Connecticut 2021 Regular Session

Connecticut Senate Bill SB00882 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 882
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	8	+	LCO No. 3280 1 of 8
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	10	+	General Assembly Governor's Bill No. 882
8	11		January Session, 2021
	12	+	LCO No. 3280
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	14	+
	15	+	Referred to Committee on ENERGY AND TECHNOLOGY
	16	+
	17	+
	18	+	Introduced by:
	19	+	Request of the Governor Pursuant
	20	+	to Joint Rule 9
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14	26		AN ACT CONCERNING CL IMATE CHANGE MITIGATION AND HOME
15	27		ENERGY AFFORDABILITY .
16	28		Be it enacted by the Senate and House of Representatives in General
17	29		Assembly convened:
18	30
19	31		Section 1. Subsection (a) of section 22a-200a of the general statutes is 1
20	32		repealed and the following is substituted in lieu thereof (Effective July 1, 2
21	33		2021): 3
22	34		(a) The state shall reduce the level of emissions of greenhouse gas: 4
23	35		(1) Not later than January 1, 2020, to a level at least ten per cent below 5
24	36		the level emitted in 1990; 6
25	37		(2) Not later than January 1, 2030, to a level at least forty-five per cent 7
26	38		below the level emitted in 2001; [and] 8
27	39		(3) Not later than January 1, 2040, to a level of zero per cent from 9
28		-	electricity supplied to electric customers in the state; 10
	40	+	electricity supplied to electric customers in the state; 10 Governor's Bill No. 882
	41	+
	42	+
	43	+
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	45	+
29	46		[(3)] (4) Not later than January 1, 2050, to a level at least eighty per 11
30	47		cent below the level emitted in 2001; [.] and 12
31	48		[(4)] (5) All of the levels referenced in this subsection shall be 13
32	49		determined by the Commissioner of Energy and Environmental 14
33		-	Protection. 15 Substitute Bill No. 882
	50	+	Protection. 15
	51	+	Sec. 2. (NEW) (Effective July 1, 2021) (a) The Commissioner of Energy 16
	52	+	and Environmental Protection, in consultation with the procurement 17
	53	+	manager identified in subsection (l) of section 16-2 of the general 18
	54	+	statutes, the Office of Consumer Counsel and the Attorney General, 19
	55	+	may, in coordination with other states in the control area of the regional 20
	56	+	independent system operator, as defined in section 16-1 of the general 21
	57	+	statutes, in coordination with states in a neighboring control area, or on 22
	58	+	behalf of the state alone, solicit proposals for energy products or 23
	59	+	benefits, associated attributes or any combination thereof, in one 24
	60	+	solicitation or multiple solicitations, from any active demand response 25
	61	+	measures, passive demand reduction measures or any combination 26
	62	+	thereof. The commissioner may select proposals from such resources 27
	63	+	that do not, annually, exceed three hundred thousand megawatt hours 28
	64	+	of electricity in the aggregate or one hundred megawatts of demand 29
	65	+	reduction. 30
	66	+	(b) If an electric distribution company, as defined in section 16-1 of 31
	67	+	the general statutes, submits a proposal, such electric distribution 32
	68	+	company shall demonstrate that the electric demand reductions of the 33
	69	+	proposal are in addition to the projected electric demand reductions of 34
	70	+	the conservation and load management programs authorized pursuant 35
	71	+	to section 16-245m of the general statutes. 36
	72	+	(c) In making any selection of such proposals, the commissioner shall 37
	73	+	consider factors, including, but not limited to, whether the proposal (1) 38
	74	+	is in the best interest of ratepayers, (2) is consistent with the 39
	75	+	requirements to reduce greenhouse gas emissions in accordance with 40
	76	+	section 22a-200a of the general statutes, as amended by this act, (3) is 41
	77	+	consistent with the policy goals outlined in the Comprehensive Energy 42 Governor's Bill No. 882
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40		-	Sec. 2. (NEW) (Effective October 1, 2021) (a) (1) As used in this section, 16
41		-	"Home Energy Label" means (A) a United States Department of Energy 17
42		-	Home Energy Score, (B) a Home Energy Rating System Index Score, or 18
43		-	(C) an ENERGY STAR Score. 19
44		-	(2) The Department of Energy and Environmental Protection may 20
45		-	adopt regulations, in accordance with the provisions of chapter 54 of the 21
46		-	general statutes, that qualify additional standards as a Home Energy 22
47		-	Label. 23
48		-	(b) (1) A landlord shall provide a Home Energy Label for any 24
49		-	dwelling unit wherever such dwelling unit is publicly listed to rent, 25
50		-	unless such rent payment will include all charges for electricity, natural 26
51		-	gas or heating fuel, as defined in section 16a-23m of the general statutes. 27
52		-	(2) Notwithstanding the provisions of subdivision (1) of this 28
53		-	subsection, a landlord may comply with the requirements of this section 29
54		-	by providing the: (A) Total monthly costs of electricity, natural gas or 30
55		-	heating fuel for such dwelling unit during the most recent twelve 31
56		-	months of occupation; (B) total monthly amounts of electricity, natural 32
57		-	gas or heating fuel consumed for such dwelling unit during the most 33
58		-	recent twelve months of occupation; (C) average costs of electricity, 34
59		-	natural gas or heating fuel for such dwelling unit during the most recent 35
60		-	twelve months of occupation; and (D) average monthly amounts of 36
61		-	electricity, natural gas or heating fuel consumed for such dwelling unit 37
62		-	during the most recent twelve months of occupation. 38
63		-	(c) Each electric distribution and gas company, as defined in section 39
64		-	16-1 of the general statutes, heating fuel dealer, as defined in section 16a-40
65		-	23m of the general statutes, and other provider of electricity, natural gas 41
66		-	or heating fuel shall maintain and make available to a landlord, free of 42
67		-	charge, records of the energy consumption data for dwelling units 43
68		-	owned, leased or subleased by said landlord for the preceding twelve 44
69		-	months of occupation. The Public Utilities Regulatory Authority may 45
70		-	authorize each electric distribution and gas company to recover its 46
71		-	prudently incurred information technology costs associated with the 47 Substitute Bill No. 882
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	82	+
	83	+	Strategy adopted pursuant to section 16a-3d of the general statutes and 43
	84	+	the Integrated Resources Plan adopted pursuant to section 16a-3a of the 44
	85	+	general statutes, and (4) whether the proposal promotes electric 45
	86	+	distribution system benefits. 46
	87	+	(d) The commissioner may direct the electric distribution companies 47
	88	+	to enter into power purchase agreements for energy products or 48
	89	+	benefits, associated attributes or any combination thereof from 49
	90	+	resources selected pursuant to this section for periods of not more than 50
	91	+	twenty years on behalf of customers of the state's electric distribution 51
	92	+	companies. The commissioner may direct the electric distribution 52
	93	+	companies to provide information necessary to develop and implement 53
	94	+	any solicitation issued pursuant to this section, including, but not 54
	95	+	limited to, criteria for distribution system benefits. 55
	96	+	(e) Certificates issued by the New England Power Pool Generation 56
	97	+	Information System for any Class III source procured by an electric 57
	98	+	distribution company pursuant to this section may be: (1) Sold into the 58
	99	+	New England Power Pool Generation Information System renewable 59
	100	+	energy credit market to be used by any electric supplier or electric 60
	101	+	distribution company to meet the requirements of section 16-245a of the 61
	102	+	general statutes, provided the revenues from such sale are credited to 62
	103	+	electric distribution company customers as described in this section; or 63
	104	+	(2) retained by the electric distribution company to meet the 64
	105	+	requirements of section 16-245a of the general statutes. In considering 65
	106	+	whether to sell or retain such certificates, the electric distribution 66
	107	+	company shall select the option that is in the best interest of such 67
	108	+	company's ratepayers, as directed by the Public Utilities Regulatory 68
	109	+	Authority. 69
	110	+	(f) Any agreement entered into pursuant to this section shall be 70
	111	+	subject to review and approval by the Public Utilities Regulatory 71
	112	+	Authority, which review shall be completed not later than one hundred 72
	113	+	twenty days after receipt by the authority. The authority shall review 73
	114	+	and approve such agreement if it meets the criteria in the request for 74
	115	+	proposals issued pursuant to subsection (a) of this section and is in the 75 Governor's Bill No. 882
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78		-	collection and distribution of the energy consumption data made 48
79		-	available to landlords pursuant to this subsection. 49
80		-	(d) If such dwelling unit was unoccupied during part or all of the 50
81		-	preceding twelve months, such records shall contain energy 51
82		-	consumption data for the most recent twelve months of occupation. 52
83		-	(e) No electric distribution company, gas company, heating fuel 53
84		-	dealer or other provider of electricity, natural gas or heating fuel shall 54
85		-	disclose personally identifiable information in such records when the 55
86		-	energy associated account owner and the landlord are not the same 56
87		-	person. 57
88		-	(f) (1) If any landlord fails to comply with the provisions of this 58
89		-	section, the tenant may deduct an amount equivalent to one month's 59
90		-	rent from any sum of rent or payment for use and occupancy due and 60
91		-	owing, or to become due and owing, to the landlord. 61
92		-	(2) Notwithstanding the provisions of section 51-164p of the general 62
93		-	statutes, any municipality may, by ordinance, establish a civil penalty 63
94		-	payable to such municipality for a violation of this section, provided 64
95		-	such civil penalty shall not exceed five hundred dollars for the first 65
96		-	violation and one thousand dollars for any subsequent violation. Any 66
97		-	person who is assessed a civil penalty pursuant to this section may 67
98		-	appeal therefrom to the Superior Court. 68
99		-	(3) An appeal shall be instituted not later than thirty days after the 69
100		-	mailing of notice of such assessment by filing a petition to reopen 70
101		-	assessment, together with an entry fee in an amount equal to the entry 71
102		-	fee for a small claims case pursuant to section 52-259 of the general 72
103		-	statutes, at the superior court facility designated by the Chief Court 73
104		-	Administrator, which shall entitle such person to a hearing in 74
105		-	accordance with the rules of the judges of the Superior Court. 75
106		-	(4) The remedies in this subsection shall be in addition to any other 76
107		-	remedies available at law, or in equity, to any person. This section shall 77
108		-	not be construed to limit or restrict the authority of any state or local 78 Substitute Bill No. 882
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	120	+
	121	+	best interest of ratepayers. If the authority does not issue a decision 76
	122	+	within one hundred twenty days after such filing, the agreement shall 77
	123	+	be deemed approved. The net costs of any such agreement, including 78
	124	+	costs incurred by the electric distribution companies under the 79
	125	+	agreement and reasonable and prudent costs incurred by the electric 80
	126	+	distribution companies in connection with the agreement, shall be 81
	127	+	recovered on a timely basis through a fully reconciling component of 82
	128	+	electric rates through all customers of the electric distribution 83
	129	+	companies. Any net revenues from the sale of products purchased in 84
	130	+	accordance with long-term contracts entered into pursuant to this 85
	131	+	section shall be credited to customers of the electric distribution 86
	132	+	companies. 87
	133	+	(g) The commissioner may hire consultants with expertise in active 88
	134	+	and passive demand response programs to assist in implementing this 89
	135	+	section, including, but not limited to, the evaluation of proposals 90
	136	+	submitted pursuant to this section. All reasonable costs associated with 91
	137	+	the commissioner's solicitation and review of proposals pursuant to this 92
	138	+	section shall be recoverable on a timely basis through a fully reconciling 93
	139	+	component of electric rates through all customers of the electric 94
	140	+	distribution companies. Such costs shall be recoverable even if the 95
	141	+	commissioner does not select any proposals pursuant to any solicitation 96
	142	+	issued pursuant to this section. 97
	143	+	(h) (1) Any dispute arising from a contract that is approved by the 98
	144	+	authority pursuant to this section shall be brought to the authority. A 99
	145	+	party may petition the authority for a declaratory ruling or make an 100
	146	+	application for review pursuant to this subsection. Notwithstanding 101
	147	+	subsection (a) of section 4-176 of the general statutes, the authority may 102
	148	+	not, on its own motion, initiate a proceeding to review a contract entered 103
	149	+	into pursuant to this subsection. 104
	150	+	(2) The authority shall review such contract claims brought pursuant 105
	151	+	to subdivision (1) of this subsection. The authority shall decide such 106
	152	+	contract claims by issuing a declaratory ruling or a final decision in a 107
	153	+	contested case proceeding, including ordering legal and equitable 108 Governor's Bill No. 882
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115		-	housing or health code enforcement agency. 79
116		-	Sec. 3. (NEW) (Effective October 1, 2021) (a) (1) As used in this section, 80
117		-	"Home Energy Label" means (A) a United States Department of Energy 81
118		-	Home Energy Score, (B) a Home Energy Rating System Index Score, or 82
119		-	(C) an ENERGY STAR Score. 83
120		-	(2) The Department of Energy and Environmental Protection may 84
121		-	adopt regulations, in accordance with the provisions of chapter 54 of the 85
122		-	general statutes, that qualify additional standards as a Home Energy 86
123		-	Label. 87
124		-	(b) (1) A residential property owner may provide a Home Energy 88
125		-	Label for any residential property wherever such residential property is 89
126		-	publicly listed for sale. 90
127		-	(2) Notwithstanding the provisions of subdivision (1) of this 91
128		-	subsection, a residential property owner may provide, wherever such 92
129		-	residential property is publicly listed for sale, the: (A) Total monthly 93
130		-	costs of electricity, natural gas or heating fuel for such residential 94
131		-	property during the most recent twelve months of occupation; (B) total 95
132		-	monthly amounts of electricity, natural gas or heating fuel consumed 96
133		-	for such residential property during the most recent twelve months of 97
134		-	occupation; (C) average costs of electricity, natural gas or heating fuel 98
135		-	for such residential property during the most recent twelve months of 99
136		-	occupation; and (D) average monthly amounts of electricity, natural gas 100
137		-	or heating fuel consumed for such residential property during the most 101
138		-	recent twelve months of occupation. 102
139		-	(c) Each electric distribution and gas company, as defined in section 103
140		-	16-1 of the general statutes, heating fuel dealer, as defined in section 16a-104
141		-	23m of the general statutes, and other provider of electricity, natural gas 105
142		-	or heating fuel shall maintain and make available to a residential 106
143		-	property owner, free of charge, records of the energy consumption data 107
144		-	for residential properties owned by said residential property owner for 108
145		-	the preceding twelve months of occupation. The Public Utilities 109 Substitute Bill No. 882
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	158	+
	159	+	contract remedies. Any party to the contract shall have the right to 109
	160	+	appeal to the Superior Court from any such declaratory ruling or final 110
	161	+	decision adjudicating such contract claims pursuant to this subsection. 111
	162	+	Sec. 3. (NEW) (Effective October 1, 2021) (a) (1) As used in this section, 112
	163	+	"Home Energy Label" means (A) a United States Department of Energy 113
	164	+	Home Energy Score, (B) a Home Energy Rating System Index Score, or 114
	165	+	(C) an ENERGY STAR Score. 115
	166	+	(2) The Department of Energy and Environmental Protection may 116
	167	+	adopt regulations, in accordance with the provisions of chapter 54 of the 117
	168	+	general statutes, that qualify additional standards as a Home Energy 118
	169	+	Label. 119
	170	+	(b) (1) A landlord shall provide a Home Energy Label for any 120
	171	+	dwelling unit wherever such dwelling unit is publicly listed to rent, 121
	172	+	unless such rent payment will include all charges for electricity, natural 122
	173	+	gas or heating fuel, as defined in section 16a-23m of the general statutes. 123
	174	+	(2) Notwithstanding the provisions of subdivision (1) of this 124
	175	+	subsection, a landlord may comply with the requirements of this section 125
	176	+	by providing the: (A) Total monthly costs of electricity, natural gas or 126
	177	+	heating fuel for such dwelling unit during the most recent twelve 127
	178	+	months of occupation; (B) total monthly amounts of electricity, natural 128
	179	+	gas or heating fuel consumed for such dwelling unit during the most 129
	180	+	recent twelve months of occupation; (C) average costs of electricity, 130
	181	+	natural gas or heating fuel for such dwelling unit during the most recent 131
	182	+	twelve months of occupation; and (D) average monthly amounts of 132
	183	+	electricity, natural gas or heating fuel consumed for such dwelling unit 133
	184	+	during the most recent twelve months of occupation. 134
	185	+	(c) Each electric distribution and gas company, as defined in section 135
	186	+	16-1 of the general statutes, heating fuel dealer, as defined in section 16a-136
	187	+	23m of the general statutes, and other provider of electricity, natural gas 137
	188	+	or heating fuel shall maintain and make available to a landlord, free of 138
	189	+	charge, records of the energy consumption data for dwelling units 139
	190	+	owned, leased or subleased by said landlord for the preceding twelve 140 Governor's Bill No. 882
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152		-	Regulatory Authority may authorize each electric distribution and gas 110
153		-	company to recover its prudently incurred information technology costs 111
154		-	associated with the collection and distribution of the energy 112
155		-	consumption data made available to residential property owners 113
156		-	pursuant to this subsection. 114
157		-	(d) If such residential property was unoccupied during part or all of 115
158		-	the preceding twelve months, such records shall contain energy 116
159		-	consumption data for the most recent twelve months of occupation. 117
160		-	(e) No electric distribution company, gas company, heating fuel 118
161		-	dealer or other provider of electricity, natural gas or heating fuel shall 119
162		-	disclose personally identifiable information in such records when the 120
163		-	energy associated account owner and the residential property owner are 121
164		-	not the same person. 122
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	195	+
	196	+	months of occupation. The Public Utilities Regulatory Authority may 141
	197	+	authorize each electric distribution and gas company to recover its 142
	198	+	prudently incurred information technology costs associated with the 143
	199	+	collection and distribution of the energy consumption data made 144
	200	+	available to landlords pursuant to this subsection. 145
	201	+	(d) If such dwelling unit was unoccupied during part or all of the 146
	202	+	preceding twelve months, such records shall contain energy 147
	203	+	consumption data for the most recent twelve months of occupation. 148
	204	+	(e) No electric distribution company, gas company, heating fuel 149
	205	+	dealer or other provider of electricity, natural gas or heating fuel shall 150
	206	+	disclose personally identifiable information in such records when the 151
	207	+	energy associated account owner and the landlord are not the same 152
	208	+	person. 153
	209	+	(f) (1) If any landlord fails to comply with the provisions of this 154
	210	+	section, the tenant may deduct an amount equivalent to one month's 155
	211	+	rent from any sum of rent or payment for use and occupancy due and 156
	212	+	owing, or to become due and owing, to the landlord. 157
	213	+	(2) Notwithstanding the provisions of section 51-164p of the general 158
	214	+	statutes, any municipality may, by ordinance, establish a civil penalty 159
	215	+	payable to such municipality for a violation of this section, provided 160
	216	+	such civil penalty shall not exceed five hundred dollars for the first 161
	217	+	violation and one thousand dollars for any subsequent violation. Any 162
	218	+	person who is assessed a civil penalty pursuant to this section may 163
	219	+	appeal therefrom to the Superior Court. 164
	220	+	(3) An appeal shall be instituted not later than thirty days after the 165
	221	+	mailing of notice of such assessment by filing a petition to reopen 166
	222	+	assessment, together with an entry fee in an amount equal to the entry 167
	223	+	fee for a small claims case pursuant to section 52-259 of the general 168
	224	+	statutes, at the superior court facility designated by the Chief Court 169
	225	+	Administrator, which shall entitle such person to a hearing in 170
	226	+	accordance with the rules of the judges of the Superior Court. 171 Governor's Bill No. 882
	227	+
	228	+
	229	+
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	231	+
	232	+	(4) The remedies in this subsection shall be in addition to any other 172
	233	+	remedies available at law, or in equity, to any person. This section shall 173
	234	+	not be construed to limit or restrict the authority of any state or local 174
	235	+	housing or health code enforcement agency. 175
	236	+	Sec. 4. (NEW) (Effective October 1, 2021) (a) (1) As used in this section, 176
	237	+	"Home Energy Label" means (A) a United States Department of Energy 177
	238	+	Home Energy Score, (B) a Home Energy Rating System Index Score, or 178
	239	+	(C) an ENERGY STAR Score. 179
	240	+	(2) The Department of Energy and Environmental Protection may 180
	241	+	adopt regulations, in accordance with the provisions of chapter 54 of the 181
	242	+	general statutes, that qualify additional standards as a Home Energy 182
	243	+	Label. 183
	244	+	(b) (1) A residential property owner shall provide a Home Energy 184
	245	+	Label for any residential property wherever such residential property is 185
	246	+	publicly listed for sale. 186
	247	+	(2) Notwithstanding the provisions of subdivision (1) of this 187
	248	+	subsection, a residential property owner may comply with the 188
	249	+	requirements of this section by providing the: (A) Total monthly costs 189
	250	+	of electricity, natural gas or heating fuel for such residential property 190
	251	+	during the most recent twelve months of occupation; (B) total monthly 191
	252	+	amounts of electricity, natural gas or heating fuel consumed for such 192
	253	+	residential property during the most recent twelve months of 193
	254	+	occupation; (C) average costs of electricity, natural gas or heating fuel 194
	255	+	for such residential property during the most recent twelve months of 195
	256	+	occupation; and (D) average monthly amounts of electricity, natural gas 196
	257	+	or heating fuel consumed for such residential property during the most 197
	258	+	recent twelve months of occupation. 198
	259	+	(c) Each electric distribution and gas company, as defined in section 199
	260	+	16-1 of the general statutes, heating fuel dealer, as defined in section 16a-200
	261	+	23m of the general statutes, and other provider of electricity, natural gas 201
	262	+	or heating fuel shall maintain and make available to a residential 202
	263	+	property owner, free of charge, records of the energy consumption data 203 Governor's Bill No. 882
	264	+
	265	+
	266	+
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	268	+
	269	+	for residential properties owned by said residential property owner for 204
	270	+	the preceding twelve months of occupation. The Public Utilities 205
	271	+	Regulatory Authority may authorize each electric distribution and gas 206
	272	+	company to recover its prudently incurred information technology costs 207
	273	+	associated with the collection and distribution of the energy 208
	274	+	consumption data made available to residential property owners 209
	275	+	pursuant to this subsection. 210
	276	+	(d) If such residential property was unoccupied during part or all of 211
	277	+	the preceding twelve months, such records shall contain energy 212
	278	+	consumption data for the most recent twelve months of occupation. 213
	279	+	(e) No electric distribution company, gas company, heating fuel 214
	280	+	dealer or other provider of electricity, natural gas or heating fuel shall 215
	281	+	disclose personally identifiable information in such records when the 216
	282	+	energy associated account owner and the residential property owner are 217
	283	+	not the same person. 218
	284	+	(f) On and after July 1, 2021, every agreement to purchase residential 219
	285	+	property for which a Home Energy Label is required pursuant to this 220
	286	+	section shall include a requirement that the seller credit the purchaser 221
	287	+	with the sum of one thousand dollars at closing should the seller fail to 222
	288	+	furnish the information required under subsection (b) of this section. 223
165	289		This act shall take effect as follows and shall amend the following
166	290		sections:
167	291
168	292		Section 1 July 1, 2021 22a-200a(a)
169		-	Sec. 2 ~~October~~ 1, 2021 New section
	293	+	Sec. 2 July 1, 2021 New section
170	294		Sec. 3 October 1, 2021 New section
	295	+	Sec. 4 October 1, 2021 New section
171	296
172		-	ET Joint Favorable Subst.
	297	+	Statement of Purpose:
	298	+	To implement the Governor's budget recommendations.
	299	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	300	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	301	+	underlined.]
173	302