LCO No. 4562 1 of 11
General Assembly Raised Bill No. 887
January Session, 2019
LCO No. 4562
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING PE RSONS INVOLVED IN THE
TRANSPORTATION OF NA TURAL GAS AND REQUIR EMENTS FOR
OPERATOR QUALIFICATI ON OF INDIVIDUALS PERFORMING
COVERED TASKS ON A P IPELINE FACILITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16-7 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
The utility commissioners of the Public Utilities Regulatory 3
Authority, or their designees, while engaged in the performance of 4
their duties may, at all reasonable times, enter any premises, buildings, 5
cars, plants or other places belonging to or controlled by any public 6
service company, [or] electric supplier or person involved in the 7
transportation of gas, as such terms are defined in section 16-280a, and 8
any person obstructing or in any way causing to be obstructed or 9
hindered any utility commissioner of the Public Utilities Regulatory 10
Authority or employee of the Public Utilities Regulatory Authority in 11
the performance of his or her duties shall be fined not more than two 12
hundred dollars or imprisoned not more than six months, or both. 13 Raised Bill No. 887
LCO No. 4562 2 of 11
Sec. 2. Section 16-8a of the general statutes is repealed and the 14
following is substituted in lieu thereof (Effective from passage): 15
(a) No public service company, as defined in section 16-1, holding 16
company, as defined in section 16-47, person involved in the 17
transportation of gas, as such terms are defined in section 16-280a, or 18
Nuclear Regulatory Commission licensee operating a nuclear power 19
generating facility in this state, or person, firm, corporation, contractor 20
or subcontractor directly or indirectly providing goods or services to 21
such public service company, holding company, person involved in 22
the transportation of gas, as such terms are defined in section 16-280a, 23
or licensee, may take or threaten to take any retaliatory action against 24
an employee for the employee's disclosure of (1) any matter involving 25
the substantial misfeasance, malfeasance or nonfeasance in the 26
management of such public service company, holding company , 27
person involved in the transportation of gas, as such terms are defined 28
in section 16-280a, or licensee, or (2) information pursuant to section 29
31-51m. Any employee found to have knowingly made a false 30
disclosure shall be subject to disciplinary action by the employee's 31
employer, up to and including dismissal. 32
(b) Any employee of such a public service company, holding 33
company, person involved in the transportation of gas, as such terms 34
are defined in section 16-280a, or licensee, or of any person, firm, 35
corporation, contractor or subcontractor directly or indirectly 36
providing goods or services to such a public service company, holding 37
company, person involved in the transportation of gas, as such terms 38
are defined in section 16-280a, or licensee, having knowledge of any of 39
the following may transmit all facts and information in the employee's 40
possession to the Public Utilities Regulatory Authority: (1) Any matter 41
involving substantial misfeasance, malfeasance or nonfeasance in the 42
management of such public service company, holding company, 43
person involved in the transportation of gas, as such terms are defined 44
in section 16-280a, or licensee; or (2) any matter involving retaliatory 45
action or the threat of retaliatory action taken against an employee 46
who has reported the misfeasance, malfeasance or nonfeasance, in the 47 Raised Bill No. 887
LCO No. 4562 3 of 11
management of such public service company, holding company , 48
person involved in the transportation of gas, as such terms are defined 49
in section 16-280a, or licensee. With regard to any matter described in 50
subdivision (1) of this subsection, the authority shall investigate such 51
matter in accordance with the provisions of section 16-8 and shall not 52
disclose the identity of such employee without the employee's consent 53
unless it determines that such disclosure is unavoidable during the 54
course of the investigation. With regard to any matter described in 55
subdivision (2) of this subsection, the matter shall be handled in 56
accordance with the procedures set forth in subsections (c) and (d) of 57
this section. 58
(c) (1) Not more than ninety business days after receipt of a written 59
complaint, in a form prescribed by the authority, by an employee 60
alleging the employee's employer has retaliated against an employee 61
in violation of subsection (a) of this section, the authority shall make a 62
preliminary finding in accordance with this subsection. 63
(2) Not more than five business days after receiving a written 64
complaint, in a form prescribed by the authority, the authority shall 65
notify the employer by certified mail. Such notification shall include a 66
description of the nature of the charges and the substance of any 67
relevant supporting evidence. The employer may submit a written 68
response and both the employer and the employee may present 69
rebuttal statements in the form of affidavits from witnesses and 70
supporting documents and may meet with the authority informally to 71
respond verbally about the nature of the employee's charges. The 72
authority shall consider in making its preliminary finding as provided 73
in subdivision (3) of this subsection any such written and verbal 74
responses, including affidavits and supporting documents, received by 75
the authority not more than twenty business days after the employer 76
receives such notice. Any such response received after twenty business 77
days shall be considered by the authority only upon a showing of good 78
cause and at the discretion of the authority. The authority shall make 79
its preliminary finding as provided in subdivision (3) of this subsection 80
based on information described in this subdivision, without a public 81 Raised Bill No. 887
LCO No. 4562 4 of 11
hearing. 82
(3) Unless the authority finds by clear and convincing evidence that 83
the adverse employment action was taken for a reason unconnected 84
with the employee's report of substantial misfeasance, malfeasance or 85
nonfeasance, there shall be a rebuttable presumption that an employee 86
was retaliated against in violation of subsection (a) of this section if the 87
authority finds that: (A) The employee had reported substantial 88
misfeasance, malfeasance or nonfeasance in the management of the 89
public service company, holding company, person involved in the 90
transportation of gas, as such terms are defined in section 16-280a, or 91
licensee; (B) the employee was subsequently discharged, suspended, 92
demoted or otherwise penalized by having the employee's status of 93
employment changed by the employee's employer; and (C) the 94
subsequent discharge, suspension, demotion or other penalty followed 95
the employee's report closely in time. 96
(4) If such findings are made, the authority shall issue an order 97
requiring the employer to immediately return the employee to the 98
employee's previous position of employment or an equivalent position 99
pending the completion of the authority's full investigatory proceeding 100
pursuant to subsection (d) of this section. 101
(d) Not later than thirty days after making a preliminary finding in 102
accordance with the provisions of subsection (c) of this section, the 103
authority shall initiate a full investigatory proceeding in accordance 104
with the provisions of section 16-8, at which time the employer shall 105
have the opportunity to rebut the presumption. The authority may 106
issue orders, impose civil penalties, order payment of back pay or 107
award attorneys' fees in a manner that conforms with the notice and 108
hearing provisions in section 16-41 against a public service company, 109
holding company, person involved in the transportation of gas, as such 110
terms are defined in section 16-280a, or licensee or a person, firm, 111
corporation, contractor or subcontractor directly or indirectly 112
providing goods or services to such public service company, holding 113
company, person involved in the transportation of gas, as such terms 114 Raised Bill No. 887
LCO No. 4562 5 of 11
are defined in section 16-280a, or licensee, in order to enforce the 115
provisions of this section. 116
(e) If an employee or former employee of such a public service 117
company, holding company, person involved in the transportation of 118
gas, as such terms are defined in section 16-280a, or licensee, or of a 119
person, firm, corporation, contractor or subcontractor directly or 120
indirectly providing goods or services to such a public service 121
company, holding company, person involved in the transportation of 122
gas, as such terms are defined in section 16-280a, or licensee, having 123
knowledge of any matter involving the substantial misfeasance, 124
malfeasance or nonfeasance in the management of such public service 125
company, holding company, person involved in the transportation of 126
gas, as such terms are defined in section 16-280a, or licensee, enters 127
into an agreement with the employee's employer that contains a 128
provision directly or indirectly discouraging the employee from 129
presenting a written complaint or testimony concerning such 130
misfeasance, malfeasance or nonfeasance in any legislative, 131
administrative or judicial proceeding, such provision shall be void as 132
against public policy. 133
(f) The Public Utilities Regulatory Authority shall adopt regulations, 134
in accordance with chapter 54, to carry out the provisions of this 135
section. Such regulations shall include the following: (1) The 136
procedures by which a complaint may be brought pursuant to 137
subsection (a) of this section; (2) the time period in which such a 138
complaint may be brought; (3) the time period by which the authority 139
shall render a decision pursuant to subsection (d) of this section; (4) the 140
form on which written complaints shall be submitted to the authority 141
by an employee pursuant to subsection (c) of this section; and (5) the 142
requirement that a notice be posted in the workplace informing all 143
employees of any public service company, holding company, person 144
involved in the transportation of gas, as such terms are defined in 145
section 16-280a, and licensee and of any person, firm, corporation, 146
contractor or subcontractor directly or indirectly providing goods or 147
services to a company or licensee, as defined in subsection (b) of this 148 Raised Bill No. 887
LCO No. 4562 6 of 11
section, of their rights under this section, including the right to be 149
reinstated in accordance with subsection (c) of this section. 150
Sec. 3. Section 16-11 of the general statutes is repealed and the 151
following is substituted in lieu thereof (Effective from passage): 152
The Public Utilities Regulatory Authority shall, so far as is 153
practicable, keep fully informed as to the condition of the plant, 154
equipment and manner of operation of all public service companies 155
and persons involved in the transportation of gas, as such terms are 156
defined in section 16-280a, in respect to their adequacy and suitability 157
to accomplish the duties imposed upon such companies by law and in 158
respect to their relation to the safety of the public and of the employees 159
of such companies. The authority may order such reasonable 160
improvements, repairs or alterations in such plant or equipment, or 161
such changes in the manner of operation, as may be reasonably 162
necessary in the public interest. The general purposes of this section 163
and sections 16-19, 16-25, 16-43 and 16-47 are to assure to the state of 164
Connecticut its full powers to regulate its public service companies, to 165
increase the powers of the Public Utilities Regulatory Authority and to 166
promote local control of the public service companies of this state, and 167
said sections shall be so construed as to effectuate these purposes. 168
Sec. 4. Section 16-16 of the general statutes is repealed and the 169
following is substituted in lieu thereof (Effective from passage): 170
Each public service company, [and] electric supplier and person 171
involved in the transportation of gas, as such terms are defined in 172
section 16-280a, subject to regulation by the Public Utilities Regulatory 173
Authority shall, in the event of any accident attended with personal 174
injury or involving public safety, which was or may have been 175
connected with or due to the operation of its or his property, or caused 176
by contact with the wires of any public service company or electric 177
supplier, notify the authority thereof, by telephone or otherwise, as 178
soon as may be reasonably possible after the occurrence of such 179
accident, unless such accident is a minor accident, as defined by 180 Raised Bill No. 887
LCO No. 4562 7 of 11
regulations of the authority. Each such person, company or electric 181
supplier shall report such minor accidents to the authority in writing, 182
in summary form, once each month. If notice of such accident, other 183
than a minor accident, is given otherwise than in writing, it shall be 184
confirmed in writing within five days after the occurrence of such 185
accident. Any person, company or electric supplier failing to comply 186
with the provisions of this section shall be fined not more than five 187
hundred dollars for each offense. 188
Sec. 5. Subsection (a) of section 16-41 of the general statutes is 189
repealed and the following is substituted in lieu thereof (Effective from 190
passage): 191
(a) Each (1) public service company and its officers, agents and 192
employees, (2) electric supplier or person providing electric generation 193
services without a license in violation of section 16-245, and its officers, 194
agents and employees, (3) certified telecommunications provider or 195
person providing telecommunications services without authorization 196
pursuant to sections 16-247f to 16-247h, inclusive, and its officers, 197
agents and employees, (4) person, public agency or public utility, as 198
such terms are defined in section 16-345, subject to the requirements of 199
chapter 293, (5) person subject to the registration requirements under 200
section 16-258a, (6) cellular mobile telephone carrier, as described in 201
section 16-250b, (7) Connecticut electric efficiency partner, as defined 202
in section 16-243v, (8) company, as defined in section 16-49, [and] (9) 203
entity approved to submeter pursuant to section 16-19ff, and (10) 204
person involved in the transportation of gas, as such terms are defined 205
in section 16-280a, shall obey, observe and comply with all applicable 206
provisions of this title and each applicable order made or applicable 207
regulations adopted by the Public Utilities Regulatory Authority by 208
virtue of this title as long as the same remains in force. Any such 209
company, electric supplier, certified telecommunications provider, 210
cellular mobile telephone carrier, Connecticut electric efficiency 211
partner, entity approved to submeter, person, any officer, agent or 212
employee thereof, public agency or public utility which the authority 213
finds has failed to obey or comply with any such provision of this title, 214 Raised Bill No. 887
LCO No. 4562 8 of 11
order or regulation shall be fined by order of the authority in 215
accordance with the penalty prescribed for the violated provision of 216
this title or, if no penalty is prescribed, not more than ten thousand 217
dollars for each offense, except that the penalty shall be a fine of not 218
more than forty thousand dollars for failure to comply with an order of 219
the authority made in accordance with the provisions of section 16-19 220
or 16-247k or within thirty days of such order or within any specific 221
time period for compliance specified in such order. Each distinct 222
violation of any such provision of this title, order or regulation shall be 223
a separate offense and, in case of a continued violation, each day 224
thereof shall be deemed a separate offense. Each such penalty and any 225
interest charged pursuant to subsection (g) or (h) of section 16-49 shall 226
be excluded from operating expenses for purposes of rate-making. 227
Sec. 6. Section 16-280e of the general statutes is repealed and the 228
following is substituted in lieu thereof (Effective from passage): 229
(a) Any person that violates any provision of the federal act, any 230
regulation issued under the federal act, any provision of this chapter or 231
any regulation adopted by the authority pursuant to subsection (b) or 232
(c) of section 16-280b, shall be subject to a civil penalty not to exceed 233
the higher of the maximum civil penalty provided under 49 USC 234
60122(a), as amended, or 49 CFR 190.223(a), as amended from time to 235
time. 236
(b) Any such civil penalty may be compromised by the Public 237
Utilities Regulatory Authority. In determining the amount of such 238
penalty, or the amount agreed upon in compromise, the authority shall 239
consider the criteria set forth in 49 USC 60122(b), as amended. 240
(c) Nothing in this section shall be construed to limit the penalties 241
available under section 16-33. 242
Sec. 7. (NEW) (Effective from passage) (a) For purposes of this section: 243
(1) "Covered task" means an activity that is performed on a pipeline 244
facility and that affects the safety or integrity of the pipeline; and 245 Raised Bill No. 887
LCO No. 4562 9 of 11
(2) "Evaluation" means a process, established and documented by 246
the operator, to determine an individual's ability to perform a covered 247
task by a (A) a written or oral examination, and (B) observation during 248
performance on the job or simulations. 249
(b) In addition to the minimum requirements for operator 250
qualification of individuals performing covered tasks on a pipeline 251
facility pursuant to 49 CFR 192, Subpart N, the requirements of this 252
section shall be applicable to such operators in the state. 253
(c) Each operator shall: 254
(1) Evaluate an individual if the operator has reason to believe that 255
the individual did not correctly perform a covered task; 256
(2) Train all individuals to ensure that individuals performing 257
covered tasks have the necessary knowledge and skills to perform 258
covered tasks in a manner that ensures the safe operation of pipeline 259
facilities; 260
(3) Document in a plan the training requirements, including, but not 261
limited to, the minimum training time for each covered task; 262
(4) Conduct evaluations more than forty-eight hours after training; 263
(5) Ensure that the evaluation process is performed by operator 264
personnel or independent third-party contractors; 265
(6) Ensure that the evaluation process evaluates task-specific 266
abnormal operating conditions; 267
(7) Ensure that inspectors are qualified for the covered tasks they 268
are inspecting; 269
(8) Ensure that the training and evaluation process is specific to the 270
operator's plans, procedures and standards; and 271
(9) Ensure that the written qualification program includes a training 272
and evaluation process for personnel performing engineering tasks. 273 Raised Bill No. 887
LCO No. 4562 10 of 11
Sec. 8. (NEW) (Effective from passage) (a) Any person involved in the 274
transportation of gas, as such terms are defined in section 16-280a of 275
the general statutes, except persons involved in the transportation of 276
propane, shall utilize geographic information systems to map all of 277
such person's pipeline facilities, as defined in section 16-280a of the 278
general statutes. 279
(b) Any person involved in the transportation of gas, as such terms 280
are defined in section 16-280a of the general statutes, except persons 281
involved in the transportation of propane, shall provide remote real-282
time read-only access to all of such person's electronic systems, if the 283
authority determines that such access will be beneficial in keeping the 284
authority fully informed as to the condition of a plant, equipment and 285
manner of operation pursuant to section 16-11 of the general statutes. 286
Sec. 9. (NEW) (Effective from passage) On or before October 1, 2019, 287
and on or before October first of each year thereafter, any person 288
involved in the transportation of gas, as such terms are defined in 289
section 16-280a of the general statutes, except persons involved in the 290
transportation of natural gas, shall submit to the authority, on a form 291
prescribed by the authority, information the authority deems relevant 292
about such person's propane distribution systems that are subject to 293
the jurisdiction of the authority. Any changes to such information 294
submitted shall be submitted to the authority within thirty days of 295
such change. 296
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 16-7
Sec. 2 from passage 16-8a
Sec. 3 from passage 16-11
Sec. 4 from passage 16-16
Sec. 5 from passage 16-41(a)
Sec. 6 from passage 16-280e
Sec. 7 from passage New section
Sec. 8 from passage New section
Sec. 9 from passage New section Raised Bill No. 887
LCO No. 4562 11 of 11
Statement of Purpose:
To (1) make certain provisions concerning the Public Utilities
Regulatory Authority's right to enter, protections from retaliation, the
authority's knowledge of the condition of plants, equipment and
operations, reporting of accidents and certain civil penalties applicable
to persons involved in the transportation of gas, (2) add to the federal
minimum requirements for operator qualification of individuals
performing covered tasks on a pipeline facility, (3) add requirements
for certain persons involved in the transportation of gas concerning
utilization of geographic information systems and provision of access
to electronic systems to the authority, and (4) add requirements for
certain persons involved in the transportation of gas concerning
submission of information to the authority.
[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.]