LCO No. 4058 1 of 13 General Assembly Governor's Bill No. 979 January Session, 2023 LCO No. 4058 Referred to Committee on ENVIRONMENT Introduced by: Request of the Governor Pursuant to Joint Rule 9 AN ACT PROMOTING ENERGY AFFORDABILITY, ENERGY EFFICIENCY AND GREEN CITIES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective from passage) (a) In order to secure cost-1 effective resources and provide more reliable electric service for the 2 benefit of the state's electric ratepayers, to make reasonable further 3 progress toward the greenhouse gas emissions reduction levels set out 4 in section 22a-200a of the general statutes and to meet the state's energy 5 and environmental goals and policies established in the Integrated 6 Resources Plan, pursuant to section 16a-3a of the general statutes and 7 the Comprehensive Energy Strategy, pursuant to section 16a-3d of the 8 general statutes, the Commissioner of Energy and Environmental 9 Protection, in consultation with the procurement manager identified in 10 subsection (l) of section 16-2 of the general statutes, the Office of 11 Consumer Counsel and the Attorney General, may, in coordination 12 with other states in the control area of the regional independent system 13 operator, as defined in section 16-1 of the general statutes, or on behalf 14 of Connecticut alone, issue multiple solicitations for long-term contracts 15 Governor's Bill No. 979 LCO No. 4058 2 of 13 from providers of resources described in subsection (b) of this section. 16 (b) In any solicitation issued pursuant to this subsection, the 17 Commissioner of Energy and Environmental Protection may seek 18 proposals from providers of transmission resources and associated 19 transmission infrastructure, including, but not limited to, transmission 20 infrastructure for offshore wind resources, provided such transmission 21 resources are located in or interconnect to the control area of the regional 22 independent system operator or the control area of an adjacent regional 23 independent system operator. Proposals under this subsection shall not 24 have a contract term exceeding forty years. 25 (c) The Commissioner of Energy and Environmental Protection, in 26 consultation with the procurement manager identified in subsection (l) 27 of section 16-2 of the general statutes, the Office of Consumer Counsel 28 and the Attorney General shall evaluate project proposals received 29 under any solicitation issued pursuant to subsection (b) of this section 30 based on factors, including, but not limited to, (1) improvements to the 31 reliability of the electric system, including during winter peak demand; 32 (2) fuel diversity; (3) the extent to which the proposal contributes to 33 meeting the requirements to reduce greenhouse gas emissions and 34 improve air quality in accordance with sections 16-245a, 22a-174 and 35 22a-200a of the general statutes; (4) whether the proposal is in the best 36 interest of ratepayers because it obviates the need for future reliability 37 upgrades; and (5) whether the proposal is aligned with the policy goals 38 outlined in the Integrated Resources Plan, pursuant to section 16a-3a of 39 the general statutes, and the Comprehensive Energy Strategy, pursuant 40 to section 16a-3d of the general statutes, including, but not limited to, 41 environmental impacts. In conducting such evaluation, the 42 commissioner, in coordination with the Commissioner of Economic 43 Development, may consider the extent to which project proposals 44 provide economic benefits for the state. 45 (d) The Commissioner of Energy and Environmental Protection may 46 direct the electric distribution companies to enter into agreements with 47 transmission resources and associated transmission infrastructure, from 48 Governor's Bill No. 979 LCO No. 4058 3 of 13 proposals selected pursuant to this section, for periods of not more than 49 forty years on behalf of all customers of the state's electric distribution 50 companies. 51 (e) Any agreement entered into pursuant to this section shall be 52 subject to review and approval by the Public Utilities Regulatory 53 Authority, provided such review shall be completed not later than one 54 hundred twenty days after the authority receives the agreement. The 55 authority shall approve agreements if it determines (1) the agreement 56 provides for the delivery of adequate and reliable products and services, 57 for which there is a clear public need, at a just and reasonable price, (2) 58 the agreement is prudent and cost effective, and (3) any provider of 59 transmission resources under the agreement has the technical, financial 60 and managerial capabilities to perform pursuant to such agreement. The 61 net costs of any such agreement, including costs incurred by the electric 62 distribution companies under the agreement and reasonable costs 63 incurred by the electric distribution companies in connection with the 64 agreement, shall be recovered through a fully reconciling component of 65 electric rates for all customers of electric distribution companies. Any 66 net revenues from the sale of products purchased in accordance with 67 long-term contracts entered into pursuant to this section shall be 68 credited to customers through the same fully reconciling rate 69 component for all customers of the contracting electric distribution 70 company. The commissioner may hire consultants with expertise in 71 quantitative modeling of electric and gas markets to assist in 72 implementing this section, including, but not limited to, the evaluation 73 of proposals submitted pursuant to this section. All reasonable costs 74 associated with the commissioner's solicitation and review of proposals 75 pursuant to this section shall be recoverable through the same fully 76 reconciling rate component for all customers of the electric distribution 77 companies. 78 Sec. 2. (NEW) (Effective January 1, 2024) (a) As used in this section, 79 "Connecticut home energy label" or "label" means a label developed by 80 the Commissioner of Energy and Environmental Protection that 81 provides a score regarding a residence's energy efficiency and is 82 Governor's Bill No. 979 LCO No. 4058 4 of 13 consistent with all nationally recognized ratings, including the United 83 States Department of Energy Home Energy score, the Home Energy 84 Rating System Index score and the Energy Star score. 85 (b) (1) In developing the Connecticut home energy label, the 86 commissioner shall consider factors, including, but not limited to, (A) 87 the cost effectiveness of the labeling process, (B) the ability of a 88 residence's owner to conduct the labeling process and generate a label 89 for the residence without outside or professional assistance, (C) the 90 clarity of the information the label provides regarding the residence's 91 estimated energy efficiency, (D) the standardization of the label, (E) the 92 ability of the label to integrate information generated by existing 93 nationally recognized ratings, and (F) the accuracy and reliability of the 94 label. 95 (2) In developing the label, the commissioner shall provide an 96 opportunity for public comment. 97 (c) (1) Any landlord, upon (A) listing any dwelling unit for rent 98 through a multiple listing service, real estate brokers' organization or 99 other service, organization or facility related to the business of selling or 100 renting dwelling units, including private listing services, or (B) offering 101 any dwelling unit for rent through a means other than those specified in 102 subparagraph (A) of this subdivision, shall provide a Connecticut home 103 energy label, with an electronic link to the Internet web site that contains 104 the report for such Connecticut home energy label for the dwelling unit, 105 to any prospective tenant at the tenant's request or prior to the tenant's 106 signing of a lease for the dwelling unit. For dwelling units listed 107 pursuant to subparagraph (A) of this subdivision, the landlord shall 108 provide the Connecticut home energy label and electronic link through 109 the service, organization or facility through which the landlord lists the 110 dwelling unit. 111 (2) The provisions of this section shall apply: (A) On and after (i) July 112 1, 2024, or (ii) thirty days after the commissioner's public release of the 113 Connecticut home energy label, whichever is later, to any municipality 114 Governor's Bill No. 979 LCO No. 4058 5 of 13 that contains a census tract in which the average percentage of gross 115 household income spent on home heating and electricity costs is not less 116 than ten per cent; (B) on or after July 1, 2025, to any municipality that 117 contains a census tract in which the average percentage of gross 118 household income spent on home heating and electricity costs is not less 119 than six per cent; (C) on or after July 1, 2026, to any municipality 120 containing a census tract in which the average percentage of gross 121 household income spent on home heating and electricity costs is not less 122 than four per cent; and (D) on or after July 1, 2027, to all municipalities. 123 (3) The Commissioners of Housing and Energy and Environmental 124 Protection shall, not later than March first of each year, publish on the 125 Departments of Housing's and Energy and Environmental Protection's 126 Internet web sites a list of municipalities that meet the criteria set forth 127 in subdivision (2) of this subsection according to the Low-Income 128 Energy Affordability Data Tool maintained by the United States 129 Department of Energy, or a successor tool. 130 (4) The provisions of this section shall not apply to: (A) The rental of 131 any dwelling unit for which rent payments include a fixed amount for 132 all charges for electricity, natural gas or heating fuel, as defined in 133 section 16a-23m of the general statutes; (B) any dwelling unit in a 134 building that was constructed on or after January 1, 2000; or (C) on or 135 before July 1, 2027, any dwelling unit in any building occupied by the 136 landlord of such building as a residence. 137 (d) (1) Notwithstanding the provisions of section 51-164p of the 138 general statutes, any municipality subject to the provisions of this 139 section may, by ordinance, establish a civil penalty payable to such 140 municipality for a violation of this section, provided such civil penalty 141 shall not exceed five hundred dollars for a first violation and one 142 thousand dollars for any subsequent violation. 143 (2) Any person assessed any civil penalty under subdivision (1) of 144 this subsection may appeal such assessment to the Superior Court not 145 later than thirty days after the mailing date of the notice of such 146 Governor's Bill No. 979 LCO No. 4058 6 of 13 assessment by filing a petition to reopen the assessment, together with 147 an entry fee equal to the entry fee for a small claims case under section 148 52-259 of the general statutes, at the Superior Court facility designated 149 by the Chief Court Administrator. Such petition shall entitle such person 150 to a hearing under the rules of the judges of the Superior Court. 151 (3) The remedies in this subsection shall be in addition to any other 152 remedies available at law, or in equity, to any person. This section shall 153 not be construed to limit or restrict the authority of any state or local 154 housing or health code enforcement agency. 155 Sec. 3. Section 47a-1 of the general statutes is repealed and the 156 following is substituted in lieu thereof (Effective January 1, 2024): 157 As used in this chapter and sections 47a-21, 47a-23 to 47a-23c, 158 inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-159 41a, 47a-43, [and] 47a-46 and [section] 47a-7b and section 2 of this act: 160 (a) "Action" includes recoupment, counterclaim, set-off, cause of 161 action and any other proceeding in which rights are determined, 162 including an action for possession. 163 (b) "Building and housing codes" include any law, ordinance or 164 governmental regulation concerning fitness for habitation or the 165 construction, maintenance, operation, occupancy, use or appearance of 166 any premises or dwelling unit. 167 (c) "Dwelling unit" means any house or building, or portion thereof, 168 which is occupied, is designed to be occupied, or is rented, leased or 169 hired out to be occupied, as a home or residence of one or more persons. 170 (d) "Landlord" means the owner, lessor or sublessor of the dwelling 171 unit, the building of which it is a part or the premises. 172 (e) "Owner" means one or more persons, jointly or severally, in whom 173 is vested (1) all or part of the legal title to property, or (2) all or part of 174 the beneficial ownership and a right to present use and enjoyment of the 175 premises and includes a mortgagee in possession. 176 Governor's Bill No. 979 LCO No. 4058 7 of 13 (f) "Person" means an individual, corporation, limited liability 177 company, the state or any political subdivision thereof, or agency, 178 business trust, estate, trust, partnership or association, two or more 179 persons having a joint or common interest, and any other legal or 180 commercial entity. 181 (g) "Premises" means a dwelling unit and the structure of which it is 182 a part and facilities and appurtenances therein and grounds, areas and 183 facilities held out for the use of tenants generally or whose use is 184 promised to the tenant. 185 (h) "Rent" means all periodic payments to be made to the landlord 186 under the rental agreement. 187 (i) "Rental agreement" means all agreements, written or oral, and 188 valid rules and regulations adopted under section 47a-9 or subsection 189 (d) of section 21-70 embodying the terms and conditions concerning the 190 use and occupancy of a dwelling unit or premises. 191 (j) "Roomer" means a person occupying a dwelling unit, which unit 192 does not include a refrigerator, stove, kitchen sink, toilet and shower or 193 bathtub and one or more of these facilities are used in common by other 194 occupants in the structure. 195 (k) "Single-family residence" means a structure maintained and used 196 as a single dwelling unit. Notwithstanding that a dwelling unit shares 197 one or more walls with another dwelling unit or has a common parking 198 facility, it is a single-family residence if it has direct access to a street or 199 thoroughfare and does not share heating facilities, hot water equipment 200 or any other essential facility or service with any other dwelling unit. 201 (l) "Tenant" means the lessee, sublessee or person entitled under a 202 rental agreement to occupy a dwelling unit or premises to the exclusion 203 of others or as is otherwise defined by law. 204 (m) "Tenement house" means any house or building, or portion 205 thereof, which is rented, leased or hired out to be occupied, or is 206 Governor's Bill No. 979 LCO No. 4058 8 of 13 arranged or designed to be occupied, or is occupied, as the home or 207 residence of three or more families, living independently of each other, 208 and doing their cooking upon the premises, and having a common right 209 in the halls, stairways or yards. 210 Sec. 4. Section 29-253 of the general statutes is repealed and the 211 following is substituted in lieu thereof (Effective October 1, 2023): 212 (a) The State Building Code, including any amendment to said code 213 adopted by the State Building Inspector and Codes and Standards 214 Committee, shall be the building code for all towns, cities and boroughs, 215 except as provided in subsection (c) of this section. 216 (b) Nothing in this section shall prevent any town, city or borough 217 from adopting an ordinance governing the demolition of buildings 218 deemed to be unsafe. As used in this subsection, "unsafe building" 219 means a building that constitutes a fire hazard or is otherwise 220 dangerous to human life or the public welfare. 221 (c) (1) Any town, city or borough may, through its legislative body, 222 adopt a building code for residential or commercial buildings that 223 requires compliance with the zero energy residential or commercial 224 building provisions of the International Energy Conservation Code, or 225 a successor code. 226 (2) Any town, city or borough that adopts or revises a building code 227 pursuant to this subsection shall inform the State Building Inspector and 228 the Commissioner of Energy and Environmental Protection of such 229 adoption or revision. 230 Sec. 5. Section 20-334d of the general statutes is repealed and the 231 following is substituted in lieu thereof (Effective October 1, 2023): 232 (a) As used in this section: 233 (1) "Accredited continuing professional education" means any 234 education of an electrician or plumber that is: (A) [designed] Designed 235 to maintain professional competence in the practice, pursuit and 236 Governor's Bill No. 979 LCO No. 4058 9 of 13 standards of electrical work or plumbing and piping work; [,] (B) 237 approved by the commissioner; [,] and (C) provided (i) by an agency, 238 institution or organization that has been approved by the commissioner, 239 and (ii) in-person or through an online technology platform that 240 includes real-time video with audio, requires participants to 241 periodically confirm their active engagement during the educational 242 training session and enables participants to interact with instructors in 243 real time during the entire educational training session; 244 (2) "Certificate of continuing education" means a document that: (A) 245 [an] An agency, institution or organization that has been approved by 246 the commissioner and offers accredited continuing professional 247 education issues to an electrician or plumber; [,] (B) certifies that an 248 electrician or plumber has satisfactorily completed a specified number 249 of continuing education hours; [,] and (C) bears the (i) name of such 250 agency, institution or organization, (ii) title of the program, (iii) dates 251 during which the program was conducted, (iv) number of continuing 252 education hours satisfactorily completed, and (v) signature of the 253 director of such agency, institution or organization or of such director's 254 authorized agent; and 255 (3) "Commissioner" means the Commissioner of Consumer 256 Protection. 257 (b) (1) The commissioner, with the advice and assistance of the 258 Electrical Work Board established pursuant to subsection (b) of section 259 20-331, shall adopt regulations, in accordance with chapter 54, to: [(1)] 260 (A) Establish additional requirements for accredited continuing 261 professional education for electricians licensed pursuant to sections 20-262 330 to 20-341, inclusive; [(2)] (B) establish qualifying criteria for 263 accredited continuing professional education programs and establish 264 qualifying criteria for acceptable certificates of continuing professional 265 education; and [(3)] (C) provide for the waiver of required accredited 266 continuing professional education for electricians for good cause. Such 267 regulations shall require not less than four hours per year of accredited 268 continuing professional education for such electricians, except upon 269 Governor's Bill No. 979 LCO No. 4058 10 of 13 request of the Electrical Work Board, the commissioner may increase 270 such hours to a maximum of seven hours. 271 (2) The commissioner, with the advice and assistance of the Electrical 272 Work Board established pursuant to subsection (b) of section 20-331, 273 shall amend the regulations adopted pursuant to subdivision (1) of this 274 subsection to provide that: (A) Accredited continuing professional 275 education programs for electricians shall include, but need not be 276 limited to, training in the mechanics and application of thermal space 277 and water heating systems other than electric resistance and fossil fuel 278 combustion systems; and (B) an electrician shall be required to complete 279 the continuing professional education described in subparagraph (A) of 280 this subdivision not later than (i) two years after the electrician obtains 281 a license pursuant to sections 20-330 to 20-341, inclusive, or (ii) not later 282 than two years after the regulations amended pursuant to this 283 subdivision are finalized, if the electrician obtains a license pursuant to 284 sections 20-330 to 20-341, inclusive, on or before September 30, 2023. The 285 commissioner shall maintain on the Department of Consumer 286 Protection's web site a list of manufacturer-sponsored certification 287 programs for thermal space and water heating systems other than 288 electric resistance and fossil fuel combustion systems, which shall be 289 considered accredited continuing professional education programs 290 pursuant to subparagraph (A) of this subdivision. 291 (c) (1) (A) The commissioner, with the advice and assistance of the 292 Plumbing and Piping Work Board established pursuant to subsection 293 (d) of section 20-331, shall adopt regulations, in accordance with chapter 294 54, to: [(1)] (i) Establish additional requirements for accredited 295 continuing professional education programs for plumbers licensed 296 pursuant to sections 20-330 to 20-341, inclusive, which regulations shall 297 require not more than a total of seven hours of accredited continuing 298 professional education every two years, except in the event of significant 299 changes to the building code, as approved by the International Code 300 Council, that relate to plumbing, the commissioner, at such 301 commissioner's discretion, may require more than a total of seven hours 302 of accredited continuing professional education every two years; [(2)] 303 Governor's Bill No. 979 LCO No. 4058 11 of 13 (ii) establish qualifying criteria for accredited continuing professional 304 education programs and establish qualifying criteria for acceptable 305 certificates of continuing professional education; and [(3)] (iii) provide 306 for the waiver of required accredited continuing professional education 307 for plumbers for good cause. 308 (B) The commissioner, with the advice and assistance of the Plumbing 309 and Piping Work Board established pursuant to subsection (d) of section 310 20-331, shall amend the regulations adopted pursuant to subparagraph 311 (A) of this subdivision to provide that: (i) Accredited continuing 312 professional education programs for plumbers shall include, but need 313 not be limited to, training in the mechanics and application of thermal 314 space and water heating systems other than electric resistance and fossil 315 fuel combustion systems; and (ii) a plumber shall be required to 316 complete the continuing professional education described in 317 subparagraph (B)(i) of this subdivision not later than (I) two years after 318 the plumber obtains a license pursuant to sections 20-330 to 20-341, 319 inclusive, or (II) not later than two years after the regulations amended 320 pursuant to this subparagraph are finalized, if the plumber obtains a 321 license pursuant to sections 20-330 to 20-341, inclusive, on or before 322 September 30, 2023. The commissioner shall maintain on the 323 Department of Consumer Protection's web site a list of manufacturer-324 sponsored certification programs for thermal space and water heating 325 systems other than electric resistance and fossil fuel combustion 326 systems, which shall be considered accredited continuing professional 327 education programs pursuant to subparagraph (B)(i) of this subdivision. 328 [(d)] (2) Notwithstanding the provisions of [subsection (c) of this 329 section] this subsection, any person who has been issued a P-6, P-7, W-330 8 or W-9 license pursuant to section 20-334a and the regulations of 331 Connecticut state agencies shall not be required to meet the continuing 332 education requirements established pursuant to [subsection (c) of this 333 section] this subsection. 334 [(e)] (d) Notwithstanding the provisions of subsections (a) to [(d)] (c), 335 inclusive, of this section, all accredited continuing professional 336 Governor's Bill No. 979 LCO No. 4058 12 of 13 education offered under the provisions of this section shall: (1) Limit 337 class size to (A) fifty attendees if such accredited continuing professional 338 education is offered in-person, or (B) twenty-five attendees if such 339 accredited continuing professional education is offered through an 340 online technology platform; (2) not be offered or held at the place of 341 business of a licensed plumbing contractor if such accredited continuing 342 professional education is for plumbers and offered in-person; and (3) 343 not be offered or held at the place of business of a licensed electrical 344 contractor if such accredited continuing professional education is for 345 electricians and offered in-person. A provider of an accredited 346 continuing professional education course shall retain an audio-visual 347 recording of such course for a period of not less than thirty days after 348 completion of such course. Recordings shall be made available to the 349 department upon the department's request for such recordings. 350 Sec. 6. (NEW) (Effective October 1, 2023) (a) The commissioner, with 351 the advice and assistance of the Heating, Piping, Cooling and Sheet 352 Metal Work Board established pursuant to subsection (c) of section 20-353 331 of the general statutes, shall adopt regulations, in accordance with 354 chapter 54 of the general statutes, to: (1) Establish a one-time 355 requirement for heating and cooling professionals licensed pursuant to 356 sections 20-330 to 20-341, inclusive, of the general statutes to participate 357 in an accredited education program; (2) establish qualifying criteria for 358 such accredited education programs and establish qualifying criteria for 359 acceptable certificates of education; and (3) provide for the waiver of 360 such requirement for such licensed heating and cooling professionals 361 for good cause. The commissioner shall maintain on the Department of 362 Consumer Protection's web site a list of manufacturer-sponsored 363 certification programs for thermal space and water heating systems 364 other than electric resistance and fossil fuel combustion systems, which 365 shall be considered accredited education programs pursuant to 366 subdivision (1) of this subsection. 367 (b) The regulations established pursuant to subsection (a) of this 368 section shall include, but need not be limited to, training in the 369 mechanics and application of thermal space and water heating systems 370 Governor's Bill No. 979 LCO No. 4058 13 of 13 other than electric resistance and fossil fuel combustion systems, which 371 a heating and cooling professional licensed pursuant to sections 20-330 372 to 20-341, inclusive, of the general statutes shall be required to complete 373 (1) not later than two years after the heating and cooling professional 374 obtains a license pursuant to sections 20-330 to 20-341, inclusive, of the 375 general statutes, or (2) not later than two years after the regulations 376 adopted pursuant to this section are finalized, if the heating and cooling 377 professional obtains a license pursuant to sections 20-330 to 20-341, 378 inclusive, of the general statutes on or before September 30, 2023. 379 Sec. 7. Section 23-8 of the general statutes is amended by adding 380 subsection (f) as follows (Effective October 1, 2023): 381 (NEW) (f) In order to ensure the benefits of open space and tree cover 382 are enjoyed equitably by residents of the state, it shall be the goal of the 383 state to increase the percentage of urban areas covered by tree canopy, 384 not later than January 1, 2024, to a level of five per cent of the total area 385 of such urban areas. For purposes of this subsection, "urban areas" 386 means the total area of environmental justice communities, as defined 387 in section 22a-20a, in the state. 388 This act shall take effect as follows and shall amend the following sections: Section 1 from passage New section Sec. 2 January 1, 2024 New section Sec. 3 January 1, 2024 47a-1 Sec. 4 October 1, 2023 29-253 Sec. 5 October 1, 2023 20-334d Sec. 6 October 1, 2023 New section Sec. 7 October 1, 2023 23-8(f) 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.]