Connecticut 2021 Regular Session Status: In Committee 7 D cosponsors

SB 882 — AN ACT CONCERNING CLIMATE CHANGE MITIGATION AND HOME ENERGY AFFORDABILITY.

Last action — FILE NO. 283

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

273 added · 236 removed

273 line(s) added, 236 removed.

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General Assembly Governor's Bill No.
Senate General Assembly File No.
882 January Session, 2021 LCO No.
283 January Session, 2021 Substitute Senate Bill No.
3280 Referred to Committee on ENERGY AND TECHNOLOGY Introduced by:
882 Senate, April 6, 2021 The Committee on Energy and Technology reported through SEN.
Request of the Governor Pursuant to Joint Rule 9 AN ACT CONCERNING CLIMATE CHANGE MITIGATION AND HOME ENERGY AFFORDABILITY.
NEEDLEMAN of the 33rd Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING CLIMATE CHANGE MITIGATION AND HOME ENERGY AFFORDABILITY.
LCO No.
sSB882 / File No.
3280 1 of 8 Governor's Bill No.882 [(3)] (4) Not later than January 1, 2050, to a level at least eighty per cent below the level emitted in 2001;
283 1 sSB882 File No.
283 [(3)] (4) Not later than January 1, 2050, to a level at least eighty per cent below the level emitted in 2001;
(NEW) (Effective July 1, 2021) (a) The Commissioner of Energy and Environmental Protection, in consultation with the procurement manager identified in subsection (l) of section 16-2 of the general statutes, the Office of Consumer Counsel and the Attorney General, may, in coordination with other states in the control area of the regional independent system operator, as defined in section 16-1 of the general statutes, in coordination with states in a neighboring control area, or on behalf of the state alone, solicit proposals for energy products or benefits, associated attributes or any combination thereof, in one solicitation or multiple solicitations, from any active demand response measures, passive demand reduction measures or any combination thereof.
The commissioner may select proposals from such resources that do not, annually, exceed three hundred thousand megawatt hours of electricity in the aggregate or one hundred megawatts of demand reduction.
(b) If an electric distribution company, as defined in section 16-1 of the general statutes, submits a proposal, such electric distribution company shall demonstrate that the electric demand reductions of the proposal are in addition to the projected electric demand reductions of the conservation and load management programs authorized pursuant to section 16-245m of the general statutes.
(c) In making any selection of such proposals, the commissioner shall consider factors, including, but not limited to, whether the proposal (1) is in the best interest of ratepayers, (2) is consistent with the requirements to reduce greenhouse gas emissions in accordance with section 22a-200a of the general statutes, as amended by this act, (3) is consistent with the policy goals outlined in the Comprehensive Energy LCO No.
3280 2 of 8 Governor's Bill No.882 Strategy adopted pursuant to section 16a-3d of the general statutes and the Integrated Resources Plan adopted pursuant to section 16a-3a of the general statutes, and (4) whether the proposal promotes electric distribution system benefits.
(d) The commissioner may direct the electric distribution companies to enter into power purchase agreements for energy products or benefits, associated attributes or any combination thereof from resources selected pursuant to this section for periods of not more than twenty years on behalf of customers of the state's electric distribution companies.
The commissioner may direct the electric distribution companies to provide information necessary to develop and implement any solicitation issued pursuant to this section, including, but not limited to, criteria for distribution system benefits.
(e) Certificates issued by the New England Power Pool Generation Information System for any Class III source procured by an electric distribution company pursuant to this section may be:
(1) Sold into the New England Power Pool Generation Information System renewable energy credit market to be used by any electric supplier or electric distribution company to meet the requirements of section 16-245a of the general statutes, provided the revenues from such sale are credited to electric distribution company customers as described in this section;
or (2) retained by the electric distribution company to meet the requirements of section 16-245a of the general statutes.
In considering whether to sell or retain such certificates, the electric distribution company shall select the option that is in the best interest of such company's ratepayers, as directed by the Public Utilities Regulatory Authority.
(f) Any agreement entered into pursuant to this section shall be subject to review and approval by the Public Utilities Regulatory Authority, which review shall be completed not later than one hundred twenty days after receipt by the authority.
The authority shall review and approve such agreement if it meets the criteria in the request for proposals issued pursuant to subsection (a) of this section and is in the LCO No.
3280 3 of 8 Governor's Bill No882 best interest of ratepayers.
If the authority does not issue a decision within one hundred twenty days after such filing, the agreement shall be deemed approved.
The net costs of any such agreement, including costs incurred by the electric distribution companies under the agreement and reasonable and prudent costs incurred by the electric distribution companies in connection with the agreement, shall be recovered on a timely basis through a fully reconciling component of electric rates through all customers of the electric distribution companies.
Any net revenues from the sale of products purchased in accordance with long-term contracts entered into pursuant to this section shall be credited to customers of the electric distribution companies.
(g) The commissioner may hire consultants with expertise in active and passive demand response programs to assist in implementing this section, including, but not limited to, the evaluation of proposals submitted pursuant to this section.
All reasonable costs associated with the commissioner's solicitation and review of proposals pursuant to this section shall be recoverable on a timely basis through a fully reconciling component of electric rates through all customers of the electric distribution companies.
Such costs shall be recoverable even if the commissioner does not select any proposals pursuant to any solicitation issued pursuant to this section.
(h) (1) Any dispute arising from a contract that is approved by the authority pursuant to this section shall be brought to the authority.
A party may petition the authority for a declaratory ruling or make an application for review pursuant to this subsection.
Notwithstanding subsection (a) of section 4-176 of the general statutes, the authority may not, onitsownmotion,initiate aproceeding toreviewacontract entered into pursuant to this subsection.
(2) The authority shall review such contract claims brought pursuant to subdivision (1) of this subsection.
The authority shall decide such contract claims by issuing a declaratory ruling or a final decision in a contested case proceeding, including ordering legal and equitable LCO No.
3280 4 of 8 Governor's Bill No882 contract remedies.
Any party to the contract shall have the right to appeal to the Superior Court from any such declaratory ruling or final decision adjudicating such contract claims pursuant to this subsection.
Sec.
3.
(c) Each electric distribution and gas company, as defined in section 16-1ofthegeneralstatutes,heatingfueldealer,asdefinedinsection16a- 23m of the general statutes, and other provider of electricity, natural gas or heating fuel shall maintain and make available to a landlord, free of charge, records of the energy consumption data for dwelling units owned, leased or subleased by said landlord for the preceding twelve LCO No.
(c) Each electric distribution and gas company, as defined in section 16-1ofthegeneralstatutes,heatingfueldealer,asdefinedinsection16a- 23m of the general statutes, and other provider of electricity, natural gas sSB882 / File No.
3280 5 of 8 Governor's Bill No882 months of occupation.
283 2 sSB882 File No.
283 or heating fuel shall maintain and make available to a landlord, free of charge, records of the energy consumption data for dwelling units owned, leased or subleased by said landlord for the preceding twelve months of occupation.
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(3) An appeal shall be instituted not later than thirty days after the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to section 52-259 of the general statutes, at the superior court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.
(3) An appeal shall be instituted not later than thirty days after the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to section 52-259 of the general statutes, at the superior court facility designated by the Chief Court sSB882 / File No.
LCO No.
283 3 sSB882 File No.
3280 6 of 8 Governor's Bill No882 (4) The remedies in this subsection shall be in addition to any other remedies available at law, or in equity, to any person.
283 Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.
(4) The remedies in this subsection shall be in addition to any other remedies available at law, or in equity, to any person.
4.
3.
(b) (1) A residential property owner shall provide a Home Energy Label for any residential property wherever such residential property is publicly listed for sale.
(b) (1) A residential property owner may provide a Home Energy Label for any residential property wherever such residential property is publicly listed for sale.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a residential property owner may comply with the requirements of this section by providing the:
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a residential property owner may provide, wherever such residential property is publicly listed for sale, the:
(c) Each electric distribution and gas company, as defined in section 16-1ofthegeneralstatutes,heatingfueldealer,asdefinedinsection16a- 23m of the general statutes, and other provider of electricity, natural gas or heating fuel shall maintain and make available to a residential property owner, free of charge, records of the energy consumption data LCO No.
(c) Each electric distribution and gas company, as defined in section 16-1ofthegeneralstatutes,heatingfueldealer,asdefinedinsection16a- sSB882 / File No.
3280 7 of 8 Governor's Bill No.882 for residential properties owned by said residential property owner for the preceding twelve months of occupation.
283 4 sSB882 File No.
283 23m of the general statutes, and other provider of electricity, natural gas or heating fuel shall maintain and make available to a residential property owner, free of charge, records of the energy consumption data for residential properties owned by said residential property owner for the preceding twelve months of occupation.
(f) On and after July 1, 2021, every agreement to purchase residential property for which a Home Energy Label is required pursuant to this section shall include a requirement that the seller credit the purchaser with the sum of one thousand dollars at closing should the seller fail to furnish the information required under subsection (b) of this section.
2 July 1, 2021 New section Sec.
2 October 1, 2021 New section Sec.
3 October 1, 2021 New section Sec.
3 October 1, 2021 New section ET Joint Favorable Subst.
4 October 1, 2021 New section Statement of Purpose:
sSB882 / File No.
To implement the Governor's budget recommendations.
283 5 sSB882 File No.
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
283 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
3280 8 of 8
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
Municipalities Effect FY 22 $ FY 23 $ Various Municipalities Potential See Below See Below Revenue Gain Explanation The bill requires that the state eliminate all greenhouse gas emissions resulting from electricity supplied to consumers.
The bill does not mandate specific actions by state agencies or include funding to achieve such goals and therefore it is unclear to what extent it will impact state costs moving forward.
The bill also requires that landlords and residential property owners provide energy efficiency information to potential tenants or homebuyers and allows municipalities to levy fines against landlords of up to $1,000 to enforce this provision.
There is a revenue gain to the extent municipalities adopt such penalties and levy fines against landlords.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of violations enforced by municipalities.
sSB882 / File No.
283 6 sSB882 File No.
283 OLR Bill Analysis sSB 882 AN ACT CONCERNING CLIMATE CHANGE MITIGATION AND HOME ENERGY AFFORDABILITY.
SUMMARY This bill requires the state to eliminate greenhouse gas emissions from electricity supplied to electric customers in the state by January 1, 2040.
The billestablishesthisrequirement withintheemissionreduction goals under the state’s Global Warming Solutions Act.
The bill also requires landlords to provide a Home Energy Label for any dwelling unit listed publicly for rent, unless the rent includes all charges for electricity, natural gas, or heating fuel.
Under the bill, a Home Energy Label is (1) a U.
S.
Department of Energy Home Energy Score, (2) a Home Energy Rating System Index Score, (3) an ENERGY STAR score, or (4) any additional standards established in regulations by the Department of Energy and Environmental Protection (DEEP).
Under the bill, landlords may comply by providing specified energy consumption data, which the electric and gas utilities and other energy providers must make available to landlords free of charge.
If a landlord fails to comply with this requirement, the bill allows the tenant to deduct one month’s rent from amounts owed to the landlord.
The bill also allows municipalities to establish civil penalties of up to $500 for the first violation and $1,000 for any subsequent violation.
Landlords may appeal civil penalties to the Superior Court.
The bill also allows homeowners to provide aHome Energy Label for residential properties listed for sale.
Like landlords, homeowners may instead provide certain other information that the bill requires electric and gas utilities and other energy providers to make available to property owners free of charge.
sSB882 / File No.
283 7 sSB882 File No.
283 EFFECTIVE DATE:
October 1, 2021, except the electric sector greenhouse gas emissions provision is effective July 1, 2021.
GREENHOUSE GAS EMISSIONS REDUCTION REQUIREMENTS Existing law requires the state to reduce greenhouse gas emissions to a level at least (1)10% belowthelevelemittedin1990by January 1,2020;
(2) 45% below the level emitted in 2001 by January 1, 2030;
and (3) 80% below the level emitted in 2001 by January 1, 2050.
The bill adds a requirement to reduce to zero percent the greenhouse gas emissions from electricity supplied to electric customers in the state by January 1, 2040.
By law, state agencies on the governor’s Steering Committee on Climate Change must report biannually to the Office of Policy and Management (OPM) secretary and the DEEP commissioner on, among other things, policies and regulations that the agencies can adopt in the near future to reduce greenhouse gas emissions in accordance with the required reductions described above.
By law, every three years, the DEEP commissioner, in consultation with OPM and the governor’s Steering Committee on Climate Change, must report to the Energy and Technology, Environment, and Transportation committees on quantifiable emissions reductions achieved under these provisions.
Among other things, the report must include a schedule of proposed regulations, policies, and strategies designed to achieve the greenhouse gas reduction requirements.
HOME ENERGY LABELS Landlords and Renters The bill requires landlords to provide a Home Energy Label for any dwelling unit publicly listed for rent, unless the rent includes charges for electricity, natural gas, or heating fuel.
Instead of providing this label, landlords may also comply with the bill’s requirements by providing the total and average monthly costs and amounts for electricity, natural gas, or heating fuel for the unit during the most recent 12 months of occupancy.
sSB882 / File No.
283 8 sSB882 File No.
283 Under the bill, if the landlord fails to comply, the tenant may deduct an amount equal to one month’s rent from any rent or payment for use and occupancy owed to the landlord.
The bill also allows municipalities to establish, by ordinance, civil penalties for noncompliance, payable to the municipality.
The bill limits penalties to $500 for the first violation and $1,000 for any subsequent violation.
Anyone assessed a civil penalty for noncompliance under the bill may appeal the penalty to the Superior Court within 30 days after the assessment was mailed.
Landlords may appeal by filing a petition to reopen the assessment, including a small claims entry fee (currently, $95), in the superior court facility designated by the chief court administrator.
Under the bill, submitting a petition and fee entitles the landlord to a hearing.
Under the bill, these remedies are in addition to any other remedies available at law, or in equity to any person.
The bill explicitly does not limit or restrict the authority of state or local housing or health code enforcement agencies.
Homeowners The bill allows, but does not require, homeowners to provide Home Energy Labels for any residential property publicly listed for sale.
Like landlords, homeowners may instead provide the total and average monthly costs and amounts for electricity, natural gas, or heating fuel for the unit during the most recent 12 months of occupancy.
Utility and Provider Records and Cost Recovery The bill requires electric distribution companies, gas utilities, heating fuel dealers, and other electricity, natural gas, and heating fuel providers to maintain records on energy consumption data for (1) dwelling units a landlord owns, leases, or subleases, and (2) residential properties owned by a residential property owner.
The energy providers must make energy consumption data available to the landlord or property owner for the preceding 12 months of occupancy sSB882 / File No.
283 9 sSB882 File No.
283 free of charge.
If the dwelling unit or property was not occupied during part or all of the preceding 12 months, the bill requires the energy providers to provide records containing energy consumption data for the most recent twelve months of occupancy.
The bill allows the Public Utilities Regulatory Authority to authorize electric distribution companies and gas utilities to recover their prudently incurred information technology costs associated with collecting and distributing the energy consumption data.
The bill prohibits energy providers from disclosing personally identifiable information in energy consumption data records when the associated account owner is not the landlord or property owner.
COMMITTEE ACTION Energy and Technology Committee Joint Favorable Substitute Yea 18 Nay 8 sSB882 / File No.
283 10
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Action History

  1. FILE NO. 283

  2. SENATE CALENDAR NUMBER 185

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0304

  9. REF. TO JOINT COMM. ON Energy and Technology

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 179 not signed on

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (179)

179 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 882?
SB 882 is sponsored by Michel, David, Travis Simms (Democratic), Bobby G. Gibson (Democratic), Josh Elliott (Democratic), Geraldo C. Reyes (Democratic), Gregory Haddad (Democratic), Mary M. Mushinsky (Democratic), and Joshua M. Hall (Democratic).
What is the current status of SB 882?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 882?
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