CONNECTICUT STATUTES AND CODES
Sec. 16-243v. Connecticut electric efficiency partner program.
Sec. 16-243v. Connecticut electric efficiency partner program. (a) For purposes
of this section: (1) "Connecticut electric efficiency partner program" means the coordinated effort among the Department of Public Utility Control, persons and entities providing enhanced demand-side management technologies, and electric consumers to conserve electricity and reduce demand in Connecticut through the purchase and
deployment of energy efficient technologies; (2) "enhanced demand-side management
technologies" means demand-side management solutions, customer-side emergency
dispatchable generation resources, customer-side renewable energy generation, load
shifting technologies and conservation and load management technologies that reduce
electric distribution company customers' electric demand, and high efficiency natural
gas and oil boilers and furnaces; and (3) "Connecticut electric efficiency partner" means
an electric distribution company customer who acquires an enhanced demand-side management technology or a person, other than an electric distribution company, that provides enhanced demand-side management technologies to electric distribution company
customers.
(b) The Energy Conservation Management Board, in consultation with the Renewable Energy Investments Advisory Committee, shall evaluate and approve enhanced
demand-side management technologies that can be deployed by Connecticut electric
efficiency partners to reduce electric distribution company customers' electric demand.
Such evaluation shall include an examination of the potential to reduce customers' demand, federally mandated congestion charges and other electric costs. On or before
October 15, 2007, the Energy Conservation Management Board shall file such evaluation with the Department of Public Utility Control for the department to review and
approve or to review, modify and approve on or before October 15, 2007.
(c) Not later than October 15, 2007, the Energy Conservation Management Board
shall file with the department, for the department to review and approve or to review,
modify and approve, an analysis of the state's electric demand, peak electric demand
and growth forecasts for electric demand and peak electric demand. Such analysis shall
identify the principal drivers of electric demand and peak electric demand, associated
electric charges tied to electric demand and peak electric demand growth, including,
but not limited to, federally mandated congestion charges and other electric costs, and
any other information the department deems appropriate. The analysis shall include,
but not be limited to, an evaluation of the costs and benefits of the enhanced demand-side management technologies approved pursuant to subsection (b) of this section and
establishing suggested funding levels for said individual technologies.
(d) Commencing April 1, 2008, any person may apply to the department for certification and funding as a Connecticut electric efficiency partner. Such application shall
include the technologies that the applicant shall purchase or provide and that have been
approved pursuant to subsection (b) of this section. In evaluating the application, the
department shall (1) consider the applicant's potential to reduce customers' electric
demand, including peak electric demand, and associated electric charges tied to electric
demand and peak electric demand growth, (2) determine the portion of the total cost of
each project that shall be paid for by the customer participating in this program and the
portion of the total cost of each project that shall be paid for by all electric ratepayers
and collected pursuant to subsection (h) of this section. In making such determination,
the department shall ensure that all ratepayer investments maintain a minimum two-to-one payback ratio, and (3) specify that participating Connecticut electric efficiency
partners shall maintain the technology for a period sufficient to achieve such investment
payback ratio. The annual ratepayer contribution for projects approved pursuant to this
section shall not exceed sixty million dollars. Not less than seventy-five per cent of such
annual ratepayer investment shall be used for the technologies themselves. No person
shall receive electric ratepayer funding pursuant to this subsection if such person has
received or is receiving funding from the Energy Conservation and Load Management
Funds for the projects included in said person's application. No person shall receive
electric ratepayer funding without receiving a certificate of public convenience and
necessity as a Connecticut electric efficiency partner by the department. The department
may grant an applicant a certificate of public convenience if it possesses and demonstrates adequate financial resources, managerial ability and technical competency. The
department may conduct additional requests for proposals from time to time as it deems
appropriate. The department shall specify the manner in which a Connecticut electric
efficiency partner shall address measures of effectiveness and shall include performance
milestones.
(e) Beginning February 1, 2010, a certified Connecticut electric efficiency partner
may only receive funding if selected in a request for proposal developed, issued and
evaluated by the department. In evaluating a proposal, the department shall take into
consideration the potential to reduce customers' electric demand including peak electric
demand, and associated electric charges tied to electric demand and peak electric demand
growth, including, but not limited to, federally mandated congestion charges and other
electric costs, and shall utilize a cost benefit test established pursuant to subsection (c)
of this section to rank responses for selection. The department shall determine the portion
of the total cost of each project that shall be paid by the customer participating in this
program and the portion of the total cost of each project that shall be paid by all electric
ratepayers and collected pursuant to the provisions of this subsection. In making such
determination, the department shall (1) ensure that all ratepayer investments maintain
a minimum two-to-one payback ratio, and (2) specify that participating Connecticut
electric efficiency partners shall maintain the technology for a period sufficient to
achieve such investment payback ratio. The annual ratepayer contribution shall not
exceed sixty million dollars. Not less than seventy-five per cent of such annual ratepayer
investment shall be used for the technologies themselves. No Connecticut electric efficiency partner shall receive funding pursuant to this subsection if such partner has received or is receiving funding from the Energy Conservation and Load Management
Funds for such technology. The department may conduct additional requests for proposals from time to time as it deems appropriate. The department shall specify the manner
in which a Connecticut electric efficiency partner shall address measures of effectiveness and shall include performance milestones.
(f) The department may retain the services of a third party entity with expertise
in areas such as demand-side management solutions, customer-side renewable energy
generation, customer-side distributed generation resources, customer-side emergency
dispatchable generation resources, load shifting technologies and conservation and load
management investments to assist in the development and operation of the Connecticut
electric efficiency partner program. The costs for obtaining third party services pursuant
to this subsection shall be recoverable through the systems benefits charge.
(g) The department shall develop a long-term low-interest loan program to assist
certified Connecticut electric efficiency partners in financing the customer portion of
the capital costs of approved enhanced demand-side management technologies. The
department may establish such financing mechanism by the use of one or more of the
following strategies: (1) Modifying the existing long-term customer-side distributed
generation financing mechanism established pursuant to section 16-243j, (2) negotiating
and entering into an agreement with the Connecticut Development Authority to establish
a credit facility or to utilize grants, loans or loan guarantees for the purposes of this
section upon such terms and conditions as the authority may prescribe including provisions regarding the rights and remedies available to the authority in case of default, or
(3) selecting by competitive bid one or more entities that can provide such long-term
financing.
(h) The department shall provide for the payment of electric ratepayers' portion of
the costs of deploying enhanced demand-side management technologies by implementing a contractual financing agreement with the Connecticut Development Authority or
a private financing entity selected through an appropriate open competitive selection
process. No contractual financing agreements entered into with the Connecticut Development Authority shall exceed ten million dollars. Any electric ratepayer costs resulting
from such financing agreement shall be recovered from all electric ratepayers through
the systems benefits charge.
(i) On or before February 15, 2009, and annually thereafter, the department shall
report to the joint standing committee of the General Assembly having cognizance of
matters relating to energy regarding the effectiveness of the Connecticut electric efficiency partner program established pursuant to this section. Said report shall include,
but not be limited to, an accounting of all benefits and costs to ratepayers, a description of
the approved technologies, the payback ratio of all investments, the number of programs
deployed and a list of proposed projects compared to approved projects and reasons for
not being approved.
(j) On or before April 1, 2011, the Department of Public Utility Control shall initiate
a proceeding to review the effectiveness of the program and perform a ratepayer cost-benefit analysis. Based upon the department's findings in the proceeding, the department
may modify or discontinue the partnership program established pursuant to this section.
(P.A. 07-242, S. 94.)
History: P.A. 07-242 effective June 4, 2007.