Connecticut 2013 Regular Session

Connecticut Senate Bill SB01111 Compare Versions

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1-General Assembly Substitute Bill No. 1111
2-January Session, 2013 *_____SB01111PD____040213____*
1+General Assembly Raised Bill No. 1111
2+January Session, 2013 LCO No. 4154
3+ *04154_______PD_*
4+Referred to Committee on PLANNING AND DEVELOPMENT
5+Introduced by:
6+(PD)
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48 General Assembly
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6-Substitute Bill No. 1111
10+Raised Bill No. 1111
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812 January Session, 2013
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10-*_____SB01111PD____040213____*
14+LCO No. 4154
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12-AN ACT REQUIRING CERTAIN WATER POLLUTION CONTROL AUTHORITIES TO OPERATE PURSUANT TO AN INTERLOCAL AGREEMENT AND CONCERNING THE LIABILITY OF WATER COMPANIES FOR DAMAGES CAUSED BY A LEAK OR BREAK IN A WATER MAIN.
16+*04154_______PD_*
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18+Referred to Committee on PLANNING AND DEVELOPMENT
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20+Introduced by:
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22+(PD)
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24+AN ACT CONCERNING RATE INCREASES BY WATER POLLUTION CONTROL AUTHORITIES RECEIVING STATE GRANTS FOR WATER POLLUTION CONTROL PROJECTS.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16-Section 1. (NEW) (Effective October 1, 2013) Any water pollution control authority located in a municipality with a population of less than fifty thousand that, through the municipality, receives a grant pursuant to section 22a-478 of the general statutes for a water pollution control project involving a sewerage system, as defined in section 7-245 of the general statutes, that serves customers in more than one municipality shall operate pursuant to an interlocal agreement negotiated in good faith. Each municipality served by such sewerage system shall be a party to such agreement. Any such interlocal agreement created after October 1, 2013, shall include the following provisions: (1) Except as required by section 7-256 of the general statutes, no charge for connection with or for the use of the sewerage system shall be increased without the prior preparation and review by the water pollution control authority of an independent cost of service study; (2) the water pollution control authority shall establish an advisory board that shall meet at least twice annually and shall consist of (A) one person who shall represent the chief elected officials of the municipalities served by the sewerage system, and (B) one person from each municipality served by the sewerage system who shall represent customers of such sewerage system; (3) the water pollution control authority shall consult with such advisory board prior to taking any action concerning a transfer of real property, a rate increase, except as required pursuant to section 7-256 of the general statutes, or a capital improvement project with an aggregate cost in excess of five million dollars; and (4) when surrounding municipalities contribute more than twenty per cent of the design capacity flows of the water pollution control authority's sewerage system, the parties to the interlocal agreement shall negotiate in good faith and make best efforts to form a regional water pollution control authority pursuant to section 22a-500 of the general statutes.
28+Section 1. Subsection (a) of section 7-255 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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18-Sec. 2. (NEW) (Effective October 1, 2013) Any water company shall be liable to a consumer for any uninsured damages proximately caused by a leak or break in a water main owned by the water company. For purposes of this section, "water company" and "consumer" have the same meanings as provided in section 25-32a of the general statutes.
30+(a) The water pollution control authority may establish and revise fair and reasonable charges for connection with and for the use of a sewerage system. Except as required by section 7-256, any water pollution control authority that, through a municipality, receives a grant pursuant to section 22a-478 for a water pollution control project involving a sewerage system that serves customers in more than one municipality shall obtain the approval of a majority of the chief elected officials of such municipalities before revising such charges. The owner of property against which any such connection or use charge is levied shall be liable for the payment thereof. Municipally-owned and other tax-exempt property which uses the sewerage system shall be subject to such charges under the same conditions as are the owners of other property, but nothing herein shall be deemed to authorize the levying of any property tax by any municipality against any property exempt by the general statutes from property taxation. No charge for connection with or for the use of a sewerage system shall be established or revised until after a public hearing before the water pollution control authority at which the owner of property against which the charges are to be levied shall have an opportunity to be heard concerning the proposed charges. Notice of the time, place and purpose of such hearing shall be published at least ten days before the date thereof in a newspaper having a general circulation in the municipality. A copy of the proposed charges shall be on file in the office of the clerk of the municipality and available for inspection by the public for at least ten days before the date of such hearing. When the water pollution control authority has established or revised such charges, it shall file a copy thereof in the office of the clerk of the municipality and, not later than five days after such filing, shall cause the same to be published in a newspaper having a general circulation in the municipality. Such publication shall state the date on which such charges were filed and the time and manner of paying such charges and shall state that any appeals from such charges must be taken within twenty-one days after such filing. In establishing or revising such charges the water pollution control authority may classify the property connected or to be connected with the sewer system and the users of such system, including categories of industrial users, and may give consideration to any factors relating to the kind, quality or extent of use of any such property or classification of property or users including, but not limited to, (1) the volume of water discharged to the sewerage system, (2) the type or size of building connected with the sewerage system, (3) the number of plumbing fixtures connected with the sewerage system, (4) the number of persons customarily using the property served by the sewerage system, (5) in the case of commercial or industrial property, the average number of employees and guests using the property and (6) the quality and character of the material discharged into the sewerage system. The water pollution control authority may establish minimum charges for connection with and for the use of a sewerage system. Any person aggrieved by any charge for connection with or for the use of a sewerage system may appeal to the superior court for the judicial district wherein the municipality is located and shall bring any such appeal to a return day of said court not less than twelve or more than thirty days after service thereof. The judgment of the court shall be final.
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2335 This act shall take effect as follows and shall amend the following sections:
24-Section 1 October 1, 2013 New section
25-Sec. 2 October 1, 2013 New section
36+Section 1 October 1, 2013 7-255(a)
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2738 This act shall take effect as follows and shall amend the following sections:
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2940 Section 1
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3142 October 1, 2013
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33-New section
44+7-255(a)
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35-Sec. 2
46+Statement of Purpose:
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37-October 1, 2013
48+To require water pollution control authorities receiving certain state grants for water pollution control projects to obtain the approval of a majority of chief elected officials of all municipalities served by a sewerage system before raising rates, except to the extent such rates must be raised to fulfill obligations to bondholders.
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39-New section
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41-Statement of Legislative Commissioners:
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43-In section 1, the second sentence was added for clarity.
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47-PD Joint Favorable Subst.
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49-PD
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51-Joint Favorable Subst.
50+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]