Sec. 16a-40m. Residential clean energy on-bill repayment program.
Sec. 16a-46j. Energy efficiency fuel oil furnace and boiler replacement, upgrade and repair program.
Sec. 16a-38r. Building decarbonization projects in buildings or facilities owned or leased by the state; definitions. Any state agency, as defined in section 1-79, may participate in a building decarbonization project for a building or facility that is owned or leased by the state, provided such state agency occupies such building or facility. A state agency that seeks to participate in a building decarbonization project shall submit a request to the Department of Energy and Environmental Protection for review of the project. The Department of Energy and Environmental Protection, in consultation with the Department of Administrative Services, may review and recommend approval of the project. Upon receipt of the department's recommended approval, a state agency shall submit a request to participate in the building decarbonization project, with supporting documentation, including the recommended approval of the Department of Energy and Environmental Protection, to the Office of Policy and Management for review and final approval. The Office of Policy and Management may only approve a project if such project can be sustained by the operating budget for the relevant state agency, based on the operating budget for the fiscal year in which the state agency files such request. For purposes of this section, “building decarbonization project” means a project that implements energy efficiency measures, reduces energy usage or decarbonizes the energy use of a building or facility that is offered by an electric distribution company or gas company through the Conservation and Load Management Plan approved pursuant to section 16-245m, or successor programs, or offered by the Connecticut Green Bank, including participation in associated financing mechanisms offered by such companies or the Connecticut Green Bank.
(P.A. 23-157, S. 2.)
History: P.A. 23-157 effective June 26, 2023.
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Sec. 16a-40m. Residential clean energy on-bill repayment program. (a) For purposes of this section, (1) “clean energy improvements” means improvements from the installation of clean energy, as defined in subsection (a) of section 16-245n, and shall include smart meters, provided such improvements are applicable to a residential dwelling unit of a customer of an electric distribution company or gas company, and (2) “electric distribution company” and “gas company” have the same meanings as provided in section 16-1.
(b) On or before April 1, 2014, the Energy Conservation Management Board and the Connecticut Green Bank, in consultation with the electric distribution companies and gas companies, shall establish a comprehensive residential clean energy on-bill repayment program financed by third-party private capital managed by the Connecticut Green Bank. Such program shall have the following features:
(1) To establish a process for qualifying clean energy improvements;
(2) To prioritize clean energy improvements for cost-effectiveness;
(3) To reduce peak electricity demand;
(4) To assist customers of electric distribution companies or gas companies in accessing incentives, other cost savings and financing for clean energy improvements, including natural gas furnaces or boilers that meet or exceed federal Energy Star standards and propane and oil furnaces and boilers that are not less than eighty-four per cent efficient;
(5) To identify knowledgeable contractors for installation of clean energy improvements and to ensure successful installation of such improvements;
(6) To finance clean energy improvements to the extent the tenor of such financing repayment does not exceed the average expected life of such improvements;
(7) To provide that the repayment amount plus the anticipated periodic customer bill after installation of the clean energy improvements does not exceed the anticipated periodic bill for electric or gas service without installation of such improvements, including no energy savings improvements;
(8) To authorize the disconnection for nonpayment by the customer of any financing repayment amount, except during the pendency of any complaint, investigation, hearing or appeal challenging the on-bill repayment loan, terms, accuracy or related matters, with any on-bill repayment amount treated as part of the customer's utility account subject to the protections provided in sections 16-262c, 16-262d, 16-262g to 16-262i, inclusive, and 16-262x;
(9) To establish program guidelines to address the ramifications of on-bill repayment and the risks associated with disconnection of service of low-income and hardship customers;
(10) To provide the assignment of repayment obligations to subsequent owners of the dwelling unit upon the development by the Energy Conservation Management Board and the Connecticut Green Bank of timely written notice guidelines to subsequent owners, except on-bill repayment amounts may not be directly charged to a tenant of a dwelling unit by a utility company pursuant to section 16-262e or a receiver pursuant to sections 16-262f, 16-262t, 47a-14h and 47a-56a to 47a-56k, inclusive; and
(11) To provide that the on-bill repayment billing and collection services shall be available without regard to whether the energy or fuel delivered by the utility is the customer's primary energy source.
(c) The guidelines for the comprehensive residential clean energy on-bill repayment program pursuant to subdivisions (9) to (11), inclusive, of subsection (b) of this section shall be subject to review and approval by the Public Utilities Regulatory Authority, which review shall commence upon filing such guidelines with the authority and the review shall be deemed complete not later than ninety days after such filing. Such review shall be conducted in an uncontested proceeding.
(d) On-bill repayment for any loan that is part of the comprehensive residential clean energy on-bill repayment program established pursuant to this section and utilized to improve efficiency or clean energy improvements for provision of heat to a dwelling unit shall be treated as part of the primary heating expense for the customer for purposes of (1) any energy assistance program funded or administered by the state or under any plan adopted pursuant to section 16a-41a, and (2) any matching payment program plan pursuant to subdivision (4) of subsection (b) of section 16-262c.
(P.A. 13-298, S. 58; P.A. 14-94, S. 29; 14-134, S. 20; P.A. 23-102, S. 32.)
History: P.A. 13-298 effective July 8, 2013; pursuant to P.A. 14-94, “Clean Energy Finance and Investment Authority” was changed editorially by the Revisors to “Connecticut Green Bank” in Subsec. (b), effective June 6, 2014; P.A. 14-134 amended Subsec. (c) by making a technical change, effective June 6, 2014; P.A. 23-102 amended Subsec. (d) to make a technical change, effective June 29, 2023.
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Sec. 16a-41a. Implementation of block grant program authorized under the Low-Income Home Energy Assistance Act. Annual plan. Program for purchase of deliverable fuel at a reduced rate for low-income households. Annual reports. Payment of fuel vendors. (a) The Commissioner of Social Services shall submit to the joint standing committees of the General Assembly having cognizance of energy planning and activities, appropriations, and human services the following on the implementation of the block grant program authorized under the Low-Income Home Energy Assistance Act of 1981, as amended:
(1) Not later than August first, annually, a Connecticut energy assistance program annual plan which establishes guidelines for the use of funds authorized under the Low-Income Home Energy Assistance Act of 1981, as amended, and includes the following:
(A) Criteria for determining which households are to receive emergency assistance;
(B) A description of systems used to ensure referrals to other energy assistance programs and the taking of simultaneous applications, as required under section 16a-41;
(C) A description of outreach efforts;
(D) Estimates of the total number of households eligible for assistance under the program and the number of households in which one or more elderly or physically disabled individuals eligible for assistance reside;
(E) Design of a basic grant for eligible households that does not discriminate against such households based on the type of energy used for heating; and
(F) A payment plan for fuel deliveries beginning November 1, 2023, that ensures a vendor of deliverable fuel who completes deliveries authorized by a community action agency that contracts with the commissioner to administer a fuel assistance program is provided the option to be paid electronically by the community action agency and is paid not later than ten business days after the date the community action agency receives an authorized fuel slip or invoice for payment from the vendor;
(2) Not later than January thirtieth, annually, a report covering the preceding months of the program year, including:
(A) In each community action agency geographic area, the number of fuel assistance applications filed, approved and denied, and the number of emergency assistance requests made, approved and denied;
(B) In each such area, the total amount of fuel and emergency assistance, itemized by such type of assistance, and total expenditures to date;
(C) For each state-wide office of each state agency administering the program and each community action agency, administrative expenses under the program, by line item, and an estimate of outreach expenditures; and
(D) A list of community action agencies that failed to make timely payments to vendors of deliverable fuel in the Connecticut energy assistance program and the steps taken by the commissioner to ensure future timely payments by such agencies; and
(3) Not later than November first, annually, a report covering the preceding twelve calendar months, including:
(A) In each community action agency geographic area, (i) seasonal totals for the categories of data submitted under subdivision (1) of this subsection, (ii) the number of households receiving fuel assistance in which elderly or physically disabled individuals reside, and (iii) the average combined benefit level of fuel, emergency and renter assistance;
(B) The number of homeowners and tenants whose heat or total energy costs are not included in their rent receiving fuel and emergency assistance under the program by benefit level;
(C) The number of homeowners and tenants whose heat is included in their rent and who are receiving assistance, by benefit level; and
(D) The number of households receiving assistance, by energy type and total expenditures for each energy type.
(b) The Commissioner of Social Services shall implement a program to purchase deliverable fuel for low-income households participating in the Connecticut energy assistance program and the state-appropriated fuel assistance program. The commissioner shall ensure an adequate supply of vendors for the program by (1) establishing county and regional pricing standards for deliverable fuel, (2) reimbursing fuel providers based on the price of the fuel on the date of delivery, and (3) allowing a vendor to electronically submit an authorized fuel slip or invoice for payment.
(c) The commissioner shall ensure that no fuel vendor discriminates against fuel assistance program recipients who are under the vendor's standard payment, delivery, service or other similar plans. The commissioner may take advantage of programs offered by fuel vendors that reduce the cost of the fuel purchased, including, but not limited to, fixed price, capped price, prepurchase or summer-fill programs that reduce program cost and that make the maximum use of program revenues. As funding allows, the commissioner shall ensure that all agencies administering the fuel assistance program shall make payments to program fuel vendors in advance of the delivery of energy where vendor provided price-management strategies require payments in advance.
(d) Each community action agency administering a fuel assistance program shall submit reports, as requested by the Commissioner of Social Services, concerning pricing information from vendors of deliverable fuel participating in the program. Such information shall include, but not be limited to, the state-wide or regional retail price per unit of deliverable fuel, the reduced price per unit paid by the state for the deliverable fuel in utilizing price management strategies offered by program vendors for all consumers, the number of units delivered to the state under the program and the total savings under the program due to the purchase of deliverable fuel utilizing price-management strategies offered by program vendors for all consumers.
(e) If funding allows, the Commissioner of Social Services, in consultation with the Secretary of the Office of Policy and Management, shall require that, each community action agency administering a fuel assistance program begin accepting applications for the program not later than September first of each year.
(f) Not later than November 1, 2023, the Commissioner of Social Services shall require each community action agency administering a fuel assistance program to make payment to a vendor of deliverable fuel not later than ten business days after the community action agency receives an authorized fuel slip or invoice for payment from the vendor and to give the vendor the options of (1) being paid electronically, and (2) submitting electronically an authorized fuel slip or invoice for payment.
(g) The Commissioner of Social Services shall submit each plan or report described in subsection (a) of this section to the Low-Income Energy Advisory Board, established pursuant to section 16a-41b, not later than seven days prior to submitting such plan or report to the joint standing committee of the General Assembly having cognizance of matters relating to energy and technology, appropriations and human services.
(Nov. Sp. Sess. P.A. 81-9, S. 1, 4; P.A. 91-234, S. 1, 3; P.A. 93-113, S. 2, 3; P.A. 93-262, S. 12, 87; P.A. 05-123, S. 1; P.A. 07-242, S. 66; June Sp. Sess. P.A. 07-4, S. 102; Sept. Sp. Sess. P.A. 09-5, S. 80; P.A. 18-88, S. 1; P.A. 21-148, S. 1; P.A. 23-204, S. 295.)
History: P.A. 91-234 deleted obsolete language re first report after January 27, 1982, required in Subsec. (a)(1), and added a new Subsec. (e) requiring the secretary to implement a program to purchase number two home heating oil at a reduced rate for the Connecticut energy assistance program and the state-appropriated fuel assistance program; P.A. 93-113 amended Subsec. (a) by adding the appropriations committee, amending Subdiv. (1) by substituting annual plan for two initial reports, deleting Subpara. (B) regarding emergency request system, relettering Subparas. (C) to (E), and relettered Subpara. (D) deleting provision requiring that estimates be made by geographic area and income maintenance district, amending Subdiv. (2) by substituting an annual report for six monthly reports, and in Subpara. (B) adding total expenditures to date, amending Subdiv. (3) by changing September first to November first, in Subpara. (A) changing data submitted under Subdiv. (2) to data submitted under Subdiv. (1), deleting provisions regarding number of appeals, assistance for households receiving weatherization assistance and processing time averages, and adding benefit level of renter assistance, deleting Subparas. (D) and (E) regarding percentage of fuel assistance provided to tenants with heat not included in rent and recipients of 100% of eligible assistance, relettering Subpara. (F) as (D) and changing categories of amount of assistance received to “by benefit level”, adding new Subparas. (E), regarding the number of recipients with heat included in rent, and (F), regarding number of recipient households, deleted Subsecs. (c) and (d) regarding low-income home energy assistance reports and costs of carrying out the provisions of section, and relettered Subsec. (e) as (c), effective June 3, 1993; P.A. 93-262 replaced secretary of the office of policy and management with commissioner of social services, replaced references to income maintenance districts with references to social services regions, deleted Subsec. (b) requiring human resources and income maintenance departments to submit information requested by the secretary for inclusion in his reports, relettering remaining Subsecs. as necessary, effective July 1, 1993; P.A. 05-123 added Subsec. (a)(1)(E) re basic grant that does not discriminate based on the type of energy used; P.A. 07-242 amended Subsec. (b) to change fuel purchased from number two home heating oil to deliverable fuel, move reporting requirements to new Subsec. (c), prohibit discrimination against program participants, require commissioner to take advantage of any price-reduction programs and provide for payments to be made in advance and added new Subsec. (d) re applications to be accepted before September first each year, effective July 1, 2007; June Sp. Sess. P.A. 07-4 amended Subsec. (b) to delete requirement that commissioner ensure that all fuel assistance recipients are treated the same as any other similarly situated customer, change “commissioner shall” to “commissioner may” take advantage of programs offered by vendors, and provide that commissioner shall ensure that all agencies make payments in advance of delivery “as funding allows” and amended Subsec. (d) to provide that Commissioner of Social Services, in consultation with Secretary of the Office of Policy and Management, shall require agencies to begin accepting applications if funding allows, effective July 1, 2007; Sept. Sp. Sess. P.A. 09-5 added Subsec. (e) requiring Commissioner of Social Services to submit plans and reports described in Subsec. (a) to Low-Income Energy Advisory Board prior to submission to energy and technology, appropriations and human services committees, effective October 5, 2009; P.A. 18-88 added Subsecs. (a)(1)(F), (a)(2)(D) and new Subsec. (e) re payment of fuel vendors, and redesignated existing Subsec. (e) re submission of plan or report as Subsec. (f), effective June 4, 2018; P.A. 21-148 amended Subsec. (a) by deleting references to weatherization assistance and Department of Social Services regions, and deleting former Subparas. (B) and (C) in Subdiv. (3) and redesignating existing Subparas. (D) to (F) as Subparas. (B) to (D), respectively, effective July 1, 2021; P.A. 23-204 amended Subsec. (a)(1)(F) by changing “November 1, 2018,” to “November 1, 2023,”, adding electronic payment option and changing payment deadline from 30 to 10 business days, amended Subsec. (b) by adding Subdivs. (1) to (3) re pricing standards and vendor billing option, redesignated existing provisions re discrimination by fuel vendor and payments in advance as new Subsec. (c), redesignated existing Subsecs. (c) to (f) as new Subsecs. (d) to (f) and (g) and amended new Subsec. (f) by changing “November 1, 2018,” to “November 1, 2023”, “thirty” business days to “ten” and adding Subdivs. (1) and (2) re vendor payment and billing options, effective July 1, 2023.
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Sec. 16a-46j. Energy efficiency fuel oil furnace and boiler replacement, upgrade and repair program. (a) On or after October 27, 2011, and upon the allocation of the proceeds of the bonds authorized by section 49 of public act 11-1 of the October special session*, the Department of Energy and Environmental Protection shall establish an energy efficiency fuel oil furnace and boiler replacement, upgrade and repair program to provide replacement furnaces and boilers, and repairs and upgrades to existing furnaces or boilers to meet the standards for replacement units specified in this subsection, to (1) nonprofit organizations that own their own buildings, and (2) housing authorities for use in dwelling units owned by such housing authorities. The Commissioner of Energy and Environmental Protection shall provide for the purchase and installation of energy efficient oil furnaces and boilers or upgrades or repairs to existing furnaces and boilers, as appropriate. Such replacement energy efficient oil furnaces or boilers shall be equipped with electronically commutated blower motors and have an efficiency rating of not less than eighty-six per cent. Such energy efficient oil furnaces and boilers shall be equipped with thermal purge or temperature reset controls and have an efficiency rating of not less than eighty-six per cent. If upgrades or repairs are possible in a manner that will achieve an efficiency rating of seventy-five per cent or more, units shall be upgraded or repaired rather than replaced.
(b) On or before December 1, 2011, the Connecticut Housing Finance Authority shall provide the Commissioner of Energy and Environmental Protection a list of housing authorities in the state that own dwelling units that are heated with a fuel oil furnace or boiler.
(c) (1) On or before January 1, 2012, the Commissioner of Energy and Environmental Protection shall (A) develop a process for identifying and notifying each nonprofit organization and housing authority that may be eligible for the program, and (B) implement a method to process applications for a replacement furnace or boiler or repairs or upgrades to existing furnaces or boilers pursuant to this section.
(2) As a condition of eligibility for the program, each nonprofit organization or housing authority applying for the program pursuant to subdivision (1) of this subsection shall, at the time of submission of its application, verify that it (A) has applied for, and (B) agrees to accept the services of any available conservation program administered pursuant to section 7-233y or 16-245m.
(3) The commissioner shall act on completed applications in the order received, except that the commissioner may act immediately in emergencies where the nonprofit organization has no heat or has a furnace or boiler that is unsafe or inoperable, or the housing authority owns a dwelling unit that has no heat or such dwelling unit's furnace or boiler is unsafe or inoperable.
(d) The Connecticut Energy Conservation Management Board, shall (1) establish criteria for determining (A) the condition of a nonprofit organization's oil furnace or boiler and fuel oil tank, or the condition of an oil furnace or boiler and fuel oil tank in a dwelling unit owned by a housing authority, and (B) whether such furnace, boiler or tank is inoperable or unsafe, or whether such furnace or boiler has an efficiency rating of less than sixty-five per cent, and (2) if the unsafe or inoperability circumstances of an oil furnace or boiler involve oil tank replacement, determine on the basis of a five-year payback whether it would be more cost effective for such applicant to connect to a natural gas pipeline, if available. If it is determined that it is not cost effective for such applicant to connect to a natural gas pipeline, or if no pipeline is available, the board may elect to replace the applicant's oil tank. When the board elects to replace an oil furnace or boiler with a gas furnace or boiler, such gas furnace shall have not less than a ninety-five per cent annual fuel utilization efficiency and such gas boiler shall have not less than a ninety per cent annual fuel utilization efficiency.
(e) The commissioner shall issue a request for proposals for the anticipated furnaces, boilers and equipment needed to meet the obligations of the program established under this section.
(Oct. Sp. Sess. P.A. 11-1, S. 50; P.A. 23-204, S. 237.)
*Note: Section 49 of public act 11-1 of the October special session was repealed effective July 1, 2016, by section 126 of public act 16-4 of the May special session.
History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; P.A. 23-204 deleted references to the Fuel Oil Conservation Board, replaced references to the board in Subsecs. (c)(3) and (e) with reference to the commissioner and made conforming changes, effective July 1, 2023.
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