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General Assembly Governor's Bill No. 10
February Session, 2020
LCO No. 543
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
SEN. LOONEY, 11
th
Dist.
SEN. DUFF, 25
th
Dist.
REP. ARESIMOWICZ, 30
th
Dist.
REP. RITTER M., 1
st
Dist.
AN ACT CONCERNING CE RTAIN RECOMMENDATION S REGARDING
CLIMATE CHANGE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-174g of the general statutes is amended by 1
adding subsections (c) and (d) as follows (Effective October 1, 2020): 2
(NEW) (c) (1) On or before December 31, 2021, the Commissioner of 3
Energy and Environmental Protection shall assess the energy, 4
environmental and air quality impacts of adopting California's medium 5
and heavy duty vehicle emission standards. 6
(2) Pursuant to subdivision (1) of this subsection, if the commissioner 7
deems such adoption necessary to meet federal air quality standards or 8
state greenhouse gas reduction requirements, the commissioner may 9
adopt regulations, in accordance with the provisions of chapter 54, to 10
implement California's medium and heavy duty vehicle emission 11
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standards and shall amend such regulations from time to time, in 12
accordance with changes to such standards. Such regulations may 13
incorporate by reference California's medium and heavy duty vehicle 14
emission standards established in final regulations issued by the 15
California Air Resources Board pursuant to Title 13 of the California 16
Code of Regulations and promulgated under the authority of Division 17
26 of the California Health and Safety Code, as may be amended from 18
time to time. The commissioner may enter into any agreement deemed 19
necessary to ensure the effective and efficient implementation of this 20
subsection. 21
(NEW) (d) In consultation with the Commissioner of Motor Vehicles 22
and in accordance with subsection (b) of section 14-164c, the 23
Commissioner of Energy and Environmental Protection may furnish the 24
Commissioner of Motor Vehicles with emission standards for all 25
medium and heavy duty motor vehicles for the purpose of establishing 26
inspection and maintenance requirements in accordance with said 27
subsection. The Commissioner of Energy and Environmental Protection 28
and the Commissioner of Motor Vehicles may enter into any agreement 29
deemed necessary to ensure the effective and efficient implementation 30
of this subsection, including, but not limited to, reciprocity agreements 31
with other states for medium and heavy duty motor vehicles moving in 32
interstate commerce. 33
Sec. 2. Subsection (a) of section 22a-200a of the general statutes is 34
repealed and the following is substituted in lieu thereof (Effective July 1, 35
2020): 36
(a) The state shall reduce the level of emissions of greenhouse gas: 37
(1) Not later than January 1, 2020, to a level at least ten per cent below 38
the level emitted in 1990; 39
(2) Not later than January 1, 2030, to a level at least forty-five per cent 40
below the level emitted in 2001; [and] 41
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(3) Not later than January 1, 2040, to a level of zero per cent from 42
electric generation serving electric usage in the state; 43
[(3)] (4) Not later than January 1, 2050, to a level at least eighty per 44
cent below the level emitted in 2001; [.] and 45
[(4)] (5) All of the levels referenced in this subsection shall be 46
determined by the Commissioner of Energy and Environmental 47
Protection. 48
Sec. 3. (NEW) (Effective from passage) (a) The Commissioner of Energy 49
and Environmental Protection, in consultation with the procurement 50
manager identified in subsection (l) of section 16-2 of the general 51
statutes, the Office of Consumer Counsel and the Attorney General, 52
may, in coordination with other states in the control area of the regional 53
independent system operator, as defined in section 16-1 of the general 54
statutes, in coordination with states in a neighboring control area, or on 55
behalf of the state alone, solicit proposals for energy products or 56
benefits, associated attributes and associated transmission, or any 57
combination thereof, in one solicitation or multiple solicitations, from 58
any combination of the following resources: (1) Active demand response 59
measures, (2) passive demand response measures, including, but not 60
limited to, energy efficiency and load management, and (3) energy 61
storage systems. The commissioner may select proposals from such 62
resources that do not, annually, exceed three hundred thousand 63
megawatt hours of electricity in the aggregate. 64
(b) If an electric distribution company, as defined in section 16-1 of 65
the general statutes, submits a proposal, such electric distribution 66
company shall demonstrate that the electric demand reductions of the 67
proposal are in addition to the projected electric demand reductions of 68
the conservation and load management programs authorized pursuant 69
to section 16-245m of the general statutes. 70
(c) In making any selection of such proposals, the commissioner shall 71
consider factors, including, but not limited to, whether the proposal (1) 72
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is in the best interest of ratepayers, (2) is consistent with the 73
requirements to reduce greenhouse gas emissions in accordance with 74
section 22a-200a of the general statutes, as amended by this act, and (3) 75
is consistent with the policy goals outlined in the Comprehensive 76
Energy Strategy adopted pursuant to section 16a-3d of the general 77
statutes and the Integrated Resources Plan adopted pursuant to section 78
16a-3a of the general statutes. 79
(d) The commissioner may direct the electric distribution companies 80
to enter into power purchase agreements for energy products and 81
associated attributes, associated transmission or any combination 82
thereof from resources selected pursuant to this section for periods of 83
not more than twenty years on behalf of all customers of the state's 84
electric distribution companies. 85
(e) Certificates issued by the New England Power Pool Generation 86
Information System for any Class III source procured by an electric 87
distribution company pursuant to this section may be: (1) Sold into the 88
New England Power Pool Generation Information System renewable 89
energy credit market to be used by any electric supplier or electric 90
distribution company to meet the requirements of section 16-245a of the 91
general statutes, provided the revenues from such sale are credited to 92
electric distribution company customers as described in this section; or 93
(2) retained by the electric distribution company to meet the 94
requirements of section 16-245a of the general statutes. In considering 95
whether to sell or retain such certificates, the company shall select the 96
option that is in the best interest of such company's ratepayers, as 97
directed by the Public Utilities Regulatory Authority. 98
(f) Any agreement entered into pursuant to this section shall be 99
subject to review and approval by the Public Utilities Regulatory 100
Authority, which review shall be completed not later than one hundred 101
twenty days after receipt by the authority. The authority shall review 102
and approve such agreement if it meets the criteria in the request for 103
proposals issued pursuant to subsection (a) of this section and is in the 104
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best interest of ratepayers. If the authority does not issue a decision 105
within one hundred and twenty days after such filing, the agreement 106
shall be deemed approved. The net costs of any such agreement, 107
including costs incurred by the electric distribution companies under 108
the agreement and reasonable costs incurred by the electric distribution 109
companies in connection with the agreement, shall be recovered 110
through a fully reconciling component of electric rates for all customers 111
of electric distribution companies. Any net revenues from the sale of 112
products purchased in accordance with long-term contracts entered into 113
pursuant to this section shall be credited to customers through the same 114
fully reconciling rate component for all customers of the contracting 115
electric distribution company. 116
(g) The commissioner may hire consultants with expertise in 117
quantitative modeling of electric and gas markets to assist in 118
implementing this section, including, but not limited to, the evaluation 119
of proposals submitted pursuant to this section. All reasonable costs 120
associated with the commissioner's solicitation and review of proposals 121
pursuant to this section shall be recoverable through the same fully 122
reconciling rate component for all customers of the electric distribution 123
companies. Such costs shall be recoverable even if the commissioner 124
does not select any proposals pursuant to any solicitation issued 125
pursuant to this section. 126
(h) (1) Any dispute arising from a contract that is approved by the 127
authority pursuant to this section shall be brought to the authority. A 128
party may petition the authority for a declaratory ruling or make an 129
application for review pursuant to this subsection. Notwithstanding 130
subsection (a) of section 4-176 of the general statutes, the authority may 131
not, on its own motion, initiate a proceeding to review a contract entered 132
into pursuant to this subsection. 133
(2) The authority shall review such contract claims brought pursuant 134
to subdivision (1) of this subsection. The authority shall decide such 135
contract claims by issuing a declaratory ruling or a final decision in a 136
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contested case proceeding, including ordering legal and equitable 137
contract remedies. Any party to the contract shall have the right to 138
appeal to the Superior Court from any such declaratory ruling or final 139
decision adjudicating such contract claims pursuant to this subsection. 140
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 22a-174g
Sec. 2 July 1, 2020 22a-200a(a)
Sec. 3 from passage New section
Statement of Purpose:
To implement the Governor's budget recommendations.
[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.]