Sec. 16a-35k. Legislative findings and policy. The General Assembly finds that
the state of Connecticut is severely disadvantaged by its lack of primary energy resources; that primarily as a result of past policies and tendencies, the state has become
dependent upon petroleum as an energy source; that national energy policies do not
preclude the recurrence of serious problems arising from this dependence during petroleum shortages; that the increase in oil prices since the 1973 oil embargo has had a major
impact on the state; that the economy has suffered directly because of our dependence
on petroleum and constraints upon the rate of conversion to alternatives; that other
conventional sources of energy are subject to constraints involving supply, transportation, cost and environmental, health and safety considerations; and that the state must
address these problems by conserving energy, increasing the efficiency of energy utilization and developing renewable energy sources. The General Assembly further finds that
energy use has a profound impact on the society, economy and environment of the state,
particularly in its impact on low and moderate-income households and interrelationship
with population growth, high density urbanization, industrial well-being, resource utilization, technological development and social advancement, and that energy is critically
important to the overall welfare and development of our society. Therefore, the General
Assembly declares that it is the policy of the state of Connecticut to (1) conserve energy
resources by avoiding unnecessary and wasteful consumption; (2) consume energy resources in the most efficient manner feasible; (3) develop and utilize renewable energy
resources, such as solar and wind energy, to the maximum practicable extent; (4) diversify the state's energy supply mix; (5) where practicable, replace energy resources vulnerable to interruption due to circumstances beyond the state's control with those less
vulnerable; (6) assist citizens and businesses in implementing measures to reduce energy
consumption and costs; (7) ensure that low-income households can meet essential energy needs; (8) maintain planning and preparedness capabilities necessary to deal effectively with future energy supply interruptions and (9) when available energy alternatives
are equivalent, give preference for capacity additions first to conservation and load
management. The state shall seek all possible ways to implement this policy through
public education and cooperative efforts involving the federal government, regional
organizations, municipal governments, other public and private organizations and concerned individuals, using all practical means and measures, including financial and technical assistance, in a manner calculated to promote the general welfare by creating and
maintaining conditions under which energy can be utilized effectively and efficiently.
The General Assembly further declares that it is the continuing responsibility of the
state to use all means consistent with other essential considerations of state policy to
improve and coordinate the plans, functions, programs and resources of the state to
attain the objectives stated herein without harm to the environment, risk to health or
safety or other undesirable or unintended consequences, to preserve wherever possible
a society which supports a diversity and variety of individual choice, to achieve a balance
between population and resource use which will permit the maintenance of adequate
living standards and a sharing of life's amenities among all citizens, and to enhance the
utilization of renewable resources so that the availability of nonrenewable resources
can be extended to future generations. The General Assembly declares that the energy
policy is essential to the preservation and enhancement of the health, safety and general
welfare of the people of the state and that its implementation therefore constitutes a
significant and valid public purpose for all state actions. Sec. 16a-35l. Review of agency policies and practices for consistency with energy policy. Reports. Section 16a-35l is repealed. Sec. 16a-35m. Preparation of comprehensive energy plan. Report. On or before January 1, 1994, and every four years thereafter, the Secretary of the Office of
Policy and Management shall prepare a comprehensive energy plan. The secretary shall
hold regional public hearings on the proposed plan and shall give at least thirty days
notice of each hearing by publication in the Connecticut Law Journal. Notice of such
hearing may be published in one or more newspapers having general circulation in each
municipality as deemed necessary by the secretary. The notice shall state the date, time
and place of the hearing, the subject matter of the hearing, the statutory authority for
the plan and the location where a copy of the plan may be examined. Any person may
comment on the proposed plan. The secretary shall provide a time period of not less
than forty-five days from the date the notice is published in the Connecticut Law Journal
for review and comment. The secretary shall consider fully, after all public hearings,
all written and oral comments respecting the proposed plan and shall mail to each person
who commented or requested notification, notice of availability of the following documents at a designated location: The text of the final plan, a summary of the differences
between the proposed and final plan and the reasons therefor, and the principal considerations raised in opposition to the proposed plan and the reasons for rejecting any such
considerations. The secretary shall sign the final plan and shall submit it to the joint
standing committee of the General Assembly having cognizance of matters relating to
energy planning and activities. The committee may approve or disapprove or amend
such plan at a meeting held not later than sixty days after receipt of the plan. If the
committee takes no action with regard to the plan within the sixty days, the plan shall
be deemed approved. Such plan shall reflect the legislative findings and policy stated
in section 16a-35k and shall include, but not be limited to (1) an assessment of current
energy supplies, demand and costs; (2) identification and evaluation of the factors likely
to affect future energy supplies, demand and costs; (3) a statement of progress made
toward long-term goals set in the previous report; (4) recommendations for decreasing
dependency on fossil fuels by promoting energy conservation, solar and other alternative
energy sources; and (5) mechanisms for achieving these recommendations. Sec. 16a-36. Air-conditioning in state buildings restricted. Variance. Regulations. Report to General Assembly. (a) Unless the Secretary of the Office of Policy
and Management grants a variance, no person shall cause any building or part thereof
owned or leased by the state to be artificially cooled to a temperature of less than seventy-
eight degrees Fahrenheit, except as permitted by this section. Sec. 16a-36a. Heating in state buildings restricted. Variance. Regulations. Report to General Assembly. Unless the Labor Commissioner, under section 19a-109,
or the Secretary of the Office of Policy and Management grants a variance, or the building
complies with regulations adopted by the Commissioner of Public Health under section
19a-109, no person shall cause any building or part thereof owned or leased by the state
to be artificially heated to a temperature greater than sixty-five degrees Fahrenheit. The
agency occupying the building shall report any temperatures not conforming to the
provisions of this section to the joint standing committee of the General Assembly having
cognizance of matters relating to appropriations and the budgets of state agencies at the
time that it presents its annual proposed budget to the committee. Sec. 16a-37. Use of natural gas restricted. Exemptions. Regulations. Section
16a-37 is repealed. Sec. 16a-37a. Relamping. Retrofitting light fixtures and other retrofits in state
buildings. Each public service company, as defined in section 16-1, with over seventy-
five thousand customers, in cooperation with the Office of Policy and Management,
shall submit a plan for approval to the Secretary of the Office of Policy and Management,
by July 1, 1990, describing each company's plan for relamping, retrofitting light fixtures
and other retrofits, approved by the Office of Policy and Management, in any building
to which it provides electric service, owned, or leased by the state, for which state funds
are used, directly or indirectly, to pay for electricity. The implementation of such plans
shall achieve a savings of four million dollars. Sec. 16a-37b. Savings achieved through implementation of relamping. Retrofitting in state buildings. Notwithstanding the provisions of section 16a-37c, the savings achieved through the implementation of the plans, established pursuant to section
16a-37a, shall accrue to the General Fund. Sec. 16a-37c. Shared energy savings program. Regulations. (a) The Secretary
of the Office of Policy and Management shall establish a program to provide incentives
to agencies that achieve savings through energy conservation. The program shall allow
any state agency to request from the Office of Policy and Management a statement of
the agency's energy cost savings achieved through conservation measures during the
preceding fiscal year. The Office of Policy and Management, in consultation with the
Department of Public Utility Control, shall provide any agency with the requested statement. Based upon said statement the secretary shall allow a portion of the energy savings
accumulated during any fiscal year to be retained by the agency and used for future
energy costs or energy conservation related activities. Said portion shall not be less than
fifty per cent of the energy savings and shall accrue to the agency annually for a period
equal to the useful life of the conservation measures. Sec. 16a-37d. Plans for improving energy performance of state-funded facilities. (a) Each public service company, as defined in section 16-1, which serves more
than seventy-five thousand customers and provides or may provide electric or gas service
to facilities in which state funds are used, directly or indirectly, to pay for any such
service, shall prepare, in cooperation with the Secretary of the Office of Policy and
Management, a plan describing the company's plan for improving the energy performance of such facilities. A company which provides or may provide district heating or
cooling service to such facilities, may prepare, in cooperation with the Secretary of the
Office of Policy and Management, a plan describing the company's plan for improving
the energy performance of such facilities. Each such plan (1) shall include, but not be
limited to, providing the following services: Inspections, energy studies, project engineering, equipment installation and testing, and project management, (2) may include
conversion services, (3) shall detail the energy improvements to be completed, and (4)
shall address the energy performance of lighting, heating, ventilation, air conditioning
and any ancillary equipment and controls, motors, water heating and cooking equipment.
The Secretary of the Office of Policy and Management shall provide companies who
have submitted a plan pursuant to this section an opportunity to comment on and offer
alternatives to another company's proposal involving conversion measures. Each company subject to the provisions of this section shall submit its plan to the Secretary of
the Office of Policy and Management for approval. Each electric company, as defined
in section 16-1, subject to the provisions of this section shall submit a four-year plan
not later than November 1, 1991. Each gas company, as defined in section 16-1, subject
to the provisions of this section shall submit a two-year plan not later than February 1,
1994. A company which provides or may provide district heating or cooling service to
such facilities and prepares a plan in accordance with the provisions of this section shall
submit a two-year plan not later than February 1, 1994. Each company which submits
a plan shall update its plan annually. Sec. 16a-37e. Savings achieved through implementation of energy performance plans. Notwithstanding the provisions of section 16a-37c, the savings achieved
through the implementation of the plans established pursuant to section 16a-37d shall
not accrue to the appropriation for the agency making the improvement. Sec. 16a-37f. Light bulbs purchased by budgeted agencies. A budgeted agency,
as defined in section 4-69, shall only purchase replacement light bulbs which (1) are
provided under an electric company's customer lighting efficiency program, (2) are
equivalent in energy efficiency to bulbs provided under such electric company lighting
efficiency program, as determined by the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Administrative Services, or (3) meet
such other life-cycle cost analysis standards as the Secretary of the Office of Policy and
Management, with the concurrence of the Commissioner of Administrative Services,
may designate. Secs. 16a-37g to 16a-37t. Reserved for future use. Sec. 16a-37u. Planning and managing energy use in state-owned and leased
buildings. Reduction in energy consumption. Connection of state-owned and leased
buildings to district heating and cooling systems. (a) The Secretary of the Office of
Policy and Management shall be responsible for planning and managing energy use in
state-owned and leased buildings and shall establish a program to maximize the efficiency with which energy is utilized in such buildings. He shall exercise this authority
by (1) preparing and implementing annual and long-range plans, with timetables, establishing goals for reducing state energy consumption and, based on energy audits, specific
objectives for state agencies to meet the performance standards adopted under section
16a-38; (2) coordinating federal and state energy conservation resources and activities,
including but not limited to, those required to be performed by other state agencies under
this chapter; and (3) monitoring energy use and costs by budgeted state agencies on a
monthly basis. Sec. 16a-38. Energy performance standards, life-cycle cost analyses and design proposals for state buildings, equipment and appliances. (a) As used in this
section, subsection (e) of section 4b-23, sections 16a-38a and 16a-38b, unless the context
otherwise requires: (1) "Major capital project" means the construction or renovation of
a major facility; (2) "major facility" means any building owned by the state or constructed or renovated wholly or partly with state funds, including a state-financed housing project, which is used or intended to be used as a school or which has ten thousand
or more gross square feet, or any other building so owned, constructed or renovated
which is designated a major facility by the Commissioner of Public Works; (3) "renovation" means additions, alterations or repairs to a major facility which the Commissioner
of Public Works finds will have a substantial effect upon the energy consumption of
the facility; (4) "life-cycle cost" means the cost, as determined by the methodology
identified in the National Institute of Standards and Technology's special publication
544 and interagency report 80-2040, available as set forth in the Code of Federal Regulations, Title 15, Part 230, of a major facility including the initial cost of its construction
or renovation, the marginal cost of future energy capacity, the cost of the energy consumed by the facility over its expected useful life or, in the case of a leased facility, over
the remaining term of the lease, and the cost of operating and maintaining the facility
as such cost affects energy consumption; (5) "energy performance standard" means a
rate of energy consumption which is the minimum practically achievable, on a life-cycle
cost basis, by adjusting maintenance or operating procedures, modifying a building's
equipment or structure and utilizing renewable sources of energy; (6) "energy audit"
means an evaluation of, recommendations for and improvements of the energy consumption characteristics of all passive, active and operational energy systems and components by demand and type of energy used including the internal energy load imposed
on a building by its occupants, equipment and components, and the external energy load
imposed on a building by the climatic conditions at its location; (7) "renewable sources
of energy" means energy from direct solar radiation, wind, water, geothermal sources,
wood and other forms of biomass; (8) "cost effective" means that savings exceed cost
over a ten-year period; (9) "state agency" means any department, board, commission,
institution, or other agency of this state; and (10) "covered products" means the consumer products set forth as covered products in the Energy Policy and Conservation
Act, 42 USC 6292. Sec. 16a-38a. Energy audits and retrofitting of state buildings. Leasing of energy efficient buildings. Energy efficiency maintenance program. (a) The Commissioner of Public Works shall conduct an energy audit of all buildings owned by the state
to determine the energy conservation and energy consumption characteristics of such
buildings. Such energy audits shall be conducted in cooperation with the state department, agency, board or commission occupying such building. Such energy audits shall
be conducted in accordance with guidelines established under the "National Energy
Conservation Policy Act", Public Law 95-619, 92 Stat. 3206 (1978), as amended from
time to time, and with the following schedule: (1) Preliminary energy audits of all buildings owned or leased by the state shall be completed within one year after July 1, 1979.
The results from such preliminary audits shall be used to set priorities for subsequent
audits. (2) Subsequent energy audits based on the priorities established in accordance
with subdivision (1) of this subsection, shall be initiated at a rate of at least twenty per
cent of total building floor space per year. Each audit procedure shall be completed
within two years of its initiation. Sec. 16a-38b. Achievement of energy performance standards. The Commissioner of Public Works and the Secretary of the Office of Policy and Management shall
take such actions as may be necessary or appropriate to enable all state facilities to meet
the energy performance standards established in accordance with subdivision (1) of
subsection (b) of section 16a-38. Sec. 16a-38c. Program to maximize efficiency of energy use in state buildings.
Section 16a-38c is repealed. Sec. 16a-38d. Energy conservation projects: Definitions. As used in this section
and sections 16a-38e to 16a-38g, inclusive: Sec. 16a-38e. Designation of priority energy projects. Regulations. Criteria.
Report. (a) The commissioner shall adopt regulations, in accordance with the provisions
of chapter 54, establishing standards for use by said commissioner in designating certain
energy-saving capital projects as priority energy projects. Any agency of the state may
apply to the commissioner for such designation with respect to an energy-saving capital
project. The commissioner shall, within ninety days after an application is received by
him, either make or refuse to make such designation. Sec. 16a-38f. Agency decision outlines. Any agency having authority to make
any agency decision with respect to an energy-saving capital project which has been
designated as a priority energy project shall provide the commissioner with a decision
outline within thirty days after such designation. Such decision outline shall include a
statement of necessary actions to be taken by such agency, a schedule for completing
such actions and a list of actions required of the agency of the state which requested the
designation. Sec. 16a-38g. Decision schedule. (a) The commissioner shall issue a decision
schedule for each priority energy project within sixty days after his designation. Such
decision schedule shall state the order in which agency decisions are to be made and
where feasible shall provide for concurrent review of applications and joint agency
hearings. Notwithstanding any general statute or special act to the contrary, such decision schedule shall provide, whenever deemed in the best interests of the state by said
commissioner, for the completion of all agency decisions within one year or less from
the date of its issuance. Sec. 16a-38h. Buildings leased to state. Energy requirements. On and after July
1, 1984, the Department of Public Works may not execute a new lease for use by the
state of any building having ten thousand or more gross square feet and which is not
occupied or possessed by the state at the time of execution of the lease unless (1) the
owner or agent of the owner of the building (A) has had an energy audit conducted
for the building, (B) has implemented the operational and maintenance improvements
recommended by the energy audit and (C) agrees in the lease to maintain such improvements, (2) energy consumption data are obtained for the two years preceding execution
of the lease or the life of the building, whichever is shorter, (3) the building has a certificate of occupancy and no uncorrected violations of the State Building Code adopted
under section 29-252 and the applicable municipal housing code and (4) an efficiency
test for the building's boiler has been conducted. Sec. 16a-38i. Reduction of energy use in state buildings. The energy performance standards established by the Commissioner of Public Works and the Secretary of
the Office of Policy and Management pursuant to section 16a-38 shall require that the
Commissioner of Public Works, in consultation with the secretary, (1) calculate annually, from currently available data, the average energy use per square foot in state buildings, (2) establish one or more thresholds of acceptability for energy use in state buildings
and (3) (A) reduce energy use, on a cost-effective life-cycle basis and within available
fiscal resources as determined by the secretary, in those buildings under the care and
control of the Department of Public Works which do not meet such thresholds and (B)
assist other agencies in reducing energy use, on a cost-effective life-cycle basis and
within available fiscal resources as determined by the secretary, in those buildings under
their care and control which do not meet the applicable thresholds. Sec. 16a-38j. Equipment for use in state buildings; criteria established by regulations. The Department of Public Works, in consultation with the Secretary of the
Office of Policy and Management, shall adopt regulations, in accordance with the provisions of chapter 54, establishing criteria to be used by each state agency in selecting
equipment for use in state buildings. Such criteria shall include a life-cycle cost analysis.
Such criteria for equipment for which energy performance standards have been established pursuant to subsection (j) of section 16a-38 shall include such energy performance
standards. Sec. 16a-39. Lighting standards for public buildings. Regulations. Inspections. Lighting grants to municipalities. (a) As used in this section: Sec. 16a-39a. Pilot energy conservation management program. The Secretary
of the Office of Policy and Management, in consultation with the Commissioner of
Public Works, shall designate one state agency for the purposes of this section. The
agency, after consulting with the secretary, shall designate, subject to the review of the
task force established under section 16a-39b, a state educational, medical, welfare or
correctional institution, operated by the agency, at which a pilot energy conservation
management program shall be conducted. After the task force completes its review,
the agency shall, notwithstanding any provision of the general statutes to the contrary,
negotiate and enter into a contract with a qualified contractor to implement such program. The contract shall specify the improvements and services to be provided by the
contractor and shall limit the level of compensation to the contractor to a fixed amount
not more than the amount of the costs of the energy savings realized under the program.
The secretary shall participate in such negotiations and any such contract shall be subject
to the approval of the secretary. Sec. 16a-39b. Task force on development of incentives for conserving energy
in state buildings. (a) There is established a task force on the development of incentives
for conserving energy in state buildings. The task force shall consist of the chairmen
and ranking members of the joint standing committee of the General Assembly having
cognizance of matters relating to energy planning and activities, or their designees; the
Secretary of the Office of Policy and Management, or not more than three designees of
the secretary having cognizance of budgetary, capital planning and energy matters;
and the Commissioner of Public Works or his designee. The task force shall elect as
cochairmen one of the cochairmen of said joint standing committee and one of the
executive branch members of the task force. The cochairmen of the task force shall
preside alternately at meetings of the task force. Sec. 16a-40. Definitions. For the purposes of sections 16a-40a to 16a-40c, inclusive, and this section: Sec. 16a-40a. Energy Conservation Loan Fund. The commissioner shall establish an "Energy Conservation Loan Fund". Such fund shall be used for the purposes of
making and guaranteeing loans or deferred loans authorized under section 16a-40b and
may be used for expenses incurred by the commissioner in the implementation of the
program of loans, deferred loans and loan guarantees under said section and in the
servicing of loans made before July 1, 1985, under section 16a-40k. Sec. 16a-40b. Revolving loans and deferred loans for energy-conserving installations in residential structures. Revolving loans for secondary heating systems
and conversions of primary heating systems in dwellings heated primarily by electricity. Program for multifamily dwellings. Regulations. Electric and gas company
participation. Report. (a) The commissioner, acting on behalf of the state, may, with
respect to loans for which funds have been authorized by the State Bond Commission
prior to July 1, 1992, in his discretion make low-cost loans or deferred loans to residents
of this state for the purchase and installation in residential structures of insulation, alternative energy devices, energy conservation materials and replacement furnaces and
boilers, approved in accordance with regulations to be adopted by the Secretary of the
Office of Policy and Management. In the purchase and installation of insulation in new
residential structures, only that insulation which exceeds the requirements of the State
Building Code shall be eligible for such loans or deferred loans. The commissioner may
also make low-cost loans or deferred loans to persons in the state residing in dwellings
constructed not later than December 31, 1979, and for which the primary source of
heating since such date has been electricity, for the purchase of a secondary heating
system using a source of heat other than electricity or for the conversion of a primary
electric heating system to a system using a source of heat other than electricity. Sec. 16a-40c. State bonds for purposes of the Energy Conservation Loan
Fund. The State Bond Commission shall have the power, from time to time, to authorize
the issuance of bonds of the state in one or more series and in principal amounts not
exceeding in the aggregate twenty-three million seven hundred thousand dollars. The
proceeds of the sale of said bonds shall be deposited in the Energy Conservation Loan
Fund established under section 16a-40a for the purposes of making and guaranteeing
loans and deferred loans as provided in section 16a-40b. All provisions of section 3-20,
or the exercise of any right or power granted thereby which are not inconsistent with
the provisions of sections 16a-40 to 16a-40b, inclusive, and this section are hereby
adopted and shall apply to all bonds authorized by the State Bond Commission pursuant
to said sections 16a-40 to 16a-40b, inclusive, and this section, and temporary notes in
anticipation of the money to be derived from the sale of any such bonds so authorized
may be issued in accordance with said section 3-20 and from time to time renewed.
Such bonds shall mature at such time or times not exceeding twenty years from their
respective dates as may be provided in or pursuant to the resolution or resolutions of
the State Bond Commission authorizing such bonds. Said bonds issued pursuant to said
sections 16a-40 to 16a-40b, inclusive, and this section shall be general obligations of
the state and the full faith and credit of the state of Connecticut are pledged for the
payment of the principal of and interest on said bonds as the same become due, and
accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest
is hereby made, and the Treasurer shall pay such principal and interest as the same
become due. Secs. 16a-40d to 16a-40h. Reserved for future use. Sec. 16a-40i. Electric and gas company participation in Solar Energy and Energy Conservation Bank Program. The Department of Public Utility Control shall
require each electric and gas company, as defined in section 16-1, having at least seventy-
five thousand customers to participate in the implementation of the state program funded
by the Solar Energy and Energy Conservation Bank authorized under the Energy Security Act of 1980, P.L. 96-294, as amended. Such participation shall include, but not be
limited to, acting as a guarantor of loans made under such program. Sec. 16a-40j. Bond authorization. (a) For the purposes described in subsection
(b), the State Bond Commission shall have the power, from time to time, to authorize
the issuance of bonds of the state in one or more series and in principal amounts not
exceeding in the aggregate five hundred thousand dollars. Sec. 16a-40k. Revolving loans for secondary heating systems and conversions
of primary heating systems in dwellings heated primarily by electricity. Electric
and gas company participation. Regulations. Termination of loan authority. (a)
The Commissioner of Economic and Community Development shall establish a home
heating system loan fund and make low-cost loans from such fund for three years to
persons in the state residing in dwellings constructed not later than December 31, 1979,
and for which the primary source of heating since such date has been electricity. Any
such loan may be used to (1) purchase a secondary heating system using a source of
heat other than electricity or (2) convert a primary electric heating system to a system
using a source of heat other than electricity. Sec. 16a-41. Applications for and written summaries of energy conservation,
energy assistance and renewable resources programs. Regulations. Needs of persons residing in rental housing and persons of poverty status. (a) Any public or
private agency or organization administering an energy assistance program which is
funded or administered, in whole or in part, by the state shall take simultaneous applications from applicants for all energy assistance programs and energy conservation loan,
grant, audit or service programs which that agency or organization administers and
for which an applicant may be eligible and shall provide the applicants with written
summaries of all such programs administered by other agencies and organizations and
for which an applicant may be eligible. Any public or private agency or organization
administering an energy conservation loan, grant, audit or service program or renewable
resources loan, grant or service program which is funded or administered, in whole or
in part, by the state shall provide applicants with written summaries of all other such
programs in the state for which an applicant may be eligible. The Department of Social
Services, in consultation with the Department of Economic and Community Development and the Department of Public Utility Control, shall adopt regulations in accordance
with the provisions of chapter 54 to carry out the purposes of this subsection. Such
regulations shall, without limitation, set forth requirements for the form and content of
the summaries. The Department of Social Services shall be responsible for collecting and
disseminating information on all such programs in the state to agencies and organizations
administering the programs. Sec. 16a-41a. Implementation of block grant program authorized under the
Low-Income Home Energy Assistance Act. Annual plan. Annual reports. Program
for purchase of number two home heating oil at a reduced rate for low-income
households. (a) The Commissioner of Social Services shall submit to the joint standing
committees of the General Assembly having cognizance of energy planning and activities, appropriations, and human services the following on the implementation of the
block grant program authorized under the Low-Income Home Energy Assistance Act
of 1981, as amended: Secs. 16a-41b to 16a-41g. Reserved for future use. Sec. 16a-41h. Energy assistance program funded through electric and gas
company customer donations. (a) Each electric and gas company, as defined in section
16-1, having at least seventy-five thousand customers, shall include in its monthly bills
a request to each customer to add a one-dollar donation to the bill payment. Each company shall transmit all such donations received each month to Operation Fuel, Inc., a
state-wide nonprofit organization designed to respond to people within the state who
are in financial crisis and need emergency energy assistance. Donations shall be distributed to nonprofit social services agencies and private fuel banks in accordance with
guidelines established by the board of directors of Operation Fuel, Inc., provided such
funds shall be distributed on a priority basis to low-income elderly and working poor
households which are not eligible for public assistance or general assistance but who
are faced with a financial crisis and are unable to make timely payments on winter fuel,
electricity or gas bills. Secs. 16a-42 to 16a-42h. Heating fuel loan program: Definitions. Bond authorization. Loans for the purchase of fuel; funds allocated to towns. Eligibility requirements for loans. Application requirements for loans. Loan amounts; interest
rate; repayment schedule. Payments to fuel dealers; nondiscrimination. Regulations. Termination of loan authority. Sections 16a-42 to 16a-42h, inclusive, are repealed.
(P.A. 78-262, S. 1, 2; P.A. 79-449, S. 1, 7; P.A. 82-222, S. 1, 7; P.A. 92-106, S. 1.)
History: P.A. 79-449 amended section to point out constraints on conversion to alternative forms of energy, including
conventional sources of energy and to include consideration of development of renewable forms of energy; P.A. 82-222
applied energy policy to diversification, energy costs and supply interruptions and to all state actions; P.A. 92-106 added
a new Subdiv. (9) providing preference to conservation over other equivalent energy alternatives.
Cited. 20 CA 474, 489.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 79-449, S. 2, 7; P.A. 82-222, S. 6, 7.)
See Sec. 16a-35m re consolidation of review of agency policies and practices, for consistency with energy policy, into
report by Secretary of Office of Policy and Management.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 79-449, S. 3, 7; P.A. 80-482, S. 4, 40, 345, 348; P.A. 82-222, S. 2, 7; P.A. 88-21, S. 1, 3; P.A. 91-28; P.A. 92-
138, S. 2.)
History: P.A. 80-482 made division of public utility control an independent department and abolished its former umbrella
agency, the department of business regulation; P.A. 82-222 required biennial report consolidating reviews of energy impact
of agency decisions and consistency of agency policies and practices with energy policy with new energy assessment
review; P.A. 88-21 added Subdivs. (4) and (5) in Subsec. (a) re participation in review by housing, income maintenance
and public utility control departments and made technical change in Subsec. (b); P.A. 91-28 changed dates of preparation
of and public hearings for the assessment from October first to September first and from November first to October
first, respectively, and required energy use patterns to be included in the assessment; P.A. 92-138 entirely replaced prior
provisions and established a new procedure for the preparation of a comprehensive energy plan.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The Commissioner of Public Health shall adopt regulations permitting artificial
cooling to a lesser temperature when the health or safety of the occupants of any such
building or part thereof so requires.
(c) The Labor Commissioner may grant a variance for any such building or part
thereof where, because of physical characteristics or the nature of the business being
conducted, a lesser temperature must be maintained.
(d) The agency occupying the building shall report any temperatures not conforming to the provisions of this section to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state
agencies at the time that it presents its annual proposed budget to the committee.
(P.A. 77-257, S. 1, 2; 77-614, S. 323, 610; P.A. 81-330, S. 8, 13; P.A. 82-314, S. 34, 63; P.A. 93-381, S. 9, 39; P.A.
95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979;
P.A. 81-330 applied requirement in Subsec. (a) to buildings owned or leased by the state, rather than to all public buildings,
provided for variance by secretary, and added Subsec. (d), requiring agencies to report nonconforming temperatures to
appropriations committee; P.A. 82-314 changed official name of appropriations committee; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; 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.
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(P.A. 81-330, S. 7, 13; P.A. 82-314, S. 35, 63; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 82-314 changed official name of appropriations committee; P.A. 93-381 replaced commissioner of health
services with commissioner of public health and addiction services, effective July 1, 1993; 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.
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(P.A. 77-333, S. 1−4; 77-614, S. 162, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 168, 348; P.A. 86-130.)
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(P.A. 90-221, S. 11, 15.)
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(P.A. 90-221, S. 12, 15.)
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(b) The Secretary of the Office of Policy and Management, in consultation with the
Department of Public Utility Control, shall adopt regulations, in accordance with chapter
54, to carry out the purposes of this section.
(P.A. 90-130, S. 1, 2.)
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(b) The cost of the program, established pursuant to subsection (a) of this section,
shall be shared equally by the state and the participating public service companies or
district heating or cooling companies which have an approved plan as conservation or
conservation measures directly and solely related to energy savings. A public service
company or a company providing district heating or cooling service shall not be required
to fund energy conservation, energy conversion or district heating or cooling measures
involving an energy source other than a source provided by that company.
(c) The companies participating in the program established in subsection (a), in
consultation with the Secretary of the Office of Policy and Management, shall conduct
all work necessary to complete the program.
(June Sp. Sess. P.A. 91-6, S. 1, 4; P.A. 93-417, S. 4, 5.)
History: P.A. 93-417 amended Subsec. (a) by adding provisions regarding gas service, district heating or cooling service
companies' opportunity to comment, and adding Subdiv. designations and new Subdiv. (2) regarding conversion services
and deadlines for gas and district heating or cooling company plans, amended Subsec. (b) by adding district heating or
cooling companies and provision regarding funding of measures and energy sources and deleting provision regarding cost
of measures not directly and solely related to electric savings and amended Subsec. (c) by deleting "public service" as
modifier of participating companies.
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(June Sp. Sess. P.A. 91-6, S. 2, 4.)
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(P.A. 94-67, S. 4.)
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(b) Not later than January fifth, annually, the Secretary of the Office of Policy and
Management shall submit a report to the Governor and the joint standing committee of
the General Assembly having cognizance of matters relating to energy planning and
activities. The report shall (1) indicate the total number of energy audits and technical
assistance audits of state-owned and leased buildings, (2) summarize the status of the
energy conservation measures recommended by such audits, (3) summarize all energy
conservation measures implemented during the preceding twelve months in state-owned
and leased buildings which have not had such audits, (4) analyze the availability and
allocation of funds to implement the measures recommended under subdivision (2) of
this subsection, (5) list each budgeted agency, as defined in section 4-69, which occupies
a state-owned or leased building and has not cooperated with the Commissioner of
Public Works and the Secretary of the Office of Policy and Management in conducting
energy and technical assistance audits of such building and implementing operational
and maintenance improvements recommended by such audits and any other energy
conservation measures required for such building by the secretary, (6) summarize all
life-cycle cost analyses prepared under section 16a-38 during the preceding twelve
months and (7) identify any state laws, regulations or procedures that impede innovative
energy conservation and load management projects in state buildings.
(c) The Secretary of the Office of Policy and Management, in conjunction with
the Department of Public Works, shall as soon as practicable and where cost-effective
connect all state-owned buildings to a district heating and cooling system, where such
heating and cooling system currently exists or where one is proposed. The secretary, in
conjunction with the Department of Public Works, shall prepare an annual report with
the results of his progress in connecting state-owned buildings to such a heating and
cooling system, the cost of such connection and any projected energy savings achieved
through any such connection. The secretary shall submit his report to the joint standing
committee of the General Assembly having cognizance of matters relating to energy
on or before January 1, 1993, and January first annually thereafter.
(d) The Secretary of the Office of Policy and Management shall require each state
agency to maximize its use of public service companies' energy conservation and load
management programs and to provide sites in its facilities for demonstration projects
of highly energy efficient equipment, provided such demonstration project does not
impair the functioning of the facility.
(P.A. 81-376, S. 1, 11; Nov. Sp. Sess. P.A. 81-13, S. 1, 3; P.A. 83-29, S. 1; 83-48, S. 1; P.A. 86-305, S. 3; P.A. 87-496,
S. 74, 110; P.A. 88-220, S. 4, 11; P.A. 91-248, S. 10, 13; P.A. 92-138, S. 1; June Sp. Sess. P.A. 98-1, S. 11, 121.)
History: Nov. Sp. Sess. P.A. 81-13 deleted former Subdiv. (4) in Subsec. (a), which required secretary to report energy
conservation efforts and results by October first annually to governor and general assembly and added Subsec. (c) containing
more detailed provisions re required annual reports; P.A. 83-29 changed deadline for report under Subsec. (c) from October
first to January fifth, annually; P.A. 83-48 added Subdiv. (6) to Subsec. (c), requiring the secretary to include in the report
summaries of life-cycle cost analyses; P.A. 86-305 repealed Subdiv. (4) of Subsec. (a) which had provided that the secretary
shall determine for each state agency and institution, the amount of and expenditures for energy use during the last-
completed fiscal year and estimates of such amounts and expenditures for the current and next fiscal years, and that such
information shall be included in the governor's budget document; P.A. 87-496 substituted "public works" for "administrative services" commissioner in Subsec. (c); P.A. 88-220 deleted former Subsec. (b) which contained obsolete temperature
requirements for state-owned buildings, relettering Subsec. (c) as (b); P.A. 91-248 added a new Subdiv. (7) in Subsec. (b)
re identification of certain impediments to energy conservation in state buildings, added a new Subsec. (c) re connection
of state-owned buildings to a district heating and cooling system and a new Subsec. (d) re demonstration sites in state-
owned facilities of highly energy efficient equipment; P.A. 92-138 amended Subsec. (c) to require connection of all state-
owned buildings to a district heating and cooling system and to require report to be submitted annually; June Sp. Sess.
P.A. 98-1 made a technical change to Subsec. (c), effective June 24, 1998.
See Sec. 2-53k re energy management program compliance review, report and recommendations.
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(b) (1) Except as provided in subsection (f) of this section, the Commissioner of
Public Works and the Secretary of the Office of Policy and Management shall jointly
establish and publish standards for life-cycle cost analyses required by this section for
buildings owned or leased by the state. Such life-cycle cost analyses for buildings shall
provide, but shall not be limited to, information on the estimated initial cost of each
energy-consuming system being compared and evaluated, annual operating and maintenance costs of all energy-consuming systems over the useful life of the building, cost
of energy, salvage value and the estimated replacement cost for each energy-consuming
system or component expressed in annual terms for the useful life of the building.
(2) Except as provided in subsection (f) of this section, the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management may jointly
establish and publish standards for life-cycle cost analyses required by this section for
equipment and appliances owned or leased by the state which are not covered products,
and for such equipment and appliances which are covered products. In establishing
such standards, the commissioner and secretary shall consider the criteria set forth in
subsection (j) of this section.
(c) No state agency shall obtain preliminary design approval for a major capital
project unless the Commissioner of Public Works makes a written determination that
the design is cost effective on a life-cycle cost basis. To make such a determination,
the commissioner (1) shall require documentation that the design meets or exceeds the
standards set forth in the National Bureau of Standards Handbook 135, or subsequent
corresponding handbook of the United States Department of Commerce and the State
Building Code, and (2) may require additional documentation, including, but not limited
to, a life-cycle cost analysis that complies with the standards established pursuant to
subdivision (1) of subsection (b) of this section.
(d) All design proposals for major capital projects shall include at least two differing
energy systems for space heating, cooling and hot water to supplement the passive
features designed into the building. Such proposals may include computer or other analytical modeling or simulation but shall not be construed to require the development of
architectural or mechanical design plans for each such system. All cost evaluations of
the competing energy systems shall be based on life-cycle costs. A life-cycle cost analysis for each competing energy system determined by the Commissioner of Public Works
to meet the standards of subsection (b) of this section shall be included as part of the
design proposal for all projects. No major capital project shall be approved by the Commissioner of Public Works or by the State Properties Review Board pursuant to section
4b-23, after June 30, 1980, unless the proposed project achieves to the maximum extent
practicable the energy performance standards established in accordance with subsection
(b) or (g) of this section.
(e) All applications for state funding of major capital projects shall be accompanied
by a life-cycle cost analysis which the Commissioner of Public Works has determined
complies with the standards established pursuant to subsection (b) of this section. The
Commissioner of Public Works or the Secretary of the Office of Policy and Management
may require such a life-cycle cost analysis for projects other than major capital projects.
(f) The Commissioner of Economic and Community Development and the Secretary of the Office of Policy and Management shall jointly establish and publish energy
performance standards for buildings constructed as part of state-owned and state-financed housing projects and establish standards for life-cycle cost analyses for such
projects. In establishing such standards, the commissioner and secretary shall consider
(1) the coordination, positioning and solar orientation of the project on its situs, (2) the
amount of glazing, degree of sun shading and direction of exposure, (3) the levels of
insulation incorporated into the design, (4) the variable occupancy and operating conditions of the facility, (5) all architectural features which affect energy consumption, and
(6) the design and location of all heating, cooling, hot water and electrical systems.
(g) Notwithstanding any provision in this section concerning the review of life-
cycle cost analyses by the Commissioner of Public Works, a life-cycle cost analysis of
a major capital project prepared for the Department of Housing shall be reviewed by
the Commissioner of Economic and Community Development and the Secretary of the
Office of Policy and Management to determine if such analysis is in compliance with
the life-cycle cost analyses standards established for such project under subsection (f)
of this section.
(h) Each state agency preparing a life-cycle cost analysis under this section shall
submit a summary of the analysis to the Secretary of the Office of Policy and Management.
(i) Except as provided in subsection (f) of this section, the Commissioner of Public
Works and the Secretary of the Office of Policy and Management shall jointly establish
and publish energy performance standards for existing and new buildings owned or
leased by the state. Such standards shall require maximum efficiency in energy use in
all such buildings and maximum practicable use of renewable sources of energy in all
such buildings. In establishing such standards, the commissioner and secretary shall
consider (1) the coordination, positioning and solar orientation of the project on its situs,
(2) the amount of glazing, degree of sun shading and direction of exposure, (3) the levels
of insulation incorporated into the design, (4) the variable occupancy and operating
conditions of the facility, (5) all architectural features which affect energy consumption,
and (6) the design and location of all heating, cooling, hot water and electrical systems.
(j) Except as provided in subsection (f) of this section, the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management may jointly
establish and publish energy performance standards for equipment and appliances
owned or leased by the state which are not covered products, and for such equipment
and appliances which are covered products. Any such standards shall require maximum
energy efficiency for all such equipment and appliances and, for equipment and appliances owned or leased by the state which are covered products, shall be more stringent
than the corresponding federal energy conservation standards set forth in the Energy
Policy and Conservation Act, 42 USC 6295, or federal regulations adopted thereunder.
In establishing such standards, the commissioner and secretary shall consider, without
limitation, (1) the initial cost of the equipment or appliance, (2) the projected useful
lifetime of the equipment or appliance, (3) the projected cost of the energy that the
equipment or appliance will consume over its projected useful lifetime, (4) the estimated
operating costs for maintenance and repair, over the projected useful lifetime of the
equipment or appliance, and (5) the positive or negative salvage value of the equipment
or appliance upon disposal at the conclusion of its projected useful lifetime.
(k) Any life-cycle cost analysis standards established pursuant to subdivision (2)
of subsection (b) of this section and any energy performance standards established pursuant to subsection (j) of this section shall be implemented in accordance with the purchasing requirements set forth in chapter 58, and any regulations adopted thereunder, and
the provisions of this section and section 16a-38j.
(P.A. 77-597, S. 1; 77-614, S. 19, 73, 587, 610; P.A. 79-205; 79-496, S. 1, 5; P.A. 80-443, S. 2, 3; 80-483, S. 68, 186;
P.A. 81-376, S. 2, 11; P.A. 83-48, S. 2; P.A. 87-496, S. 75, 110; P.A. 89-140; P.A. 93-30, S. 7, 14; 93-417, S. 1, 5; P.A.
94-67, S. 1; P.A. 95-250, S. 1; 95-346, S. 3, 4; P.A. 96-211, S. 1, 5, 6; P.A. 99-152, S. 2.)
History: P.A. 77-614 replaced commissioner of planning and energy policy with secretary of the office of policy and
management and commissioner of public works with commissioner of administrative services; P.A. 79-205 included state-
financed housing projects in definition of "major facility" in Subsec. (a); P.A. 79-496 changed square foot requirement
for consideration as major facility from twenty-five thousand to ten thousand square feet and defined "life-cycle cost",
"energy performance goal", "energy audit" and "renewable sources of energy" in Subsec. (a), included provisions re energy
performance goals in Subsec. (b) and rewrote provisions re life-cycle cost analyses, inserted new Subsec. (d) re alternative
energy systems in design proposals and relettered former Subsecs. (d) and (e) accordingly; P.A. 80-443 added exception
in Subsec. (b), replaced "alternative" energy systems with "differing" systems in Subsec. (d) and added provision re
computer or analytical modeling and added Subsecs. (g) and (h); P.A. 80-483 made technical correction in Subsec. (f) for
clarity; P.A. 81-376 substituted "energy performance standard" for "energy performance goal"; P.A. 83-48 added Subsec.
(i), requiring agencies to submit life-cycle cost analyses summaries to secretary of the office of policy and management;
P.A. 87-496 substituted "public works" for "administrative services" commissioner throughout section and deleted obsolete
date reference in Subsec. (b); P.A. 89-140 added the marginal cost of future energy capacity in definition of life-cycle cost
in Subdiv. (4) of Subsec. (a); P.A. 93-30 substituted "commissioner of public works" for "commissioner of administrative
services" in Subsec. (a), effective July 1, 1993; P.A. 93-417 amended Subsec. (a) by changing commissioner from administrative services to public works in Subdiv. (3), adding determination method for life-cycle cost, adding new Subdiv. (8)
defining "cost effective" and renumbering Subdiv. (8) as (9), amended Subsec. (b) by changing Subsec. reference from
(g) to (f), changing application of Subparas. from life-cycle cost analyses to energy performance standards, changing glass
to glazing, changing amount to levels regarding insulation, changing energy consumption of all systems to design and
location of certain systems, deleting provision requiring debt service cost information, adding cost of energy and salvage
value requirements, and deleting provision regarding location and orientation of proposed buildings, amended Subsec. (c)
by changing timing from commencing project to obtaining preliminary design approval, adding Subdiv. designations, new
Subdiv. (1) regarding project standards and provision regarding office of policy and management in Subdiv. (3), amended
Subsec. (d) by deleting requirement that one system be supplied by renewable energy sources and adding reference to
passive features, amended Subsec. (e) by deleting reference to Subdiv. (2) of Subsec. (b) and adding provision regarding
life-cycle cost analyses for other projects, deleted Subsec. (f), relettered Subsecs. (g) to (i) as (f) to (h), amended Subsec.
(f) by adding "jointly" and "buildings constructed as part of", amended Subsec. (g) by adding "and the secretary of the
office of policy and management" and changing Subsec. reference from (g) to (f), effective October 1, 1993, and applicable
to design proposals for major capital projects commenced after October 1, 1993; P.A. 94-67 amended Subsec. (a) by adding
definition of "covered products", amended Subsec. (b) by moving provision re energy performance standards for buildings
to new Subsec. (i), adding requirement of publishing life-cycle cost analyses standards for buildings, adding Subdiv. (2)
re life-cycle cost analyses for equipment and appliances, and moving considerations for energy performance standards for
buildings to Subsec. (f) and new Subsec. (i), added Subsec. (j) re energy performance standards for equipment and appliances
and added Subsec. (k) re implementation of standards for equipment and appliances; P.A. 95-250 and P.A. 96-211 replaced
Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 95-346 amended Subsec. (j) by adding reference to federal regulations and "without limitation", effective July
1, 1995; P.A. 99-152 amended Subsec. (c) by revising life-cycle cost requirement for an agency to obtain preliminary
design approval for a major capital project.
See Sec. 16a-38i re reduction of energy use.
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(b) (1) The Commissioner of Public Works shall review and evaluate the energy
audits completed in accordance with this section and shall, within six months, recommend to the Secretary of the Office of Policy and Management buildings for cost effective retrofit measures to enable such buildings to attain the energy performance standards
established under subdivision (1) of subsection (b) of section 16a-38. (2) It shall be a
goal that beginning not later than July 1, 1982, work to retrofit at least twenty per cent
of the total floor area of existing state-owned buildings for energy conservation shall
be commenced in each fiscal year. Where technically feasible, renewable sources of
energy shall be used for space heating and cooling, domestic hot water and other applications. (3) It shall be a goal that not later than June 30, 1991, all state-owned buildings
be the subject of such energy conservation and renewable energy retrofit measures as
will enable them to meet the energy performance standards established in accordance
with subdivision (1) of subsection (b) of section 16a-38.
(c) In selecting buildings to lease for state use, the Commissioner of Public Works
shall give preference to buildings which meet energy performance standards established
in accordance with subdivision (1) of subsection (b) of section 16a-38, including buildings which use solar heating and cooling equipment or other renewable energy sources
and which otherwise minimize life-cycle costs.
(d) The Commissioner of Public Works and the Secretary of the Office of Policy
and Management shall jointly develop and publish guidelines applicable to all state
agencies for an energy efficiency maintenance program for all state-owned buildings.
The program shall include, but not be limited to, annually inspecting, testing and tuning
fossil fuel burning equipment utilized for space heating or the production of steam or hot
water for process uses. All agencies shall cooperate in implementing such maintenance
program.
(P.A. 79-496, S. 2, 5; P.A. 81-376, S. 3, 11; P.A. 87-496, S. 76, 110.)
History: P.A. 81-376 substituted "energy performance standards" for "energy performance goals" in Subsecs. (b) and
(c), required commissioner to recommend to secretary, rather than select, buildings for retrofit measures in Subsec. (b),
required commissioner to jointly develop guidelines with secretary for program under Subsec. (c), rather than in consultation
with secretary, and set forth scope of program under Subsec. (c); P.A. 87-496 substituted "public works" for "administrative
services" commissioner.
See Sec. 4b-23 for secretary's responsibilities concerning recommended retrofit measures.
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(P.A. 79-496, S. 4, 5; P.A. 81-376, S. 4, 11; P.A. 87-496, S. 77, 110.)
History: P.A. 81-376 substituted "energy performance standards" for "energy performance goals" and eliminated requirement of annual report by commissioner; P.A. 87-496 substituted "public works" for "administrative services" commissioner.
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(P.A. 79-462, S. 2; P.A. 81-376, S. 8, 11.)
See Sec. 16a-38a(d) for energy efficiency maintenance program.
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(1) "Agency" means an agency, department, board, institution or commission, other
than the State Bond Commission, of the state or any of its political subdivisions or an
agency or instrumentality of a special governmental authority created by the state or
any of its political subdivisions.
(2) "Agency decision" means any decision required to be made, or any other action
required to be taken, by any agency with respect to any energy saving capital project.
(3) "Commissioner" means the Commissioner of Public Works.
(4) "Energy-saving capital project" means any capital project for the purpose of
adopting energy conservation measures in a state building.
(P.A. 80-265, S. 1; P.A. 87-496, S. 78, 110.)
History: P.A. 87-496 substituted "public works" for "administrative services" commissioner in Subdiv. (3).
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(b) In determining whether to make such designation, the commissioner shall consider among other things the extent to which such project would conserve energy, the
time that would normally be required to obtain all necessary agency decisions, the adverse effects of delay in the completion of such project, comments received concerning
such project and the extent to which the project has been assessed in terms of cost
effectiveness and energy efficiency.
(c) On or before February 1, 1992, each commissioner of a state agency, as defined
in section 4-166, shall submit a report to the joint standing committee of the General
Assembly having cognizance of matters relating to energy and public utilities listing
the projects initiated pursuant to subsection (a) of this section.
(P.A. 80-265, S. 2; P.A. 91-248, S. 9, 13.)
History: P.A. 91-248 added a new Subsec. (c) re submittal of a report to energy and public utilities committee on energy
efficiency projects in state buildings.
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(P.A. 80-265, S. 3.)
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(b) Notwithstanding the provisions of any general statutes or special act to the contrary, if the time limit set forth in the decision schedule for an agency decision has
elapsed and such decision has not been made, it shall be deemed to have been made in
favor of the project unless the commissioner waives or grants an extension of such
time limit.
(P.A. 80-265, S. 4.)
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(P.A. 83-58; P.A. 87-496, S. 79, 110.)
History: P.A. 87-496 substituted "public works" for "administrative services" department.
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(P.A. 90-219, S. 2; June 18 Sp. Sess. P.A. 97-11, S. 35, 65.)
History: June 18 Sp. Sess. P.A. 97-11 deleted mandated reductions in energy use in state buildings, inserted Subdiv.
designators, and added requirements that the Commissioner of Public Works, in consultation with Secretary of the Office
of Policy and Management, annually calculate energy use in state buildings, establish thresholds of acceptability for energy
use in state buildings and reduce or assist agencies in reducing energy use, effective July 1, 1997.
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(P.A. 91-248, S. 11, 13; P.A. 93-417, S. 2; P.A. 94-67, S. 2; P.A. 99-152, S. 1.)
History: P.A. 93-417 made no changes; P.A. 94-67 added provision re energy performance standards; P.A. 99-152
deleted provisions describing the required life-cycle cost analysis.
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(1) "Public building" means any building or portion thereof, other than an "exempted building", which is open to the public during normal business hours, including
(A) any building which provides facilities or shelter for public assembly, (B) any inn,
hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant,
or other commercial establishment which provides services or retails merchandise, and
(C) any building owned or leased by the state of Connecticut or any political subdivision
thereof, or by another state or political subdivision thereof and located in Connecticut,
including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings;
(2) "Exempted building" means (A) any building whose peak design rate of energy
usage for all purposes is less than one watt per square foot of floor area for all purposes,
(B) any building with neither a heating nor cooling system and (C) any building owned
or leased in whole or in part by the United States;
(3) "Commissioner" means the Commissioner of Public Works or his designee;
(4) "Secretary" means the Secretary of the Office of Policy and Management or his
designee; and
(5) "Eligible building" means a building owned by a municipality, located within
the state and not used for public education purposes.
(b) The commissioner, after consultation with the secretary and with such advisory
board as said secretary may appoint, shall adopt, in accordance with chapter 54, regulations establishing lighting standards for all public buildings. The members of any such
advisory board shall receive neither compensation nor expenses for the performance of
their duties.
(c) The lighting standards adopted pursuant to subsection (b) of this section shall
provide for the maximum feasible energy efficiency of lighting equipment commensurate with other factors relevant to lighting levels and equipment, including, but not
limited to, the purposes of the lighting, reasonable economic considerations in terms
both of initial capital costs and of operating costs including nonenergy operating costs,
reasonable budgetary considerations in terms of the feasibility of implementing changes
which require a significant capital expenditure in a given time period, any constraints
imposed on lighting equipment by the nature of the activities being carried out in the
facility involved, considerations involving historic preservation or unusual architectural
features, the amount of remaining useful lifetime which a particular structure would be
expected to enjoy and the size of the building or portion of the building involved.
(d) The commissioner shall, upon the adoption of the regulations required by subsection (b) of this section, make random inspections of public buildings to monitor
compliance with the standards established by such regulations. The commissioner may
also inspect any public buildings against which complaints alleging violation of such
standards have been received. The operator of a public building or portion thereof shall
provide access to such inspectors at any reasonable time, including all times during
which the facility is open to the public. If an inspector is denied access to a public
building for the purposes of making an inspection in accordance with the provisions of
this section, the commissioner may apply to the superior court for the judicial district
wherein such building is located for injunctive or other equitable relief. If upon inspection it is determined that the lighting levels in a public building do not conform to such
standards, the inspector shall make available to the owner or operator of such building,
information regarding such standards and the economic and energy savings expected
to result from compliance therewith. The owner or operator of a public building may,
after having taken appropriate measures to render such building in compliance with
such standards request a reinspection of such building by the commissioner. The commissioner may, upon such request or at his own discretion, conduct such reinspection
and determine whether or not such building has been brought into compliance with such
standards.
(e) The commissioner shall maintain a listing of all public buildings found to be in
compliance with the lighting standards adopted pursuant to subsection (c) of this section.
(f) The secretary may award lighting grants to municipalities for the purpose of
improving the energy efficiency of lighting equipment in eligible buildings. All lighting
grants shall be awarded based on an application, submitted by a municipality, which
sets forth the lighting conservation measures to be implemented. Such measures shall
meet the standards established pursuant to subsection (b) of this section and be consistent
with the state energy policy, as set forth in section 16a-35k. When evaluating the applications submitted pursuant to this section and determining the amount of a lighting grant,
the secretary shall consider the energy savings and the payback period for the measures
to be implemented and any other information which the secretary deems relevant. The
funds for lighting grants shall be provided from proceeds of bonds issued for such purpose. The amount of each grant shall be not less than five thousand dollars but not more
than fifty thousand dollars, provided the secretary may award grants of less than five
thousand dollars or more than fifty thousand dollars if the secretary finds good cause
to do so. All public service company incentive payments contributed to any energy
conservation project at an eligible building shall be applied to pay the principal cost of
that project.
(P.A. 78-269, S. 1−6; P.A. 87-496, S. 80, 110; P.A. 88-220, S. 5, 11; P.A. 93-378, S. 3, 4.)
History: P.A. 87-496 substituted public works commissioner for administrative services commissioner in Subsec. (a);
P.A. 88-220 deleted obsolete provisions re 1979 reporting requirement in Subsec. (e); P.A. 93-378 amended Subsec. (a)
by adding new Subdiv. (5) defining "eligible building" and added new Subsec. (f) regarding lighting grants to municipalities,
effective July 1, 1993.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 84-220, S. 2, 3; P.A. 85-325, S. 2, 5; P.A. 87-496, S. 81, 110.)
History: P.A. 85-325 changed statutory reference to task force from "section 1 of public act 84-220" to "section 16a-
39b". (Revisor's note: When this section was first codified for the 1985 revision, the internal reference to section 1 of
public act 84-220 could not be codified since it was a section establishing a task force on the development of incentives
for conserving energy in state buildings, and such special sections are traditionally not codified into the general statutes
but remain in full force and effect according to their terms); P.A. 87-496 substituted "public works" for "administrative
services" commissioner.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The task force shall review state statutes, regulations, standards, policies and
practices, analyze alternatives and formulate recommendations with regard to:
(1) The operation and maintenance of energy systems in state buildings;
(2) The staffing levels of, and training for, personnel responsible for the operation
of such energy systems;
(3) The development and assessment of the need for incentives, including but not
limited to, shared energy costs savings, to encourage agencies and agency personnel to
conserve energy;
(4) Options for conventional and innovative financing for energy conservation measures in state buildings;
(5) Identification of obstacles to the development of an energy conservation program for state buildings or to the implementation of the pilot program conducted under
section 16a-39a, including but not limited to, any state procedures which affect the
ability of an agency to engage in energy management or shared energy costs savings
agreements; and
(6) The purchasing and leasing of energy-efficient buildings by the state.
(c) Within available appropriations, (1) the secretary may hire consultants to provide technical assistance to the task force and (2) the Department of Public Works shall,
upon request of the secretary, provide technical assistance to the task force in analyzing
capital projects.
(d) The task force shall, not later than January fifteenth, annually, submit to the
General Assembly a report on its findings and recommendations and the progress
achieved in implementing the pilot energy management program conducted under said
section 16a-39a. On and after October 1, 1996, the report shall be submitted to the joint
standing committee of the General Assembly having cognizance of matters relating to
energy and, upon request, to any member of the General Assembly. A summary of the
report shall be submitted to each member of the General Assembly if the summary is
two pages or less and a notification of the report shall be submitted to each member if
the summary is more than two pages. Submission shall be by mailing the report, summary
or notification to the legislative address of each member of the committee or the General
Assembly, as applicable.
(P.A. 85-325, S. 1, 5; P.A. 87-496, S. 82, 110; P.A. 96-251, S. 7.)
History: P.A. 87-496 substituted "public works" for "administrative services" commissioner and department; P.A. 96-
251 amended Subsec. (d) by requiring that on and after October 1, 1996, reports be submitted to the legislative committee
on energy and upon request to legislators and by adding provisions re submission of summaries.
(Return to TOC) (Return to Chapters) (Return to Titles)
(a) "Commissioner" means the Commissioner of Economic and Community Development;
(b) "Alternative energy device" means a wood-burning stove for space heating and
any system or mechanism which uses wood, solar radiation, wind, water or geothermal
resources as a source for space heating, water heating, cooling or generation of electrical
energy. Such alternative energy device may be a new source or system, a replacement
of an existing source or system or a supplement to an existing source or system; and
(c) "Residential structure" means any building in which at least two-thirds of the
usable square footage is used for dwelling purposes.
(P.A. 79-509, S. 1, 5; Oct. Sp. Sess. P.A. 79-10, S. 1, 4; P.A. 82-369, S. 5, 28; P.A. 83-427, S. 1; P.A. 95-250, S. 1;
P.A. 96-211, S. 1, 5, 6.)
History: Oct. Sp. Sess. P.A. 79-10 replaced commissioner of economic development with commissioner of housing
and redefined "alternative energy device" to include devices using wood and to clarify fact that device may be new,
replacement or supplemental source or system; P.A. 82-369 eliminated definition of "residential dwelling", relettered
former Subdiv. (c) as Subdiv. (b) and made technical corrections; P.A. 83-427 added Subdiv. (c), defining "residential
structure"; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 79-509, S. 2, 5; P.A. 82-369, S. 6, 28; P.A. 85-601, S. 1, 8; P.A. 92-166, S. 28, 31.)
History: P.A. 82-369 required fund to also be used for purpose of guaranteeing loans authorized under Sec. 16a-40b;
P.A. 85-601 allowed, instead of required, fund to be used for expenses incurred in implementation of program under Sec.
16a-40b and allowed fund to be used in servicing of loans made under Sec. 16a-40k; P.A. 92-166 authorized deferred loans
as a form of financial assistance available under the section.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Except as provided under subsection (c) of this section, any such loan or deferred
loan shall be available only for a residential structure containing not more than four
dwelling units, shall be not less than four hundred dollars and not more than six thousand
dollars per structure and, with respect to any application received on or after November
29, 1979, shall be made only to an applicant who submits evidence, satisfactory to the
commissioner, that the adjusted gross income of the household member or members
who contribute to the support of his household was not in excess of one hundred fifty
per cent of the median area income by household size. In the case of a deferred loan, the
contract shall require that payments on interest are due immediately but that payments on
principal may be made at a later time. Repayment of all loans made under this subsection
shall be subject to a rate of interest to be determined in accordance with subsection (t)
of section 3-20 and such terms and conditions as the commissioner may establish. The
State Bond Commission shall establish a range of rates of interest payable on all loans
under this subsection and shall apply the range to applicants in accordance with a formula
which reflects their income. Such range shall be not less than zero per cent for any
applicant in the lowest income class and not more than one per cent above the rate of
interest borne by the general obligation bonds of the state last issued prior to the most
recent date such range was established for any applicant for whom the adjusted gross
income of the household member or members who contribute to the support of his
household was at least one hundred fifteen per cent of the median area income by household size.
(c) The commissioner shall establish a program under which he shall make funds
deposited in the Energy Conservation Loan Fund available for low-cost loans or deferred
loans under subsection (a) of this section for residential structures containing more than
four dwelling units, or for contracts guaranteeing payment of loans or deferred loans
provided by private institutions for such structures for the purposes specified under
subsection (a) of this section. Any such loan or deferred loan shall be an amount equaling
not more than one thousand dollars multiplied by the number of dwelling units in such
structure, provided no such loan or deferred loan shall exceed thirty thousand dollars.
If the applicant seeks a loan or deferred loan for a structure containing more than thirty
dwelling units, he shall include in his application a commitment to make comparable
energy improvements of benefit to all dwelling units in the structure in addition to the
thirty units which are eligible for the loan or deferred loan. Applications for contracts
of guarantee shall be limited to structures containing not more than thirty dwelling units
and the amount of the guarantee shall be not more than fifteen hundred dollars for each
dwelling unit benefiting from the loan or deferred loan. There shall not be an income
eligibility limitation for applicants for such loans, deferred loans or guarantees, but the
commissioner shall give preference to applications for loans, deferred loans or guarantees for such structures which are occupied by persons of low or moderate income.
Repayment of such loans or deferred loans shall be subject to such rates of interest,
terms and conditions as the commissioner shall establish. The state shall have a lien on
each property for which a loan, deferred loan or guarantee has been made under this
section to ensure compliance with such terms and conditions.
(d) With respect to such loans made on or after July 1, 1981, all repayments of
principal shall be paid to the State Treasurer for deposit in the Housing Repayment and
Revolving Loan Fund. The interest applicable to any such loans made shall be paid to
the State Treasurer for deposit in the General Fund. After the close of each fiscal year,
commencing with the close of the fiscal year ending June 30, 1992, and prior to the date
of the calculation required under subsection (f) of this section and subsection (f) of
section 32-317, the Commissioner of Economic and Community Development shall
cause any balance of loan repayments under this section remaining in said fund to be
transferred to the energy conservation revolving loan account created pursuant to section
32-316.
(e) The commissioner shall adopt regulations in accordance with chapter 54, (1)
concerning qualifications for such loans or deferred loans, requirements and limitations
as to adjustments of terms and conditions of repayment and any additional requirements
deemed necessary to carry out the provisions of this section and to assure that those tax-
exempt bonds and notes used to fund such loans or deferred loans qualify for exemption
from federal income taxation, (2) providing for the maximum feasible availability of
such loans or deferred loans for dwelling units owned or occupied by persons of low
and moderate income, (3) establishing procedures to inform such persons of the availability of such loans or deferred loans and to encourage and assist them to apply for
such loans or deferred loans and (4) providing that (A) the interest payments received
from the recipients of loans or deferred loans made on and after July 1, 1982, less the
expenses incurred by the commissioner in the implementation of the program of loans,
deferred loans and loan guarantees under this section, and (B) the payments received
from electric and gas companies under subsection (f) of this section shall be applied to
reimburse the General Fund for interest on the outstanding bonds and notes used to fund
such loans or deferred loans made on or after July 1, 1982.
(f) Not later than August first, annually, the commissioner shall calculate the difference between (1) the weighted average of the percentage rates of interest payable on all
subsidized loans made (A) after July 1, 1982, from the Energy Conservation Loan Fund,
(B) from the Home Heating System Loan Fund established under section 16a-40k and
(C) from the Housing Repayment and Revolving Loan Fund pursuant to this section
and (2) the average of the percentage rates of interest on any bonds and notes issued
pursuant to section 3-20, which have been dedicated to the energy conservation loan
program and used to fund such loans, and multiply such difference by the outstanding
amount of all such loans, or such lesser amount as may be required under Section 103(c)
of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue
code of the United States, as from time to time amended. The product of such difference
and such applicable amount shall not exceed six per cent of the sum of the outstanding
principal amount at the end of each fiscal year of all loans or deferred loans made (A)
on or after July 1, 1982, from the Energy Conservation Loan Fund, (B) from the Home
Heating System Loan Fund established under section 16a-40k, and (C) from the Housing
Repayment and Revolving Loan Fund pursuant to this section, and the balance remaining
in the Energy Conservation Loan Fund and the balance of energy conservation loan
repayments in the Housing Repayment and Revolving Loan Fund. Not later than September first, annually, the Department of Public Utility Control shall allocate such product among each electric and gas company having at least seventy-five thousand customers, in accordance with a formula taking into account, without limitation, the average
number of residential customers of each company. Not later than October first, annually,
each such company shall pay its assessed amount to the commissioner. The commissioner shall pay to the State Treasurer for deposit in the General Fund all such payments
from electric and gas companies, and shall adopt procedures to assure that such payments
are not used for purposes other than those specifically provided in this section. The
department shall include each company's payment as an operating expense of the company for the purposes of rate-making under section 16-19.
(g) The Commissioner of Economic and Community Development shall, not later
than the seventh of January annually, submit a report to the General Assembly on the
programs established under this section. Such report shall: (1) Indicate the number of
loans or deferred loans made during the preceding fiscal year under each component of
each such program and the total amount of the loans or deferred loans made during such
fiscal year under each such component, (2) describe each step of the loan or deferred
loan application and review process, (3) indicate the location of each loan or deferred
loan application intake site for such programs, (4) indicate the average period for the
processing of loan or deferred loan applications during such fiscal year and (5) indicate
the total administrative expenses of such programs for such fiscal year.
(P.A. 79-509, S. 3, 5; Oct. Sp. Sess. P.A. 79-10, S. 2, 4; P.A. 81-306, S. 1, 4; P.A. 82-369, S. 7, 28; P.A. 83-427, S. 2;
P.A. 85-601, S. 2−4, 8; P.A. 86-189, S. 1, 2; P.A. 87-416, S. 12, 24; 87-578, S. 1−4, 6; P.A. 88-220, S. 6, 11; P.A. 89-211,
S. 28; 89-312, S. 1, 2; P.A. 90-238, S. 26, 27, 32; P.A. 92-166, S. 29, 31; 92-208, S. 1, 6; May Sp. Sess. P.A. 92-7, S. 31,
36; P.A. 93-435, S. 4, 95; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: Oct. Sp. Sess. P.A. 79-10 placed income ceiling of thirty thousand dollar average for loan applicants as of
November 29, 1979; P.A. 81-306 divided section into two subsections and in Subsec. (a) added provisions making loan
fund revolving and in Subsec. (b) raised maximum income eligibility for loans from thirty to thirty-three thousand dollars
per year; P.A. 82-369 relettered and added subsections, made technical changes in Subsec. (a), increased from thirty-three
thousand to forty-five thousand dollars the eligibility limit for loans for residential structures containing not more than
four dwelling units and added provisions re range of interest rates for such loans in Subsec. (b), added Subsec. (c) providing
for pilot program for loans and loan guarantees for residential structures containing more than four dwelling units, clarified
loan repayment provisions in Subsec. (d), required in Subsec. (e) that regulations be adopted re qualification of bonds and
notes used for loans for exemption from federal income taxation, availability of loans for persons of low and moderate
income, and reimbursement of general fund for interest on outstanding bonds and notes used to fund loans made on or
after July 1, 1982, added Subsec. (f) re payments by electric and gas companies, and added Subsec. (g) re report to general
assembly on pilot program; P.A. 83-427 amended Subsec. (b) to vary loan limits in accordance with size of structure and
amended Subsec. (c) to require that not less than ten per cent nor more than twenty-five per cent of funds deposited in loan
fund be made available for pilot program, instead of ten per cent, and to increase the limit on loans under pilot program
from seven hundred to one thousand dollars per unit; P.A. 85-601 amended Subsec. (a), authorizing loans to be made for
purchase and installation of replacement furnaces and boilers, limiting amount of funds to be allocated for such loans
during fiscal year ending June 30, 1986, and authorizing loans to be made to persons residing in certain electrically heated
dwellings for purchase of nonelectric secondary systems or conversion to nonelectric systems, amended Subsec. (c),
increasing from ten to thirty the number of dwelling units in a structure eligible for loans and loan guarantees and limiting
the amount of funds to be allocated for such loans during fiscal year ending June 30, 1986, amended Subsec. (e) re regulations
re application of interest payments to program implementation expenses and to reimbursement of general fund and amended
Subsec. (f), clarifying calculation of electric and gas company assessment; P.A. 86-189 amended Subsec. (a) to repeal
limit on allocation for loans for replacement furnaces and boilers, amended Subsec. (c) to repeal provision basing loan
amount on number of dwelling units benefiting from loan and replacing with thirty thousand dollar loan limit and to repeal
limit on allocation for loans and contracts guaranteeing loans in amounts greater than ten thousand dollars and amended
Subsec. (g) to require new report to general assembly; P.A. 87-416 amended Subsec. (b) to provide that the interest rates
on loans would be determined by the state bond commission in accordance with Subsec. (t) of Sec. 3-20; P.A. 87-578
increased the limit for loans for residential structures containing not more than four dwelling units to six thousand dollars
and made technical changes re income requirements in Subsec. (b), eliminated fiscal year 1986-1987 allocation requirement
and added lien provision in Subsec. (c), and made technical changes in Subsecs. (c) and (f); P.A. 88-220 deleted provision
for repayment, before 1981, of principal and interest on loans in Subsec. (d) and made the reporting requirement in Subsec.
(g) annual; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; P.A. 89-312 amended Subsec. (f) (2) to
refer to bonds dedicated to energy conservation loan program rather than to bonds issued pursuant to Secs. 16a-40c and
16a-40k; P.A. 90-238 revised provisions re administrative expenses, state service fees and allocation of moneys in various
housing funds in Subsecs. (d) and (f); P.A. 92-166 amended Subsec. (b) to provide that, in the case of a deferred loan,
payments on principal are due immediately but that payments on interest may be made at a later time and to amend Subsecs.
(a) and (c) to (g), inclusive, to make technical changes consistent with 1992 public acts; P.A. 92-208 amended Subsec. (a)
by adding provision re loans for which funds have been authorized by the state bond commission prior to July 1, 1992,
and amended Subsec. (d) to require the annual transfer of any balance in the fund after July 1, 1992, to the energy conservation
revolving loan account created pursuant to Sec. 32-317; May Sp. Sess. P.A. 92-7 amended Subsec. (d) to provide that
payments shall be prior to the calculations required under Subsec. (f) of this section and Subsec. (f) of Sec. 32-317; P.A.
93-435 added references to "deferred loans", in Subsec. (e), effective June 28, 1993; P.A. 95-250 and P.A. 96-211 replaced
Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
See Sec. 32-316 re energy conservation revolving loan account.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 79-509, S. 4, 5; Oct. Sp. Sess. P.A. 79-10, S. 3, 4; P.A. 80-453, S. 1, 2; P.A. 81-306, S. 2, 4; P.A. 82-369, S. 8,
28; P.A. 85-558, S. 11, 17; 85-601, S. 5, 8; P.A. 87-405, S. 15, 26; P.A. 89-331, S. 16, 30; P.A. 92-166, S. 30, 31.)
History: Oct. Sp. Sess. P.A. 79-10 increased bond limit from three to six million dollars and imposed three-year deadline
on authorization, dating from November 26, 1979; P.A. 80-453 increased bond limit to eight million dollars; P.A. 81-306
increased bond authorization for fund from eight to thirteen million dollars and changed authorization deadline from "three
years after November 29, 1979" to "June 30, 1986"; P.A. 82-369 increased bond authorization from thirteen million to
seventeen million dollars and provided that bond proceeds also be used for guaranteeing loans; P.A. 85-558 removed June
30, 1986 deadline for issuance of bonds under this section; P.A. 85-601 increased bond authorization from seventeen
million dollars to seventeen million seven hundred thousand dollars; P.A. 87-405 increased the bond authorization from
seventeen million seven hundred thousand dollars to eighteen million seven hundred thousand dollars; P.A. 89-331 increased the bond authorization from eighteen million seven hundred thousand dollars to twenty-three million seven hundred
thousand dollars; P.A. 92-166 amended section by adding reference to deferred loans, consistent with 1992 public acts.
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 83-427, S. 3.)
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(b) The proceeds of the sale of said bonds, to the extent of the amount stated in
subsection (a), shall be deposited in the Energy Conservation Loan Fund established
under section 16a-40a for the purposes of making and guaranteeing loans as provided
in section 16a-40b.
(c) All provisions of section 3-20, or the exercise of any right or power granted
thereby which are not inconsistent with the provisions of this section and section 16a-40b
are hereby adopted and shall apply to all bonds authorized by the State Bond Commission
pursuant to this section and section 16a-40b, and temporary notes in anticipation of the
money to be derived from the sale of any such bonds so authorized may be issued in
accordance with said section 3-20 and from time to time renewed. Such bonds shall
mature at such time or times not exceeding twenty years from their respective dates
as may be provided in or pursuant to the resolution or resolutions of the State Bond
Commission authorizing such bonds. None of said bonds shall be authorized except
upon a finding by the State Bond Commission that there has been filed with it a request
for such authorization, which is signed by or on behalf of the Commissioner of Economic
and Community Development and states such terms and conditions as said commission,
in its discretion, may require. Said bonds issued pursuant to this section and section
16a-40b shall be general obligations of the state and the full faith and credit of the state
of Connecticut are pledged for the payment of the principal of and interest on said bonds
as the same become due, and accordingly and as part of the contract of the state with
the holders of said bonds, appropriation of all amounts necessary for punctual payment
of such principal and interest is hereby made, and the Treasurer shall pay such principal
and interest as the same become due.
(d) All proceeds from the repayments of interest and principal on any loan authorized under this section and section 16a-40b or 16a-40k, after payment therefrom of any
loan correspondent's service fees properly chargeable thereto, shall be paid to the State
Treasurer for deposit in the fund established under section 16a-40a, except as provided
in section 16a-40b.
(P.A. 83-549, S. 1, 4; 83-587, S. 89, 96; P.A. 85-601, S. 6, 8; P.A. 90-238, S. 28, 32; P.A. 95-250, S. 1; P.A. 96-211,
S. 1, 5, 6.)
History: P.A. 83-587 made a technical correction in Subsec. (d), specifying that proceeds from loan repayments be
paid to the home heating system loan fund under Sec. 16a-40k; P.A. 85-601 decreased bond authorization from two million
nine hundred eighty thousand dollars to five hundred thousand dollars and required proceeds to be deposited in energy
conservation loan fund for purposes provided in Sec. 16a-40b, instead of for purpose provided under Sec. 16a-40k; P.A.
90-238 amended Subsec. (d) to add exception re Sec. 16a-40b; P.A. 95-250 and P.A. 96-211 replaced Commissioner and
Department of Housing with Commissioner and Department of Economic and Community Development.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any loan under subdivision (1) of subsection (a) of this section shall be not more
than two thousand dollars and any loan under subdivision (2) of said subsection shall
be not more than four thousand dollars. Any loan under said subsection shall be made
only to an applicant who submits evidence, satisfactory to the commissioner, that the
adjusted gross income of the household member or members who contribute to the
support of his household was not in excess of forty-five thousand dollars as an average
amount per year in the last two reported filings of income by such household member
or members. Repayment of all loans made under this section shall be subject to such
rate of interest, terms and conditions as the commissioner may establish, provided the
commissioner, in consultation with the Department of Public Utility Control, shall, not
later than July first and January first, annually, establish a range of rates of interest
payable on all loans to be made during the succeeding six months and shall apply the
range to applicants in accordance with a formula which reflects their income. Such range
shall be not less than zero per cent for any applicant in the lowest income class and not
more than one per cent above the rate of interest borne by the general obligation bonds
of the state last issued prior to the most recent date such range was established for any
applicant for whom the adjusted gross income of the household member or members
who contribute to support of his household was at least thirty-three thousand dollars as
an average amount per year in the last two reported filings of income by such household
member or members.
(c) Not later than August 1, 1984, the commissioner shall calculate an amount equal
to the difference between the rate of interest payable on all loans made on and after July
1, 1983, and the rate of interest on any outstanding bonds and notes used to fund such
loans, multiplied by the outstanding amount of all such loans, or such lesser amount as
may be required under Section 103(c) of the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of the United States, as from time to
time amended. Such amount shall not exceed six per cent of the sum of the outstanding
principal amount at the end of each fiscal year of all loans made on or after July 1, 1983,
from the Home Heating System Loan Fund and the amount remaining in such fund. Not
later than September 1, 1984, the Department of Public Utility Control shall allocate
such amount among each electric company, as defined in section 16-1, having at least
seventy-five thousand customers in accordance with a formula taking into account,
without limitation, the average number of residential customers of each company. Not
later than October 1, 1984, each such company shall pay its assessed amount to the
commissioner. The commissioner shall pay to the State Treasurer for deposit in the
General Fund all such payments from electric companies, and shall adopt procedures
to assure that such payments are not used for purposes other than those specifically
provided in this section. The department shall include each company's payment as an
operating expense of the company for the purposes of rate-making under section 16-19.
(d) The commissioner shall adopt regulations in accordance with the provisions of
chapter 54, (1) concerning qualifications for such loans, requirements and limitations
as to adjustments of terms and conditions of repayment and any additional requirements
deemed necessary to carry out the provisions of this section and to assure that any bonds
and notes used to fund such loans qualify for exemption from federal income taxation,
(2) providing for the maximum feasible availability of such loans for dwelling units
owned or occupied by persons of low and moderate income and (3) establishing procedures to inform such persons of the availability of such loans and to encourage and assist
them to apply for such loans.
(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, on and after July 1, 1985, no loans shall be authorized under said subsections and,
not later than July 15, 1985, the State Treasurer shall terminate the Home Heating System
Loan Fund and transfer the proceeds of such fund to the Energy Conservation Loan
Fund established under section 16a-40a.
(P.A. 83-549, S. 2, 4; 83-587, S. 90, 96; P.A. 85-601, S. 7, 8; P.A. 89-211, S. 29; P.A. 95-250, S. 1; P.A. 96-211, S. 1,
5, 6.)
History: P.A. 83-587 made a technical correction for purposes of consistency, deleting a provision in Subsec. (b)
requiring repayment of loans to be deposited in general fund; P.A. 85-601 added Subsec. (e), terminating the program and
loan fund; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; P.A. 95-250 and P.A. 96-211 replaced
Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any state agency which administers or funds an energy assistance program, an
energy conservation loan, grant, audit, or service program or a renewable resources
loan, grant or service program shall adopt regulations in accordance with chapter 54 for
such program in order to protect the due process rights of the applicants. The regulations
shall include, but not be limited to, the following, where applicable: (1) Procedures
for applications and their disposition, including record-keeping; (2) procedures for the
immediate provision of appropriate assistance to eligible applicants who are without or
in imminent danger of being without heat, hot water or utilities; (3) standards of assistance, including eligibility and benefits; (4) procedures for assisting elderly, handicapped, bilingual and other persons who are unable to file such applications without
assistance; (5) procedures for assisting applicants in obtaining other forms of assistance;
(6) procedures for written notice to applicants of the disposition of their applications
and the basis for each full or partial denial of assistance; and (7) administrative appeal
procedures, including notice to applicants of the availability of such procedures.
(c) The regulations adopted under subsection (a) or (b) of this section shall not
require an applicant for assistance to be without fuel or utility service before an agency
may accept his application or as a condition of eligibility.
(d) The Department of Public Utility Control shall assure: (1) That any energy assistance program, energy conservation loan, grant, audit or service program or renewable
resources loan, grant or service program concerning residential dwellings, funded or
administered by a public service company or municipal utility, shall include provisions
to address the needs of persons residing in rental housing and persons of poverty status;
and (2) that the audit report on any audit conducted on a dwelling occupied by persons
of poverty status, under a conservation audit program funded or administered by a public
service company or municipal utility, include a section which excerpts from the audit
report the results of those audit procedures required under weatherization or conservation programs available to such persons.
(e) As used in this section, "applicant" means a natural person or a household seeking assistance under any program referred to in this section.
(Oct. Sp. Sess. P.A. 79-6, S. 1, 2; P.A. 80-482, S. 4, 40, 345, 348; P.A. 81-422, S. 1, 2; Nov. Sp. Sess. P.A. 81-9, S. 3,
4; P.A. 86-142; P.A. 88-21, S. 2, 3; P.A. 93-113, S. 1, 3; 93-262, S. 11, 87; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 80-482 made division of public utility control an independent department and deleted reference to abolished department of business regulation; P.A. 81-422 replaced Subsec. (a) and inserted new Subsecs. (b) to (e) and (h),
providing for coordination of energy assistance programs and application procedure for such programs, relettered former
Subsec. (b) as (f), giving office of policy and management primary responsibility for report where responsibility was
previously equally shared, and adding department of housing to list of consulting agencies, and relettered former Subsec.
(c) as (g), adding department of housing to agencies whose regulations are reviewed by office of policy and management;
Nov. Sp. Sess. P.A. 81-9 deleted requirement for submission of preliminary report by February fifteenth each year and
changed date for submission of remaining annual report (formerly "final" report) from November fifteenth to fifteenth
business day of July in Subsec. (f); P.A. 86-142 replaced provisions in Subsec. (a) re referrals with provisions re written
summaries, extended provisions of Subsecs. (a), (b) and (d) to renewable resource programs, repealed existing Subsec.
(e), re deadlines for adoption of regulations, relettered remaining Subsecs. accordingly, and added Subdiv. (6), re progress
report, to Subsec. (e); P.A. 88-21 amended Subsec. (e) changing the date of the report's submission from July first to
November first and deleting Subdivs. (4) and (5) which recommended actions by other agencies concerning ways to protect
persons of poverty status from loss of electricity, deleted Subsec. (f) requiring the office of policy and management to
review regulations of other agencies concerning energy and utility assistance and weatherization programs and relettered
former Subsec. (g) accordingly; P.A. 93-113 amended Subsec. (a) by making grammatical and punctuation changes, deleted
Subsec. (e) re annual report and relettered former Subsec. (f) as (e), effective June 3, 1993; P.A. 93-262 replaced office
of policy and management with department of social services and deleted references to advisory role of human services
and income maintenance departments in Subsecs. (a) and (e) and made technical changes, effective July 1, 1993; P.A. 95-
250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic
and Community Development.
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(1) Not later than August first, annually, a Connecticut energy assistance program
annual plan which establishes guidelines for the use of funds authorized under the Low-
Income Home Energy Assistance Act of 1981, as amended, and includes the following:
(A) Criteria for determining which households are to receive emergency and weatherization assistance;
(B) A description of systems used to ensure referrals to other energy assistance
programs and the taking of simultaneous applications, as required under section 16a-41;
(C) A description of outreach efforts; and
(D) Estimates of the total number of households eligible for assistance under the
program and the number of households in which one or more elderly or physically
disabled individuals eligible for assistance reside;
(2) Not later than January thirtieth, annually, a report covering the preceding months
of the program year, including:
(A) In each community action agency geographic area and Department of Social
Services region, the number of fuel assistance applications filed, approved and denied,
the number of emergency assistance requests made, approved and denied and the number
of households provided weatherization assistance;
(B) In each such area and district, the total amount of fuel, emergency and weatherization assistance, itemized by such type of assistance, and total expenditures to date; and
(C) For each state-wide office of each state agency administering the program, each
community action agency and each Department of Social Services region, administrative expenses under the program, by line item, and an estimate of outreach expenditures; and
(3) Not later than November first, annually, a report covering the preceding twelve
calendar months, including:
(A) In each community action agency geographic area and Department of Social
Services region, (i) seasonal totals for the categories of data submitted under subdivision
(1) of this subsection, (ii) the number of households receiving fuel assistance in which
elderly or physically disabled individuals reside, and (iii) the average combined benefit
level of fuel, emergency and renter assistance;
(B) Types of weatherization assistance provided;
(C) Percentage of weatherization assistance provided to tenants;
(D) The number of homeowners and tenants whose heat or total energy costs are
not included in their rent receiving fuel and emergency assistance under the program
by benefit level;
(E) The number of homeowners and tenants whose heat is included in their rent
and who are receiving assistance, by benefit level; and
(F) The number of households receiving assistance, by energy type and total expenditures for each energy type.
(b) The Commissioner of Social Services shall implement a program to purchase
number two home heating oil at a reduced rate for low-income households participating
in the Connecticut energy assistance program and the state-appropriated fuel assistance
program. Each agency administering a fuel assistance program shall submit reports, as
requested by the commissioner, concerning pricing information from vendors of number
two home heating oil participating in the program. Such information shall include, but
not be limited to, a vendor's regular retail price per gallon of number two home heating
oil, the reduced price per gallon paid by the state for the heating oil, the number of
gallons delivered to the state under the program and the total savings under the program
due to the purchase of number two home heating oil at a reduced rate.
(Nov. Sp. Sess. P.A. 81-9, S. 1, 4; P.A. 91-234, S. 1, 3; P.A. 93-113, S. 2, 3; P.A. 93-262, S. 12, 87.)
History: P.A. 91-234 deleted obsolete language re first report after January 27, 1982, required in Subdiv. (1) of Subsec.
(a) and added a new Subsec. (e) requiring the secretary to implement a program to purchase number two home heating oil
at a reduced rate for the Connecticut energy assistance program and the state-appropriated fuel assistance program; P.A.
93-113 amended Subsec. (a) by adding the appropriations committee, amending Subdiv. (1) by substituting annual plan
for two initial reports, deleting Subpara. (B) regarding emergency request system, relettering Subparas. (C) to (E), and
relettered Subpara. (D) deleting provision requiring that estimates be made by geographic area and income maintenance
district, amending Subdiv. (2) by substituting an annual report for six monthly reports, and in Subpara. (B) adding total
expenditures to date, amending Subdiv. (3) by changing September first to November first, in Subpara. (A) changing data
submitted under Subdiv. (2) to data submitted under Subdiv. (1), deleting provisions regarding number of appeals, assistance
for households receiving weatherization assistance and processing time averages, and adding benefit level of renter assistance, deleting Subparas. (D) and (E) regarding percentage of fuel assistance provided to tenants with heat not included in
rent and recipients of 100 per cent of eligible assistance, relettering Subpara. (F) as (D) and changing categories of amount
of assistance received to "by benefit level", adding new Subparas. (E), regarding the number of recipients with heat included
in rent, and (F), regarding number of recipient households, deleted Subsecs. (c) and (d) regarding Low-Income Home
Energy Assistance reports and costs of carrying out the provisions of section, and relettered Subsec. (e) as (c), effective
June 3, 1993; P.A. 93-262 replaced secretary of the office of policy and management with commissioner of social services,
replaced references to income maintenance districts with references to social services regions, deleted Subsec. (b) requiring
human resources and income maintenance departments to submit information requested by the secretary for inclusion in
his reports, relettering remaining Subsecs. as necessary, effective July 1, 1993.
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(b) If Operation Fuel, Inc. ceases to exist, such electric and gas companies shall
jointly establish a nonprofit, tax-exempt corporation for the purpose of holding in trust
and distributing such customer donations. The board of directors of such corporation
shall consist of eleven members appointed as follows: Four by the companies, each of
which shall appoint one member; one by the president pro tempore of the Senate; one
by the minority leader of the Senate; one by the speaker of the House of Representatives;
one by the minority leader of the House of Representatives; and three by the Governor.
The board shall distribute such funds to nonprofit organizations and social service agencies which provide emergency energy or fuel assistance. The board shall target available
funding on a priority basis to low-income elderly and working poor households which
are not eligible for public assistance or general assistance but who are faced with a
financial crisis and are unable to make timely payments on winter fuel, electricity or
gas bills.
(c) Not later than the first of September annually, Operation Fuel, Inc. shall submit
to the General Assembly a report on the implementation of this section. Such report
shall include, (1) a summary of the effectiveness of the program, (2) the total amount
of the donations received by electric and gas companies and transmitted to Operation
Fuel, Inc. under subsection (b) of this section, and (3) an accounting of the distribution
of such funds by Operation Fuel, Inc. indicating the organizations and agencies receiving
funds, the amounts received and distributed by each such organization and agency and
the number of households each assisted. On and after October 1, 1996, the report shall
be submitted to the joint standing committee of the General Assembly having cognizance
of matters relating to energy and, upon request, to any member of the General Assembly.
A summary of the report shall be submitted to each member of the General Assembly
if the summary is two pages or less and a notification of the report shall be submitted
to each member if the summary is more than two pages. Submission shall be by mailing
the report, summary or notification to the legislative address of each member of the
committee or the General Assembly, as applicable.
(P.A. 83-505, S. 2, 3; P.A. 88-220, S. 7, 11; P.A. 89-291, S. 6; P.A. 96-251, S. 8; June 18 Sp. Sess. P.A. 97-2, S. 17, 165.)
History: P.A. 88-220 amended Subsec. (c) to make the reporting requirement annual; P.A. 89-291 in Subsecs. (a) and
(d) changed name of corporation and in Subsecs. (a) and (b) made technical changes in definition of those eligible for
assistance; P.A. 96-251 amended Subsec. (d) by requiring that on and after October 1, 1996, reports be submitted to the
legislative committee on energy and upon request to legislators and by adding provisions re submission of summaries;
June 18 Sp. Sess. P.A. 97-2 made technical changes, effective July 1, 1997.
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(Oct. Sp. Sess. P.A. 79-13, S. 1−9; P.A. 80-388, S. 1−7; P.A. 81-306, S. 3, 4; P.A. 85-404, S. 1, 2; P.A. 88-220, S. 8, 11.)
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