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General Assembly Raised Bill No. 176
February Session, 2022
LCO No. 1714
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING SHARED CLEAN ENERGY FACILITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (2) of subsection (a) of section 16-244z of the 1
2022 supplement to the general statutes is repealed and the following is 2
substituted in lieu thereof (Effective October 1, 2022): 3
(2) Not later than July 1, 2022, and annually thereafter, each electric 4
distribution company shall solicit and file with the Public Utilities 5
Regulatory Authority for its approval one or more projects selected 6
resulting from any procurement issued pursuant to subdivision (1) of 7
this subsection that are consistent with the tariffs approved by the 8
authority pursuant to subparagraphs (B) and (C) of subdivision (1) of 9
this subsection and that are applicable to (A) customers that own or 10
develop new generation projects on a customer's own premises that are 11
less than [two] five megawatts in size, serve the distribution system of 12
the electric distribution company, are constructed after the solicitation 13
conducted pursuant to subdivision (4) of this subsection to which the 14
customer is responding, and use a Class I renewable energy source that 15
either (i) uses anaerobic digestion, or (ii) has emissions of no more than 16 Raised Bill No. 176
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0.07 pounds per megawatt-hour of nitrogen oxides, 0.10 pounds per 17
megawatt-hour of carbon monoxide, 0.02 pounds per megawatt-hour of 18
volatile organic compounds and one grain per one hundred standard 19
cubic feet, (B) customers that own or develop new generation projects 20
on a customer's own premises that are less than [two] five megawatts in 21
size, serve the distribution system of the electric distribution company, 22
are constructed after the solicitation conducted pursuant to subdivision 23
(4) of this subsection to which the customer is responding, and use a 24
Class I renewable energy source that emits no pollutants, and (C) 25
customers that own or develop new generation projects that are a shared 26
clean energy facility, as defined in section 16-244x, and subscriptions, as 27
defined in such section, associated with such facility, consistent with the 28
program requirements developed pursuant to subparagraph (C) of 29
subdivision (1) of this subsection. Any project that is eligible pursuant 30
to subparagraph (C) of this subdivision shall not be eligible pursuant to 31
subparagraph (A) or (B) of this subdivision. 32
Sec. 2. Subdivision (6) of subsection (a) of section 16-244z of the 2022 33
supplement to the general statutes is repealed and the following is 34
substituted in lieu thereof (Effective October 1, 2022): 35
(6) The program requirements for shared clean energy facilities 36
developed pursuant to subparagraph (C) of subdivision (1) of this 37
subsection shall include, but not be limited to, the following: 38
(A) The department shall allow cost-effective projects of various 39
nameplate capacities that may allow for the construction of multiple 40
projects in the service area of each electric distribution company that 41
operates within the state. 42
(B) The department shall determine the billing credit for any 43
subscriber of a shared clean energy facility that may be issued through 44
the electric distribution companies' monthly billing systems, and 45
establish consumer protections for subscribers and potential subscribers 46
of such a facility, including, but not limited to, disclosures to be made 47
when selling or reselling a subscription. 48 Raised Bill No. 176
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(C) Such program shall utilize one or more tariff mechanisms with 49
the electric distribution companies for a term not to exceed twenty years, 50
subject to approval by the Public Utilities Regulatory Authority, to pay 51
for the purchase of any energy products and renewable energy 52
certificates produced by any eligible shared clean energy facility, or to 53
deliver any billing credit of any such facility. 54
(D) The department shall limit subscribers to (i) low-income 55
customers, (ii) moderate-income customers, (iii) small business 56
customers, (iv) state or municipal customers, (v) commercial customers, 57
and (vi) residential customers who can demonstrate, pursuant to criteria 58
determined by the department in the program requirements 59
recommended by the department and approved by the authority, that 60
they are unable to utilize the tariffs offered pursuant to subsection (b) of 61
this section. 62
(E) The department shall require that (i) not less than [ten] twenty per 63
cent of the total capacity of each shared clean energy facility is sold, 64
given or provided to low-income customers, and (ii) in addition to the 65
requirement of clause (i) of this subparagraph, not less than [ten] sixty 66
per cent of the total capacity of each shared clean energy facility is sold, 67
given or provided to low-income customers, moderate-income 68
customers or low-income service organizations. 69
(F) The department may allow preferences to projects that serve low-70
income customers and shared clean energy facilities that benefit 71
customers who reside in environmental justice communities. 72
(G) The department shall require not less than forty per cent of the 73
shared clean energy facilities developed pursuant to subparagraph (C) 74
of subdivision (1) of this subsection to be located in environmental 75
justice communities. 76
[(G)] (H) The department may create incentives or other financing 77
mechanisms to encourage participation by low-income customers. 78
[(H)] (I) The department may require that not more than fifty per cent 79 Raised Bill No. 176
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of the total capacity of each shared clean energy facility is sold to 80
commercial customers. 81
Sec. 3. Subparagraph (A) of subdivision (1) of subsection (c) of section 82
16-244z of the 2022 supplement to the general statutes is repealed and 83
the following is substituted in lieu thereof (Effective October 1, 2022): 84
(c) (1) (A) The aggregate total megawatts available to all customers 85
utilizing a procurement and tariff offered by electric distribution 86
companies pursuant to subsection (a) of this section shall be up to 87
eighty-five megawatts in year one and increase by up to an additional 88
eighty-five megawatts per year in each of the years two through six of 89
such a tariff, provided the total megawatts available to customers 90
eligible under subparagraph (A) of subdivision (2) of subsection (a) of 91
this section shall not exceed ten megawatts per year, the total megawatts 92
available to customers eligible under subparagraph (B) of subdivision 93
(2) of subsection (a) of this section shall not exceed fifty megawatts per 94
year and the total megawatts available to customers eligible under 95
subparagraph (C) of subdivision (2) of subsection (a) of this section shall 96
not exceed [twenty-five] thirty-five megawatts per year. The authority 97
shall monitor the competitiveness of any procurements authorized 98
pursuant to subsection (a) of this section and may adjust the annual 99
purchase amount established in this subsection or other procurement 100
parameters to maintain competitiveness. Any megawatts not allocated 101
in any given year shall [not] roll into the next year's available 102
megawatts. The obligation to purchase energy and renewable energy 103
certificates shall be apportioned to electric distribution companies based 104
on their respective distribution system loads, as determined by the 105
authority. 106
Sec. 4. Section 16-244z of the 2022 supplement to the general statutes 107
is amended by adding subsections (f) and (g) as follows (Effective October 108
1, 2022): 109
(NEW) (f) An electric distribution company may submit a proposal 110
to the Department of Energy and Environmental Protection to own one 111 Raised Bill No. 176
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or more solar power electrical generation facilities developed pursuant 112
to subparagraph (C) of subdivision (1) of subsection (a) of this section. 113
(NEW) (g) Notwithstanding the size-to-load provisions of 114
subdivision (4) of subsection (a) of this section, the entire rooftop space 115
of a customer's own premises developed pursuant to subparagraph (B) 116
of subdivision (1) of subsection (a) of this section and owned by a 117
commercial or industrial customer may be used for purposes of 118
electricity generation. 119
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 16-244z(a)(2)
Sec. 2 October 1, 2022 16-244z(a)(6)
Sec. 3 October 1, 2022 16-244z(c)(1)(A)
Sec. 4 October 1, 2022 16-244z
Statement of Purpose:
To: (1) Modify existing energy caps involving shared clean energy
facilities, (2) permit electric distribution companies to own solar power
generation facilities within the Shared Clean Energy Facility program,
and (3) to allow commercial and industrial customers in the non-
residential renewable energy tariff program to use their entire roof
space for generation.
[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.]