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House Bill No. 5340
Public Act No. 26-127
AN ACT CONCERNING RENEWABLE POWER GENERATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2026) (a) As used in this section and
sections 2 to 4, inclusive, of this act:
(1) "Authority" means the Public Utilities Regulatory Authority;
(2) "Class I renewable energy source" has the same meaning as
provided in section 16-1 of the general statutes;
(3) "Commissioner" means the Commissioner of Energy and
Environmental Protection;
(4) "Distributed energy resource" has the same meaning as provided
in section 16-1 of the general statutes;
(5) "Dwelling unit" has the same meaning as provided in section 47a-
1 of the general statutes;
(6) "Energy storage system" has the same meaning as provided in
section 16-1 of the general statutes;
(7) "Shared clean energy facility" means a Class I renewable energy
source that (A) emits no pollutants, (B) is served by an electric
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distribution company, (C) has a nameplate capacity rating of five
megawatts or less, and (D) has at least two subscribers;
(8) "Residential customer" means a customer that resides in a single -
family home, a multifamily development consisting of two to four
dwelling units or a multifamily development consisting of five or more
dwelling units, provided in the case of a multifami ly development
consisting of five or more such units, (A) not less than sixty per cent of
the units of the multifamily development are occupied by persons and
families with income that is not more than sixty per cent of the area
median income for the municipality in which it is located, as determined
by the United States Department of Housing and Urban Development,
or (B) such multifamily development is determined to be affordable
housing by the Public Utilities Regulatory Authority according to any
alternative metrics designated by the authority; and
(9) "Low -income customer" means a retail end user of an electric
distribution company who resides in the state, (A) whose income does
not exceed sixty per cent of the state median income, adjusted for family
size, or (B) who resides in an affordable housing development, provided
the authority may modify the definition of "low -income customer" for
the sole purpose of aligning such definition with the requirements of
any federal program that provides renewable energy incentives.
(b) On or before August 1, 2026, the authority shall initiate a
proceeding to establish a successor program to the Residential
Renewable Energy Solutions program established by the authority
pursuant to section 16-244z of the general statutes, as amended b y this
act. In establishing such successor program, the authority shall establish
(1) tariffs for each electric distribution company, (2) a rate for such
tariffs, and (3) tariff terms and conditions consistent with the
requirements of this section. Any suc h tariff shall be for a term not to
exceed twenty years. In such proceeding, the authority shall consider
the findings of the study of the value of distributed energy resources
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conducted pursuant to section 16a -3o of the general statutes, the
recommendations of the Integrated Resources Plan developed pursuant
to section 16a-3a of the general statutes and the Comprehensive Energy
Strategy developed pursuant to section 16a -3d of th e general statutes,
the system efficiency and utilization goal established pursuant to section
16a-3v of the general statutes and the impact of distributed energy
resources on the state's goals to reduce greenhouse gas emissions
pursuant to section 22a-200a of the general statutes. The authority shall
issue a final order in such proceeding on or before December 1, 2027.
(c) In establishing rates for tariffs pursuant to this section, the
authority shall set such rates based on the electric system benefits
received by all ratepayers from the distributed energy resource based
on time of production, equitable distribution of participant benefits, the
Comprehensive Energy Strategy adopted pursuant to section 16a -3d of
the general statutes, the Integrated Resources Plan developed pursuant
to section 16a -3a of the general statutes, the system efficiency and
utilization goal estab lished pursuant to section 16a -3v of the general
statutes and the value or benefits of distributed energy resources to the
reliability of the electric grid in the state. The authority shall assess
whether to incorporate time -varying rates or other dynamic pricing
methods. In addition to a tariff rate applicable to any residential
customer, the authority shall authorize a separate tariff rate for (1) low-
income customers and residential customers in a multifamily
development as described in subparagraph (A) or (B) of subdivision (8)
of subsection (a) of this section, and (2) residential customers that reside
in a distressed municipality, as defined in section 32 -9p of the general
statutes.
(d) (1) On and after January 1, 2028, in compliance with the program
established under this section, each electric distribution company shall
offer tariffs with terms not to exceed twenty years, to any residential
customer for the purchase of energy produc ts and renewable energy
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certificates generated from a distributed energy resource that (A) emits
no pollutants, (B) is located on a customer's premises, and (C) has a
nameplate capacity rating of twenty -five kilowatts or less per dwelling
unit located on such premises.
(2) Tariffs offered pursuant to this section shall be: (A) For the
purchase of any energy at the rate established by the authority pursuant
to subsection (c) of this section, and any renewable energy certificates
generated by such energy resource, on a cen ts-per-kilowatt-hour basis,
and (B) for the purchase of any energy produced and not consumed in
a period of time established by the authority, and any renewable energy
certificates generated by such renewable energy resource, on a cents -
per-kilowatt-hour b asis. A residential customer may not select more
than one tariff offered pursuant to this section for the same premises.
(3) Any tariff offered pursuant to this section shall be subject to tariff
terms, conditions or other stipulations adopted by the authority,
including, but not limited to, stipulations regarding the capacity rights
of the distributed energy resource.
(e) To be eligible for program participation, a distributed energy
resource shall be sized to not exceed the annual load at the customer's
individual electric meter or, in the case of a multifamily development
described in subparagraph (A) or (B) of subdivision (8) of subsection (a)
of this section, the annual load of the premises, from the electric
distribution company providing service to such customer, pursuant to
any rules established by the authority and as determined by such
electric distribution company. For purposes of this section, in the case of
a multifamily development consisting of five or more dwelling units, a
distributed energy resource shall only qualify for participation in the
program if each dwelling unit receives an appropriate share of the
benefits from such energy resource and no greater than an appropriate
share of the benefits from such energy resource is used to offset any
energy usage attributable to a common area in such development. The
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Public Utilities Regulatory Authority shall initiate an uncontested
proceeding to implement any distribution of the benefits from the
distributed energy resource necessary pursuant to subsection (d) of this
section or this subsection.
(f) The costs prudently and reasonably incurred by an electric
distribution company pursuant to this section shall be recovered on a
timely basis through a nonbypassable fully reconciling component of
electric rates for all customers of the electric distribution company. Any
net revenues from the sale of products purchased in accordance with
any tariff offered pursuant to this section shall be credited to customers
through the same fully reconciling rate component for all customers of
such electric distribution company.
(g) For any tariff established pursuant to this section, the authority
shall examine and, at the authority's discretion, incorporate the
following into the rate established for any such tariff: (1) Incentives for
energy storage systems that provide electri c distribution benefits,
provided any such incentives take into account incentives received
under section 16-243ee of the general statutes, as amended by this act,
or other ratepayer -funded programs to ensure the incentives received
by participants in the aggregate provide benefits to all ratepayers, (2)
incentives concerning the location of a distributed energy source on the
electric distribution system in a manner that improves the reliability of
such system, and (3) other energy policy benefits identifie d in the
Integrated Resources Plan developed pursuant to section 16a -3a of the
general statutes and the Comprehensive Energy Strategy prepared
pursuant to section 16a -3d of the general statutes and to further the
system efficiency and utilization goal esta blished pursuant to section
16a-3v of the general statutes. Any such incentives or benefits may be
adjusted by the authority if such adjustment would enhance electric grid
reliability or benefit ratepayers, as determined by the authority.
(h) For tariff years commencing on and after January 1, 2028, the
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target for the total aggregate procurement of energy products by electric
distribution companies pursuant to this section shall be set by the
authority pursuant to the provisions of section 4 of this act.
(i) The electric distribution companies shall continue to offer any
tariffs developed pursuant to this section until December 31, 2035. The
authority (1) shall establish tariffs for the purchase of energy on a cents-
per-kilowatt-hour basis for such energy, and (2) may establish a
monthly charge, effective upon the expiration of the term of any tariff
authorized pursuant to this section.
Sec. 2. (NEW) (Effective July 1, 2026) (a) On or before August 1, 2026,
the authority shall initiate a proceeding to establish a successor program
to the Non -residential Renewable Energy Solutions Program
established pursuant to section 16 -244z of the general statutes, as
amended by this act. In establishing such successor program, the
authority shall establish (1) a procurement plan for the electric
distribution companies and resulting tariffs for selected projects
pursuant to subsection (b) of this section, (2) a price cap on a cents-per-
kilowatt-hour basis concerning any distributed energy resource selected
pursuant to this section, and (3) tariff terms and conditions consistent
with the requirements of this section. Any such tariff shall be for a term
not to exceed twenty years. The rate for such tariffs shall be established
by the solicitation pursuant to subsection (b) of this section. In such
proceeding, the authority shall consider the findings of the study of the
value of distributed energy resources conducted pursuant to section
16a-3o of the general statutes, the recommendations of the Integrated
Resources Plan developed pursuant to section 16a -3a of the general
statutes and the Comprehensive Energy Strategy developed pursuant
to section 16a -3d of t he general statutes, the system efficiency and
utilization goal established pursuant to section 16a -3v of the general
statutes and the impact of Class I renewable energy sources on the
state's goals to reduce greenhouse gas emissions pursuant to section
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22a-200a of the general statutes. The authority shall issue a final order
in such proceeding on or before December 1, 2027.
(b) (1) On and after January 1, 2028, not less than annually, each
electric distribution company shall jointly or individually solicit and file
with the Public Utilities Regulatory Authority for its approval one or
more projects selected resulting from any procurement issued pursuant
to this section that are consistent with the tariffs approved by the
authority pursuant to subsection (a) of this section. For any such selected
project that is a distributed energy resource that emits no pollutants that
(A) is located on a customer's premises, (B) is not more than five
megawatts in size, and (C) serves the distribution system of an electric
distribution company, each electric distribution company shall offer a
tariff (i) for the purchase of all energy and renewable energy certificates
generated at a rate consistent with the procurement plan approved by
the authority, and (ii) for the purchase of any energy produced and not
consumed in a period of time established by the authority, and any
renewable energy certif icates generated by such renewable energy
resource, on a cents-per-kilowatt-hour basis, subject to any tariff terms,
conditions or other stipulations of the authority, including, but not
limited to, the capacity rights of such source.
(2) Except for a distributed energy resource owned by a state,
municipal or agricultural customer, to be eligible for program
participation, a distributed energy resource shall be sized to not exceed
the annual load at the customer's individual electric me ter or a set of
electric meters, when such meters are combined for billing purposes, as
determined by the authority, provided the entire rooftop space of a
customer's premises or owned by a commercial or industrial customer
may be used for purposes of elec tricity generation and participation in
the solicitation conducted by each electric distribution company
pursuant to this section. For any state, municipal or agricultural
customer, the distributed energy resource shall be sized to not exceed
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the annual load at such customer's individual electric meter or a set of
electric meters at the same customer's premises, when such meters are
combined for billing purposes, and the load of up to five state,
municipal or agricultural beneficial accounts, a s defined in section 16 -
244u of the general statutes, identified by such state, municipal or
agricultural customer, and such state, municipal or agricultural
customer may include the load of up to five additional nonstate or
municipal beneficial accounts, as defined in section 16 -244u of the
general statutes, when sizing such energy resource, provided such
accounts are critical facilities, as defined in subdivision (2) of subsection
(a) of section 16 -243y of the general statutes, and are connected to a
microgrid.
(c) Notwithstanding the provisions of subsection (d) of this section,
state, municipal and agricultural customers shall be exempt from the
requirement that generation projects, including colocated energy
storage facilities connected with such projects, be located on a
customer's premises.
(d) For any tariff established pursuant to this section, the authority
shall examine, and incorporate, at the authority's discretion, the
following into the rate established for any such tariff: (1) Incentives for
energy storage systems that provide electr ic distribution benefits,
provided any such incentives take into account incentives received
under section 16-243ee of the general statutes, as amended by this act,
or other ratepayer -funded programs to ensure the incentives received
by participants in the aggregate provide benefits to all ratepayers, (2)
incentives concerning the location of a distributed energy source on the
electric distribution system in a manner that improves the reliability of
such system, (3) preference for the development of distrib uted energy
projects in distressed municipalities, as defined in section 32 -9p of the
general statutes, and on properties designated as brownfields, as
defined in section 32 -760 of the general statutes, (4) incentives for the
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development of solar canopy projects, and (5) other energy policy
benefits identified in the Comprehensive Energy Strategy prepared
pursuant to section 16a -3d of the general statutes and the Integrated
Resources Plan prepared pursuant to section 16a -3a of the general
statutes and policies in furtherance of the system efficiency and
utilization goal established pursuant to section 16a -3v of the general
statutes. Any such incentives, preferences or benefits may be adjusted
by the authority if such adjustment would enhance electric grid
reliability or benefit ratepayers, as determined by the authority. The
authority shall set the price cap based on the electric system benefits
received by all ratepayers from the distributed energy resource,
equitable distributi on of participant benefits, the Comprehensive
Energy Strategy adopted pursuant to section 16a -3d of the general
statutes, the Integrated Resources Plan developed pursuant to section
16a-3a of the general statutes and the system efficiency and utilization
goal established pursuant to section 16a-3v of the general statutes.
(e) The authority shall follow the procedures established pursuant to
subsection (g) of section 16 -245a of the general statutes for certificates
issued by the New England Power Pool Generation Information System
for any Class I renewable energy source purc hased by an electric
distribution company pursuant to this section.
(f) The costs prudently and reasonably incurred by an electric
distribution company pursuant to this section shall be recovered on a
timely basis through a nonbypassable fully reconciling component of
electric rates for all customers of the electric distribution company. Any
net revenues from the sale of products purchased in accordance with
any tariff offered pursuant to this section shall be credited to customers
through the same fully reconciling rate component for all customers of
such electric distribution company.
(g) For tariff years commencing on and after January 1, 2028, the
target for the total aggregate procurement of energy products by electric
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distribution companies pursuant to this section shall be set by the
authority pursuant to the provisions of section 4 of this act.
(h) The electric distribution companies shall continue to offer any
tariffs developed pursuant to this section until December 31, 2035. The
authority (1) shall establish tariffs for the purchase of energy on a cents-
per-kilowatt-hour basis at the same rate as the wholesale rate for energy,
and (2) may establish a monthly charge, effective upon the expiration of
the term of any tariff authorized pursuant to this section.
Sec. 3. (NEW) (Effective July 1, 2026) (a) On or before August 1, 2026,
the authority shall initiate a proceeding to establish the Community
Solar Program, which shall be the successor to the shared clean energy
facility program established pursuant to section 16 -244z of the general
statutes, as amended by this act. In establishing such successor program,
the authority shall establish (1) a procurement plan for the electric
distribution companies and resulting tariffs for selected projects
pursuant to subsection (c) of this section, (2) a price cap on a cents -per-
kilowatt-hour basis concerning any shared clean energy facility selected
pursuant to this section, and (3) tariff terms and conditions consistent
with the requirements of this section. Any such tariff shall be for a term
not to exceed twenty years. The rate for such tariffs shall be established
by the solicitation pursuant to subsection (c) of this section. The
authority shall issue a final order in such proceeding on or before
December 1, 2027.
(b) The Community Solar Program requirements shall include, but
need not be limited to, the following:
(1) The authority shall allow cost -effective shared clean energy
facility projects of various nameplate capacities, and may allow for the
construction of multiple such projects in the service area of each electric
distribution company that operates within the state.
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(2) The authority shall determine the billing credit for any subscriber
of a shared clean energy facility that may be issued through the electric
distribution companies' monthly billing systems and establish
consumer protections for subscribers and potenti al subscribers of such
a facility, including, but not limited to, disclosures to be made when
selling or reselling a subscription.
(3) Such program shall utilize one or more tariff mechanisms with the
electric distribution companies for a term not to exceed twenty years,
subject to approval by the authority, to pay for the purchase of any
energy products and renewable energy certifica tes produced by any
eligible shared clean energy facility, or to deliver any billing credit of
any such facility.
(4) The authority shall limit subscribers of a shared clean energy
facility to low -income customers, and may give priority in program
participation to any low -income customer who has an arrearage with
such customer's electric distribution company. The authority may create
incentives or other financing mechanisms to encourage participation by
low-income customers.
(5) The authority shall require that each electric distribution company
submit a plan for the authority's approval concerning the enrollment of
subscribers to any shared clean energy facility in tariffs offered by the
electric distribution company. Such pl ans may include provisions for
automatically enrolling certain customers and opt -out provisions for
any such customers.
(c) On and after January 1, 2028, not less than annually, each electric
distribution company shall jointly or individually solicit and file with
the Public Utilities Regulatory Authority for its approval one or more
projects selected resulting from any pro curement issued pursuant to
this section that are consistent with the tariffs approved by the authority
pursuant to subsections (a) and (b) of this section. For any such selected
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project, the electric distribution company shall offer a tariff for
subscribers of a shared clean energy facility consistent with the program
requirements adopted by the authority. In establishing a price cap for
tariffs pursuant to this section, the authority shall set the price cap based
on the electric system benefits received by all ratepayers from the Class
I renewable energy source, equitable distribution of participant benefits,
the Comprehensive Energy Strategy adopted pursuant to section 16a-3d
of the general statutes, the Integrated Resources Plan developed
pursuant to section 16a -3a of the general statutes and the system
efficiency and utilization goal established pursuant to section 16a -3v of
the general statutes.
(d) For any tariff established pursuant to this section, the authority
shall examine, and incorporate, at the authority's discretion, the
following into the rate established for any such tariff: (1) Incentives for
energy storage systems that provide electr ic distribution benefits,
provided any such incentives take into account incentives received
under section 16-243ee of the general statutes, as amended by this act,
or other ratepayer -funded programs to ensure the incentives received
by participants in the aggregate provide benefits to all ratepayers, (2)
incentives concerning the location of a distributed energy source on the
electric distribution system in a manner that improves the reliability of
such system, (3) preference for the development of distrib uted energy
projects in distressed municipalities, as defined in section 32 -9p of the
general statutes, and on properties designated as brownfields, as
defined in section 32 -760 of the general statutes, (4) incentives for the
development of solar canopy pr ojects, and (5) other energy policy
benefits identified in the Integrated Resources Plan developed pursuant
to section 16a-3a of the general statutes and the Comprehensive Energy
Strategy prepared pursuant to section 16a-3d of the general statutes and
to f urther the system efficiency and utilization goal established
pursuant to section 16a-3v of the general statutes. Any such incentives,
preferences or benefits may be adjusted by the authority if such
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adjustment would enhance electric grid reliability or benefit ratepayers,
as determined by the authority.
(e) The costs prudently and reasonably incurred by an electric
distribution company pursuant to this section shall be recovered on a
timely basis through a nonbypassable fully reconciling component of
electric rates for all customers of the electric distribution company. Any
net revenues from the sale of products purchased in accordance with
any tariff offered pursuant to this section shall be credited to customers
through the same fully reconciling rate component for all customers of
such electric distribution company.
(f) For tariff years commencing on and after January 1, 2028, the target
for the total aggregate procurement of energy products by electric
distribution companies pursuant to this section shall be set by the
authority pursuant to the provisions of section 4 of this act.
(g) The electric distribution companies shall continue to offer any
tariffs developed pursuant to this section until December 31, 2035. The
authority shall establish tariffs for the purchase of energy on a cents-per-
kilowatt-hour basis at the same rate as the wholesale rate for energy at
the expiration of any tariff terms authorized pursuant to this section.
The authority may allow subscriptions to continue beyond the tariff
term established by the authority.
Sec. 4. (NEW) ( Effective July 1, 2026 ) (a) For tariff years commencing
on and after January 1, 2028, the target for the total aggregate
procurement of energy products by electric distribution companies shall
be (1) one hundred eighty megawatts per year for programs established
pursuant to sections 1 to 3, inclusive, of this act, and (2) an aggregated
total of eighty -five million dollars per year for programs established
pursuant to sections 1 to 3, inclusive, of this act and section 16 -243ee of
the general statutes, as amended by this act, accounting for the
compensation for energy, renewable energy certificates, energy
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products or any combination thereof received by a participant. If the
target goals specified in subdivisions (1) and (2) of this subsection
cannot be reconciled in any given year, the budgetary goal specified in
said subdivision (2) shall be given preceden ce by the authority. The
authority shall, within the budgetary and megawatt targets established
pursuant to this subsection, adopt an allocation methodology that
promotes the goal of reaching five hundred eighty megawatts of energy
storage deployed in the state pursuant to the provisions of section 16 -
243ee of the general statutes, as amended by this act, not later than
December 31, 2031. Notwithstanding the provisions of this section, if the
authority determines incentives associated with a solar photovolt aic
system used in combination with an energy storage system provides
benefits to all ratepayers in the state, as determined by a ratepayer
impact measurement test developed by the authority, any such solar
photovoltaic system used in combination with an e nergy storage
system, where both such systems are located on a residential customer's
premises, shall not be counted by the authority toward the megawatt
procurement or budgetary targets set forth in this subsection.
(b) On or before January 1, 2028, the authority shall establish an initial
allocation of megawatts procured and budget expenditure on an annual
basis for the programs established pursuant to section 16 -243ee of the
general statutes, as amended by this act, and sections 1 to 3, inclusive,
of this act in a manner that achieves the greatest benefits for all
ratepayers, furthers the system efficiency and utilization goal
established pursuant to section 16a -3v of the general statutes and
provides for an equitabl e distribution, as determined by the authority,
of benefits to program participants. The authority may adjust the
allocation of incentives, as needed, to achieve the goals of this section.
(c) If the actual budget expenditure for the programs established
pursuant to section 16-243ee of the general statutes, as amended by this
act, and sections 1 to 3, inclusive, of this act deviates from the target set
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forth in subsection (a) of this section, the authority may, in the
authority's discretion, revise the budget target for the following year by
not more than five per cent of such target.
(d) On or before January 1, 2029, and annually thereafter through
January 1, 2035, the authority shall review the performance of each
program established pursuant to sections 1 to 3, inclusive, of this act and
section 16 -243ee of the general statutes, as a mended by this act, and
determine the annual allocation of such target procurements applicable
to each such program in accordance with the provisions of subsection
(a) of this section. The authority shall adopt a notice procedure
concerning any adjustments in allocations or incentives under such
programs that is designed to minimize potential disruption in program
enrollment.
(e) On and after January 1, 2028, the authority shall direct the electric
distribution companies to report to the authority, in a form, frequency
and manner prescribed by the authority, any procurement during the
reporting period established by the authority.
(f) On and after January 1, 2028, not less than quarterly, for the
purpose of assessing progress toward the annual procurement target set
forth in subdivision (1) of subsection (a) of this section, the authority
shall publish on the authority's Internet we b site the total amount of
megawatts procured pursuant to each program established pursuant to
sections 1 to 3, inclusive, of this act in the previous quarter.
(g) The authority shall develop and implement a methodology for
monitoring the utilization and effectiveness of any procurements
authorized pursuant to sections 1 to 3, inclusive, of this act and section
16-243ee of the general statutes, as amended by this act.
(h) On or before January 1, 2029, and annually thereafter until
January 1, 2036, the authority shall submit a report, in accordance with
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the provisions of section 11 -4a of the general statutes, concerning the
authority's analysis of program effectiveness and any recommendations
to the joint standing committee of the General Assembly having
cognizance of matters relating to energy. Such repo rt shall include, but
need not be limited to, an analysis of: (1) The number of megawatts and
individual projects participating in each program under the budget
target established in subsection (a) of this section within each territory
of each electric distribution company; (2) the total annual budget spend,
accounting for the entire incentive for energy, renewable energy
certificates, energy products or any combination thereof received by the
participant, including the credit received by shared clean energy facility
associated subscribers pursuant to section 3 of this act; (3) the ratepayer
impact of these programs on nonparticipants; (4) whether the programs
authorized pursuant to sections 1 to 3, inclusive, of this act and section
16-243ee of the general statutes, as amended by this act, (A) remained
within the budget target established in subsection (a) of this section, and
(B) advanced the energy storage megawatt deployment goal established
in said subsection (a), and, if not, any recommended legislative changes
to maintain cost certainty for such programs; and (5) whether and how
the projects participating in each program further the system efficiency
and utilization goal established pursuant to section 16a-3v of the general
statutes.
Sec. 5. Subsection (c) of section 16-244z of the 2026 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2026):
(c) (1) (A) Except as provided in subparagraph (B) of this subdivision,
for procurement and tariff years commencing on and after January 1,
2025, the total megawatts available to customers eligible under
subparagraph (A) of subdivision (2) of subsection (a) of this section shall
not exceed one hundred megawatts per year and the total megawatts
available to customers eligible under subparagraph (B) of subdivision
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(2) of subsection (a) of this section shall not exceed fifty megawatts per
year. The authority shall monitor the competitiveness of any
procurements authorized pursuant to subsection (a) of this section and
may adjust the annual purchase amount established in this subsection
or other procurement parameters to maintain competitiveness. Any
megawatts not allocated in any given year shall roll into the next year's
available megawatts. The obligation to purchase energy and renewable
energy certificates shall be apportioned as determined by the authority.
(B) For procurement and tariff years commencing on and after
January 1, 2025, the authority may exceed the limits on total available
megawatts described in subparagraph (A) of this subdivision for any
procurement and tariff program authorized pursuant to subsection (a)
of this section in any such year, if, during the period commencing on
January first and ending on the date that the last project is selected
pursuant to the usual procurement process for such program, as
determined by the authority, the aggregate dollar amount of
procurements of energy and renewable energy credits over the tariff
term for all selected projects does not exceed the aggregate dolla r
amount of procurements of energy and renewable energy credits over
the tariff term for all projects selected in such program during the
calendar year 2024. The authority shall determine the manner of
exceeding such limits.
(C) [(i)] The electric distribution companies shall continue to offer any
tariffs developed pursuant to [subparagraph (B) of ] subdivision (1) of
subsection (a) of this section [for six years, inclusive of previous years of
such procurement and tariff program. The sixth and final year of such
procurement and tariff program shall be the calendar year 2027 ] until
December 31, 2028, or until the authority has issued an order to the
electric distribution companies to offer tariffs pursuant to a successor
program approved by the authority, whichever is sooner.
[(ii) The electric distribution companies shall continue to offer any
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tariffs developed pursuant to subparagraph (C) of subdivision (1) of
subsection (a) of this section for eight years, inclusive of previous years
of such procurement and tariff program. The eighth and final year of
such procurement and tariff program shall be the calendar year 2027.]
(D) The electric distribution companies shall offer any tariffs
developed pursuant to subsection (b) of this section [for six years] until
December 31, 2028, or until the authority has issued an order to the
electric distribution companies to offer tariffs pursuant to a successor
program approved by the authority, whichever is sooner. At the end of
the tariff term pursuant to subparagraph (B) of subdivision (2) of
subsection (b) of this section, residential customers that elected the
option pursuant to said subparagraph shall be credited all cents -per-
kilowatt-hour charges pursuant to the tariff rate for such customer for
energy produced by the Class I renewable energy source against any
energy that is consumed in real time by such residential customer.
(E) The authority (i) shall establish tariffs for the purchase of energy
on a cents -per-kilowatt-hour basis , and (ii) may establish a monthly
charge, effective at the expiration of the term of any tariff [terms]
authorized pursuant to this section.
(2) The department, in consultation with the authority, shall assess
the tariff offerings pursuant to this section and determine if such
offerings are competitive compared to the cost of the technologies and
shall report, in accordance with section 11 -4a, the results of such
determination to the General Assembly not later than January 15, 2027.
(3) For any tariff established pursuant to this section, the authority
shall examine how to incorporate the following energy system benefits
into the rate established for any such tariff: (A) Energy storage systems
that provide electric distribution benefits, (B) location of a facility on the
distribution system, (C) time-of-use rates or other dynamic pricing, and
(D) other energy policy benefits identified in the Comprehensive Energy
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Strategy prepared pursuant to section 16a-3d.
Sec. 6. Subsection (a) of section 16 -243ee of the 2026 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2026):
(a) On or before January 1, 2022, the Public Utilities Regulatory
Authority shall initiate a proceeding to develop and implement one or
more programs, and associated funding mechanisms, for electric energy
storage resources connected to the electric distri bution system. The
authority shall establish (1) one or more programs for the residential
class of electric customers, and (2) one or more programs for commercial
and industrial classes of electric customers. The authority shall solicit
input from the Depa rtment of Energy and Environmental Protection,
the Connecticut Green Bank, the electric distribution companies and the
Office of Consumer Counsel in developing such programs. Any
program established by the authority pursuant to this section shall
terminate on December 31, 2035.
Sec. 7. ( Effective July 1, 2026 ) (a) The Connecticut Green Bank shall,
within available resources, establish and administer a pilot incentive
program for residential solar customers who have participated in any
program established pursuant to the provisions of section 16-245ff of the
general statutes or section 16 -244z of the general statutes, as amended
by this act, for the purpose of promoting the deployment of energy
storage systems, as defined in section 16 -1 of the general statutes, in
residential use. The total expenditures under t he pilot incentive
program established pursuant to this section shall not exceed two
million dollars. The program shall be designed to (1) increase the
understanding of electric system benefits received by all ratepayers in
the state from such programs, (2 ) offset costs to ratepayers associated
with the provision of credits for any electricity generated from a Class I
renewable energy source pursuant to section 16 -243h of the general
statutes by encouraging the storage of such electricity behind a
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customer's meter for use by such customer, (3) provide for the
installation of such energy storage systems at no cost to a program
participant, and (4) give preference in program participation to any
household located in an environmental justice community, as defined
in section 22a -20 of the general statutes. The Connecticut Green Bank
may enter into an agreement with any contractor licensed in the state to
install such energy storage systems pursuant to program guidelines
adopted by the Connecticut Green Bank.
(b) On or before February 1, 2028, the Connecticut Green Bank shall
submit a report, in accordance with the provisions of section 11-4a of the
general statutes, to the joint standing committees of the General
Assembly having cognizance of matters relating to energy and the
environment, analyzing the impact of the program and recommending
whether to establish a permanent program in the state and, if so, any
legislation necessary to implement such program. The pilot program
shall terminate on February 1, 2028, or upon the submission of the report
required pursuant to this subsection, whichever is sooner.
Sec. 8. (Effective October 1, 2026) (a) Upon the termination of the pilot
program set forth in section 7 of this act, a working group shall be
convened to examine the results of the pilot program, including an
analysis of the benefits of the pilot program to all ratepayers in the state,
and make recommendations concerning a successor program to the
energy storage program established pursuant to section 16-243ee of the
general statutes, as amended by this act.
(b) The working group shall consist of the following members:
(1) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to energy and
technology;
(2) The Commissioner of Energy and Environmental Protection, or
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the commissioner's designee;
(3) The Consumer Counsel, or the Consumer Counsel's designee;
(4) The chairperson of the Public Utilities Regulatory Authority, or
the chairperson's designee;
(5) The chief executive officer of the Connecticut Green Bank, or the
chief executive officer's designee; and
(6) Any individuals the chairpersons deem relevant and necessary to
carry out the duties of the working group.
(c) The chairpersons of the working group shall be the chairpersons
of the joint standing committee of the General Assembly having
cognizance of matters relating to energy and technology. Such
chairpersons shall schedule the first meeting of the working gr oup,
which shall be held not later than sixty days after the termination of the
pilot program established pursuant to section 7 of this act.
(d) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to energy and
technology shall serve as the administrative staff of the working group.
(e) Not later than one year after the working group is convened, the
working group shall submit a report on its findings and
recommendations to the joint standing committee of the General
Assembly having cognizance of matters relating to energy and
technology, in accordance with the provisions of section 11 -4a of the
general statutes. The working group shall terminate on the date that it
submits such report or one year after the working group is convened,
whichever is later.
Sec. 9. (NEW) ( Effective October 1, 2026 ) (a) As used in this section,
"portable solar generation device" means a solar photovoltaic
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generation device that (1) is not permanently affixed to a structure, (2)
has a maximum power output of not more than one thousand two
hundred watts, (3) is designed to be connected to a building's electrical
system through a standard one hundred twenty volt alternating current
outlet located behind a customer's electric meter, (4) is intended
primarily to offset part of the customer's electricity consumption, (5)
meets the requirements of the State Building Code, (6) meets the
requirements of the National Electric Code (NFPA-70) and the Institute
of Electrical and Electronics Engineers (IEEE 1547), (7) is certified by
Underwriters Laboratories or an equivalent nationally recognized
testing laboratory, and meets the requirements set forth in Underwriters
Laboratories Standard Number 1741, as amended from time to time, (8)
includes a device or feature that prevents the system from energizing
the building's electrical system during a power outage, and (9) includes
a warning for consumers stating that any generation from such unit that
exceeds the consumption of electricity at the customer's location will
result in such excess generation being charged to the customer as usage
unless such customer utilizes an electric meter that allows for net
metering.
(b) A portable solar generation device that meets the requirements of
this section shall be exempt from any requirement concerning
interconnection agreements imposed by any regulation adopted by the
Public Utilities Regulatory Authority or any decision of the authority,
provided not more than one such device may be used behind a
customer's electric meter. Nothing in this section shall be construed to
exempt any portable solar generation device from any applicable
provision of the State Building Code, the Fire Safety Code, the State Fire
Prevention Code or any provision of any local ordinance or regulation
applicable to such devices.
(c) No electric distribution company shall (1) require a customer
using a portable solar generation device to obtain the company's
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approval before installing or using the system, pay any fee or charge
related to the system, except any charges the system incurs through its
use, or install any additional controls or equipment beyond what is
integrated into the system, provided not more than one such device may
be used behind a customer's electric meter, or (2) be liable for any
damage or injury caused by a portable solar generation device.
Sec. 10. (NEW) (Effective October 1, 2026) The State Building Inspector
and the Codes and Standards Committee shall, jointly, with the
approval of the Commissioner of Administrative Services, in
accordance with the provisions of section 29-252b of the general statutes,
consider in the amendments to the State Building Code next adopted
after the effective date of this section, and the State Fire Marshal and the
Codes and Standards Committee shall, in accordance with section 29 -
292a of the general statutes, consider in the amendments to the State Fire
Safety Code next adopted after the effective date of this section,
provisions that ensure the safe installation of portable solar generation
devices, as defined in subsection (a) of section 9 of this act.
Sec. 11. (NEW) (Effective October 1, 2026) The Commissioner of Energy
and Environmental Protection shall, in consultation with the
Commissioner of Agriculture, conduct a study of the feasibility of
implementing an incentive program for agrivoltaics projects in the state.
Such study shall consider the potential benefits and consequences of
locating a solar photovoltaic energy generating system on land that is
also used for agricultural purposes. Such study shall include, but need
not be limited to, recommendations concerning: (1) Nameplate capacity
restrictions for solar photovoltaic energy generating systems, (2) a
requirement that program participation be limited to land in productive
agricultural use prior to program participation, (3) the configuration of
such systems to preserve agricultural operations, (4) the allowable
percentage of a parcel that may be utilized for solar photovoltaic
equipment in lieu of an agricultural use, (5) the preservation of core
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forest land, as defined in section 16a -3k of the general statutes, (6) a
permitting process for such projects, and (7) incentives for such projects.
Not later than January 1, 2027, the commissioner shall submit a report,
in accordance with the provisions of section 11-4a of the general statutes,
that contains such recommendations to the joint standing committee of
the General Assembly having cognizance of matters relating to energy
and technology and the environment.
Sec. 12. (NEW) (Effective October 1, 2026) (a) As used in this section:
(1) "Major incident" means any event at a facility described in
subdivision (3) of subsection (a) of section 16-50i of the general statutes,
as amended by this act, that (A) requires an emergency shutoff of
electricity flowing to or from such facility due to a hazardous condition
at such facility, (B) requires any local emergency services personnel to
respond to the site of such facility, or (C) causes injury requiring
hospitalization to any person; and
(2) "Minor incident" means any unanticipated or unplanned
shutdown of a facility described in subdivision (3) of subsection (a) of
section 16-50i of the general statutes, as amended by this act, that does
not require any local emergency services personnel to respond to the
site of such facility. "Minor incident" does not include the shutdown of
such facility in connection with a preventative safety measure or
scheduled or routine maintenance.
(b) Except as provided in subsection (c) of this section, any person
who receives a certificate from the Connecticut Siting Council to operate
a facility described in subdivision (3) of subsection (a) of section 16 -50i
of the general statutes, as amended b y this act, shall report any major
incident or minor incident at such facility in a form and manner
prescribed by the council. Any major incident shall be reported not later
than five days after the occurrence of such incident, and any minor
incident shall be reported not later than thirty days after the occurrence
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of such incident.
(c) The provisions of this section shall not apply to any facility
described in subdivision (3) of subsection (a) of section 16 -50i of the
general statutes, as amended by this act, if such facility is a generating
source permitted under Title V of the fede ral Clean Air Act
Amendments of 1990 or section 22a -174-33a or 22a -174-33b of the
regulations of Connecticut state agencies.
(d) Commencing on July 1, 2028, and annually thereafter, the
Connecticut Siting Council shall submit a report, in accordance with the
provisions of section 11-4a of the general statutes, detailing any reports
the council has received pursuant to this secti on in the preceding year
to the joint standing committee of the General Assembly having
cognizance of matters relating to energy and technology.
Sec. 13. Section 16-50l of the 2026 supplement to the general statutes
is amended by adding subsections (i) and (j) as follows (Effective October
1, 2026):
(NEW) (i) In addition to the requirements of this section, the council
may, in the council's discretion, require that, as a condition of approval
for any facility described in subdivision (3) of subsection (a) of section
16-50i, as amended by this act, the applicant provide emergency services
training specific to the proposed facility, at the applicant's sole expense,
to firefighters or other emergency services personnel in any
municipality in which such facility shall be located. If the council
imposes such a condition pursuant to this subsection, the applicant shall
provide notice of the availability of such training to the chief executive
officer and fire marshal of any municipality in which such facility shall
be located, as ordered by the council. The c hief executive officer or fire
marshal shall respond in writing to such notice not later than sixty days
after the receipt of such notice and indicate whether firefighters or other
emergency services personnel in the municipality request such training.
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If such training is so requested, the applicant will arrange for such
training to be provided not later than sixty days after such request.
(NEW) (j) (1) For the purposes of this subsection, "emergency contact
person" means a person, including an entity or an organization,
designated by an applicant or certificate holder pursuant to this section,
who has authority to act on behalf of the appli cant or certificate holder
in the event of an emergency at a facility described in subdivision (3) of
subsection (a) of section 16 -50i, as amended by this act . As a condition
of approval under this section, an applicant shall (A) designate an
emergency con tact person for such facility, (B) provide the contact
information for such emergency contact person to the council and both
the chief executive officer and the local fire official of any municipality
in which such facility is located, and (C) post a sign at each entrance to
such facility displaying the contact information for such emergency
contact person.
(2) Not later than January 1, 2027, any certificate holder that owns or
operates a facility described in subdivision (3) of subsection (a) of
section 16-50i, as amended by this act, shall (A) designate an emergency
contact person, (B) provide the contact information for such emergency
contact person, in writing, to the council and both the chief executive
officer and the local fire official of any municipality in which such
facility is located, and (C) post a sign at each entrance to the facility
displaying the contact information for such emergency contact person.
(3) If the person, entity or organization designated as the emergency
contact person pursuant to this subsection has changed, or the contact
information for such emergency contact person has changed, the
applicant or certificate holder shall, not later than thirty days after such
change, (A) provide written notice of such change to the council and
both the chief executive officer and the local fire official of any
municipality in which such facility is located, and (B) update each sign
at the facility displ aying the contact information for the emergency
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contact person.
(4) Any person designated as an emergency contact person pursuant
to this subsection shall be available to respond, whether at the facility,
by telephonic means or by other electronic equipment, as defined in
section 1-200 of the general statutes, to any emergency at such facility
not later than one hour after the occurrence of such emergency. If an
emergency contact person fails to timely respond in the event of an
emergency at such facility, any firefighter or other emergency services
personnel who attempted to contact the emergency contact person shall
file a written report with the council detailing such lack of response.
Sec. 14. (NEW) (Effective October 1, 2026) (a) Not later than November
1, 2026, the chairperson of the Public Utilities Regulatory Authority, in
consultation with the Commissioner of Energy and Environmental
Protection and the Connecticut Siting Council, shall convene a working
group within the Public Utilities Regulatory Authority for the purpose
of reviewing and assessing any processes concerning the resumption of
electric generation services after a shutoff of such services at any facility
described in s ubdivision (3) of subsection (a) of section 16 -50i of the
general statutes, as amended by this act, that exceeds five days. Such
review and assessment shall consider (1) any existing statutory,
regulatory or contractual processes governing the resumption of electric
generation services following an extended shutoff; (2) the adequacy of
coordination among electric generation facility owners or operators,
electric distribution companies, regional transmission organizations
and state agencies; (3) potential ri sks to public safety or electric grid
reliability associated with extended shutoffs and subsequent
resumption of service; and (4) any recommendations for statutory,
regulatory or procedural changes to improve transparency,
coordination and safety upon the resumption of such services.
(b) The working group shall include:
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(1) The chairperson of the Public Utilities Regulatory Authority, or
the chairperson's designee;
(2) The chairperson of the Connecticut Siting Council, or the
chairperson's designee;
(3) The Commissioner of Energy and Environmental Protection, or
the commissioner's designee;
(4) The Consumer Counsel, or the counsel's designee;
(5) A local fire marshal from a municipality in which two or more
facilities described in subdivision (3) of subsection (a) of section 16 -50i
of the general statutes, as amended by this act, are sited;
(6) One or more representatives from an electric distribution
company, as defined in section 16-1 of the general statutes;
(7) One or more owners or operators of an electric generation facility
described in subdivision (3) of subsection (a) of section 16 -50i of the
general statutes, as amended by this act;
(8) A person employed by an institution of higher education in the
state, who has expertise in electrical engineering or any field related to
the generation, transmission or distribution of electricity; and
(9) Any other interested party the chairperson deems appropriate.
(c) Not later than February 1, 2027, the chairperson of the Public
Utilities Regulatory Authority shall, in accordance with the provisions
of section 11-4a of the general statutes, submit a report on the efforts of
such working group and any recommendation s to the joint standing
committees of the General Assembly having cognizance of matters
relating to energy and technology and public safety.
Sec. 15. (NEW) (Effective July 1, 2026) (a) As used in this section:
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(1) "Commissioner" means the Commissioner of Administrative
Services;
(2) "Residential energy storage system" means any commercially
available technology that is (A) used to meet the electrical demand for
the residential property on which such system is installed, and (B)
capable of absorbing energy, storing such energy for a period of time
and thereafter dispatching the energy, and that is further capable of: (i)
Using mechanical, chemical or thermal processes to store electricity that
is generated at one time for use at a later time; (ii) storing thermal energy
for direct u se for heating or cooling at a later time in a manner that
avoids the need to use electricity at a later time; (iii) using mechanical,
chemical or thermal processes to store electricity generated from
renewable energy sources for use at a later time; or (i v) using
mechanical, chemical or thermal processes to capture or harness waste
electricity and to store such electricity generated from mechanical
processes for delivery at a later time;
(3) "Municipality" means any town, city, borough, consolidated town
and city or consolidated town and borough;
(4) "Residential solar photovoltaic system" means equipment and
devices that (A) have the primary purpose of collecting solar energy and
generating electricity by photovoltaic effect, (B) have a nameplate
capacity rating of twenty-five kilowatts or less, and (C) are installed on
the roof of a single-family or multifamily home; and
(5) "Smart solar permitting platform" means the Internet -based
platform known as SolarAPP+ developed by the National Laboratory of
the Rockies within the United States Department of Energy, or a similar
Internet-based platform selected by the Commissioner of
Administrative Services to automate the review of an application for a
building permit to construct a residential solar photovoltaic system or
such system in combination with a residential energy storage system.
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(b) Not later than July 1, 2028, the Commissioner of Administrative
Services shall implement a smart solar permitting platform for the
purpose of (1) automatically reviewing applications to construct a
residential solar photovoltaic system or such system i n combination
with a residential energy storage system, and (2) instantly releasing a
building permit to construct such system or systems if such system or
systems comply with the Connecticut State Building Code.
(c) The commissioner shall administer the smart solar permitting
platform in a manner that allows for the:
(1) Use by the Department of Administrative Services, any
municipality, any architect licensed pursuant to chapter 390 of the
general statutes, any professional engineer licensed pursuant to chapter
391 of the general statutes and any contractor licensed p ursuant to
chapter 393 of the general statutes;
(2) Automated evaluation of any application to construct a residential
solar photovoltaic system or an energy storage system to determine
whether such system complies with the requirements of the Connecticut
State Building Code and whether such application complies with the
regulations adopted by the commissioner pursuant to this section;
(3) Instant release of a building permit for any such application that
is determined to comply with the requirements of the Connecticut State
Building Code and the regulations adopted by the commissioner
pursuant to this section after such evaluation;
(4) Processing a permit application for not less than seventy -five per
cent of residential rooftop solar photovoltaic systems that (A) weigh less
than four pounds per square foot, (B) provide electrical power to
detached single and multifamily homes, and ( C) comply with
Connecticut State Building Code requirements for installation on an
existing residential structure;
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(5) Users of the platform to submit an application to construct a
residential solar photovoltaic system, or such system in combination
with a residential energy storage system, twenty -four hours a day,
except when the platform is unavailable because of a system upgrade or
maintenance;
(6) Use of digital signatures, stamps, seals or certifications on all
submitted applications and supporting documents necessary for the
issuance of a permit;
(7) Provision of customer service to assist users in navigating the
platform; and
(8) Periodic update as necessary to conform with changes to the
Connecticut State Building Code or any other applicable state law.
(d) (1) A municipality shall either allow for the submission of
applications to construct a residential solar photovoltaic system, or such
system in combination with a residential energy storage system,
through the smart solar permitting platform adopted by the
commissioner or through an alternative automated solar permitting
platform that satisfies the requirements set forth in this section in an
equivalent manner as th e smart solar permitting platform. A
municipality may coordinate the selection and implementation of an
alternative automated solar permitting platform with the regional
council of governments of which such municipality is a member,
including the issuance of any request for proposals, invitation to bid or
other solicitation concerning the development and implementation of
such alternative platform.
(2) Any municipality that elects to implement an alternative
automated solar permitting platform shall enable access to the
alternative platform not later than January 1, 2029. A municipality that
implements an alternative automated solar permitting platfo rm shall
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not require an applicant to submit any documentation or information
that is not required through the smart solar permitting platform.
(3) A municipality that allows for the submission of residential solar
photovoltaic system applications through the smart solar permitting
platform shall, not later than January 1, 2029, revise its permitting fee
schedule to reflect any reduction in cost o r resources expended by the
municipality to permit residential solar energy systems.
(e) (1) A municipality that allows for the submission of applications
to construct a residential solar photovoltaic system, or such system in
combination with a residential energy storage system, through an
alternative automated solar permitting platform s hall submit a
compliance report to the commissioner, in a form and manner
prescribed by the commissioner, not later than sixty days after the
municipality implements such alternative platform. A local compliance
report shall include, but need not be limited to:
(A) The date of compliance by the municipality;
(B) The software used for compliance by the municipality; and
(C) Documentation demonstrating that the alternative automated
solar permitting platform implemented by the municipality satisfies the
requirements set forth in subsection (c) of this section in an equivalent
manner as the platform implemented by the commissioner.
(2) If the commissioner determines that documentation submitted in
a local compliance report pursuant to subdivision (1) of this subsection
is insufficient to verify that the alternative platform satisfies the
requirements set forth in subsection (c) of th is section in an equivalent
manner as the platform implemented by the commissioner, the
municipality shall provide the commissioner, at the commissioner's
request, access to the municipality's alternative platform so that the
commissioner may determine whe ther the alternative platform
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complies with said requirements.
(3) The commissioner shall provide public access to any local
compliance report submitted by a municipality on the Internet web site
of the Department of Administrative Services.
(f) (1) A municipality that implements an alternative automated solar
permitting platform pursuant to this section shall, commencing on July
1, 2029, submit an annual report to the commissioner. The commissioner
may establish guidelines for annual reports required under this
subsection. Each such annual report shall include, but need not be
limited to:
(A) The number of permits released by the municipality for
residential solar photovoltaic systems through the alternative
automated solar permitting platform and the relevant characteristics of
such systems;
(B) The number of permits released by the municipality for
residential solar photovoltaic systems through means other than the
alternative automated solar permitting platform and the relevant
characteristics of such systems; and
(C) Documentation demonstrating that the alternative automated
solar permitting platform satisfies the requirements set forth in
subsection (c) of this section in an equivalent manner as the platform
implemented by the commissioner.
(2) If the commissioner determines that documentation submitted
pursuant to subdivision (1) of this subsection is insufficient to verify that
the alternative automated solar permitting platform meets the
requirements set forth in subsection (c) of this sec tion in an equivalent
manner as the platform implemented by the commissioner, the
municipality shall provide the commissioner, at the commissioner's
request, access to the platform so that the commissioner may determine
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whether the alternative platform complies with said requirements.
(3) The commissioner shall provide public access to annual reports
submitted by a municipality on the Internet web site of the Department
of Administrative Services.
(g) The commissioner shall prescribe the form and format of
applications for permits, including supporting documentation,
specifications, requirements for digital signatures, stamps, seals or
certifications and other information exchanged through the smart solar
permitting platform. The commissioner shall require that any
application and supporting documents submitted pursuant to this
section be prepared and submitted by any architect licensed pursuant
to chapter 390 of the general statutes, any professional engineer licensed
pursuant to chapter 391 of the general statutes or any contractor licensed
pursuant to chapter 393 of the general statutes. The commissioner shall
waive any requirement related to physical signatures, stamps, seals,
certifications or no tarization imposed by statute, regulation or local
ordinance in order for the smart solar permitting platform to process
permit applications, provided the permit application contains a digital
signature, stamp, seal or certification.
(h) A person exchanging information through either the smart solar
permitting platform or through an alternative automated solar
permitting platform shall not be subject to a licensing sanction, civil
penalty, fine, permit disapproval, revocation or other sanction for
failure to comply with any statute, regulation or local ordinance that
requires submission of such information in physical form, including, but
not limited to, any requirement that the information be (1) in a particular
form or of a particular size, (2) submitted with multiple copies, (3)
physically attached to another document, (4) an original document, or
(5) signed, stamped, sealed, certified or notarized.
Sec. 16. (Effective from passage) (a) The Connecticut Siting Council shall
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not approve a declaratory ruling for a solar photovoltaic facility under
section 16-50k of the general statutes or grant a certificate for a facility
described in subdivision (3) of subsection (a) of section 16 -50i of the
general statutes, as amended by th is act, that is a solar photovoltaic
facility if the council finds that such facility is located in a municipality
in which greater than (1) five and one-half per cent of the total land area
of such municipality, or (2) two per cent of the total land area of such
municipality, if such municipality is contiguous with, and to the north
of, a town described by subdivision (1) of this subsection, excluding
solar installations approved by the council on any brownfield, as
defined in section 32-760 of the general statutes, or any landfill, contains
solar photovoltaic installations and related solar infrastructure,
calculated by total parcel size, previously approved by the council.
(b) To calculate the percentage of land area covered by such solar
facilities pursuant to subsection (a) of this section, the total parcel size
of such installations and related infrastructure in such municipality, as
determined by the computer -assisted ma ss appraisal system
maintained by the Geographic Information Systems Office within the
Office of Policy and Management, shall be divided by the total acreage
of the municipality. The prohibition on the council's ability to approve
a declaratory ruling or grant a certificate for a facility proposed in such
municipality shall expire on July 1, 2027, and shall not apply to facilities
proposed to be sited on land zoned for commercial or industrial use by
the municipality as of January 1, 2024.
(c) The Commissioner of Energy and Environmental Protection, in
consultation with the Commissioner of Agriculture, the Commissioner
of Economic and Community Development, the chairperson of the
Connecticut Siting Council, the president of the Connecticut Conference
of Municipalities, the president of the Connecticut Council of Small
Towns, the executive director of the Capitol Region Council of
Governments, the president of the Connecticut State Building Trades
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Council, a training director of a registered affiliate of the Connecticut
State Building Trades Council, the Secretary of Office of Policy and
Management, the chairperson of the Council on Environmental Quality,
the chairperson of the Public Utilities Regu latory Authority, the
Consumer Counsel, a conservation organization based in Connecticut
with expertise in the management of forests and a conservation
organization based in Connecticut with expertise in agrivoltaics and
farmland soils, shall prepare a report, as described in subsections (d) to
(f), inclusive, of this section, recommending specific criteria concerning
the equitable distribution of siting solar photovoltaic energy generating
systems in the state. Not later than February 1, 2027, the commissi oner
shall submit such report, in accordance with the provisions of section
11-4a of the general statutes, to the joint standing committees of the
General Assembly having cognizance of matters relating to the
judiciary, government administration and electi ons, labor, energy and
the environment.
(d) The Commissioner of Energy and Environmental Protection may,
within available appropriations, hire a consultant to assist in the
preparation of such report, provided such consultant shall not own or
operate any facility, as defined in section 16 -50i of the general statutes,
as amended by this act.
(e) The report prepared pursuant to this section shall include
evaluations of and recommendations concerning: (1) The location of
solar facilities previously approved by the council, with a focus on
measuring and explaining the distribution of and concentration of solar
facilities across the state; (2) how the council can further minimize
conflicts between solar development and other land use priorities,
particularly in municipalities with greater concentrations of solar
development; (3) an assessment of the effectiveness of Public Act 17-218
at protecting core forest and prime farmland resources in the solar
facility siting process; (4) the existence of project labor agreements
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between the developers of such solar facilities and the Connecticut State
Building Trades Council; (5) the potential economic impacts that solar
facility development projects may have, including how many direct and
indirect jobs would be created in a commu nity and the surrounding
region; (6) how the developer of such projects may demonstrate that
contractors and subcontractors have a registered apprenticeship
program approved by the state, whose curriculum includes training for
solar and other Class I renewable energy source construction; (7) how a
developer may attest that contractors and subcontractors have no
history of stop work orders, wage violations or licensing violations
pending by a federal or state agency, nor have they been cited for any
wage or licensing violations by a federal or state agency within the
preceding five years; and (8) any policy recommendations resulting
from such evaluations.
(f) Not later than November 30, 2026, the commissioner shall post a
draft report on the Internet web site of the Department of Energy and
Environmental Protection for public review and comment. Prior to
submitting a final report pursuant to subsection (c) of this section, the
commissioner shall provide for one or more public comment periods
and integrate any public comment the commissioner deems appropriate
and useful into such final report.
Sec. 17. Subsection (a) of section 16 -50i of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(a) "Facility" means: (1) An electric transmission line of a design
capacity of sixty-nine kilovolts or more, including associated equipment
but not including a transmission line tap, as defined in subsection (e) of
this section; (2) a fuel transmission facili ty, except a gas transmission
line having a design capability of less than two hundred pounds per
square inch gauge pressure or having a design capacity of less than
twenty per cent of its specified minimum yield strength; (3) any electric
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generating or storage facility using any fuel, including nuclear
materials, including associated equipment for furnishing electricity but
not including an emergency generating device, as defined in subsection
(f) of this section or a facility (A) owned and operated by a private power
producer, as defined in section 16 -243b, (B) which is a qualifying small
power production facility or a qualifying cogeneration facility under the
Public Utility Regulatory Policies Act of 1978, as amended, or a facility
determined by the council to be primarily for a producer's own use, and
(C) which has, in the case of a facility utilizing renewable energy
sources, a generating capacity of one megawatt of electricity or less and,
in the case of a facility utilizing cogeneration technology, a generating
capacity of twenty -five megawatts of elect ricity or less; (4) any electric
substation or switchyard designed to change or regulate the voltage of
electricity at sixty -nine kilovolts or more or to connect two or more
electric circ uits at such voltage, which substation or switchyard may
have a substantial adverse environmental effect, as determined by the
council established under section 16-50j, and other facilities which may
have a substantial adverse environmental effect as the c ouncil may, by
regulation, prescribe; (5) such community antenna television towers and
head-end structures, including associated equipment, which may have
a substantial adverse environmental effect, as said council shall, by
regulation, prescribe; [and] (6) such telecommunication towers,
including associated telecommunications equipment, owned or
operated by the state, a public service company or a certified
telecommunications provider or used in a cellular system, as defined in
the Code of Federal Regulati ons Title 47, Part 22, as amended, which
may have a substantial adverse environmental effect, as said council
shall, by regulation, prescribe; and (7) (A) an electric transmission line
and any associated equipment described in subdivision (1) of this
subsection, or (B) any electric substation or switchyard or other facility
described in subdivision (4) of this subsection, including a combination
of the facilities described in subparagraphs (A) and (B) of this
subdivision, that is either an expansion of an e xisting facility or the
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installation of a new facility, and that is designed to (i) accommodate the
interconnection of one or more future sources of generation of any type
that is not yet the subject of an interconnection agreement, or (ii) relieve
transmission system constraints in order to facilitate delivery of power
from such future sources of generation;
Sec. 18. Subdivision (3) of subsection (c) of section 16 -50p of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2026):
(3) For purposes of this section, a public benefit exists when a facility
is necessary for the reliability of the electric power supply of the state or
for the development of a competitive market for electricity and a public
need exists when a facility is nece ssary for the reliability of the electric
power supply of the state. With respect to a facility described in
subdivision (7) of subsection (a) of section 16 -50i, as amended by this
act, in determining that a public need exists pursuant to this
subdivision, the council shall consider whether such facility addresses
anticipated future electric grid reliability needs, including the need for
additional generation on the electric grid to maintain future resource
adequacy. Any future reliability needs identified in the council's
determination of public need for a facility describe d in subdivision (7)
of subsection (a) of section 16 -50i, as amended by this act, shall be
supported by (A) any study or finding of the regional independent
system operator, as defined in section 16-1, (B) the Integrated Resources
Plan approved pursuant to section 16a-3a, or (C) through an advisory
opinion by the Commissioner of Energy and Environmental Protection
stating that such facility is in the best interest of ratepayers in the state
that is submitted in the relevant proceeding of the siting council. Such
an advisory opinion may, without limitation, be based on the
availability of funding from sources other than ratepayers in the state,
the collaborative efforts of with one or more other states that will
provide a net benefit to ratepayers in the state, or whether the proposed
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project shall eliminate, or otherwise limit, the need for other upgrades
to the transmission system that would be a cost to ratepayers in the state.
Sec. 19. Section 16 -243hh of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Not later than January 1, 2025, each gas company, as defined in
section 16 -1, shall institute a program to provide a rebate to any
customers of such company that use natural gas for a shared clean
energy facility, as defined in subdivision (2) of subsectio n (a) of section
16-244z, that was selected in a solicitation pursuant to said subsection .
[on or before December 31, 2023.] The amount of such rebate shall equal
the retail delivery charge that such company charges such customer for
transporting natural g as to such shared clean energy facility. Such
company may recover the costs of providing such rebates through such
company's decoupling mechanism pursuant to section 16 -19tt. The
authority may adopt regulations, in accordance with the provisions of
chapter 54, to implement the provisions of this section.