Connecticut Seal

General Assembly

Amendment

 

January Session, 2013

LCO No. 7233

   
 

*SB0113807233HDO*

Offered by:

 

REP. MUSHINSKY, 85th Dist.

 

To: Subst. Senate Bill No. 1138

File No. 120

Cal. No. 469

(As Amended by Senate Amendment Schedules "A" and "C")

"AN ACT CONCERNING CONNECTICUT'S CLEAN ENERGY GOALS. "

Strike section 2 in its entirety and substitute the following in lieu thereof:

"Sec. 2. Subdivision (44) of subsection (a) of section 16-1 of the general statutes is repealed and the following is substitute in lieu thereof (Effective from passage):

(44) "Class III source" means the electricity output from combined heat and power systems with an operating efficiency level of no less than fifty per cent that are part of customer-side distributed resources developed at commercial and industrial facilities in this state on or after January 1, 2006, a waste heat recovery system installed on or after April 1, 2007, that produces electrical or thermal energy by capturing preexisting waste heat or pressure from industrial or commercial processes, or the electricity savings created in this state from conservation and load management programs begun on or after January 1, 2006, provided not more than fifty per cent of the Class III credits issued pursuant to section 16-243t shall be generated by such conservation and load management programs; "

Strike section 9 in its entirety and substitute the following in lieu thereof:

"Sec. 9. (NEW) (Effective from passage) (a) On or before August 1, 2013, the Department of Energy and Environmental Protection and the Public Utilities Regulatory Authority shall conduct coordinated uncontested proceedings, each of which shall include one technical meeting. The department shall evaluate whether allowing five percentage points of the Class I renewable portfolio standard established pursuant to section 16-245a of the general statutes, as amended by this act, to be met by verifiable large-scale hydropower would result in a cleaner portfolio of energy sources for the state than the portfolio of energy sources for the state in existence on the effective date of this section. The authority shall evaluate the ratepayer impact of allowing five percentage points of the Class I renewable portfolio standard to be met by verifiable large-scale hydropower. Notwithstanding subsections (b) to (e), inclusive, of this section, if the department determines that the portfolio of energy sources for the state will not be cleaner, as described in this subsection, or if the authority determines there will be an adverse impact to ratepayers, verifiable large-scale hydropower shall not be allowed to meet any percentage of the Class I renewable portfolio standard.

(b) During the calendar year commencing January 1, 2014, and continuing each calendar year thereafter, if alternative compliance payments, pursuant to subsection (j) of section 16-244c of the general statutes, as amended by this act, and subsection (k) of section 16-245 of the general statutes, as amended by this act, are made for failure to meet the renewable portfolio standards, there shall be a presumption for the calendar year the alternative compliance payments are made that there is an insufficient supply of Class I renewable energy sources, as defined in section 16-1 of the general statutes, as amended by this act, for electric suppliers or electric distribution companies to comply with the requirements of section 16-245a of the general statutes, as amended by this act.

(c) In the event there is a presumption of insufficient supply of Class I renewable energy sources pursuant to subsection (b) of this section for the calendar year the alternative compliance payments are made, the Commissioner of Energy and Environmental Protection may determine whether such payments resulted from a material shortage of Class I renewable energy sources. In making this determination, the commissioner shall consider whether such payments resulted from intentional or negligent action by an electric supplier or electric distribution company to purchase renewable energy credits available in the New England Power Pool Generation Information System market.

(d) In the event there is such a presumption pursuant to subsection (b) of this section and the commissioner finds that the alternative compliance payments were due to a material shortage of Class I renewable energy sources pursuant to subsection (c) of this section, the commissioner shall determine the adequacy, or potential adequacy, of Class I renewable energy sources to meet the succeeding years' renewable portfolio standard. In making this determination, the commissioner may consider (1) future cost and availability of certificates issued by the New England Power Pool Generation Information System based on the status of projects under development in the region, (2) future requirements of certificates issued by the New England Power Pool Generation Information System in other states, and (3) the projected compliance costs of Class I renewable energy sources.

(e) Notwithstanding subsection (b) of section 16-245a of the general statutes, as amended by this act, in the event that, for any calendar year commencing on or after January 1, 2014, there is such a presumption pursuant to subsection (b) of this section and the commissioner finds material shortage of Class I renewable energy sources pursuant to subsection (c) of this section, and after concluding the determination of adequacy pursuant to subsection (d) of this section, commencing on or after January 1, 2016, the commissioner may allow not more than one percentage point of the Class I renewable portfolio standards established pursuant to section 16-245a of the general statutes, as amended by this act, effective for the succeeding and subsequent calendar years to be satisfied by large-scale hydropower procured pursuant to section 7 of this act. The requirements applicable to electric suppliers and electric distribution companies pursuant to section 16-245a of the general statutes, as amended by this act, shall consequently be reduced by not more than one percentage point in proportion to the commissioner's action, provided (1) the commissioner shall not allow a total of more than five percentage points of the Class I renewable portfolio standard to be met by large-scale hydropower by December 31, 2020, and (2) no such large-scale hydropower shall be eligible to trade in the New England Power Pool Generation Information System renewable energy credit market. "