General Assembly |
Bill No. 493 | ||
February Session, 2010 |
LCO No. 4880 | ||
*04880__________* | |||
Referred to Committee on No Committee |
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Introduced by: |
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SEN. WILLIAMS, 29th Dist. REP. DONOVAN, 84th Dist. |
AN ACT REDUCING ELECTRICITY COSTS AND PROMOTING RENEWABLE ENERGY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 16-1b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The Connecticut Energy and Technology Authority authorized under section 16-2 of the general statutes, as amended by this act, shall be organized into two divisions as follows:
(1) There shall be a [Department] Division of Public Utility Control. The [department] division head shall be the [chairperson of the Public Utilities Control Authority] executive director of the division who shall report to the Connecticut Energy and Technology Authority; and
(2) There shall be a Division of Research, Energy and Technology. The division shall have three bureaus.
Sec. 2. Section 16-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall [continue to] be a [Public Utilities Control] Connecticut Energy and Technology Authority, which shall constitute a successor authority to the Public Utilities Control Authority and shall consist of five 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. All such members shall serve for 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 one-year terms starting on July first of the same year. The vice-chairperson shall perform the duties of the chairperson in his absence.
(c) Any matter coming before the authority may be assigned by the chairperson to a panel of three commissioners, not more than two of whom shall be members of the same political party. Except as otherwise provided by statute or regulation, the panel shall determine whether a public hearing shall be held on the matter, and may designate one or two of its members to conduct such hearing or appoint an examiner to ascertain the facts and report thereon to the panel. The decision of the panel, if unanimous, shall be the decision of the authority. If the decision of the panel is not unanimous, the matter shall be referred to the entire authority for decision.
(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.
(e) To insure the highest standard of public utility regulation, on and after October 1, 2007, any newly appointed commissioner of the authority shall have education or training and three or more years of experience in one or more of the following fields: Economics, engineering, law, accounting, finance, utility regulation, public or government administration, consumer advocacy, business management, and environmental management. On and after July 1, 1997, at least three of these fields shall be represented on the authority by individual commissioners at all times. Any time a commissioner is newly appointed, the chairperson shall identify at least one of the commissioners [shall have] as having experience in utility customer advocacy.
(f) The chairperson of the authority, with the consent of two or more other members of the authority, shall appoint an executive director, who shall be the chief administrative officer of the [Department] Division of Public Utility Control. The executive director shall be supervised by the chairperson of the authority, serve for a term of four years and annually receive a salary equal to that established for management pay plan salary group seventy-two by the Commissioner of Administrative Services. The executive director (1) shall conduct comprehensive planning with respect to the functions of the department; (2) shall coordinate the activities of the [department] division; (3) shall cause the administrative organization of the [department] division to be examined with a view to promoting economy and efficiency; (4) shall, in concurrence with the chairperson of the authority, organize the department into such divisions, bureaus or other units as he deems necessary for the efficient conduct of the business of the [department] division and may from time to time abolish, transfer or consolidate within the [department] division, any other division, bureau or other units as may be necessary for the efficient conduct of the business of the department, provided such organization shall include any division, bureau or other unit which is specifically required by the general statutes; (5) shall, for any proceeding on a proposed rate amendment in which staff of the [department] division are to be made a party pursuant to section 16-19j, determine which staff shall appear and participate in the proceedings and which shall serve the members of the authority; (6) may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of his duties; and (7) may, subject to the provisions of section 4-32, and unless otherwise provided by law, receive any money, revenue or services from the federal government, corporations, associations or individuals, including payments from the sale of printed matter or any other material or services. The executive director shall require the staff of the [department] division to have expertise in public utility engineering and accounting, finance, economics, computers and rate design. Subject to the provisions of chapter 67 and within available funds in any fiscal year, the executive director may appoint a secretary, and may employ such accountants, clerical assistants, engineers, inspectors, experts, consultants and agents as the [department] division may require.
(g) No member of the authority or employee of the [department] division shall, while serving as such, have any interest, financial or otherwise, direct or indirect, or engage in any business, employment, transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his duties or employment in the public interest and of his responsibilities as prescribed in the laws of this state, as defined in section 1-85; provided, no such substantial conflict shall be deemed to exist solely by virtue of the fact that a member of the authority or employee of the [department] division, or any business in which such a person has an interest, receives utility service from one or more Connecticut utilities under the normal rates and conditions of service.
(h) No member of the authority or employee of the [department] division shall accept other employment which will either impair his independence of judgment as to his official duties or employment or require him, or induce him, to disclose confidential information acquired by him in the course of and by reason of his official duties.
(i) No member of the authority or employee of the [department] division shall wilfully and knowingly disclose, for pecuniary gain, to any other person, confidential information acquired by him in the course of and by reason of his official duties or employment or use any such information for the purpose of pecuniary gain.
(j) No member of the authority or employee of the [department] division 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 or the Commissioner of Environmental Protection.
(k) No commissioner of the authority shall, for a period of one year following the termination of his or her service as a commissioner, accept employment: (1) By a public service company or by any person, firm or corporation engaged in lobbying activities with regard to governmental regulation of public service companies; (2) by a certified telecommunications provider or by any person, firm or corporation engaged in lobbying activities with regard to governmental regulation of persons, firms or corporations so certified; or (3) by an electric supplier or by any person, firm or corporation engaged in lobbying activities with regard to governmental regulation of electric suppliers. No such commissioner who is also an attorney shall in any capacity, appear or participate in any matter, or accept any compensation regarding a matter, before the authority, for a period of one year following the termination of his or her service as a commissioner.
Sec. 3. (NEW) (Effective July 1, 2011) (a) The Division of Research, Energy and Technology shall, in accordance with the comprehensive plan approved pursuant to section 16a-3a of the general statutes, as amended by this act, (1) increase the state's energy independence and security by promoting conservation and efficiency and the use of diverse indigenous and regional electric resources; (2) encourage the use of renewable energy resources and new electric technologies, particularly technologies that support economic development in the state and promote environmental sustainability; (3) minimize costs of electric services to state consumers while maintaining reliable service; (4) discourage undue price volatility of electric service; and (5) encourage competition, if in the interests of state consumers.
(b) The Connecticut Energy and Technology Authority (1) shall conduct comprehensive planning with respect to the functions of the division; (2) shall coordinate the activities of the division; (3) shall cause the administrative organization of the division to be examined with a view to promoting economy and efficiency; (4) may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of the division's duties; and (5) may, subject to the provisions of section 4-32 of the general statutes, and unless otherwise provided by law, receive any money, revenue or services from the federal government, corporations, associations or individuals, including payments from the sale of printed matter or any other material or services. Within available funds in any fiscal year, the authority may appoint a secretary and may employ such accountants, clerical assistants, engineers, inspectors, experts, consultants and agents as the division may require.
(c) The Connecticut Academy of Science and Engineering shall conduct a study on how best to implement a research office regarding electricity and other energy and technology matters within the division and shall report the findings of such study to the joint standing committee of the General Assembly having cognizance of matters relating to energy on or before November 1, 2011.
(d) The bureau of power procurement shall report directly to the authority commissioners and shall (1) be responsible for overseeing the procurement of electricity for the standard offer, (2) be a liaison to the New England Power Pool, the regional independent system operator and the Federal Energy Regulatory Commission, (3) recommend to the authority procurement expectations, and (4) report quarterly to the authority commissioners on how current purchasing is meeting the established expectations and if any adjustments should be made.
(f) The bureau of conservation and renewable energy shall report directly to the authority commissioners and shall (1) be responsible for the overall implementation of the authority's conservation and renewable energy goals, (2) provide expertise to the authority on conservation and renewable energy dockets and authority decisions, (3) develop, in consultation with the Energy Conservation Management Board and the electric distribution companies, an electric conservation plan, which shall include a review of electric conservation programs and recommendations for meeting the conservation goals established pursuant to section 16a-3a of the general statutes, (4) report annually to the authority on (A) the Energy Conservation Management Board's performance and how such board allocated its funds, and (B) an evaluation of other state conservation programs and recommendations for improving their efficiency.
Sec. 4. (Effective from passage) (a) There is established a working group that shall consist of the following: The Secretary of the Office of Policy and Management, the Consumer Counsel, the chairperson of the Public Utility Control Authority, the Attorney General, the executive director of Connecticut Innovations, Incorporated, or their designees, and the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to energy.
(b) The purpose of the working group established pursuant to subsection (a) of this section shall be to develop plans for the implementation of organizational and structural changes in state government related to the establishment of the Connecticut Energy and Technology Authority and the Division of Public Utility Control and the Division of Research, Energy and Technology pursuant to section 1 of this act, as well as to provide recommendations for the most efficient and effective way to meet the goals of sections 2 and 3 of this act. On or before January 1, 2011, the working group shall issue a report of its findings, including, but not limited to, drafts of legislation necessary for such implementation to the General Assembly.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
16-1b |
Sec. 2 |
July 1, 2011 |
16-2 |
Sec. 3 |
July 1, 2011 |
New section |
Sec. 4 |
from passage |
New section |