CHAPTER 295
ENERGY PLANNING

Table of Contents

Sec. 16a-2. Definitions.
Sec. 16a-3. Connecticut Energy Advisory Board.
Sec. 16a-3a. Integrated resources plan for energy resource procurement.
Sec. 16a-3b. Implementation of the integrated resources plan.
Sec. 16a-3c. Electric distribution companies' plans to build electric generation facilities.
Sec. 16a-3d. Comprehensive energy plan.
Sec. 16a-3e. Integrated resources plan; requirements. New generation sources. Report.
Sec. 16a-4. Office of Policy and Management. Staff. Regulations.
Sec. 16a-7b. Infrastructure criteria guidelines.
Sec. 16a-7c. Request for proposal: Solicitation, submission, evaluation, report, net energy analysis.
Sec. 16a-13b. Responsibilities of the Commissioner of Energy and Environmental Protection in energy emergency activities.
Sec. 16a-14a. Grant program for businesses involved in energy-related products and services.

      Sec. 16a-2. Definitions. As used in this chapter:

      (a) "Department" means the Department of Energy and Environmental Protection;

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

      (c) "Commissioner" means the Commissioner of Energy and Environmental Protection;

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

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

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

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

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

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

      (l) "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) of this section;

      (m) "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; and

      (n) "Energy facility" means a structure that generates, transmits or stores electricity, natural gas, refined petroleum products, renewable fuels, coal and coal products, wood fuels, geothermal sources, radioactive material and other resources yielding energy.

      (P.A. 74-285, S. 2, 20; P.A. 75-537, S. 1, 55; P.A. 77-614, S. 41, 610; P.A. 79-576, S. 1, 7; P.A. 82-231, S. 2, 8; P.A. 95-79, S. 54, 189; P.A. 07-242, S. 76; P.A. 11-80, S. 1, 36.)

      History: P.A. 75-537 replaced Connecticut energy agency and its administrator with department and commissioner of planning and energy policy; P.A. 77-614 replaced department and commissioner of planning and energy policy with office of policy and management and its secretary; P.A. 79-576 added Subdivs. (i) to (l) defining "renewable resource", "energy-related products", "energy-related services", and "conventional energy system"; P.A. 82-231 deleted electricity from definition of "energy resource", added geothermal energy to definition of "renewable resource", defined "energy supply" and applied all definitions under this section to Secs. 16a-45a, 16a-46, 16a-46a and 16a-46b; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 07-242 added Subdiv. (n) defining "energy facility", effective June 4, 2007; P.A. 11-80 deleted references to Secs. 16a-45a, 16a-46, 16a-46a and 16a-46b re applicability of definitions, effective July 1, 2011; pursuant to P.A. 11-80, "Secretary of the Office of Policy and Management" and "Office of Policy and Management" were changed editorially by the Revisors to "Commissioner of Energy and Environmental Protection" and "Department of Energy and Environmental Protection", respectively, effective July 1, 2011.

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      Sec. 16a-3. Connecticut Energy Advisory Board. (a) There is established a Connecticut Energy Advisory Board consisting of nine members, including the Office of Consumer Counsel. The president pro tempore of the Senate shall appoint a representative of an environmental organization knowledgeable in energy efficiency programs, a representative of a consumer advocacy organization and a representative of a state-wide business association. The speaker of the House of Representatives shall appoint a representative of low-income ratepayers, a representative of academia who has knowledge of energy-related issues and a member of the public considered to be an expert in electricity, generation, renewable energy, procurement or conservation programs. The minority leader of the Senate shall appoint a representative of a municipality. The minority leader of the House of Representatives shall appoint a member of the public considered to be an expert in electricity, generation, renewable energy, procurement or conservation. All appointed members shall serve in accordance with section 4-1a. No appointee may be employed by, or a consultant of, a public service company, as defined in section 16-1, or an electric supplier, as defined in section 16-1, or an affiliate or subsidiary of such company or supplier.

      (b) The board shall (1) report to the General Assembly on the status of programs administered by the Department of Energy and Environmental Protection, (2) consult with the Commissioner of Energy and Environmental Protection regarding the integrated resource plan developed pursuant to section 16a-3a, and (3) review, within available resources, requests from the General Assembly.

      (c) The board shall elect a chairman and a vice-chairman from among its members and shall adopt such rules of procedure as are necessary to carry out its functions.

      (d) The board shall convene its first meeting not later than September 1, 2011. A quorum of the board shall consist of two-thirds of the members currently serving on the board.

      (e) The board shall employ such staff as is required for the proper discharge of its duties. The board may also retain any third-party consultants it deems necessary to accomplish the goals set forth in subsection (b) of this section. The board shall annually submit to the Department of Energy and Environmental Protection a proposal regarding the level of funding required for the discharge of its duties, which proposal shall be approved by the department either as submitted or as modified by the department, provided the total funding for the board, including, but not limited to, staff and third-party consultants, shall not exceed one million five hundred thousand dollars in any fiscal year.

      (f) The Connecticut Energy Advisory Board shall be within the Department of Energy and Environmental Protection for administrative purposes only.

      (P.A. 74-285, S. 3, 4, 20; P.A. 76-337; P.A. 77-614, S. 56, 162, 284, 587, 610; P.A. 78-303, S. 85, 136; P.A. 83-487, S. 8, 33; P.A. 86-187, S. 8, 10; P.A. 87-496, S. 73, 110; P.A. 95-250, S. 20, 42; 95-309, S. 11, 12; P.A. 96-211, S. 1, 5, 6; P.A. 03-140, S. 16; June 30 Sp. Sess. P.A. 03-6, S. 146(h); P.A. 04-189, S. 1; P.A. 07-242, S. 53; P.A. 11-80, S. 1, 37.)

      History: P.A. 76-337 increased members from 13 to 14, replaced "chairman" with "chairperson", added chairperson of power facility evaluation council as fourteenth member, replaced public utilities commission with public utilities control authority as called for in P.A. 75-486 and required that one gubernatorial appointee be representative of organized labor; P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with division of public utility control within the department of business regulation and commissioner of commerce with commissioner of economic development, effective January 1, 1979, and added Subsec. (c) placing board within office of policy and management for administrative purposes; P.A. 83-487 added commissioners of housing, administrative services and transportation to board and specified duties of board in new Subsec. (b), relettering previous Subsecs. (b) and (c) accordingly; P.A. 86-187 replaced power facility evaluation council with Connecticut siting council in Subsec. (a); P.A. 87-496 substituted "public works" for "administrative services" commissioner in Subsec. (a); P.A. 95-250 and P.A. 96-211 amended Subsec. (a) to reduce the number of board members from 17 to 16 and to replace the Commissioners of Economic Development and Housing with the Commissioner of Economic and Community Development; P.A. 95-309 changed effective date of P.A. 95-250 but did not affect this section; P.A. 03-140 amended Subsec. (a) to decrease membership from 16 to 9, to remove the Commissioner of Economic and Community Development, the chairperson of the Connecticut Siting Council and the Commissioner of Public Works from the board, to add the Consumer Counsel, the Commissioner of Agriculture and the Secretary of the Office of Policy and Management to the board, to reduce the Governor's appointments from four members to one member, to reduce the president pro tempore's and the speaker's appointments from three members to one member, to make a technical change and to add prohibition re appointees who are employed by or consultants of public service companies or electric suppliers or their affiliates or subsidiaries, amended Subsec. (b) to replace former provisions re board's duties with Subdivs. (1) to (7), inclusive, re board's duties, amended Subsec. (c) to delete provision re compensation for performance of official duties, redesignated existing Subsec. (d) as Subsec. (f), added new Subsec. (d) re convening the board's first meeting, and added new Subsec. (e) re employment of staff, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-242 amended Subsec. (a) to increase board membership from 9 to 15 members by adding representatives of an environmental organization knowledgeable in energy efficiency programs, a consumer advocacy organization, a state-wide business association, a chamber of commerce, a state-wide manufacturing association, low-income ratepayers, state residents with expertise in energy issues, and the public considered to be expert in electricity, generation, procurement or conservation programs, amended Subsec. (b) to delete former Subdivs. (1) re preparing annual report, (4) re issuing request for proposals and (5) re evaluating proposals, redesignate existing Subdivs. (2), (3), (6) and (7) as Subdivs. (1) to (4) and add new Subdiv. (5) re reviewing procurement plan and amended Subsec. (e) to allow board to retain third-party consultants, effective June 4, 2007; P.A. 11-80 amended Subsec. (a) by changing number of board members from 15 to 9, by removing from board the Commissioner of Environmental Protection, chairperson of the Public Utilities Control Authority, Commissioner of Transportation, Commissioner of Agriculture and Secretary of the Office of Policy and Management, by replacing Governor with president pro tempore of Senate as appointing authority for a representative of an environmental organization, by deleting president pro tempore's appointments of representatives of a chamber of commerce, a manufacturing association and a member of the public, by replacing speaker's appointment of a representative of state residents with a representative of academia and adding "renewable energy" to list of qualifications for speaker's other appointment, and by adding appointments for minority leaders of the House and Senate, amended Subsec. (b) by deleting former Subdivs. (1) to (5) and adding new Subdivs. (1) to (3) re responsibilities of board, amended Subsec. (d) by changing date of first meeting from not later than September 1, 2003, to not later than September 1, 2011, amended Subsec. (e) by replacing "Department of Public Utility Control" with "Department of Energy and Environmental Protection" and by adding requirement that board funding not exceed $1.5 million in any fiscal year and amended Subsec. (f) to place board within Department of Energy and Environmental Protection, rather than Office of Policy and Management, effective July 1, 2011.

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      Sec. 16a-3a. Integrated resources plan for energy resource procurement. (a) The Department of Energy and Environmental Protection, in consultation with the Connecticut Energy Advisory Board and the electric distribution companies, shall review the state's energy and capacity resource assessment and develop an integrated resources plan for the procurement of energy resources, including, but not limited to, conventional and renewable generating facilities, energy efficiency, load management, demand response, combined heat and power facilities, distributed generation and other emerging energy technologies to meet the projected requirements of their customers in a manner that minimizes the cost of such resources to customers over time and maximizes consumer benefits consistent with the state's environmental goals and standards. Such integrated resources plan shall seek to lower the cost of electricity.

      (b) On or before January 1, 2012, and biennially thereafter, the Department of Energy and Environmental Protection, in consultation with the Connecticut Energy Advisory Board and the electric distribution companies, shall prepare an assessment of (1) the energy and capacity requirements of customers for the next three, five and ten years, (2) the manner of how best to eliminate growth in electric demand, (3) how best to level electric demand in the state by reducing peak demand and shifting demand to off-peak periods, (4) the impact of current and projected environmental standards, including, but not limited to, those related to greenhouse gas emissions and the federal Clean Air Act goals and how different resources could help achieve those standards and goals, (5) energy security and economic risks associated with potential energy resources, and (6) the estimated lifetime cost and availability of potential energy resources.

      (c) Resource needs shall first be met through all available energy efficiency and demand reduction resources that are cost-effective, reliable and feasible. The projected customer cost impact of any demand-side resources considered pursuant to this subsection shall be reviewed on an equitable basis with nondemand-side resources. The integrated resources plan shall specify (1) the total amount of energy and capacity resources needed to meet the requirements of all customers, (2) the extent to which demand-side measures, including efficiency, conservation, demand response and load management can cost-effectively meet these needs in a manner that ensures equity in benefits and cost reduction to all classes and subclasses of consumers, (3) needs for generating capacity and transmission and distribution improvements, (4) how the development of such resources will reduce and stabilize the costs of electricity to each class and subclass of consumers, and (5) the manner in which each of the proposed resources should be procured, including the optimal contract periods for various resources.

      (d) The integrated resources plan shall consider: (1) Approaches to maximizing the impact of demand-side measures; (2) the extent to which generation needs can be met by renewable and combined heat and power facilities; (3) the optimization of the use of generation sites and generation portfolio existing within the state; (4) fuel types, diversity, availability, firmness of supply and security and environmental impacts thereof, including impacts on meeting the state's greenhouse gas emission goals; (5) reliability, peak load and energy forecasts, system contingencies and existing resource availabilities; (6) import limitations and the appropriate reliance on such imports; (7) the impact of the procurement plan on the costs of electric customers; and (8) the effects on participants and nonparticipants. Such plan shall include options for lowering the rates and cost of electricity. The Department of Energy and Environmental Protection shall hold a public hearing on such integrated resources plan pursuant to chapter 54. The commissioner may approve or reject such plan with comments.

      (e) The procurement manager of the Public Utilities Regulatory Authority, in consultation with the electric distribution companies, the regional independent system operator, and the Connecticut Energy Advisory Board, shall develop a procurement plan and hold public hearings on the proposed plan. Such hearings shall not constitute a contested case and shall be held in accordance with chapter 54. The Public Utilities Regulatory Authority shall give not less than fifteen days' notice of such proceeding by electronic publication on the department's Internet web site. Notice of such hearing may also be published in one or more newspapers if deemed necessary by the commissioner. Such notice shall state the date, time, and place of the hearing, the subject matter of the hearing, the statutory authority for the proposed integrated resources plan and the location where a copy of the proposed integrated resources plan may be obtained or examined in addition to posting the plan on the department's Internet web site. The commissioner shall provide a time period of not less than forty-five days from the date the notice is published on the department's Internet web site for public review and comment. The commissioner shall consider fully, after all public meetings, all written and oral comments concerning the proposed integrated resources plan and shall post on the department's Internet web site and notify by electronic mail each person who requests such notice. The commissioner shall make available the electronic text of the final integrated resources plan or an Internet web site where the final integrated resources plan is posted, and a report summarizing (1) all public comments, and (2) the changes made to the final integrated resources plan in response to such comments and the reasons therefor. The commissioner shall submit the final integrated resources plan by electronic means, or as requested, to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment. The department's Bureau of Energy shall, after the public hearing, make recommendations to the Commissioner of Energy and Environmental Protection regarding plan modifications. Said commissioner shall approve or reject the plan with comments.

      (f) On or before March 1, 2012, and every two years thereafter, the Department of Energy and Environmental Protection shall report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment regarding goals established and progress toward implementation of the integrated resources plan established pursuant to this section, as well as any recommendations for the process.

      (g) All costs associated with the development of the resource assessment and the development of the integrated resources plan and the procurement plan shall be recoverable through the assessment in section 16-49.

      (h) The decisions of the Public Utilities Regulatory Authority shall be guided by the goals of the Department of Energy and Environmental Protection, as described in section 22a-2d, and with the goals of the integrated resources plan approved pursuant to this section and the comprehensive energy plan developed pursuant to section 16a-3d and shall be based on the evidence in the record of each proceeding.

      (P.A. 07-242, S. 51; P.A. 09-218, S. 4; P.A. 11-80, S. 89.)

      History: P.A. 07-242 effective June 4, 2007; P.A. 09-218 amended Subsec. (b) to change assessment submittal from annually to biennially and amended Subsec. (e) to eliminate requirement that department approve, or modify and approve, procurement plan not later than 60 days after submittal, effective July 8, 2009; P.A. 11-80 amended Subsec. (a) to require Department of Energy and Environmental Protection, in consultation with Connecticut Energy Advisory Board and electric distribution companies, to develop plan, to change reference to a comprehensive plan to reference to an integrated resources plan and to add provision re plan to seek to lower the cost of electricity, amended Subsec. (b) to change date from on or before January 1, 2008, to on or before January 1, 2012, and to require department, in consultation with the board and companies, to prepare an assessment, amended Subsec. (c) to change "procurement plan" to "integrated resources plan", to add provision in Subdiv. (2) that needs be met in a manner that ensures equity to all classes and subclasses of consumers and to add in Subdiv. (4) "each class and subclass of", amended Subsec. (d) to change "procurement plan" to "integrated resources plan", to add Subdiv. (8) re effects on participants and nonparticipants and to add provisions re options for lowering rates and cost, public hearing and commissioner's ability to approve or reject the plan, amended Subsec. (e) to require that procurement manager, in consultation with electric distribution companies, regional independent system operator and Connecticut Energy Advisory Board, develop a procurement plan and hold public hearings, to delete provision re review of plan, and to add provisions re conduct and notice of hearings and re commissioner's approval or rejection of plan, amended Subsec. (f) to change date from on or before September 30, 2009, to on or before March 1, 2012, to change "Department of Public Utility Control" to "Department of Energy and Environmental Protection" and to change "procurement plan" to "integrated resources plan", amended Subsec. (g) to delete reference to electric distribution companies, to include integrated resources plan and to replace reference to systems benefits charge with reference to the assessment in Sec. 16-49 and added Subsec. (h) re decisions of authority guided by goals of department and plans, effective July 1, 2011 (Revisor's note: In Subsec. (h), a provision re goals of the plans was reworded editorially by the Revisors for clarity).

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      Sec. 16a-3b. Implementation of the integrated resources plan. (a) The Public Utilities Regulatory Authority shall oversee the implementation of the integrated resources plan approved by the Commissioner of Energy and Environmental Protection pursuant to section 16a-3a. The electric distribution companies shall implement the demand-side measures, including, but not limited to, energy efficiency, load management, demand response, combined heat and power facilities, distributed generation and other emerging energy technologies, specified in said plan through the comprehensive conservation and load management plan prepared pursuant to section 16-245m for review by the Energy Conservation Management Board. The electric distribution companies shall submit proposals to appropriate regulatory agencies to address transmission and distribution upgrades as specified in said plan.

      (b) If the integrated resources plan specifies the construction of a generating facility, the authority shall develop and issue a request for proposals, shall publish such request for proposals in one or more newspapers or periodicals, as selected by the authority, and shall post such request for proposals on its web site. Pursuant to a nondisclosure agreement, the authority shall make available to the Office of Consumer Counsel and the Attorney General all confidential bid information it receives pursuant to this subsection, provided the bids and any analysis of such bids shall not be subject to disclosure under the Freedom of Information Act. Three months after the authority issues a final decision, it shall make available all financial bid information, provided such information regarding the bidders not selected be presented in a manner that conceals the identities of such bidders.

      (1) On and after July 1, 2008, an electric distribution company may submit proposals in response to a request for proposals on the same basis as other respondents to the solicitation. A proposal submitted by an electric distribution company shall include its full projected costs such that any project costs recovered from or defrayed by ratepayers are included in the projected costs. An electric distribution company submitting any such bid shall demonstrate to the satisfaction of the authority that its bid is not supported in any form of cross subsidization by affiliated entities. If the authority approves such electric distribution company's proposal, the costs and revenues of such proposal shall not be included in calculating such company's earning for purposes of, or in determining whether its rates are just and reasonable under, sections 16-19, 16-19a and 16-19e. An electric distribution company shall not recover more than the full costs identified in any approved proposal. Affiliates of the electric distribution company may submit proposals pursuant to section 16-244h, regulations adopted pursuant to section 16-244h and other requirements the authority may impose.

      (2) If the authority selects a nonelectric distribution company proposal, an electric distribution company shall, within thirty days of the selection of a proposal by the authority, negotiate in good faith the final terms of a contract with a generating facility and shall apply to the authority for approval of such contract. Upon authority approval, the electric distribution company shall enter into such contract.

      (3) The authority shall determine the appropriate manner of cost recovery for proposals selected pursuant to this section.

      (4) The authority may retain the services of a third-party entity with expertise in the area of energy procurement to oversee the development of the request for proposals and to assist the authority in its approval of proposals pursuant to this section. The reasonable and proper expenses for retaining such third-party entity shall be recoverable through the generation services charge.

      (c) The electric distribution companies shall issue requests for proposals to acquire any other resource needs not identified in subsection (a) or (b) of this section but specified in the integrated resources plan approved by the Commissioner of Energy and Environmental Protection pursuant to section 16a-3a. Such requests for proposals shall be subject to approval by the authority.

      (P.A. 07-242, S. 52; P.A. 11-80, S. 1, 39.)

      History: P.A. 07-242 effective June 4, 2007; P.A. 11-80 amended Subsec. (a) to change entity to oversee implementation from Department of Public Utility Control to Public Utilities Regulatory Authority, to change "procurement plan" to "integrated resources plan" and "plan", and to change approving authority from Department of Public Utility Control to Commissioner of Energy and Environmental Protection, amended Subsec. (b) to change "procurement plan" to "integrated resources plan" and "department" to "authority", and amended Subsec. (c) to change "procurement plan" to "integrated resources plan", to change approving authority from Department of Public Utility Control to Commissioner of Energy and Environmental Protection and to change "department" to "authority", effective July 1, 2011.

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      Sec. 16a-3c. Electric distribution companies' plans to build electric generation facilities. (a) On and after July 1, 2011, if the Public Utilities Regulatory Authority does not receive and approve proposals pursuant to the requests for proposals processes, pursuant to section 16a-3b, sufficient to reach the goal set by the integrated resources plan approved pursuant to section 16a-3a, the authority may order an electric distribution company to submit for the authority's review in a contested case proceeding, in accordance with chapter 54, a proposal to build and operate an electric generation facility in the state. An electric distribution company shall be eligible to recover its prudently incurred costs consistent with the principles set forth in section 16-19e for any generation project approved pursuant to this section.

      (b) On or before January 1, 2008, the authority shall initiate a contested case proceeding to determine the costs and benefits of the state serving as the builder of last resort for the shortfall of megawatts from said request for proposal process.

      (P.A. 07-242, S. 117; P.A. 11-80, S. 1, 40.)

      History: P.A. 07-242 effective July 1, 2007; P.A. 11-80 amended Subsec. (a) to change date from on and after July 1, 2009, to on and after July 1, 2011, to change "Department of Public Utility Control" to "Public Utilities Regulatory Authority", to change reference to plan to reference to integrated resources plan and to change "department" to "authority" and amended Subsec. (b) to change "department" to "authority", effective July 1, 2011.

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      Sec. 16a-3d. Comprehensive energy plan. (a) On or before July 1, 2012, and every three years thereafter, the Commissioner of Energy and Environmental Protection, in consultation with the Connecticut Energy Advisory Board, shall prepare a comprehensive energy plan. Such plan shall reflect the legislative findings and policy stated in section 16a-35k and shall incorporate (1) an assessment and plan for all energy needs in the state, including, but not limited to, electricity, heating, cooling, and transportation, (2) the findings of the integrated resources plan, (3) the findings of the plan for energy efficiency adopted pursuant to section 16-245m, and (4) the findings of the plan for renewable energy adopted pursuant to section 16-245n. Such plan shall further include, but not be limited to, (A) an assessment of current energy supplies, demand and costs, (B) identification and evaluation of the factors likely to affect future energy supplies, demand and costs, (C) a statement of progress made toward achieving the goals and milestones set in the preceding comprehensive energy plan, (D) a statement of energy policies and long-range energy planning objectives and strategies appropriate to achieve, among other things, a sound economy, the least-cost mix of energy supply sources and measures that reduce demand for energy, giving due regard to such factors as consumer price impacts, security and diversity of fuel supplies and energy generating methods, protection of public health and safety, environmental goals and standards, conservation of energy and energy resources and the ability of the state to compete economically, (E) recommendations for administrative and legislative actions to implement such policies, objectives and strategies, (F) an assessment of the potential costs savings and benefits to ratepayers, including, but not limited to, carbon dioxide emissions reductions or voluntary joint ventures to repower some or all of the state's coal-fired and oil-fired generation facilities built before 1990, and (G) the benefits, costs, obstacles and solutions related to the expansion and use and availability of natural gas in Connecticut. If the department finds that such expansion is in the public interest, it shall develop a plan to increase the use and availability of natural gas for transportation purposes.

      (b) In adopting the comprehensive energy plan, the Commissioner of Energy and Environmental Protection, or the commissioner's designee, shall conduct a proceeding and such proceeding shall not be considered a contested case under chapter 54, provided a hearing pursuant to chapter 54 shall be held. The commissioner shall give not less than fifteen days' notice of such proceeding by electronic publication on the department's Internet web site. Notice of such hearing may also be published in one or more newspapers if deemed necessary by the commissioner. Such notice shall state the date, time, and place of the meeting, the subject matter of the meeting, the statutory authority for the proposed plan and the location where a copy of the proposed plan may be obtained or examined in addition to posting the plan on the department's Internet web site. The Public Utilities Regulatory Authority shall comment on the plan's impact on ratepayers and any other person may comment on the proposed plan. The commissioner shall provide a time period of not less than forty-five days from the date the notice is published on the department's Internet web site for public review and comment. The commissioner shall consider fully, after all public meetings, all written and oral comments concerning the proposed plan and shall post on the department's Internet web site and notify by electronic mail each person who requests such notice. The commissioner shall make available the electronic text of the final plan or an Internet web site where the final plan is posted, and a report summarizing (1) all public comments, and (2) the changes made to the final plan in response to such comments and the reasons therefore.

      (c) The commissioner shall submit the final plan electronically to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment.

      (d) The commissioner may, in consultation with the Connecticut Energy Advisory Board, modify the comprehensive energy plan in accordance with the procedures outlined in subsections (b) and (c) of this section. The commissioner may approve or reject such plan with comments.

      (e) The decisions of the Public Utilities Regulatory Authority shall be guided by the goals of the Department of Energy and Environmental Protection, as listed in section 22a-2d, and by the goals of the comprehensive energy plan and the integrated resources plan approved pursuant to section 16a-3a and shall be based on the evidence in the record of each proceeding.

      (f) All electric distribution companies' reasonable costs associated with the development of the resource assessment shall be recoverable through the systems benefits charge.

      (P.A. 11-80, S. 51.)

      History: P.A. 11-80 effective July 1, 2011.

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      Sec. 16a-3e. Integrated resources plan; requirements. New generation sources. Report. (a) The integrated resources plan, developed pursuant to section 16a-3a, to be adopted in 2012 and annually thereafter, shall (1) indicate specific options to reduce the price of electricity. Such options may include the procurement of new sources of generation. In the review of new sources of generation, the integrated resources plan shall indicate whether the private wholesale market can supply such additional sources or whether state financial assistance, long-term purchasing of electricity contracts or other interventions are needed to achieve the goal; (2) analyze in-state renewable sources of electricity in comparison to transmission line upgrades or new projects and out-of-state renewable energy sources, provided such analysis also considers the benefits of additional jobs and other economic impacts and how they are created and subsidized; (3) include an examination of average consumption and other states' best practices to determine why electricity rates are lower elsewhere in the region; (4) assess and compare the cost of transmission line projects, new power sources, renewable sources of electricity, conservation and distributed generation projects to ensure the state pursues only the least-cost alternative projects; (5) continually monitor supply and distribution systems to identify potential need for transmission line projects early enough to identify alternatives; and (6) assess the least-cost alternative to address reliability concerns, including, but not limited to, lowering electricity demand through conservation and distributed generation projects before an electric distribution company submits a proposal for transmission lines or transmission line upgrades to the independent system operator or the Federal Energy Regulatory Commission, provided no provision of such plan shall be deemed to prohibit an electric distribution company from making any filing required by law or regulation.

      (b) If, on and after July 1, 2012, the 2012 integrated resources plan or any subsequent plan contains an option to procure new sources of generation, the Department of Energy and Environmental Protection shall pursue the most cost-effective approach. If the department seeks new sources of generation, it shall issue a notice of interest for generation without any financial assistance, including, but not limited to, long-term contract financing or ratepayer guarantees. If the department fails to receive any responsive cost-effective proposal, it shall issue a request for proposals that may include such financial assistance.

      (c) On or before February 1, 2012, the department shall report to the joint standing committee of the General Assembly having cognizance of matters relating to energy regarding state policy and legislative changes the department feels would most likely lower the state's electricity rates.

      (P.A. 11-80, S. 90.)

      History: P.A. 11-80 effective July 1, 2011.

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      Sec. 16a-4. Office of Policy and Management. Staff. Regulations. 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, 8-3b, 8-32a, 8-33a, 8-35a and 8-189, subsection (b) of section 8-206 and sections 16a-20, 16a-102, 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.

      (P.A. 74-285, S. 5, 20; P.A. 75-537, S. 2, 55; P.A. 77-614, S. 42, 610; P.A. 78-303, S. 89, 136; P.A. 81-330, S. 10, 13; P.A. 88-248, S. 2; P.A. 03-140, S. 20; P.A. 11-80, S. 41.)

      History: P.A. 75-537 replaced Connecticut energy agency and its administrator with department and commissioner of planning and energy policy, deleted provisions re appointment by governor and exemption from classified service, and required that assistance be given the state planning council in Subsec. (a), restated Subsec. (b) and deleted Subsec. (c) which had provided for disposition of agency; P.A. 77-614 replaced department and commissioner of planning and energy policy with office of policy and management and its secretary, deleted references to state planning council and deleted Subsec. (b); P.A. 78-303 deleted references to repealed Secs. 4-60a and 4-60b; P.A. 81-330 deleted reference to Sec. 16a-19; P.A. 88-248 deleted reference to Sec. 2-73; (Revisor's note: In 1993 an obsolete reference to repealed Sec. 16-340 was deleted editorially by the Revisors); P.A. 03-140 deleted provision re providing the Connecticut Energy Advisory Board with assistance, effective July 1, 2003; P.A. 11-80 deleted reference to Sec. 4-124p, effective July 1, 2011.

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      Sec. 16a-7b. Infrastructure criteria guidelines. (a) Not later than December 1, 2004, the Connecticut Energy Advisory Board shall develop 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, and the state's policy regarding the restructuring of the electric industry, as set forth in section 16-244, 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 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.

      (b) No municipality other than a municipality operating a plant pursuant to chapter 101 or any special act and acting for purposes thereto may take an action to condemn, in whole or in part, or restrict the operation of any existing and currently operating energy facility, if such facility is first determined by the Public Utilities Regulatory Authority, following a contested case proceeding, held in accordance with the provisions of chapter 54, to comprise a critical, unique and unmovable component of the state's energy infrastructure, unless the municipality first receives written approval from the department, the Connecticut Energy Advisory Board and the Connecticut Siting Council that such taking would not have a detrimental impact on the state's or region's ability to provide a particular energy resource to its citizens.

      (P.A. 03-140, S. 18; P.A. 04-191, S. 1; P.A. 07-242, S. 77, 110; P.A. 11-80, S. 1, 42.)

      History: P.A. 03-140 effective July 1, 2003; P.A. 04-191 added provision re consideration of recommendations and findings of task force in developing environmental preference standards, effective July 1, 2004; P.A. 07-242 designated existing provisions as Subsec. (a) and added Subsec. (b) re limitation on ability of municipality to condemn or restrict operation of existing and operating energy facility, effective June 4, 2007, and deleted reference to the comprehensive energy plan prepared pursuant to Sec. 16a-7a, effective July 1, 2007; P.A. 11-80 amended Subsec. (b) to replace reference to Department of Public Utility Control with reference to Public Utilities Regulatory Authority and delete reference to Office of Policy and Management, effective July 1, 2011.

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      Sec. 16a-7c. Request for proposal: Solicitation, submission, evaluation, report, net energy analysis. (a) Not later than fifteen days after receiving information pursuant to subsection (e) of section 16-50l, the Connecticut Energy Advisory Board shall publish such information in one or more newspapers or periodicals, as selected by the Department of Energy and Environmental Protection.

      (b) On or after December 1, 2004, not later than fifteen days after the filing of an application pursuant to subdivision (1) of subsection (a) of section 16-50i, except for an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, the Connecticut Energy Advisory Board shall issue a request for proposal to seek alternative solutions to the need that will be addressed by the proposed facility in such application. Such request for proposal shall, where relevant, solicit proposals that include distributed generation or energy efficiency measures. The board shall publish such request for proposal in one or more newspapers or periodicals, as selected by the board. Any facility generating not more than five megawatts and any electric transmission line, electric generation facility or electric substation otherwise constituting a facility as described in subsection (a) of section 16-50i that, as part of the proceeding conducted pursuant to section 8 of public act 07-242* and in accordance with this subsection, shall be determined by the Connecticut Siting Council and the Public Utilities Regulatory Authority to be required for the reliability of electric supply to critical national defense and homeland security infrastructure shall be exempt from the request for proposal process described in this subsection and exempt from the municipal participation fee requirements of subdivision (1) of subsection (a) of section 16-50l. Such determination shall be made on or before December 31, 2007. Notwithstanding the provisions of this subsection, the board, by a vote of two-thirds of the members present and voting, may determine that a request for proposal is unnecessary for a specific application because the process is not likely to result in a reasonable alternative to the proposed facility. On or before December 1, 2007, after seeking public comment, the board shall approve additional criteria for considering whether a request for proposal process should not be required for a specific application. Any determination that a request for proposal is not required shall include the board's reasons for such determination.

      (c) The board may issue a request for proposal for solutions to a need for new energy resources, new energy transmission facilities in the state, and new energy conservation initiatives in the state identified in regional energy system planning processes conducted by the regional independent system operator, as defined in section 16-1. Such request for proposal shall, where relevant, solicit proposals that include distributed generation or energy efficiency measures. The board shall publish such request for proposal in one or more newspapers or periodicals, as selected by the board.

      (d) Not later than sixty days after the first date of publication of a request for proposal, a person or any legal entity may submit a proposal by filing with the board information as such person or entity may consider relevant to such proposal. The board may request further information from the person or entity that it deems necessary to evaluate the proposal pursuant to subsection (f) of this section.

      (e) Upon the submission of a proposal pursuant to a request for proposal, the person or entity submitting the proposal shall consult with the municipality in which the facility may be located and with any other municipality that would be required to be served with a copy of an application for such proposal under subdivision (1) of subsection (b) of section 16-50l concerning the proposed and alternative sites of the facility. 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 person or entity submitting the proposal 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 person or entity submitting the proposal of its recommendations concerning the proposed facility. Within sixty days of the initial consultation, the municipality shall issue its recommendations to the person or entity submitting the proposal. If a person or entity chooses to file an application pursuant to subdivision (3) of subsection (a) of section 16-50l, then such person or entity shall provide to the Connecticut Siting Council a summary of the consultations with the municipality, including all recommendations issued by the municipality. A person or entity that has complied with this subsection shall be exempt from the provisions of subsection (e) of section 16-50l.

      (f) Not later than forty-five days after the deadline for submissions in response to a request for proposal, the board shall issue a report that evaluates each proposal received, including any proposal contained in an application to the council that initiated a request for proposal, based on the materials received pursuant to subsection (d) of this section, or information contained in the application, as required by section 16-50l, for conformance with the infrastructure criteria guidelines created pursuant to section 16a-7b. The board shall forward the results of such evaluation process to the Connecticut Siting Council.

      (g) When evaluating submissions pursuant to subsection (f) of this section for a generation facility described in subdivision (3) of subsection (a) of section 16-50i that are in excess of sixty-five megawatts, the board shall perform a net energy analysis for each proposal. Such analysis shall include calculations of all embodied energy requirements used in the materials for initial construction of the facility over its projected useful lifetime. The analysis shall be expressed in a dimensionless unit as an energy profit ratio of energy generated by the facility to the calculated net energy expended in plant construction, maintenance and total fuel cycle energy requirements over the projected useful lifetime of the facility. The boundary for both the net energy calculations of the fuel cycle and materials for the facility construction and maintenance shall both be at the point of primary material extraction and include the energy consumed through the entire supply chain to final, but not be limited to, such subsequent steps as transportation, refinement and energy for delivery to the end consumer. The results of said net energy analysis shall be included in the results forwarded to the Connecticut Siting Council pursuant to subsection (f) of this section. For purposes of this subsection, "facility net energy" means the heat energy delivered by the facility contained in a fuel minus the life cycle energy used to produce the facility. "Fuel net energy" means the heat energy contained in a fuel minus the energy used to extract the fuel from the environment, refine it to a socially useful state and deliver it to consumers, and "embodied energy" means the total energy used to build and maintain a process, expressed in calorie equivalents of one type of energy.

      (P.A. 03-140, S. 19; P.A. 07-242, S. 54; June Sp. Sess. P.A. 07-4, S. 117; P.A. 11-80, S. 1, 43.)

      *Note: Section 8 of public act 07-242 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.


      History: P.A. 03-140 effective October 1, 2004; P.A. 07-242 amended Subsec. (b) to exempt certain facilities deemed required for reliability of electric supply to critical national defense and homeland security infrastructure from request for proposal process and from municipal participation fee requirements of Sec. 16-50l(a)(1), deleted reference to comprehensive energy report in Subsec. (c) and added Subsec. (g) re performing net energy analysis for facilities in excess of 65 megawatts, effective July 1, 2007; June Sp. Sess. P.A. 07-4 amended Subsec. (g) to specify applicability to "generation" facilities, effective July 1, 2007; P.A. 11-80 amended Subsec. (a) to provide for Department of Energy and Environmental Protection, rather than the board, to select newspapers and periodicals, effective July 1, 2011; pursuant to P.A. 11-80, "Department of Public Utility Control" was changed editorially by the Revisors to "Public Utilities Regulatory Authority" in Subsec. (b), effective July 1, 2011.

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      Sec. 16a-13b. Responsibilities of the Commissioner of Energy and Environmental Protection in energy emergency activities. (a) The commissioner 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 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 commissioner shall consult with the Department of Emergency Services and Public Protection, the Public Utilities Regulatory Authority, the Department of Transportation and such other state agencies as the commissioner deems appropriate. Each state agency shall assist the commissioner in carrying out the responsibilities assigned by sections 16a-9 to 16a-13d, inclusive.

      (P.A. 79-572, S. 9, 10; P.A. 80-482, S. 4, 40, 345, 348; P.A. 88-135, S. 3; P.A. 04-219, S. 7; P.A. 11-51, S. 156; 11-80, S. 1.)

      History: P.A. 80-482 made division of public utility control an independent department and abolished department of business regulation; P.A. 88-135 substituted office of "emergency management" for office of "civil preparedness" in Subsec. (b); P.A. 04-219 amended Subsec. (b) to substitute Department of Emergency Management and Homeland Security for Office of Emergency Management, effective January 1, 2005; P.A. 11-51 amended Subsec. (b) by replacing "Department of Emergency Management and Homeland Security, the Department of Public Safety" with "Department of Emergency Services and Public Protection", effective July 1, 2011; pursuant to P.A. 11-80, "secretary" was changed editorially by the Revisors to "commissioner" and "Department of Public Utility Control" was changed editorially by the Revisors to "Public Utilities Regulatory Authority", effective July 1, 2011.

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      Sec. 16a-14a. Grant program for businesses involved in energy-related products and services. Section 16a-14a is repealed, effective July 1, 2011.

      (P.A. 79-576, S. 4, 7; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 11-80, S. 1, 140.)

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