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BILL AS INTRODUCED 2007-2008

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H.706

Introduced by Representative Nuovo of Middlebury

Referred to Committee on

Date:

Subject:  Public service; efficiency utility

Statement of purpose:  This bill proposes to establish a new chapter in Title 30, to govern the establishment of an energy efficiency utility for space heating purposes.  It proposes to require that an energy efficiency plan for space heating be developed and incorporated into the state energy plan.  It proposes to establish an energy efficiency services fund, and to authorize payment out of the fund.  It establishes standard provisions with regard to public reports of utility corporations, corporate duties to provide contracts and other information to the department of public service, and complaints and investigations.  It establishes jurisdiction in the public service board over conservation programs, and over an expanded efficiency utility which is required to be able to deliver services no later than January 1, 2009.  It provides details concerning the powers and duties of the expanded efficiency utility.  It proposes changes in the state energy policy and in the state comprehensive energy plan, and requires submission of a plan for increasing the energy efficiency of the state’s built environment.

AN ACT RELATING TO ESTABLISHING AN ENERGY EFFICIENCY UTILITY FOR SPACE HEATING

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  30 V.S.A. chapter 6 is added to read:

Chapter 6.  Powers and Duties of Department of

Public Service and Public Service Board with

Regard to the Energy Efficiency Utility

§ 281.  DEFINITIONS

As used in this chapter:

(1)  “Company” or “companies” means and includes individuals, partnerships, associations, corporations, and municipalities, owning or conducting any public service business or property used in connection therewith and covered by the provisions of this chapter.

(2)  “Energy” means not only the traditional scientific characteristic of “ability to do work” but also the substances or processes used to produce heat, light, or motion, including but not being limited to:  petroleum or other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; solar radiation; geothermal sources; nuclear sources; biomass; organic waste products; wind; or flowing water.

§ 282.  ENERGY EFFICIENCY PLANNING FOR SPACE HEATING

(a)  The department of public service, through the director for regulated utility planning, shall constitute the responsible utility planning agency of the state for the purpose of identifying and implementing all cost-effective energy efficiency measures, with regard to space heating.  The director shall be responsible for the provision of plans for meeting emerging trends related to space-heating-related energy demand, supply, safety, conservation, and environmental impacts, including those involved in the generation of greenhouse gases.

(b)  The department, through the director, shall prepare a space heating energy efficiency plan for the state.  The plan shall be for a 20-year period and shall serve as a basis for state space heating energy policy.  The space heating energy efficiency plan shall be based on the principles of “least cost integrated planning” set out in and developed under section 218c of this title.  The plan shall include at a minimum:

(1)  an overview, looking 20 years ahead, of statewide growth and development as they relate to future requirements for space heating energy efficiency, including patterns of urban expansion, statewide and service area economic growth, shifts in transportation modes, modifications in housing types and design, conservation, environmental impacts, including those involved in the generation of greenhouse gases, and other trends and factors which, as determined by the director, will significantly affect state space heating energy policy and programs;

(2)  an assessment of all resources available to the state for efficient space heating or to supply resources for space heating, including among others, fossil fuels, nuclear, hydro-electric, biomass, wind, fuel cells, and solar energy and strategies for minimizing the economic and environmental costs of space heating, including the production of pollutants and greenhouse gases, by means of efficiency and emission improvements, weatherization, conservation, fuel shifting, and other appropriate means;

(3)  estimates of the projected level of demand for space heating and the projected level of pollution, including greenhouse gases, generated;

(4)  a detailed exposition, including capital requirements and the estimated cost to consumers, of how such demand shall be met, and how the generation of pollutants, including greenhouse gases, may be continually reduced, based on the assumptions made in subdivision (1) of this subsection and the policies set out in subsection (c) of this section; and

(5)  Specific strategies for reducing space heating requirements and costs, and for reducing the generation of pollution, including greenhouse gases, to the greatest extent possible in Vermont over the most immediate five-year period, for the next succeeding five-year period, and long-term sustainable strategies for achieving and maintaining the lowest possible space heating costs and generation of pollution, including greenhouse gases over the full

20-year planning horizon consistent with the goal of maintaining a financially stable space heating industry in Vermont.

(c)  In developing the plan, the department shall take into account the protection of public health and safety; preservation of environmental quality, including reductions in the generation of greenhouse gases; the potential for reduction of costs incurred by all retail heating fuel customers; the potential for reduction of heating fuel demand through conservation; use of load management technologies, if appropriate; efficiency of heating fuel usage; utilization of waste heat; and assistance to consumers in weatherization and energy conservation.

(d)  In establishing plans, the director shall:

(1)  Consult with:

(A)  the public;

(B)  Vermont municipal utilities;

(C)  Vermont cooperative utilities;

(D)  Vermont investor-owned utilities;

(E)  Vermont electric transmission companies;

(F)  environmental and residential consumer advocacy groups active in electricity issues;

(G)  industrial customer representatives;

(H)  commercial customer representatives;

(I)  the public service board;

(J)  an entity designated to meet the public’s need for energy efficiency services under subdivision 218c(a)(2) of this title or section 283 of this title;

(K)  other interested state agencies;

(L)  heating fuel providers;

(M)  representatives of residential, commercial, and industrial building envelope and space heating professionals.

(2)  To the extent necessary, include in the plan surveys to determine needed and desirable space heating system improvements and coordination between heating fuel and construction specialists, joint design and construction of optimal heating space by two or more entities, methods of operations for space heating providers, and any change that will produce better service or reduce space heating costs or pollution, including the generation of greenhouse gases.  To this end, the director may require the submission of data by each company that provides space heating fuel or efficiency services regarding its anticipated space heating demand, including load fluctuation, supplies, costs,  the generation of pollution, including greenhouse gases, and its plan to meet that demand and reduce that pollution, including greenhouse gas emissions, together with such other information as the director deems desirable.

(3)  Work in conjunction with the energy efficiency entity designated under subsection 209(d) of this title or under section 283 of this title to develop 20‑year projections for efficiency programs administered by that entity, and to incorporate those projections into the state electrical energy plan.

(e)  The department shall conduct public hearings on the final draft and shall consider the evidence presented at such hearings in preparing the final plan.  The plan shall be adopted no later than January 1, 2009 and shall be submitted to the general assembly.

(f)  After adoption by the department of a final plan, any company seeking board authority to make investments in space heating efficiency shall notify the department of the proposed action and request a determination by the department whether the proposed action is consistent with the plan.  In its determination whether to permit the proposed action, the board shall consider the department’s determination of its consistency with the plan along with all other factors required by law or relevant to the board’s decision on the proposed action.  If the proposed action is inconsistent with the plan, the board may nevertheless authorize the proposed action if it finds that there is good cause to do so.  To the extent that the inconsistency entails an excessive generation of pollution, including greenhouse gases, the board may authorize the proposed action only if it finds that there is compelling reason to do so.  The department shall be a party to any proceeding on the proposed action.

(g)  The director shall annually review that portion of a plan extending over the next five years.  The department, through the director, shall annually extend the plan by one additional year; and from time to time, but in no event less than every five years, institute proceedings to review a plan and make revisions, where necessary.  The five-year review and any interim revisions shall be made according to the procedures established in this section for initial adoption of the plan.

(h)  The plans adopted under this section shall be submitted to the energy committees of the general assembly and shall become the space heating portion of the state energy plan.

§ 283.  ENERGY EFFICIENCY SERVICES

(a)  Purpose.  The general assembly finds and determines that:

(1)  it is the policy of the state to assure the efficient use of energy resources and cost‑effective demand management, as specified in section 202a of this title;

(2)  a comprehensive state energy plan, as is specified in section 202b of this title, must be developed to implement this state energy policy;

(3)  it is appropriate to build upon the work in reducing energy costs for Vermonters already done by the existing efficiency entity established under the authority of section 209 of this title, and to integrate that work into a broader program implemented through an expanded energy efficiency entity that will serve the needs of the people of the state in an even better manner;

(4)  current energy efficiency programs are not designed to meet fully the thermal efficiency needs of consumers who rely on heating oil, kerosene, propane, and coal, as they are funded through efficiency charges that may be assessed only on electricity and natural gas providers regulated by the board;

(5)  with the growing certainty that global climate change is caused in significant part by human activities that release greenhouse gases into the atmosphere, it is particularly important to reduce the extent to which these emissions result from the inefficient use of carbon‑containing fuels, regardless of the nature of the source;

(6)  it is desirable for the state to lower the risk of high fuel prices and vulnerable supplies, while at the same time strengthening the Vermont economy by establishing a system to promote all forms of energy end‑use efficiency, comprehensive sustainable building design, and integrated renewable energy installations.

(b)  Energy efficiency services fund.  The public service board shall establish an energy efficiency services fund to be managed by a fund administrator appointed by the board under this section and subdivision 209(d)(2) of this title.  The energy efficiency services fund shall contain such sums as appropriated by the general assembly or as otherwise provided by law.  Balances in the fund and interest earned shall be carried forward and remain in the fund at the end of each fiscal year.

(c)  Use of the fund.  Funds appropriated by the legislature to the energy efficiency services fund shall be used to support the delivery of energy efficiency services to Vermont heating and process fuel consumers of oil, kerosene, propane, coal, and wood; and to carry out cost‑effective efficiency measures and reductions in greenhouse gas emissions from sectors other than, or in addition to, the regulated electricity and natural gas use sectors.  These energy efficiency services shall be provided by the energy efficiency entity appointed by the board under subsection 209(d) of this title and operating within the revised utility efficiency structure established under subsections 288(g) and (h) of this title.

(d)  Review of adequacy of the fund.  On or before January 15, 2011, the public service board shall report to the legislature on the expenditure of funds from the energy efficiency services fund to meet the public’s needs for energy efficiency services.  The report shall be developed through a collaborative process involving representatives of heating fuel dealers, electric and gas utilities, the expanded energy efficiency entity, the department of public service, residential and business consumer representatives, environmental advocates, entities currently engaged in delivering weatherization services, and other stakeholders identified by the board.  The report shall address:  the need for and availability of alternative revenue sources that may be dedicated to the energy efficiency fund; the resources dedicated to energy efficiency purposes provided through electric and natural gas rates; an evaluation of potential cost‑effective energy efficiency investments and programs designed to meet the need for energy services through efficiency or conservation in all customer classes and areas of opportunity; the amount of funding necessary in order to realize all reasonably available, cost‑effective energy efficiency savings; and other factors to assure consistency with the purposes of this section and the goals of section 202a of this title.  In the report, the board shall recommend an appropriate balance among the following objectives:  reducing the size of future heating and process-fuel purchases; reducing the generation of greenhouse gases; providing efficiency and conservation as a part of a comprehensive resource supply strategy; providing the opportunity for all Vermonters to participate in efficiency and conservation programs; providing that residential and commercial sector benefits generally shall be proportional to sector contributions to the extent such proportion can be determined; and targeting efficiency and conservation efforts to locations, markets, or customers where they may provide the greatest value.


§ 284.  ORGANIZATION; REPORTS OF PUBLIC ENERGY EFFICIENCY 

             UTILITY CORPORATIONS

Immediately upon the transmission of its articles of association, a corporation subject to supervision under this chapter shall file with the department of public service a copy of such articles, and a copy of its certificate of paid up capital stock, if any.  The corporation shall also, immediately after its organization, forward to the department of public service a copy of the report of its organization containing the names and addresses of the directors and other officials of the corporation.  At the time of commencing, a business, a municipality, person, or company, other than a corporation which is subject to supervision under this chapter, shall file with the department of public service a written statement giving the location, nature, and extent of such business, together with the post office address of the owner or owners, business manager, and other officials.

§ 285.  DUTY TO FURNISH COPIES OF CONTRACTS

At the request of the department of public service, a corporation subject to supervision under this chapter shall submit to the department for its approval certified copies of contracts entered into after July 1, 2009 between that corporation and any person, partnership, association, trust, or corporation holding, controlling, or owning ten percent or more of the voting capital stock of such corporation subject to supervision, or with any other corporation which is itself owned or controlled by a person, partnership, association, trust or corporation so holding, controlling or owning ten percent or more of the voting capital stock of such corporation subject to supervision. 

§ 286.  INFORMATION TO BE FURNISHED DEPARTMENT

On request by the department of public service, a company shall inform the department of the salaries of, the pensions, option, or benefit programs affecting and the expenses reimbursed to its officers or directors, or both.  Such information shall be open to public inspection at seasonable times, and any person shall be entitled to copies of it.  Information exacted for use by the department in a particular instance shall not be made public, except in the discretion of the department.

§ 287.  COMPLAINTS; INVESTIGATIONS; PROCEDURE

A complaint to the public service board may be made against a company subject to supervision under the provisions of this chapter concerning any claimed unlawful act or neglect adversely affecting the complainant, who may be a company or five or more individuals or, if less than five are so affected, then any one of them.  The complainant may bring his or her complaint directly before the board or may file his or her complaint with the department of public service which shall investigate such complaint, and if sufficient cause exists, shall prosecute the same in the name of the state.  Upon request of the trustees of an incorporated village or the selectboard or city council or upon its own motion, the department of public service may institute investigations regarding the price, toll, rate, or rental charged by any company subject to supervision under this chapter.

§ 288.  JURISDICTION; GENERAL SCOPE

(a)  On due notice, the board shall have jurisdiction to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter or articles of any corporation subject to supervision under this chapter, and shall have like jurisdiction in all matters respecting:

(1)  The purity, quantity, or quality of any product furnished or sold by any company subject to supervision under this chapter, and may prescribe the equipment for and standard of measurement, pressure, or initial voltage of such product;

(2)  The providing for each kind of business subject to supervision under this chapter, suitable and convenient standard commercial units of product or service, which standards shall be lawful for the purposes of this chapter;

(3)  The manner of operating and conducting any business subject to supervision under this chapter, so as to be reasonable and expedient, and to promote the safety, convenience, and accommodation of the public;

(4)  The price, toll, rate, or rental charged by any company subject to supervision under this chapter, when unreasonable or in violation of law;

(5)  To restrain any company subject to supervision under this chapter from violations of law, unjust discriminations, usurpation, or extortion;

(b)  The provisions of section 218 of this title notwithstanding, the public service board shall, under sections 803–804 of Title 3, adopt rules applicable to companies subject to this chapter which:

(1)  Regulate or prescribe terms and conditions of extension of utility service to customers or applicants for service, including:

(A)  the conditions under which a deposit may be required, if any;

(B)  the terms of payment of any required deposit; and

(C)  the return of any deposit.

(2)  Regulate and prescribe reasonable procedures used by companies in disconnecting or reconnecting services and billing customers in regard to those services.

(c)(1)  The public service department, any entity appointed by the board under subdivision (2) of this subsection, all gas and electric utility companies, and the board upon its own motion are encouraged to propose, develop, solicit, and monitor energy efficiency and conservation programs and measures, including appropriate combined heat and power systems that result in the conservation and efficient use of energy and meet the applicable agency of natural resources’ air quality standards.  Such programs and measures, and their implementation, may be approved by the board if it determines they will be beneficial to the ratepayers of the companies after such notice and hearings as the board may require by order or by rule.

(2)  In place of utility‑specific programs developed pursuant to section 218c of this title, the board shall, after notice and opportunity for hearing, provide for the development, implementation, and monitoring of gas and electric energy efficiency and conservation programs and measures, including programs and measures delivered in multiple service territories, by appointing a qualified entity as an energy efficiency entity.  An appointment of an expanded energy efficiency entity shall be made under this section, section 209, and section 283 of this title, on a schedule that provides the expanded energy efficiency entity adequate time to prepare for the delivery of relevant services no later than January 1, 2009.  Despite this appointment, however, the board may allow the Burlington Electric Department and the Vermont Gas Systems, Inc. to continue to provide efficiency services within their respective service territories.  As part of this appointment, the board shall include as eligible measures appropriate combined heat and power systems that result in the conservation and efficient use of energy and meet the applicable agency of natural resources’ air quality standards.  Except with regard to a transmission company, the board may specify that the appointment of an energy efficiency entity to deliver services within an electric entity’s service territory satisfies that electric utility’s corresponding obligations, in whole or in part, under section 218c of this title and under any prior orders of the board.

(3)  In addition to its existing authority, the board may establish by order or rule a volumetric charge to customers for the support of energy efficiency programs that meet the requirements of this title.  The charge shall be known as the energy efficiency charge, shall be shown separately on each customer’s bill, and shall be paid to a fund administrator appointed by the board.  When such a charge is shown, notice as to how to obtain information about energy efficiency programs approved under this section shall be provided in a manner directed by the board.  This notice shall include, at a minimum, a toll free telephone number, and, to the extent feasible, shall be on the customer’s bill and near the energy efficiency charge.  Balances in the fund shall be ratepayer funds, shall be used to support the activities authorized in this subdivision, and shall be carried forward and remain in the fund at the end of each fiscal year.  These monies shall not be available to meet the general obligations of the state. Interest earned shall remain in the fund.  The board will annually provide the general assembly with a report detailing the revenues collected and the expenditures made for energy efficiency programs under this section.

(4)  Effective January 1, 2009, an energy efficiency entity shall have the same unrestricted term of appointment and process for termination of appointment as is most common for electric and gas utilities in the state.


(d)  The board shall:

(1)  Ensure that all retail consumers, regardless of retail electricity, gas, or heating or process fuel provider, will have an opportunity to participate in and benefit from a comprehensive set of cost‑effective energy efficiency programs and initiatives designed to overcome barriers to participation.

(2)  Require that continued or improved efficiencies be made in the production, delivery, and use of energy efficiency services, including the use of compensation mechanisms for any energy efficiency entity that are based upon verified savings in energy usage and demand, and other performance targets specified by the board.  The linkage between compensation and verified savings in energy usage and demand (and other performance targets) shall be reviewed and adjusted not less than triennially by the board.

(3)  Build on the energy efficiency expertise and capabilities that have developed or may develop in the state.

(4)  Promote program initiatives and market strategies that address the needs of persons or businesses facing the most significant barriers to participation.

(5)  Promote coordinated program delivery, including coordination with low income weatherization programs, other efficiency programs, and utility programs.

(6)  Consider innovative approaches to delivering energy efficiency, including strategies to encourage third party financing and customer contributions to the cost of efficiency measures.

(7)  Provide a reasonably stable multiyear budget and planning cycle and promote program improvement, program stability, enhanced access to capital and personnel, improved integration of program designs with the budgets of regulated companies providing energy services, and maturation of programs and delivery resources.   

(8)  Approve programs, measures, and delivery mechanisms that reasonably reflect current and projected market conditions, technological options, and environmental benefits.

(9)  Provide for delivery of these programs as rapidly as possible, taking into consideration the need for these services and cost-effective delivery mechanisms.

(10)  Provide for the independent evaluation of programs delivered under subsection (c) of this section and those delivered under section 283 of this title.

(11)  Require that any entity appointed by the board under subsection (c) of this section deliver board‑approved programs in an effective, efficient, timely, and competent manner and meet standards that are consistent with those in section 218c of this title, the board’s orders in public service board docket 5270, and any relevant board orders in subsequent energy efficiency proceedings.

(12)  Require verification on or before January 1, 2010, and every three years thereafter, by an independent auditor of the reported energy and capacity savings and cost-effectiveness of programs delivered by any entity appointed by the board to deliver energy efficiency programs under subdivision (c)(2) of this section and under section 283 of this title.

(13)  Ensure that any energy efficiency program approved by the board shall be reasonable and cost-effective.

(14)  Consider the impact on retail electric rates of programs delivered under this section and the impact on fuel prices of programs delivered under section 283 of this title.

(15)  Establish a building efficiency program to be run by the energy efficiency entity that shall be designed to make continuous progress by promoting all forms of energy end‑use efficiency and comprehensive sustainable building design.

(e)  Appointment of, oversight of, and revenue determinations for such an energy efficiency entity shall fall within the regulatory powers and jurisdiction of the board and, as is the case regarding the regulation of the revenues, terms, and conditions of service and compensation of gas and electric utilities, shall not be considered a contractual activity of the state.

(f)  The public service board may prescribe, by rule or order, standards for the labeling of electricity delivered or intended for delivery to ultimate consumers as to price, terms, sources, and objective environmental impacts, along with such procedures as it deems necessary for verification of information contained in such labels.  The public service board may prescribe, by rule or by order, standards and criteria for the substantiation of such labeling or of any claims regarding the price, terms, sources, and environmental impacts of electricity delivered or intended for delivery to ultimate consumers in Vermont, along with enforcement procedures and penalties.  When establishing standards for the labeling of electricity, the board shall weigh the cost, as well as the benefits, of compliance with such standards. With respect to companies distributing electricity to ultimate consumers, the board may order disclosure and publication, not to occur more than once each year, of any labeling required pursuant to the standards established by this subsection.  Standards established under this subsection may include provisions for:

(1)  the form of labels;

(2)  information on retail and wholesale price;

(3)  terms and conditions of service;

(4)  types of generation resources in a seller’s mix and percentage of power produced from each source;

(5)  disclosure of the environmental effects of each energy source; and

(6)  a description of other services, including, but not limited to, energy services or energy efficiency opportunities.

(g)  No later than January 1, 2009, consistent with the provisions of subsections (c) and (d) of this section, the board shall adopt a revised structure for an efficiency entity in order to:

(1)  establish a process for the appointment and revocation of  appointment to serve as the energy efficiency entity similar to those in effect for regulated utilities in Vermont;

(2)  provide for regulatory oversight by the board and the department of public service that is appropriate to the structure and purpose of the expanded energy efficiency entity;

(3)  base some of the expanded energy efficiency entity’s compensation on verified savings in energy usage and demand and other performance targets specified by the board and consistent with the provisions of section 202a of this title;

(4)  clarify the relationship between the energy efficiency entity and the City of Burlington Electric Department and Vermont Gas Systems, Inc. under which the city and Vermont Gas Systems, Inc. may continue to provide some or all energy efficiency services in their respective service territories if approved by the board;

(5)  continue the delivery of electric efficiency programs consistent with the relevant provisions of subsection (e) of this section;

(6)  expand the energy efficiency entity’s responsibilities to include thermal efficiency and the development of a comprehensive building efficiency program to promote all forms of energy end-use efficiency and comprehensive sustainable building design;

(7)  provide for appropriate notice to customers on means to obtain information about energy efficiency programs approved under this section;

(8)  determine what, if any, regulatory authority over fuel dealers that the board or department of public service, or both, may require in order to implement the expansion of the energy efficiency entity’s responsibilities set forth in this section and section 283 of this title; and

(9)  permit the energy efficiency entity independently to report and recommend to the board, the general assembly, and the public measures and policies intended to achieve the purposes of section 202a of this title, and, more generally, the purposes of this title.

(h)  A proposed revised efficiency entity structure shall be developed by the board consistent with the provisions of this section and in collaboration with representatives from heating fuel dealers, electric and gas utilities, the energy efficiency utility, the department of public service, consumer representatives, environmental advocates, entities currently engaged in delivering weatherization services, and other stakeholders identified by the board.  The proposed revised structure shall be presented in a report to the house and senate committees on natural resources and energy, the senate committee on finance, and the house committee on ways and means with any proposed legislative changes by December 15, 2008.  The board may include in the report recommendations for specific legislative changes to this section that in its judgment will assist in the effective implementation of the revised efficiency entity under the provisions of this section.  The report on the proposed revised structure shall include options for ongoing funding of the expanded fossil fuel efficiency responsibilities of the energy efficiency entity.  The identified funding source options shall be adequate to provide a minimum funding level for fossil fuel efficiency of $6 million each for the years 2009 and 2010.  The funding source options shall be capable of providing sustained funding of the fossil fuel efficiency measures.

§ 289.  DEPARTMENT OF PUBLIC SERVICE TO PROSECUTE

The department of public service, through the director for public advocacy, shall represent the public at such hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence of indebtedness for which the approval of the board is required by law.  In any proceeding, the board may request the appearance of the attorney general or appoint a member of the Vermont bar to represent the interests of the public or state.

Sec. 2.  30 V.S.A. § 202a is amended to read:

§ 202a.  STATE ENERGY POLICY

It is the general policy of the state of Vermont:

(1)  To assure, to the greatest extent practicable, that Vermont can meet its energy service needs in a manner that is adequate, reliable, secure, and sustainable; that assures affordability and encourages the state’s economic vitality, continuing and substantial reductions in the generation of pollution, including greenhouse gases, the efficient use of energy resources and cost effective cost‑effective demand side management; and that is environmentally sound.

(2)  To identify and evaluate on an ongoing basis, resources that will meet Vermont’s energy service needs in accordance with the principles of least cost integrated planning; including efficiency, conservation, and load management alternatives, wise use of renewable resources, continuing and substantial reductions in the generation of pollution, including greenhouse gases, and environmentally sound energy supply.


Sec. 3.  30 V.S.A. § 202b is amended to read:

§ 202b.  STATE COMPREHENSIVE ENERGY PLAN

(a)  The department of public service, in conjunction with other state agencies designated by the governor, and in consultation with the efficiency utility designated under subsection 209(d) or section 283 of this title, shall prepare a comprehensive state energy plan covering at least a 20‑year period.  The plan shall seek to implement the state energy policy set forth in section 202a of this title.  The plan shall include:

(1)  A comprehensive analysis and projections regarding the use, cost, supply, and environmental effects of all forms of energy resources used within Vermont and regarding all pollution, including greenhouse gases generated within the state, including the state’s progress in meeting greenhouse gas reduction goals established in 10 V.S.A. § 578.

(2)  Recommendations for state implementation actions, regulation, legislation, and other public and private action to carry out the comprehensive energy plan.

* * *

(e)  By no later than January 10, 2009, the department shall complete and deliver to the general assembly a comprehensive energy plan, which, in addition to other requirements, shall include a comprehensive set of policy options for reducing pollution, including greenhouse gas emissions.  The plan shall provide specific recommendations for increasing the energy efficiency of Vermont’s built environment, including strategies to increase the efficiency of new residential buildings, the efficiency of existing residential buildings, and the efficiency of new and existing commercial and industrial buildings, including industrial processes.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us