTERS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 16a-3h of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2019): 2 On or after October 1, 2013, the Commissioner of Energy and 3 Environmental Protection, in consultation with the procurement 4 manager identified in subsection (l) of section 16-2, the Office of 5 Consumer Counsel and the Attorney General, may solicit proposals, in 6 one solicitation or multiple solicitations, from providers of the 7 following resources or any combination of the following resources: 8 Run-of-the-river hydropower, landfill methane gas, biomass, fuel cell, 9 offshore wind or anaerobic digestion, provided such source meets the 10 definition of a Class I renewable energy source pursuant to section 16-11 1, or energy storage systems. In making any selection of such 12 proposals, the commissioner shall consider factors, including, but not 13 limited to (1) whether the proposal is in the interest of ratepayers, 14 including, but not limited to, the delivered price of such sources, (2) 15 Raised Bill No. 1002 LCO No. 5222 2 of 3 the emissions profile of a relevant facility, (3) any investments made by 16 a relevant facility to improve the emissions profile of such facility, (4) 17 the length of time a relevant facility has received renewable energy 18 credits, (5) any positive impacts on the state's economic development, 19 (6) whether the proposal is consistent with requirements to reduce 20 greenhouse gas emissions in accordance with section 22a-200a, 21 including, but not limited to, the development of combined heat and 22 power systems, (7) whether the proposal is consistent with the policy 23 goals outlined in the Comprehensive Energy Strategy adopted 24 pursuant to section 16a-3d, (8) whether the proposal promotes electric 25 distribution system reliability and other electric distribution system 26 benefits, including, but not limited to, microgrids, (9) whether the 27 proposal promotes the policy goals outlined in the state-wide solid 28 waste management plan developed pursuant to section 22a-241a, [and] 29 (10) the positive reuse of sites with limited development opportunities, 30 including, but not limited to, brownfields or landfills, as identified by 31 the commissioner in any solicitation issued pursuant to this section, 32 and (11) for solicitations involving such anaerobic digestion, whether 33 technology employed by the owner or operator of such digester 34 enables the conversion of bywastes that contain concentrated levels of 35 phosphates into a commercial end product for agricultural use in this 36 or another state. The commissioner may select proposals from such 37 resources to meet up to six per cent of the load distributed by the 38 state's electric distribution companies, provided the commissioner 39 shall not select proposals for more than three per cent of the load 40 distributed by the state's electric distribution companies from offshore 41 wind resources. The commissioner may direct the electric distribution 42 companies to enter into power purchase agreements for energy, 43 capacity and environmental attributes, or any combination thereof, for 44 periods of not more than twenty years on behalf of all customers of the 45 state's electric distribution companies. Certificates issued by the New 46 England Power Pool Generation Information System for any Class I 47 renewable energy sources procured under this section may be: (A) 48 Sold in the New England Power Pool Generation Information System 49 renewable energy credit market to be used by any electric supplier or 50 Raised Bill No. 1002 LCO No. 5222 3 of 3 electric distribution company to meet the requirements of section 16-51 245a, provided the revenues from such sale are credited to all 52 customers of the contracting electric distribution company; or (B) 53 retained by the electric distribution company to meet the requirements 54 of section 16-245a. In considering whether to sell or retain such 55 certificates, the company shall select the option that is in the best 56 interest of such company's ratepayers. Any such agreement shall be 57 subject to review and approval by the Public Utilities Regulatory 58 Authority, which review shall be completed not later than sixty days 59 after the date on which such agreement is filed with the authority. The 60 net costs of any such agreement, including costs incurred by the 61 electric distribution companies under the agreement and reasonable 62 costs incurred by the electric distribution companies in connection 63 with the agreement, shall be recovered through a fully reconciling 64 component of electric rates for all customers of electric distribution 65 companies. All reasonable costs incurred by the Department of Energy 66 and Environmental Protection associated with the commissioner's 67 solicitation and review of proposals pursuant to this section shall be 68 recoverable through the nonbypassable federally mandated congestion 69 charges, as defined in section 16-1. 70 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019 16a-3h Statement of Purpose: To provide incentive for the use of technology by operators of anaerobic digesters that enables the conversion of phosphate rich bywastes into a useful commercial product. [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.]