Connecticut 2021 Regular Session

Connecticut House Bill HB06526 Compare Versions

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	7	+	General Assembly Substitute Bill No. 6526
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6526
5		-
6		-	Public Act No. 21-117
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8	13
9	14		AN ACT CONCERNING EL ECTRIC SUPPLIERS.
10	15		Be it enacted by the Senate and House of Representatives in General
11	16		Assembly convened:
12	17
13		-	Section 1. Subparagraph (A) of subdivision (7) of subsection (h) of
14		-	section 16-245o of the general statutes is repealed and the following is
15		-	substituted in lieu thereof (Effective July 1, 2021):
16		-	(7) (A) No contract for electric generation services by an electric
17		-	supplier shall require a residential customer to pay any fee for
18		-	termination or early cancellation of a contract. [in excess of fifty dollars,
19		-	provided when an electric supplier offers a contract, it provides the
20		-	residential customer an estimate of such customer's average monthly
21		-	bill, and provided further it] It shall not be considered a termination or
22		-	early cancellation of a contract if a residential customer moves from one
23		-	dwelling within the state and remains with the same electric supplier.
24		-	Sec. 2. Subdivision (1) of subsection (h) of section 16-245o of the
25		-	general statutes is repealed and the following is substituted in lieu
26		-	thereof (Effective July 1, 2021):
27		-	(h) (1) Any third-party [agent] who contracts with or is otherwise
28		-	compensated by an electric supplier to sell electric generation services,
29		-	or contracts with or is compensated by a third-party marketer of the Substitute House Bill No. 6526
	18	+	Section 1. Subparagraph (A) of subdivision (7) of subsection (h) of 1
	19	+	section 16-245o of the general statutes is repealed and the following is 2
	20	+	substituted in lieu thereof (Effective July 1, 2021): 3
	21	+	(7) (A) No contract for electric generation services by an electric 4
	22	+	supplier shall require a residential customer to pay any fee for 5
	23	+	termination or early cancellation of a contract. [in excess of fifty dollars, 6
	24	+	provided when an electric supplier offers a contract, it provides the 7
	25	+	residential customer an estimate of such customer's average monthly 8
	26	+	bill, and provided further it] It shall not be considered a termination or 9
	27	+	early cancellation of a contract if a residential customer moves from one 10
	28	+	dwelling within the state and remains with the same electric supplier. 11
	29	+	Sec. 2. Subdivision (1) of subsection (h) of section 16-245o of the 12
	30	+	general statutes is repealed and the following is substituted in lieu 13
	31	+	thereof (Effective July 1, 2021): 14
	32	+	(h) (1) Any third-party [agent] who contracts with or is otherwise 15
	33	+	compensated by an electric supplier to sell electric generation services, 16
	34	+	or contracts with or is compensated by a third-party marketer of the 17
	35	+	electric supplier to sell electric generation services for the electric 18 Substitute Bill No. 6526
30	36
31		-	Public Act No. 21-117 2 of 8
32	37
33		-	electric supplier to sell electric generation services for the electric
34		-	supplier, shall be a legal agent of the electric supplier. No third-party
35		-	[agent] may sell electric generation services on behalf of an electric
36		-	supplier unless [(A) the third-party agent is an employee or
37		-	independent contractor of such electric supplier, and (B) the third-party
38		-	agent] such third party has received appropriate training directly from
39		-	such electric supplier.
40		-	Sec. 3. Subsection (m) of section 16-245o of the general statutes is
41		-	repealed and the following is substituted in lieu thereof (Effective July 1,
42		-	2021):
43		-	(m) The Public Utilities Regulatory Authority may initiate a docket to
44		-	review the feasibility, costs and benefits of placing on standard service,
45		-	or of otherwise limiting the ability to contract with electric suppliers, all
46		-	customers [of all electric suppliers] (1) who are hardship cases for
47		-	purposes of subdivision (3) of subsection (b) of section 16-262c, (2)
48		-	having moneys due and owing deducted from such customers' bills by
49		-	the electric distribution company pursuant to subdivision (4) of
50		-	subsection (b) of section 16-262c, (3) receiving other financial assistance
51		-	from an electric distribution company, or (4) who are otherwise
52		-	protected by law from shutoff of electricity services. Notwithstanding
53		-	the provisions of section 16-245r, the authority may, in a final decision
54		-	issued pursuant to this subsection, (A) order all such customers to be
55		-	placed on standard service, (B) order all customer contracts with electric
56		-	suppliers, entered into on and after a determined date, to be at or below
57		-	the standard service rate, or (C) order all customer contracts, entered
58		-	into on and after a determined date, to comply with appropriate
59		-	limitations the authority deems necessary. If the authority issues such
60		-	an order, it shall reopen such docket not less than every two years.
61		-	Sec. 4. Subsection (g) of section 16-245o of the general statutes is
62		-	repealed and the following is substituted in lieu thereof (Effective July 1,
63		-	2021): Substitute House Bill No. 6526
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65		-	Public Act No. 21-117 3 of 8
	42	+	supplier, shall be a legal agent of the electric supplier. No third-party 19
	43	+	[agent] may sell electric generation services on behalf of an electric 20
	44	+	supplier unless [(A) the third-party agent is an employee or 21
	45	+	independent contractor of such electric supplier, and (B) the] such third-22
	46	+	party [agent] has received appropriate training directly from such 23
	47	+	electric supplier. 24
	48	+	Sec. 3. Subsection (m) of section 16-245o of the general statutes is 25
	49	+	repealed and the following is substituted in lieu thereof (Effective July 1, 26
	50	+	2021): 27
	51	+	(m) The Public Utilities Regulatory Authority may initiate a docket to 28
	52	+	review the feasibility, costs and benefits of placing on standard service, 29
	53	+	or of otherwise limiting the ability to contract with electric suppliers, all 30
	54	+	customers [of all electric suppliers] (1) who are hardship cases for 31
	55	+	purposes of subdivision (3) of subsection (b) of section 16-262c, (2) 32
	56	+	having moneys due and owing deducted from such customers' bills by 33
	57	+	the electric distribution company pursuant to subdivision (4) of 34
	58	+	subsection (b) of section 16-262c, (3) receiving other financial assistance 35
	59	+	from an electric distribution company, or (4) who are otherwise 36
	60	+	protected by law from shutoff of electricity services. Notwithstanding 37
	61	+	the provisions of section 16-245r, the authority may, in a final decision 38
	62	+	issued pursuant to this subsection, (A) order all such customers to be 39
	63	+	placed on standard service, (B) order all customer contracts with electric 40
	64	+	suppliers, entered into on and after a determined date, to be at or below 41
	65	+	the standard service rate, or (C) order all customer contracts, entered 42
	66	+	into on and after a determined date, to comply with appropriate 43
	67	+	limitations the authority deems necessary. If the authority issues such 44
	68	+	an order, it shall reopen such docket not less than every two years. 45
	69	+	Sec. 4. Subsection (g) of section 16-245o of the general statutes is 46
	70	+	repealed and the following is substituted in lieu thereof (Effective July 1, 47
	71	+	2021): 48
	72	+	(g) (1) Between thirty and sixty days, inclusive, prior to the expiration 49
	73	+	of a fixed price term for a residential customer, an electric supplier shall 50 Substitute Bill No. 6526
66	74
67		-	(g) (1) Between thirty and sixty days, inclusive, prior to the expiration
68		-	of a fixed price term for a residential customer, an electric supplier shall
69		-	provide a written notice of the contract expiration to such customer. [of
70		-	any change to the customer's electric generation price] Any new contract
71		-	shall contain a cover page highlighting each change from the prior
72		-	contract, in a format prescribed by the Public Utilities Regulatory
73		-	Authority. Such residential customer shall select the method of written
74		-	notice at the time the contract is signed or verified through third-party
75		-	verification as described in subdivision (2) of subsection (f) of this
76		-	section. Such selection shall include the option for written notice
77		-	through United States mail, electronic mail, text message, an application
78		-	on a cellular telephone or a third-party notification service approved by
79		-	the authority. Such customer shall have the option to change the method
80		-	of notification at any time during the contract.
81		-	(2) No electric supplier shall charge a residential customer month-to-
82		-	month variable rates for electric generation services following the
83		-	expiration of a contract entered into after June 3, 2014, without
84		-	providing written notification to such residential customer forty-five
85		-	days prior to the commencement of such month-to-month variable
86		-	rates. Such notice shall include the highest and lowest electric
87		-	generation service rate charged by such supplier as part of a variable
88		-	rate offer in each of the preceding twelve months to any customer
89		-	eligible for standard service. The residential customer shall select the
90		-	method of written notification at the time the contract is signed or
91		-	verified through third-party verification as described in subdivision (2)
92		-	of subsection (f) of this section. Such selection shall include the option
93		-	for written notice through United States mail, electronic mail, text
94		-	messages, an application on a cellular telephone or a third-party
95		-	notification service approved by the authority. Such customer shall have
96		-	the option to change the method of notification at any time during the
97		-	contract. Substitute House Bill No. 6526
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99		-	Public Act No. 21-117 4 of 8
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101		-	(3) No electric supplier shall charge an electric generation service rate
102		-	to a residential customer that is twenty-five per cent more than the
103		-	original contract price, [of a contract entered into after June 6, 2014] or
104		-	more than the first price term offered in the contract, without notifying
105		-	such customer of the rate change [fifteen] thirty days before it takes
106		-	effect. [, provided such notice shall only be required for the first instance
107		-	such rate is twenty-five per cent more than the original contract price.
108		-	After such one-time notice, no electric supplier shall charge an electric
109		-	generation service rate to a residential customer that is twenty-five per
110		-	cent more than the most recent notice of the rate change without
111		-	notifying such customer of the rate change fifteen days before it takes
112		-	effect.] Any notification described in this subdivision shall be provided
113		-	pursuant to the method agreed to by the customer in the contract and
114		-	may include written notice through United States mail, electronic mail,
115		-	text message, an application on a cellular telephone, or third-party
116		-	notification service approved by the authority. The electric supplier
117		-	shall maintain documentation of the original method of communication
118		-	of the notice.
119		-	(4) On and after October 1, 2015, no electric supplier shall (A) enter
120		-	into a contract to charge a residential customer a variable rate for electric
121		-	generation services; or (B) automatically renew or cause to be
122		-	automatically renewed a contract with a residential customer and,
123		-	pursuant to such contract, charge such customer a variable rate for
124		-	electric generation services. Notwithstanding any provision of title 16,
125		-	on and after July 1, 2022, no electric supplier shall charge a residential
126		-	customer a variable rate for electric generation services. On and after
127		-	July 1, 2022, any contract between an electric supplier and a residential
128		-	customer that provides for the use of such variable rates shall be deemed
129		-	null and void.
130		-	Sec. 5. Subdivision (8) of subsection (h) of section 16-245o of the
131		-	general statutes is repealed and the following is substituted in lieu Substitute House Bill No. 6526
	80	+	provide a written notice of the contract expiration to such customer [of 51
	81	+	any change to the customer's electric generation price] and shall not 52
	82	+	automatically renew said contract. An electric supplier may enter into a 53
	83	+	new contract with such customer's affirmative consent. Any new 54
	84	+	contract shall contain a cover page highlighting each change from the 55
	85	+	prior contract, in a format prescribed by the Public Utilities Regulatory 56
	86	+	Authority. Such residential customer shall select the method of written 57
	87	+	notice at the time the contract is signed or verified through third-party 58
	88	+	verification as described in subdivision (2) of subsection (f) of this 59
	89	+	section. Such selection shall include the option for written notice 60
	90	+	through United States mail, electronic mail, text message, an application 61
	91	+	on a cellular telephone or a third-party notification service approved by 62
	92	+	the authority. Such customer shall have the option to change the method 63
	93	+	of notification at any time during the contract. 64
	94	+	(2) No electric supplier shall charge a residential customer month-to-65
	95	+	month variable rates for electric generation services following the 66
	96	+	expiration of a contract entered into after June 3, 2014, without 67
	97	+	providing written notification to such residential customer forty-five 68
	98	+	days prior to the commencement of such month-to-month variable 69
	99	+	rates. Such notice shall include the highest and lowest electric 70
	100	+	generation service rate charged by such supplier as part of a variable 71
	101	+	rate offer in each of the preceding twelve months to any customer 72
	102	+	eligible for standard service. The residential customer shall select the 73
	103	+	method of written notification at the time the contract is signed or 74
	104	+	verified through third-party verification as described in subdivision (2) 75
	105	+	of subsection (f) of this section. Such selection shall include the option 76
	106	+	for written notice through United States mail, electronic mail, text 77
	107	+	messages, an application on a cellular telephone or a third-party 78
	108	+	notification service approved by the authority. Such customer shall have 79
	109	+	the option to change the method of notification at any time during the 80
	110	+	contract. 81
	111	+	(3) No electric supplier shall charge an electric generation service rate 82
	112	+	to a residential customer that is twenty-five per cent more than the 83 Substitute Bill No. 6526
132	113
133		-	Public Act No. 21-117 5 of 8
134	114
135		-	thereof (Effective July 1, 2021):
136		-	(8) An electric supplier shall not make a material change in the terms
137		-	or duration of any contract for the provision of electric generation
138		-	services by an electric supplier without the express consent of the
139		-	customer. Nothing in this subdivision shall restrict an electric supplier
140		-	from renewing a contract by clearly informing the customer, in writing,
141		-	not less than thirty days or more than sixty days before the renewal date,
142		-	of the renewal terms, including a summary of any new or altered terms,
143		-	and of the option not to accept the renewal offer, provided no fee
144		-	pursuant to subdivision (7) of this subsection shall be charged. [to a
145		-	customer who terminates or cancels such renewal within the first two
146		-	billing cycles of the renewed contract.]
147		-	Sec. 6. Subsection (j) of section 16-245 of the general statutes is
148		-	repealed and the following is substituted in lieu thereof (Effective July 1,
149		-	2021):
150		-	(j) No license may be transferred, and no customer may be assigned
151		-	or transferred, without the prior approval of the authority. Notice of
152		-	such assignment or transfer shall be provided to the Public Utilities
153		-	Regulatory Authority at least thirty days prior to the effective date of
154		-	the assignment or transfer of a customer from one electric supplier to
155		-	another electric supplier. The authority may, upon its review of such
156		-	notice, require certain conditions or deny assignment or transfer of such
157		-	customer. Customer assignment or transfer shall be approved, modified
158		-	or denied by the authority within thirty business days of the authority's
159		-	receipt of such notice from the electric supplier, unless the authority and
160		-	electric supplier agree to a specified extension of time, or such
161		-	assignment or transfer is deemed approved. The authority may assess
162		-	additional licensing fees to pay the administrative costs of reviewing a
163		-	request for such transfer.
164		-	Sec. 7. Subsection (a) of section 16-245 of the general statutes is Substitute House Bill No. 6526
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165	118
166		-	Public Act No. 21-117 6 of 8
	119	+	original contract price, [of a contract entered into after June 6, 2014,] or 84
	120	+	more than the first price term offered in the contract, without notifying 85
	121	+	such customer of the rate change [fifteen] thirty days before it takes 86
	122	+	effect. [, provided such notice shall only be required for the first instance 87
	123	+	such rate is twenty-five per cent more than the original contract price. 88
	124	+	After such one-time notice, no electric supplier shall charge an electric 89
	125	+	generation service rate to a residential customer that is twenty-five per 90
	126	+	cent more than the most recent notice of the rate change without 91
	127	+	notifying such customer of the rate change fifteen days before it takes 92
	128	+	effect.] Any notification described in this subdivision shall be provided 93
	129	+	pursuant to the method agreed to by the customer in the contract and 94
	130	+	may include written notice through United States mail, electronic mail, 95
	131	+	text message, an application on a cellular telephone, or third-party 96
	132	+	notification service approved by the authority. The electric supplier 97
	133	+	shall maintain documentation of the original method of communication 98
	134	+	of the notice. 99
	135	+	(4) On and after October 1, 2015, no electric supplier shall (A) enter 100
	136	+	into a contract to charge a residential customer a variable rate for electric 101
	137	+	generation services; or (B) automatically renew or cause to be 102
	138	+	automatically renewed a contract with a residential customer and, 103
	139	+	pursuant to such contract, charge such customer a variable rate for 104
	140	+	electric generation services. On and after October 1, 2021, no electric 105
	141	+	supplier shall enter into a contract that contains an automatic renewal 106
	142	+	provision. 107
	143	+	Sec. 5. Subdivision (8) of subsection (h) of section 16-245o of the 108
	144	+	general statutes is repealed and the following is substituted in lieu 109
	145	+	thereof (Effective July 1, 2021): 110
	146	+	(8) An electric supplier shall not make a material change in the terms 111
	147	+	or duration of any contract for the provision of electric generation 112
	148	+	services by an electric supplier without the express consent of the 113
	149	+	customer. [Nothing in this subdivision shall restrict an electric supplier 114
	150	+	from renewing a contract by clearly informing the customer, in writing, 115
	151	+	not less than thirty days or more than sixty days before the renewal date, 116 Substitute Bill No. 6526
167	152
168		-	repealed and the following is substituted in lieu thereof (Effective July 1,
169		-	2021):
170		-	(a) No person shall execute any contract relating to the sale of electric
171		-	generation services to be rendered after January 1, 2000, to end use
172		-	customers located in the state unless such person has been issued a
173		-	license by the authority in accordance with the provisions of this section.
174		-	No license shall be valid before July 1, 1999. The Public Utilities
175		-	Regulatory Authority shall have the authority to condition an electric
176		-	supplier's license and access to the systems and billing of the electric
177		-	distribution companies on terms the authority determines to be just and
178		-	reasonable, including, but not limited to, proof that the electric
179		-	supplier's products are not overpriced or harmful to residential
180		-	customers.
181		-	Sec. 8. Subsection (k) of section 16-245 of the general statutes is
182		-	repealed and the following is substituted in lieu thereof (Effective July 1,
183		-	2021):
184		-	(k) Any licensee who fails to comply with a license condition or who
185		-	violates any provision of this section, except for the renewable portfolio
186		-	standards contained in subsection (g) of this section, shall be subject to
187		-	civil penalties by the Public Utilities Regulatory Authority in accordance
188		-	with section 16-41, [or] including direction that a portion of the civil
189		-	penalty be paid to a nonprofit agency engaged in energy assistance
190		-	programs named by the authority in its decision or notice of violation,
191		-	the suspension or revocation of such license [or] and a prohibition on
192		-	accepting new customers following a hearing that is conducted as a
193		-	contested case in accordance with chapter 54. Notwithstanding the
194		-	provisions of subsection (b) of section 16-244c regarding an alternative
195		-	transitional standard offer option or an alternative standard service
196		-	option, the authority shall require a payment by a licensee that fails to
197		-	comply with the renewable portfolio standards in accordance with
198		-	subdivision (4) of subsection (g) of this section in the amount of: (1) For Substitute House Bill No. 6526
199	153
200		-	Public Act No. 21-117 7 of 8
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201	157
202		-	calendar years up to and including calendar year 2017, five and one-half
203		-	cents per kilowatt hour, (2) for calendar years commencing on January
204		-	1, 2018, and up to and including the calendar year commencing on
205		-	January 1, 2020, five and one-half cents per kilowatt hour if the licensee
206		-	fails to comply with the renewable portfolio standards during the
207		-	subject annual period for Class I renewable energy sources, and two and
208		-	one-half cents per kilowatt hour if the licensee fails to comply with the
209		-	renewable portfolio standards during the subject annual period for
210		-	Class II renewable energy sources, and (3) for calendar years
211		-	commencing on and after January 1, 2021, four cents per kilowatt hour
212		-	if the licensee fails to comply with the renewable portfolio standards
213		-	during the subject annual period for Class I renewable energy sources,
214		-	and two and one-half cents per kilowatt hour if the licensee fails to
215		-	comply with the renewable portfolio standards during the subject
216		-	annual period for Class II renewable energy sources. On or before
217		-	December 31, 2013, the authority shall issue a decision, following an
218		-	uncontested proceeding, on whether any licensee has failed to comply
219		-	with the renewable portfolio standards for calendar years up to and
220		-	including 2012, for which a decision has not already been issued. On
221		-	and after June 5, 2013, the Public Utilities Regulatory Authority shall
222		-	annually conduct an uncontested proceeding in order to determine
223		-	whether any licensee has failed to comply with the renewable portfolio
224		-	standards during the preceding year. Not later than December 31, 2014,
225		-	and annually thereafter, the authority shall, following such proceeding,
226		-	issue a decision as to whether the licensee has failed to comply with the
227		-	renewable portfolio standards during the preceding year. The authority
228		-	shall allocate such payment to the Clean Energy Fund for the
229		-	development of Class I renewable energy sources, provided, on and
230		-	after June 5, 2013, any such payment shall be refunded to ratepayers by
231		-	using such payment to offset the costs to all customers of electric
232		-	distribution companies of the costs of contracts and tariffs entered into
233		-	pursuant to sections 16-244r, 16-244t and section 16-244z. Any excess
234		-	amount remaining from such payment shall be applied to reduce the Substitute House Bill No. 6526
	158	+	of the renewal terms, including a summary of any new or altered terms, 117
	159	+	and of the option not to accept the renewal offer, provided no fee 118
	160	+	pursuant to subdivision (7) of this subsection shall be charged to a 119
	161	+	customer who terminates or cancels such renewal within the first two 120
	162	+	billing cycles of the renewed contract.] 121
	163	+	Sec. 6. Subsection (j) of section 16-245 of the general statutes is 122
	164	+	repealed and the following is substituted in lieu thereof (Effective July 1, 123
	165	+	2021): 124
	166	+	(j) No license may be transferred, and no customer may be assigned 125
	167	+	or transferred, without the prior approval of the authority. Notice of 126
	168	+	such assignment or transfer shall be provided to the Public Utilities 127
	169	+	Regulatory Authority at least thirty days prior to the effective date of 128
	170	+	the assignment or transfer of a customer from one electric supplier to 129
	171	+	another electric supplier. The authority may, upon its review of such 130
	172	+	notice, require certain conditions or deny assignment or transfer of such 131
	173	+	customer. Customer assignment or transfer shall be approved, modified 132
	174	+	or denied by the authority within thirty business days of the authority's 133
	175	+	receipt of such notice from the electric supplier, unless the authority and 134
	176	+	electric supplier agree to a specified extension of time, or such 135
	177	+	assignment or transfer is deemed approved. The authority may assess 136
	178	+	additional licensing fees to pay the administrative costs of reviewing a 137
	179	+	request for such transfer. 138
	180	+	Sec. 7. Subsection (a) of section 16-245 of the general statutes is 139
	181	+	repealed and the following is substituted in lieu thereof (Effective July 1, 140
	182	+	2021): 141
	183	+	(a) No person shall execute any contract relating to the sale of electric 142
	184	+	generation services to be rendered after January 1, 2000, to end use 143
	185	+	customers located in the state unless such person has been issued a 144
	186	+	license by the authority in accordance with the provisions of this section. 145
	187	+	No license shall be valid before July 1, 1999. The Public Utilities 146
	188	+	Regulatory Authority shall have the authority to condition an electric 147
	189	+	supplier's license and access to the systems and billing of the electric 148 Substitute Bill No. 6526
235	190
236		-	Public Act No. 21-117 8 of 8
237	191
238		-	costs of contracts entered into pursuant to subdivision (2) of subsection
239		-	(j) of section 16-244c, and if any excess amount remains, such amount
240		-	shall be applied to reduce costs collected through nonbypassable,
241		-	federally mandated congestion charges, as defined in section 16-1.
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	195	+
	196	+	distribution companies on terms the authority determines to be just and 149
	197	+	reasonable, including, but not limited to, proof that the electric 150
	198	+	supplier's products are not overpriced or harmful to customers. 151
	199	+	Sec. 8. Subsection (k) of section 16-245 of the general statutes is 152
	200	+	repealed and the following is substituted in lieu thereof (Effective July 1, 153
	201	+	2021): 154
	202	+	(k) Any licensee who fails to comply with a license condition or who 155
	203	+	violates any provision of this section, except for the renewable portfolio 156
	204	+	standards contained in subsection (g) of this section, shall be subject to 157
	205	+	civil penalties by the Public Utilities Regulatory Authority in accordance 158
	206	+	with section 16-41, [or] including direction that a portion of the civil 159
	207	+	penalty be paid to a nonprofit agency engaged in energy assistance 160
	208	+	programs named by the authority in its decision or notice of violation, 161
	209	+	the suspension or revocation of such license [or] and a prohibition on 162
	210	+	accepting new customers following a hearing that is conducted as a 163
	211	+	contested case in accordance with chapter 54. Notwithstanding the 164
	212	+	provisions of subsection (b) of section 16-244c regarding an alternative 165
	213	+	transitional standard offer option or an alternative standard service 166
	214	+	option, the authority shall require a payment by a licensee that fails to 167
	215	+	comply with the renewable portfolio standards in accordance with 168
	216	+	subdivision (4) of subsection (g) of this section in the amount of: (1) For 169
	217	+	calendar years up to and including calendar year 2017, five and one-half 170
	218	+	cents per kilowatt hour, (2) for calendar years commencing on January 171
	219	+	1, 2018, and up to and including the calendar year commencing on 172
	220	+	January 1, 2020, five and one-half cents per kilowatt hour if the licensee 173
	221	+	fails to comply with the renewable portfolio standards during the 174
	222	+	subject annual period for Class I renewable energy sources, and two and 175
	223	+	one-half cents per kilowatt hour if the licensee fails to comply with the 176
	224	+	renewable portfolio standards during the subject annual period for 177
	225	+	Class II renewable energy sources, and (3) for calendar years 178
	226	+	commencing on and after January 1, 2021, four cents per kilowatt hour 179
	227	+	if the licensee fails to comply with the renewable portfolio standards 180
	228	+	during the subject annual period for Class I renewable energy sources, 181 Substitute Bill No. 6526
	229	+
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	234	+
	235	+	and two and one-half cents per kilowatt hour if the licensee fails to 182
	236	+	comply with the renewable portfolio standards during the subject 183
	237	+	annual period for Class II renewable energy sources. On or before 184
	238	+	December 31, 2013, the authority shall issue a decision, following an 185
	239	+	uncontested proceeding, on whether any licensee has failed to comply 186
	240	+	with the renewable portfolio standards for calendar years up to and 187
	241	+	including 2012, for which a decision has not already been issued. On 188
	242	+	and after June 5, 2013, the Public Utilities Regulatory Authority shall 189
	243	+	annually conduct an uncontested proceeding in order to determine 190
	244	+	whether any licensee has failed to comply with the renewable portfolio 191
	245	+	standards during the preceding year. Not later than December 31, 2014, 192
	246	+	and annually thereafter, the authority shall, following such proceeding, 193
	247	+	issue a decision as to whether the licensee has failed to comply with the 194
	248	+	renewable portfolio standards during the preceding year. The authority 195
	249	+	shall allocate such payment to the Clean Energy Fund for the 196
	250	+	development of Class I renewable energy sources, provided, on and 197
	251	+	after June 5, 2013, any such payment shall be refunded to ratepayers by 198
	252	+	using such payment to offset the costs to all customers of electric 199
	253	+	distribution companies of the costs of contracts and tariffs entered into 200
	254	+	pursuant to sections 16-244r, 16-244t and section 16-244z. Any excess 201
	255	+	amount remaining from such payment shall be applied to reduce the 202
	256	+	costs of contracts entered into pursuant to subdivision (2) of subsection 203
	257	+	(j) of section 16-244c, and if any excess amount remains, such amount 204
	258	+	shall be applied to reduce costs collected through nonbypassable, 205
	259	+	federally mandated congestion charges, as defined in section 16-1. 206
	260	+	This act shall take effect as follows and shall amend the following
	261	+	sections:
	262	+
	263	+	Section 1 July 1, 2021 16-245o(h)(7)(A)
	264	+	Sec. 2 July 1, 2021 16-245o(h)(1)
	265	+	Sec. 3 July 1, 2021 16-245o(m)
	266	+	Sec. 4 July 1, 2021 16-245o(g)
	267	+	Sec. 5 July 1, 2021 16-245o(h)(8)
	268	+	Sec. 6 July 1, 2021 16-245(j)
	269	+	Sec. 7 July 1, 2021 16-245(a) Substitute Bill No. 6526
	270	+
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	276	+	Sec. 8 July 1, 2021 16-245(k)
	277	+
	278	+	ET Joint Favorable Subst.
242	279