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General Assembly Governor's Bill No. 882
January Session, 2021
LCO No. 3280
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
Request of the Governor Pursuant
to Joint Rule 9
AN ACT CONCERNING CL IMATE CHANGE MITIGATION AND HOME
ENERGY AFFORDABILITY .
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 22a-200a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2021): 3
(a) The state shall reduce the level of emissions of greenhouse gas: 4
(1) Not later than January 1, 2020, to a level at least ten per cent below 5
the level emitted in 1990; 6
(2) Not later than January 1, 2030, to a level at least forty-five per cent 7
below the level emitted in 2001; [and] 8
(3) Not later than January 1, 2040, to a level of zero per cent from 9
electricity supplied to electric customers in the state; 10 Governor's Bill No. 882
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[(3)] (4) Not later than January 1, 2050, to a level at least eighty per 11
cent below the level emitted in 2001; [.] and 12
[(4)] (5) All of the levels referenced in this subsection shall be 13
determined by the Commissioner of Energy and Environmental 14
Protection. 15
Sec. 2. (NEW) (Effective July 1, 2021) (a) The Commissioner of Energy 16
and Environmental Protection, in consultation with the procurement 17
manager identified in subsection (l) of section 16-2 of the general 18
statutes, the Office of Consumer Counsel and the Attorney General, 19
may, in coordination with other states in the control area of the regional 20
independent system operator, as defined in section 16-1 of the general 21
statutes, in coordination with states in a neighboring control area, or on 22
behalf of the state alone, solicit proposals for energy products or 23
benefits, associated attributes or any combination thereof, in one 24
solicitation or multiple solicitations, from any active demand response 25
measures, passive demand reduction measures or any combination 26
thereof. The commissioner may select proposals from such resources 27
that do not, annually, exceed three hundred thousand megawatt hours 28
of electricity in the aggregate or one hundred megawatts of demand 29
reduction. 30
(b) If an electric distribution company, as defined in section 16-1 of 31
the general statutes, submits a proposal, such electric distribution 32
company shall demonstrate that the electric demand reductions of the 33
proposal are in addition to the projected electric demand reductions of 34
the conservation and load management programs authorized pursuant 35
to section 16-245m of the general statutes. 36
(c) In making any selection of such proposals, the commissioner shall 37
consider factors, including, but not limited to, whether the proposal (1) 38
is in the best interest of ratepayers, (2) is consistent with the 39
requirements to reduce greenhouse gas emissions in accordance with 40
section 22a-200a of the general statutes, as amended by this act, (3) is 41
consistent with the policy goals outlined in the Comprehensive Energy 42 Governor's Bill No. 882
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Strategy adopted pursuant to section 16a-3d of the general statutes and 43
the Integrated Resources Plan adopted pursuant to section 16a-3a of the 44
general statutes, and (4) whether the proposal promotes electric 45
distribution system benefits. 46
(d) The commissioner may direct the electric distribution companies 47
to enter into power purchase agreements for energy products or 48
benefits, associated attributes or any combination thereof from 49
resources selected pursuant to this section for periods of not more than 50
twenty years on behalf of customers of the state's electric distribution 51
companies. The commissioner may direct the electric distribution 52
companies to provide information necessary to develop and implement 53
any solicitation issued pursuant to this section, including, but not 54
limited to, criteria for distribution system benefits. 55
(e) Certificates issued by the New England Power Pool Generation 56
Information System for any Class III source procured by an electric 57
distribution company pursuant to this section may be: (1) Sold into the 58
New England Power Pool Generation Information System renewable 59
energy credit market to be used by any electric supplier or electric 60
distribution company to meet the requirements of section 16-245a of the 61
general statutes, provided the revenues from such sale are credited to 62
electric distribution company customers as described in this section; or 63
(2) retained by the electric distribution company to meet the 64
requirements of section 16-245a of the general statutes. In considering 65
whether to sell or retain such certificates, the electric distribution 66
company shall select the option that is in the best interest of such 67
company's ratepayers, as directed by the Public Utilities Regulatory 68
Authority. 69
(f) Any agreement entered into pursuant to this section shall be 70
subject to review and approval by the Public Utilities Regulatory 71
Authority, which review shall be completed not later than one hundred 72
twenty days after receipt by the authority. The authority shall review 73
and approve such agreement if it meets the criteria in the request for 74
proposals issued pursuant to subsection (a) of this section and is in the 75 Governor's Bill No. 882
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best interest of ratepayers. If the authority does not issue a decision 76
within one hundred twenty days after such filing, the agreement shall 77
be deemed approved. The net costs of any such agreement, including 78
costs incurred by the electric distribution companies under the 79
agreement and reasonable and prudent costs incurred by the electric 80
distribution companies in connection with the agreement, shall be 81
recovered on a timely basis through a fully reconciling component of 82
electric rates through all customers of the electric distribution 83
companies. Any net revenues from the sale of products purchased in 84
accordance with long-term contracts entered into pursuant to this 85
section shall be credited to customers of the electric distribution 86
companies. 87
(g) The commissioner may hire consultants with expertise in active 88
and passive demand response programs to assist in implementing this 89
section, including, but not limited to, the evaluation of proposals 90
submitted pursuant to this section. All reasonable costs associated with 91
the commissioner's solicitation and review of proposals pursuant to this 92
section shall be recoverable on a timely basis through a fully reconciling 93
component of electric rates through all customers of the electric 94
distribution companies. Such costs shall be recoverable even if the 95
commissioner does not select any proposals pursuant to any solicitation 96
issued pursuant to this section. 97
(h) (1) Any dispute arising from a contract that is approved by the 98
authority pursuant to this section shall be brought to the authority. A 99
party may petition the authority for a declaratory ruling or make an 100
application for review pursuant to this subsection. Notwithstanding 101
subsection (a) of section 4-176 of the general statutes, the authority may 102
not, on its own motion, initiate a proceeding to review a contract entered 103
into pursuant to this subsection. 104
(2) The authority shall review such contract claims brought pursuant 105
to subdivision (1) of this subsection. The authority shall decide such 106
contract claims by issuing a declaratory ruling or a final decision in a 107
contested case proceeding, including ordering legal and equitable 108 Governor's Bill No. 882
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contract remedies. Any party to the contract shall have the right to 109
appeal to the Superior Court from any such declaratory ruling or final 110
decision adjudicating such contract claims pursuant to this subsection. 111
Sec. 3. (NEW) (Effective October 1, 2021) (a) (1) As used in this section, 112
"Home Energy Label" means (A) a United States Department of Energy 113
Home Energy Score, (B) a Home Energy Rating System Index Score, or 114
(C) an ENERGY STAR Score. 115
(2) The Department of Energy and Environmental Protection may 116
adopt regulations, in accordance with the provisions of chapter 54 of the 117
general statutes, that qualify additional standards as a Home Energy 118
Label. 119
(b) (1) A landlord shall provide a Home Energy Label for any 120
dwelling unit wherever such dwelling unit is publicly listed to rent, 121
unless such rent payment will include all charges for electricity, natural 122
gas or heating fuel, as defined in section 16a-23m of the general statutes. 123
(2) Notwithstanding the provisions of subdivision (1) of this 124
subsection, a landlord may comply with the requirements of this section 125
by providing the: (A) Total monthly costs of electricity, natural gas or 126
heating fuel for such dwelling unit during the most recent twelve 127
months of occupation; (B) total monthly amounts of electricity, natural 128
gas or heating fuel consumed for such dwelling unit during the most 129
recent twelve months of occupation; (C) average costs of electricity, 130
natural gas or heating fuel for such dwelling unit during the most recent 131
twelve months of occupation; and (D) average monthly amounts of 132
electricity, natural gas or heating fuel consumed for such dwelling unit 133
during the most recent twelve months of occupation. 134
(c) Each electric distribution and gas company, as defined in section 135
16-1 of the general statutes, heating fuel dealer, as defined in section 16a-136
23m of the general statutes, and other provider of electricity, natural gas 137
or heating fuel shall maintain and make available to a landlord, free of 138
charge, records of the energy consumption data for dwelling units 139
owned, leased or subleased by said landlord for the preceding twelve 140 Governor's Bill No. 882
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months of occupation. The Public Utilities Regulatory Authority may 141
authorize each electric distribution and gas company to recover its 142
prudently incurred information technology costs associated with the 143
collection and distribution of the energy consumption data made 144
available to landlords pursuant to this subsection. 145
(d) If such dwelling unit was unoccupied during part or all of the 146
preceding twelve months, such records shall contain energy 147
consumption data for the most recent twelve months of occupation. 148
(e) No electric distribution company, gas company, heating fuel 149
dealer or other provider of electricity, natural gas or heating fuel shall 150
disclose personally identifiable information in such records when the 151
energy associated account owner and the landlord are not the same 152
person. 153
(f) (1) If any landlord fails to comply with the provisions of this 154
section, the tenant may deduct an amount equivalent to one month's 155
rent from any sum of rent or payment for use and occupancy due and 156
owing, or to become due and owing, to the landlord. 157
(2) Notwithstanding the provisions of section 51-164p of the general 158
statutes, any municipality may, by ordinance, establish a civil penalty 159
payable to such municipality for a violation of this section, provided 160
such civil penalty shall not exceed five hundred dollars for the first 161
violation and one thousand dollars for any subsequent violation. Any 162
person who is assessed a civil penalty pursuant to this section may 163
appeal therefrom to the Superior Court. 164
(3) An appeal shall be instituted not later than thirty days after the 165
mailing of notice of such assessment by filing a petition to reopen 166
assessment, together with an entry fee in an amount equal to the entry 167
fee for a small claims case pursuant to section 52-259 of the general 168
statutes, at the superior court facility designated by the Chief Court 169
Administrator, which shall entitle such person to a hearing in 170
accordance with the rules of the judges of the Superior Court. 171 Governor's Bill No. 882
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(4) The remedies in this subsection shall be in addition to any other 172
remedies available at law, or in equity, to any person. This section shall 173
not be construed to limit or restrict the authority of any state or local 174
housing or health code enforcement agency. 175
Sec. 4. (NEW) (Effective October 1, 2021) (a) (1) As used in this section, 176
"Home Energy Label" means (A) a United States Department of Energy 177
Home Energy Score, (B) a Home Energy Rating System Index Score, or 178
(C) an ENERGY STAR Score. 179
(2) The Department of Energy and Environmental Protection may 180
adopt regulations, in accordance with the provisions of chapter 54 of the 181
general statutes, that qualify additional standards as a Home Energy 182
Label. 183
(b) (1) A residential property owner shall provide a Home Energy 184
Label for any residential property wherever such residential property is 185
publicly listed for sale. 186
(2) Notwithstanding the provisions of subdivision (1) of this 187
subsection, a residential property owner may comply with the 188
requirements of this section by providing the: (A) Total monthly costs 189
of electricity, natural gas or heating fuel for such residential property 190
during the most recent twelve months of occupation; (B) total monthly 191
amounts of electricity, natural gas or heating fuel consumed for such 192
residential property during the most recent twelve months of 193
occupation; (C) average costs of electricity, natural gas or heating fuel 194
for such residential property during the most recent twelve months of 195
occupation; and (D) average monthly amounts of electricity, natural gas 196
or heating fuel consumed for such residential property during the most 197
recent twelve months of occupation. 198
(c) Each electric distribution and gas company, as defined in section 199
16-1 of the general statutes, heating fuel dealer, as defined in section 16a-200
23m of the general statutes, and other provider of electricity, natural gas 201
or heating fuel shall maintain and make available to a residential 202
property owner, free of charge, records of the energy consumption data 203 Governor's Bill No. 882
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for residential properties owned by said residential property owner for 204
the preceding twelve months of occupation. The Public Utilities 205
Regulatory Authority may authorize each electric distribution and gas 206
company to recover its prudently incurred information technology costs 207
associated with the collection and distribution of the energy 208
consumption data made available to residential property owners 209
pursuant to this subsection. 210
(d) If such residential property was unoccupied during part or all of 211
the preceding twelve months, such records shall contain energy 212
consumption data for the most recent twelve months of occupation. 213
(e) No electric distribution company, gas company, heating fuel 214
dealer or other provider of electricity, natural gas or heating fuel shall 215
disclose personally identifiable information in such records when the 216
energy associated account owner and the residential property owner are 217
not the same person. 218
(f) On and after July 1, 2021, every agreement to purchase residential 219
property for which a Home Energy Label is required pursuant to this 220
section shall include a requirement that the seller credit the purchaser 221
with the sum of one thousand dollars at closing should the seller fail to 222
furnish the information required under subsection (b) of this section. 223
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 22a-200a(a)
Sec. 2 July 1, 2021 New section
Sec. 3 October 1, 2021 New section
Sec. 4 October 1, 2021 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.]