History: P.A. 98-28 effective July 1, 1998; P.A. 03-135 amended Subsec. (a) to make technical changes and, in Subdiv.
(1), to add new Subpara. (D) re federally mandated congestion costs and to redesignate existing Subpara. (D) as new
Subpara. (E), effective June 26, 2003; P.A. 04-86 amended Subsec. (a) to require department to adopt regulations re direct
billing and collection services by electric supplier and to make conforming changes, and amended Subsec. (b) to add "that
provides billing services for an electric supplier" and to make a technical change; P.A. 04-257 made a technical change
in Subsec. (a)(1)(D), effective June 14, 2004; P.A. 05-210 amended Subsec. (a)(1) to make a technical change in Subpara.
(B), add new Subpara. (C) re the transmission rate, and redesignate existing Subparas. (C) to (E), inclusive, as Subparas.
(D) to (F), inclusive, effective July 6, 2005; June Sp. Sess. P.A. 05-1 amended Subsec. (a) to change deadline for adoption
of regulations from January 1, 2005, to January 1, 2006, to change threshold by deleting customers that "use a demand
meter" and by changing maximum demand from not less than five hundred kilowatts to not less than one hundred kilowatts,
and to make technical changes, effective July 21, 2005.
Sec. 16-245l. Systems benefits charge. Determination by department of
amount and how applied to customers. (a) The Department of Public Utility Control
shall establish and each electric distribution company shall collect a systems benefits
charge to be imposed against all end use customers of each electric distribution company
beginning January 1, 2000. The department shall hold a hearing that shall be conducted
as a contested case in accordance with chapter 54 to establish the amount of the systems
benefits charge. The department may revise the systems benefits charge or any element
of said charge as the need arises. The systems benefits charge shall be used to fund (1)
the expenses of the public education outreach program developed under subsections
(a), (f) and (g) of section 16-244d other than expenses for department staff, (2) the
reasonable and proper expenses of the education outreach consultant pursuant to subsection (d) of section 16-244d, (3) the cost of hardship protection measures under sections
16-262c and 16-262d and other hardship protections, including, but not limited to, electric service bill payment programs, funding and technical support for energy assistance,
fuel bank and weatherization programs and weatherization services, (4) the payment
program to offset tax losses described in section 12-94d, (5) any sums paid to a resource
recovery authority pursuant to subsection (b) of section 16-243e, (6) low income conservation programs approved by the Department of Public Utility Control, (7) displaced
worker protection costs, (8) unfunded storage and disposal costs for spent nuclear fuel
generated before January 1, 2000, approved by the appropriate regulatory agencies, (9)
postretirement safe shutdown and site protection costs that are incurred in preparation
for decommissioning, (10) decommissioning fund contributions, (11) the costs of temporary electric generation facilities incurred pursuant to section 16-19ss, (12) operating
expenses for the Connecticut Energy Advisory Board, and (13) legal, appraisal and
purchase costs of a conservation or land use restriction and other related costs as the
department in its discretion deems appropriate, incurred by a municipality on or before
January 1, 2000, to ensure the environmental, recreational and scenic preservation of
any reservoir located within this state created by a pump storage hydroelectric generating
facility. As used in this subsection, "displaced worker protection costs" means the reasonable costs incurred, prior to January 1, 2008, (A) by an electric supplier, exempt
wholesale generator, electric company, an operator of a nuclear power generating facility in this state or a generation entity or affiliate arising from the dislocation of any
employee other than an officer, provided such dislocation is a result of (i) restructuring
of the electric generation market and such dislocation occurs on or after July 1, 1998,
or (ii) the closing of a Title IV source or an exempt wholesale generator, as defined in
15 USC 79z-5a, on or after January 1, 2004, as a result of such source's failure to meet
requirements imposed as a result of sections 22a-197 and 22a-198 and this section or
those Regulations of Connecticut State Agencies adopted by the Department of Environmental Protection, as amended from time to time, in accordance with Executive Order
Number 19, issued on May 17, 2000, and provided further such costs result from either
the execution of agreements reached through collective bargaining for union employees
or from the company's or entity's or affiliate's programs and policies for nonunion
employees, and (B) by an electric distribution company or an exempt wholesale generator arising from the retraining of a former employee of an unaffiliated exempt wholesale
generator, which employee was involuntarily dislocated on or after January 1, 2004,
from such wholesale generator, except for cause. "Displaced worker protection costs"
includes costs incurred or projected for severance, retraining, early retirement, outplacement, coverage for surviving spouse insurance benefits and related expenses. "Displaced
worker protection costs" does not include those costs included in determining a tax
credit pursuant to section 12-217bb.
(b) The amount of the systems benefits charge shall be determined by the department
in a general and equitable manner and shall be imposed on all end use customers of
each electric distribution company at a rate that is applied equally to all customers of
the same class in accordance with methods of allocation in effect on July 1, 1998, provided the system benefits charge shall not be imposed on customers receiving services
under a special contract which is in effect on July 1, 1998, until such special contracts
expire. The system benefits charge shall be imposed beginning on January 1, 2000, on
all customers receiving services under a special contract which are entered into or renewed after July 1, 1998. The systems benefits charge shall have a generally applicable
manner of determination that may be measured on the basis of percentages of total costs
of retail sales of generation services. The systems benefits charge shall be payable on
an equal basis on the same payment terms and shall be eligible or subject to prepayment
on an equal basis. Any exemption of the systems benefits charge by customers under a
special contract shall not result in an increase in rates to any customer.
(P.A. 98-28, S. 18, 117; P.A. 99-17, S. 1, 2; P.A. 02-64, S. 3; P.A. 03-135, S. 8; 03-140, S. 14; P.A. 04-236, S. 17, 18;
04-247, S. 1; P.A. 05-288, S. 220.)
History: P.A. 98-28 effective July 1, 1998; P.A. 99-17 amended Subsec. (a) by adding new Subdiv. (11) re costs of
conservation or land use restriction, effective May 12, 1999 (Revisor's note: In Subdiv. (11) of Subsec. (a), "... department
it its discretion ..." was changed editorially by the Revisors to "... department in its discretion ..." for accuracy); P.A. 02-64 amended Subsec. (a) by redefining "displaced worker protection costs" to change "costs incurred prior to January 1,
2006," to "costs incurred prior to January 1, 2008," to add electric suppliers and exempt wholesale generators, to include
reasonable costs associated with the dislocation of an employee that is the result of the closing of a Title IV source or
exempt wholesale generator due to the source's failure to meet sulfur dioxide emission requirements and to make technical
changes, effective January 1, 2004; P.A. 03-135 amended Subsec. (a) to add reference to Subsecs. (f) and (g) of Sec. 16-244d in Subdiv. (1), to add new Subdiv. (11) re the costs of temporary electric generation facilities, to redesignate existing
Subdiv. (11) as Subdiv. (12), and to add "an operator of a nuclear power generating facility in this state or" and "coverage
for surviving spouse insurance benefits" to the definition of "displaced worker protection costs", effective January 1, 2004;
P.A. 03-140 amended Subsec. (a) to add "operating expenses for the Connecticut Energy Advisory Board", effective July
1, 2003, until January 1, 2004; P.A. 04-236 amended Subsec. (a) to make a technical change, effective June 8, 2004; P.A.
04-247 amended Subsec. (a) to make technical changes and add certain costs of retraining certain former employees of an
unaffiliated exempt wholesale generator in definition of "displaced worker protection costs", effective June 3, 2004; P.A.
05-288 made technical changes in Subsec. (a), effective July 13, 2005.
Sec. 16-245m. Conservation and load management program; charge assessed
against electric customers to fund program; scope and purpose of program. Deposit
of certain moneys from the Energy Conservation and Load Management Funds
in General Fund. (a)(1) On and after January 1, 2000, the Department of Public Utility
Control shall assess or cause to be assessed a charge of three mills per kilowatt hour of
electricity sold to each end use customer of an electric distribution company to be used
to implement the program as provided in this section for conservation and load management programs but not for the amortization of costs incurred prior to July 1, 1997, for
such conservation and load management programs.
(2) Notwithstanding the provisions of this section, receipts from such charge shall
be disbursed to the resources of the General Fund during the period from July 1, 2003,
to June 30, 2005, unless the department shall, on or before October 30, 2003, issue a
financing order for each affected electric distribution company in accordance with sections 16-245e to 16-245k, inclusive, to sustain funding of conservation and load management programs by substituting an equivalent amount, as determined by the department
in such financing order, of proceeds of rate reduction bonds for disbursement to the
resources of the General Fund during the period from July 1, 2003, to June 30, 2005.
The department may authorize in such financing order the issuance of rate reduction
bonds that substitute for disbursement to the General Fund for receipts of both the charge
under this subsection and under subsection (b) of section 16-245n and also may, in its
discretion, authorize the issuance of rate reduction bonds under this subsection and
subsection (b) of section 16-245n that relate to more than one electric distribution company. The department shall, in such financing order or other appropriate order, offset any
increase in the competitive transition assessment necessary to pay principal, premium, if
any, interest and expenses of the issuance of such rate reduction bonds by making an
equivalent reduction to the charge imposed under this subsection, provided any failure
to offset all or any portion of such increase in the competitive transition assessment
shall not affect the need to implement the full amount of such increase as required by
this subsection and by sections 16-245e to 16-245k, inclusive. Such financing order
shall also provide if the rate reduction bonds are not issued, any unrecovered funds
expended and committed by the electric distribution companies for conservation and
load management programs, provided such expenditures were approved by the department after August 20, 2003, and prior to the date of determination that the rate reduction
bonds cannot be issued, shall be recovered by the companies from their respective competitive transition assessment or systems benefits charge but such expenditures shall
not exceed four million dollars per month. All receipts from the remaining charge imposed under this subsection, after reduction of such charge to offset the increase in the
competitive transition assessment as provided in this subsection, shall be disbursed to
the Energy Conservation and Load Management Fund commencing as of July 1, 2003.
Any increase in the competitive transition assessment or decrease in the conservation
and load management component of an electric distribution company's rates resulting
from the issuance of or obligations under rate reduction bonds shall be included as rate
adjustments on customer bills.
(b) The electric distribution company shall establish an Energy Conservation and
Load Management Fund which shall be held separate and apart from all other funds or
accounts. Receipts from the charge imposed under subsection (a) of this section shall
be deposited into the fund. Any balance remaining in the fund at the end of any fiscal
year shall be carried forward in the fiscal year next succeeding. Disbursements from
the fund by electric distribution companies to carry out the plan developed under subsection (d) of this section shall be authorized by the Department of Public Utility Control
upon its approval of such plan.
(c) The Department of Public Utility Control shall appoint and convene an Energy
Conservation Management Board which shall include representatives of: (1) An environmental group knowledgeable in energy conservation program collaboratives; (2) the
Office of Consumer Counsel; (3) the Attorney General; (4) the Department of Environmental Protection; (5) the electric distribution companies in whose territories the activities take place for such programs; (6) a state-wide manufacturing association; (7) a
chamber of commerce; (8) a state-wide business association; (9) a state-wide retail
organization; (10) a representative of a municipal electric energy cooperative created
pursuant to chapter 101a; (11) two representatives selected by the gas companies in this
state; and (12) residential customers. Such members shall serve for a period of five years
and may be reappointed. Representatives of the gas companies shall not vote on matters
unrelated to gas conservation. Representatives of the electric distribution companies
and the municipal electric energy cooperative shall not vote on matters unrelated to
electricity conservation.
(d) (1) The Energy Conservation Management Board shall advise and assist the
electric distribution companies in the development and implementation of a comprehensive plan, which plan shall be approved by the Department of Public Utility Control,
to implement cost-effective energy conservation programs and market transformation
initiatives. The plan shall be consistent with the comprehensive energy plan approved
by the Connecticut Energy Advisory Board pursuant to section 16a-7a at the time of
submission to the department. Each program contained in the plan shall be reviewed
by the electric distribution company and either accepted or rejected by the Energy Conservation Management Board prior to submission to the department for approval. The
Energy Conservation Management Board shall, as part of its review, examine opportunities to offer joint programs providing similar efficiency measures that save more than
one fuel resource or otherwise to coordinate programs targeted at saving more than
one fuel resource. Any costs for joint programs shall be allocated equitably among
the conservation programs. The Energy Conservation Management Board shall give
preference to projects that maximize the reduction of federally mandated congestion
charges.
(2) There shall be a joint committee of the Energy Conservation Management Board
and the Renewable Energy Investments Advisory Committee. The board and the advisory committee shall each appoint members to such joint committee. The joint committee shall examine opportunities to coordinate the programs and activities funded by the
Renewable Energy Investment Fund pursuant to section 16-245n with the programs and
activities contained in the plan developed under this subsection to reduce the long-term cost, environmental impacts and security risks of energy in the state. Such joint
committee shall hold its first meeting on or before August 1, 2005.
(3) Programs included in the plan developed under subdivision (1) of subsection
(d) of this section shall be screened through cost-effectiveness testing which compares
the value and payback period of program benefits to program costs to ensure that programs are designed to obtain energy savings and system benefits, including mitigation
of federally mandated congestion charges, whose value is greater than the costs of the
programs. Cost-effectiveness testing shall utilize available information obtained from
real-time monitoring systems to ensure accurate validation and verification of energy
use. Program cost-effectiveness shall be reviewed annually, or otherwise as is practicable. If a program is determined to fail the cost-effectiveness test as part of the review
process, it shall either be modified to meet the test or shall be terminated. On or before
March 1, 2005, and on or before March first annually thereafter, the board shall provide
a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the
environment (A) that documents expenditures and fund balances and evaluates the cost-effectiveness of such programs conducted in the preceding year, and (B) that documents
the extent to and manner in which the programs of such board collaborated and cooperated with programs, established under section 7-233y, of municipal electric energy cooperatives. To maximize the reduction of federally mandated congestion charges, programs in the plan may allow for disproportionate allocations between the amount of
contributions to the Energy Conservation and Load Management Funds by a certain
rate class and the programs that benefit such a rate class. Before conducting such evaluation, the board shall consult with the Renewable Energy Investments Advisory Committee. The report shall include a description of the activities undertaken during the reporting period jointly or in collaboration with the Renewable Energy Investment Fund
established pursuant to subsection (c) of section 16-245n.
(4) Programs included in the plan developed under subdivision (1) of subsection (d)
of this section may include, but not be limited to: (A) Conservation and load management
programs, including programs that benefit low-income individuals; (B) research, development and commercialization of products or processes which are more energy-efficient
than those generally available; (C) development of markets for such products and processes; (D) support for energy use assessment, real-time monitoring systems, engineering studies and services related to new construction or major building renovation;
(E) the design, manufacture, commercialization and purchase of energy-efficient appliances and heating, air conditioning and lighting devices; (F) program planning and
evaluation; (G) indoor air quality programs relating to energy conservation; (H) joint
fuel conservation initiatives programs targeted at reducing consumption of more than
one fuel resource; and (I) public education regarding conservation. Such support may
be by direct funding, manufacturers' rebates, sale price and loan subsidies, leases and
promotional and educational activities. The plan shall also provide for expenditures by
the Energy Conservation Management Board for the retention of expert consultants and
reasonable administrative costs provided such consultants shall not be employed by, or
have any contractual relationship with, an electric distribution company. Such costs
shall not exceed five per cent of the total revenue collected from the assessment.
(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, the Department of Public Utility Control shall authorize the disbursement of a total
of one million dollars in each month, commencing with July, 2003, and ending with
July, 2005, from the Energy Conservation and Load Management Funds established
pursuant to said subsections. The amount disbursed from each Energy Conservation
and Load Management Fund shall be proportionately based on the receipts received by
each fund. Such disbursements shall be deposited in the General Fund.
(f) No later than December 31, 2006, and no later than December thirty-first every
five years thereafter, the Energy Conservation Management Board shall, after consulting
with the Renewable Energy Investments Advisory Committee, conduct an evaluation
of the performance of the programs and activities of the fund and submit a report, in
accordance with the provisions of section 11-4a, of the evaluation to the joint standing
committee of the General Assembly having cognizance of matters relating to energy.
(g) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, the Department of Public Utility Control shall authorize the disbursement of a total
of one million dollars in each month, commencing with August 1, 2006, and ending with
July 31, 2007, from the Energy Conservation and Load Management Funds established
pursuant to said subsections. The amount disbursed from each Energy Conservation
and Load Management Fund shall be proportionately based on the receipts received by
each fund. Such disbursements shall be deposited in the General Fund.
(P.A. 98-28, S. 33, 117; P.A. 03-135, S. 9; June 30 Sp. Sess. P.A. 03-6, S. 49; Sept. 8 Sp. Sess. P.A. 03-1, S. 9; P.A.
04-129, S. 1; 04-236, S. 12, 13; 04-247, S. 3; P.A. 05-251, S. 89; June Sp. Sess. P.A. 05-1, S. 5.)
History: P.A. 98-28 effective July 1, 1998; P.A. 03-135 amended Subsec. (d) to divide existing provisions into Subdivs.
(1) to (3) and make conforming changes, to add provision re review of each program and acceptance or rejection by the
Energy Conservation Management Board in Subdiv. (1), to add provision re cost-effectiveness testing in Subdiv. (2), and
to add "real-time monitoring systems" in Subdiv. (3), effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec.
(a) to provide for a plan to avoid disbursements from the Energy Conservation and Load Management Fund to the General
Fund in the implementation of the budget for the biennium ending June 30, 2005, effective August 20, 2003; Sept. 8 Sp.
Sess. P.A. 03-1, S. 9 re disbursements to the General Fund for the biennium ending June 30, 2005, was added editorially
by the Revisors as Subsec. (e), effective September 10, 2003; P.A. 04-129 amended Subsec. (d)(3) to redesignate existing
Subpara. (G) as Subpara. (H) and to add new Subpara. (G) re indoor air quality programs; P.A. 04-236 amended Subsecs.
(a) and (d)(2) to make technical changes, effective June 8, 2004; P.A. 04-247 amended Subsec. (d)(2) to change reporting
date from January 31, 2001, and annually thereafter until January 31, 2006, to March 1, 2005, and March 1, 2006, effective
July 1, 2004; P.A. 05-251 added provisions, designated by the Revisors as Subsec. (g), re monthly disbursements to General
Fund from August 1, 2006, to July 31, 2007, effective June 30, 2005; June Sp. Sess. P.A. 05-1 made technical changes in
Subsecs. (a), (c) and (d), amended Subsec. (c) to add new Subdivs. (10) and (11) re a representative of a municipal electric
energy cooperative and two representatives selected by gas companies and to add provisions re voting on unrelated matters,
amended Subsec. (d)(1) to require plan to be consistent with the comprehensive energy plan, to require examination of
opportunities for joint programs, and to require preference for projects that maximize reduction of federally mandated
congestion charges, added new Subsec. (d)(2) establishing a joint committee of the Energy Conservation Management
Board and the Renewable Energy Investments Advisory Committee, renumbering former Subsec. (d)(2) as new Subsec.
(d)(3), amended Subsec. (d)(3) to add language re system benefits, to change the deadline for providing report, to require
report to contain information on cooperation with municipal electric energy cooperatives, to allow disproportionate allocations from the funds, to require consultation with the Renewable Energy Investments Advisory Committee, and to require
the report to describe collaboration with the Renewable Energy Investment Fund, renumbering former Subsec. (d)(3) as
new Subsec. (d)(4), amended Subsec. (d)(4) to add language re programs to benefit low-income individuals and joint fuel
conservation initiatives, and to revise language re expenditures for consultants and administrative costs, and added Subsec.
(f) re evaluation of the performance of programs, effective July 21, 2005.
Sec. 16-245n. Renewable Energy Investment Fund created; charge assessed
against electric customers to fund Investment Fund; purpose. (a) For purposes of
this section, "renewable energy" means solar energy, wind, ocean thermal energy, wave
or tidal energy, fuel cells, landfill gas, hydrogen production and hydrogen conversion
technologies, low emission advanced biomass conversion technologies, usable electricity from combined heat and power systems with waste heat recovery systems, thermal
storage systems and other energy resources and emerging technologies which have significant potential for commercialization and which do not involve the combustion of
coal, petroleum or petroleum products, municipal solid waste or nuclear fission.
(b) On and after July 1, 2004, the Department of Public Utility Control shall assess
or cause to be assessed a charge of not less than one mill per kilowatt hour charged to
each end use customer of electric services in this state which shall be deposited into the
Renewable Energy Investment Fund established under subsection (c) of this section.
Notwithstanding the provisions of this section, receipts from such charges shall be disbursed to the resources of the General Fund during the period from July 1, 2003, to June
30, 2005, unless the department shall, on or before October 30, 2003, issue a financing
order for each affected distribution company in accordance with sections 16-245e to
16-245k, inclusive, to sustain funding of renewable energy investment programs by
substituting an equivalent amount, as determined by the department in such financing
order, of proceeds of rate reduction bonds for disbursement to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005. The department may
authorize in such financing order the issuance of rate reduction bonds that substitute for
disbursement to the General Fund for receipts of both charges under this subsection and
subsection (a) of section 16-245m and also may in its discretion authorize the issuance
of rate reduction bonds under this subsection and subsection (a) of section 16-245m that
relate to more than one electric distribution company. The department shall, in such
financing order or other appropriate order, offset any increase in the competitive transition assessment necessary to pay principal, premium, if any, interest and expenses of
the issuance of such rate reduction bonds by making an equivalent reduction to the
charges imposed under this subsection, provided any failure to offset all or any portion
of such increase in the competitive transition assessment shall not affect the need to
implement the full amount of such increase as required by this subsection and sections
16-245e to 16-245k, inclusive. Such financing order shall also provide if the rate reduction bonds are not issued, any unrecovered funds expended and committed by the electric
distribution companies for renewable resource investment through deposits into the
Renewable Energy Investment Fund, provided such expenditures were approved by the
department following August 20, 2003, and prior to the date of determination that the
rate reduction bonds cannot be issued, shall be recovered by the companies from their
respective competitive transition assessment or systems benefits charge except that such
expenditures shall not exceed one million dollars per month. All receipts from the remaining charges imposed under this subsection, after reduction of such charges to offset
the increase in the competitive transition assessment as provided in this subsection, shall
be disbursed to the Renewable Energy Investment Fund commencing as of July 1, 2003.
Any increase in the competitive transition assessment or decrease in the renewable
energy investment component of an electric distribution company's rates resulting from
the issuance of or obligations under rate reduction bonds shall be included as rate adjustments on customer bills.
(c) There is hereby created a Renewable Energy Investment Fund which shall be
administered by Connecticut Innovations, Incorporated. The fund may receive any
amount required by law to be deposited into the fund and may receive any federal funds
as may become available to the state for renewable energy investments. Connecticut
Innovations, Incorporated, may use any amount in said fund for expenditures which
promote investment in renewable energy sources in accordance with a comprehensive
plan developed by it to foster the growth, development and commercialization of renewable energy sources, related enterprises and stimulate demand for renewable energy and
deployment of renewable energy sources which serve end use customers in this state.
Such expenditures may include, but not be limited to, grants, direct or equity investments, contracts or other actions which support research, development, manufacture,
commercialization, deployment and installation of renewable energy technologies, and
actions which expand the expertise of individuals, businesses and lending institutions
with regard to renewable energy technologies.
(d) The chairperson of the board of directors of Connecticut Innovations, Incorporated, shall convene a Renewable Energy Investments Advisory Committee to assist
Connecticut Innovations, Incorporated, in matters related to the Renewable Energy Investment Fund, including, but not limited to, development of a comprehensive plan and
expenditure of funds. The advisory committee shall, in such plan, give preference to
projects that maximize the reduction of federally mandated congestion charges. The
plan shall be consistent with the comprehensive energy plan approved by the Connecticut Energy Advisory Board pursuant to section 16a-7a. The advisory committee shall
include not more than twelve individuals with knowledge and experience in matters
related to the purpose and activities of said fund. The advisory committee shall consist
of the following members: (1) One person with expertise regarding renewable energy
resources appointed by the speaker of the House of Representatives; (2) one person
representing a state or regional organization primarily concerned with environmental
protection appointed by the president pro tempore of the Senate; (3) one person with
experience in business or commercial investments appointed by the majority leader of
the House of Representatives; (4) one person representing a state or regional organization primarily concerned with environmental protection appointed by the majority leader
of the Senate; (5) one person with experience in business or commercial investments
appointed by the minority leader of the House of Representatives; (6) one person with
experience in business or commercial investments appointed by the minority leader of
the Senate; (7) two state officials with experience in matters relating to energy policy
and one person with expertise regarding renewable energy resources appointed by the
Governor; and (8) three persons with experience in business or commercial investments
appointed by the board of directors of Connecticut Innovations, Incorporated. The advisory committee shall issue annually a report to such chairperson reviewing the activities
of the fund in detail and shall provide a copy of such report, in accordance with the
provisions of section 11-4a, to the joint standing committee of the General Assembly
having cognizance of matters relating to energy, the Department of Public Utility Control
and the Office of Consumer Counsel. The report shall include a description of the programs and activities undertaken during the reporting period jointly or in collaboration
with the Energy Conservation and Load Management Funds established pursuant to
section 16-245m.
(e) There shall be a joint committee of the Energy Conservation Management Board
and the Renewable Energy Investments Advisory Committee, as provided in subdivision
(2) of subsection (d) of section 16-245m.
(f) No later than December 31, 2006, and no later than December thirty-first every
five years thereafter, the advisory committee shall, after consulting with the Energy
Conservation Management Board, conduct an evaluation of the performance of the
programs and activities of the fund and submit a report, in accordance with the provisions
of section 11-4a, of the evaluation to the joint standing committee of the General Assembly having cognizance of matters relating to energy.
(P.A. 98-28, S. 44, 117; P.A. 03-135, S. 10, 11; June 30 Sp. Sess. P.A. 03-6, S. 50; June Sp. Sess. P.A. 05-1, S. 6.)
History: P.A. 98-28 effective July 1, 1998; P.A. 03-135 added "hydrogen production and hydrogen conversion technologies" in Subsec. (a) and added "the Department of Public Utility Control and the Office of Consumer Counsel" in Subsec.
(d), effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) to provide for a plan to avoid disbursements
from the Renewable Energy Investment Fund to the General Fund in the implementation of the budget for the biennium
ending June 30, 2005, effective August 20, 2003; June Sp. Sess. P.A. 05-1 amended Subsec. (a) to add provision re certain
usable energy and thermal storage systems, amended Subsec. (b) to make technical changes and to change assessment on
and after July 1, 2004, from one mill to not less than one mill, amended Subsec. (d) to require preference for projects that
maximize reduction of federally mandated congestion charges, to require consistency with the comprehensive energy plan,
to require report to describe collaboration with the Energy Conservation and Load Management Funds, and to make
technical changes, and added Subsec. (e) establishing a joint committee of the Energy Conservation Management Board
and the Renewable Energy Investments Advisory Committee and Subsec. (f) re evaluation of the programs, effective July
21, 2005.
Sec. 16-245p. Information re electric supplier and electric distribution company to be provided to customers. (a) An electric supplier and an electric distribution
company providing standard service or back-up electric generation service, pursuant to
section 16-244c, shall submit information to the Department of Public Utility Control
that the department, after consultation with the Consumer Education Advisory Council,
established under section 16-244d, determines will assist customers in making informed
decisions when choosing an electric supplier, including, but not limited to, the information provided in subsection (b) of this section. Each supplier or electric distribution
company providing standard service or back-up electric generation service, pursuant to
section 16-244c, shall, at such times as the department requires, but not less than annually, submit in a form prescribed by the department, information that the department
must make available pursuant to subsection (b) of this section and any other information
the department considers relevant. After the department has received the information
required pursuant to this subsection, the supplier shall be eligible to receive customer
marketing information from electric or electric distribution companies, as provided in
section 16-245o.
(b) The Department of Public Utility Control shall maintain and make available to
customers upon request, a list of electric aggregators and the following information
about each electric supplier and each electric distribution company providing standard
service or back-up electric generation service, pursuant to section 16-244c: (1) Rates
and charges; (2) applicable terms and conditions of a contract for electric generation
services; (3) the percentage of the total electric output derived from each of the categories
of energy sources provided in subsection (e) of section 16-244d, the total emission rates
of nitrogen oxides, sulfur oxides, carbon dioxide, carbon monoxide, particulates, heavy
metals and other wastes the disposal of which is regulated under state or federal law at
the facilities operated by or under long-term contract to the electric supplier or providing
electric generation services to an electric distribution company providing standard service or back-up electric generation service, pursuant to section 16-244c, and the analysis
of the environmental characteristics of each such category of energy source prepared
pursuant to subsection (e) of said section 16-244d and to the extent such information is
unknown, the estimated percentage of the total electric output for which such information is unknown, along with the word "unknown" for that percentage; (4) a record of
customer complaints and the disposition of each complaint; and (5) any other information the department determines will assist customers in making informed decisions when
choosing an electric supplier. The department shall make available to customers the
information filed pursuant to subsection (a) of this section not later than thirty days after
its receipt. The department shall put such information in a standard format so that a
customer can readily understand and compare the services provided by each electric
supplier.
(c) Each electric supplier and electric distribution company shall disclose to customers, in a manner prescribed by the department and not less than annually, such information as the department considers relevant. The department may adopt regulations, in
accordance with the provisions of chapter 54, to implement the provisions of this subsection.
(P.A. 98-28, S. 27, 117; P.A. 03-135, S. 14; June Sp. Sess. P.A. 05-1, S. 28.)
History: P.A. 98-28 effective July 1, 1998; P.A. 03-135 added language re applicability of section to electric distribution
companies providing standard service or back-up electric generation services and made conforming and technical changes
throughout and, in Subsec. (b), added "total emission", effective July 1, 2003; June Sp. Sess. P.A. 05-1 amended Subsec.
(a) to change submission deadline from quarterly to "at such times as the department requires, but not less than annually"
and rephrase language re required information, amended Subsec. (b) to replace language re quarterly updates with language
re making information available not later than thirty days after receipt, and added Subsec. (c) re disclosure of relevant
information and adoption of regulations.
Sec. 16-245z. Internet links to Energy Star program. Not later than October 1,
2005, the Department of Public Utility Control and the Energy Conservation Management Board, established in section 16-245m, shall establish links on their Internet web
sites to the Energy Star program or successor program that promotes energy efficiency
and each electric distribution company shall establish a link under its conservation programs on its Internet web site to the Energy Star program or such successor program.
(June Sp. Sess. P.A. 05-1, S. 20.)
History: June Sp. Sess. P.A. 05-1 effective July 21, 2005.
Secs. 16-246b to 16-246d. Area within which domestic company may generate
and transmit electric energy. Area within which foreign electric company may
generate and transmit electric energy. Joint ownership of facility; waiver of right
to petition. Sections 16-246b to 16-246d, inclusive, are repealed, effective October
1, 2005.
(February, 1965, P.A. 124, S. 2-6; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 610; P.A. 80-97; 80-482, S. 108, 348;
June Sp. Sess. P.A. 05-1, S. 40.)
Sec. 16-247s. Directory assistance database. Disclosure and distribution of
cellular mobile telephone numbers. (a) For purposes of this section, "carrier" means
a cellular mobile telephone carrier, a reseller of service provided by a cellular mobile
telephone carrier or a retailer of a mobile service, as mobile service is defined in 47
USC 153.
(b) Each certified telecommunications provider, as defined in section 16-1, that
provides local exchange service to customers in the state shall provide without charge
to a telephone company serving more than one hundred thousand customers for directory
assistance purposes all listings for its Connecticut customers other than those listings
that are nonpublished. Such telephone company, or its agent or affiliate as applicable,
shall, in accordance with the terms and conditions set forth in the federal Telecommunications Act of 1996, as from time to time amended, and any applicable order or regulation
adopted by the Federal Communications Commission thereunder, including the availability and timing of updates and applicable rates, compile all such listings and all listings
for its own Connecticut customers other than those that are nonpublished in a directory
assistance database and make all such listings contained in such database available in
electronic format to directory assistance providers. If a customer requests a customer
listing from a certified telecommunications provider that does not provide directory
assistance, such provider shall connect the customer at no charge with an entity that
provides directory assistance to the customer. Each such certified telecommunications
provider shall indemnify a telephone company for any damages caused by that certified
telecommunications provider's negligence in misidentifying a nonpublished customer.
(c) Unless required by law, no carrier may disclose the cellular telephone number,
name or address of a customer to another person for use as a listing in a directory
assistance data base or for publication or listing in a directory unless such customer
authorizes such disclosure in accordance with the provisions of subsection (d) of this
section.
(d) The customer's authorization permitted under subsection (c) of this section shall
be obtained through a separate question, given orally, by written record or by electronic
means, provided such carrier shall maintain a record or copy of such authorization for
as long as the person is a customer of such carrier.
(e) A customer who gives the authorization permitted under subsection (c) of this
section may revoke such authorization at any time. A carrier shall comply with a request
to revoke authorization no later than sixty days after receiving such a request.
(f) No carrier may charge a fee to a customer or refuse to provide service to a person
for declining to give the authorization permitted under subsection (c) of this section.
(g) No person may distribute a directory containing the name or cellular mobile
telephone number information of a customer of a carrier who has not given an authorization in accordance with the provisions in subsection (d) of this section.
(h) Failure to comply with any provisions of subsections (c) to (g), inclusive, of
this section shall constitute an unfair or deceptive trade practice under section 42-110b.
(P.A. 00-221, S. 3; P.A. 01-49, S. 9; P.A. 05-241, S. 1.)
History: P.A. 01-49 made technical changes; P.A. 05-241 added Subsec. (a) defining "carrier", designated existing
language as Subsec. (b), and added Subsecs. (c) to (h), inclusive, re disclosure and distribution of cellular mobile telephone
numbers, effective July 8, 2005.
Sec. 16-247t. Customer inquiries and complaints regarding cellular mobile
telephone service. (a) For purposes of this section and section 16-49, "carrier" means
a cellular mobile telephone carrier or a reseller of service provided by a cellular mobile
telephone carrier.
(b) The Department of Public Utility Control shall receive customer inquiries and
complaints regarding cellular mobile telephone service in the state. For purposes of this
section, complaints do not include customer complaints not previously referred to such
customer's carrier. Not later than January 1, 2006, the Department of Public Utility
Control shall provide a toll-free telephone number and Internet web site at which members of the public may submit to the department their information inquiries and complaints regarding activations, disputed bills, collections, deactivations, equipment problems, network trouble and other service problems. The department shall also accept
such inquiries and complaints by mail.
(c) Not later than January 1, 2006, each carrier shall notify each of its customers
concerning such toll-free telephone number, Internet web site address and the address
of the department for submitting such inquiries and complaints. Beginning not later than
January 1, 2006, and ending on January 1, 2008, each such carrier shall disclose to all
new customers at the point of sale or contract the toll-free telephone number, Internet
web site address and the address of the department for submitting such inquiries and
complaints.
(d) Not later than March 1, 2007, and March 1, 2008, the department shall prepare
a report for the preceding calendar year containing information on carrier customer
inquiries and complaints. Such report shall include information on consumer complaints
regarding activations, disputed bills, collections, deactivations, equipment problems,
network trouble and other service problems of carriers as may be relevant for the purposes of the report, provided the report may not include any information that may be a
violation of section 42-110b. The information may include an analysis of such complaints and recommendations to address problems raised by customers. The department
shall make the report available to the Attorney General and the public, on request and
on the department's Internet web site.
(e) The department shall, within available appropriations, carry out its responsibilities under this section.
(P.A. 05-241, S. 2.)
Sec. 16-256i. Primary local or intrastate interexchange carrier orders. Unauthorized switching. Penalty. (a) As used in this section:
(1) "Customer" means (A) in the case of a residential customer, any adult who is
authorized by the individual in whose name the local exchange carrier has established an
account for telecommunications services to authorize a change in telecommunications
services, and (B) in the case of a business customer, any individual who is authorized
by the business to authorize a change in telecommunications services;
(2) "Telemarketer" means any individual who, by telephone, initiates the sale of
telecommunications services for a telecommunications company; and
(3) "Telemarketing" means the act of soliciting by telephone the sale of telecommunications services.
(b) A telecommunications company shall not submit a primary, local or intrastate
interexchange carrier change order to a company providing local exchange telephone
service prior to the order being confirmed in accordance with the provisions of Subpart
K of Part 64 of Title 47 of the Code of Federal Regulations, as from time to time amended,
and the provisions of this section, if applicable.
(c) A telecommunications company or its affiliate or authorized representative using telemarketing to initiate the sale of telecommunications services shall comply with
the following requirements for all such telemarketing calls: (1) The telemarketer shall
identify himself by name and identify the telecommunications company providing the
proposed services and the name of the business, firm, corporation, association, joint
stock association, trust, partnership, or limited liability company, if different from the
telecommunications company, for whom the call is made; (2) the telemarketer shall
state that only the customer may authorize a change in service; (3) the telemarketer shall
confirm that he is speaking to the customer; (4) the telemarketer shall clearly explain
the proposed services in detail and explain that an affirmative response will change
the customer's telecommunications carrier; (5) the telemarketer shall obtain from the
customer an affirmative response that the customer agrees to a change in his primary,
local or intrastate interexchange carrier; and (6) the primary, local or intrastate interexchange carrier change order or independent third party verification record shall identify
the individual with whom the telemarketer confirmed the authorization to change the
primary, local or intrastate interexchange carrier.
(d) (1) A telecommunications company or its affiliate or authorized representative
using telemarketing to initiate the sale of telecommunications services shall (A) prior
to submitting a change in primary, local or intrastate interexchange carriers, obtain
verbal authorization confirmed by an independent third party or written authorization of
such change from the customer, and (B) not more than four business days after obtaining
notification or confirmation that the change in carrier has been made, send by first
class mail to the customer notification that the customer's primary, local or intrastate
interexchange carrier has been changed, along with a postpaid postcard or toll-free number which the customer can use to deny authorization for the change order. If the telecommunications company receives a postcard or telephone call at the toll-free number provided in the notification denying authorization for the change, the company shall
immediately notify the customer's previous carrier and shall cause the customer's primary, local or intrastate interexchange service to be switched back to the customer's
previous carrier and shall: (i) Adjust the affected customer's bill so that the customer
pays no more than the customer would have paid had his carrier not been switched; (ii)
pay the previous carrier an amount equal to all charges paid by the customer after the
change to the new carrier; and (iii) pay the previous carrier an amount equal to all
expenses assessed by the local exchange company for switching the customer's primary,
local or intrastate interexchange service.
(2) It shall be an unfair or deceptive trade practice, in violation of chapter 735a, for
any telecommunications company to unreasonably delay or deny a request by a customer
to switch a customer's primary, local or intrastate interexchange carrier back to the
customer's previous carrier.
(e) The department shall adopt regulations in accordance with the provisions of
chapter 54 to implement the provisions in this section.
(f) A telecommunications company, or its affiliate or authorized representative using telemarketing to initiate the sale of telecommunications services, which the department determines, after notice and opportunity for a hearing as provided in section 16-41, has failed to comply with the provisions of this section or section 16-256j shall pay
to the state a civil penalty of not more than ten thousand dollars per violation.
(P.A. 95-326; P.A. 96-266, S. 1; P.A. 98-148, S. 1; June Sp. Sess. P.A. 05-1, S. 31.)
History: P.A. 96-266 made section applicable to "local" interexchange carrier change orders; P.A. 98-148 added new
Subsec. (a) re definitions, designated most of existing provisions as Subsec. (b) and made technical changes, added new
Subsecs. (c) to (e) re telemarketing, designated existing penalty provision as Subsec. (f) and added to Subsec. (f) references
to telemarketing and Sec. 16-256j; June Sp. Sess. P.A. 05-1 amended Subsec. (f) to increase maximum penalty from five
thousand dollars to ten thousand dollars.
Sec. 16-262i. Regulations. (a) The Department of Public Utility Control shall
adopt regulations necessary to carry out the purposes of sections 16-262c to 16-262h,
inclusive.
(b) The department may adopt regulations in accordance with the provisions of
chapter 54, setting forth the terms and conditions under which electric, electric distribution, gas, telephone and water companies, electric suppliers, certified telecommunications providers and municipal utilities furnishing electric, gas or water service may be
prohibited from terminating service to a residential dwelling on account of nonpayment
of a delinquent account in the name of the former spouse or spouse of the individual
who occupies the dwelling, if the marriage of such individuals has been dissolved or
annulled or such individuals are legally separated or have an action for dissolution or
annulment of a marriage or for legal separation pending, pursuant to chapter 815j.
(c) The department may adopt regulations, in accordance with the provisions of
chapter 54, setting forth the terms and conditions under which electric distribution,
gas, telephone and water companies, electric suppliers, certified telecommunications
providers and municipal utilities furnishing electric, gas, telecommunications or water
service may terminate service for reasons other than nonpayment of a delinquent account.
(P.A. 75-486, S. 1, 69; 75-625, S. 7, 8; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 117, 348; P.A. 85-103; P.A. 98-28,
S. 42, 117; P.A. 99-222, S. 15, 19; June Sp. Sess. P.A. 05-1, S. 29.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority where appearing in P.A.
75-625; P.A. 77-614 replaced public utilities control authority with division of public utility control within the department of
business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and deleted reference
to abolished department of business regulation; P.A. 85-103 added Subsec. (b) re regulations concerning termination of
utility service for persons who have separated or whose marriage has been dissolved or annulled; P.A. 98-28 added electric
suppliers and electric distribution companies and made technical changes in Subsec. (b), effective July 1, 1998; P.A. 99-222 amended Subsec. (b) by adding "certified telecommunications providers", effective June 29, 1999; June Sp. Sess.
P.A. 05-1 added Subsec. (c) re adoption of regulations containing terms and conditions for termination of service.
Sec. 16-262o. Acquisition of water company ordered by department. Rates
and charges. Recovery of acquisition costs. (a) The Department of Public Utility
Control, in consultation with the Department of Public Health, upon a determination
that the costs of improvements to and the acquisition of the water company are necessary
and reasonable, shall order the acquisition of the water company by the most suitable
public or private entity. In making such determination, the department shall consider:
(1) The geographical proximity of the plant of the acquiring entity to the water company,
(2) whether the acquiring entity has the financial, managerial and technical resources to
operate the water company in a reliable and efficient manner and to provide continuous,
adequate service to the persons served by the company, (3) the current rates that the
acquiring entity charges its customers, and (4) any other factors the department deems
relevant. Such order shall authorize the recovery through rates of all reasonable costs
of acquisition and necessary improvements. A public entity acquiring a water company
beyond the boundaries of such entity may charge customers served by the acquired
company for water service and may, to the extent appropriate, as determined by the
governing body of the public entity, recover through rates all reasonable costs of acquisition and necessary improvements.
(b) Notwithstanding the provisions of any special act, the Department of Public
Utility Control shall extend the franchise areas of the acquiring water company to the
service area of the water company acquired pursuant to this section.
(c) On and after December 1, 1989, in the case of any proposed acquisition of a
water company for which the Department of Public Utility Control has provided notice
of a hearing pursuant to section 16-262n, the department may, to encourage and facilitate
such acquisition, and shall, if it orders such acquisition, require the acquiring water
company, as defined in section 16-1, to implement, and revise quarterly thereafter, a
rate surcharge applied to the rates of the acquired water company or of both the acquiring
water company and the acquired water company, as determined by the department, that
would recover on a current basis all costs of such acquisition and of needed improvements to the acquired water company's system. Such surcharge may be designed to
recover one hundred per cent of the revenues necessary to provide a net after-tax return
on investment actually made in the acquisition and improvement of the acquired water
company, at a rate of return equivalent to that authorized for the acquiring water company
in its last general rate proceeding. The department shall, not later than December 1,
1989, adopt regulations, in accordance with chapter 54, to carry out the purposes of this
section.
(d) Not later than sixty days after the issuance of an order for an acquisition pursuant
to this section, the acquired water company shall properly execute and deliver to the
acquiring water company all documents necessary to complete the transfer of title to
all real and personal property that is the subject of the acquisition order, including, but
not limited to, land, structures, easements, and every estate, right or interest therein, to
the entity ordered to acquire such water company. If the acquired company fails to
deliver such documents in accordance with this subsection, the acquiring company shall
notify the Department of Public Utility Control of such failure to act. Upon receipt of
such notice, the department shall petition the Superior Court to enforce the provisions
of its acquisition order. Nothing in this subsection shall deprive any entity of the compensation rights set forth in section 16-262q.
(P.A. 84-330, S. 3; P.A. 89-261, S. 3, 4; P.A. 93-380, S. 1, 19; 93-381, S. 9, 39; P.A. 94-219, S. 5; P.A. 95-257, S. 12,
21, 58; P.A. 05-224, S. 1.)
History: P.A. 89-261 added new Subsec. (d) re recovery of costs of acquisition of a water company; P.A. 93-380
amended Subsec. (a) by specifying the public entity determines when recovering costs through rates is appropriate, deleted
Subsec. (c) regarding rates charged customers of water company acquired by public entity, relettered Subsec. (d) as (c)
and amended provisions to define acquiring water companies as those defined in Sec. 16-1, effective June 30, 1993; P.A.
93-381 replaced department of health services with department of public health and addiction services, effective July 1,
1993; P.A. 94-219 in Subsec. (a) added a new Subdiv. (3) requiring the department to consider the current rates that the
acquiring entity charges its customers and renumbered the remaining Subdiv. accordingly; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health,
effective July 1, 1995; P.A. 05-224 added Subsec. (d) re execution and delivery of documents, effective July 6, 2005.