Connecticut General Statutes
Chapter 283 - Telephone, Gas, Power and Water Companies
Section 16-245n. - Connecticut Green Bank. Charge assessed against electric customers. Clean Energy Fund. Environmental Infrastructure Fund.

(a) For purposes of this section:

(1) “Carbon offsets” means any activity that compensates for the emission of carbon dioxide or other greenhouse gases by providing for an emission reduction elsewhere;
(2) “Clean energy” means solar photovoltaic energy, solar thermal, geothermal energy, wind, ocean thermal energy, wave or tidal energy, fuel cells, landfill gas, hydropower that meets the low-impact standards of the Low-Impact Hydropower Institute, hydrogen production and hydrogen conversion technologies, low emission advanced biomass conversion technologies, alternative fuels, used for electricity generation including ethanol, biodiesel or other fuel produced in Connecticut and derived from agricultural produce, food waste or waste vegetable oil, provided the Commissioner of Energy and Environmental Protection determines that such fuels provide net reductions in greenhouse gas emissions and fossil fuel consumption, usable electricity from combined heat and power systems with waste heat recovery systems, thermal storage systems, other energy resources and emerging technologies which have significant potential for commercialization and which do not involve the combustion of coal, petroleum or petroleum products, municipal solid waste or nuclear fission, financing of energy efficiency projects, projects that seek to deploy electric, electric hybrid, natural gas or alternative fuel vehicles and associated infrastructure, any related storage, distribution, manufacturing technologies or facilities and any Class I renewable energy source, as defined in section 16-1;
(3) “Ecosystem services” means benefits obtained from ecosystems, including, but not limited to, (A) provisioning services such as food and water, (B) regulating services such as regulation of floods, drought, land degradation and disease, and (C) supporting services such as soil formation and nutrient cycling; and
(4) “Environmental infrastructure” means structures, facilities, systems, services and improvement projects related to (A) water, (B) waste and recycling, (C) climate adaptation and resiliency, (D) agriculture, (E) land conservation, (F) parks and recreation, and (G) environmental markets, including, but not limited to, carbon offsets and ecosystem services.
(b) On and after July 1, 2004, the Public Utilities Regulatory Authority shall assess or cause to be assessed a charge of not less than one mill per kilowatt hour charged to each end use customer of electric services in this state which shall be deposited into the Clean Energy Fund established under subsection (c) of this section.
(c) (1) There is hereby created a Clean Energy Fund which shall be within the Connecticut Green Bank. The fund may receive any amount required by law to be deposited into the fund and may receive any federal funds as may become available to the state for clean energy investments. Upon authorization of the Connecticut Green Bank established pursuant to subsection (d) of this section, any amount in said fund may be used for expenditures that promote investment in clean energy in accordance with a comprehensive plan developed by it to foster the growth, development and commercialization of clean energy sources, related enterprises and stimulate demand for clean energy and deployment of clean energy sources that serve end use customers in this state and for the further purpose of supporting operational demonstration projects for advanced technologies that reduce energy use from traditional sources. Such expenditures may include, but not be limited to, providing low-cost financing and credit enhancement mechanisms for clean energy projects and technologies, reimbursement of the operating expenses, including administrative expenses incurred by the Connecticut Green Bank and capital costs incurred by the Connecticut Green Bank in connection with the operation of the fund, the implementation of the plan developed pursuant to subsection (d) of this section or the other permitted activities of the Connecticut Green Bank, disbursements from the fund to develop and carry out the plan developed pursuant to subsection (d) of this section, grants, direct or equity investments, contracts or other actions which support research, development, manufacture, commercialization, deployment and installation of clean energy technologies, and actions which expand the expertise of individuals, businesses and lending institutions with regard to clean energy technologies.
(2) (A) There is hereby created an Environmental Infrastructure Fund which shall be within the Connecticut Green Bank. The fund may receive any amount required by law to be deposited into the fund and may receive any federal funds as may become available to the state for environmental infrastructure investments, except that the fund shall not receive: (i) Ratepayer or Regional Greenhouse Gas Initiative funds, (ii) funds that have been deposited in, or are required to be deposited in, an account of the Clean Water Fund pursuant to sections 22a-475 to 22a-438f, inclusive, or (iii) funds collected from a water company, as defined in section 25-32a.
(B) Upon authorization of the Connecticut Green Bank established pursuant to subsection (d) of this section, any amount in said fund may be used for expenditures that promote investment in environmental infrastructure in accordance with a comprehensive plan developed by it to foster the growth, development, commercialization and, where applicable, preservation of environmental infrastructure and related enterprises, except any project or purpose eligible for funding pursuant to sections 22a-475 to 22a-483f, inclusive. Such expenditures may include, but not be limited to, providing low-cost financing and credit enhancement mechanisms for projects and technologies, reimbursement of the operating expenses, including administrative expenses incurred by the Connecticut Green Bank, and capital costs incurred by the Connecticut Green Bank in connection with the operation of the fund, the implementation of the plan developed pursuant to subsection (d) of this section or the other permitted activities of the Connecticut Green Bank, disbursements from the fund to develop and carry out the plan developed pursuant to subsection (d) of this section, grants, direct or equity investments, contracts or other actions which support research, development, manufacture, commercialization, deployment and installation of environmental infrastructure and actions which expand the expertise of individuals, businesses and lending institutions with regard to environmental infrastructure.
(d) (1) (A) The Connecticut Green Bank is hereby established and created as a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental function. The Connecticut Green Bank shall not be construed to be a department, institution or agency of the state.
(B) The Connecticut Green Bank shall (i) develop separate programs to finance and otherwise support clean energy and environmental infrastructure investment in residential, municipal, small business and larger commercial projects and such others as the Connecticut Green Bank may determine; (ii) support financing or other expenditures that promote investment in clean energy sources and environmental infrastructure in accordance with a comprehensive plan developed by it to foster the growth, development and commercialization of clean energy sources, environmental infrastructure and related enterprises; and (iii) stimulate demand for clean energy and the deployment of clean energy sources within the state that serve end use customers in the state.
(C) The Clean Energy Finance and Investment Authority shall constitute a successor agency to Connecticut Innovations, Incorporated, for the purposes of administering the Clean Energy Fund in accordance with section 4-38d. The Connecticut Green Bank shall constitute a successor agency to the Clean Energy Finance and Investment Authority for purposes of administering the Clean Energy Fund in accordance with section 4-38d. The Connecticut Green Bank shall have all the privileges, immunities, tax exemptions and other exemptions of Connecticut Innovations, Incorporated, with respect to said fund. The Connecticut Green Bank shall administer the Environmental Infrastructure Fund. The Connecticut Green Bank shall be subject to suit and liability solely from the assets, revenues and resources of said bank and without recourse to the general funds, revenues, resources or other assets of Connecticut Innovations, Incorporated. The Connecticut Green Bank may provide financial assistance in the form of grants, loans, loan guarantees or debt and equity investments, as approved in accordance with written procedures adopted pursuant to section 1-121. The Connecticut Green Bank may assume or take title to any real property, convey or dispose of its assets and pledge its revenues to secure any borrowing, convey or dispose of its assets and pledge its revenues to secure any borrowing, for the purpose of developing, acquiring, constructing, refinancing, rehabilitating or improving its assets or supporting its programs, provided each such borrowing or mortgage, unless otherwise provided by the board or said bank, shall be a special obligation of said bank, which obligation may be in the form of bonds, bond anticipation notes or other obligations which evidence an indebtedness to the extent permitted under this chapter to fund, refinance and refund the same and provide for the rights of holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others, and which shall be payable solely from the assets, revenues and other resources of said bank and such bonds may be secured by a special capital reserve fund contributed to by the state, provided that any bond secured by such special capital reserve fund shall have a maturity not exceeding twenty-five years. The Connecticut Green Bank shall have the purposes as provided by resolution of said bank's board of directors, which purposes shall be consistent with this section. No further action is required for the establishment of the Connecticut Green Bank, except the adoption of a resolution for said bank.
(D) In addition to, and not in limitation of, any other power of the Connecticut Green Bank set forth in this section or any other provision of the general statutes, said bank shall have and may exercise the following powers in furtherance of or in carrying out its purposes:
(i) To have perpetual succession as a body corporate and to adopt bylaws, policies and procedures for the regulation of its affairs and the conduct of its business;
(ii) To make and enter into all contracts and agreements that are necessary or incidental to the conduct of its business;
(iii) To invest in, acquire, lease, purchase, own, manage, hold, sell and dispose of real or personal property or any interest therein;
(iv) To borrow money or guarantee a return to investors or lenders;
(v) To hold patents, copyrights, trademarks, marketing rights, licenses or other rights in intellectual property;
(vi) To employ such assistants, agents and employees as may be necessary or desirable, who shall be exempt from the classified service and shall not be employees, as defined in subsection (b) of section 5-270; establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation and retirement, and said bank shall not be an employer, as defined in subsection (a) of section 5-270; and engage consultants, attorneys, financial advisers, appraisers and other professional advisers as may be necessary or desirable;
(vii) To invest any funds not needed for immediate use or disbursement pursuant to investment policies adopted by said bank's board of directors;
(viii) To procure insurance against any loss or liability with respect to its property or business of such types, in such amounts and from such insurers as it deems desirable;
(ix) To enter into joint ventures and invest in, and participate with any person, including, without limitation, government entities and private corporations, in the formation, ownership, management and operation of business entities, including stock and nonstock corporations, limited liability companies and general or limited partnerships, formed to advance the purposes of said bank, provided members of the board of directors or officers or employees of said bank may serve as directors, members or officers of any such business entity, and such service shall be deemed to be in the discharge of the duties or within the scope of the employment of any such director, officer or employee, as the case may be, so long as such director, officer or employee does not receive any compensation or financial benefit as a result of serving in such role;
(x) To enter into a memorandum of understanding or other arrangements with Connecticut Innovations, Incorporated, with respect to the provision or sharing of space, office systems or staff administrative support, on such terms as may be agreed to between said bank and Connecticut Innovations, Incorporated; and
(xi) To do all other acts and things necessary or convenient to carry out the purposes of said bank.
(E) (i) The Connecticut Green Bank may form one or more subsidiaries to carry out the purposes of said bank, as described in subparagraph (B) of subdivision (1) of this subsection, and may transfer to any such subsidiary any moneys and real or personal property of any kind or nature. Any subsidiary may be organized as a stock or nonstock corporation or a limited liability company. Each such subsidiary shall have and may exercise such powers of said bank, as set forth in the resolution of the board of directors of said bank prescribing the purposes for which such subsidiary is formed, and such other powers provided to it by law.
(ii) No such subsidiary of said bank shall be deemed a quasi-public agency for purposes of chapter 12. No such subsidiary of said bank shall have all the privileges, immunities, tax exemptions and other exemptions of said bank, unless such subsidiary is a single member limited liability company that is disregarded as an entity separate from its owner. In no event shall any such subsidiary have the power to hire or otherwise retain employees. The governing documents of any such subsidiary shall provide for the dissolution of such subsidiary upon the completion of the purpose for which such subsidiary was formed. Each such subsidiary may sue and shall be subject to suit, provided its liability shall be limited solely to the assets, revenues and resources of the subsidiary and without recourse to the general funds, revenues, resources or any other assets of said bank. Each such subsidiary is authorized to assume or take title to property subject to any existing lien, encumbrance or mortgage and to mortgage, convey or dispose of its assets and pledge its revenues to secure any borrowing, provided each such borrowing or mortgage shall be a special obligation of the subsidiary, which obligation may be in the form of bonds, bond anticipation notes and other obligations, to fund and refund the same and provide for the rights of the holders thereof, and to secure the same by a pledge of revenues, notes and other assets and which shall be payable solely from the revenues, assets and other resources of the subsidiary. The Connecticut Green Bank may assign to a subsidiary any rights, moneys or other assets it has under any governmental program. No subsidiary of said bank shall borrow without the approval of the board of directors of said bank.
(iii) Each such subsidiary shall act through its board of directors or managing members, at least one-half of which shall be members of the board of directors of said bank or their designees or officers or employees of said bank.
(iv) The provisions of section 1-125 and this subsection shall apply to any officer, director, designee or employee appointed as a member, director or officer of any such subsidiary. Any such person so appointed shall not be personally liable for the debts, obligations or liabilities of any such subsidiary as provided in section 1-125. The subsidiary shall, and said bank may, save harmless and indemnify such officer, director, designee or employee as provided by section 1-125.
(v) The Connecticut Green Bank, or such subsidiary, may take such actions as are necessary to comply with the provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, to qualify and maintain any such subsidiary as a corporation exempt from taxation under said code.
(vi) The Connecticut Green Bank may make loans to each such subsidiary from its assets and the proceeds of its bonds, notes and other obligations, provided the source and security for the repayment of such loans is derived from the assets, revenues and resources of the subsidiary.
(2) (A) The Connecticut Green Bank may seek to qualify as a Community Development Financial Institution under Section 4702 of the United States Code. If approved as a Community Development Financial Institution, said bank would be treated as a qualified community development entity for purposes of Section 45D and Section 1400N(m) of the Internal Revenue Code.
(B) Before making any loan, loan guarantee, or such other form of financing support or risk management for a clean energy or environmental infrastructure project, the Connecticut Green Bank shall develop standards to govern the administration of said bank through rules, policies and procedures that specify borrower eligibility, terms and conditions of support, and other relevant criteria, standards or procedures.
(C) Funding sources specifically authorized include, but are not limited to:
(i) Funds repurposed from existing programs providing financing support for clean energy projects, provided any transfer of funds from such existing programs shall be subject to approval by the General Assembly and shall be used for expenses of financing, grants and loans;
(ii) Any federal funds that can be used for the purposes specified in subsection (c) of this section, provided such funds are not required to be deposited in the accounts of the Clean Water Fund pursuant to sections 22a-475 to 22a-483f, inclusive;
(iii) Charitable gifts, grants, contributions as well as loans from individuals, corporations, university endowments and philanthropic foundations;
(iv) Earnings and interest derived from financing support activities for clean energy and environmental infrastructure projects backed by the Connecticut Green Bank;
(v) If and to the extent that the Connecticut Green Bank qualifies as a Community Development Financial Institution under Section 4702 of the United States Code, funding from the Community Development Financial Institution Fund administered by the United States Department of Treasury, as well as loans from and investments by depository institutions seeking to comply with their obligations under the United States Community Reinvestment Act of 1977; and
(vi) The Connecticut Green Bank may enter into contracts with private sources to raise capital. The average rate of return on such debt or equity shall be set by the board of directors of said bank.
(D) The Connecticut Green Bank may provide financing support under this subsection if said bank determines that the amount to be financed by said bank and other nonequity financing sources do not exceed one hundred per cent of the cost to develop and deploy a clean energy project or an environmental infrastructure project.
(E) The Connecticut Green Bank may assess reasonable fees on its financing activities to cover its reasonable costs and expenses, as determined by the board.
(F) The Connecticut Green Bank shall make information regarding the rates, terms and conditions for all of its financing support transactions available to the public for inspection, including formal annual reviews by both a private auditor conducted pursuant to subdivision (2) of subsection (f) of this section and the Comptroller, and providing details to the public on the Internet, provided public disclosure shall be restricted for patentable ideas, trade secrets, proprietary or confidential commercial or financial information, disclosure of which may cause commercial harm to a nongovernmental recipient of such financing support and for other information exempt from public records disclosure pursuant to section 1-210.
(G) The Connecticut Green Bank shall not apply, directly or through a subsidiary, to be eligible for grants under (i) the Clean Water Act, 33 USC 1251 et seq., as amended from time to time, without the approval of the State Treasurer and the Commissioner of Energy and Environmental Protection, or (ii) the Safe Drinking Water Act, 42 USC 300f et seq., as amended from time to time, without the approval of the State Treasurer and the Commissioner of Public Health.
(3) No director, officer, employee or agent of the Connecticut Green Bank, while acting within the scope of his or her authority, shall be subject to any personal liability resulting from exercising or carrying out any of the Connecticut Green Bank's purposes or powers.
(e) (1) The powers of the Connecticut Green Bank shall be vested in and exercised by a board of directors, which shall consist of twelve voting members and one nonvoting member each with knowledge and expertise in matters related to the purpose and activities of said bank appointed as follows: The Treasurer or the Treasurer's designee, the Commissioner of Energy and Environmental Protection or the commissioner's designee, the Commissioner of Economic and Community Development or the commissioner's designee, and the Secretary of the Office of Policy and Management or the secretary's designee, each serving ex officio, one member who shall represent a residential or low-income group appointed by the speaker of the House of Representatives for a term of four years, one member who shall have experience in investment fund management appointed by the minority leader of the House of Representatives for a term of three years, one member who shall represent an environmental organization appointed by the president pro tempore of the Senate for a term of four years, and one member who shall have experience in the finance or deployment of renewable energy appointed by the minority leader of the Senate for a term of four years. Thereafter, such members of the General Assembly shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. The Governor shall appoint four members to the board as follows: Two for two years who shall have experience in the finance of renewable energy; one for four years who shall be a representative of a labor organization; and one for four years who shall have experience in research and development or manufacturing of clean energy. Thereafter, the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. The president of the Connecticut Green Bank shall be elected by the members of the board. The president of the Connecticut Green Bank shall serve on the board in an ex-officio, nonvoting capacity. The Governor shall appoint the chairperson of the board. The board shall elect from its members a vice chairperson and such other officers as it deems necessary and shall adopt such bylaws and procedures it deems necessary to carry out its functions. The board may establish committees and subcommittees as necessary to conduct its business.
(2) The members of the board of directors of the Connecticut Green Bank shall adopt written procedures, in accordance with the provisions of section 1-121, for: (A) Adopting an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect; (B) hiring, dismissing, promoting and compensating employees of said bank, including an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled; (C) acquiring real and personal property and personal services, including a requirement of board approval for any nonbudgeted expenditure in excess of five thousand dollars; (D) contracting for financial, legal, bond underwriting and other professional services, including a requirement that said bank solicit proposals at least once every three years for each such service that it uses; (E) issuing and retiring bonds, bond anticipation notes and other obligations of said bank; (F) awarding loans, grants and other financial assistance, including eligibility criteria, the application process and the role played by said bank's staff and board of directors; and (G) the use of surplus funds to the extent authorized under this section or other provisions of the general statutes.
(3) No member of the board of directors of the Connecticut Green Bank shall be a trustee, director, partner or officer of any person, firm or corporation, or have a financial interest in a person, firm or corporation that participates in or otherwise receives support from programs developed, administered or otherwise supported by the Connecticut Green Bank. The holding of any such position as a trustee, director, partner or officer, or any financial interest by a member of the board of directors of the Connecticut Green Bank shall be deemed a conflict of interest, provided it shall not constitute a conflict of interest for a member of the board of directors of the Connecticut Green Bank to serve as a director, member or officer of a joint venture entered into by the Connecticut Green Bank pursuant to subsection (d) of this section.
(f) (1) The board shall issue annually a report to the Department of Energy and Environmental Protection reviewing the activities of the Connecticut Green Bank in detail and shall provide a copy of such report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to energy, the environment, banking and commerce. The report shall include a description of the programs and activities undertaken during the reporting period jointly or in collaboration with the Conservation and Load Management Plan established pursuant to section 16-245m.
(2) The Clean Energy Fund and the Environmental Infrastructure Fund shall be audited annually. Such audits shall be conducted with generally accepted auditing standards by independent certified public accountants certified by the State Board of Accountancy. Such accountants may be the accountants for the Connecticut Green Bank.
(3) Any entity that receives financing for a clean energy or environmental infrastructure project from the Clean Energy Fund or the Environmental Infrastructure Fund shall provide the board an annual statement, certified as correct by the chief financial officer of the recipient of such financing, setting forth all sources and uses of funds in such detail as may be required by the bank for such project. The Connecticut Green Bank shall maintain any such audits for not less than five years. Residential projects for buildings with one to four dwelling units are exempt from this and any other annual auditing requirements, except that residential projects may be required to grant their utility companies' permission to release their usage data to the Connecticut Green Bank.
(g) There shall be a joint committee of the Energy Conservation Management Board and the Connecticut Green Bank board of directors, as provided in subdivision (2) of subsection (d) of section 16-245m.
(h) (1) The state of Connecticut does hereby pledge to and agree with any person with whom the Connecticut Green Bank may enter into contracts pursuant to the provisions of this section that the state will not limit or alter the rights hereby vested in said bank until such contracts and the obligations thereunder are fully met and performed on the part of said bank, provided nothing herein contained shall preclude such limitation or alteration if adequate provision shall be made by law for the protection of such persons entering into contracts with said bank. The pledge provided by this subsection shall be interpreted and applied broadly to effectuate and maintain the bank's financial capacity to perform its essential public and governmental function.
(2) The contracts and obligations thereunder of said bank shall be obligatory upon the bank, and the bank may appropriate in each year during the term of such contracts an amount of money that, together with other funds of the bank available for such purposes, shall be sufficient to pay such contracts and obligations or meet any contractual covenants or warranties.
(i) The powers enumerated in this section shall be interpreted broadly to effectuate the purposes established in this section and shall not be construed as a limitation of powers.
(j) To the extent that the provisions of this section are inconsistent with the provisions of any general statute or special act or parts thereof, the provisions of this section shall be deemed controlling.
(P.A. 98-28, S. 44, 117; P.A. 03-135, S. 10, 11; June 30 Sp. Sess. P.A. 03-6, S. 50; June Sp. Sess. P.A. 05-1, S. 6; P.A. 07-152, S. 1; 07-242, S. 15, 120; P.A. 11-51, S. 134; 11-80, S. 1, 99; June 12 Sp. Sess. P.A. 12-2, S. 158; P.A. 14-94, S. 29; 14-134, S. 15; P.A. 16-212, S. 1–3; P.A. 18-50, S. 10, 22; P.A. 21-115, S. 19–21.)
History: P.A. 98-28 effective July 1, 1998; P.A. 03-135 added “hydrogen production and hydrogen conversion technologies” in Subsec. (a) and added “the Department of Public Utility Control and the Office of Consumer Counsel” in Subsec. (d), effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) to provide for a plan to avoid disbursements from the Renewable Energy Investment Fund to the General Fund in the implementation of the budget for the biennium ending June 30, 2005, effective August 20, 2003; June Sp. Sess. P.A. 05-1 amended Subsec. (a) to add provision re certain usable energy and thermal storage systems, amended Subsec. (b) to make technical changes and to change assessment on and after July 1, 2004, from one mill to not less than one mill, amended Subsec. (d) to require preference for projects that maximize reduction of federally mandated congestion charges, to require consistency with the comprehensive energy plan, to require report to describe collaboration with the Energy Conservation and Load Management Funds, and to make technical changes, and added Subsec. (e) establishing a joint committee of the Energy Conservation Management Board and the Renewable Energy Investments Advisory Committee and Subsec. (f) re evaluation of the programs, effective July 21, 2005; P.A. 07-152 amended Subsec. (c) to put fund within Connecticut Innovations, Incorporated, for administrative purposes only and to make reimbursement for services provided by administrator a permissible expenditure, amended Subsec. (d) to change advisory committee to board, to move board appointees to new Subsec. (e) and to list requirements for the comprehensive plan, added Subsecs. (e) and (f) re appointments and reporting, redesignated existing Subsecs. (e) and (f) as Subsecs. (g) and (h) and made conforming changes therein; P.A. 07-242 added photovoltaic energy, solar thermal, geothermal energy, hydropower that meets low-impact standards of Low-Impact Hydropower Institute, and certain alternative fuels in Subsec. (a), amended Subsec. (c) to add certain operational demonstration projects to list of permissible fund expenditures, and deleted provision re comprehensive energy plan approved pursuant to Sec. 16a-7a in Subsec. (d), effective June 4, 2007; P.A. 11-80 amended Subsec. (a) to change defined term from “renewable energy” to “clean energy”, to change “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection” and to add provisions re financing of energy efficiency projects and projects that seek to deploy electric, electric hybrid, natural gas or alternative fuel vehicles and associated infrastructure and related storage, distribution or manufacturing, amended Subsec. (b) to replace “Department of Public Utility Control” with “Public Utilities Regulatory Authority” and to replace “Renewable Energy Investment Fund” with “Clean Energy Fund”, amended Subsec. (c) to replace “Renewable Energy Investment Fund” with “Clean Energy Fund”, to place fund within Clean Energy Finance and Investment Authority, rather than Connecticut Innovations, Incorporated for administrative purposes, to change “renewable energy” to “clean energy”, to add provision re providing low-cost financing and credit enhancement, to delete provision re reimbursement of fund administrator and management fee and to add provision re reimbursement of operating expenses, amended Subsec. (d) to replace former provisions re Renewable Energy Investments Board with provisions establishing Clean Energy Finance and Investment Authority, amended Subsec. (e) to replace former provisions re Renewable Energy Investments Board with provisions re board of directors of Clean Energy Finance and Investment Authority, amended Subsec. (f) by designating existing provisions as Subdiv. (1) and amending same to require report to be issued to Department of Energy and Environmental Protection, rather than Department of Public Utility Control, and to replace “Renewable Energy Investment Fund” with “Clean Energy Finance and Investment Authority”, by adding Subdiv. (2) re annual audits and by adding Subdiv. (3) re annual statement and exemption, amended Subsec. (g) to change “Renewable Energy Investments Board” to “Clean Energy Finance and Investment Authority board of directors” and deleted former Subsec. (h) re performance evaluation, effective July 1, 2011; pursuant to P.A. 11-80, “department” was changed editorially by the Revisors to “authority” in Subsec. (b), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (a) to redefine “clean energy” to include any Class I renewable energy source, amended Subsec. (d)(1) to insert new Subpara. designators (A), (B) and (C), replace provision re Clean Energy Finance and Investment Authority deemed to be a quasi-public agency with provision re establishment of authority as a public instrumentality and political subdivision, add provision allowing authority to provide financial assistance in the form of grants, loans, loan guarantees or debt and equity investments, and authorize authority to secure bonds by a special capital reserve fund, amended Subsec. (e) to add provision re election of president of authority, and made technical and conforming changes, effective June 15, 2012; P.A. 14-94 created the Connecticut Green Bank as successor agency to the Clean Energy Finance and Investment Authority and made conforming changes, effective June 6, 2014; P.A. 14-134 amended Subsec. (b) by deleting provisions re disbursement to General Fund, issuance of rate reduction bonds, recovery of expenditures, disbursement to Clean Energy Fund and rate adjustments, effective June 6, 2014; P.A. 16-212 amended Subsec. (d)(1) by deleting provision re Green Bank being within Connecticut Innovations, Incorporated, for administrative purposes in Subpara. (A), adding Subpara. (D) re Green Bank powers, and adding Subpara. (E) re Green Bank subsidiaries, amended Subsec. (e) by designating existing provisions as Subdiv. (1) and amending same to delete reference to member of board of Connecticut Innovations, Incorporated, adding Subdiv. (2) re adoption of written procedures, and adding Subdiv. (3) re Green Bank board members' conflict of interest, deleted former Subsec. (h) re terms, added new Subsec. (h) re contracts, and added Subsecs. (i) and (j) re interpretation of Green Bank powers and inconsistencies with other provisions, effective June 10, 2016; P.A. 18-50 amended Subsec. (f)(1) by changing “Energy Conservation and Load Management Funds” to “Conservation and Load Management Plan”, effective January 1, 2020, and amended Subsec. (h) to designate existing provisions re state's pledge as Subdiv. (1) and amend same to add provision re pledge to be interpreted and applied broadly, and add Subdiv. (2) re contracts and obligations of bank, effective May 24, 2018; P.A. 21-115 amended Subsec. (a) by redesignating definition of “clean energy” as Subdiv. (2) and adding definitions of “carbon offsets”, “ecosystem services” and “environmental infrastructure” as Subdivs. (1), (3) and (4), respectively, amended Subsec. (c) by designating existing provisions as Subdiv. (1) and amending same to delete reference to Connecticut Innovations, Incorporated, and adding Subdiv. (2) re Environmental Infrastructure Fund, amended Subsec. (d) by adding references to environmental infrastructure in Subdiv. (1)(B), adding provisions re Connecticut Green Bank to administer Environmental Infrastructure Fund and maturity date of 25 years for bond secured by special capital reserve fund in Subdiv. (1)(C), adding provision re single member limited liability company that is disregarded as entity separate from its owner and making a technical change in Subdiv. (1)(E)(ii), adding reference to environmental infrastructure in Subdiv. (2)(B), adding provision re federal funds not being required to be deposited in Clean Water Fund and reference to environmental infrastructure in Subdiv. (2)(C), changing provision re nonequity financing sources from not exceeding 80 per cent to not exceeding 100 per cent and changing “up to one hundred per cent of the cost of financing an energy efficiency project” to “an environmental infrastructure project” in Subdiv. (2)(D), and adding Subdiv. (2)(G) re limitation of Green Bank when applying for grants under Clean Water Act or Safe Drinking Water Act, amended Subsec. (e)(1) by changing board of directors from 11 voting members to 12 voting members and from 2 nonvoting members to 1 nonvoting member, adding Secretary of Office of Policy and Management or secretary's designee and establishing 4-year term for member appointed by Governor who has experience in research and development or manufacturing of clean energy, amended Subsec. (f) by adding “, the environment, banking” in Subdiv. (1), adding reference to Environmental Infrastructure Fund in Subdiv. (2), and adding reference to environmental infrastructure and changing “fund” to “Clean Energy Fund or the Environmental Infrastructure Fund” in Subdiv. (3), effective July 1, 2021.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 16 - Public Service Companies

Chapter 283 - Telephone, Gas, Power and Water Companies

Section 16-228. - Telephone lines.

Section 16-229. - Excavation in highway.

Section 16-230. - Bond requirement.

Section 16-231. - Appeal.

Section 16-231a. - Cuts and permanent patches in highway. Inspections. Repairs. Certification.

Section 16-232. - Rights of companies organized under general law.

Section 16-233. - Use of gain by town, city, borough, fire district or Department of Transportation.

Section 16-234. - Conducting vegetation management; notice to abutting and private property owners. Changing location of, erecting or placing wires, conductors, fixtures, structures or apparatus over, on or under any highway or public ground; rights...

Section 16-235. - Control by local authorities. Orders. Appeals.

Section 16-236. - Appraisal of damages; costs.

Section 16-237. - No prescriptive right.

Section 16-238. - Wires may be cut; notice.

Section 16-239. - Dispatches transmitted in order. Exceptions.

Section 16-240 to 16-242. - Delivery of messages. Mortgage by telegraph company. Telephone service to telegraph companies.

Section 16-243. - Jurisdiction of authority over electricity transmission lines.

Section 16-243a. - Private power producers. Purchase and sale of electricity. Avoided costs. Small renewable power projects. Interconnectivity standards.

Section 16-243aa. - Distribution of electricity across a public highway or street by a municipality or state or federal governmental entity.

Section 16-243b. - Definitions. Jurisdiction.

Section 16-243bb. - Adjustment of electric distribution company residential fixed charge.

Section 16-243c. - Electricity transmission and distribution services for electric cooperatives utilizing cogeneration technology and renewable energy resources.

Section 16-243cc. - Energy storage deployment. Report.

Section 16-243d. - Project by private power producer deemed “industrial project”.

Section 16-243dd. - Energy storage project proposals.

Section 16-243e. - Electric distribution company purchase of electricity generated by municipal resources recovery facilities.

Section 16-243ee. - Electric energy storage resource programs and associated funding mechanisms. Report.

Section 16-243f. - Private power providers. Regulations concerning the purchase and sale of electricity.

Section 16-243g. - Assignment of electricity purchase agreements.

Section 16-243h. - Credit to residential customers who generate electricity; metering.

Section 16-243i. - Awards to retail end use electric customers and electric distribution companies re customer-side distributed resources.

Section 16-243j. - Long-term financing for customer-side distributed resources and advanced power monitoring and metering equipment.

Section 16-243k. - Assessment of customer-side and grid-side distributed resources, effectiveness of award program.

Section 16-243l. - Rebate for customer-side distributed resource projects that use natural gas.

Section 16-243m. - Measures to reduce federally mandated congestion charges.

Section 16-243n. - Time-of-use, mandatory peak, shoulder, off-peak and seasonal rates. Optional interruptible or load response rates.

Section 16-243o. - Waiver of back-up power rates.

Section 16-243p. - Recovery of costs, investments and lost revenues by an electric distribution company.

Section 16-243q. - Class III renewable energy portfolio standards.

Section 16-243r. - Customer-side distributed resources and grid-side distributed resources. Qualifications for applicability of certain provisions.

Section 16-243s. - Awards to electric distribution companies for programs for load curtailment, demand reduction and retrofit conservation.

Section 16-243t. - Class III credits.

Section 16-243u. - Plan to build peaking generation.

Section 16-243v. - Connecticut electric efficiency partner program. Residential furnace or boiler replacement and propane fuel tank purchase program.

Section 16-243w. - Advanced metering system plan and deployment.

Section 16-243x. - Time-of-use meters. Notice of availability.

Section 16-243y. - Microgrid and resilience grant and loan pilot program to support distributed energy generation for critical facilities.

Section 16-243z. - Geographic information systems data sharing. Disclosure of locations of medical hardship accounts in emergencies.

Section 16-244. - Electric deregulation; findings and declarations.

Section 16-244a. - Rate freeze for electric service.

Section 16-244aa. - Performance-based regulation of electric distribution companies.

Section 16-244b. - Electric customers to choose electric suppliers. Phase-in of electric deregulation.

Section 16-244bb. - Sustainable materials management account.

Section 16-244c. - Standard service. Alternative standard service. Supplier of last resort. Back-up generation service. Participating electric suppliers.

Section 16-244cc. - Energy storage systems pilot program.

Section 16-244d. - Program for distribution of information re electric suppliers. Rate board Internet web site.

Section 16-244e. - Ownership or operation of generation assets. Customer bill. Energy storage systems to enhance distribution reliability or resiliency.

Section 16-244f. - Divestiture of nonnuclear electric generation facilities. Plan. Approval of sale by authority.

Section 16-244g. - Divestiture of nuclear electric generation facilities. Plan. Approval of sale by authority.

Section 16-244h. - Code of conduct for electric distribution companies, generation entities or affiliates and electric suppliers. Contents of code. Penalties, damages.

Section 16-244i. - Duties of electric distribution companies.

Section 16-244j. - Electric transmission lines from Bethel to Norwalk. Moratorium. Working group and comprehensive assessment.

Section 16-244k. - Allocation of the proceeds of the retail adder.

Section 16-244l. - Modification of fuel cell electricity purchase agreements.

Section 16-244m. - Procurement Plan re standard service.

Section 16-244n. - Standard service contract buydown.

Section 16-244o. - Generation evaluation and procurement process.

Section 16-244p. - Transmission line project review.

Section 16-244q. - Request for proposal re reliability concerns.

Section 16-244r. - Long-term contracts re zero emission generation projects. Solicitation of Class I generation projects. Renewable energy credits.

Section 16-244s. - Zero emission generation projects solicitation plan. Procurement plan. Noncompliance fee.

Section 16-244t. - Power purchase contracts re low-emission generation projects. Renewable energy credits.

Section 16-244u. - Virtual net metering.

Section 16-244v. - Renewable energy sources generation. Proposals to build, own or operate facilities.

Section 16-244w. - Grid-side system enhancements pilot program.

Section 16-244x. - Shared clean energy facility pilot program.

Section 16-244y. - Fuel cell electricity generation. Soliciation of proposals to aquire new fuel cell electricity generation projects with associated tariffs.

Section 16-244z. - Renewable energy tariffs.

Section 16-245. - Licensing of electric suppliers. Customer assignment or transfer. Procedures. Penalties. Regulation of electric aggregators. Procedures. Penalties.

Section 16-245a. - Renewable portfolio standards.

Section 16-245aa. - Renewable energy and efficient energy finance program.

Section 16-245b. - Municipalities and regional water authorities acting as electric aggregators; registration with Public Utilities Regulatory Authority.

Section 16-245bb. - Bond authorization.

Section 16-245c. - Municipal electric utilities participating in deregulated environment. Authority to provide generation services outside service area.

Section 16-245cc. - Demand charge waiver for fuel cells.

Section 16-245d. - Billing of electric service. Standard format. Contents. Bill inserts and mailings. Electronic bill payment confirmation.

Section 16-245dd. - Residential electric space heating tariff.

Section 16-245e. - Stranded costs of electric distribution companies. Definitions. Calculation by authority. Procedures. Adjustments. Mitigation.

Section 16-245ee. - Energy conservation and load management and renewable energy projects in lower income communities. Requirements for approval.

Section 16-245f. - Funding of certain disbursements to the General Fund. Funding of stranded costs through rate reduction bonds. Funding of economic recovery transfer through economic recovery revenue bonds. Assessment.

Section 16-245ff. - Residential solar investment program.

Section 16-245g. - Competitive transition assessment. Determination by authority of amount and how applied to electric customers. Duration.

Section 16-245gg. - Master purchase agreement for solar home renewable energy credits.

Section 16-245h. - Transition property. Surplus competitive transition assessment. Restrictions on use of transition property by electric distribution companies.

Section 16-245hh. - Condominium renewable energy grant program.

Section 16-245i. - Financing orders re the economic recovery transfer, the Energy Conservation and Load Management Fund, the Clean Energy Fund and stranded costs.

Section 16-245ii. - Energy consumption data of nonresidential buildings.

Section 16-245j. - Rate reduction bonds and economic recovery revenue bonds; terms.

Section 16-245jj. - Town customer electricity and gas usage information.

Section 16-245k. - Security interest in transition property; creation; perfection. Transferring transition property. Duration of authority to issue financing orders.

Section 16-245kk. - Issuance of bonds, notes and other obligations by the Connecticut Green Bank.

Section 16-245l. - Systems benefits charge. Determination by authority of amount and how applied to customers.

Section 16-245ll. - Clean energy bonds.

Section 16-245m. - Energy Conservation Management Board. Conservation and Load Management Plan.

Section 16-245mm. - Special capital reserve funds.

Section 16-245n. - Connecticut Green Bank. Charge assessed against electric customers. Clean Energy Fund. Environmental Infrastructure Fund.

Section 16-245nn. - Residential solar photovoltaic system permit.

Section 16-245o. - Use of customer information. Promotional inserts in electric bills prohibited. Standard form re contract terms and conditions. Procedures for entering, renewing and terminating service contracts. Rate increase disclosures. Marketin...

Section 16-245p. - Information re electric supplier and electric distribution company to be provided to customers.

Section 16-245q. - Changing electric suppliers.

Section 16-245r. - Discrimination by electric suppliers prohibited.

Section 16-245s. - Switching electric suppliers; procedures; penalties; regulations.

Section 16-245t. - Complaints to authority re electric suppliers; procedures; remedies.

Section 16-245u. - Unfair and discriminatory conduct and unfair trade practices in electric market prohibited. Investigations.

Section 16-245v. - List of displaced electric utility employees to be provided to distribution companies and electric suppliers.

Section 16-245w. - Fee to be paid by self-generation facilities in lieu of certain assessments; study by authority.

Section 16-245x. - Monitoring and reporting by authority of electric rates of each customer class. Action to minimize rate differential.

Section 16-245y. - Annual reporting re status of electric deregulation.

Section 16-245z. - Internet links to Energy Star program.

Section 16-246. - Other companies which may sell electricity.

Section 16-246a. - Definitions.

Section 16-246b to 16-246d. - Area within which domestic company may generate and transmit electric energy. Area within which foreign electric company may generate and transmit electric energy. Joint ownership of facility; waiver of right to petition...

Section 16-246e. - Procurement and sale by authority of electric power capacity and power output from out-of-state producers. Approval by Governor.

Section 16-246f. - Electric company emergency assistance.

Section 16-246g. - Pilot program for electric generation.

Section 16-247. - Foreign telephone companies.

Section 16-247a. - Goals of the state. Definitions.

Section 16-247b. - Unbundling of telephone company's network, services and functions. Access to telephone company's telecommunications services, functions and unbundled network elements. Rates for competitive or emerging competitive service. Subsidiz...

Section 16-247c. - Provision of intrastate telecommunications services. Civil penalty. Competition.

Section 16-247d. - Biennial reports on competition for intrastate interexchange telecommunications service. Plan for implementing competition. General Assembly approval required.

Section 16-247e. - Basic telecommunications services. Lifeline and telecommunications relay service programs. Universal service program.

Section 16-247f. - Regulation of telecommunication services: Initial classifications, reclassifications, tariffs, exemption from filing tariff.

Section 16-247g. - Certificate of public convenience and necessity for intrastate telecommunications services: Application, requirements, suspension, revocation. Fees. Obligation to serve.

Section 16-247h. - Use of public right-of-way for provision of intrastate telecommunications service.

Section 16-247i. - Telecommunications service and regulation status report.

Section 16-247j. - Regulations.

Section 16-247k. - Alternative forms of regulation for telephone companies: Plan requirements, monitoring period, modification.

Section 16-247l. - Access by certified telecommunications providers to occupied buildings: Service, wiring, compensation, regulations, civil penalty.

Section 16-247m. - Withdrawal by telephone company of retail telecommunications service. Applications.

Section 16-247n. - Certification of telephone company's operations support systems interface. Rates. Proceedings.

Section 16-247o. - Consultant to test operations support systems interface.

Section 16-247p. - Quality-of-service standards. Performance standards.

Section 16-247q. - Education outreach program for telecommunications competition, scope. Consumer Education Advisory Council established.

Section 16-247r. - Discrimination by telephone companies and certified telecommunications providers prohibited.

Section 16-247s. - Directory assistance database. Disclosure and distribution of cellular mobile telephone numbers.

Section 16-247t. - Customer inquiries and complaints regarding cellular mobile telephone service.

Section 16-247u. - Unauthorized procurement and sale of telephone records. Definitions. Exclusions. Telephone company protection of records. Penalties. Unfair trade practice.

Section 16-247v. - Performance standards for restoration of intrastate telecommunications service after emergencies. Credit for service outages.

Section 16-248. - Rights of telephone company in operation May 23, 1985.

Section 16-249 to 16-250a. - Authority finding re extension of exchange business of telephone company. Determination of public convenience and necessity for extension. Reselling or sharing of line purchased or leased from telephone company.

Section 16-250b. - Cellular mobile telephone service. Authority jurisdiction. Regulations.

Section 16-251. - Bonds of telephone company.

Section 16-252. - Bonds may be secured by mortgage.

Section 16-253 and 16-254. - Amount of capital to be paid in. Subscriptions for cash. Sections 16-253 and 16-254 are repealed, effective October 1, 2002.

Section 16-255. - General powers.

Section 16-255a to 16-255i. - Acquisition of control of domestic telephone companies limited; statement; expenses of department. Form of statement. Hearing re department approval of acquisition; standard of review. Nonvotable securities; injunctive r...

Section 16-256. - Notice of offense in party line usage in telephone directory.

Section 16-256a. - Directory assistance charge prohibited.

Section 16-256b. - Special telecommunications equipment for deaf and hearing impaired persons. Fund. Amplification controls for coin and coinless telephones installed for public or semipublic use.

Section 16-256c. - Extended local calling criteria. Calling volume. Subscriber survey and vote. Petitions.

Section 16-256d. - Itemized telephone bills for business customers.

Section 16-256e. - Recorded telephone message devices prohibited. Blocking devices or services prohibited: Class A misdemeanor.

Section 16-256f. - Blocking service available to customers.

Section 16-256g. - Proceeding to determine monthly subscriber fee. Assessment of subscribers for enhanced emergency 9-1-1 program.

Section 16-256h. - Business to residential pricing ratio for basic exchange service.

Section 16-256i. - Primary local or intrastate interexchange carrier orders. Unauthorized switching. Penalty.

Section 16-256j. - Billing for telecommunications services. Information re carriers, basic, local service and taxes.

Section 16-256k. - Disclosure for removal or change in telecommunications service. Disclosure for promotional offerings.

Section 16-257. - Recording of agreement of consolidation or merger of electric and gas companies.

Section 16-258. - Standards concerning electricity and gas.

Section 16-258a. - Registration of natural gas sellers. Procedures. Penalties.

Section 16-258b. - Registration of electric generating facilities.

Section 16-258c. - Dual fuel capability requirements for electric generating facilities.

Section 16-258d. - District heating systems incentive program.

Section 16-258e. - Electric distribution company procurement of electricity and renewable energy credits from a combined heat and power system.

Section 16-259. - Inspection of meters.

Section 16-259a. - Inaccurate billing. Financial liability of customer. Payment plan.

Section 16-260. - Water meters may be required.

Section 16-261. - Extension of electric lines to unserved areas. Determination of rates.

Section 16-261a. - Interagency electric and magnetic fields task force; composition; study. Assessment of electric public service companies for specified expenses of task force.

Section 16-262. - Gas companies authorized to deal in natural gas.

Section 16-262a. - Water company to have area resident as director or advisory council of area residents.

Section 16-262b. - Notice of discharge of explosives or highway excavation to gas companies.

Section 16-262c. - Termination of utility service for nonpayment, when prohibited. Amortization agreements. Moneys allowed to be deducted from customers' accounts and moneys to be included in rates as an operating expense. Hardship cases. Notice. Reg...

Section 16-262d. - Termination of residential utility service on account of nonpayment. Notice. Nontermination in event of illness during pendency of customer complaint or investigation. Amortization agreement. Appeal. Notice re credit rating informa...

Section 16-262e. - Notice furnished tenants re intended termination of utility service. Assumption by tenants of liability for future service. Liability of landlords for certain utility services. Deduction from rent. Access to meters.

Section 16-262f. - Action for receivership of rents and common expenses by electric distribution, gas and telephone companies; petition; hearing; appointment; duties; termination.

Section 16-262g. - Penalty.

Section 16-262h. - Nonexclusivity of remedy.

Section 16-262i. - Regulations.

Section 16-262j. - Refusal of residential utility service. Regulations. Refusal of telecommunications service to a candidate or committee. Interest on customer security deposits.

Section 16-262k. - Interconnection of public water supply systems to relieve site-specific water shortages.

Section 16-262l. - Receivership of water companies for failure to provide adequate service. Personal liability of directors, officers and managers.

Section 16-262m. - Construction specifications for water companies.

Section 16-262n. - Definition. Economic viability of water companies. Reviews. Failure to comply with orders. Hearings.

Section 16-262o. - Acquisition of water company ordered by authority. Rates and charges. Recovery of acquisition costs.

Section 16-262p. - Improvements by acquiring entity.

Section 16-262q. - Compensation for acquisition of water company.

Section 16-262r. - Satellite management of water companies. Expedited rate proceedings.

Section 16-262s. - Voluntary acquisition of water company. Surcharges. Rate of return.

Section 16-262t. - Action for receivership of rent and common expenses by water companies; petition; hearing; appointment; duties; termination.

Section 16-262u. - Replacement and repair of water service connections. Granting of exceptions.

Section 16-262v. - Water company infrastructure projects: Definitions.

Section 16-262w. - Water company rate adjustment mechanisms.

Section 16-262x. - Termination of residential utility service. Requirements.

Section 16-262y. - Water company revenue adjustment mechanism.

Section 16-262z. - Properties served by deficient well systems. Extension of service by water company.