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Substitute Senate Bill No. 900

Public Act No. 17-64

AN ACT CONCERNING MINOR REVISIONS TO ELECTRIC SUPPLIER COMPLIANCE REQUIREMENTS REGARDING ENVIRONMENTAL LAWS, RENEWABLE PORTFOLIO STANDARDS AND ADVERTISING AND CONTRACT PROVISIONS, THE PUBLIC UTILITIES REGULATORY AUTHORITY'S REPORTING OF ELECTRIC RATES AND HYDROELECTRIC GENERATION AT CERTAIN DAMS.

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

Section 1. Subsection (g) of section 16-245 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(g) As conditions of continued licensure, in addition to the requirements of subsection (c) of this section: (1) The licensee shall comply with the National Labor Relations Act and regulations, if applicable; (2) the licensee shall comply with the Connecticut Unfair Trade Practices Act and applicable regulations; (3) each generating facility operated by or under long-term contract to the licensee shall comply with chapter 277a, state environmental laws and regulations adopted by the Commissioner of Energy and Environmental Protection, pursuant to section 22a-174j; (4) the licensee shall comply with the renewable portfolio standards [,] established in or pursuant to section 16-245a; (5) the licensee shall be a member of the New England Power Pool or its successor or have a contractual relationship with one or more entities who are members of the New England Power Pool or its successor and the licensee shall comply with the rules of the regional independent system operator and standards and any other reliability guidelines of the regional independent systems operator; (6) the licensee shall agree to cooperate with the authority and other electric suppliers in the event of an emergency condition that may jeopardize the safety and reliability of electric service; (7) the licensee shall comply with the code of conduct established pursuant to section 16-244h; (8) for a license to a participating municipal electric utility, the licensee shall provide open and nondiscriminatory access to its distribution facilities to other licensed electric suppliers; (9) the licensee or the entity or entities with whom the licensee has a contractual relationship to purchase power shall be in compliance with all applicable licensing requirements of the Federal Energy Regulatory Commission; (10) [each generating facility operated by or under long-term contract to the licensee shall be in compliance with chapter 277a and state environmental laws and regulations; (11) the licensee shall comply with the renewable portfolio standards established in section 16-245a; (12)] the licensee shall offer a time-of-use price option to customers. Such option shall include a two-part price that is designed to achieve an overall minimization of customer bills by encouraging the reduction of consumption during the most energy intense hours of the day. The licensee shall file its time-of-use rates with the Public Utilities Regulatory Authority; [(13)] (11) the licensee shall acknowledge that it is subject to chapters 208, 212, 212a and 219, as applicable, and the licensee shall pay all taxes it is subject to in this state; [(14)] (12) the licensee shall make available to the authority for posting on the authority's Internet web site and shall list on the licensee's own Internet web site, on a monthly basis, the highest and lowest electric generation service rate charged by the licensee as part of a variable rate offer in each of the preceding twelve months to any customer with a peak demand of less than fifty kilowatts, cumulated of all such customer's meters, during a twelve-month period; and [(15)] (13) any contract between a licensee and a residential customer eligible for standard service entered into on and after July 1, 2014, shall provide for the same electric generation service rate that may not be exceeded for at least the first three billing cycles of the contract, provided the licensee may decrease such rate at any time. Also as a condition of licensure, the authority shall prohibit each licensee from declining to provide service to customers for the reason that the customers are located in economically distressed areas. The authority may establish additional reasonable conditions to assure that all retail customers will continue to have access to electric generation services.

Sec. 2. Subdivision (5) of subsection (h) of section 16-245o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(5) Each electric supplier shall disclose to the Public Utilities Regulatory Authority in a standardized format (A) the amount of additional renewable energy credits, if any, such supplier will purchase other than required credits, (B) where such additional credits are being sourced from, and (C) the types of renewable energy sources that will be purchased. Each electric supplier shall only advertise renewable energy credits [purchased beyond those required pursuant to sections 16-245a and 16-243q] pursuant to the methodology approved by the authority and shall report to the authority the renewable energy sources of such credits and any changes to the types of renewable energy sources offered.

Sec. 3. Subdivision (8) of subsection (h) of section 16-245o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(8) An electric supplier shall not make a material change in the terms or duration of any contract for the provision of electric generation services by an electric supplier without the express consent of the customer. Nothing in this subdivision shall restrict an electric supplier from renewing a contract by clearly informing the customer, in writing, not less than thirty days or more than sixty days before the renewal date, of the renewal terms, including a summary of any new or altered terms, and of the option not to accept the renewal offer, provided no fee pursuant to subdivision (7) of this subsection shall be charged to a customer who terminates or cancels such renewal [not later than seven business days after receiving] within the first two billing [statement for] cycles of the renewed contract.

Sec. 4. Subsection (a) of section 16-245x of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The Public Utilities Regulatory Authority shall, in consultation with 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 authority shall report its findings to the joint standing committee of the General Assembly having cognizance of matters relating to energy, provided, beginning with the report prepared in 2018, the authority shall report such findings on or before April first of each year.

Sec. 5. Section 172 of public act 09-7 of the September special session is amended to read as follows (Effective October 1, 2017):

The Commissioner of Environmental Protection shall execute an agreement, [jointly or individually] under terms and conditions acceptable to the commissioner, with an entity selected pursuant to a request for proposals issued jointly or individually, on or after October 5, 2009, by the towns of Canton, Avon and Burlington [, under terms and conditions acceptable to the commissioner,] that allows [said towns] such selected entity to: (1) Enter upon and conduct physical examinations and studies of the upper and lower Collinsville dams and associated structures, including, but not limited to, power houses or gate houses on the Farmington River for the purpose of determining the feasibility of using such dams and associated structures for hydroelectric generations, and (2) install, operate and maintain hydroelectric generating facilities and associated appurtenances, including fish ladders at such dams, without adjusting river flows.

Approved June 27, 2017