Connecticut 2022 Regular Session Status: Enacted Bipartisan · 7 D · 1 R cosponsors

SB 93 — AN ACT CONCERNING THE COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM.

Last action — SIGNED BY GOVERNOR

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

This bill has been enacted into law. Introduced February 15, 2022. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    13 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 1 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

232 added · 311 removed

Plain-language change summary

The recent amendments to SB 93 expanded the definition of "energy improvements" for commercial properties to include the installation of refueling infrastructure for zero-emission vehicles and resilience improvements. This change aims to encourage businesses to adopt cleaner technologies and enhance their ability to withstand climate-related challenges. By doing so, the bill supports environmental goals and promotes energy efficiency in the commercial sector.

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Senate General Assembly File No.
Substitute Senate Bill No.
345 February Session, 2022 Substitute Senate Bill No.
93 Public Act No.
93 Senate, April 6, 2022 The Committee on Energy and Technology reported through SEN.
22-6 AN ACT CONCERNING THE COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM.
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 THE COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM.
[(1)] (3) "Energy improvements" means (A) participation in a district heating and cooling system by qualifying commercial real property, (B) participationina microgrid,asdefinedinsection16-243y,including any related infrastructure for such microgrid, by qualifying commercial real sSB93 / File No.
[(1)] (3) "Energy improvements" means (A) participation in a district heating and cooling system by qualifying commercial real property, (B) participationina microgrid,asdefinedinsection16-243y, including any related infrastructure for such microgrid, by qualifying commercial real property, provided such microgrid and any related infrastructure incorporate clean energy, as defined in section 16-245n, (C) any improvement, renovation or retrofitting of qualifying commercial real property to reduce energy consumption or improve energy efficiency, (D) installation of a renewable energy system to service qualifying Substitute Senate Bill No.
345 1 sSB93 File No.
93 commercial real property, [or] (E) installation of a solar thermal or geothermal system to service qualifying commercial real property, (F) installation of refueling infrastructure for zero-emission vehicles to a qualifying commercial real property, or (G) installation of resilience improvements to a qualifying commercial real property, provided such renovation, retrofit or installation described in [subparagraph (C), (D) or (E)] subparagraphs (C) to (G), inclusive, of this subdivision is permanently fixed to such qualifying commercial real property;
345 property, provided such microgrid and any related infrastructure incorporate clean energy, as defined in section 16-245n, (C) any improvement, renovation or retrofitting of qualifying commercial real property to reduce energy consumption or improve energy efficiency, (D) installation of a renewable energy system to service qualifying commercial real property, [or] (E) installation of a solar thermal or geothermal system to service qualifying commercial real property, (F) installation of refueling infrastructure for zero-emission vehicles to a qualifying commercial real property, or (G) installation of resilience improvements to a qualifying commercial real property, provided such renovation, retrofit or installation described in [subparagraph (C), (D) or (E)] subparagraphs (C) to (G), inclusive, of this subdivision is permanently fixed to such qualifying commercial real property;
sSB93 / File No.
[(7)] (9) "Municipality" means a municipality, as defined in section 7- 369;
345 2 sSB93 File No.
Public Act No.
345 [(7)] (9) "Municipality" means a municipality, as defined in section 7- 369;
22-6 2 of 8 Substitute Senate Bill No.
[(8)] (10) "Benefit assessment" means the assessment authorized by this section;
93 [(8)] (10) "Benefit assessment" means the assessment authorized by this section;
(2) When the bank has made appropriations for energy improvements for qualifying commercial real property or other costs of the commercial sustainable energy program, including interest costs and other costs related to the issuance of bonds, notes or other sSB93 / File No.
(2) When the bank has made appropriations for energy improvements for qualifying commercial real property or other costs of the commercial sustainable energy program, including interest costs and other costs related to the issuance of bonds, notes or other Public Act No.
345 3 sSB93 File No.
22-6 3 of 8 Substitute Senate Bill No.
345 obligations to finance the appropriation, the bank may require the participating municipality in which the qualifying commercial real property is located to levy a benefit assessment against the qualifying commercial real property especially benefited thereby.
93 obligations to finance the appropriation, the bank may require the participating municipality in which the qualifying commercial real property is located to levy a benefit assessment against the qualifying commercial real property especially benefited thereby.
(4) The bank shall consult with the Department of Energy and Environmental Protection and the Connecticut Institute for Resilience and Climate Adaptation to develop program eligibility criteria for financing of resilience improvements, consistent with state environmental resource protection and community resilience goals.
(4) The bank shall consult with the Department of Energy and Environmental Protection and the Connecticut Institute for Resilience and Climate Adaptation to develop program eligibility criteria for financing of resilience improvements, consistent with state Public Act No.
(c) Before establishing a commercial sustainable energy program sSB93 / File No.
22-6 4 of 8 Substitute Senate Bill No.
345 4 sSB93 File No.
93 environmental resource protection and community resilience goals.
345 under this section, the bank shall provide notice to the electric distribution company, as defined in section 16-1, that services the participating municipality.
(c) Before establishing a commercial sustainable energy program under this section, the bank shall provide notice to the electric distribution company, as defined in section 16-1, that services the participating municipality.
and (5) Require that the property owner provide written notice, not less than thirty days prior to the recording of any benefit assessment lien securing a benefit assessment for energy improvements for such property, to any existing mortgage holder of such property, of the property owner's intent to finance such energy improvements pursuant to this section.
and (5) Require that the property owner provide written notice, not less Public Act No.
sSB93 / File No.
22-6 5 of 8 Substitute Senate Bill No.
345 5 sSB93 File No.
93 than thirty days prior to the recording of any benefit assessment lien securing a benefit assessment for energy improvements for such property, to any existing mortgage holder of such property, of the property owner's intent to finance such energy improvements pursuant to this section.
345 (e) (1) The bank or the third-party capital provider may enter into a financing agreement with the property owner of qualifying commercial real property.
(e) (1) The bank or the third-party capital provider may enter into a financing agreement with the property owner of qualifying commercial real property.
Such interest rate, as may be supplemented with state or federal funding as may become available, shall be sufficient to pay the bank's financing and administrative costs of the commercial sustainable energy program, including delinquencies.
Such interest rate, as may be supplemented with state or federal funding as may become Public Act No.
22-6 6 of 8 Substitute Senate Bill No.
93 available, shall be sufficient to pay the bank's financing and administrative costs of the commercial sustainable energy program, including delinquencies.
Such benefit assessment lien, shall be paid in installments sSB93 / File No.
Such benefit assessment lien, shall be paid in installments and each installment payment shall be collected in the same manner as the property taxes of the participating municipality on real property, including, in the event of default or delinquency, with respect to any penalties, fees and remedies.
345 6 sSB93 File No.
345 and each installment payment shall be collected in the same manner as the property taxes of the participating municipality on real property, including, in the event of default or delinquency, with respect to any penalties, fees and remedies.
(h) Any participating municipality may assign to the bank any and all benefit assessment liens filed by the participating municipality, as provided in the written agreement between the participating municipality and the bank.
(h) Any participating municipality may assign to the bank any and Public Act No.
22-6 7 of 8 Substitute Senate Bill No.
93 all benefit assessment liens filed by the participating municipality, as provided in the written agreement between the participating municipality and the bank.
The assignee or assignees of such benefit assessment liens shall have and possess the same powers and rights at law or in equity as the bank and the participating municipality and its tax collector would have had if the benefit assessment lien had not been assigned with regard to the precedence and priority of such benefit assessment lien, the accrual of sSB93 / File No.
The assignee or assignees of such benefit assessment liens shall have and possess the same powers and rights at law or in equity as the bank and the participating municipality and its tax collector would have had if the benefit assessment lien had not been assigned with regard to the precedence and priority of such benefit assessment lien, the accrual of interest and the fees and expenses of collection.
345 7 sSB93 File No.
345 interest and the fees and expenses of collection.
This act shall take effect as follows and shall amend the following sections:
Approved May 10, 2022 Public Act No.
Section 1 October 1, 2022 16a-40g ET Joint Favorable Subst.
22-6 8 of 8
sSB93 / File No.
345 8 sSB93 File No.
345 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.
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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:
None Explanation No direct fiscal impact is anticipated as a result of the program's expansion under the bill.
The Out Years State Impact:
None Municipal Impact:
None sSB93 / File No.
345 9 sSB93 File No.
345 OLR Bill Analysis sSB 93 AN ACT CONCERNING THE COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM.
SUMMARY This bill expands eligibility for the Green Bank’s Commercial Property Assessed Clean Energy Program (C-PACE) by allowing the program to finance the installation of zero-emission vehicle refueling infrastructure and resilience improvements on qualifying commercial real property.
By law, a “zero-emission vehicle” is an electric, hybrid, or other vehicle certified by the California Air Resources Board to produce zero emissions of certain pollutants (CGS § 4a-67d).
“Resilience” means the ability to prepare for and adapt to changing conditions and withstand and recover rapidly from deliberate attacks, accidents, or naturally occurring threats or incidents, including threats or incidents associated with climate change impact (CGS § 16-244aa).
To qualify, these projects must be permanently fixed to the commercial property.
Generally, C-PACE finances certain energy improvement projects and the property owner repays the costs through an assessment on the property, backed by a lien.
Current law requires the Green Bank to adopt standards to ensure that the project’s energy cost savings over its usefullifeexceeditscosts.Thebill (1)requiresthesestandardsto instead determine whether the projects combined projected energy cost savings and other associated savings over its useful life exceed its costs and (2) exempts zero-emission vehicle refueling infrastructure and resilience improvement projects.
The bill requires the Green Bank to develop separate eligibility criteria for resilience projects.
Current law requires the Green Bank to develop guidelines governing the terms and conditions under which third-party financing may be made available to C-PACE and allows the bank to serve as an sSB93 / File No.
345 10 sSB93 File No.
345 aggregating entity to secure private third-party financing.
The bill makes conforming changes to specify that the financing under these provisions is third-party capital provider financing.
EFFECTIVE DATE:
October 1, 2022 RESILIENCE PROJECT ELIGIBILITY REQUIREMENTS For resilience improvements, the bill requires the Green Bank to consult with the Department of Energy and Environmental Protection and the Connecticut Institute for Resilience and Climate Adaptation to developfinancing eligibility criteriaconsistent withstate environmental resource protection and community resilience goals.
Under current law, if a qualified property owner requests financing, the Green Bank must require that an energy audit or a renewable energy system feasibility analysis be performed on the property to assess the project’s expected energy cost savings over its useful life before approving financing.
The bill additionally allows the Green Bank to meet this requirement by requiring a resilience study instead.
COMMITTEE ACTION Energy and Technology Committee Joint Favorable Substitute Yea 24 Nay 2 (03/22/2022) sSB93 / File No.
345 11
View plain text versions (4)

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill updates definitions and provisions related to the commercial property assessed clean energy program, enhancing eligibility and benefits for energy improvements.

  • Section 16a-40g

    [(1)] (3) "Energy improvements" means (A) participation in a district heating and cooling system by qualifying commercial real property, (B) participationina microgrid,asdefinedinsection16-243y, including any related infrastructure for such microgrid, by qualifying commercial real property, provided such microgrid and any related infrastructure incorporate clean energy, as defined in section 16-245n, (C) any improvement, renovation or retrofitting of qualifying commercial real property to reduce energy consumption or improve energy efficiency, (D) installation of a renewable energy system to service qualifying commercial real property, [or] (E) installation of a solar thermal or geothermal system to service qualifying commercial real property, → [(1)] (3) "Energy improvements" means (A) participation in a district heating and cooling system by qualifying commercial real property, (B) participation in a microgrid, as defined in section 16-243y, including any related infrastructure for such microgrid, by qualifying commercial real property, provided such microgrid and any related infrastructure incorporate clean energy, as defined in section 16-245n, (C) any improvement, renovation or retrofitting of qualifying commercial real property to reduce energy consumption or improve energy efficiency, (D) installation of a renewable energy system to service qualifying commercial real property, (E) installation of a solar thermal or geothermal system to service qualifying commercial real property, (F) installation of refueling infrastructure for zero-emission vehicles to a qualifying commercial real property, or (G) installation of resilience improvements to a qualifying commercial real property, provided such renovation, retrofit or installation described in [subparagraph (C), (D) or (E)] subparagraphs (C) to (G), inclusive, of this subdivision is permanently fixed to such qualifying commercial real property;

    The definition of 'energy improvements' has been expanded to include new categories such as refueling infrastructure for zero-emission vehicles and resilience improvements.

  • Section 16a-40g

    [(5)] (7) "Benefited property owner" means an owner of qualifying commercial real property who desires to install energy improvements and provides free and willing consent to the benefit assessment against the qualifying commercial real property; → [(5)] (7) "Benefited property owner" means an owner of qualifying commercial real property who desires to install energy improvements and provides free and willing consent to the benefit assessment against the qualifying commercial real property;

    Clarification of the term 'benefited property owner.'

  • Section 16a-40g

    [(10)] (12) "Bank" means the Connecticut Green Bank; → [(10)] (12) "Bank" means the Connecticut Green Bank;

    Clarification of the term 'bank.'

  • Section 16a-40g

    [(11)] (13) "Third-party capital provider" means an entity, other than the bank, that provides financing, leases or power purchase agreements directly to benefited property owners for energy improvements. → [(11)] (13) "Third-party capital provider" means an entity, other than the bank, that provides financing, leases or power purchase agreements directly to benefited property owners for energy improvements.

    Clarification of the term 'third-party capital provider.'

  • Section 16a-40g

    [(6)] (8) "Commercial sustainable energy program" means a program that facilitates energy improvements and utilizes the benefit assessments authorized by this section as security for the financing of the energy improvements; → [(6)] (8) "Commercial sustainable energy program" means a program that facilitates energy improvements and utilizes the benefit assessments authorized by this section as security for the financing of the energy improvements;

    Clarification of the term 'commercial sustainable energy program.'

  • Section 16a-40g

    [(3)] (5) "Qualifying commercial real property" means any commercial or industrial property, regardless of ownership, that meets the qualifications established for the commercial sustainable energy program; → [(3)] (5) "Qualifying commercial real property" means any commercial or industrial property, regardless of ownership, that meets the qualifications established for the commercial sustainable energy program;

    Clarification of the term 'qualifying commercial real property.'

Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 22-6

  5. IN CONCURRENCE

  6. HOUSE PASSED

  7. HOUSE CALENDAR NUMBER 417

  8. FAV. RPT., TABLED FOR HOUSE CALENDAR

  9. SENATE PASSED

  10. FILE NO. 345

  11. SENATE CALENDAR NUMBER 243

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

  13. RPTD. OUT OF LCO

  14. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/05/22

  15. FILED WITH LCO

  16. Joint Favorable Substitute

  17. PUBLIC HEARING 0224

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

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 174 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (174)

174 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 93?
SB 93 is sponsored by Winkler, Michael A., Arconti, David, Lucy Dathan (Democratic), Hilda E. Santiago (Democratic), Raghib Allie-Brennan (Democratic), Michel, David, Jonathan Steinberg (Democratic), Anne M. Hughes (Democratic), Mary M. Mushinsky (Democratic), Mitch Bolinsky (Republican), Tercyak, Peter A., Gucker, Kenneth M, and Travis Simms (Democratic).
What is the current status of SB 93?
This bill has been enacted into law. Introduced February 15, 2022. Enacted.
Where can I track SB 93?
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