Connecticut 2019 Regular Session

Connecticut House Bill HB07155 Compare Versions

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Version 2 (New)

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4		-	HB.docx
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	3	+	LCO No. 4600 1 of 17
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7		-	General Assembly ~~Substitute~~ Bill No. 7155
	5	+	General Assembly Raised Bill No. 7155
8	6		January Session, 2019
	7	+	LCO No. 4600
9	8
	9	+
	10	+	Referred to Committee on ENERGY AND TECHNOLOGY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ET)
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14	19		AN ACT CONCERNING CO NSUMER PROTECTIONS FOR
15	20		CUSTOMERS OF ELECTRI C SUPPLIERS.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. Subsection (a) of section 16-1 of the general statutes is 1
20	25		repealed and the following is substituted in lieu thereof (Effective from 2
21	26		passage): 3
22	27		(a) Terms used in this title and in chapters 244, 244a, 244b, 245, 245a 4
23	28		and 245b shall be construed as follows, unless another meaning is 5
24	29		expressed or is clearly apparent from the language or context: 6
25	30		(1) "Authority" means the Public Utilities Regulatory Authority and 7
26	31		"department" means the Department of Energy and Environmental 8
27	32		Protection; 9
28	33		(2) "Utility commissioner" means a member of the Public Utilities 10
29	34		Regulatory Authority; 11
30	35		(3) "Public service company" includes electric distribution, gas, 12
31		-	telephone, pipeline, sewage, water and community antenna television 13
	36	+	telephone, pipeline, sewage, water and community antenna television 13 Raised Bill No. 7155
	37	+
	38	+
	39	+
	40	+	LCO No. 4600 2 of 17
	41	+
32	42		companies and holders of a certificate of cable franchise authority, 14
33	43		owning, leasing, maintaining, operating, managing or controlling 15
34	44		plants or parts of plants or equipment, but shall not include towns, 16
35		-	cities, boroughs, any municipal corporation or department thereof, 17 Substitute Bill No. 7155
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41		-
	45	+	cities, boroughs, any municipal corporation or department thereof, 17
42	46		whether separately incorporated or not, a private power producer, as 18
43	47		defined in section 16-243b, or an exempt wholesale generator, as 19
44	48		defined in 15 USC 79z-5a; 20
45	49		(4) "Plant" includes all real estate, buildings, tracks, pipes, mains, 21
46	50		poles, wires and other fixed or stationary construction and equipment, 22
47	51		wherever located, used in the conduct of the business of the company; 23
48	52		(5) "Gas company" includes every person owning, leasing, 24
49	53		maintaining, operating, managing or controlling mains, pipes or other 25
50	54		fixtures, in public highways or streets, for the transmission or 26
51	55		distribution of gas for sale for heat or power within this state, or 27
52	56		engaged in the manufacture of gas to be so transmitted or distributed 28
53	57		for such purpose, but shall not include (A) a person manufacturing gas 29
54	58		through the use of a biomass gasification plant provided such person 30
55	59		does not own, lease, maintain, operate, manage or control mains, pipes 31
56	60		or other fixtures in public highways or streets, (B) a municipal gas 32
57	61		utility established under chapter 101 or any other gas utility owned, 33
58	62		leased, maintained, operated, managed or controlled by any unit of 34
59	63		local government under any general statute or any public or special 35
60	64		act, or (C) an entity approved to submeter pursuant to section 16-19ff; 36
61	65		(6) "Water company" includes every person owning, leasing, 37
62	66		maintaining, operating, managing or controlling any pond, lake, 38
63	67		reservoir, stream, well or distributing plant or system employed for 39
64	68		the purpose of supplying water to fifty or more consumers. A water 40
65	69		company does not include homeowners, condominium associations 41
66	70		providing water only to their members, homeowners associations 42
67	71		providing water to customers at least eighty per cent of whom are 43
68	72		members of such associations, a municipal waterworks system 44
69	73		established under chapter 102, a district, metropolitan district, 45
70		-	municipal district or special services district established under chapter 46
	74	+	municipal district or special services district established under chapter 46 Raised Bill No. 7155
	75	+
	76	+
	77	+
	78	+	LCO No. 4600 3 of 17
	79	+
71	80		105, chapter 105a or any other general statute or any public or special 47
72	81		act which is authorized to supply water, or any other waterworks 48
73	82		system owned, leased, maintained, operated, managed or controlled 49
74		-	by any unit of local government under any general statute or any 50 Substitute Bill No. 7155
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	83	+	by any unit of local government under any general statute or any 50
81	84		public or special act; 51
82	85		(7) "Consumer" means any private dwelling, boardinghouse, 52
83	86		apartment, store, office building, institution, mechanical or 53
84	87		manufacturing establishment or other place of business or industry to 54
85	88		which water is supplied by a water company; 55
86	89		(8) "Sewage company" includes every person owning, leasing, 56
87	90		maintaining, operating, managing or controlling, for general use in any 57
88	91		town, city or borough, or portion thereof, in this state, sewage disposal 58
89	92		facilities which discharge treated effluent into any waterway of this 59
90	93		state; 60
91	94		(9) "Pipeline company" includes every person owning, leasing, 61
92	95		maintaining, operating, managing or controlling mains, pipes or other 62
93	96		fixtures through, over, across or under any public land, water, 63
94	97		parkways, highways, parks or public grounds for the transportation, 64
95	98		transmission or distribution of petroleum products for hire within this 65
96	99		state; 66
97	100		(10) "Community antenna television company" includes every 67
98	101		person owning, leasing, maintaining, operating, managing or 68
99	102		controlling a community antenna television system, in, under or over 69
100	103		any public street or highway, for the purpose of providing community 70
101	104		antenna television service for hire and shall include any municipality 71
102	105		which owns or operates one or more plants for the manufacture or 72
103	106		distribution of electricity pursuant to section 7-213 or any special act 73
104	107		and seeks to obtain or obtains a certificate of public convenience and 74
105	108		necessity to construct or operate a community antenna television 75
106	109		system pursuant to section 16-331 or a certificate of cable franchise 76
107	110		authority pursuant to section 16-331q. "Community antenna television 77
108		-	company" does not include a certified competitive video service 78
	111	+	company" does not include a certified competitive video service 78 Raised Bill No. 7155
	112	+
	113	+
	114	+
	115	+	LCO No. 4600 4 of 17
	116	+
109	117		provider; 79
110	118		(11) "Community antenna television service" means (A) the one-way 80
111		-	transmission to subscribers of video programming or information that 81 Substitute Bill No. 7155
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117		-
	119	+	transmission to subscribers of video programming or information that 81
118	120		a community antenna television company makes available to all 82
119	121		subscribers generally, and subscriber interaction, if any, which is 83
120	122		required for the selection of such video programming or information, 84
121	123		and (B) noncable communications service. "Community antenna 85
122	124		television service" does not include video service provided by a 86
123	125		certified competitive video service provider; 87
124	126		(12) "Community antenna television system" means a facility, 88
125	127		consisting of a set of closed transmission paths and associated signal 89
126	128		generation, reception and control equipment that is designed to 90
127	129		provide community antenna television service which includes video 91
128	130		programming and which is provided in, under or over any public 92
129	131		street or highway, for hire, to multiple subscribers within a franchise, 93
130	132		but such term does not include (A) a facility that serves only to 94
131	133		retransmit the television signals of one or more television broadcast 95
132	134		stations; (B) a facility that serves only subscribers in one or more 96
133	135		multiple unit dwellings under common ownership, control or 97
134	136		management, unless such facility is located in, under or over a public 98
135	137		street or highway; (C) a facility of a common carrier which is subject, in 99
136	138		whole or in part, to the provisions of Subchapter II of Chapter 5 of the 100
137	139		Communications Act of 1934, 47 USC 201 et seq., as amended, except 101
138	140		that such facility shall be considered a community antenna television 102
139	141		system and the carrier shall be considered a public service company to 103
140	142		the extent such facility is used in the transmission of video 104
141	143		programming directly to subscribers; or (D) a facility of an electric 105
142	144		distribution company which is used solely for operating its electric 106
143	145		distribution company systems. "Community antenna television 107
144	146		system" does not include a facility used by a certified competitive 108
145	147		video service provider to provide video service; 109
146	148		(13) "Video programming" means programming provided by, or 110
147		-	generally considered comparable to programming provided by, a 111
	149	+	generally considered comparable to programming provided by, a 111 Raised Bill No. 7155
	150	+
	151	+
	152	+
	153	+	LCO No. 4600 5 of 17
	154	+
148	155		television broadcast station; 112
149	156		(14) "Noncable communications service" means any 113
150		-	telecommunications service, as defined in section 16-247a, and which is 114 Substitute Bill No. 7155
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156		-
	157	+	telecommunications service, as defined in section 16-247a, and which is 114
157	158		not included in the definition of "cable service" in the Communications 115
158	159		Act of 1934, 47 USC 522, as amended. Nothing in this definition shall 116
159	160		be construed to affect service which is both authorized and preempted 117
160	161		pursuant to federal law; 118
161	162		(15) "Cogeneration technology" means the use for the generation of 119
162	163		electricity of exhaust steam, waste steam, heat or resultant energy from 120
163	164		an industrial, commercial or manufacturing plant or process, or the use 121
164	165		of exhaust steam, waste steam or heat from a thermal power plant for 122
165	166		an industrial, commercial or manufacturing plant or process, but shall 123
166	167		not include steam or heat developed solely for electrical power 124
167	168		generation; 125
168	169		(16) "Renewable fuel resources" means energy sources described in 126
169	170		subdivisions (20) and (21) of this subsection; 127
170	171		(17) "Telephone company" means a telecommunications company 128
171	172		that provides one or more noncompetitive or emerging competitive 129
172	173		services, as defined in section 16-247a; 130
173	174		(18) "Domestic telephone company" includes any telephone 131
174	175		company which has been chartered by or organized or constituted 132
175	176		within or under the laws of this state; 133
176	177		(19) "Telecommunications company" means a person that provides 134
177	178		telecommunications service, as defined in section 16-247a, within the 135
178	179		state, but shall not mean a person that provides only (A) private 136
179	180		telecommunications service, as defined in section 16-247a, (B) the one-137
180	181		way transmission of video programming or other programming 138
181	182		services to subscribers, (C) subscriber interaction, if any, which is 139
182	183		required for the selection of such video programming or other 140
183	184		programming services, (D) the two-way transmission of educational or 141
184		-	instructional programming to a public or private elementary or 142
	185	+	instructional programming to a public or private elementary or 142 Raised Bill No. 7155
	186	+
	187	+
	188	+
	189	+	LCO No. 4600 6 of 17
	190	+
185	191		secondary school, or a public or independent institution of higher 143
186	192		education, as required by the authority pursuant to a community 144
187		-	antenna television company franchise agreement, or provided 145 Substitute Bill No. 7155
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	193	+	antenna television company franchise agreement, or provided 145
194	194		pursuant to a contract with such a school or institution which contract 146
195	195		has been filed with the authority, or (E) a combination of the services 147
196	196		set forth in subparagraphs (B) to (D), inclusive, of this subdivision; 148
197	197		(20) "Class I renewable energy source" means (A) electricity derived 149
198	198		from (i) solar power, (ii) wind power, (iii) a fuel cell, (iv) geothermal, 150
199	199		(v) landfill methane gas, anaerobic digestion or other biogas derived 151
200	200		from biological sources, (vi) thermal electric direct energy conversion 152
201	201		from a certified Class I renewable energy source, (vii) ocean thermal 153
202	202		power, (viii) wave or tidal power, (ix) low emission advanced 154
203	203		renewable energy conversion technologies, including, but not limited 155
204	204		to, zero emission low grade heat power generation systems based on 156
205	205		organic oil free rankine, kalina or other similar nonsteam cycles that 157
206	206		use waste heat from an industrial or commercial process that does not 158
207	207		generate electricity, (x) (I) a run-of-the-river hydropower facility that 159
208	208		began operation after July 1, 2003, and has a generating capacity of not 160
209	209		more than thirty megawatts, or (II) a run-of-the-river hydropower 161
210	210		facility that received a new license after January 1, 2018, under the 162
211	211		Federal Energy Regulatory Commission rules pursuant to 18 CFR 16, 163
212	212		as amended from time to time, and provided a facility that applies for 164
213	213		certification under this clause after January 1, 2013, shall not be based 165
214	214		on a new dam or a dam identified by the commissioner as a candidate 166
215	215		for removal, and shall meet applicable state and federal requirements, 167
216	216		including applicable site-specific standards for water quality and fish 168
217	217		passage, or (xi) a biomass facility that uses sustainable biomass fuel 169
218	218		and has an average emission rate of equal to or less than .075 pounds 170
219	219		of nitrogen oxides per million BTU of heat input for the previous 171
220	220		calendar quarter, except that energy derived from a biomass facility 172
221	221		with a capacity of less than five hundred kilowatts that began 173
222	222		construction before July 1, 2003, may be considered a Class I renewable 174
223	223		energy source, or (B) any electrical generation, including distributed 175
224		-	generation, generated from a Class I renewable energy source, 176
	224	+	generation, generated from a Class I renewable energy source, 176 Raised Bill No. 7155
	225	+
	226	+
	227	+
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225	230		provided, on and after January 1, 2014, any megawatt hours of 177
226	231		electricity from a renewable energy source described under this 178
227		-	subparagraph that are claimed or counted by a load-serving entity, 179 Substitute Bill No. 7155
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	232	+	subparagraph that are claimed or counted by a load-serving entity, 179
234	233		province or state toward compliance with renewable portfolio 180
235	234		standards or renewable energy policy goals in another province or 181
236	235		state, other than the state of Connecticut, shall not be eligible for 182
237	236		compliance with the renewable portfolio standards established 183
238	237		pursuant to section 16-245a; 184
239	238		(21) "Class II renewable energy source" means electricity derived 185
240	239		from a trash-to-energy facility that has obtained a permit pursuant to 186
241	240		section 22a-208a and section 22a-174-33 of the regulations of 187
242	241		Connecticut state agencies; 188
243	242		(22) "Electric distribution services" means the owning, leasing, 189
244	243		maintaining, operating, managing or controlling of poles, wires, 190
245	244		conduits or other fixtures along public highways or streets for the 191
246	245		distribution of electricity, or electric distribution-related services; 192
247	246		(23) "Electric distribution company" or "distribution company" 193
248	247		means any person providing electric transmission or distribution 194
249	248		services within the state, but does not include: (A) A private power 195
250	249		producer, as defined in section 16-243b; (B) a municipal electric utility 196
251	250		established under chapter 101, other than a participating municipal 197
252	251		electric utility; (C) a municipal electric energy cooperative established 198
253	252		under chapter 101a; (D) an electric cooperative established under 199
254	253		chapter 597; (E) any other electric utility owned, leased, maintained, 200
255	254		operated, managed or controlled by any unit of local government 201
256	255		under any general statute or special act; (F) an electric supplier; (G) an 202
257	256		entity approved to submeter pursuant to section 16-19ff; or (H) a 203
258	257		municipality, state or federal governmental entity authorized to 204
259	258		distribute electricity across a public highway or street pursuant to 205
260	259		section 16-243aa; 206
261	260		(24) "Electric supplier" means any person, including an electric 207
262		-	aggregator or participating municipal electric utility that is licensed by 208
263		-	the Public Utilities Regulatory Authority in accordance with section 209
264		-	16-245, as amended by this act, that provides electric generation 210
265		-	services to end use customers in the state using the transmission or 211 Substitute Bill No. 7155
	261	+	aggregator or participating municipal electric utility that is licensed by 208 Raised Bill No. 7155
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271	264
272		-	distribution facilities of an electric distribution company, regardless of 212
273		-	whether or not such person takes title to such generation services, but 213
274		-	does not include: (A) A municipal electric utility established under 214
275		-	chapter 101, other than a participating municipal electric utility; (B) a 215
276		-	municipal electric energy cooperative established under chapter 101a; 216
277		-	(C) an electric cooperative established under chapter 597; or (D) any 217
278		-	other electric utility owned, leased, maintained, operated, managed or 218
279		-	controlled by any unit of local government under any general statute 219
280		-	or special act; 220
281		-	(25) "Electric aggregator" means (A) a person, municipality or 221
282		-	regional water authority that gathers together electric customers for 222
283		-	the purpose of negotiating the purchase of electric generation services 223
284		-	from an electric supplier, or (B) the Materials Innovation and Recycling 224
285		-	Authority, if it gathers together electric customers for the purpose of 225
286		-	negotiating the purchase of electric generation services from an electric 226
287		-	supplier, provided such person, municipality or authority is not 227
288		-	engaged in the purchase or resale of electric generation services, and 228
289		-	provided further such customers contract for electric generation 229
290		-	services directly with an electric supplier, and may include an electric 230
291		-	cooperative established pursuant to chapter 597; 231
292		-	(26) "Electric generation services" means electric energy, electric 232
293		-	capacity or generation-related services; 233
294		-	(27) "Electric transmission services" means electric transmission or 234
295		-	transmission-related services; 235
296		-	(28) "Generation entity or affiliate" means a corporate affiliate or a 236
297		-	separate division of an electric distribution company that provides 237
298		-	electric generation services; 238
299		-	(29) "Participating municipal electric utility" means a municipal 239
300		-	electric utility established under chapter 101 or any other electric 240
301		-	utility owned, leased, maintained, operated, managed or controlled by 241
302		-	any unit of local government under any general statute or any public 242 Substitute Bill No. 7155
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	266	+
	267	+	the Public Utilities Regulatory Authority in accordance with section 209
	268	+	16-245, that provides electric generation services to end use customers 210
	269	+	in the state using the transmission or distribution facilities of an 211
	270	+	electric distribution company, regardless of whether or not such 212
	271	+	person takes title to such generation services, but does not include: (A) 213
	272	+	A municipal electric utility established under chapter 101, other than a 214
	273	+	participating municipal electric utility; (B) a municipal electric energy 215
	274	+	cooperative established under chapter 101a; (C) an electric cooperative 216
	275	+	established under chapter 597; or (D) any other electric utility owned, 217
	276	+	leased, maintained, operated, managed or controlled by any unit of 218
	277	+	local government under any general statute or special act; 219
	278	+	(25) "Electric aggregator" means (A) a person, municipality or 220
	279	+	regional water authority that gathers together electric customers for 221
	280	+	the purpose of negotiating the purchase of electric generation services 222
	281	+	from an electric supplier, or (B) the Materials Innovation and Recycling 223
	282	+	Authority, if it gathers together electric customers for the purpose of 224
	283	+	negotiating the purchase of electric generation services from an electric 225
	284	+	supplier, provided such person, municipality or authority is not 226
	285	+	engaged in the purchase or resale of electric generation services, and 227
	286	+	provided further such customers contract for electric generation 228
	287	+	services directly with an electric supplier, and may include an electric 229
	288	+	cooperative established pursuant to chapter 597; 230
	289	+	(26) "Electric generation services" means electric energy, electric 231
	290	+	capacity or generation-related services; 232
	291	+	(27) "Electric transmission services" means electric transmission or 233
	292	+	transmission-related services; 234
	293	+	(28) "Generation entity or affiliate" means a corporate affiliate or a 235
	294	+	separate division of an electric distribution company that provides 236
	295	+	electric generation services; 237
	296	+	(29) "Participating municipal electric utility" means a municipal 238
	297	+	electric utility established under chapter 101 or any other electric 239
	298	+	utility owned, leased, maintained, operated, managed or controlled by 240 Raised Bill No. 7155
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309		-	or special act, that is authorized by the authority in accordance with 243
310		-	section 16-245c to provide electric generation services to end use 244
311		-	customers outside its service area, as defined in section 16-245c; 245
312		-	(30) "Person" means an individual, business, firm, corporation, 246
313		-	association, joint stock association, trust, partnership or limited 247
314		-	liability company; 248
315		-	(31) "Regional independent system operator" means the "ISO - New 249
316		-	England, Inc.", or its successor organization as approved by the 250
317		-	Federal Energy Regulatory Commission; 251
318		-	(32) "Certified telecommunications provider" means a person 252
319		-	certified by the authority to provide intrastate telecommunications 253
320		-	services, as defined in section 16-247a, pursuant to sections 16-247f to 254
321		-	16-247h, inclusive; 255
322		-	(33) "Gas registrant" means a person registered to sell natural gas 256
323		-	pursuant to section 16-258a; 257
324		-	(34) "Customer-side distributed resources" means (A) the generation 258
325		-	of electricity from a unit with a rating of not more than sixty-five 259
326		-	megawatts on the premises of a retail end user within the transmission 260
327		-	and distribution system including, but not limited to, fuel cells, 261
328		-	photovoltaic systems or small wind turbines, or (B) a reduction in the 262
329		-	demand for electricity on the premises of a retail end user in the 263
330		-	distribution system through methods of conservation and load 264
331		-	management, including, but not limited to, peak reduction systems 265
332		-	and demand response systems; 266
333		-	(35) "Federally mandated congestion charges" means any cost 267
334		-	approved by the Federal Energy Regulatory Commission as part of 268
335		-	New England Standard Market Design including, but not limited to, 269
336		-	locational marginal pricing, locational installed capacity payments, any 270
337		-	cost approved by the Public Utilities Regulatory Authority to reduce 271
338		-	federally mandated congestion charges in accordance with section 7-272
339		-	233y, this section, sections 16-32f, 16-50i, 16-50k, 16-50x, 16-243i to 16-273 Substitute Bill No. 7155
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	303	+
	304	+	any unit of local government under any general statute or any public 241
	305	+	or special act, that is authorized by the authority in accordance with 242
	306	+	section 16-245c to provide electric generation services to end use 243
	307	+	customers outside its service area, as defined in section 16-245c; 244
	308	+	(30) "Person" means an individual, business, firm, corporation, 245
	309	+	association, joint stock association, trust, partnership or limited 246
	310	+	liability company; 247
	311	+	(31) "Regional independent system operator" means the "ISO - New 248
	312	+	England, Inc.", or its successor organization as approved by the 249
	313	+	Federal Energy Regulatory Commission; 250
	314	+	(32) "Certified telecommunications provider" means a person 251
	315	+	certified by the authority to provide intrastate telecommunications 252
	316	+	services, as defined in section 16-247a, pursuant to sections 16-247f to 253
	317	+	16-247h, inclusive; 254
	318	+	(33) "Gas registrant" means a person registered to sell natural gas 255
	319	+	pursuant to section 16-258a; 256
	320	+	(34) "Customer-side distributed resources" means (A) the generation 257
	321	+	of electricity from a unit with a rating of not more than sixty-five 258
	322	+	megawatts on the premises of a retail end user within the transmission 259
	323	+	and distribution system including, but not limited to, fuel cells, 260
	324	+	photovoltaic systems or small wind turbines, or (B) a reduction in the 261
	325	+	demand for electricity on the premises of a retail end user in the 262
	326	+	distribution system through methods of conservation and load 263
	327	+	management, including, but not limited to, peak reduction systems 264
	328	+	and demand response systems; 265
	329	+	(35) "Federally mandated congestion charges" means any cost 266
	330	+	approved by the Federal Energy Regulatory Commission as part of 267
	331	+	New England Standard Market Design including, but not limited to, 268
	332	+	locational marginal pricing, locational installed capacity payments, any 269
	333	+	cost approved by the Public Utilities Regulatory Authority to reduce 270
	334	+	federally mandated congestion charges in accordance with section 7-271 Raised Bill No. 7155
340	335
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345	337
346		-	243q, inclusive, 16-244c, 16-245m, 16-245n and 16-245z, section 21 of 274
347		-	public act 05-1 of the June special session, subsection (f) of section 16a-275
348		-	3j and reliability must run contracts; 276
349		-	(36) "Combined heat and power system" means a system that 277
350		-	produces, from a single source, both electric power and thermal energy 278
351		-	used in any process that results in an aggregate reduction in electricity 279
352		-	use; 280
353		-	(37) "Grid-side distributed resources" means the generation of 281
354		-	electricity from a unit with a rating of not more than sixty-five 282
355		-	megawatts that is connected to the transmission or distribution system, 283
356		-	which units may include, but are not limited to, units used primarily to 284
357		-	generate electricity to meet peak demand; 285
358		-	(38) "Class III source" means the electricity output from combined 286
359		-	heat and power systems with an operating efficiency level of no less 287
360		-	than fifty per cent that are part of customer-side distributed resources 288
361		-	developed at commercial and industrial facilities in this state on or 289
362		-	after January 1, 2006, a waste heat recovery system installed on or after 290
363		-	April 1, 2007, that produces electrical or thermal energy by capturing 291
364		-	preexisting waste heat or pressure from industrial or commercial 292
365		-	processes, or the electricity savings created in this state from 293
366		-	conservation and load management programs begun on or after 294
367		-	January 1, 2006, provided on and after January 1, 2014, no such 295
368		-	programs supported by ratepayers, including programs overseen by 296
369		-	the Energy Conservation Management Board or third-party programs 297
370		-	pursuant to section 16-245m, shall be considered a Class III source, 298
371		-	except that any demand-side management project awarded a contract 299
372		-	pursuant to section 16-243m shall remain eligible as a Class III source 300
373		-	for the term of such contract; 301
374		-	(39) "Sustainable biomass fuel" means biomass that is cultivated and 302
375		-	harvested in a sustainable manner. "Sustainable biomass fuel" does not 303
376		-	mean construction and demolition waste, as defined in section 22a-304
377		-	208x, finished biomass products from sawmills, paper mills or stud 305 Substitute Bill No. 7155
	338	+	LCO No. 4600 10 of 17
	339	+
	340	+	233y, this section, sections 16-32f, 16-50i, 16-50k, 16-50x, 16-243i to 16-272
	341	+	243q, inclusive, 16-244c, 16-245m, 16-245n and 16-245z, section 21 of 273
	342	+	public act 05-1 of the June special session, subsection (f) of section 16a-274
	343	+	3j and reliability must run contracts; 275
	344	+	(36) "Combined heat and power system" means a system that 276
	345	+	produces, from a single source, both electric power and thermal energy 277
	346	+	used in any process that results in an aggregate reduction in electricity 278
	347	+	use; 279
	348	+	(37) "Grid-side distributed resources" means the generation of 280
	349	+	electricity from a unit with a rating of not more than sixty-five 281
	350	+	megawatts that is connected to the transmission or distribution system, 282
	351	+	which units may include, but are not limited to, units used primarily to 283
	352	+	generate electricity to meet peak demand; 284
	353	+	(38) "Class III source" means the electricity output from combined 285
	354	+	heat and power systems with an operating efficiency level of no less 286
	355	+	than fifty per cent that are part of customer-side distributed resources 287
	356	+	developed at commercial and industrial facilities in this state on or 288
	357	+	after January 1, 2006, a waste heat recovery system installed on or after 289
	358	+	April 1, 2007, that produces electrical or thermal energy by capturing 290
	359	+	preexisting waste heat or pressure from industrial or commercial 291
	360	+	processes, or the electricity savings created in this state from 292
	361	+	conservation and load management programs begun on or after 293
	362	+	January 1, 2006, provided on and after January 1, 2014, no such 294
	363	+	programs supported by ratepayers, including programs overseen by 295
	364	+	the Energy Conservation Management Board or third-party programs 296
	365	+	pursuant to section 16-245m, shall be considered a Class III source, 297
	366	+	except that any demand-side management project awarded a contract 298
	367	+	pursuant to section 16-243m shall remain eligible as a Class III source 299
	368	+	for the term of such contract; 300
	369	+	(39) "Sustainable biomass fuel" means biomass that is cultivated and 301
	370	+	harvested in a sustainable manner. "Sustainable biomass fuel" does not 302
	371	+	mean construction and demolition waste, as defined in section 22a-303 Raised Bill No. 7155
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383	374
384		-	mills, organic refuse fuel derived separately from municipal solid 306
385		-	waste, or biomass from old growth timber stands, except where (A) 307
386		-	such biomass is used in a biomass gasification plant that received 308
387		-	funding prior to May 1, 2006, from the Clean Energy Fund established 309
388		-	pursuant to section 16-245n, or (B) the energy derived from such 310
389		-	biomass is subject to a long-term power purchase contract pursuant to 311
390		-	subdivision (2) of subsection (j) of section 16-244c entered into prior to 312
391		-	May 1, 2006; 313
392		-	(40) "Video service" means video programming services provided 314
393		-	through wireline facilities, a portion of which are located in the public 315
394		-	right-of-way, without regard to delivery technology, including Internet 316
395		-	protocol technology. "Video service" does not include any video 317
396		-	programming provided by a commercial mobile service provider, as 318
397		-	defined in 47 USC 332(d), any video programming provided as part of 319
398		-	community antenna television service in a franchise area as of October 320
399		-	1, 2007, any video programming provided as part of and via a service 321
400		-	that enables users to access content, information, electronic mail or 322
401		-	other services over the public Internet; 323
402		-	(41) "Certified competitive video service provider" means an entity 324
403		-	providing video service pursuant to a certificate of video franchise 325
404		-	authority issued by the authority in accordance with section 16-331e. 326
405		-	"Certified competitive video service provider" does not mean an entity 327
406		-	issued a certificate of public convenience and necessity in accordance 328
407		-	with section 16-331 or the affiliates, successors and assigns of such 329
408		-	entity or an entity issued a certificate of cable franchise authority in 330
409		-	accordance with section 16-331p or the affiliates, successors and 331
410		-	assignees of such entity; 332
411		-	(42) "Certificate of video franchise authority" means an 333
412		-	authorization issued by the Public Utilities Regulatory Authority 334
413		-	conferring the right to an entity or person to own, lease, maintain, 335
414		-	operate, manage or control facilities in, under or over any public 336
415		-	highway to offer video service to any subscribers in the state; 337 Substitute Bill No. 7155
	375	+	LCO No. 4600 11 of 17
	376	+
	377	+	208x, finished biomass products from sawmills, paper mills or stud 304
	378	+	mills, organic refuse fuel derived separately from municipal solid 305
	379	+	waste, or biomass from old growth timber stands, except where (A) 306
	380	+	such biomass is used in a biomass gasification plant that received 307
	381	+	funding prior to May 1, 2006, from the Clean Energy Fund established 308
	382	+	pursuant to section 16-245n, or (B) the energy derived from such 309
	383	+	biomass is subject to a long-term power purchase contract pursuant to 310
	384	+	subdivision (2) of subsection (j) of section 16-244c entered into prior to 311
	385	+	May 1, 2006; 312
	386	+	(40) "Video service" means video programming services provided 313
	387	+	through wireline facilities, a portion of which are located in the public 314
	388	+	right-of-way, without regard to delivery technology, including Internet 315
	389	+	protocol technology. "Video service" does not include any video 316
	390	+	programming provided by a commercial mobile service provider, as 317
	391	+	defined in 47 USC 332(d), any video programming provided as part of 318
	392	+	community antenna television service in a franchise area as of October 319
	393	+	1, 2007, any video programming provided as part of and via a service 320
	394	+	that enables users to access content, information, electronic mail or 321
	395	+	other services over the public Internet; 322
	396	+	(41) "Certified competitive video service provider" means an entity 323
	397	+	providing video service pursuant to a certificate of video franchise 324
	398	+	authority issued by the authority in accordance with section 16-331e. 325
	399	+	"Certified competitive video service provider" does not mean an entity 326
	400	+	issued a certificate of public convenience and necessity in accordance 327
	401	+	with section 16-331 or the affiliates, successors and assigns of such 328
	402	+	entity or an entity issued a certificate of cable franchise authority in 329
	403	+	accordance with section 16-331p or the affiliates, successors and 330
	404	+	assignees of such entity; 331
	405	+	(42) "Certificate of video franchise authority" means an 332
	406	+	authorization issued by the Public Utilities Regulatory Authority 333
	407	+	conferring the right to an entity or person to own, lease, maintain, 334
	408	+	operate, manage or control facilities in, under or over any public 335
	409	+	highway to offer video service to any subscribers in the state; 336 Raised Bill No. 7155
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422		-	(43) "Certificate of cable franchise authority" means an authorization 338
423		-	issued by the Public Utilities Regulatory Authority pursuant to section 339
424		-	16-331q conferring the right to a community antenna television 340
425		-	company to own, lease, maintain, operate, manage or control a 341
426		-	community antenna television system in, under or over any public 342
427		-	highway to (A) offer community antenna television service in a 343
428		-	community antenna television company's designated franchise area, or 344
429		-	(B) use the public rights-of-way to offer video service in a designated 345
430		-	franchise area. The certificate of cable franchise authority shall be 346
431		-	issued as an alternative to a certificate of public convenience and 347
432		-	necessity pursuant to section 16-331 and shall only be available to a 348
433		-	community antenna television company under the terms specified in 349
434		-	sections 16-331q to 16-331aa, inclusive; 350
435		-	(44) "Thermal energy transportation company" means any person 351
436		-	authorized under any provision of the general statutes or special act to 352
437		-	furnish heat or air conditioning or both, by means of steam, heated or 353
438		-	chilled water or other medium, to lay and maintain mains, pipes or 354
439		-	other conduits, and to erect such other fixtures necessary or convenient 355
440		-	in and on the streets, highways and public grounds of any 356
441		-	municipality to carry steam, heated or chilled water or other medium 357
442		-	from such plant to the location to be served and to return the same; 358
443		-	(45) "The Connecticut Television Network" means the General 359
444		-	Assembly's state-wide twenty-four-hour state public affairs 360
445		-	programming service, separate and distinct from community access 361
446		-	channels; 362
447		-	(46) "Commissioner of Energy and Environmental Protection" 363
448		-	means the Commissioner of Energy and Environmental Protection 364
449		-	appointed pursuant to title 4, or the commissioner's designee; 365
450		-	(47) "Large-scale hydropower" means any hydropower facility that 366
451		-	(A) began operation on or after January 1, 2003, (B) is located in the 367
452		-	New England Power Pool Generation Information System geographic 368
453		-	eligibility area in accordance with Rule 2.3 of said system or an area 369 Substitute Bill No. 7155
	413	+	LCO No. 4600 12 of 17
	414	+
	415	+	(43) "Certificate of cable franchise authority" means an authorization 337
	416	+	issued by the Public Utilities Regulatory Authority pursuant to section 338
	417	+	16-331q conferring the right to a community antenna television 339
	418	+	company to own, lease, maintain, operate, manage or control a 340
	419	+	community antenna television system in, under or over any public 341
	420	+	highway to (A) offer community antenna television service in a 342
	421	+	community antenna television company's designated franchise area, or 343
	422	+	(B) use the public rights-of-way to offer video service in a designated 344
	423	+	franchise area. The certificate of cable franchise authority shall be 345
	424	+	issued as an alternative to a certificate of public convenience and 346
	425	+	necessity pursuant to section 16-331 and shall only be available to a 347
	426	+	community antenna television company under the terms specified in 348
	427	+	sections 16-331q to 16-331aa, inclusive; 349
	428	+	(44) "Thermal energy transportation company" means any person 350
	429	+	authorized under any provision of the general statutes or special act to 351
	430	+	furnish heat or air conditioning or both, by means of steam, heated or 352
	431	+	chilled water or other medium, to lay and maintain mains, pipes or 353
	432	+	other conduits, and to erect such other fixtures necessary or convenient 354
	433	+	in and on the streets, highways and public grounds of any 355
	434	+	municipality to carry steam, heated or chilled water or other medium 356
	435	+	from such plant to the location to be served and to return the same; 357
	436	+	(45) "The Connecticut Television Network" means the General 358
	437	+	Assembly's state-wide twenty-four-hour state public affairs 359
	438	+	programming service, separate and distinct from community access 360
	439	+	channels; 361
	440	+	(46) "Commissioner of Energy and Environmental Protection" 362
	441	+	means the Commissioner of Energy and Environmental Protection 363
	442	+	appointed pursuant to title 4, or the commissioner's designee; 364
	443	+	(47) "Large-scale hydropower" means any hydropower facility that 365
	444	+	(A) began operation on or after January 1, 2003, (B) is located in the 366
	445	+	New England Power Pool Generation Information System geographic 367
	446	+	eligibility area in accordance with Rule 2.3 of said system or an area 368 Raised Bill No. 7155
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459	449
460		-	abutting the northern boundary of the New England Power Pool 370
461		-	Generation Information System geographic eligibility area that is not 371
462		-	interconnected with any other control area that is not a part of the New 372
463		-	England Power Pool Generation Information System geographic 373
464		-	eligibility area, (C) delivers power into such geographic eligibility area, 374
465		-	and (D) has a generating capacity of more than thirty megawatts; 375
466		-	(48) "Energy storage system" means any commercially available 376
467		-	technology that is capable of absorbing energy, storing it for a period 377
468		-	of time and thereafter dispatching the energy, and that is capable of 378
469		-	either: (A) Using mechanical, chemical or thermal processes to store 379
470		-	electricity that is generated at one time for use at a later time; (B) 380
471		-	storing thermal energy for direct use for heating or cooling at a later 381
472		-	time in a manner that avoids the need to use electricity at a later time; 382
473		-	(C) using mechanical, chemical or thermal processes to store electricity 383
474		-	generated from renewable energy sources for use at a later time; or (D) 384
475		-	using mechanical, chemical or thermal processes to capture or harness 385
476		-	waste electricity and to store such electricity generated from 386
477		-	mechanical processes for delivery at a later time; 387
478		-	(49) "Distributed energy resource" means any (A) customer-side 388
479		-	distributed resource or grid-side distributed resource that generates 389
480		-	electricity from a Class I renewable energy source or Class III source, 390
481		-	and (B) customer-side distributed resource that reduces demand for 391
482		-	electricity through conservation and load management, energy storage 392
483		-	system which is located on the customer-side of the meter or is 393
484		-	connected to the distribution system or microgrid; [and] 394
485		-	(50) "Grid-side system enhancement" means an investment in 395
486		-	distribution system infrastructure, technology and systems designed to 396
487		-	enable the deployment of distributed energy resources and allow for 397
488		-	grid management and system balancing, including, but not limited to, 398
489		-	energy storage systems, distribution system automation and controls, 399
490		-	intelligent field systems, advanced distribution system metering, and 400
491		-	communication and systems that enable two-way power flow; [.] and 401 Substitute Bill No. 7155
	450	+	LCO No. 4600 13 of 17
	451	+
	452	+	abutting the northern boundary of the New England Power Pool 369
	453	+	Generation Information System geographic eligibility area that is not 370
	454	+	interconnected with any other control area that is not a part of the New 371
	455	+	England Power Pool Generation Information System geographic 372
	456	+	eligibility area, (C) delivers power into such geographic eligibility area, 373
	457	+	and (D) has a generating capacity of more than thirty megawatts; 374
	458	+	(48) "Energy storage system" means any commercially available 375
	459	+	technology that is capable of absorbing energy, storing it for a period 376
	460	+	of time and thereafter dispatching the energy, and that is capable of 377
	461	+	either: (A) Using mechanical, chemical or thermal processes to store 378
	462	+	electricity that is generated at one time for use at a later time; (B) 379
	463	+	storing thermal energy for direct use for heating or cooling at a later 380
	464	+	time in a manner that avoids the need to use electricity at a later time; 381
	465	+	(C) using mechanical, chemical or thermal processes to store electricity 382
	466	+	generated from renewable energy sources for use at a later time; or (D) 383
	467	+	using mechanical, chemical or thermal processes to capture or harness 384
	468	+	waste electricity and to store such electricity generated from 385
	469	+	mechanical processes for delivery at a later time; 386
	470	+	(49) "Distributed energy resource" means any (A) customer-side 387
	471	+	distributed resource or grid-side distributed resource that generates 388
	472	+	electricity from a Class I renewable energy source or Class III source, 389
	473	+	and (B) customer-side distributed resource that reduces demand for 390
	474	+	electricity through conservation and load management, energy storage 391
	475	+	system which is located on the customer-side of the meter or is 392
	476	+	connected to the distribution system or microgrid; [and] 393
	477	+	(50) "Grid-side system enhancement" means an investment in 394
	478	+	distribution system infrastructure, technology and systems designed to 395
	479	+	enable the deployment of distributed energy resources and allow for 396
	480	+	grid management and system balancing, including, but not limited to, 397
	481	+	energy storage systems, distribution system automation and controls, 398
	482	+	intelligent field systems, advanced distribution system metering, and 399
	483	+	communication and systems that enable two-way power flow; [.] and 400 Raised Bill No. 7155
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498		-	(51) "Telesales call" means any communication using a telephonic 402
499		-	device, including, but not limited to, land telephone lines and cellular 403
500		-	telephone lines, in which the purpose of the communication is to 404
501		-	inform a customer or potential customer about a product offering, 405
502		-	engage a customer or potential customer in a conversation that may 406
503		-	result in entering into a contract for services or discuss current or 407
504		-	future contract terms with a customer or potential customer. 408
505		-	Sec. 2. Section 16-245o of the general statutes is amended by adding 409
506		-	subsection (p) as follows (Effective from passage): 410
507		-	(NEW) (p) (1) Each electric supplier shall record the entirety of all 411
508		-	telesales calls with a potential residential customer, including, but not 412
509		-	limited to, all attempted and consummated sales, and retain such 413
510		-	telesales call recordings for two years after the date such recording was 414
511		-	made. 415
512		-	(2) Each electric supplier shall record the entirety of all face-to-face 416
513		-	marketing interactions with a potential residential customer, including, 417
514		-	but not limited to, all attempted and consummated sales, and retain 418
515		-	such recordings for two years after the date such recording was made. 419
516		-	(3) Each electric supplier shall conduct criminal background checks 420
517		-	on all door-to-door marketers prior to such marketer conducting 421
518		-	marketing on behalf of the electric supplier. Each electric supplier shall 422
519		-	conduct such criminal background checks at least once each year on all 423
520		-	marketers conducting door-to-door marketing on behalf of the electric 424
521		-	supplier. 425
522		-	(4) When conducting telesales calls or face-to-face marketing, each 426
523		-	electric supplier shall begin by immediately stating: (A) The name of 427
524		-	the electric supplier conducting the call; (B) that the electric supplier is 428
525		-	not affiliated with any state program and no state program encourages 429
526		-	Connecticut residents to obtain an electric supplier; (C) that the electric 430
527		-	supplier is calling the residential customer or potential residential 431
528		-	customer to market or sell electric supply service to the residential 432 Substitute Bill No. 7155
	487	+	LCO No. 4600 14 of 17
	488	+
	489	+	(51) "Telesales call" means any communication using a telephonic 401
	490	+	device, including, but not limited to, land telephone lines and cellular 402
	491	+	telephone lines, in which the purpose of the communication is to 403
	492	+	inform a customer or potential customer about a product offering, 404
	493	+	engage a customer or potential customer in a conversation that may 405
	494	+	result in entering into a contract for services or discuss current or 406
	495	+	future contract terms with a customer or potential customer. 407
	496	+	Sec. 2. Section 16-245o of the general statutes is amended by adding 408
	497	+	subsection (p) as follows (Effective from passage): 409
	498	+	(NEW) (p) (1) Each electric supplier shall record the entirety of all 410
	499	+	telesales calls with a potential customer, including, but not limited to, 411
	500	+	all attempted and consummated sales, and retain such telesales call 412
	501	+	recordings for two years after the date such recording was made. 413
	502	+	(2) Each electric supplier shall record the entirety of all face-to-face 414
	503	+	marketing interactions with a potential customer, including, but not 415
	504	+	limited to, all attempted and consummated sales, and retain such 416
	505	+	recordings for two years after the date such recording was made. 417
	506	+	(3) Each electric supplier shall conduct criminal background checks 418
	507	+	on all door-to-door marketers prior to such marketer conducting 419
	508	+	marketing on behalf of the electric supplier. Each electric supplier shall 420
	509	+	conduct such criminal background checks at least once each year on all 421
	510	+	marketers conducting door-to-door marketing on behalf of the electric 422
	511	+	supplier. 423
	512	+	(4) When conducting telesales calls or face-to-face marketing, each 424
	513	+	electric supplier shall begin by immediately stating: (A) The name of 425
	514	+	the electric supplier conducting the call; (B) that the electric supplier is 426
	515	+	not affiliated with any state program and no state program encourages 427
	516	+	Connecticut residents to obtain an electric supplier; (C) that the electric 428
	517	+	supplier is calling the customer or potential customer to market or sell 429
	518	+	electric supply service to the customer or potential customer and if the 430
	519	+	customer or potential customer assents, the telesales call or face-to-face 431
	520	+	marketing will result in the customer or potential customer 432 Raised Bill No. 7155
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535		-	customer or potential residential customer and if the residential 433
536		-	customer or potential residential customer assents, the telesales call or 434
537		-	face-to-face marketing will result in the residential customer or 435
538		-	potential residential customer immediately entering into a contract 436
539		-	with the electric supplier; (D) that such electric supplier does not 437
540		-	represent an electric distribution company and that electric 438
541		-	distribution companies do not encourage Connecticut residents to 439
542		-	obtain an electric supplier; and (E) what the standard service rate is on 440
543		-	the date of the telesales call or face-to-face marketing and that the 441
544		-	standard service rate is fixed, not variable. 442
545		-	(5) When conducting telesales calls or face-to-face marketing, no 443
546		-	electric supplier may request the account information from a potential 444
547		-	residential customer or request that a potential residential customer 445
548		-	retrieve account information or the potential residential customer's 446
549		-	electric distribution company bill prior to the residential customer or 447
550		-	potential residential customer affirmatively assenting to contract with 448
551		-	the electric supplier for a specified rate. 449
552		-	(6) Each electric supplier shall terminate any telesales call when a 450
553		-	residential customer or potential residential customer connects with 451
554		-	the third-party verification as described in subsection (b) of section 16-452
555		-	245s of the general statutes and may not remain on the telephone line 453
556		-	while the residential customer or potential residential customer 454
557		-	participates in the third-party verification. 455
558		-	(7) Each electric supplier shall process a residential customer's 456
559		-	enrollment or reenrollment and submit such enrollment to the electric 457
560		-	distribution company within five calendar days of the residential 458
561		-	customer consenting to enroll. Enrollments processed and sent to the 459
562		-	electric distribution company after five calendar days shall be 460
563		-	considered invalid enrollments. 461
564		-	Sec. 3. Subsection (a) of section 16-41 of the general statutes is 462
565		-	repealed and the following is substituted in lieu thereof (Effective from 463
566		-	passage): 464 Substitute Bill No. 7155
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	525	+
	526	+	immediately entering into a contract with the electric supplier; (D) that 433
	527	+	such electric supplier does not represent an electric distribution 434
	528	+	company and that electric distribution companies do not encourage 435
	529	+	Connecticut residents to obtain an electric supplier; and (E) what the 436
	530	+	standard service rate is on the date of the telesales call or face-to-face 437
	531	+	marketing and that the standard service rate is fixed, not variable. 438
	532	+	(5) When conducting telesales calls or face-to-face marketing, no 439
	533	+	electric supplier may request the account information from a potential 440
	534	+	customer or request that a potential customer retrieve account 441
	535	+	information or the potential customer's electric distribution company 442
	536	+	bill prior to the customer or potential customer affirmatively assenting 443
	537	+	to contract with the electric supplier for a specified rate. 444
	538	+	(6) Each electric supplier shall terminate any telesales call when a 445
	539	+	customer or potential customer connects with the third-party 446
	540	+	verification as described in subsection (b) of section 16-234s of the 447
	541	+	general statutes and may not remain on the telephone line while the 448
	542	+	customer or potential customer participates in the third-party 449
	543	+	verification. 450
	544	+	(7) Each electric supplier shall process a customer's enrollment or 451
	545	+	reenrollment and submit such enrollment to the electric distribution 452
	546	+	company within five calendar days of the customer consenting to 453
	547	+	enroll. Enrollments processed and sent to the electric distribution 454
	548	+	company after five calendar days shall be considered invalid 455
	549	+	enrollments. 456
	550	+	Sec. 3. Subsection (a) of section 16-41 of the general statutes is 457
	551	+	repealed and the following is substituted in lieu thereof (Effective from 458
	552	+	passage): 459
	553	+	(a) Each (1) public service company and its officers, agents and 460
	554	+	employees, (2) electric supplier or person providing electric generation 461
	555	+	services without a license in violation of section 16-245, as amended by 462
	556	+	this act, and its officers, agents and employees, (3) certified 463
	557	+	telecommunications provider or person providing telecommunications 464 Raised Bill No. 7155
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573		-	(a) Each (1) public service company and its officers, agents and 465
574		-	employees, (2) electric supplier or person providing electric generation 466
575		-	services without a license in violation of section 16-245, as amended by 467
576		-	this act, and its officers, agents and employees, (3) certified 468
577		-	telecommunications provider or person providing telecommunications 469
578		-	services without authorization pursuant to sections 16-247f to 16-247h, 470
579		-	inclusive, and its officers, agents and employees, (4) person, public 471
580		-	agency or public utility, as such terms are defined in section 16-345, 472
581		-	subject to the requirements of chapter 293, (5) person subject to the 473
582		-	registration requirements under section 16-258a, (6) cellular mobile 474
583		-	telephone carrier, as described in section 16-250b, (7) Connecticut 475
584		-	electric efficiency partner, as defined in section 16-243v, (8) company, 476
585		-	as defined in section 16-49, and (9) entity approved to submeter 477
586		-	pursuant to section 16-19ff shall obey, observe and comply with all 478
587		-	applicable provisions of this title and each applicable order made or 479
588		-	applicable regulations adopted by the Public Utilities Regulatory 480
589		-	Authority by virtue of this title as long as the same remains in force. 481
590		-	Any such company, electric supplier, certified telecommunications 482
591		-	provider, cellular mobile telephone carrier, Connecticut electric 483
592		-	efficiency partner, entity approved to submeter, person, any officer, 484
593		-	agent or employee thereof, public agency or public utility which the 485
594		-	authority finds has failed to obey or comply with any such provision of 486
595		-	this title, order or regulation shall be fined, ordered to pay restitution 487
596		-	to customers or ordered to pay a combination of a fine and restitution 488
597		-	by order of the authority in accordance with the penalty prescribed for 489
598		-	the violated provision of this title or, if no penalty is prescribed, not 490
599		-	more than ten thousand dollars for each offense, except that the 491
600		-	penalty shall be a fine, restitution to customers or a combination of a 492
601		-	fine and restitution of not more than forty thousand dollars for failure 493
602		-	to comply with an order of the authority made in accordance with the 494
603		-	provisions of section 16-19 or 16-247k or within thirty days of such 495
604		-	order or within any specific time period for compliance specified in 496
605		-	such order. Each distinct violation of any such provision of this title, 497
606		-	order or regulation shall be a separate offense and, in case of a 498
607		-	continued violation, each day thereof shall be deemed a separate 499 Substitute Bill No. 7155
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	562	+
	563	+	services without authorization pursuant to sections 16-247f to 16-247h, 465
	564	+	inclusive, and its officers, agents and employees, (4) person, public 466
	565	+	agency or public utility, as such terms are defined in section 16-345, 467
	566	+	subject to the requirements of chapter 293, (5) person subject to the 468
	567	+	registration requirements under section 16-258a, (6) cellular mobile 469
	568	+	telephone carrier, as described in section 16-250b, (7) Connecticut 470
	569	+	electric efficiency partner, as defined in section 16-243v, (8) company, 471
	570	+	as defined in section 16-49, and (9) entity approved to submeter 472
	571	+	pursuant to section 16-19ff shall obey, observe and comply with all 473
	572	+	applicable provisions of this title and each applicable order made or 474
	573	+	applicable regulations adopted by the Public Utilities Regulatory 475
	574	+	Authority by virtue of this title as long as the same remains in force. 476
	575	+	Any such company, electric supplier, certified telecommunications 477
	576	+	provider, cellular mobile telephone carrier, Connecticut electric 478
	577	+	efficiency partner, entity approved to submeter, person, any officer, 479
	578	+	agent or employee thereof, public agency or public utility which the 480
	579	+	authority finds has failed to obey or comply with any such provision of 481
	580	+	this title, order or regulation shall be fined, ordered to pay restitution 482
	581	+	to customers or ordered to pay a combination of a fine and restitution 483
	582	+	by order of the authority in accordance with the penalty prescribed for 484
	583	+	the violated provision of this title or, if no penalty is prescribed, not 485
	584	+	more than ten thousand dollars for each offense, except that the 486
	585	+	penalty shall be a fine, restitution to customers or a combination of a 487
	586	+	fine and restitution of not more than forty thousand dollars for failure 488
	587	+	to comply with an order of the authority made in accordance with the 489
	588	+	provisions of section 16-19 or 16-247k or within thirty days of such 490
	589	+	order or within any specific time period for compliance specified in 491
	590	+	such order. Each distinct violation of any such provision of this title, 492
	591	+	order or regulation shall be a separate offense and, in case of a 493
	592	+	continued violation, each day thereof shall be deemed a separate 494
	593	+	offense. Each such penalty and any interest charged pursuant to 495
	594	+	subsection (g) or (h) of section 16-49 shall be excluded from operating 496
	595	+	expenses for purposes of rate-making. 497
	596	+	Sec. 4. Subsection (j) of section 16-245 of the general statutes is 498 Raised Bill No. 7155
608	597
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613	599
614		-	offense. Each such penalty and any interest charged pursuant to 500
615		-	subsection (g) or (h) of section 16-49 shall be excluded from operating 501
616		-	expenses for purposes of rate-making. 502
617		-	Sec. 4. Subsection (j) of section 16-245 of the general statutes is 503
618		-	repealed and the following is substituted in lieu thereof (Effective from 504
619		-	passage): 505
620		-	(j) No license may be transferred or customers assigned or 506
621		-	transferred without the prior approval of the authority. The authority 507
622		-	may assess additional licensing fees to pay the administrative costs of 508
623		-	reviewing a request for such transfer. 509
624		-	Sec. 5. Subdivision (8) of subsection (h) of section 16-245o of the 510
625		-	general statutes is repealed and the following is substituted in lieu 511
626		-	thereof (Effective from passage): 512
627		-	(8) An electric supplier shall not make a material change in the 513
628		-	terms or duration of any contract for the provision of electric 514
629		-	generation services by an electric supplier without the express consent 515
630		-	of the customer. (A) An electric supplier may renew a contract with a 516
631		-	residential customer, subject to the requirements of this subparagraph. 517
632		-	An electric supplier shall clearly inform a residential customer, in 518
633		-	writing, not less than thirty days or more than sixty days before the 519
634		-	renewal date, of the renewal terms, including a summary of any new 520
635		-	or altered terms, including, but not limited to, the current rate and the 521
636		-	new rate, and of the option not to accept the renewal offer. The 522
637		-	contract may only be renewed if the residential customer affirmatively 523
638		-	and expressly consents to the renewal by providing either a written or 524
639		-	electronic signature, provided no fee pursuant to subdivision (7) of this 525
640		-	subsection shall be charged to a residential customer who terminates 526
641		-	or cancels such renewal within the first two billing cycles of the 527
642		-	renewed contract. If the residential customer does not affirmatively 528
643		-	and expressly consent to the renewal by providing either a written or 529
644		-	electronic signature, the residential customer shall be placed on the 530
645		-	standard service provided pursuant to section 16-244c at the expiration 531 Substitute Bill No. 7155
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652		-	of the residential customer's current contract with an electric supplier 532
653		-	for the provision of electric generation services. (B) Nothing in this 533
654		-	subdivision shall restrict an electric supplier from renewing a contract 534
655		-	with a customer who is not a residential customer by clearly informing 535
656		-	the customer, in writing, not less than thirty days or more than sixty 536
657		-	days before the renewal date, of the renewal terms, including a 537
658		-	summary of any new or altered terms, and of the option not to accept 538
659		-	the renewal offer, provided no fee pursuant to subdivision (7) of this 539
660		-	subsection shall be charged to a customer who terminates or cancels 540
661		-	such renewal within the first two billing cycles of the renewed 541
662		-	contract. 542
	602	+	repealed and the following is substituted in lieu thereof (Effective from 499
	603	+	passage): 500
	604	+	(j) No license may be transferred or customers assigned or 501
	605	+	transferred without the prior approval of the authority. The authority 502
	606	+	may assess additional licensing fees to pay the administrative costs of 503
	607	+	reviewing a request for such transfer. 504
663	608		This act shall take effect as follows and shall amend the following
664	609		sections:
665	610
666	611		Section 1 from passage 16-1(a)
667	612		Sec. 2 from passage 16-245o
668	613		Sec. 3 from passage 16-41(a)
669	614		Sec. 4 from passage 16-245(j)
670		-	Sec. 5 from passage 16-245o(h)(8)
671	615
672		-	ET Joint Favorable Subst.
	616	+	Statement of Purpose:
	617	+	To (1) define "telesales call", (2) add requirements for electric suppliers
	618	+	regarding telesales calls and face-to-face marketing, to (3) permit the
	619	+	Public Utilities Regulatory Authority to order fines, restitution to
	620	+	customers or a combination of fines and restitution, and (4) prohibit
	621	+	the assignment or transfer of customers without prior approval of the
	622	+	authority.
	623	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	624	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	625	+	not underlined.]
673	626