Connecticut 2024 Regular Session Status: In Committee

HB 5356 — AN ACT CONCERNING MODIFICATIONS TO THE RENEWABLE PORTFOLIO STANDARD.

Last action — FILE NO. 363

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2024 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

242 added · 39 removed

242 line(s) added, 39 removed.

→
Previous
Latest
General Assembly Raised Bill No.
House of Representatives General Assembly File No.
5356 February Session, 2024 LCO No.
363 February Session, 2024 Substitute House Bill No.
734 Referred to Committee on ENERGY AND TECHNOLOGY Introduced by:
5356 House of Representatives, April 9, 2024 The Committee on Energy and Technology reported through REP.
(ET) AN ACT CONCERNING MODIFICATIONS TO THE RENEWABLE PORTFOLIO STANDARD.
STEINBERG of the 136th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING MODIFICATIONS TO THE RENEWABLE PORTFOLIO STANDARD.
(20) "Class I renewable energy source" means (A) electricity derived from (i) solar power, (ii) wind power, (iii) a fuel cell, including a fuel cell power plant, as defined in 26 USC 48(c)(1), (iv) geothermal, (v) landfill methane gas, anaerobic digestion or other biogas derived from biological sources, (vi) thermal electric direct energy conversion from a certified Class I renewable energy source, (vii) ocean thermal power, (viii)wave ortidalpower,(ix)lowemissionadvancedrenewableenergy conversion technologies, including, but not limited to, zero emission low grade heat power generation systems based on organic oil free rankine, kalina or other similar nonsteam cycles that use waste heat from an industrial or commercial process that does not generate electricity, (x) (I) a run-of-the-river hydropower facility that began LCO No.
(20) "Class I renewable energy source" means (A) electricity derived from (i) solar power, (ii) wind power, (iii) a fuel cell, including a fuel cell power plant, as defined in 26 USC 48(c)(1)(C), (iv) geothermal, (v) landfill methane gas, anaerobic digestion or other biogas derived from biological sources, (vi) thermal electric direct energy conversion from a certified Class I renewable energy source, (vii) ocean thermal power, (viii)wave ortidalpower,(ix)lowemissionadvancedrenewableenergy conversion technologies, including, but not limited to, zero emission low grade heat power generation systems based on organic oil free rankine, kalina or other similar nonsteam cycles that use waste heat sHB5356 / File No.
734 1 of 4 Raised Bill No.5356 operation after July 1, 2003, has a generating capacity of not more than sixty megawatts, is not based on a new dam or a dam identified by the Commissioner of Energy and Environmental Protection as a candidate for removal, and meets applicable state and federal requirements, including state dam safety requirements and applicable site-specific standards for water quality and fish passage, or (II) a run-of-the-river hydropower facility that received a new license after January 1, 2018, under the Federal Energy Regulatory Commission rules pursuant to 18 CFR 16, as amended from time to time, is not based on a new dam or a dam identified by the Commissioner of Energy and Environmental Protection as a candidate for removal, and meets applicable state and federal requirements, including state dam safety requirements and applicable site-specific standards for water quality and fish passage, (xi) a biomass facility that uses sustainable biomass fuel and has an average emission rate of equal to or less than .075 pounds of nitrogen oxides per million BTU of heat input for the previous calendar quarter, except that energy derived from a biomass facility with a capacity of less than five hundred kilowatts that began construction before July 1, 2003, may be considered a Class I renewable energy source, or (xii) a nuclear power generating facility constructed on or after October 1, 2023, or (B) any electrical generation, including distributed generation, generated from a Class I renewable energy source, provided, on and after January 1, 2014, any megawatt hours of electricity from a renewable energy source described under this subparagraph that are claimed or counted by a load-serving entity, province or state toward compliance with renewable portfolio standards or renewable energy policy goals in another province or state, other than the state of Connecticut, shall not be eligible for compliance with the renewable portfolio standards established pursuant to section 16-245a;
363 1 sHB5356 File No.
363 from an industrial or commercial process that does not generate electricity, (x) [(I) a run-of-the-river] hydropower, [facility that began operation after July 1, 2003, has a generating capacity of not more than sixty megawatts, is not based on a new dam or a dam identified by the Commissioner of Energy and Environmental Protection as a candidate for removal, and meets applicable state and federal requirements, including state dam safety requirements and applicable site-specific standards for water quality and fish passage, or (II) a run-of-the-river hydropower facility that received a new license after January 1, 2018, under the Federal Energy Regulatory Commission rules pursuant to 18 CFR 16, as amended from time to time, is not based on a new dam or a dam identified by the Commissioner of Energy and Environmental Protection as a candidate for removal, and meets applicable state and federal requirements, including state dam safety requirements and applicable site-specific standards for water quality and fish passage,] (xi) a biomass facility that uses sustainable biomass fuel and has an average emission rate of equal to or less than .075 pounds of nitrogen oxides per million BTU of heat input for the previous calendar quarter, except that energy derivedfromabiomass facility withacapacity ofless than five hundred kilowatts that began construction before July 1, 2003, may be considered a Class I renewable energy source, or (xii) a nuclear power generating facility, [constructed on or after October 1, 2023,] or (B) any electrical generation, including distributed generation, generated from a Class I renewable energy source, provided, on and after January 1, 2014, any megawatt hours of electricity from a renewable energy source described under this subparagraph that are claimed or counted by a load-serving entity, province or state toward compliance with renewable portfolio standards or renewable energy policy goals in another province or state, other than the state of Connecticut, shall not be eligible for compliance with the renewable portfolio standards established pursuant to section 16-245a;
(a) On and after January 1, 2007, each electric distribution company providing standard service pursuant to section 16-244c and each electric LCO No.
sHB5356 / File No.
734 2 of 4 Raised Bill No.5356 supplier, as defined in section 16-1, as amended by this act, shall demonstrate to the satisfaction of the Public Utilities Regulatory Authority that not less than one per cent of the total output of such supplier or such standard service of an electric distribution company shall be obtained from Class III sources.
363 2 sHB5356 File No.
363 (a) On and after January 1, 2007, each electric distribution company providing standard service pursuant to section 16-244c and each electric supplier, as defined in section 16-1, as amended by this act, shall demonstrate to the satisfaction of the Public Utilities Regulatory Authority that not less than one per cent of the total output of such supplier or such standard service of an electric distribution company shall be obtained from Class III sources.
Sec.
3.
(Effective from passage) The Commissioner of Energy and Environmental Protection shall study natural gas capacity in the state.
Such study shall include, but need not be limited to:
(1) An evaluation of natural gas capacity in the state;
and (2) an examination of ways to expand natural gas capacity, including any necessary regulatory or legislative changes.
Not later than January 1, 2025, the commissioner shall report, in accordance with the provisions of section 11-4a of the general statutes, the results of the study, including any sHB5356 / File No.
363 3 sHB5356 File No.
363 recommendations, to the joint standing committee of the General Assembly having cognizance of matters relating to energy and technology.
2 October 1, 2024 16-243q(a) Statement of Purpose:
2 October 1, 2024 16-243q(a) Sec.
To (1) redefine "Class I renewable energy source" to include certain linear generators, and (2) indefinitely extend the current renewable energy portfolio standard for Class III sources.
3 from passage New section ET Joint Favorable Subst.
LCO No.
sHB5356 / File No.
734 3 of 4 Raised Bill No.
363 4 sHB5356 File No.
5356 [Proposed deletions are enclosed in brackets.
363 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.
Proposed additions are indicated by underline, except 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.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
734 4 of 4
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:
Agency Affected Fund-Effect FY 25 $ FY 26 $ Department of Energy and GF - Cost Up to None Environmental Protection 500,000 Note:
GF=General Fund Municipal Impact:
Municipalities Effect FY 25 $ FY 26 $ Various Municipalities Grand List None See Below Reduction All Municipalities Potential See Below See Below Revenue Loss Explanation This bill (1) expands the typeof projects considered Class I renewable energy sources to include certain fuel cell, hydropower, and nuclear facilities;and(2)removesthesunsetrequirementonelectricdistribution companies purchasing 5% of their power from Class III renewable resources resulting in the impacts described below.
The bill exempts certain renewable energy technologies from:
(1) property tax, and (2) building permit fees.
This result in a grand list reduction from the property tax exemption beginning in FY 26 and a potential revenue loss from the building permit fee exemption 2 beginning in FY 25.
, Any impact to municipalities is dependent on the In FY 24, certain tax-exempt renewable energy and pollution control equipment results in a grand list reduction of approximately $625.1 million to all municipalities cumulatively.
2Each municipality sets its ownfee amounts for building permits.
Building permit fees often range from $10 to $15 per $1,000 of construction.
sHB5356 / File No.
363 5 sHB5356 File No.
363 amount of qualifying property and the number of approved building applications.
Show all 106 changed rows (66 more)
Previous
Latest
The bill exempts certain renewable energy technologies from:
(1) property tax, and (2) building permit fees.
This result in a grand list reduction from the property tax exemption beginning in FY 26 and a potential revenue loss from the building permit fee exemption 4 beginning in FY 25.
, Any impact to municipalities is dependent on the amount of qualifying property and the number of approved building applications.
The bill requires the Department of Energy and Environmental Protection (DEEP) to report on natural gas capacity in the state, including ways to expand such capacity.
This is expected to result in a one-time cost of up to $500,000 for a consultant in FY 25.
Ratepayer Impact Statement This bill results in a minimal ratepayer impact.
The prioritization of purchasing from one source or another may have a limited impact on the cost to ratepayers however the effect is indeterminate.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
In FY 24, certain tax-exempt renewable energy and pollution control equipment results in a grand list reduction of approximately $625.1 million to all municipalities cumulatively.
4Each municipality sets its ownfee amounts for building permits.
Building permit fees often range from $10 to $15 per $1,000 of construction.
5The state and municipalities are ratepayers and therefore may be impacted by policy changes that affect electric rates 6There is currently a capacity of 2,100 MW in Class I renewable energy sources.
(DEEP Report p.6) sHB5356 / File No.
363 6 sHB5356 File No.
363 OLR Bill Analysis sHB 5356 AN ACT CONCERNING MODIFICATIONS TO THE RENEWABLE PORTFOLIO STANDARD.
SUMMARY This bill expands the type of projects considered Class I renewable energy sources to include certain fuel cell, hydropower, and nuclear facilities.
By reclassifying these facilitiesasClassI, thebillallowselectric distributioncompanies(EDCs,i.e.,EversourceandUnitedIlluminating) and electric suppliers to use the renewable energy certificates (RECs) generatedbythesetechnologiestomeettheirClassIrenewableportfolio standard (RPS) requirements.
It also allows these technologies to (1) participate in certain power procurements administered by the Department of Energy and Environmental Protection (DEEP);
(2) qualifyforcertainpropertytaxexemptions(exceptfornuclearfacilities);
and(3)whenapplicable,beexemptfrommunicipalbuilding permitfees (see BACKGROUND).
Existing law requires EDCs, for their standard service procurement, and suppliers to obtain at least 5% of their total output from Class III sources (e.g., certain combined heat and power systems and waste heat recovery systems, see BACKGROUND).
Under current law, this requirement sunsets on December 31, 2024.
The bill removes this sunset date, allowing the requirement to continue in perpetuity.
Lastly, the bill requires the DEEP commissioner to study the state’s natural gas capacity and report her findings and recommendations to the Energy and Technology Committee by January 1, 2025.
The study must evaluate the state’s natural gas capacity and examine ways to expand it, including any needed regulatory or legislative changes.
sHB5356 / File No.
363 7 sHB5356 File No.
363 EFFECTIVE DATE:
October 1, 2024, except the natural gas study requirement takes effect upon passage.
CLASS I EXPANSION Fuel Cells By law, fuel cells are Class I energy sources.
The bill specifies that these include a fuel cell power plant that is an integrated system comprised of a fuel cell stack assembly, and associated balance of plant components that converts fuel into electricity using electrochemical or electromechanical means (42 U.S.C.
§ 48(c)(1)(C)).
Hydropower Facilities Under current law, a hydropower facility is a Class I renewable energy source if it is a run-of-the-river hydropower facility that (1) is not based on a new dam or a dam that DEEP identifies as a candidate for removal and (2) meets applicable state and federal requirements, including state dam safety requirements and applicable site-specific standards for water quality and fish passage.
Under current law, to be a Class I energy source, these facilities must also either be a facility that:
1.
began operating after July 1, 2003, and has a generating capacity of up to 60 megawatts;
or 2.
received a new license after January 1, 2018, under Federal Energy Regulatory Commission (FERC) rules.
The bill instead makes all hydropower facilities Class I renewable energy sources.
(By law, for purposes of RPS compliance, no more than 2.5% of a supplier’sorEDC’soutputmaybegeneratedfromaClassIhydropower facility that received a new license under FERC rules (CGS § 16- 245a(b)(2)).
The bill retains this provision but deletes the category of hydropower to which it applies.) Nuclear Facilities Under current law, nuclear facilities constructed on or after October sHB5356 / File No.
363 8 sHB5356 File No.
363 1, 2023, are Class I renewable energy sources.
The bill makes all nuclear facilitiesClassIrenewableenergysources,regardlessofwhentheywere constructed.
While certain Class I renewable energy sources are eligible for property tax exemptions, existing law, unchanged by the bill, excludes Class I nuclear facilities from this exemption.
BACKGROUND Related Bill sSB 385, favorably reported by the Energy and Technology Committee, allows the EDCs to request authorization to use energy or related products purchased under the zero-carbon procurement authorized under PA 17-3, June Special Session, (e.g., nuclear energy produced by the Millstone Power Station) to provide standard service.
DEEP Procurements The law requires the DEEP commissioner, under certain conditions, to solicit proposals from Class I renewable energy sources built on or after January 1, 2013.
It also allows her, under certain conditions, to solicit proposals from (1) Class I resources built before January 1, 2013, or large-scale hydropower and (2) Class I run-of-the-river hydropower.
It additionally requires her to solicit proposals from operational Class I providersifshefindsthatamaterialshortageofClassIresourcescaused an EDC or electric supplier to fail to meet its RPS obligations (CGS §§ 16a-3f, -3g, -3h & -3i).
By law, if the commissioner finds that any of the above solicited proposalsmeet certaincriteria,shemay (or,inthecase ofanRPS-related shortage, must) direct the EDCs to enter into agreements with the providers to purchase energy, generating capacity, and RECs, subject to the Public Utilities Regulatory Authority’s approval.
Property Tax Exemption The law exempts from the property tax any Class I renewable energy sources, other than a nuclear power generating facility, installed for generation or displacement of energy if it (1) is installed on or after January 1, 2014;
(2) is for commercial or industrial purposes;
and (3) has sHB5356 / File No.
363 9 sHB5356 File No.
363 a nameplate capacity that does not exceed its location’s load or, if it is a virtual net metering facility, the aggregated load of its beneficial accounts (CGS § 12-81(57)).
Municipal Building Permit Fees By law, a municipality may, by ordinance adopted by its legislative body, exempt Class I renewable energy source projects from paying municipally imposed building permit fees (CGS § 29-263).
Class III Sources By law, the following energy sources are Class III sources:
1.
the electricity output from combined heat and power systems with an operating efficiency level of at least 50% that are part of thecustomer-sidedistributedresourcesdevelopedatcommercial and industrial facilities in the state on and after January 1, 2006;
2.
a waste heat recovery system installed on or after April 1, 2007, that produces electrical or thermal energy by capturing preexisting waste heat and pressure from industrial or commercial processes;
or 3.
electricity savings created in this state from conservation and load management programs begun on or after January 1, 2006, excluding ratepayer-supported programs, except that a demand- side management project awarded a contract in a procurement to reduce federally mandated congestion charges is eligible for the contract’s term (CGS § 16-1(a)(38)).
COMMITTEE ACTION Energy and Technology Committee Joint Favorable Substitute Yea 20 Nay 0 (03/21/2024) sHB5356 / File No.
363 10
⬇ Download PDF
View plain text versions (3)

Action History

  1. FILE NO. 363

  2. HOUSE CALENDAR NUMBER 238

  3. FAV. RPT., TABLED FOR HOUSE CALENDAR

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/08/24

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0307

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

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 187 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (187)

187 members have not signed on to this bill.

Show all 187 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What is the current status of HB 5356?
This bill died with 2024 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 HB 5356?
Track HB 5356 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 5356

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 5356

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →