AN ACT CREATING A STATE DEPARTMENT OF ENERGY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2007) (a) There is established a Department of Energy which shall be under the direction and supervision of the Commissioner of Energy who shall be appointed by the Governor, in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes, as amended by this act, with the powers and duties prescribed in said sections.

(b) The Department of Energy shall constitute a successor department with respect to the duties of the Office of Policy and Management as set forth in chapters 295, 296, 298 and 298a of the general statutes regarding energy policy planning in accordance with sections 4-38d and 4-39 of the general statutes.

(c) The Department of Energy shall constitute a successor department to the Department of Public Utility Control in matters relating to natural gas and electric public utility policy and planning.

(d) The functions, powers, duties and personnel of the Division of Energy in the Office of Policy and Management, shall be transferred to the Department of Energy pursuant to the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.

(e) Any order or regulation of the Office of Policy and Management that is in force on July 1, 2006, pursuant to the powers and duties set forth in chapters 295, 296, 298 and 298a of the general statutes regarding energy policy and planning shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law.

Sec. 2. (NEW) (Effective July 1, 2007) (a) The Commissioner of Energy shall: (1) Be designated as the state official to implement and execute any federal program, law, order, rule or regulation related to the allocation, rationing, conservation, distribution or consumption of energy resources; (2) coordinate all state and local government programs for the allocation, rationing, conservation, distribution and consumption of energy resources; (3) cooperate with the appropriate authorities of the United States government, or other state or interstate agencies with respect to allocation, rationing, conservation, distribution and consumption of energy resources; (4) carry out a program of studies, hearings, inquiries, surveys and analyses necessary for state-wide energy policy and planning, provided if an individual or business furnishing commercial or financial information concerning said individual or business requests, in writing, at the time such information is furnished that it be treated as confidential proprietary information, such information, to the extent that it is limited to (A) volume of sales, shipments, receipts and exchanges of energy resources, (B) inventories of energy resources, and (C) local distribution patterns of energy resources, shall be exempt from the provisions of subsection (a) of section 1-210 of the general statutes; (5) shall encourage programs to foster cooperative efforts by and among Connecticut business, industry, utilities, the academic community and government to develop new sources of energy; and (6) undertake such other duties and responsibilities as may be delegated by other state statutes or by the Governor.

(b) The commissioner may: (1) Investigate any complaint concerning the violation of any federal or state statute, rule, regulation or order pertaining to pricing, allocation, rationing, conservation, distribution or consumption of energy resources and shall transmit any evidence gathered by such investigation to the proper federal or state authorities; (2) conduct programs of public education regarding energy conservation; (3) enter into contracts with any person to do all things necessary or convenient to carry out the functions, powers and duties of the Department of Energy; (4) employ, subject to the provisions of chapter 67 of the general statutes, such staff as is required for the proper discharge of duties of the office; (5) adopt regulations in accordance with chapter 54 of the general statutes, to carry out the duties of the Commissioner of Energy and the Department of Energy; and (6) provide technical assistance to municipalities that want to aggregate electric generation services.

(c) The Department of Public Utility Control may, at the request of the Commissioner of Energy or on its own motion, designate said commissioner a party in any proceeding before such authority.

(d) Except as prohibited by the provisions of section 4-181 of the general statutes, the Commissioner of Energy shall (1) have access to the records of the Public Utilities Control Authority and the Department of Public Utility Control, (2) be entitled to call upon the expert assistance of the authority and the department, and (3) have the benefit of all other facilities or information of the authority or department in carrying out his or her duties and those of the Department of Energy, except for such internal documents, information or data that are not available to parties to the authority's proceedings.

Sec. 3. (NEW) (Effective July 1, 2007) (a) The Commissioner of Energy shall: (1) Hold regular public meetings for the purpose of discussing issues relating to the safety and operation of the nuclear power generating facilities located in this state and to advise the Governor, the General Assembly and municipalities within a five-mile radius of any nuclear power generating facility in this state of such issues; (2) work in conjunction with agencies of the federal, state and local governments and with any electric company operating a nuclear power generating facility to ensure the public health and safety; (3) discuss proposed changes in or problems arising from the operation of a nuclear power generating facility; (4) communicate with any electric company operating a nuclear power generating facility about safety or operational concerns at the facility, which communications may include, but not be limited to, receipt of written reports and presentations to the department; and (5) review the current status of facilities with the Nuclear Regulatory Commission.

(b) The commissioner may establish a nuclear energy advisory group to assist and advise the department on performance of the commissioner's duties under this section.

Sec. 4. (NEW) (Effective July 1, 2007) (a) The Department of Energy shall: (1) Represent the state in regional energy system planning processes conducted by the regional independent system operator, as defined in section 16-1 of the general statutes; (2) encourage representatives from the municipalities that are affected by a proposed project of regional significance to participate in regional energy system planning processes conducted by the regional independent system operator; (3) participate in a forecast proceeding conducted pursuant to subsection (a) of section 16-50r of the general statutes; and (4) participate in a life-cycle proceeding conducted pursuant to subsection (b) of section 16-50r of the general statutes.

(b) The Commissioner of Energy may establish an advisory group to assist and advise the department on performance of the commissioner's duties under this section.

Sec. 5. (NEW) (Effective July 1, 2007) (a) The Department of Energy is authorized to participate in proceedings before agencies of the federal government and the federal courts on matters affecting electric distribution companies, as defined in section 16-1 of the general statutes, electric suppliers, as defined in said section 16-1, gas companies, as defined in said section 16-1, gas registrants, as defined in said section 16-1, or exempt wholesale generators, as defined in said section 16-1.

(b) For any proceeding before the Federal Energy Regulatory Commission, the United States Department of Energy or the United States Nuclear Regulatory Commission, or appeal thereof, the Attorney General, upon request of the Commissioner of Energy, may retain outside legal counsel in accordance with section 3-125 of the general statutes to participate in such proceedings on behalf of the department. All reasonable and proper expenses of such outside legal counsel shall be borne by the electric distribution companies, electric suppliers, gas companies, gas registrants, or exempt wholesale generators that are affected by the decisions of such proceedings and shall be paid at such times and in such manner as the Department of Energy directs, provided such expenses shall be apportioned in proportion to the revenues of each affected entity as reported to the Department of Public Utility Control for purposes of section 16-49 of the general statutes for the most recent period, and provided further such expenses shall not exceed two hundred fifty thousand dollars per proceeding, including any appeals thereof, in any calendar year unless the department finds good cause for exceeding the limit and the affected entities have an opportunity, after reasonable notice, to comment on the proposed overage. All such legal expenses shall be recognized by the Department of Public Utility Control as proper business expenses of the affected entities for rate-making purposes, as provided in section 16-19e of the general statutes, as amended by this act, if applicable.

Sec. 6. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Management and Homeland Security, Commissioner of Energy, Commissioner of Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Mental Retardation, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner of Veterans' Affairs, Commissioner of Health Care Access, Chief Information Officer, the chairperson of the Public Utilities Control Authority, the executive director of the Board of Education and Services for the Blind and the executive director of the Connecticut Commission on Culture and Tourism.

Sec. 7. Section 4-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

There shall be within the executive branch of state government the following departments: Office of Policy and Management, Department of Administrative Services, Department of Revenue Services, Department of Banking, Department of Agriculture, Department of Children and Families, Department of Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Management and Homeland Security, Department of Energy, Department of Environmental Protection, Department of Public Health, Board of Governors of Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Mental Retardation, Department of Public Safety, Department of Social Services, Department of Transportation, Department of Motor Vehicles, Department of Veterans' Affairs, Department of Public Works and Department of Public Utility Control.

Sec. 8. Subsection (a) of section 4-65a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) There shall be an Office of Policy and Management which shall be responsible for all aspects of state staff planning and analysis in the areas of budgeting, management, planning, [energy] policy determination and evaluation, intergovernmental policy, criminal and juvenile justice planning and program evaluation. The department head shall be the Secretary of the Office of Policy and Management, who shall be appointed by the Governor in accordance with the provisions of sections 4-5, as amended by this act, 4-6, 4-7 and 4-8, with all the powers and duties therein prescribed. The Secretary of the Office of Policy and Management shall be the employer representative (1) in collective bargaining negotiations concerning changes to the state employees retirement system and health and welfare benefits, and (2) in all other matters involving collective bargaining, including negotiation and administration of all collective bargaining agreements and supplemental understandings between the state and the state employee unions concerning all executive branch employees except (A) employees of the Division of Criminal Justice, and (B) faculty and professional employees of boards of trustees of constituent units of the state system of higher education. The secretary may designate a member of the secretary's staff to act as the employer representative in the secretary's place.

Sec. 9. Subdivision (2) of subsection (e) of section 4a-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(2) Any purchase of or contract by the department for electric generation services that are subject to competitive bidding and competitive negotiations shall be conducted in cooperation with the [Office of Policy and Management] Commissioner of Energy pursuant to section 16a-14e, as amended by this act.

Sec. 10. Section 8-37jj of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of Economic and Community Development may not approve electric resistance as the primary heat source in new, subsidized housing except where justified by a life-cycle cost analysis whose methodology has been approved by the [division of the Office of Policy and Management responsible for energy matters] Department of Energy.

(b) If the Department of Economic and Community Development or the Connecticut Housing Finance Authority uses electric resistance space heating as the primary heating source in any new construction, it shall construct the unit in such a way as to be eligible for any available energy conservation incentives provided by the electric company, as defined in section 16-1, or the municipal utility furnishing electric service to such unit.

Sec. 11. Subsection (f) of section 13a-110a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(f) The provisions of this section shall not apply to the installation or replacement of luminaires for which the [Secretary of the Office of Policy and Management] Commissioner of Energy (1) conducts a life-cycle cost analysis of one or more luminaires which meet the requirements set forth in subsection (b) of this section and one or more luminaires which do not meet such requirements, and (2) certifies that a luminaire which meets such requirements is not cost effective and is not the most appropriate alternative based on the life-cycle cost analysis.

Sec. 12. Subsections (a) and (b) of section 16-2 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) There shall continue to be a Public Utilities Control Authority, which shall consist of [five] four electors of this state, appointed by the Governor with the advice and consent of both houses of the General Assembly. Not more than three members of said authority in office at any one time shall be members of any one political party. [On or before July 1, 1983, and quadrennially thereafter, the Governor shall appoint three members to the authority and on or before July 1, 1985, and quadrennially thereafter, the Governor shall appoint two members.] On or before July 1, 2007, the Governor shall appoint four members to the authority. All such members shall serve for a term of four years, except that of the four members appointed on or before July 1, 2007, one shall serve a term of one year, one shall serve a term of two years, one shall serve a term of three years and one shall serve a term of four years. The procedure prescribed by section 4-7 shall apply to such appointments, except that the Governor shall submit each nomination on or before May first, and both houses shall confirm or reject it before adjournment sine die. The commissioners shall be sworn to the faithful performance of their duties.

(b) The authority shall elect a chairperson [and vice-chairperson] each June for a one-year [terms] term starting on July first of the same year. [The vice-chairperson shall perform the duties of the chairperson in his absence.]

Sec. 13. Subsection (d) of section 16-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(d) The commissioners of the authority shall serve full time and shall make full public disclosure of their assets, liabilities and income at the time of their appointment, and thereafter each member of the authority shall make such disclosure on or before July thirtieth of each year of such member's term, and shall file such disclosure with the office of the Secretary of the State. Each commissioner shall receive annually a salary equal to that established for management pay plan salary group seventy-five by the Commissioner of Administrative Services. [, except that the chairperson shall receive annually a salary equal to that established for management pay plan salary group seventy-seven.]

Sec. 14. Subsection (j) of section 16-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(j) No member of the authority or employee of the department shall agree to accept, or be in partnership or association with any person, or a member of a professional corporation or in membership with any union or professional association which partnership, association, professional corporation, union or professional association agrees to accept any employment, fee or other thing of value, or portion thereof, in consideration of his appearing, agreeing to appear, or taking any other action on behalf of another person before the authority, the Connecticut Siting Council, the Office of Policy and Management, the Commissioner of Energy or the Commissioner of Environmental Protection.

Sec. 15. Subsection (a) of section 16-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) There shall continue to be an independent Office of Consumer Counsel, within the Department of Public Utility Control for administrative purposes only, to act as the advocate for consumer interests in all matters which may affect Connecticut consumers with respect to public service companies, electric suppliers and certified telecommunications providers. The Office of Consumer Counsel shall receive and investigate consumer complaints with regard to utility issues and act as a liaison with the utilities in the resolution of consumer complaints and concerns. The Office of Consumer Counsel is authorized to appear in and participate in any regulatory or judicial proceedings, federal or state, in which such interests of Connecticut consumers may be involved, or in which matters affecting utility services rendered or to be rendered in this state may be involved. The Office of Consumer Counsel shall be a party to each contested case before the Department of Public Utility Control and shall participate in such proceedings to the extent it deems necessary. Said Office of Consumer Counsel may appeal from a decision, order or authorization in any such state regulatory proceeding notwithstanding its failure to appear or participate in said proceeding.

Sec. 16. Section 16-6a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of Public Utility Control and the Office of Consumer Counsel are authorized to participate in proceedings before agencies of the federal government and the federal courts on matters affecting [utility] services relating to telephone, telegraph, pipeline, sewage, water and community antenna television companies and certified telecommunications providers rendered or to be rendered in this state.

(b) For any proceeding before the Federal Energy Regulatory Commission, the United States Department of Energy or the United States Nuclear Regulatory Commission, or appeal thereof, the Attorney General, upon request of the department, may retain outside legal counsel in accordance with section 3-125 to participate in such proceedings on behalf of the department. All reasonable and proper expenses of such outside legal counsel shall be borne by the [public service companies,] telephone, telegraph, pipeline, sewage, water and community antenna television companies and certified telecommunications providers [, electric suppliers or gas registrants] that are affected by the decisions of such proceedings and shall be paid at such times and in such manner as the department directs, provided such expenses shall be apportioned in proportion to the revenues of each affected entity as reported to the department for purposes of section 16-49 for the most recent period, and provided further such expenses shall not exceed two hundred fifty thousand dollars per proceeding, including any appeals thereof, in any calendar year unless the department finds good cause for exceeding the limit and the affected entities have an opportunity, after reasonable notice, to comment on the proposed overage. All such legal expenses shall be recognized by the department as proper business expenses of the affected entities for rate-making purposes, as provided in section 16-19e, as amended by this act, if applicable.

(c) For any proceeding before the Federal Energy Regulatory Commission, the United States Department of Energy, the United States Nuclear Regulatory Commission, the Securities and Exchange Commission, the Federal Trade Commission, the United States Department of Justice or the Federal Communications Commission, or appeal thereof, the Attorney General, upon request of the Office of Consumer Counsel, may retain outside legal counsel in accordance with section 3-125 to participate in such proceedings on behalf of the office, provided the work performed on behalf of the office shall not include lobbying activities, as defined in 2 USC 1602. All reasonable and proper expenses of such outside legal counsel shall be borne by the public service companies, certified telecommunications providers, electric suppliers or gas registrants that are affected by the decisions of such proceedings and shall be paid at such times and in such manner as the office directs, provided such expenses shall be apportioned in proportion to the revenues of each affected entity as reported to the department for purposes of section 16-49 for the most recent period, and provided further such expenses shall not exceed two hundred fifty thousand dollars, including any appeals thereof, in any calendar year. The Department of Public Utility Control shall recognize all such legal expenses as proper business expenses of the affected entities for rate-making purposes, as provided in section 16-19e, as amended by this act, if applicable.

Sec. 17. Section 16-6b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Department of Public Utility Control may, in accordance with chapter 54, adopt such regulations with respect to rates and charges, services, accounting practices, safety and the conduct of operations generally of public service companies subject to its jurisdiction as it deems reasonable and necessary. The department may, in accordance with chapter 54, adopt such regulations with respect to services, accounting practices, safety and the conduct of operations generally of electric suppliers subject to its jurisdiction as it deems reasonable and necessary. After consultation with the [Secretary of the Office of Policy and Management] Commissioner of Energy, the department may also adopt regulations establishing standards for systems utilizing cogeneration technology and renewable fuel resources.

Sec. 18. Section 16-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Any person or any town, city or borough may make complaint, in writing, to the [Department of Public Utility Control] Office of Consumer Counsel, of any defects in any portion of the plant or equipment of any public service company or electric supplier, or of the manner of operating such plant, by reason of which the public safety or the health or safety of employees is endangered; and, if he or it so requests, the name of the complainant shall not be divulged unless in the opinion of the [department] Office of Consumer Counsel the complaint is such that publicity is demanded.

Sec. 19. Section 16-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Upon receipt of such complaint from the Office of Consumer Counsel, the Department of Public Utility Control shall fix a time and place for hearing thereon and shall give notice thereof to all parties in interest, and shall make such further investigation into the alleged conditions as it deems necessary. If, upon such hearing, the department finds the conditions to be dangerous to public safety or to the safety of employees, it shall make such order as may be necessary to remedy the same and shall furnish a copy of such order to the complainant, upon request. If the department finds that the complaint is not justified, it shall so notify the complainant in writing, by registered or certified letter, specifying the reasons for such finding, and shall file a copy of such notification in the office of the department.

Sec. 20. Section 16-14 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Any town, city or borough, or any person or corporation maintaining pipes, conductors or other structures under or above ground in the streets or highways, or owning cattle, as defined in section 22-381, may make complaint in writing to the [Department of Public Utility Control] Office of Consumer Counsel of conditions resulting in injury to or destruction of such pipes, conductors, structures or cattle by electrolysis or by reason of the escape of electricity of any public service company or electric supplier. Proceedings shall be had upon such complaint as provided in sections 16-12 and 16-13. After hearing, as therein provided, [said department] the Department of Public Utility Control may make such order as may be necessary to prevent such injury or destruction, and said department may, at any time thereafter, for cause shown, upon hearing, after notice to all parties in interest, alter any such decision or order. Neither the provisions of this section nor compliance with any order passed pursuant to the provisions hereof shall constitute a defense in an action for damages resulting from electrolysis.

Sec. 21. Section 16-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Each public service company and electric supplier subject to regulation by the Department of Public Utility Control shall, in the event of any accident attended with personal injury or involving public safety, which was or may have been connected with or due to the operation of its or his property, or caused by contact with the wires of any public service company or electric supplier, notify the [department] Office of Consumer Counsel thereof, by telephone or otherwise, as soon as may be reasonably possible after the occurrence of such accident, unless such accident is a minor accident, as defined by regulations of the department. Each such person, company or electric supplier shall report such minor accidents to the [department] Office of Consumer Counsel in writing, in summary form, once each month. If notice of such accident, other than a minor accident, is given otherwise than in writing, it shall be confirmed in writing within five days after the occurrence of such accident. Any person, company or electric supplier failing to comply with the provisions of this section shall be fined not more than five hundred dollars for each offense.

Sec. 22. Subsection (a) of section 16-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) No public service company may charge rates in excess of those previously approved by the authority or the Department of Public Utility Control except that any rate approved by the Public Utilities Commission or the authority shall be permitted until amended by the authority or the department, that rates not approved by the authority or the department may be charged pursuant to subsection (b) of this section, and that the hearing requirements with respect to adjustment clauses are as set forth in section 16-19b. Each public service company shall file any proposed amendment of its existing rates with the department in such form and in accordance with such reasonable regulations as the department may prescribe. Each electric, electric distribution, gas or telephone company filing a proposed amendment shall also file with the department an estimate of the effects of the amendment, for various levels of consumption, on the household budgets of high and moderate income customers and customers having household incomes not more than one hundred fifty per cent of the federal poverty level. Each electric and electric distribution company shall also file such an estimate for space heating customers. Each water company, except a water company that provides water to its customers less than six consecutive months in a calendar year, filing a proposed amendment, shall also file with the department a plan for promoting water conservation by customers in such form and in accordance with a memorandum of understanding entered into by the department pursuant to section 4-67e. Each public service company shall notify each customer who would be affected by the proposed amendment, by mail, at least one week prior to the public hearing thereon, that an amendment has been or will be requested. Such notice shall also indicate (1) the Department of Public Utility Control telephone number for obtaining information concerning the schedule for public hearings on the proposed amendment, and (2) whether the proposed amendment would, in the company's best estimate, increase any rate or charge by twenty per cent or more, and, if so, describe in general terms any such rate or charge and the amount of the proposed increase, provided no such company shall be required to provide more than one form of the notice to each class of its customers. In the case of a proposed amendment to the rates of any public service company, the department shall hold a public hearing thereon, except as permitted with respect to interim rate amendments by subsection (d) and subsection (g) of this section, and shall make such investigation of such proposed amendment of rates as is necessary to determine whether such rates conform to the principles and guidelines set forth in section 16-19e, as amended by this act, or would create a hardship for residential or commercial customers or are unreasonably discriminatory or more or less than just, reasonable and adequate, or that the service furnished by such company is inadequate to or in excess of public necessity and convenience. The department, if in its opinion such action appears necessary or suitable in the public interest may, and, upon written petition or complaint of the state, under direction of the Governor, shall, make the aforesaid investigation of any such proposed amendment which does not involve an alteration in rates. If the department finds any proposed amendment of rates to not conform to the principles and guidelines set forth in section 16-19e, as amended by this act, or to be unreasonably discriminatory or more or less than just, reasonable and adequate to enable such company to provide properly for the public convenience, necessity and welfare, or the service to be inadequate or excessive, it shall determine and prescribe, as appropriate, an adequate service to be furnished or just and reasonable maximum rates and charges to be made by such company. In the case of a proposed amendment filed by an electric, electric distribution, gas or telephone company, the department shall also adjust the estimate filed under this subsection of the effects of the amendment on the household budgets of the company's customers, in accordance with the rates and charges approved by the department. The department shall issue a final decision on each rate filing within one hundred fifty days from the proposed effective date thereof, provided it may, before the end of such period and upon notifying all parties and intervenors to the proceedings, extend the period by thirty days.

Sec. 23. Subsection (a) of section 16-19a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) (1) The Department of Public Utility Control shall, at intervals of not more than four years from the last previous general rate hearing of each gas, electric and electric distribution company having more than seventy-five thousand customers, conduct a complete review and investigation of the financial and operating records of each such company and hold a public hearing to determine whether the rates of each such company create a hardship for residential or commercial customers, are unreasonably discriminatory or more or less than just, reasonable and adequate, or that the service furnished by such company is inadequate to or in excess of public necessity and convenience or that the rates do not conform to the principles and guidelines set forth in section 16-19e, as amended by this act. In making such determination, the department shall consider the gross and net earnings of such company since its last previous general rate hearing, its retained earnings, its actual and proposed capital expenditures, its advertising expenses, the dividends paid to its stockholders, the rate of return paid on its preferred stock, bonds, debentures and other obligations, its credit rating, and such other financial and operating information as the department may deem pertinent.

(2) The department may conduct a general rate hearing in accordance with subsection (a) of section 16-19, as amended by this act, in lieu of the periodic review and investigation proceedings required under subdivision (1) of this subsection.

Sec. 24. Subsections (c) and (d) of section 16-19e of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(c) The Department of Public Utility Control shall consult at least [once] quarterly each year with the Commissioner of Environmental Protection, the Connecticut Siting Council and the [Office of Policy and Management] Commissioner of Energy, so as to coordinate and integrate its actions, decisions and policies pertaining to gas and electric companies, so far as possible, with the actions, decisions and policies of said other agencies and instrumentalities in order to further the development and optimum use of the state's energy resources and conform to the greatest practicable extent with the state energy policy as stated in section 16a-35k, taking into account prudent management of the natural environment and continued promotion of economic development within the state. In the performance of its duties, the department shall take into consideration the energy policies of the state as expressed in this subsection and in any annual reports prepared or filed by such other agencies and instrumentalities, and shall defer, as appropriate, to any actions taken by such other agencies and instrumentalities on matters within their respective jurisdictions.

(d) The Commissioner of Environmental Protection, the Commissioner of Economic and Community Development, the Connecticut Siting Council and the [Office of Policy and Management] Commissioner of Energy shall be made parties to each proceeding on a rate amendment proposed by a gas, electric or electric distribution company based upon an alleged need for increased revenues to finance an expansion of capital equipment and facilities, and shall participate in such proceedings to the extent necessary.

Sec. 25. Section 16-19cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Every electric public service company, as defined by section 16-1, which owns a five per cent or larger share of a nuclear generating facility shall file with the Department of Public Utility Control, the Department of Energy and the Office of Consumer Counsel, semiannually, on April first and October first, a report on the projected availability, maintenance, refueling and shutdown schedules, for the next twelve-month period, of all generating facilities over one hundred megawatts of capacity of each electric public service company and any generating facilities which are part of the New England Power Pool.

(b) The Department of Public Utility Control shall hold a hearing at the end of each calendar quarter in which fifty per cent or more of an electric public service company's nuclear generating capacity has been out of service for a significant period of time. If the department finds that the electric public service company has not fulfilled its public service responsibilities under this title and title 16a, then the department, in its discretion, may prohibit the electric public service company from recovering, directly or indirectly, all or any portion of the costs associated with the purchase of electricity from other sources through its rates or charges.

(c) The Department of Public Utility Control shall adopt regulations, in accordance with the provisions of chapter 54, to administer the provisions contained in this section.

Sec. 26. Section 16-19ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Each electric or electric distribution company with more than seventy-five thousand customers, shall, in its periodic report to the Department of Public Utility Control and the Department of Energy, concerning electrical outages, indicate which outages resulted from a power surge.

Sec. 27. Section 16-19mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

In its review of an electric [,] or gas [and water] public service company's resource planning, the Department of [Public Utility Control] Energy shall consider the external costs and benefits of all proposed resources, consistent with the state's energy and other policy, and integrated resource planning principles.

Sec. 28. (NEW) (Effective July 1, 2007) In its review of a water public service company's resource planning, the Department of Public Utility Control shall consider the external costs and benefits of all proposed resources, consistent with the state's energy and other policy and integrated resource planning principles.

Sec. 29. Section 16-19nn of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Department of Public Utility Control may permit electric and gas public service companies, as defined in section 16-1, to encourage specific end uses of electricity and gas to further the state's energy and other policy consistent with integrated resource planning principles as administered by the Department of Energy and with the provisions of section 16-19d.

Sec. 30. Subsection (a) of section 16-19ss of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of Public Utility Control may, from July 1, 2003, to [January 1, 2008] June 30, 2007, inclusive, determine, by an affirmative vote of four commissioners of the Public Utilities Control Authority, and from July 1, 2007, to January 1, 2008, inclusive, determine, by an affirmative vote of three commissioners of the Public Utilities Control Authority, that (1) safe, adequate and reasonably priced electricity is not available on the wholesale market; (2) additional temporary electric generation facilities will result in reductions in federally mandated congestion costs for which the ratepayers of the state are responsible; and (3) the prices and costs specified in subdivision (2) of this subsection will exceed the cost of investment in temporary electric generation facilities. Such determination shall be in writing and shall state the reasons supporting the determination.

Sec. 31. Subsection (b) of section 16-32e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(b) Not later than June 1, 1996, and every five years thereafter, each public service company, as defined in section 16-1, each telecommunications company, as defined in said section, that installs, maintains, operates or controls poles, wires, conduits or other fixtures under or over any public highway for the provision of telecommunications service authorized by section 16-247c, and each municipal utility furnishing electric, gas or water service shall file with the Department of Public Utility Control, the Department of Energy, the Department of Emergency Management and Homeland Security and each municipality located within the service area of the public service company, telecommunications company or municipal utility an updated plan for restoring service which is interrupted as a result of an emergency, except no such plan shall be required of a public service company or municipal utility that submits a water supply plan pursuant to section 25-32d. Plans filed by public service companies and municipal utilities furnishing water shall be prepared in accordance with the memorandum of understanding entered into pursuant to section 4-67e. Not later than September 15, 1996, and every five years thereafter, the Department of Public Utility Control may conduct public hearings on such plans and, in consultation with the Department of Energy, the Department of Emergency Management and Homeland Security, the Department of Public Health and the joint standing committee of the General Assembly having cognizance of matters relating to public utilities, revise such plans to the extent necessary to provide properly for the public convenience, necessity and welfare. If the Department of Public Utility Control revises the emergency plan of a public service company, telecommunications company or municipal utility, such company or municipal utility shall file a copy of the revised plan with each municipality located within the service area of the company.

Sec. 32. Section 16-32f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) On or before October first of each even-numbered year, a gas company, as defined in section 16-1, shall furnish a report to the Department of [Public Utility Control] Energy containing a five-year forecast of loads and resources. The report shall describe the facilities and supply sources that, in the judgment of such gas company, will be required to meet gas demands during the forecast period. The report shall be made available to the public and shall be furnished to the chief executive officer of each municipality in the service area of such gas company, the regional planning agency which encompasses each such municipality, the Attorney General, the president pro tempore of the Senate, the speaker of the House of Representatives, the joint standing committee of the General Assembly having cognizance of matters relating to public utilities, any other member of the General Assembly making a request to the department for the report and such other state and municipal entities as the department may designate by regulation. The report shall include: (1) A tabulation of estimated peak loads and resources for each year; (2) data on gas use and peak loads for the five preceding calendar years; (3) a list of present and projected gas supply sources; (4) specific measures to control load growth and promote conservation; and (5) such other information as the department may require by regulation. A full description of the methodology used to arrive at the forecast of loads and resources shall also be furnished to the department. The department shall hold a public hearing on such reports upon the request of any person. On or before August first of each odd-numbered year, the department may request a gas company to furnish to the department an updated report. A gas company shall furnish any such updated report not later than sixty days following the request of the department.

(b) Not later than October 1, 2005, and annually thereafter, a gas company, as defined in section 16-1, shall submit to the Department of [Public Utility Control] Energy a gas conservation plan, in accordance with the provisions of this section, to implement cost-effective energy conservation programs and market transformation initiatives. All supply and conservation and load management options shall be evaluated and selected within an integrated supply and demand planning framework. The department [shall, in an uncontested proceeding during which the department] may hold a public hearing, approve, modify or reject the plan.

(c) (1) The [Energy Conservation Management Board] Conservation Advisory Board, established pursuant to section 16-245m, as amended by this act, shall advise and assist each such gas company in the development and implementation of the plan submitted under subsection (b) of this section. Each program contained in the plan shall be reviewed by each such gas company and shall be either accepted, modified or rejected by the [Energy Conservation Management Board] Conservation Advisory Board before submission of the plan to the department for approval. The [Energy Conservation Management Board] Conservation Advisory Board shall, as part of its review, examine opportunities to offer joint programs providing similar efficiency measures that save more than one fuel resource or to otherwise coordinate programs targeted at saving more than one fuel resource. Any costs for joint programs shall be allocated equitably among the conservation programs.

(2) Programs included in the plan shall be screened through cost-effectiveness testing that compares the value and payback period of program benefits to program costs to ensure that the programs are designed to obtain gas savings whose value is greater than the costs of the program. Program cost-effectiveness shall be reviewed annually by the department, or otherwise as is practicable. If the department determines that a program fails the cost-effectiveness test as part of the review process, the program shall either be modified to meet the test or be terminated. On or before January 1, [2007] 2008, and annually thereafter, the [board] department shall provide a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment, that documents expenditures and funding for such programs and evaluates the cost-effectiveness of such programs conducted in the preceding year, including any increased cost-effectiveness owing to offering programs that save more than one fuel resource.

(3) Programs included in the plan may include, but are not limited to: (A) Conservation and load management programs, including programs that benefit low-income individuals; (B) research, development and commercialization of products or processes that are more energy-efficient than those generally available; (C) development of markets for such products and processes; (D) support for energy use assessment, engineering studies and services related to new construction or major building renovations; (E) the design, manufacture, commercialization and purchase of energy-efficient appliances, air conditioning and heating devices; (F) program planning and evaluation; (G) joint fuel conservation initiatives and programs targeted at saving more than one fuel resource; and (H) public education regarding conservation. Such support may be by direct funding, manufacturers' rebates, sale price and loan subsidies, leases and promotional and educational activities. The plan shall also provide for expenditures by the [Energy Conservation Management Board] Conservation Advisory Board for the retention of expert consultants and reasonable administrative costs, provided such consultants shall not be employed by, or have any contractual relationship with, a gas company. Such costs shall not exceed five per cent of the total cost of the plan.

(d) The Department of Energy shall submit the plan to the Department of Public Utility Control for deliberation regarding retail rate recovery of costs associated with implementing the initiatives contained in the plan. Nothing in this section shall be construed to require the Department of Public Utility Control to establish a conservation charge to support the programs in this section.

Sec. 33. Section 16-32g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Not later than January 1, 1988, each electric or electric distribution company shall submit to the Department of Public Utility Control and the Department of Energy a plan for the maintenance of poles, wires, conduits or other fixtures, along public highways or streets for the transmission or distribution of electric current, owned, operated, managed or controlled by such company, in such format as the department shall prescribe. Such plan shall include a program for the trimming of tree branches and limbs located in close proximity to overhead electric wires where such branches and limbs may cause damage to such electric wires. The [department] Department of Public Utility Control shall review each plan and may issue such orders as may be necessary to ensure compliance with this section. The [department] Department of Public Utility Control may require each electric or electric distribution company to submit an updated plan at such time and containing such information as the [department] Department of Public Utility Control may prescribe. The [department] Department of Public Utility Control shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section.

Sec. 34. Section 16-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Department of Public Utility Control is authorized to enter into compacts in the name of the state of Connecticut with the states of New York, Vermont, Massachusetts, Rhode Island, New Jersey and Pennsylvania, or any one or more of said states, through such body in such state or states as may be designated by law to act, for the purpose of establishing joint regulation and control of rates for electricity and gas transmitted between such states; provided the power to enter into such compacts shall be authorized by the Congress of the United States. The [department] Department of Public Utility Control shall report the terms of any such compact to the Department of Energy and the General Assembly of this state at its first regular session after such compact has been agreed upon; but no such agreements or compacts shall become effective until approved by the General Assembly and the Congress of the United States.

Sec. 35. Section 16-48a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

There is established a fund to be known as the ["Consumer Counsel and Public Utility Control Fund"] "Energy Policy and Regulatory Fund". The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. The interest derived from the investment of the fund shall be credited to the fund. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding.

Sec. 36. Subsection (b) of section 16-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(b) On or before July 15, 1999, and on or before May first, annually thereafter, each company shall report its intrastate gross revenues of the preceding calendar year to the [department] Department of Public Utility Control, which amount shall be subject to audit by [the] said department. For each fiscal year, each company shall pay the Department of Public Utility Control the company's share of all expenses of the [department] Department of Public Utility Control, the Department of Energy and the Office of Consumer Counsel for such fiscal year. On or before September first, annually, the department shall give to each company a statement which shall include: (1) The amount appropriated to the department and the Office of Consumer Counsel for the fiscal year beginning July first of the same year; (2) the total gross revenues of all companies; and (3) the proposed assessment against the company for the fiscal year beginning on July first of the same year, adjusted to reflect the estimated payment required under subdivision (1) of subsection (c) of this section. Such proposed assessment shall be calculated by multiplying the company's percentage share of the total gross revenues as specified in subdivision (2) of this subsection by the total revenue appropriated to the [department] Department of Public Utility Control, the Department of Energy and the Office of Consumer Counsel as specified in subdivision (1) of this subsection.

Sec. 37. Subsection (d) of section 16-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(d) Immediately following the close of each fiscal year, the department shall recalculate the proposed assessment of each company, based on the expenses, as determined by the Comptroller, of the [department] Department of Public Utility Control, the Department of Energy and the Office of Consumer Counsel for such fiscal year. On or before September first, annually, the department shall give to each company a statement showing the difference between its recalculated assessment and the amount previously paid by the company.

Sec. 38. Section 16-50j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) There is established a "Connecticut Siting Council", hereinafter referred to as the "council", which shall be within the Department of Public Utility Control.

(b) Except for proceedings under chapter 445, this subsection and subsection (c) of this section, the council shall consist of: (1) The Commissioner of Environmental Protection, or his designee; (2) the chairman, or his designee, of the Public Utilities Control Authority; (3) one designee of the speaker of the House and one designee of the president pro tempore of the Senate; (4) the Commissioner of Energy, or his designee; and [(4) five] (5) four members of the public, to be appointed by the Governor, at least two of whom shall be experienced in the field of ecology, and not more than one of whom shall have affiliation, past or present, with any utility or governmental utility regulatory agency, or with any person owning, operating, controlling, or presently contracting with respect to a facility, a hazardous waste facility as defined in section 22a-115 or ash residue disposal area.

(c) For proceedings under chapter 445, subsection (b) of this section and this subsection, the council shall consist of (1) the Commissioners of Public Health and Public Safety or their designated representatives; (2) the designees of the speaker of the House of Representatives and the president pro tempore of the Senate as provided in subsection (b) of this section; (3) the Commissioner of Energy, or his designee; (4) the [five] four members of the public as provided in subsection (b) of this section; and [(4) four] (5) three ad hoc members, [three] two of whom shall be electors from the municipality in which the proposed facility is to be located and one of whom shall be an elector from a neighboring municipality likely to be most affected by the proposed facility. The municipality most affected by the proposed facility shall be determined by the permanent members of the council. If any one of the [five] four members of the public or of the designees of the speaker of the House of Representatives or the president pro tempore of the Senate resides (A) in the municipality in which a hazardous waste facility is proposed to be located for a proceeding concerning a hazardous waste facility or in which a low-level radioactive waste facility is proposed to be located for a proceeding concerning a low-level radioactive waste facility, or (B) in the neighboring municipality likely to be most affected by the proposed facility, the appointing authority shall appoint a substitute member for the proceedings on such proposal. If any appointee is unable to perform his duties on the council due to illness, or has a substantial financial or employment interest which is in conflict with the proper discharge of his duties under this chapter, the appointing authority shall appoint a substitute member for proceedings on such proposal. An appointee shall report any substantial financial or employment interest which might conflict with the proper discharge of his duties under this chapter to the appointing authority who shall determine if such conflict exists. If any state agency is the applicant, an appointee shall not be deemed to have a substantial employment conflict of interest because of employment with the state unless such appointee is directly employed by the state agency making the application. Ad hoc members shall be appointed by the chief elected official of the municipality they represent and shall continue their membership until the council issues a letter of completion of the development and management plan to the applicant.

(d) For proceedings under sections 22a-285d to 22a-285h, inclusive, the council shall consist of (1) the Commissioners of Public Health and Public Safety or their designated representatives; (2) the designees of the speaker of the House of Representatives and the president pro tempore of the Senate as provided in subsection (b) of this section; [, and (3) five] (3) the Commissioner of Energy or his designee; (4) the four members of the public as provided in subsection (b) of this section; and (5) the three ad hoc members. If any one of the [five] four members of the public or of the designees of the speaker of the House of Representatives or the president pro tempore of the Senate resides in the municipality in which an ash residue disposal area is proposed to be located the appointing authority shall appoint a substitute member for the proceedings on such proposal. If any appointee is unable to perform his duties on the council due to illness, or has a substantial financial or employment interest which is in conflict with the proper discharge of his duties under sections 22a-285d to 22a-285h, inclusive, the appointing authority shall appoint a substitute member for proceedings on such proposal. An appointee shall report any substantial financial or employment interest which might conflict with the proper discharge of his duties under said sections to the appointing authority who shall determine if such conflict exists. If any state agency is the applicant, an appointee shall not be deemed to have a substantial employment conflict of interest because of employment with the state unless such appointee is directly employed by the state agency making the application.

(e) The chairman of the council shall be appointed by the Governor from among the [five] four public members appointed by him, with the advice and consent of the House or Senate, and shall serve as chairman at the pleasure of the Governor.

(f) The public members of the council, including the chairman, the members appointed by the speaker of the House and president pro tempore of the Senate and the [four] three ad hoc members specified in subsection (c) of this section, shall be compensated for their attendance at public hearings, executive sessions, or other council business as may require their attendance at the rate of one hundred fifty dollars, provided in no case shall the daily compensation exceed one hundred fifty dollars. The annual compensation for any member for attending such hearings shall not exceed twelve thousand dollars a year.

(g) The council shall, in addition to its other duties prescribed in this chapter, adopt, amend, or rescind suitable regulations to carry out the provisions of this chapter and the policies and practices of the council in connection therewith, and appoint and prescribe the duties of such staff as may be necessary to carry out the provisions of this chapter. The chairman of the council, with the consent of five or more other members of the council, may appoint an executive director, who shall be the chief administrative officer of the Connecticut Siting Council. The executive director shall be exempt from classified service.

(h) Prior to commencing any hearing pursuant to section 16-50m, the council shall consult with and solicit written comments from the Department of Environmental Protection, the Department of Energy, the Department of Public Health, the Council on Environmental Quality, the Department of Agriculture, the Department of Public Utility Control, the Office of Policy and Management, the Department of Economic and Community Development and the Department of Transportation. In addition, the Department of Environmental Protection shall have the continuing responsibility to investigate and report to the council on all applications which prior to October 1, 1973, were within the jurisdiction of said Department of Environmental Protection with respect to the granting of a permit. Copies of such comments shall be made available to all parties prior to the commencement of the hearing. Subsequent to the commencement of the hearing, said departments and council may file additional written comments with the council within such period of time as the council designates. All such written comments shall be made part of the record provided by section 16-50o. Said departments and council shall not enter any contract or agreement with any party to the proceedings or hearings described in this section or section 16-50p, that requires said departments or council to withhold or retract comments, refrain from participating in or withdraw from said proceedings or hearings.

Sec. 39. Subsection (e) of section 16-50l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(e) [Except as provided in subsection (e) of section 16a-7c, at] At least sixty days prior to the filing of an application with the council, the applicant shall consult with the municipality in which the facility may be located and with any other municipality required to be served with a copy of the application under subdivision (1) of subsection (b) of this section concerning the proposed and alternative sites of the facility. For a facility described in subdivisions (1) to (4), inclusive, of subsection (a) of section 16-50i, the applicant shall submit to the [Connecticut Energy Advisory Board] Department of Energy the same information that it provides to a municipality pursuant to this subsection on the same day of the consultation with the municipality. Such consultation with the municipality shall include, but not be limited to good faith efforts to meet with the chief elected official of the municipality. At the time of the consultation, the applicant shall provide the chief elected official with any technical reports concerning the public need, the site selection process and the environmental effects of the proposed facility. The municipality may conduct public hearings and meetings as it deems necessary for it to advise the applicant of its recommendations concerning the proposed facility. Within sixty days of the initial consultation, the municipality shall issue its recommendations to the applicant. No later than fifteen days after submitting an application to the council, the applicant shall provide to the council all materials provided to the municipality and a summary of the consultations with the municipality including all recommendations issued by the municipality.

Sec. 40. Subdivision (2) of subsection (a) of section 16-50p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(2) The council's decision shall be rendered in accordance with the following:

(A) Not later than twelve months after the deadline for filing an application [following the request-for-proposal process] for a facility described in subdivision (1) or (2) of subsection (a) of section 16-50i or subdivision (4) of said subsection (a) if the application was incorporated in an application concerning a facility described in subdivision (1) of said subsection (a);

(B) Not later than one hundred eighty days after the deadline for filing an application [following the request-for-proposal process] for a facility described in subdivision (4) of said subsection (a), and an application concerning a facility described in subdivision (3) of said subsection (a), provided such time periods may be extended by the council by not more than one hundred eighty days with the consent of the applicant; and

(C) Not later than one hundred eighty days after the filing of an application for a facility described in subdivision (5) or (6) of said subsection (a), provided such time period may be extended by the council by not more than one hundred eighty days with the consent of the applicant.

Sec. 41. Subsection (a) of section 16-50r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Every person engaged in electric transmission services, as defined in section 16-1, electric generation services, as defined in said section, or electric distribution services, as defined in said section generating electric power in the state utilizing a generating facility with a capacity greater than one megawatt, shall, annually, on or before March first, file a report on a forecast of loads and resources which may consist of an update of the previous year's report with the council for its review. The report shall cover the ten-year forecast period beginning with the year of the report. Upon request, the report shall be made available to the public. The report shall include, as applicable: (1) A tabulation of estimated peak loads, resources and margins for each year; (2) data on energy use and peak loads for the five preceding calendar years; (3) a list of existing generating facilities in service; (4) a list of scheduled generating facilities for which property has been acquired, for which certificates have been issued and for which certificate applications have been filed; (5) a list of planned generating units at plant locations for which property has been acquired, or at plant locations not yet acquired, that will be needed to provide estimated additional electrical requirements, and the location of such facilities; (6) a list of planned transmission lines on which proposed route reviews are being undertaken or for which certificate applications have already been filed; (7) a description of the steps taken to upgrade existing facilities and to eliminate overhead transmission and distribution lines in accordance with the regulations and standards described in section 16-50t; and (8) for each private power producer having a facility generating more than one megawatt and from whom the person furnishing the report has purchased electricity during the preceding calendar year, a statement including the name, location, size and type of generating facility, the fuel consumed by the facility and the by-product of the consumption. Confidential, proprietary or trade secret information provided under this section may be submitted under a duly granted protective order. The council may adopt regulations, in accordance with the provisions of chapter 54, that specify the expected filing requirements for persons that transmit electric power in the state, electric distribution companies, and persons that generate electric power in the state utilizing a generating facility with a capacity of greater than one megawatt. Until such regulations are adopted, persons that transmit electric power in the state shall file reports pursuant to this section that include the information requested in subdivisions (6) and (7) of this subsection; electric distribution companies in the state shall file reports pursuant to this section that include the information requested in subdivisions (1), (2), (7) and (8) of this subsection; persons that generate electric power in the state utilizing a generating facility with a capacity greater than one megawatt shall file reports pursuant to this section that include the information requested in subdivisions (3), (4), (5) and (8) of this subsection. The council shall hold a public hearing on such filed forecast reports annually. The council shall conduct a review in an executive session of any confidential, proprietary or trade secret information submitted under a protective order during such a hearing. At least one session of such hearing shall be held after six-thirty p.m. Upon reviewing such forecast reports, the council [may] shall issue its own report assessing the overall status of loads and resources in the state. [If the council issues such a] Said report, [it] shall be made available to the public and shall be furnished to the Department of Energy and each member of the joint standing committee of the General Assembly having cognizance of matters relating to energy and technology, any other member of the General Assembly making a written request to the council for the report and such other state and municipal bodies as the council may designate.

Sec. 42. Subsection (a) of section 16-50bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) There is established an account to be known as the "municipal participation account", within the General Fund, which shall be a separate, nonlapsing account. There shall be deposited in the account the municipal participation fees received pursuant to [subdivisions] subdivision (1) [and (3)] of subsection (a) of section 16-50l. The interest derived from the investment of the account shall be credited to the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding.

Sec. 43. Section 16-243f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of [Public Utility Control] Energy shall adopt regulations, in accordance with chapter 54, which establish procedures to determine the manner in which capacity needs of electric public service companies may be met through the provision of electricity conservation and demand management measures by private power providers, in addition to or in lieu of electricity generation facilities and to determine the monitoring and evaluation plans to be employed in documenting the demand and energy savings achieved, including, where practicable and cost-effective, impact measurement methods implemented through metering arrangements, with appropriate adjustment for weather normalization and other factors influencing usage levels. In adopting and implementing said regulations, the department shall take into account state energy policy, pursuant to section 16a-35k.

(b) A private power provider may offer to provide electricity conservation or demand management measures to an electric public service company pursuant to section 16-243b and this section and the regulations adopted under subsection (a) of this section. The [department] Department of Energy shall review and evaluate such proposals based on the factors specified in said regulations [, and after notice and a hearing,] and render a determination as to the feasibility of the proposed electricity conservation and demand management measures. The [department] Department of Public Utility Control may, in accordance with such regulations, order an electric public service company to enter into an agreement with a private power provider where the private power provider would furnish electricity conservation or demand management measures to the electric public service company or its customers.

Sec. 44. Section 16-243k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Not later than January 1, [2007] 2008, and annually thereafter, the Department of [Public Utility Control] Energy shall assess the number and types of customer-side and grid-side distributed resources, as defined in section 16-1, projects financed pursuant to the provisions of public act 05-1 of the June special session* and such projects' contributions to achieving fuel diversity, transmission support, and energy independence in the state. Not later than January 1, [2007] 2008, and biennially thereafter, the department shall collect the information in such annual assessments and report, in accordance with the provisions of section 11-4a, on the effectiveness of the award program established in section 16-243i and report on its findings to the joint standing committee of the General Assembly having cognizance of matters relating to energy and to the Commissioner of Energy.

Sec. 45. Subsections (k) through (m) of section 16-243m of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(k) The department may order an electric distribution company to submit a proposal pursuant to the provisions of this section and may approve such a proposal under this section. [Nothing in sections 16-1, 16-19ss, 16-32f, 16-50i, 16-50k, 16-50x, 16-243i to 16-243q, inclusive, 16-244c, 16-244e, 16-245d, 16-245m, 16-245n and 16-245z and section 21 of public act 05-1 of the June special session* shall limit the department's ability to conduct requests for proposals, in addition to that in subsection (c) of this section, to reduce federally mandated congestion charges and to approve such proposals or otherwise to meet its responsibility under this title.]

(l) The department shall hold a hearing that shall be conducted as a contested case, in accordance with the provisions of chapter 54, to investigate any impact on the financial condition of electric distribution companies of long-term contracts entered into pursuant to this section and to establish, before issuing a request for proposals in accordance with subsection (c) of this section, the methodology for compensating the companies for such impacts. The methodology for addressing such impacts shall be included in the request for proposals under subsection (c) of this section, if appropriate. If the department determines that entering into such long-term contracts results in increased costs incurred by the electric distribution companies, the department, annually, shall allow such costs to be recovered through rates or in such manner as the department considers appropriate. The department shall determine whether such costs shall be considered in the evaluation or selection of bids under this section.

(m) An electric distribution company may not submit a proposal under this section on or after February 1, 2011. On or before January 1, 2010, the [department] Department of Energy, in consultation with the Department of Public Utility Control, shall submit a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to energy with a recommendation as to whether the period during which such company may submit proposals under this section should be extended.

Sec. 46. Subsection (c) of section 16-244c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(c) (1) On and after January 1, 2007, each electric distribution company shall provide electric generation services through standard service to any customer who (A) does not arrange for or is not receiving electric generation services from an electric supplier, and (B) does not use a demand meter or has a maximum demand of less than five hundred kilowatts.

(2) Not later than October 1, 2006, and periodically as required by subdivision (3) of this subsection, but not more often than every calendar quarter, the Department of Public Utility Control shall establish the standard service price for such customers pursuant to subdivision (3) of this subsection. Each electric distribution company shall recover the actual net costs of procuring and providing electric generation services pursuant to this subsection, provided such company mitigates the costs it incurs for the procurement of electric generation services for customers who are no longer receiving service pursuant to this subsection.

(3) An electric distribution company providing electric generation services pursuant to this subsection shall mitigate the variation of the price of the service offered to its customers by procuring electric generation services contracts in the manner prescribed in a plan approved by the [department] Department of Energy. Such plan shall require the procurement of a portfolio of service contracts sufficient to meet the projected load of the electric distribution company. Such plan shall require that the portfolio of service contracts be procured in an overlapping pattern of fixed periods at such times and in such manner and duration as the department determines to be most likely to produce just, reasonable and reasonably stable retail rates while reflecting underlying wholesale market prices over time. The portfolio of contracts shall be assembled in such manner as to invite competition; guard against favoritism, improvidence, extravagance, fraud and corruption; and secure a reliable electricity supply while avoiding unusual, anomalous or excessive pricing. The portfolio of contracts procured under such plan shall be for terms of not less than six months, provided contracts for shorter periods may be procured under such conditions as the department shall prescribe to (A) ensure the lowest rates possible for end-use customers; (B) ensure reliable service under extraordinary circumstances; and (C) ensure the prudent management of the contract portfolio. An electric distribution company may receive a bid for an electric generation services contract from any of its generation entities or affiliates, provided such generation entity or affiliate submits its bid the business day preceding the first day on which an unaffiliated electric supplier may submit its bid and further provided the electric distribution company and the generation entity or affiliate are in compliance with the code of conduct established in section 16-244h.

(4) The [department] Department of Energy, in consultation with the Office of Consumer Counsel, shall retain the services of a third-party entity with expertise in the area of energy procurement to oversee the initial development of the request for proposals and the procurement of contracts by an electric distribution company for the provision of electric generation services offered pursuant to this subsection. Costs associated with the retention of such third-party entity shall be included in the cost of electric generation services that is included in such price.

(5) Each bidder for a standard service contract shall submit its bid to the electric distribution company and the third-party entity who shall jointly review the bids and submit an overview of all bids together with a joint recommendation to the [department] Department of Energy as to the preferred bidders. The department may, within ten business days of submission of the overview, reject the recommendation regarding preferred bidders. In the event that the department rejects the preferred bids, the electric distribution company and the third-party entity shall rebid the service pursuant to this subdivision.

Sec. 47. Subsection (d) of section 16-244c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(d) (1) Notwithstanding the provisions of this section regarding the electric generation services component of the transitional standard offer or the procurement of electric generation services under standard service, section 16-244h or 16-245o, the Department of Public Utility Control in consultation with the Department of Energy may, from time to time, direct an electric distribution company to offer, through an electric supplier or electric suppliers, before January 1, 2007, one or more alternative transitional standard offer options or, on or after January 1, 2007, one or more alternative standard service options. Such alternative options shall include, but not be limited to, an option that consists of the provision of electric generation services that exceed the renewable portfolio standards established in section 16-245a and may include an option that utilizes strategies or technologies that reduce the overall consumption of electricity of the customer.

(2) (A) The [department] Department of Energy shall develop such alternative option or options. [in a contested case conducted in accordance with the provisions of chapter 54.] The department shall determine the terms and conditions of such alternative option or options, including, but not limited to, (i) the minimum contract terms, including pricing, length and termination of the contract, and (ii) the minimum percentage of electricity derived from Class I or Class II renewable energy sources, if applicable. The electric distribution company shall, under the supervision of the department, subsequently conduct a bidding process in order to solicit electric suppliers to provide such alternative option or options.

(B) The [department] Department of Energy may reject some or all of the bids received pursuant to the bidding process.

(3) The [department] Department of Energy may require an electric supplier to provide forms of assurance to satisfy the department that the contracts resulting from the bidding process will be fulfilled.

(4) An electric supplier who fails to fulfill its contractual obligations resulting from this subdivision shall be subject to civil penalties, in accordance with the provisions of section 16-41, or the suspension or revocation of such supplier's license or a prohibition on the acceptance of new customers, following a hearing that is conducted as a contested case by the Department of Public Utility Control, in accordance with the provisions of chapter 54.

Sec. 48. Subsection (f) of section 16-244c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(f) On and after January 1, 2000, and until such time the regional independent system operator implements procedures for the provision of back-up power to the satisfaction of the Department of Public Utility Control, each electric distribution company shall provide electric generation services to any customer who has entered into a service contract with an electric supplier that fails to provide electric generation services for reasons other than the customer's failure to pay for such services. Between January 1, 2000, and December 31, 2006, an electric distribution company may procure electric generation services through a competitive bidding process or through any of its generation entities or affiliates. On and after January 1, 2007, such company shall procure electric generation services through a competitive bidding process pursuant to a plan submitted by the electric distribution company and approved by the [department] Department of Energy. Such company may procure electric generation services through any of its generation entities or affiliates, provided such entity or affiliate is the lowest qualified bidder and provided further any such entity or affiliate is licensed pursuant to section 16-245.

Sec. 49. Subdivision (2) of subsection (j) of section 16-244c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(2) Notwithstanding the provisions of subsection (d) of this section regarding an alternative transitional standard offer option or an alternative standard service option, an electric distribution company providing transitional standard offer service, standard service, supplier of last resort service or back-up electric generation service in accordance with this section shall, not later than July 1, 2008, file with the Department of Public Utility Control for its approval one or more long-term power purchase contracts from Class I renewable energy source projects that receive funding from the Renewable Energy Investment Fund and that are not less than one megawatt in size, at a price that is either, at the determination of the project owner, (A) not more than the total of the comparable wholesale market price for generation plus five and one-half cents per kilowatt hour, or (B) fifty per cent of the wholesale market electricity cost at the point at which transmission lines intersect with each other or interface with the distribution system, plus the project cost of fuel indexed to natural gas futures contracts on the New York Mercantile Exchange at the natural gas pipeline interchange located in Vermillion Parish, Louisiana that serves as the delivery point for such futures contracts, plus the fuel delivery charge for transporting fuel to the project, plus five and one-half cents per kilowatt hour. In its approval of such contracts, the department shall give preference to purchase contracts from those projects that would provide a financial benefit to ratepayers or would enhance the reliability of the electric transmission system of the state, consistent with the Department of Energy's integrated resources plan developed pursuant to section 50 of this act. Such projects shall be located in this state. The owner of a fuel cell project principally manufactured in this state shall be allocated all available air emissions credits and tax credits attributable to the project and no less than fifty per cent of the energy credits in the Class I renewable energy credits program established in section 16-245a attributable to the project. Such contracts shall be comprised of not less than a total, apportioned among each electric distribution company, of one hundred megawatts. The cost of such contracts and the administrative costs for the procurement of such contracts directly incurred shall be eligible for inclusion in the adjustment to the transitional standard offer as provided in this section and any subsequent rates for standard service, provided such contracts are for a period of time sufficient to provide financing for such projects, but not less than ten years, and are for projects which began operation on or after July 1, 2003. Except as provided in this subdivision, the amount from Class I renewable energy sources contracted under such contracts shall be applied to reduce the applicable Class I renewable energy source portfolio standards. For purposes of this subdivision, the department's determination of the comparable wholesale market price for generation shall be based upon a reasonable estimate.

Sec. 50. (NEW) (Effective July 1, 2007) (a) Not later than January 1, 2008, and annually thereafter, the Department of Energy, in consultation with the electric distribution companies, the regional independent system operator, the Siting Council, the Department of Public Utility Control and entities in the state who own electric generating facilities, shall develop a revised integrated resource plan that analyzes, over the subsequent ten years, the state's electricity generation, transmission and demand-side resources and programs. The plan shall address system-wide needs and the needs in specific areas to ensure the reliability of the system and the affordability of electricity in the state. Each plan shall include information that serves as an input for improving the design of the regional markets, improving the economic performance of the system and identifying areas in which market-based solutions can be used to meet these economic needs. Each plan shall specify for the subsequent ten years: (1) The total amount of resources needed to meet the state's customer peak demand, (2) the location, fuel source and type of resources, including, but not limited to, demand-side measures, including demand response, conservation measures, efficiency and load management programs, peaking, intermediate and baseload generation, that need to be adjusted or created.

(b) Each plan developed pursuant to subsection (a) of this section shall identify: (1) Types and locations for generation that will optimize the generation portfolio within the state; (2) the mix of baseload, cycling and peaking generation; (3) fuel types, diversity, availability, firmness of supply and security and environmental impacts thereof; (4) reliability, peak load and energy forecasts, system contingencies and existing resource availabilities; and (5) import limitations and the appropriate reliance on such imports.

(c) Each plan developed pursuant to subsection (a) of this section shall also analyze how procurement of identified resources should be adjusted, if necessary, to reduce or stabilize rates. The plan shall consider if it is in the best interest of customers, how the new resources would be integrated into the standard service power supply for customers and the impact of the plan on rates of electric customers, including, but not limited to, effects on capacity and energy costs, rate stability, affordability for low-income customers, the potential to displace reliability must-run contracts, locational installed capacity and other federally mandated congestion charges. The Department of Energy shall hold three public hearings on the draft plan and provide an opportunity for interested parties to submit comments to the department regarding said plan.

Sec. 51. Subsection (a) of section 16-245l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of Public Utility Control shall establish and each electric distribution company shall collect a systems benefits charge to be imposed against all end use customers of each electric distribution company beginning January 1, 2000. The department shall hold a hearing that shall be conducted as a contested case in accordance with chapter 54 to establish the amount of the systems benefits charge. The department may revise the systems benefits charge or any element of said charge as the need arises. The systems benefits charge shall be used to fund (1) the expenses of the public education outreach program developed under subsections (a), (f) and (g) of section 16-244d, as amended by this act, other than expenses for department staff, (2) the reasonable and proper expenses of the education outreach consultant pursuant to subsection (d) of section 16-244d, as amended by this act, (3) the cost of hardship protection measures under sections 16-262c, as amended by this act, and 16-262d and other hardship protections, including, but not limited to, electric service bill payment programs, funding and technical support for energy assistance, fuel bank and weatherization programs and weatherization services, (4) the payment program to offset tax losses described in section 12-94d, (5) any sums paid to a resource recovery authority pursuant to subsection (b) of section 16-243e, (6) low income conservation programs approved by the Department of Public Utility Control, (7) displaced worker protection costs, (8) unfunded storage and disposal costs for spent nuclear fuel generated before January 1, 2000, approved by the appropriate regulatory agencies, (9) postretirement safe shutdown and site protection costs that are incurred in preparation for decommissioning, (10) decommissioning fund contributions, (11) the costs of temporary electric generation facilities incurred pursuant to section 16-19ss, (12) [operating] expenses for the [Connecticut Energy Advisory Board] Department of Energy for technical consultants as may be required to fulfill its responsibilities for the development of an integrated resource plan established in section 50 of this act, and (13) legal, appraisal and purchase costs of a conservation or land use restriction and other related costs as the department in its discretion deems appropriate, incurred by a municipality on or before January 1, 2000, to ensure the environmental, recreational and scenic preservation of any reservoir located within this state created by a pump storage hydroelectric generating facility. As used in this subsection, "displaced worker protection costs" means the reasonable costs incurred, prior to January 1, 2008, (A) by an electric supplier, exempt wholesale generator, electric company, an operator of a nuclear power generating facility in this state or a generation entity or affiliate arising from the dislocation of any employee other than an officer, provided such dislocation is a result of (i) restructuring of the electric generation market and such dislocation occurs on or after July 1, 1998, or (ii) the closing of a Title IV source or an exempt wholesale generator, as defined in 15 USC 79z-5a, on or after January 1, 2004, as a result of such source's failure to meet requirements imposed as a result of sections 22a-197 and 22a-198 and this section or those Regulations of Connecticut State Agencies adopted by the Department of Environmental Protection, as amended from time to time, in accordance with Executive Order Number 19, issued on May 17, 2000, and provided further such costs result from either the execution of agreements reached through collective bargaining for union employees or from the company's or entity's or affiliate's programs and policies for nonunion employees, and (B) by an electric distribution company or an exempt wholesale generator arising from the retraining of a former employee of an unaffiliated exempt wholesale generator, which employee was involuntarily dislocated on or after January 1, 2004, from such wholesale generator, except for cause. "Displaced worker protection costs" includes costs incurred or projected for severance, retraining, early retirement, outplacement, coverage for surviving spouse insurance benefits and related expenses. "Displaced worker protection costs" does not include those costs included in determining a tax credit pursuant to section 12-217bb.

Sec. 52. Subsection (c) of section 16-245m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(c) The Department of [Public Utility Control] Energy shall appoint and convene [an Energy Conservation Management Board] a Conservation Advisory Board, which shall include representatives of: (1) An environmental group knowledgeable in energy conservation program collaboratives; (2) the Office of Consumer Counsel; (3) the Attorney General; (4) the Department of Environmental Protection; (5) the electric distribution companies in whose territories the activities take place for such programs; (6) a state-wide manufacturing association; (7) a chamber of commerce; (8) a state-wide business association; (9) a state-wide retail organization; (10) a representative of a municipal electric energy cooperative created pursuant to chapter 101a; (11) two representatives selected by the gas companies in this state; [and] (12) residential customers; and (13) a representative of retail heating oil dealers. Such members shall serve for a period of five years and may be reappointed. Representatives of the gas companies shall not vote on matters unrelated to gas conservation. Representatives of the electric distribution companies and the municipal electric energy cooperative shall not vote on matters unrelated to electricity conservation. Representatives of the heating oil dealers shall not vote on matters unrelated to petroleum heating fuels conservation.

Sec. 53. Subsection (d) of section 16-245m of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(d) (1) The [Energy Conservation Management Board] Conservation Advisory Board shall advise and assist the electric distribution companies in the development and implementation of a comprehensive plan, which plan shall be approved by the Department of [Public Utility Control] Energy, to implement cost-effective energy conservation programs and market transformation initiatives. The plan shall be consistent with the comprehensive energy plan approved by the [Connecticut Energy Advisory Board] Commissioner of Energy pursuant to section [16a-7a] 50 of this act at the time of submission to the department. Each program contained in the plan shall be reviewed by the electric distribution company and either accepted or rejected by the [Energy Conservation Management Board] Conservation Advisory Board prior to submission to the department for approval. The [Energy Conservation Management Board] Conservation Advisory Board shall, as part of its review, examine opportunities to offer joint programs providing similar efficiency measures that save more than one fuel resource or otherwise to coordinate programs targeted at saving more than one fuel resource. Any costs for joint programs shall be allocated equitably among the conservation programs. The [Energy Conservation Management Board] Conservation Advisory Board shall give preference to projects that maximize the reduction of federally mandated congestion charges.

(2) There shall be a joint committee of the [Energy Conservation Management Board] Conservation Advisory Board and the Renewable Energy Investments Advisory Committee. The board and the advisory committee shall each appoint members to such joint committee. The joint committee shall examine opportunities to coordinate the programs and activities funded by the Renewable Energy Investment Fund pursuant to section 16-245n with the programs and activities contained in the plan developed under this subsection to reduce the long-term cost, environmental impacts and security risks of energy in the state. Such joint committee shall hold its first meeting on or before August 1, 2005.

(3) Programs included in the plan developed under subdivision (1) of subsection (d) of this section shall be screened through cost-effectiveness testing which compares the value and payback period of program benefits to program costs to ensure that programs are designed to obtain energy savings and system benefits, including mitigation of federally mandated congestion charges, whose value is greater than the costs of the programs. Cost-effectiveness testing shall utilize available information obtained from real-time monitoring systems to ensure accurate validation and verification of energy use. Program cost-effectiveness shall be reviewed annually, or otherwise as is practicable. If a program is determined to fail the cost-effectiveness test as part of the review process, it shall either be modified to meet the test or shall be terminated. On or before March 1, 2005, and on or before March first annually thereafter, the board shall provide a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment (A) that documents expenditures and fund balances and evaluates the cost-effectiveness of such programs conducted in the preceding year, and (B) that documents the extent to and manner in which the programs of such board collaborated and cooperated with programs, established under section 7-233y, of municipal electric energy cooperatives. To maximize the reduction of federally mandated congestion charges, programs in the plan may allow for disproportionate allocations between the amount of contributions to the Energy Conservation and Load Management Funds by a certain rate class and the programs that benefit such a rate class. Before conducting such evaluation, the board shall consult with the Renewable Energy Investments Advisory Committee. The report shall include a description of the activities undertaken during the reporting period jointly or in collaboration with the Renewable Energy Investment Fund established pursuant to subsection (c) of section 16-245n.

(4) Programs included in the plan developed under subdivision (1) of subsection (d) of this section may include, but not be limited to: (A) Conservation and load management programs, including programs that benefit low-income individuals; (B) research, development and commercialization of products or processes which are more energy-efficient than those generally available; (C) development of markets for such products and processes; (D) support for energy use assessment, real-time monitoring systems, engineering studies and services related to new construction or major building renovation; (E) the design, manufacture, commercialization and purchase of energy-efficient appliances and heating, air conditioning and lighting devices; (F) program planning and evaluation; (G) indoor air quality programs relating to energy conservation; (H) joint fuel conservation initiatives programs targeted at reducing consumption of more than one fuel resource; and (I) public education regarding conservation. Such support may be by direct funding, manufacturers' rebates, sale price and loan subsidies, leases and promotional and educational activities. The plan shall also provide for expenditures by the [Energy Conservation Management Board] Conservation Advisory Board for the retention of expert consultants and reasonable administrative costs provided such consultants shall not be employed by, or have any contractual relationship with, an electric distribution company. Such costs shall not exceed five per cent of the total revenue collected from the assessment.

Sec. 54. Subsection (f) of section 16-245m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(f) No later than December 31, 2006, and no later than December thirty-first every five years thereafter, the [Energy Conservation Management Board] Conservation Advisory Board shall, after consulting with the Renewable Energy Investments Advisory Committee, conduct an evaluation of the performance of the programs and activities of the fund and submit a report, in accordance with the provisions of section 11-4a, of the evaluation to the joint standing committee of the General Assembly having cognizance of matters relating to energy and to the Department of Energy.

Sec. 55. Subsection (d) of section 16-245n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(d) The chairperson of the board of directors of Connecticut Innovations, Incorporated, shall convene a Renewable Energy Investments Advisory Committee to assist Connecticut Innovations, Incorporated, in matters related to the Renewable Energy Investment Fund, including, but not limited to, development of a comprehensive plan and expenditure of funds. The advisory committee shall, in such plan, give preference to projects that maximize the reduction of federally mandated congestion charges. The plan shall be consistent with the comprehensive energy plan approved by the [Connecticut Energy Advisory Board] Commissioner of Energy pursuant to section [16a-7a] 50 of this act. The advisory committee shall include not more than twelve individuals with knowledge and experience in matters related to the purpose and activities of said fund. The advisory committee shall consist of the following members: (1) One person with expertise regarding renewable energy resources appointed by the speaker of the House of Representatives; (2) one person representing a state or regional organization primarily concerned with environmental protection appointed by the president pro tempore of the Senate; (3) one person with experience in business or commercial investments appointed by the majority leader of the House of Representatives; (4) one person representing a state or regional organization primarily concerned with environmental protection appointed by the majority leader of the Senate; (5) one person with experience in business or commercial investments appointed by the minority leader of the House of Representatives; (6) one person with experience in business or commercial investments appointed by the minority leader of the Senate; (7) two state officials with experience in matters relating to energy policy and one person with expertise regarding renewable energy resources appointed by the Governor; and (8) three persons with experience in business or commercial investments appointed by the board of directors of Connecticut Innovations, Incorporated. The advisory committee shall issue annually a report to such chairperson reviewing the activities of the fund in detail and shall provide a copy of such report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to energy, the Department of Energy, the Department of Public Utility Control and the Office of Consumer Counsel. The report shall include a description of the programs and activities undertaken during the reporting period jointly or in collaboration with the Energy Conservation and Load Management Funds established pursuant to section 16-245m.

Sec. 56. Section 16-245n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) For purposes of this section, "renewable energy" means solar energy, wind, ocean thermal energy, wave or tidal energy, fuel cells, landfill gas, hydrogen production and hydrogen conversion technologies, low emission advanced biomass conversion technologies, usable electricity from combined heat and power systems with waste heat recovery systems, thermal storage systems and other energy resources and emerging technologies which have significant potential for commercialization and which do not involve the combustion of coal, petroleum or petroleum products, municipal solid waste or nuclear fission.

(b) On and after July 1, 2004, the Department of Public Utility Control shall assess or cause to be assessed a charge of not less than one mill per kilowatt hour charged to each end use customer of electric services in this state which shall be deposited into the Renewable Energy Investment Fund established under subsection (c) of this section. Notwithstanding the provisions of this section, receipts from such charges shall be disbursed to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005, unless the department shall, on or before October 30, 2003, issue a financing order for each affected distribution company in accordance with sections 16-245e to 16-245k, inclusive, to sustain funding of renewable energy investment programs by substituting an equivalent amount, as determined by the department in such financing order, of proceeds of rate reduction bonds for disbursement to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005. The department may authorize in such financing order the issuance of rate reduction bonds that substitute for disbursement to the General Fund for receipts of both charges under this subsection and subsection (a) of section 16-245m and also may in its discretion authorize the issuance of rate reduction bonds under this subsection and subsection (a) of section 16-245m that relate to more than one electric distribution company. The department shall, in such financing order or other appropriate order, offset any increase in the competitive transition assessment necessary to pay principal, premium, if any, interest and expenses of the issuance of such rate reduction bonds by making an equivalent reduction to the charges imposed under this subsection, provided any failure to offset all or any portion of such increase in the competitive transition assessment shall not affect the need to implement the full amount of such increase as required by this subsection and sections 16-245e to 16-245k, inclusive. Such financing order shall also provide if the rate reduction bonds are not issued, any unrecovered funds expended and committed by the electric distribution companies for renewable resource investment through deposits into the Renewable Energy Investment Fund, provided such expenditures were approved by the department following August 20, 2003, and prior to the date of determination that the rate reduction bonds cannot be issued, shall be recovered by the companies from their respective competitive transition assessment or systems benefits charge except that such expenditures shall not exceed one million dollars per month. All receipts from the remaining charges imposed under this subsection, after reduction of such charges to offset the increase in the competitive transition assessment as provided in this subsection, shall be disbursed to the Renewable Energy Investment Fund commencing as of July 1, 2003. Any increase in the competitive transition assessment or decrease in the renewable energy investment component of an electric distribution company's rates resulting from the issuance of or obligations under rate reduction bonds shall be included as rate adjustments on customer bills.

(c) There is hereby created a Renewable Energy Investment Fund which shall be administered by [Connecticut Innovations, Incorporated] the Commissioner of Energy. The fund may receive any amount required by law to be deposited into the fund and may receive any federal funds as may become available to the state for renewable energy investments. [Connecticut Innovations, Incorporated,] The commissioner may use any amount in said fund for expenditures which promote investment in renewable energy sources in accordance with a comprehensive plan developed by it to foster the growth, development and commercialization of renewable energy sources, related enterprises and stimulate demand for renewable energy and deployment of renewable energy sources which serve end use customers in this state. Such expenditures may include, but not be limited to, grants, direct or equity investments, contracts or other actions which support research, development, manufacture, commercialization, deployment and installation of renewable energy technologies, and actions which expand the expertise of individuals, businesses and lending institutions with regard to renewable energy technologies.

(d) [The chairperson of the board of directors of Connecticut Innovations, Incorporated, shall convene] There shall continue to be a Renewable Energy Investments Advisory Committee, [to assist Connecticut Innovations, Incorporated,] which shall assist the Commissioner of Energy in matters related to the Renewable Energy Investment Fund, including, but not limited to, development of a comprehensive plan and expenditure of funds. The advisory committee shall, in such plan, give preference to projects that maximize the reduction of federally mandated congestion charges. The plan shall be consistent with the comprehensive energy plan approved by the Connecticut Energy Advisory Board pursuant to section 16a-7a. The advisory committee shall include not more than twelve individuals with knowledge and experience in matters related to the purpose and activities of said fund. The advisory committee shall consist of the following members: (1) One person with expertise regarding renewable energy resources appointed by the speaker of the House of Representatives; (2) one person representing a state or regional organization primarily concerned with environmental protection appointed by the president pro tempore of the Senate; (3) one person with experience in business or commercial investments appointed by the majority leader of the House of Representatives; (4) one person representing a state or regional organization primarily concerned with environmental protection appointed by the majority leader of the Senate; (5) one person with experience in business or commercial investments appointed by the minority leader of the House of Representatives; (6) one person with experience in business or commercial investments appointed by the minority leader of the Senate; (7) two state officials with experience in matters relating to energy policy and one person with expertise regarding renewable energy resources appointed by the Governor; and (8) three persons with experience in business or commercial investments appointed by the board of directors of Connecticut Innovations, Incorporated. The advisory committee shall issue annually a report to [such chairperson] the commissioner reviewing the activities of the fund in detail and shall provide a copy of such report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to energy, the Department of Public Utility Control and the Office of Consumer Counsel. The report shall include a description of the programs and activities undertaken during the reporting period jointly or in collaboration with the Energy Conservation and Load Management Funds established pursuant to section 16-245m.

(e) There shall be a joint committee of the Energy Conservation Management Board and the Renewable Energy Investments Advisory Committee, as provided in subdivision (2) of subsection (d) of section 16-245m.

(f) No later than December 31, 2006, and no later than December thirty-first every five years thereafter, the advisory committee shall, after consulting with the Energy Conservation Management Board, conduct an evaluation of the performance of the programs and activities of the fund and submit a report, in accordance with the provisions of section 11-4a, of the evaluation to the joint standing committee of the General Assembly having cognizance of matters relating to energy.

Sec. 57. (NEW) (Effective from passage) The Commissioner of Energy may enter into any agreements with Connecticut Innovations, Incorporated, that the commissioner deems necessary to facilitate the transfer of the Renewable Energy Investment Fund, established pursuant to subsection (c) of section 16-245 of the general statutes, from Connecticut Innovations, Incorporated, to the Department of Energy.

Sec. 58. Subsection (a) of section 16-245p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) An electric supplier and an electric distribution company providing standard service or back-up electric generation service, pursuant to section 16-244c, shall submit information to the Department of Public Utility Control that the department, after consultation with the [Consumer Education Advisory Council, established under section 16-244d] Department of Energy, determines will assist customers in making informed decisions when choosing an electric supplier, including, but not limited to, the information provided in subsection (b) of this section. Each supplier or electric distribution company providing standard service or back-up electric generation service, pursuant to section 16-244c, shall, at such times as the department requires, but not less than annually, submit in a form prescribed by the department, information that the department must make available pursuant to subsection (b) of this section and any other information the department considers relevant. After the department has received the information required pursuant to this subsection, the supplier shall be eligible to receive customer marketing information from electric or electric distribution companies, as provided in section 16-245o.

Sec. 59. Section 16-245t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [Department of Public Utility Control] Office of Consumer Counsel shall be responsible for receiving and acting upon customer inquiries and complaints regarding electric suppliers, as defined in section 16-1. The [department] Office of Consumer Counsel shall establish a toll-free telephone number for such purposes. Customers of any electric supplier having complaints regarding disputed bills, terminations of service or adequacy of service may bring their complaints to the department pursuant to any provision in section 16-20, sections 16-262c, as amended by this act, to 16-262j, inclusive, or the regulations adopted to implement those sections.

(b) Nothing contained in this section shall be construed so as to restrict the right of any person to pursue any other remedy available to the person under law.

Sec. 60. Section 16-245u of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of Public Utility Control, in consultation with the Department of Energy, shall monitor the market for electric generation services and electric distribution services to end use customers and take actions to prevent unfair or deceptive trade practices, anticompetitive or discriminatory conduct, and the unlawful exercise of market power.

(b) (1) Upon complaint or upon its own motion, for cause shown, the [department] Department of Public Utility Control shall conduct an investigation of any possible anticompetitive or discriminatory conduct affecting the retail sale of electricity or any unfair or deceptive trade practices. Such investigations may include, but are not limited to, the effect of mergers, consolidations, acquisition and disposition of assets or securities of electric suppliers, as defined in section 16-1, or transmission congestion on the proper functioning of a fully competitive market.

(2) The [department] Department of Public Utility Control may require an electric supplier to provide information, including documents and testimony, in accordance with the procedures contained in subsection (a) of section 16-8 and section 16-8c.

(3) Confidential, proprietary or trade secret information provided under this section may be submitted under a duly granted protective order. Any hearings that may be held during the course of the investigation may also be conducted in camera to prevent the inadvertent revelation of such confidential information.

(4) The Department of Energy, the Office of the Attorney General and the Office of Consumer Counsel shall have the right to participate in such investigations under appropriate nondisclosure agreements.

(5) At the conclusion of the investigation, and notwithstanding any previously granted protective orders, if the [department] Department of Public Utility Control finds that facts exist that indicate any violation of state or federal law, it shall transmit such written findings along with supporting information gathered in its investigation to appropriate enforcement officials. Such referrals may recommend that further investigation be made or that immediate enforcement procedures be initiated. Such referrals may be made to the Office of the Attorney General, the Department of Consumer Protection, the United States Department of Justice, the Securities and Exchange Commission, the Federal Energy Regulatory Commission, or any other appropriate enforcement agency. The [department] Department of Public Utility Control may intervene as permitted by law in any proceeding initiated under this subsection. The results of such investigations may also serve as a basis for department sanctions, after notice and hearing, under subsection (l) of section 16-245.

(c) Nothing contained in this section shall be construed so as to restrict the right of any person to pursue any other remedy available to the person under law.

Sec. 61. Section 16-245x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of [Public Utility Control] Energy shall, in consultation with the Department of Public Utility Control and the Office of Consumer Counsel, monitor on an on-going basis the state of competition, as it exists and as it is likely to evolve, and the average total rates of each customer class. Not later than January 1, 2002, and annually thereafter, the [department] Department of Energy shall report its findings to the joint standing committee of the General Assembly having cognizance of matters relating to energy.

(b) (1) As used in this subdivision, "total average residential rate" means the total residential revenues divided by total residential kilowatt hour sales, and "total average industrial rate" means the total industrial revenues divided by total industrial kilowatt hour sales. At least annually, the [department] Department of Energy shall compute the rate differential for electric service between residential and industrial customers by comparing the total average residential rate and the total average industrial rate, based on filings made by electric suppliers and electric distribution companies with the Federal Energy Regulatory Commission or the department. The rate differential shall be the difference between the total average residential rate and the total average industrial rates, divided by the total average residential rate.

(2) If the [department] Department of Energy determines that the rate differential for electric service between residential and industrial customers has increased by three percentage points or more from the rate differential that existed on January 1, 1998, the department shall institute an investigatory proceeding in which the Department of Public Utility Control and the Office of the Consumer Counsel shall participate. Not more than ninety days after the official commencement of the proceeding, the department shall issue written findings that identify the factors or circumstances that contributed to such increase in the rate differential. If the [department] Department of Energy finds that such increase is a result of a violation of this title or of other state or federal laws, [the] said department shall refer the matter to the Department of Public Utility Control, which shall take appropriate enforcement action or refer such violation to the appropriate state or federal authority. If the [department] Department of Energy finds that such increase is due to factors or circumstances other than a violation of state or federal law, [the] said department shall take action in accordance with methods of allocation in effect on January 1, 1997, to minimize to the greatest extent possible such differential to less than three percentage points, within the authority granted to the department pursuant to section 16-7, subsection (a) or (b) of section 16-8, section 16-8c, 16-9, 16-10, 16-10a, 16-15, 16-19, 16-19a, subsection (g) of section 16-19b, section 16-19e, 16-19f, 16-19gg, 16-19hh, 16-19kk, 16-20, 16-21, 16-24, 16-28, 16-32, 16-41, 16-244c 16-245, 16-245g or 16-245l, provided any action taken by the [department] Department of Public Utility Control shall be in compliance with the principles set forth in section 16-244, and provided further the department shall not allow inter or intra-class rate subsidization.

(3) Not later than January first, as applicable, the [department] Department of Energy shall report its findings described in subdivisions (1) and (2) of this subsection, including a description of the factors or circumstances that contributed to such increase in the rate differential and a description of actions taken by [the] said department, along with any legislative recommendations to minimize such differential to less than three percentage points without creating intra or inter class rate subsidization, to members of the joint standing committee of the General Assembly having cognizance of matters relating to energy.

(c) Each electric distribution company shall submit, on a form prescribed by the [department] Department of Energy, quarterly reports containing (1) the average price for electric service for each customer class, and (2) separately within the residential class, the price for electric service under the standard offer, as provided in subsection (a) of section 16-244c and the price for default service, as provided in subsection (b) of said section 16-244c.

(d) The [department] Department of Energy shall require electric distribution companies and electric suppliers to supply to [the] said department whatever pricing information the department needs to complete its reporting and monitoring requirements under this section. The department may grant confidential status to certain data if a valid claim is made that the information is competitively sensitive, provided composite numbers shall be public information. Any electric distribution company or electric supplier that fails to provide information requested by the department more than thirty days after the department makes such request shall be subject to enforcement measures under this title. The department may adopt regulations pursuant to chapter 54 to implement the provisions of this subsection.

Sec. 62. Section 16-245y of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Not later than October 1, 1999, and annually thereafter, each electric company and electric distribution company, as defined in section 16-1, shall report to the Department of [Public Utility Control] Energy its system average interruption duration index (SAIDI) and its system average interruption frequency index (SAIFI) for the preceding twelve months. For purposes of this section: (1) Interruptions shall not include outages attributable to major storms, scheduled outages and outages caused by customer equipment, each as determined by the department; (2) SAIDI shall be calculated as the sum of customer interruptions in the preceding twelve-month period, in minutes, divided by the average number of customers served during that period; and (3) SAIFI shall be calculated as the total number of customers interrupted in the preceding twelve-month period, divided by the average number of customers served during that period. Not later than January 1, 2000, and annually thereafter, the department shall report on the SAIDI and SAIFI data for each electric company and electric distribution, and all state-wide SAIDI and SAIFI data to the joint standing committee of the General Assembly having cognizance of matters relating to energy.

(b) Not later than October 1, 1999, and annually thereafter, each electric supplier, as defined in section 16-1, shall report to the Department of Public Utility Control and the Department of Environmental Protection the following information regarding the preceding twelve-month period or any part thereof that the supplier has been licensed pursuant to section 16-245: (1) Total megawatt hours of electricity produced from generating facilities owned by the supplier or under long-term contract to the supplier that are sold to end use customers in the state; (2) total megawatt hours of electricity purchased by the supplier from other sources and sold to end use customers in the state; (3) the proportion of such production from facilities listed under subdivision (1) of this subsection that use nuclear fuels, oil, coal, natural gas, hydropower and other fuels as the principal generation fuel; and (4) the amount of emissions from facilities listed under subdivision (1) of this subsection of the pollutants identified by the Department of Environmental Protection, which shall include, but not be limited to: (A) Volatile organic compounds; (B) nitrogen oxides; (C) sulfur oxides; (D) carbon dioxide; (E) carbon monoxide; (F) particulates; and (G) heavy metals. Not later than January 1, 2000, and annually thereafter, the Department of Environmental Protection, in consultation with the Department of Public Utility Control, shall report state-wide data for these variables to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and energy.

(c) Not later than January 1, 1999, and annually thereafter until January 1, 2005, the Department of Public Utility Control shall report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and labor the number of dislocated workers contained on the roster established pursuant to section 16-245v and the number of such workers hired by electric suppliers in the preceding twelve months.

(d) Not later than January 1, 1999, and annually thereafter, the Department of Public Utility Control shall report to the joint standing committee of the General Assembly having cognizance of matters relating to energy the number of applicants for licensure pursuant to section 16-245 during the preceding twelve months, the number of applicants licensed by the department and the average period of time taken to process a license application.

Sec. 63. Section 16-245z of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Not later than October 1, 2005, the Department of Public Utility Control, the Department of Energy and the [Energy Conservation Management Board] Conservation Advisory Board, established in section 16-245m, as amended by this act, shall establish links on their Internet web sites to the Energy Star program or successor program that promotes energy efficiency and each electric distribution company shall establish a link under its conservation programs on its Internet web site to the Energy Star program or such successor program.

Sec. 64. Section 16-246e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Governor may designate the Department of Public Utility Control or the Department of Energy as the agent of the state, subject only to the limitation under subsection (b) of this section, to conduct negotiations and perform all acts necessary to procure electric power capacity, power output from such capacity or both from any out-of-state electric power producer, to transmit it to within the state and to sell or resell it on a nonprofit basis for distribution within the state to electric companies, as defined in section 16-1, municipal electric utilities established under chapter 101, municipal electric energy cooperatives organized under chapter 101a, membership electric cooperatives organized under chapter 597 and such other persons or entities as may be designated by the governor. [The department, if] If designated as such agent, the Department of Energy or the Department of Public Utility Control shall arrange for the sale or resale of such power on an equitable basis and in such manner as it finds will most effectively promote the objectives of this title, chapters 101, 101a and 597, and section 16a-35k, subject to any conditions or limitations imposed by the out-of-state electric power producer selling such power. [The department, if] If so designated, the Department of Energy or the Department of Public Utility Control may also enter into any contracts or other arrangements for the sale or resale of such power for transmission outside the state if such sale or resale is reasonably incidental to and furthers the needs of the state and the purposes of this section.

(b) [The department shall submit any] Any final action [it takes] taken under subsection (a) of this section shall be submitted to the Governor, who may, not later than sixty days after such submission, disapprove such action by notifying the submitting department in writing of such disapproval and the reasons for it.

Sec. 65. Section 16-261a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) There is established an interagency task force to study electric and magnetic fields. The task force shall determine the appropriate role of the state in addressing the potential problems associated with electric and magnetic fields and may make recommendations to the General Assembly regarding any legislation which it deems appropriate. The task force shall consist of (1) the Commissioner of Public Health or [his] the commissioner's designee; (2) the Commissioner of Environmental Protection or [his] the commissioner's designee; (3) the Commissioner of Economic and Community Development or [his] the commissioner's designee; (4) the [Secretary of the Office of Policy and Management or his] Commissioner of Energy or the commissioner's designee; (5) the chairperson of the Public Utilities Control Authority or [his] the chairperson's designee; and (6) the [chairman] chairperson of the Connecticut Siting Council or [his] the chairperson's designee.

(b) The Commissioner of Environmental Protection, in consultation with the Department of Public Health, the Department of Energy and the Department of Public Utility Control, shall assess all electric public service companies, as defined in section 16-1, for a total of one hundred fifty thousand dollars for the fiscal year ending June 30, 1992. The commissioner, in consultation with the task force, shall develop an equitable method of assessing the companies for their reasonable pro rata share of the assessment. The moneys assessed by the commissioner shall be deposited with the Treasurer and shall only be expended by the interagency electric and magnetic fields task force for the purpose of (1) contracting for the services of electric and magnetic fields experts to assist the task force in determining the need for and the development of recommendations to the public concerning prudent methods of avoiding exposure to electric and magnetic fields, and (2) reviewing and compiling the existing scientific literature concerning electric and magnetic fields to identify any significant adverse effects caused by exposure to electric and magnetic fields and to determine whether there are gaps in the existing scientific literature that could be filled by original scientific research completed in Connecticut. The task force shall submit reports of its findings and recommendations to the joint standing committees on energy and technology, public health and the environment on or before February 1, 1998.

Sec. 66. Subdivision (4) of subsection (b) of section 16-262c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(4) In order for a residential customer of a gas or electric distribution company using gas or electricity for heat to be eligible to have any moneys due and owing deducted from the customer's delinquent account pursuant to this subdivision, the company furnishing gas or electricity shall require that the customer (A) apply and be eligible for benefits available under the Connecticut energy assistance program or state appropriated fuel assistance program; (B) authorize the company to send a copy of the customer's monthly bill directly to any energy assistance agency for payment; (C) enter into and comply with an amortization agreement, which agreement is consistent with decisions and policies of the Department of Public Utility Control and the Department of Energy. Such an amortization agreement shall reduce a customer's payment by the amount of the benefits reasonably anticipated from the Connecticut energy assistance program, state appropriated fuel assistance program or other energy assistance sources. Unless the customer requests otherwise, the company shall budget a customer's payments over a twelve-month period with an affordable increment to be applied to any arrearage, provided such payment plan will not result in loss of any energy assistance benefits to the customer. If a customer authorizes the company to send a copy of his monthly bill directly to any energy assistance agency for payment, the energy assistance agency shall make payments directly to the company. If, on April thirtieth, a customer has been in compliance with the requirements of subparagraphs (A) to (C), inclusive, of this subdivision, during the period starting on the preceding November first, or from such time as the customer's account becomes delinquent, the company shall deduct from such customer's delinquent account an additional amount equal to the amount of money paid by the customer between the preceding November first and April thirtieth and paid on behalf of the customer through the Connecticut energy assistance program and state appropriated fuel assistance program. Any customer in compliance with the requirements of subparagraphs (A) to (C), inclusive, of this subdivision, on April thirtieth who continues to comply with an amortization agreement through the succeeding October thirty-first, shall also have an amount equal to the amount paid pursuant to such agreement and any amount paid on behalf of such customer between May first and the succeeding October thirty-first deducted from the customer's delinquent account. In no event shall the deduction of any amounts pursuant to this subdivision result in a credit balance to the customer's account. No customer shall be denied the benefits of this subdivision due to an error by the company. The Department of Public Utility Control shall allow the amounts deducted from the customer's account pursuant to the implementation plan, described in subdivision (5) of this subsection, to be recovered by the company in its rates as an operating expense, pursuant to said implementation plan. If the customer fails to comply with the terms of the amortization agreement or any decision of the department rendered in lieu of such agreement and the requirements of subparagraphs (A) to (C), inclusive, of this subdivision, the company may terminate service to the customer, pursuant to all applicable regulations, provided such termination shall not occur between November first and April fifteenth.

Sec. 67. Subdivision (5) of subsection (b) of section 16-262c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(5) Each gas and electric distribution company shall submit to the Department of Public Utility Control and the Department of Energy annually, on or before July first, an implementation plan which shall include information concerning amortization agreements, counseling, reinstatement of eligibility, rate impacts and any other information deemed relevant by the department. The Department of Public Utility Control may, in consultation with the [Office of Policy and Management] Department of Energy, approve or modify such plan within ninety days of receipt of the plan. If the department does not take any action on such plan within ninety days of its receipt, the plan shall automatically take effect at the end of the ninety-day period, provided the department may extend such period for an additional thirty days by notifying the company before the end of the ninety-day period. Any amount recovered by a company in its rates pursuant to this subsection shall not include any amount approved by the Department of Public Utility Control as an uncollectible expense. The [department] Department of Public Utility Control may deny all or part of the recovery required by this subsection if it determines that the company seeking recovery has been imprudent, inefficient or acting in violation of statutes or regulations regarding amortization agreements.

Sec. 68. Section 16-280h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Each person, firm or corporation operating a natural gas pipeline, upon receipt of a written request from the Department of Public Utility Control or the Department of Energy, shall file with the requesting department a copy of (1) each contract with a producer for the supply of natural gas for the state and each contract with a gas company, as defined in section 16-1, or any other person, firm or corporation for the transmission of natural gas to the state, or (2) the current data required to be filed with the Federal Energy Regulatory Commission concerning the cost of natural gas available for sale by the natural gas pipeline in the state, including the most recent purchased gas tariff adjustment. Each such contract or such data shall be filed with the requesting department not later than thirty days after receipt of such written request.

Sec. 69. Section 16a-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

As used in this chapter and sections 16a-45a, as amended by this act, 16a-46, as amended by this act, 16a-46a, as amended by this act, and 16a-46b, as amended by this act:

[(a) "Office" means the Office of Policy and Management;

(b) "Board" means the Connecticut Energy Advisory Board;]

[(c)] (1) "Secretary" means the Secretary of the Office of Policy and Management;

(2) "Department" means the Department of Energy;

(3) "Commissioner" means the Commissioner of Energy;

[(d)] (4) "Energy" means work or heat that is, or may be, produced from any fuel or source whatsoever;

[(e)] (5) "Energy emergency" means a situation where the health, safety or welfare of the citizens of the state is threatened by an actual or impending acute shortage in usable energy resources;

[(f)] (6) "Energy resource" means natural gas, petroleum products, coal and coal products, wood fuels, geothermal sources, radioactive materials and any other resource yielding energy;

[(g)] (7) "Person" means any individual, firm, partnership, association, syndicate, company, trust, corporation, limited liability company, municipality, agency or political or administrative subdivision of the state, or other legal entity of any kind;

[(h)] (8) "Service area" means any geographic area serviced by the same energy-producing public service company, as defined in section 16-1;

[(i)] (9) "Renewable resource" means solar, wind, water, wood or other biomass source of energy and geothermal energy;

[(j)] (10) "Energy-related products" means [(1)] (A) energy systems and equipment that utilize renewable resources to provide space heating or cooling, water heating, electricity or other useful energy, [(2)] (B) insulation materials, and [(3)] (C) equipment designed to conserve energy or increase the efficiency of its use, including that used for residential, commercial, industrial and transportation purposes;

[(k)] (11) "Energy-related services" means [(1)] (A) the design, construction, installation, inspection, maintenance, adjustment or repair of energy-related products, [(2)] (B) inspection, adjustment, maintenance or repair of any conventional energy system, [(3)] (C) the performance of energy audits or the provision of energy management consulting services, and [(4)] (D) weatherization activities carried out under any federal, state or municipal program;

[(l)] (12) "Conventional energy system" means any system for supplying space heating or cooling, ventilation or domestic or commercial hot water which is not included in [subdivision (1) of subsection (j)] subparagraph (A) of subdivision (10) of this section; and

[(m)] (13) "Energy supply" means any energy resource capable of being used to perform useful work and any form of energy such as electricity produced or derived from energy resources which may be so used.

Sec. 70. Section 16a-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Secretary of the Office of Policy and Management shall employ, subject to the provisions of chapter 67, such staff as is required for the proper discharge of duties of the office as set forth in [this chapter and] sections [4-5,] 4-124l, 4-124p, 8-3b, 8-32a, 8-33a, 8-35a, 8-189, subsection (b) of section 8-206, sections 16a-20, as amended by this act, 16a-102, as amended by this act, 22a-352 and 22a-353. The secretary may adopt, pursuant to chapter 54, such regulations as are necessary to carry out the purposes of this chapter.

Sec. 71. Section 16a-4a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Office of Policy and Management shall:

(1) Formulate and prepare state-wide or interregional plans for the physical, social and economic development of the state. Such plans may be prepared jointly or in consultation with other state, interstate, federal, regional or local agencies. Such plans may include, but need not be limited to, (A) demographic projections, (B) economic projections, (C) land use and water considerations, (D) transportation requirements, (E) environmental considerations, (F) energy capabilities and requirements, (G) public facilities, (H) labor needs and skills, (I) educational objectives, (J) housing needs, and (K) health needs;

(2) Receive for review, information and recommendations, plans proposed by any state agency acting alone or jointly which has among its duties planning responsibilities relating to those considerations set forth in subdivision (1) of this section or similar subjects;

(3) Coordinate regional and state planning activities and accomplish such planning review activities as may be necessary;

(4) Designate or redesignate logical planning regions within the state and promote and assist in the promotion and continuation of regional planning agencies under chapter 127;

(5) Provide for technical aid and the administration of financial assistance to regional planning agencies established under chapter 127 or any regional council of elected officials in any region without a regional planning agency or any regional council of governments organized under sections 4-124i to 4-124p, inclusive, under such terms and conditions as may be agreed upon by the secretary;

(6) Accept from any source funds, revenue or other consideration available to this state for interstate, state, regional, interregional or area planning activities or projects and provide for the administration of such funds, revenues or other consideration; and

(7) Make available to the public, for a reasonable fee, all reports, testing results and other material developed or procured as a result of activities authorized by this section, section 16a-14 and section 16a-14b, as amended by this act. [; and]

[(8) Provide technical assistance to municipalities that want to aggregate electric generation services.]

Sec. 72. Section 16a-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [Secretary of the Office of Policy and Management] Commissioner of Energy, with the assistance of any other state agency, if needed, shall investigate violations of chapter 296 and, in connection with the performance of his duties under this chapter and chapter 296, shall have the power to hold hearings, issue subpoenas and summon and examine witnesses under oath and issue subpoenas duces tecum for the production of books, records, vouchers, memoranda, documents, letters, tapes or other recordings or other papers or items. If any person refuses to obey a subpoena, the superior court for the judicial district of Hartford, or any judge of the court if it is not in session, shall, upon application of the [secretary] commissioner, have jurisdiction to issue to the person an order requiring him to appear before the [secretary] commissioner or to produce the books, records, vouchers, memoranda, documents, letters, tapes or other recordings or other papers or items requested.

(b) The [secretary] commissioner may, in connection with the performance of his duties under any other statute or act, apply to the superior court for the judicial district of Hartford, or to a judge of the court if the court is not in session, for a subpoena to compel the attendance and testimony under oath of witnesses or the production of books, records, vouchers, memoranda, documents, letters, tapes or other recordings or other papers or items. The court or judge shall, before issuing the subpoena, provide adequate opportunity for the [secretary] commissioner and the party against whom the subpoena is requested to be heard. No such subpoena shall be issued unless the court or judge finds that the attendance and testimony of the witness or the production of the requested material is reasonably necessary to carry out the purposes of such other statute or act and that the [secretary] commissioner has made reasonable efforts to secure the attendance, testimony and requested material without recourse to compulsory process. Such subpoena shall be served by a proper officer or indifferent person.

Sec. 73. Section 16a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Each department, office, board, commission, council or other agency of the state and each officer or employee shall cooperate with the Secretary of the Office of Policy and Management and shall furnish him such information, personnel and assistance as may be necessary or appropriate in the discharge of the responsibilities of the secretary and the board under this chapter and sections 4-5, as amended by this act, 4-124l, 4-124p, 8-3b, 8-32a, 8-33a, 8-35a, 8-189, subsection (b) of section 8-206, sections [16a-20, 16a-102,] 22a-352 and 22a-353. [The Commissioner of Motor Vehicles shall require each person applying for a license under section 14-319 to submit in his application the information which persons registering under section 16a-22d are required to submit. The commissioner shall furnish the secretary with this information.]

Sec. 74. (NEW) (Effective July 1, 2007) Each department, office, board, commission, council or other agency of the state and each officer or employee shall cooperate with the Commissioner of Energy and shall furnish said commissioner with such information, personnel and assistance as may be necessary or appropriate in the discharge of the responsibilities of the Commissioner of Energy pursuant to chapter 227 of the general statutes and sections 16a-20 of the general statutes, as amended by this act, and 16a-102 of the general statutes, as amended by this act.

Sec. 75. Section 16a-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

On or before [January 1, 2004] October 1, 2008, and [annually] biennially thereafter, the [Connecticut Energy Advisory Board] Commissioner of Energy shall prepare a comprehensive energy plan. [based on existing reports and studies as to the need for new energy resources, new energy transmission facilities in the state and new energy conservation initiatives in the state.] The [board] commissioner shall hold regional public hearings on the proposed plan and shall give at least thirty days' notice of each hearing. [by publication on the Internet websites of the agencies participating on the board.] Notice of such hearing may be published in one or more newspapers having general circulation in each municipality as deemed necessary by the [board] commissioner. 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 [board] commissioner shall provide a time period of not less than forty-five days from the date the notice is published [on the Internet websites of the agencies participating on the board] for review and comment. The [board] commissioner 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 for such differences, and the principal considerations raised in opposition to the proposed plan and the reasons for rejecting any such considerations. The [chairman of the board] commissioner shall sign the final plan and shall submit it to the joint standing committees of the General Assembly having cognizance of matters relating to energy, the environment and transportation. Such plan shall reflect the legislative findings and policy stated in section 16a-35k, shall be consistent with the Connecticut climate change action plan developed pursuant to section 22a-200a, and the state plan of conservation and development adopted under chapter 297 and shall include, but not be limited to, (1) an assessment of current energy supplies, demand and costs; (2) an 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; (5) an assessment of the infrastructure of the state for natural gas and electric systems; (6) an evaluation of the impact of regional transmission infrastructure planning processes conducted by the regional independent system operator, as defined in section 16-1, on the state's environment, on energy market design, and on economic development in the state; (7) the consideration of alternative energy planning mechanisms and targets as an alternative to integrated resource planning; (8) a statement of energy policies and long-range energy planning objectives and strategies appropriate to achieve, among other things, the least-cost mix of energy supply sources and measures that reduce demand for energy, giving due regard to such factors as [ratepayer] consumer price impacts, security and diversity of fuel supplies and energy generating methods, protection of public health and safety, adverse or beneficial environmental impacts, conservation of energy and energy resources and the ability of the state to compete economically; and (9) recommendations for administrative and legislative actions to implement such policies, objectives and strategies.

Sec. 76. Section 16a-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Not later than December 1, [2004, the Connecticut Energy Advisory Board shall develop] 2007, the Commissioner of Energy shall review and update, if necessary, infrastructure criteria guidelines [for the evaluation process under subsection (f) of section 16a-7c,] which [guidelines] shall be consistent with state environmental policy, state economic development policy, the state's policy regarding the restructuring of the electric industry, as set forth in section 16-244, and the findings in the comprehensive energy plan prepared pursuant to section 16a-7a, and shall include, but not be limited to, the following: (1) Environmental preference standards; (2) efficiency standards, including, but not limited to, efficiency standards for transmission, generation and demand-side management; (3) generation preference standards; (4) electric capacity, use trends and forecasted resource needs; (5) natural gas capacity, use trends and forecasted resource needs; and (6) national and regional reliability criteria applicable to the regional bulk power grid, as determined in consultation with the regional independent system operator, as defined in section 16-1. In developing environmental preference standards, the [board] commissioner shall consider the recommendations and findings of the task force established pursuant to section 25-157a and Executive Order Number 26 of Governor John G. Rowland.

Sec. 77. Section 16a-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) There shall continue to be an energy emergency plan. Said plan may include, but not be limited to, the following: (1) Establishment of programs, controls, standards, priorities and quotas for the allocation, rationing, conservation, distribution and consumption of available energy resources, (2) suspension and modification of existing statutes, standards and requirements affecting or affected by the use of energy resources, (3) adoption of measures affecting the type and composition and production and distribution of energy resources, (4) imposition of price restrictions on energy resources, (5) adoption of measures affecting the hours and days on which public buildings and commercial and industrial establishments may be or are required to remain open or closed and (6) establishment and implementation of regional programs and agreements for the purpose of coordinating energy resource programs and actions of the state with those of the federal government and of other states and localities. Said plan shall include such levels of energy emergency as the [secretary] Commissioner of Energy, in consultation with the Office of Policy and Management, shall establish.

(b) The [secretary] commissioner shall prepare or cause to be prepared such amendments to the energy emergency plan as he may deem necessary. Such amendments shall be submitted to the General Assembly no later than fifteen days after the convening of any regular session of the General Assembly following the preparation of such amendments and shall be referred by the speaker of the House of Representatives and the president pro tempore of the Senate to the joint standing committee having cognizance of matters relating to energy. Said committee shall review such amendments and report its recommendations within fifteen days to the General Assembly. The General Assembly may by joint resolution disapprove or reject any section or sections of such amendments within forty-five days after the submittal of such amendments.

Sec. 78. Section 16a-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) (1) Any person aggrieved by any order issued under section 16a-11 or 16a-12 may file a petition with the [secretary] Commissioner of Energy requesting an exemption. The petition shall be in such form as the [secretary] commissioner may prescribe. The person filing the petition shall be subject to the penalty for making a false statement under section 53a-157b.

(2) The [secretary] commissioner may grant an exemption to any person who due to certain circumstances is unable to comply with such order without suffering inordinate hardship beyond that hardship suffered by persons generally, including, but not limited to, circumstances where in the absence of such exemption the petitioner would: (A) Be prevented from performing activities essential to the pursuit of his regular occupation or profession, (B) suffer adverse medical effects or be unable to obtain necessary medical treatment, or (C) incur permanent and substantial injury to person or property. The [secretary] commissioner may also grant an exemption to any person who performs an essential public service and who would be prevented from performing such service or would be impaired in his performance in the absence of such exemption.

(3) In making a determination pursuant to this subsection, the [secretary] commissioner may compare the relevant circumstances of the petitioner with (A) other users of the same fuel, users of other fuels, or both, or (B) other persons in the same economic sector or subsector, persons in other economic sectors or subsectors, or both, as determined by the [secretary] commissioner to be most appropriate in terms of the specific energy resource availability situation existing or forecast at the time such comparison is made.

(b) The [secretary] commissioner may investigate any such petition and consider in his decision any relevant factual finding resulting from such investigation. The [secretary] commissioner may accept submissions from third parties relevant to such petition, provided the petitioner is afforded the opportunity to respond to such third party submissions. The [secretary] commissioner may also consider any other sources of relevant information in deciding the petition before him. The [secretary] commissioner may hold an informal hearing, if, in his opinion, such hearing is advisable.

(c) If the [secretary] commissioner determines that there is insufficient information upon which to base a decision and if upon request the required additional information is not furnished, the petition may be dismissed without prejudice. The [secretary] commissioner shall grant, deny or dismiss without prejudice such petition not more than thirty days after receipt of such petition. The [secretary] commissioner may make his decision granting an exemption conditional upon the petitioner's taking actions specified in such decision. Upon the granting, denying or dismissal of such petition, the [secretary] commissioner shall notify the petitioner, in writing, the reasons for his decision.

(d) The [secretary] commissioner may reconsider and alter any decision under this section as he deems necessary to implement such plan, or any provision of such plan or any order adopted pursuant to section 16a-11 or 16a-12. The [secretary] commissioner may suspend or revoke any exemption for any reason including, but not limited to: (1) Changed circumstances where the grounds for granting an exemption to the petitioner have ceased to exist, (2) failure on the part of the petitioner to comply with conditions specified in the [secretary's] commissioner's decision granting the exemption, or (3) where the exemption was issued by mistake or on the basis of misrepresentation or false pretenses on the part of the petitioner.

(e) The provisions of sections 4-176e to 4-181a, inclusive, shall not apply to any proceeding held pursuant to subsections (a) to (d), inclusive, of this section. Any person aggrieved by the decision of the [secretary] commissioner may appeal such decision in accordance with the provisions of sections 4-183 and 4-184.

(f) The [secretary] commissioner shall adopt regulations, in accordance with chapter 54, establishing administrative procedures to implement the provisions of this section with respect to petitions for exemption.

Sec. 79. Section 16a-13a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [secretary] Commissioner of Energy, in granting or denying an exemption under section 16a-13, as amended by this act, may take into account past levels of energy consumption or changes therein on the part of the person seeking such exemption.

(b) The [secretary] commissioner may adopt regulations, in accordance with chapter 54, which establish procedures for documenting past levels of energy consumption or changes therein for the purposes of an exemption under said section 16a-13.

(c) The [secretary] commissioner may grant an exemption if he determines that the person seeking the exemption has fulfilled the conditions contained in such regulations. The regulations shall permit exemption: (1) In cases where the applicant documents an absolute reduction in energy consumption over such periods of time as the regulations may establish, which periods may vary for different categories of persons, and the reduction is the result of physical or behavioral changes or adjustments undertaken for energy conservation purposes and not from changes or modifications undertaken for other purposes, such as alterations in building size, extent or type of production capacity or utilization thereof, or changes in the nature or number of work force employed, which changes were not undertaken for energy conservation purposes; or (2) in cases where the applicant documents that his consumption of energy is substantially less than that of other persons in like circumstances over such period of time as the regulations may establish, which periods may vary for different categories of persons, and the level of consumption is due to physical or behavioral factors, changes or adjustments, undertaken for energy conservation purposes and not from factors, changes or modifications not so related.

(d) The regulations may provide that reductions in or levels of energy consumption which occur subsequent to the proclamation of an energy emergency pursuant to section 16a-11 or section 16a-12 shall not constitute the basis for exemption unless the reductions are due solely to actions undertaken prior to such proclamation.

Sec. 80. Section 16a-13b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [secretary] Commissioner of Energy shall: (1) Be responsible for the conduct and administration of energy emergency planning and preparedness activities generally, including the coordination of such activities [under this title] with other state [emergency planning conducted under any other provisions of the general statutes or special acts] agencies and with energy emergency planning or preparedness activities undertaken by the federal government, other states and regional or interstate organizations, and (2) coordinate, under the direction of the office of the Governor, the adoption and implementation of emergency measures by state departments during any energy emergency proclaimed under section 16a-11 or section 16a-12, including the coordination of state, federal, regional and interstate activities.

(b) In exercising the responsibilities under subsection (a) of this section, the [secretary] commissioner shall consult with the Department of Emergency Management and Homeland Security, the Department of Public Safety, the Department of Public Utility Control, the Department of Transportation, the Office of Policy and Management and such other state agencies as the [secretary] commissioner deems appropriate. Each state agency shall assist the [secretary] commissioner in carrying out the responsibilities assigned by sections 16a-9 to 16a-13d, inclusive, as amended by this act.

Sec. 81. Section 16a-14a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [secretary] Commissioner of Energy may develop a program to provide grants to small businesses located within the state which are active in research, development, demonstration or commercial activities involving energy-related products and services for which funding from federal and other nonstate sources is not available. Such assistance shall be designed to carry out the purposes of this chapter and chapter 298.

(b) The [secretary] Commissioner of Energy shall adopt regulations, in accordance with chapter 54, in consultation with the Commissioner of Economic and Community Development, to govern the operation of any such grant program and to define small businesses, or specific categories thereof, which are eligible for such grants. Priority shall be accorded to the development of small scale technology applicable to residential dwellings and municipal facilities.

Sec. 82. Section 16a-14b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [secretary] Commissioner of Energy shall develop voluntary testing programs for energy-related products or categories of such products. Such testing shall be designed to protect the interests of consumers by providing reliable information on such products, and may include the evaluation of the energy efficiency, durability, reliability, health and safety aspects, life-cycle cost or other performance qualities of such products.

(b) The [secretary] Commissioner of Energy, in consultation with the Commissioner of Consumer Protection, shall adopt regulations, in accordance with chapter 54, establishing provisions (1) for standardized procedures for the performance of such testing; (2) for categories of energy-related products to be covered by such testing procedures; (3) to differentiate between the testing of experimental energy-related products and commercial energy-related products, to determine the range of models produced by a specific manufacturer to which testing results will apply and to ensure that products submitted for testing constitute a representative sample of those produced within such range by said manufacturer; (4) for a standardized format for the compilation of information from such tests which shall include all relevant information from each type of test performed on a product; (5) for the designation of qualified state or state-certified facilities to perform such testing; provided, no person or organization which has any pecuniary interest in the manufacture, distribution or sale of energy-related products within or without the state shall be eligible for such designation; and (6) for a schedule of reasonable fees for the performance of such tests or a procedure for establishing such a schedule.

Sec. 83. Section 16a-14e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The [Office of Policy and Management] Commissioner of Energy shall operate a purchasing pool for the purchase of electricity for state operations. [Said office shall provide the opportunity to participate in such purchasing pool to each household that includes an individual who receives means-tested assistance administered by the state or federal government. Any such household shall receive through such purchasing pool the same benefits and rate discounts available for state facilities. The Office of Policy and Management shall use federal and state energy assistance funds to leverage the lowest practicable electric rates for households participating in such pool, provided such funds shall not be used for administrative purposes.] The provisions of section 16-245 shall not apply to the [Office of Policy and Management] commissioner for purposes of this section.

Sec. 84. Section 16a-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) This chapter may be enforced by the [Secretary of the Office of Policy and Management] Commissioner of Energy in the superior court for any judicial district in which any person who violates any provisions of this chapter resides or maintains a place of business by an ex parte temporary injunction issued by said court or a judge thereof; provided, if such injunction is issued, such person may file a motion to dissolve such injunction and a hearing upon such motion shall be held by the superior court not later than three days after service of such motion upon the Governor pursuant to an order of said court or a judge thereof. If a permanent injunction is granted, such person may be assessed damages of not more than ten thousand dollars plus court costs.

(b) The provisions of this section are not exclusive, and the remedies provided for in this section shall be in addition to any other remedy provided for in any other section of the general statutes or available under common law.

Sec. 85. Section 16a-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [Office of Policy and Management] Commissioner of Energy may institute a civil action in the Superior Court, or in the United States District Court, where applicable, against any person, firm, corporation, business or combination thereof it believes, or has reason to believe, has violated sections 16a-17 to 16a-20, inclusive, as amended by this act, to enjoin said parties from continuing such conduct within this state and to seek repayment of damages on behalf of those individuals, businesses and industries harmed by said activities. In such actions it shall be represented by the Attorney General.

(b) Upon the institution of such civil action, the Attorney General shall have the right to take the deposition of any witness the Attorney General believes, or has reason to believe, has information relative to the prosecution of such action, upon application made to the Superior Court, notwithstanding the provisions of other statutes limiting depositions. The Attorney General shall also have the right to take such depositions in other states and to utilize the laws of such other states relative to the taking of depositions where allowed by the laws of such states. The state of Connecticut shall allow similar depositions to be taken within this state on behalf of any governmental agency of another state or any territory or possession of the United States seeking to pursue litigation similar to that permitted under sections 16a-17 to 16a-20, inclusive, as amended by this act, as long as such other state allows the Attorney General to take depositions within its jurisdiction. In so doing, the Superior Court shall enforce the orders of the courts of such other state relative to the deposition requested and issue subpoenas or subpoenas duces tecum, as necessary, as well as enforcing such subpoenas through citations of contempt or other available remedies.

(c) In any case where damages referred to in subsection (a) of this section shall be proven by a fair preponderance of the evidence, the court shall order repayment by any or all defendants of said damages to the applicable parties or businesses through the [Office of Policy and Management] Department of Energy.

(d) The court shall also have the right, in its discretion, to assess treble damages against said defendants.

(e) Any such civil action shall be privileged in assignment for trial.

Sec. 86. Section 16a-22 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Any person engaged in the business of selling petroleum products, as defined in section 16a-22c, on a wholesale basis who has sufficient knowledge of an impending shortage in the availability of petroleum products, as defined in section 16a-22c, or any officer or manager of a firm or corporation engaged in such business who has such knowledge, shall cause to be given immediate written notice of any possible inability as a result of such shortage to deliver petroleum products, as defined in section 16a-22c, to the [Secretary of the Office of Policy and Management] Commissioner of Energy and to each retail oil dealer engaged in the business of supplying petroleum products, as defined in section 16a-22c, for residential heating that such person, firm or corporation customarily supplies with petroleum products, as defined in section 16a-22c, on a wholesale basis. No such person engaged in the business of selling petroleum products, as defined in section 16a-22c, on a wholesale basis and no such officer or manager shall discriminate, in the percentage of supplies delivered, against independent retail oil dealers in favor of dealers affiliated with such supplier.

(b) Any person engaged in the business of distributing or selling petroleum products, as defined in section 16a-22c, on a wholesale basis who intends to terminate the supply of petroleum products, as defined in section 16a-22c, to a retail dealer shall give written notice at least fourteen days in advance of such termination to the retail dealer, the municipality or municipalities in which the retail dealer distributes and the [Secretary of the Office of Policy and Management] Commissioner of Energy concerning such proposed termination of supply.

(c) Any person, firm or corporation who violates the provisions of this section shall be fined one thousand dollars for each violation.

Sec. 87. Section 16a-22i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Notwithstanding any other provision of the general statutes, [to the contrary,] whenever the [Secretary of the Office of Policy and Management] Commissioner of Energy finds that conditions in the petroleum products market require additional sales, inventory or price information for a complete analysis of such market the [secretary] commissioner may require any person, firm or corporation engaged in the sale or storage of petroleum products in the state to provide such information concerning the petroleum products market as he directs.

Sec. 88. Section 16a-23t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) For purposes of this section, ["secretary" means the Secretary of the Office of Policy and Management] "commissioner" means the Commissioner of Energy.

(b) The [secretary] commissioner shall collect, monitor and distribute information concerning home heating oil in a manner that will provide transparency of market prices to the public. Not later than one hundred twenty days after October 31, 2005, the [secretary] commissioner shall provide an opportunity for public comment to determine the manner in which this policy mission will be implemented.

(c) In implementing the provisions of this section, the [secretary] commissioner shall consult with other relevant agencies of the state. Any ongoing assistance provided by an agency that may result in a material budgetary impact upon the assisting agency shall be provided pursuant to a memorandum of understanding, which shall be negotiated between the [secretary] commissioner and the subject agency.

(d) In implementing the provisions of subsection (b) of this section, the [secretary] commissioner shall collect, or cause to be collected, information on the wholesale and retail prices of home heating oil and shall establish indices of those prices so as to provide transparent market prices to the public. The indices developed pursuant to this subsection shall be transmitted to the public in a manner that provides the greatest possible public access to understandable and current information on a cost-effective basis. On and after December 1, 2005, and not later than April 30, 2006, the indices developed pursuant to this section shall be updated on a weekly basis and posted on the [Office of Policy and Management's] Department of Energy's Internet web site.

(e) (1) The [secretary] commissioner shall monitor and analyze the information collected pursuant to subsection (d) of this section for evidence of market activities that impair the free and fair operation of the home heating oil market. The [secretary] commissioner shall refer such evidence, together with any other information or recommendations, to such agencies as the [secretary] commissioner determines may have jurisdiction to provide remedies, including, but not limited to, state, federal or local administrative, regulatory or law enforcement agencies

(2) The [secretary] commissioner, in the performance of the [secretary's] commissioner's duties, may summon and examine, under oath, such witnesses, and may direct the production of, and examine or cause to be produced and examined, such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to the affairs of any home heating oil seller or distributor at the wholesale or retail level operating in the state as the secretary may find advisable.

(3) Notwithstanding the provisions of the general statutes, any information, analysis or work product developed by the [secretary] commissioner pursuant to the provisions of subdivision (1) of this subsection shall not be a public record, as defined in section 4d-33, except as provided in this section. Any such information referred by the [secretary] commissioner pursuant to subdivision (1) of this subsection shall become a public record not more than sixty days after the date of a referral unless such law enforcement agency protects such information from disclosure pursuant to law. Any information that the [secretary] commissioner determines not to refer pursuant to subdivision (1) of this subsection shall become a public record not more than thirty days after such determination is made.

(4) The [secretary] commissioner shall notify the joint standing committee of the General Assembly having cognizance of matters relating to energy of every referral of information to other agencies pursuant to subdivision (1) of this subsection, provided the scope of information provided shall be limited pursuant to subdivision (3) of this subsection. The [secretary] commissioner, in such notification, shall include recommendations for addressing the conditions identified, including, but not limited to, any recommendations for legislation.

[(f) The chairperson of the Public Utilities Control Authority, or the chairperson's designee, the Commissioner of Social Services, or the commissioner's designee, the chairperson of the Connecticut Energy Advisory Board, and the Secretary of the Office of Policy and Management, or the secretary's designee, shall constitute a Home Heating Oil Planning Council to address issues involving the supply, delivery and costs of home heating oil and state policies regarding the future of the state's home heating oil supply. The Secretary of the Office of Policy and Management shall convene the first meeting of the council.]

[(g)] (f) The [Home Heating Oil Planning Council] commissioner shall, on an ongoing basis, monitor and analyze the information collected pursuant to subsection (d) of this section, and such other information from other sources as it deems appropriate, for evidence of operational or infrastructure conditions that should be addressed to enhance the reliable, free and fair operation of the state's home heating oil market. Not later than January 1, 2007, and periodically thereafter as it deems appropriate, the [council] commissioner shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to energy a report on the status of the state's home heating oil market, including, but not limited to, its recommendations for addressing any negative conditions identified and recommendations for legislation.

Sec. 89. Section 16a-37f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

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] Commissioner of Energy, 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] Commissioner of Energy, with the concurrence of the Commissioner of Administrative Services, may designate.

Sec. 90. Section 16a-37u of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [Secretary of the Office of Policy and Management] Commissioner of Energy 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. The [secretary] commissioner shall exercise this authority by (1) preparing and implementing annual and long-range plans [, with timetables, establishing] that establish goals for reducing state energy consumption and [, based on energy audits,] establish 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.] and (4) awarding any contracts necessary to carry out the commissioner's responsibilities under this chapter.

(b) Not later than January [fifth, annually, the Secretary of the Office of Policy and Management] 15, 2008, and biennially thereafter, the Commissioner of Energy 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] summarize the energy consumption costs of state owned and leased buildings during the last two fiscal years, (2) summarize the status of the energy conservation and efficiency 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)] undertaken at state owned and leased buildings during the last two fiscal years, (3) 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 summarize agency compliance with the life-cycle cost analyses, and (7)] energy conservation and efficiency measures in state owned and leased buildings, (4) summarize the status of state facilities' efforts to comply with the energy performance standards established pursuant to section 16a-38, as amended by this act, (5) summarize the status of state agencies in achieving established energy goals, and (6) 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 the 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 the 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]

(c) The Commissioner of Energy 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 no such demonstration project impairs the functioning of the facility.

Sec. 91. Section 16a-38 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) As used in this section, subsection (e) of section 4b-23, sections 16a-38a, as amended by this act, and 16a-38b, as amended by this act, 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.

(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] Energy 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] Energy 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, in consultation with the Commissioner of Energy, 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] Commissioner of Energy may require such a life-cycle cost analysis for projects other than major capital projects.

(f) The Commissioner of Energy, in consultation with 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] Commissioner of Energy 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] Commissioner of Energy 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] Commissioner of Energy.

(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] Energy 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. In establishing the standards under this subsection, the commissioner may consult with the Office of Policy and Management, the Department of Public Works, the Department of Administrative Services or any other agency said commissioner deems appropriate.

(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] Energy 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] Commissioner of Energy 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. In establishing the standards under this subsection, the commissioner may consult with the Office of Policy and Management, the Department of Public Works, the Department of Administrative Services or any other agency said commissioner deems appropriate.

(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.

Sec. 92. Section 16a-38a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Commissioner of [Public Works] shall periodically conduct on a schedule to be determined by the commissioner 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.

(b) [(1)] The Commissioner of [Public Works] Energy 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) The Commissioner of [Public Works and the Secretary of the Office of Policy and Management] Energy 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.

Sec. 93. Section 16a-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Commissioner of [Public Works and] Energy, in consultation with 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, as amended by this act.

Sec. 94. Section 16a-38d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

As used in this section and sections 16a-38e, as amended by this act, to 16a-38g, inclusive:

(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] Energy.

(4) "Secretary" means the Secretary of the Office of Policy and Management.

[(4)] (5) "Energy-saving capital project" means any capital project for the purpose of adopting energy conservation or energy efficiency measures in a state building.

Sec. 95. Section 16a-38e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The commissioner, in consultation with the Secretary of the Office of Policy and Management, 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, in consultation with the secretary, shall, within ninety days after an application is received by him, either make or refuse to make such designation.

(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.]

Sec. 96. Section 16a-38i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The energy performance standards established by the Commissioner of [Public Works and the Secretary of the Office of Policy and Management] Energy pursuant to section 16a-38, as amended by this act, shall require that the [Commissioner of Public Works, in consultation with the secretary,] commissioner establish a process for calculating annually, from currently available data, the average energy use per square foot in state buildings.

(b) In accordance with section 16a-37u, as amended by this act, the [secretary] Commissioner of Energy shall (1) implement a system requiring all state agencies to use the process established by the Department of Public Works to annually calculate energy use, (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] that 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. 97. Section 16a-38j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Department of [Public Works] Energy, 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, as amended by this act, shall include such energy performance standards.

Sec. 98. Section 16a-39 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) As used in this section:

(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; and

[(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)] (3) "Eligible building" means a building owned by a municipality, located within the state and not used for public education purposes.

(b) The [commissioner] Commissioner of Energy, after consultation [with the secretary and] with such advisory board as said [secretary] commissioner 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] Commissioner of Energy 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] Commissioner of Energy 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] Commissioner of Energy 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] Commissioner of Energy shall consider the energy savings and the payback period for the measures to be implemented and any other information which the [secretary] Commissioner of Energy 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] Commissioner of Energy may award grants of less than five thousand dollars or more than fifty thousand dollars if the [secretary] Commissioner of Energy 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.

Sec. 99. Section 16a-39b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The [Secretary of the Office of Policy and Management] Commissioner of Energy shall convene periodic meetings, to be held at least once every twelve months, to discuss opportunities for energy savings by the state. Such meetings shall consist of the [secretary] commissioner, or the [secretary's] commissioner's designee, and representatives from each state agency that the [secretary] commissioner determines to be among the ten agencies that consumed the greatest amount of energy during the previous twelve months.

Sec. 100. Subsection (a) of section 16a-40b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [commissioner] Commissioner of Economic and Community Development, 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] Commissioner of Energy. 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] Commissioner of Economic and Community Development 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. 101. Section 16a-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(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] Energy, 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.

(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] Energy 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.

Sec. 102. Subsections (a) and (b) of section 16a-41b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) There shall be a Low-Income Energy Advisory Board which shall consist of the following members: The Secretary of the Office of Policy and Management or the secretary's designee; the Commissioner of Social Services or the commissioner's designee; the executive director of the Commission on Aging; a representative of each electric and gas public service company designated by each such company; the chairperson of the Department of Public Utility Control or a commissioner of the Department of Public Utility Control designated by the chairperson; the Consumer Counsel or the counsel's designee; the Commissioner of Energy or the commissioner's designee; the executive director of Operation Fuel; the executive director of Infoline; the director of the Connecticut Local Administrators of Social Services; the executive director of Legal Assistance Resource Center of Connecticut; the Connecticut president of AARP; a designee of the Norwich Public Utility; a designee of the Connecticut Petroleum Dealers Association; and a representative of the community action agencies administering energy assistance programs under contract with the Department of Social Services, designated by the Connecticut Association for Community Action.

(b) The Low-Income Energy Advisory Board shall advise and assist the Office of Policy and Management, the Department of Energy and the Department of Social Services in the planning, development, implementation and coordination of energy-assistance-related programs and policies and low-income weatherization assistance programs and policies, shall advise the Department of Public Utility Control and the Department of Energy regarding the impact of utility rates and policies, and shall make recommendations to the General Assembly regarding legislation and plans subject to legislative approval to ensure affordable access to residential energy services to low-income state residents.

Sec. 103. Section 16a-45a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

As used in section 16a-46, as amended by this act, "participant" means: (1) Each electric or gas company, as defined in section 16-1, which has annual sales, other than for resale, in excess of seven hundred fifty million kilowatt hours of electricity or ten billion cubic feet of natural gas; (2) any company, person or entity fulfilling the responsibilities of section 16a-46, as amended by this act, in whole or in part, on behalf of one or more such electric or gas companies, as determined by the [secretary] Commissioner of Energy; (3) any petroleum product vendor registered under section 16a-22d, whose gross volume of retail fuel oil, propane or kerosene delivered in its most recently completed year exceeds two million gallons; and (4) any other electric or gas company, as defined in section 16-1, municipal electric utility organized under chapter 101, municipal electric energy cooperative organized under chapter 101a or electric cooperative organized under chapter 597 which is included in a plan under section 16a-46a, as amended by this act, and subsequently approved by the [secretary] commissioner, and which voluntarily participates in the program under section 16a-46, as amended by this act.

Sec. 104. Section 16a-46 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [Secretary of the Office of Policy and Management] Commissioner of Energy shall be responsible for the development and implementation of a residential energy conservation service program in accordance with the provisions of this section, sections 16a-46a, as amended by this act, 16a-46b, as amended by this act, and 16a-46c, as amended by this act, and applicable federal law. Participants in the program shall provide or arrange for low cost energy audits. No participant under subdivision (1) or (3) of section 16a-45a, as amended by this act, may be required to provide such services outside its authorized service area or area of normal operation. The residential energy conservation service program shall terminate on July 1, 2010.

(b) The [secretary] commissioner, in consultation with the Department of Public Utility Control, may adopt regulations, in accordance with chapter 54, with regard to the conduct and administration of such program. [Not later than January first in 1996 and 1997, each participant shall submit a report to the secretary concerning the energy audits the participant provided or arranged for pursuant to this section. Not later than February first in 1996 and 1997, the secretary shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to energy and technology concerning all energy audits provided or arranged for pursuant to this section.]

Sec. 105. Section 16a-46a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [Secretary of the Office of Policy and Management] Commissioner of Energy shall prepare and may from time to time amend a residential energy conservation service plan which implements the program established under section 16a-46, and which complies with applicable federal law. The residential energy conservation service plan shall include, but not be limited to, a designation of the classes of residential buildings that may receive low-cost energy audits during the period covered by the plan.

(b) Prior to implementing any amendments to the residential energy conservation service plan, the [secretary] commissioner shall submit the plan or amendments 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 such plan or amendments at a meeting held not later than sixty days after receipt of the plan or amendments. If the committee takes no action with regard to the plan or amendments during such sixty-day period, they shall be deemed approved. Upon such approval, the [secretary] commissioner shall submit the plans or amendments to the United States Department of Energy as may be necessary.

Sec. 106. Section 16a-46b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The [secretary] Commissioner of Energy shall (1) review and evaluate, on an ongoing basis, the implementation of the plan prepared under section 16a-46a, as amended by this act, to insure compliance with applicable state statutes and regulations and the provisions of such plan; (2) participate in proceedings before the Department of Public Utility Control which involve, in whole or in part, the implementation of said statutes, regulations or plan; and (3) report on the implementation of, and make any recommendations concerning, said plan not later than January fifteenth, annually, to the Governor, the joint standing committee of the General Assembly having cognizance of matters relating to energy planning and activities and the Legislative Program Review and Investigations Committee.

Sec. 107. Section 16a-46c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Department of Public Utility Control shall exercise its regulatory responsibilities as they relate to the residential energy conservation service program within any program guidelines established by the [Secretary of the Office of Policy and Management] Commissioner of Energy in regulations adopted under section 16a-46, as amended by this act, and in the plan authorized under section 16a-46a, as amended by this act. The [secretary] commissioner shall consult with the department in the development of the program. The department, in consultation with the [secretary] commissioner, may adopt regulations in accordance with chapter 54 concerning the conduct and administration of the program as it relates to the department's regulatory responsibilities.

Sec. 108. Section 16a-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) As used in this section:

(1) "Department" means the Department of [Public Utility Control] Energy;

(2) "Fluorescent lamp ballast" or "ballast" means a device designed to operate fluorescent lamps by providing a starting voltage and current and limiting the current during normal operation, but does not include such devices that have a dimming capability or are intended for use in ambient temperatures of zero degrees Fahrenheit or less or have a power factor of less than sixty-one hundredths for a single F40T12 lamp;

(3) "F40T12 lamp" means a tubular fluorescent lamp that is a nominal forty-watt lamp, with a forty-eight-inch tube length and one and one-half inches in diameter;

(4) "F96T12 lamp" means a tubular fluorescent lamp that is a nominal seventy-five-watt lamp with a ninety-six-inch tube length and one and one-half inches in diameter;

(5) "Luminaire" means a complete lighting unit consisting of a fluorescent lamp, or lamps, together with parts designed to distribute the light, to position and protect such lamps, and to connect such lamps to the power supply;

(6) "New product" means a product that is sold, offered for sale, or installed for the first time and specifically includes floor models and demonstration units;

[(7) "Secretary" means the Secretary of the Office of Policy and Management;]

(7) "Commissioner" means the Commissioner of Energy;

(8) "State Building Code" means the building code adopted pursuant to section 29-252;

(9) "Torchiere lighting fixture" means a portable electric lighting fixture with a reflector bowl giving light directed upward so as to give indirect illumination;

(10) "Unit heater" means a self-contained, vented fan-type commercial space heater that uses natural gas or propane that is designed to be installed without ducts within the heated space. "Unit heater" does not include a product regulated by federal standards pursuant to 42 USC 6291, as amended from time to time, a product that is a direct vent, forced flue heater with a sealed combustion burner, or any oil fired heating system;

(11) "Transformer" means a device consisting of two or more coils of insulated wire that transfers alternating current by electromagnetic induction from one coil to another in order to change the original voltage or current value;

(12) "Low-voltage dry-type transformer" means a transformer that: (A) Has an input voltage of 600 volts or less; (B) is between 14 kilovolt-amperes and 2,501 kilovolt-amperes in size; (C) is air-cooled; and (D) does not use oil as a coolant. "Low-voltage dry-type transformer" does not include such transformers excluded from the low-voltage dry-type distribution transformer definition contained in the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations;

(13) "Pass-through cabinet" means a refrigerator or freezer with hinged or sliding doors on both the front and rear of the refrigerator or freezer;

(14) "Reach-in cabinet" means a refrigerator, freezer, or combination thereof, with hinged or sliding doors or lids;

(15) "Roll-in" or "roll-through cabinet" means a refrigerator or freezer with hinged or sliding doors that allows wheeled racks of product to be rolled into or through the refrigerator or freezer;

(16) "Commercial refrigerators and freezers" means reach-in cabinets, pass-through cabinets, roll-in cabinets and roll-through cabinets that have less than eighty-five feet of capacity. "Commercial refrigerators and freezers" does not include walk-in models or consumer products regulated under the federal National Appliance Energy Conservation Act of 1987;

(17) "Traffic signal module" means a standard eight-inch or twelve-inch round traffic signal indicator consisting of a light source, lens and all parts necessary for operation and communication of movement messages to drivers through red, amber and green colors;

(18) "Illuminated exit sign" means an internally illuminated sign that is designed to be permanently fixed in place and used to identify an exit by means of a light source that illuminates the sign or letters from within where the background of the exit sign is not transparent;

(19) "Packaged air-conditioning equipment" means air-conditioning equipment that is built as a package and shipped as a whole to end-user sites;

(20) "Large packaged air-conditioning equipment" means air-cooled packaged air-conditioning equipment having not less than 240,000 BTUs per hour of capacity;

(21) "Commercial clothes washer" means a soft mount front-loading or soft mount top-loading clothes washer that is designed for use in (A) applications where the occupants of more than one household will be using it, such as in multifamily housing common areas and coin laundries; or (B) other commercial applications, if the clothes container compartment is no greater than 3.5 cubic feet for horizontal-axis clothes washers, or no greater than 4.0 cubic feet for vertical-axis clothes washers;

(22) "Energy efficiency ratio" means a measure of the relative efficiency of a heating or cooling appliance that is equal to the unit's output in BTUs per hour divided by its consumption of energy, measured in watts.

(b) The provisions of this section apply to the testing, certification and enforcement of efficiency standards for the following types of new products sold, offered for sale or installed in the state: (1) Commercial clothes washers; (2) commercial refrigerators and freezers; (3) illuminated exit signs; (4) large packaged air-conditioning equipment; (5) low voltage dry-type distribution transformers; (6) torchiere lighting fixtures; (7) traffic signal modules; (8) unit heaters; and (9) any other products as may be designated by the department in accordance with subdivision (3) of subsection (d) of this section.

(c) The provisions of this section do not apply to (1) new products manufactured in the state and sold outside the state, (2) new products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state, (3) products installed in mobile manufactured homes at the time of construction, or (4) products designed expressly for installation and use in recreational vehicles.

(d) (1) Not later than July 1, 2005, the department [, in consultation with the secretary,] shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section and to establish minimum energy efficiency standards for the types of new products set forth in subsection (b) of this section. The regulations shall provide for the following minimum energy efficiency standards: (A) Commercial clothes washers shall meet the requirements shown in Table P-3 of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4; (B) commercial refrigerators and freezers shall meet the August 1, 2004, requirements shown in Table A-6 of said California regulation; (C) illuminated exit signs shall meet the version 2.0 product specification of the "Energy Star Program Requirements for Exit Signs" developed by the United States Environmental Protection Agency; (D) large packaged air-conditioning equipment having not more than 760,000 BTUs per hour of capacity shall meet a minimum energy efficiency ratio of 10.0 for units using both electric heat and air conditioning or units solely using electric air conditioning, and 9.8 for units using both natural gas heat and electric air conditioning; (E) large packaged air-conditioning equipment having not less than 761,000 BTUs per hour of capacity shall meet a minimum energy efficiency ratio of 9.7 for units using both electric heat and air conditioning or units solely using electric air conditioning, and 9.5 for units using both natural gas heat and electric air conditioning; (F) low voltage dry-type distribution transformers shall meet or exceed the energy efficiency values shown in Table 4-2 of the National Electrical Manufacturers Association Standard TP-1-2002; (G) torchiere lighting fixtures shall not consume more than 190 watts and shall not be capable of operating with lamps that total more than 190 watts; (H) traffic signal modules shall meet the product specification of the "Energy Star Program Requirements for Traffic Signals" developed by the United States Environmental Protection Agency that took effect in February, 2001, except where the department, in consultation with the Commissioner of Transportation, determines that such specification would compromise safe signal operation; (I) unit heaters shall not have pilot lights and shall have either power venting or an automatic flue damper.

(2) Such efficiency standards, where in conflict with the State Building Code, shall take precedence over the standards contained in the Building Code. Not later than July 1, 2007, and biennially thereafter, the department [, in consultation with the secretary,] shall review and increase the level of such efficiency standards by adopting regulations in accordance with the provisions of chapter 54 upon a determination that increased efficiency standards would serve to promote energy conservation in the state and would be cost-effective for consumers who purchase and use such new products, provided no such increased efficiency standards shall become effective within one year following the adoption of any amended regulations providing for such increased efficiency standards.

(3) The department [, in consultation with the secretary,] shall adopt regulations, in accordance with the provisions of chapter 54, to designate additional products to be subject to the provisions of this section and to establish efficiency standards for such products upon a determination that such efficiency standards (A) would serve to promote energy conservation in the state, (B) would be cost-effective for consumers who purchase and use such new products, and (C) that multiple products are available which meet such standards, provided no such efficiency standards shall become effective within one year following their adoption pursuant to this subdivision.

(e) On or after July 1, 2006, except for commercial clothes washers, for which the date shall be July 1, 2007, commercial refrigerators and freezers, for which the date shall be July 1, 2008, and large packaged air-conditioning equipment, for which the date shall be July 1, 2009, no new product of a type set forth in subsection (b) of this section or designated by the department may be sold, offered for sale, or installed in the state unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in such regulations adopted pursuant to subsection (d) of this section.

(f) The department [, in consultation with the secretary,] shall adopt procedures for testing the energy efficiency of the new products set forth in subsection (b) of this section or designated by the department if such procedures are not provided for in the State Building Code. The department shall use United States Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally recognized test methods. The manufacturers of such products shall cause samples of such products to be tested in accordance with the test procedures adopted pursuant to this subsection or those specified in the State Building Code.

(g) Manufacturers of new products set forth in subsection (b) of this section or designated by the department shall certify [to the secretary] that such products are in compliance with the provisions of this section. The department [, in consultation with the secretary,] shall promulgate regulations governing the certification of such products. The [secretary] commissioner shall publish an annual list of such products.

(h) The Attorney General may institute proceedings to enforce the provisions of this section. Any person who violates any provision of this section shall be subject to a civil penalty of not more than two hundred fifty dollars. Each violation of this section shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.

Sec. 109. Section 16a-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The Department of Public Utility Control shall require each gas and electric public service company to implement a cost effective conservation and load management program consistent with integrated resource planning principles, as determined by the Commissioner of Energy. As part of each conservation and load management program the department shall require specific programs to target the needs of manufacturers. The department shall allow the gas or electric public service company either: (1) To earn a return on prudently incurred multiyear conservation and load management expenditures on programs and measures approved by the department included in the company's rate base and successfully implemented by the company at a rate at least one percentage point but no more than five percentage points higher than such company's rate of return otherwise found to be reasonable; or (2) authorize a return of at least one percentage point but no more than five percentage points on the company's prudently incurred conservation and load management expenditures treated as operating costs on programs and measures approved by the department and successfully implemented by the company. For the purposes of this section "conservation and load management expenditures" shall include all prudent expenditures, approved by the department by gas or electric public service companies designed to conserve energy or manage gas or energy load.

(b) The department may authorize an electric public service company a return on such company's expenditures in acquiring energy conservation or load management measures, approved by the department, from private power providers, as defined in section 16-243b.

Sec. 110. Section 16a-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [Secretary of the Office of Policy and Management] Commissioner of Energy shall coordinate all atomic development activities in the state. Said [secretary or his] commissioner or the commissioner's designee shall (1) advise the Governor with respect to atomic industrial development within the state; (2) act as coordinator of the development and regulatory activities of the state relating to the industrial and commercial uses of atomic energy; (3) act as deputy of the Governor in matters relating to atomic energy, including participation in the activities of any committee formed by the New England states to represent their interests in such matters and also cooperation with other states and with the government of the United States; (4) coordinate the studies, recommendations and proposals of the several departments and agencies of the state required by section 16a-103 with each other and also with the programs and activities of the development commission. So far as practicable, he shall coordinate the studies conducted, and the recommendations and proposals made, in this state with like activities in the New England and other states and with the policies and regulations of the Energy Research and Development Administration and the Nuclear Regulatory Commission. In carrying out his duties, he shall proceed in close cooperation with the development commission.

(b) The several agencies of the state which are directed by section 16a-103 to initiate and pursue continuing studies are directed to keep the [Secretary of the Office of Policy and Management] Commissioner of Energy fully and currently informed as to their activities relating to atomic energy. No regulation or amendment to a regulation applying specifically to an atomic energy matter which any such agency may propose to issue shall become effective until thirty days after it has been submitted to the [Secretary of the Office of Policy and Management] Commissioner of Energy, unless, upon a finding of emergency need, the Governor by order waives all or any part of this thirty-day period.

(c) The [Secretary of the Office of Policy and Management or his] Commissioner of Energy or the commissioner's designee shall keep the Governor and the several interested agencies informed as to private and public activities affecting atomic industrial development and shall enlist their cooperation in taking action to further such development as is consistent with the health, safety and general welfare of this state.

(d) Within amounts appropriated for the purposes of this section, the [Secretary of the Office of Policy and Management] Commissioner of Energy may retain on a contractual or other basis such assistance as is required to carry out the purposes of this section.

Sec. 111. Section 21a-86a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) On or before October 1, 1990, the Commissioner of Consumer Protection, in consultation with the [Secretary of the Office of Policy and Management] Commissioner of Energy, the chairperson of the Public Utilities Control Authority, the State Building Inspector and the Commissioners of Public Health and Environmental Protection, shall adopt regulations, in accordance with the provisions of chapter 54, establishing minimum efficiency standards for plumbing fixtures and other water-using devices, as appropriate.

(b) The maximum water use allowed in the regulations adopted under subsection (a) of this section for showerheads, urinals, faucets and replacement aerators manufactured or sold on or after October 1, 1990, shall be as follows: For showerheads, 2.5 gallons per minute; for urinals, 1.0 gallons per flush; for bathroom sinks, lavatory and kitchen faucets and replacement aerators, 2.5 gallons per minute, except that lavatories in restrooms of public facilities shall be equipped with outlet devices which limit the flow rate to a maximum of 0.5 gallons per minute. The maximum water use allowed in the regulations adopted under subsection (a) of this section for tank-type toilets, flushometer-valve toilets, flushometer-tank toilets and electromechanical hydraulic toilets manufactured or sold on or after January 1, 1992, shall be 1.6 gallons per flush, unless and until equivalent standards for similar types of toilets are adopted by the American National Standards Institute, Inc.

(c) Notwithstanding the provisions of subsection (b) of this section, the Commissioner of Consumer Protection, after consultation with the [Secretary of the Office of Policy and Management] Commissioner of Energy, the chairperson of the Public Utilities Control Authority, the State Building Inspector and the Commissioners of Public Health and Environmental Protection, may increase the level of efficiency for plumbing fixtures upon determination that such increase would promote the conservation of water and energy and be cost-effective for consumers who purchase and use such fixtures. Any increased efficiency standard shall be effective one year after its adoption.

(d) The Commissioner of Consumer Protection, in consultation with the [Secretary of the Office of Policy and Management] Commissioner of Energy, the chairperson of the Public Utilities Control Authority, the State Building Inspector and the Commissioners of Public Health and Environmental Protection, shall adopt regulations in accordance with the provisions of chapter 54 necessary to implement the provisions of sections 21a-86 to 21a-86g, inclusive. Such regulations shall provide for (1) the sale of plumbing fixtures which do not meet the standards if the commissioner determines that compliance is not feasible or an unnecessary hardship exists, and (2) the sale of plumbing fixtures, including, but not limited to, antique reproduction plumbing fixtures, which do not meet the standards, provided such plumbing fixtures were in stock in a store located in the state before October 1, 1990, if a showerhead, urinal, faucet or replacement aerator or before January 1, 1992, if a tank-type toilet, flushometer-valve toilet, flushometer-tank toilet or electromechanical hydraulic toilet.

Sec. 112. Section 32-317 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) The [commissioner] Commissioner of Economic and Community Development, acting on behalf of the state, may in his discretion make 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] Commissioner of Energy. 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] Commissioner of Economic and Community Development may also make 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 electric resistance, for (1) the purchase and installation of a high-efficiency secondary heating system using a source of heat other than electric resistance, (2) the conversion of a primary electric heating system to a high-efficiency system using a source of heat other than electric resistance, or (3) the purchase and installation of a high-efficiency combination heating and cooling system. As used in this subsection, "high-efficiency" means having a seasonal energy efficiency ratio of 11.0 or higher or a heating season performance factor of 7.2 or higher as designated by the American Refrigeration Institute in the Directory of Certified Unitary Air Conditioners, Air Source Heat Pumps and Outdoor Unitary Equipment, as from time to time amended, or an equivalent ratio for a fossil fuel system.

(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 fifteen thousand dollars per structure and shall be made only to an applicant who submits evidence, satisfactory to the [commissioner] Commissioner of Economic and Community Development, 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. Repayment of all loans or deferred 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 or deferred 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] Commissioner of Economic and Community Development shall establish a program under which he shall make funds authorized under section 32-318 available for 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 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 two thousand dollars multiplied by the number of dwelling units in such structure, provided no such loan shall exceed sixty 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 three thousand dollars for each dwelling unit benefiting from the 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 all loans or deferred loans under this section, any repayments of principal shall be paid to the State Treasurer for deposit in the energy conservation revolving loan account. The interest applicable to any such loans made shall be paid to the State Treasurer for deposit in the General Fund. In the case of a deferred loan, payments on interest are due and payable but payments on principal may be deferred to a time certain.

(e) The [commissioner] Commissioner of Economic and Community Development 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 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 and (4) providing that (A) the interest payments received from the recipients of loans or deferred loans, 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, electric distribution 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.

(f) Not later than August first, annually, the [commissioner] Commissioner of Economic and Community Development shall calculate the difference between (1) the weighted average of the percentage rates of interest payable on all subsidized loans or deferred loans made from the energy conservation loan program authorized under sections 32-315 to 32-318, inclusive, 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 under sections 32-315 to 32-318, inclusive, and used to fund such loans or deferred loans, and multiply such difference by the outstanding amount of all such loans or deferred loans, or such lesser amount as may be required under Section 103(b)(2) 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 under the energy conservation loan program authorized under sections 32-315 to 32-318, inclusive, and the balance remaining in the energy conservation revolving loan account. Not later than September first, annually, the Department of Public Utility Control shall allocate such product among each electric, electric distribution 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, electric distribution 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.

Sec. 113. Subdivision (16) of subsection (d) of section 2c-2b, section 16-11a, subsection (g) of section 16-50i, subdivision (3) of subsection (a) of section 16-50l, subsection (j) of section 16-243m and sections 16-244d, 16a-1, 16a-3, 16a-7c, 16a-8, 16a-14, 16a-22c, 16a-22d, 16a-22e, 16a-22g, 16a-22h, 16a-22j, 16a-37c and 16a-37v of the general statutes are repealed. (Effective July 1, 2007)

Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]