Connecticut 2019 Regular Session

Connecticut Senate Bill SB00887 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 4562 1 of 11
4	4
5	5	General Assembly Raised Bill No. 887
6	6	January Session, 2019
7	7	LCO No. 4562
8	8
9	9
10	10	Referred to Committee on ENERGY AND TECHNOLOGY
11	11
12	12
13	13	Introduced by:
14	14	(ET)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING PE RSONS INVOLVED IN THE
20	20	TRANSPORTATION OF NA TURAL GAS AND REQUIR EMENTS FOR
21	21	OPERATOR QUALIFICATI ON OF INDIVIDUALS PERFORMING
22	22	COVERED TASKS ON A P IPELINE FACILITY.
23	23	Be it enacted by the Senate and House of Representatives in General
24	24	Assembly convened:
25	25
26	26	Section 1. Section 16-7 of the general statutes is repealed and the 1
27	27	following is substituted in lieu thereof (Effective from passage): 2
28	28	The utility commissioners of the Public Utilities Regulatory 3
29	29	Authority, or their designees, while engaged in the performance of 4
30	30	their duties may, at all reasonable times, enter any premises, buildings, 5
31	31	cars, plants or other places belonging to or controlled by any public 6
32	32	service company, [or] electric supplier or person involved in the 7
33	33	transportation of gas, as such terms are defined in section 16-280a, and 8
34	34	any person obstructing or in any way causing to be obstructed or 9
35	35	hindered any utility commissioner of the Public Utilities Regulatory 10
36	36	Authority or employee of the Public Utilities Regulatory Authority in 11
37	37	the performance of his or her duties shall be fined not more than two 12
38	38	hundred dollars or imprisoned not more than six months, or both. 13 Raised Bill No. 887
39	39
40	40
41	41
42	42	LCO No. 4562 2 of 11
43	43
44	44	Sec. 2. Section 16-8a of the general statutes is repealed and the 14
45	45	following is substituted in lieu thereof (Effective from passage): 15
46	46	(a) No public service company, as defined in section 16-1, holding 16
47	47	company, as defined in section 16-47, person involved in the 17
48	48	transportation of gas, as such terms are defined in section 16-280a, or 18
49	49	Nuclear Regulatory Commission licensee operating a nuclear power 19
50	50	generating facility in this state, or person, firm, corporation, contractor 20
51	51	or subcontractor directly or indirectly providing goods or services to 21
52	52	such public service company, holding company, person involved in 22
53	53	the transportation of gas, as such terms are defined in section 16-280a, 23
54	54	or licensee, may take or threaten to take any retaliatory action against 24
55	55	an employee for the employee's disclosure of (1) any matter involving 25
56	56	the substantial misfeasance, malfeasance or nonfeasance in the 26
57	57	management of such public service company, holding company , 27
58	58	person involved in the transportation of gas, as such terms are defined 28
59	59	in section 16-280a, or licensee, or (2) information pursuant to section 29
60	60	31-51m. Any employee found to have knowingly made a false 30
61	61	disclosure shall be subject to disciplinary action by the employee's 31
62	62	employer, up to and including dismissal. 32
63	63	(b) Any employee of such a public service company, holding 33
64	64	company, person involved in the transportation of gas, as such terms 34
65	65	are defined in section 16-280a, or licensee, or of any person, firm, 35
66	66	corporation, contractor or subcontractor directly or indirectly 36
67	67	providing goods or services to such a public service company, holding 37
68	68	company, person involved in the transportation of gas, as such terms 38
69	69	are defined in section 16-280a, or licensee, having knowledge of any of 39
70	70	the following may transmit all facts and information in the employee's 40
71	71	possession to the Public Utilities Regulatory Authority: (1) Any matter 41
72	72	involving substantial misfeasance, malfeasance or nonfeasance in the 42
73	73	management of such public service company, holding company, 43
74	74	person involved in the transportation of gas, as such terms are defined 44
75	75	in section 16-280a, or licensee; or (2) any matter involving retaliatory 45
76	76	action or the threat of retaliatory action taken against an employee 46
77	77	who has reported the misfeasance, malfeasance or nonfeasance, in the 47 Raised Bill No. 887
78	78
79	79
80	80
81	81	LCO No. 4562 3 of 11
82	82
83	83	management of such public service company, holding company , 48
84	84	person involved in the transportation of gas, as such terms are defined 49
85	85	in section 16-280a, or licensee. With regard to any matter described in 50
86	86	subdivision (1) of this subsection, the authority shall investigate such 51
87	87	matter in accordance with the provisions of section 16-8 and shall not 52
88	88	disclose the identity of such employee without the employee's consent 53
89	89	unless it determines that such disclosure is unavoidable during the 54
90	90	course of the investigation. With regard to any matter described in 55
91	91	subdivision (2) of this subsection, the matter shall be handled in 56
92	92	accordance with the procedures set forth in subsections (c) and (d) of 57
93	93	this section. 58
94	94	(c) (1) Not more than ninety business days after receipt of a written 59
95	95	complaint, in a form prescribed by the authority, by an employee 60
96	96	alleging the employee's employer has retaliated against an employee 61
97	97	in violation of subsection (a) of this section, the authority shall make a 62
98	98	preliminary finding in accordance with this subsection. 63
99	99	(2) Not more than five business days after receiving a written 64
100	100	complaint, in a form prescribed by the authority, the authority shall 65
101	101	notify the employer by certified mail. Such notification shall include a 66
102	102	description of the nature of the charges and the substance of any 67
103	103	relevant supporting evidence. The employer may submit a written 68
104	104	response and both the employer and the employee may present 69
105	105	rebuttal statements in the form of affidavits from witnesses and 70
106	106	supporting documents and may meet with the authority informally to 71
107	107	respond verbally about the nature of the employee's charges. The 72
108	108	authority shall consider in making its preliminary finding as provided 73
109	109	in subdivision (3) of this subsection any such written and verbal 74
110	110	responses, including affidavits and supporting documents, received by 75
111	111	the authority not more than twenty business days after the employer 76
112	112	receives such notice. Any such response received after twenty business 77
113	113	days shall be considered by the authority only upon a showing of good 78
114	114	cause and at the discretion of the authority. The authority shall make 79
115	115	its preliminary finding as provided in subdivision (3) of this subsection 80
116	116	based on information described in this subdivision, without a public 81 Raised Bill No. 887
117	117
118	118
119	119
120	120	LCO No. 4562 4 of 11
121	121
122	122	hearing. 82
123	123	(3) Unless the authority finds by clear and convincing evidence that 83
124	124	the adverse employment action was taken for a reason unconnected 84
125	125	with the employee's report of substantial misfeasance, malfeasance or 85
126	126	nonfeasance, there shall be a rebuttable presumption that an employee 86
127	127	was retaliated against in violation of subsection (a) of this section if the 87
128	128	authority finds that: (A) The employee had reported substantial 88
129	129	misfeasance, malfeasance or nonfeasance in the management of the 89
130	130	public service company, holding company, person involved in the 90
131	131	transportation of gas, as such terms are defined in section 16-280a, or 91
132	132	licensee; (B) the employee was subsequently discharged, suspended, 92
133	133	demoted or otherwise penalized by having the employee's status of 93
134	134	employment changed by the employee's employer; and (C) the 94
135	135	subsequent discharge, suspension, demotion or other penalty followed 95
136	136	the employee's report closely in time. 96
137	137	(4) If such findings are made, the authority shall issue an order 97
138	138	requiring the employer to immediately return the employee to the 98
139	139	employee's previous position of employment or an equivalent position 99
140	140	pending the completion of the authority's full investigatory proceeding 100
141	141	pursuant to subsection (d) of this section. 101
142	142	(d) Not later than thirty days after making a preliminary finding in 102
143	143	accordance with the provisions of subsection (c) of this section, the 103
144	144	authority shall initiate a full investigatory proceeding in accordance 104
145	145	with the provisions of section 16-8, at which time the employer shall 105
146	146	have the opportunity to rebut the presumption. The authority may 106
147	147	issue orders, impose civil penalties, order payment of back pay or 107
148	148	award attorneys' fees in a manner that conforms with the notice and 108
149	149	hearing provisions in section 16-41 against a public service company, 109
150	150	holding company, person involved in the transportation of gas, as such 110
151	151	terms are defined in section 16-280a, or licensee or a person, firm, 111
152	152	corporation, contractor or subcontractor directly or indirectly 112
153	153	providing goods or services to such public service company, holding 113
154	154	company, person involved in the transportation of gas, as such terms 114 Raised Bill No. 887
155	155
156	156
157	157
158	158	LCO No. 4562 5 of 11
159	159
160	160	are defined in section 16-280a, or licensee, in order to enforce the 115
161	161	provisions of this section. 116
162	162	(e) If an employee or former employee of such a public service 117
163	163	company, holding company, person involved in the transportation of 118
164	164	gas, as such terms are defined in section 16-280a, or licensee, or of a 119
165	165	person, firm, corporation, contractor or subcontractor directly or 120
166	166	indirectly providing goods or services to such a public service 121
167	167	company, holding company, person involved in the transportation of 122
168	168	gas, as such terms are defined in section 16-280a, or licensee, having 123
169	169	knowledge of any matter involving the substantial misfeasance, 124
170	170	malfeasance or nonfeasance in the management of such public service 125
171	171	company, holding company, person involved in the transportation of 126
172	172	gas, as such terms are defined in section 16-280a, or licensee, enters 127
173	173	into an agreement with the employee's employer that contains a 128
174	174	provision directly or indirectly discouraging the employee from 129
175	175	presenting a written complaint or testimony concerning such 130
176	176	misfeasance, malfeasance or nonfeasance in any legislative, 131
177	177	administrative or judicial proceeding, such provision shall be void as 132
178	178	against public policy. 133
179	179	(f) The Public Utilities Regulatory Authority shall adopt regulations, 134
180	180	in accordance with chapter 54, to carry out the provisions of this 135
181	181	section. Such regulations shall include the following: (1) The 136
182	182	procedures by which a complaint may be brought pursuant to 137
183	183	subsection (a) of this section; (2) the time period in which such a 138
184	184	complaint may be brought; (3) the time period by which the authority 139
185	185	shall render a decision pursuant to subsection (d) of this section; (4) the 140
186	186	form on which written complaints shall be submitted to the authority 141
187	187	by an employee pursuant to subsection (c) of this section; and (5) the 142
188	188	requirement that a notice be posted in the workplace informing all 143
189	189	employees of any public service company, holding company, person 144
190	190	involved in the transportation of gas, as such terms are defined in 145
191	191	section 16-280a, and licensee and of any person, firm, corporation, 146
192	192	contractor or subcontractor directly or indirectly providing goods or 147
193	193	services to a company or licensee, as defined in subsection (b) of this 148 Raised Bill No. 887
194	194
195	195
196	196
197	197	LCO No. 4562 6 of 11
198	198
199	199	section, of their rights under this section, including the right to be 149
200	200	reinstated in accordance with subsection (c) of this section. 150
201	201	Sec. 3. Section 16-11 of the general statutes is repealed and the 151
202	202	following is substituted in lieu thereof (Effective from passage): 152
203	203	The Public Utilities Regulatory Authority shall, so far as is 153
204	204	practicable, keep fully informed as to the condition of the plant, 154
205	205	equipment and manner of operation of all public service companies 155
206	206	and persons involved in the transportation of gas, as such terms are 156
207	207	defined in section 16-280a, in respect to their adequacy and suitability 157
208	208	to accomplish the duties imposed upon such companies by law and in 158
209	209	respect to their relation to the safety of the public and of the employees 159
210	210	of such companies. The authority may order such reasonable 160
211	211	improvements, repairs or alterations in such plant or equipment, or 161
212	212	such changes in the manner of operation, as may be reasonably 162
213	213	necessary in the public interest. The general purposes of this section 163
214	214	and sections 16-19, 16-25, 16-43 and 16-47 are to assure to the state of 164
215	215	Connecticut its full powers to regulate its public service companies, to 165
216	216	increase the powers of the Public Utilities Regulatory Authority and to 166
217	217	promote local control of the public service companies of this state, and 167
218	218	said sections shall be so construed as to effectuate these purposes. 168
219	219	Sec. 4. Section 16-16 of the general statutes is repealed and the 169
220	220	following is substituted in lieu thereof (Effective from passage): 170
221	221	Each public service company, [and] electric supplier and person 171
222	222	involved in the transportation of gas, as such terms are defined in 172
223	223	section 16-280a, subject to regulation by the Public Utilities Regulatory 173
224	224	Authority shall, in the event of any accident attended with personal 174
225	225	injury or involving public safety, which was or may have been 175
226	226	connected with or due to the operation of its or his property, or caused 176
227	227	by contact with the wires of any public service company or electric 177
228	228	supplier, notify the authority thereof, by telephone or otherwise, as 178
229	229	soon as may be reasonably possible after the occurrence of such 179
230	230	accident, unless such accident is a minor accident, as defined by 180 Raised Bill No. 887
231	231
232	232
233	233
234	234	LCO No. 4562 7 of 11
235	235
236	236	regulations of the authority. Each such person, company or electric 181
237	237	supplier shall report such minor accidents to the authority in writing, 182
238	238	in summary form, once each month. If notice of such accident, other 183
239	239	than a minor accident, is given otherwise than in writing, it shall be 184
240	240	confirmed in writing within five days after the occurrence of such 185
241	241	accident. Any person, company or electric supplier failing to comply 186
242	242	with the provisions of this section shall be fined not more than five 187
243	243	hundred dollars for each offense. 188
244	244	Sec. 5. Subsection (a) of section 16-41 of the general statutes is 189
245	245	repealed and the following is substituted in lieu thereof (Effective from 190
246	246	passage): 191
247	247	(a) Each (1) public service company and its officers, agents and 192
248	248	employees, (2) electric supplier or person providing electric generation 193
249	249	services without a license in violation of section 16-245, and its officers, 194
250	250	agents and employees, (3) certified telecommunications provider or 195
251	251	person providing telecommunications services without authorization 196
252	252	pursuant to sections 16-247f to 16-247h, inclusive, and its officers, 197
253	253	agents and employees, (4) person, public agency or public utility, as 198
254	254	such terms are defined in section 16-345, subject to the requirements of 199
255	255	chapter 293, (5) person subject to the registration requirements under 200
256	256	section 16-258a, (6) cellular mobile telephone carrier, as described in 201
257	257	section 16-250b, (7) Connecticut electric efficiency partner, as defined 202
258	258	in section 16-243v, (8) company, as defined in section 16-49, [and] (9) 203
259	259	entity approved to submeter pursuant to section 16-19ff, and (10) 204
260	260	person involved in the transportation of gas, as such terms are defined 205
261	261	in section 16-280a, shall obey, observe and comply with all applicable 206
262	262	provisions of this title and each applicable order made or applicable 207
263	263	regulations adopted by the Public Utilities Regulatory Authority by 208
264	264	virtue of this title as long as the same remains in force. Any such 209
265	265	company, electric supplier, certified telecommunications provider, 210
266	266	cellular mobile telephone carrier, Connecticut electric efficiency 211
267	267	partner, entity approved to submeter, person, any officer, agent or 212
268	268	employee thereof, public agency or public utility which the authority 213
269	269	finds has failed to obey or comply with any such provision of this title, 214 Raised Bill No. 887
270	270
271	271
272	272
273	273	LCO No. 4562 8 of 11
274	274
275	275	order or regulation shall be fined by order of the authority in 215
276	276	accordance with the penalty prescribed for the violated provision of 216
277	277	this title or, if no penalty is prescribed, not more than ten thousand 217
278	278	dollars for each offense, except that the penalty shall be a fine of not 218
279	279	more than forty thousand dollars for failure to comply with an order of 219
280	280	the authority made in accordance with the provisions of section 16-19 220
281	281	or 16-247k or within thirty days of such order or within any specific 221
282	282	time period for compliance specified in such order. Each distinct 222
283	283	violation of any such provision of this title, order or regulation shall be 223
284	284	a separate offense and, in case of a continued violation, each day 224
285	285	thereof shall be deemed a separate offense. Each such penalty and any 225
286	286	interest charged pursuant to subsection (g) or (h) of section 16-49 shall 226
287	287	be excluded from operating expenses for purposes of rate-making. 227
288	288	Sec. 6. Section 16-280e of the general statutes is repealed and the 228
289	289	following is substituted in lieu thereof (Effective from passage): 229
290	290	(a) Any person that violates any provision of the federal act, any 230
291	291	regulation issued under the federal act, any provision of this chapter or 231
292	292	any regulation adopted by the authority pursuant to subsection (b) or 232
293	293	(c) of section 16-280b, shall be subject to a civil penalty not to exceed 233
294	294	the higher of the maximum civil penalty provided under 49 USC 234
295	295	60122(a), as amended, or 49 CFR 190.223(a), as amended from time to 235
296	296	time. 236
297	297	(b) Any such civil penalty may be compromised by the Public 237
298	298	Utilities Regulatory Authority. In determining the amount of such 238
299	299	penalty, or the amount agreed upon in compromise, the authority shall 239
300	300	consider the criteria set forth in 49 USC 60122(b), as amended. 240
301	301	(c) Nothing in this section shall be construed to limit the penalties 241
302	302	available under section 16-33. 242
303	303	Sec. 7. (NEW) (Effective from passage) (a) For purposes of this section: 243
304	304	(1) "Covered task" means an activity that is performed on a pipeline 244
305	305	facility and that affects the safety or integrity of the pipeline; and 245 Raised Bill No. 887
306	306
307	307
308	308
309	309	LCO No. 4562 9 of 11
310	310
311	311	(2) "Evaluation" means a process, established and documented by 246
312	312	the operator, to determine an individual's ability to perform a covered 247
313	313	task by a (A) a written or oral examination, and (B) observation during 248
314	314	performance on the job or simulations. 249
315	315	(b) In addition to the minimum requirements for operator 250
316	316	qualification of individuals performing covered tasks on a pipeline 251
317	317	facility pursuant to 49 CFR 192, Subpart N, the requirements of this 252
318	318	section shall be applicable to such operators in the state. 253
319	319	(c) Each operator shall: 254
320	320	(1) Evaluate an individual if the operator has reason to believe that 255
321	321	the individual did not correctly perform a covered task; 256
322	322	(2) Train all individuals to ensure that individuals performing 257
323	323	covered tasks have the necessary knowledge and skills to perform 258
324	324	covered tasks in a manner that ensures the safe operation of pipeline 259
325	325	facilities; 260
326	326	(3) Document in a plan the training requirements, including, but not 261
327	327	limited to, the minimum training time for each covered task; 262
328	328	(4) Conduct evaluations more than forty-eight hours after training; 263
329	329	(5) Ensure that the evaluation process is performed by operator 264
330	330	personnel or independent third-party contractors; 265
331	331	(6) Ensure that the evaluation process evaluates task-specific 266
332	332	abnormal operating conditions; 267
333	333	(7) Ensure that inspectors are qualified for the covered tasks they 268
334	334	are inspecting; 269
335	335	(8) Ensure that the training and evaluation process is specific to the 270
336	336	operator's plans, procedures and standards; and 271
337	337	(9) Ensure that the written qualification program includes a training 272
338	338	and evaluation process for personnel performing engineering tasks. 273 Raised Bill No. 887
339	339
340	340
341	341
342	342	LCO No. 4562 10 of 11
343	343
344	344	Sec. 8. (NEW) (Effective from passage) (a) Any person involved in the 274
345	345	transportation of gas, as such terms are defined in section 16-280a of 275
346	346	the general statutes, except persons involved in the transportation of 276
347	347	propane, shall utilize geographic information systems to map all of 277
348	348	such person's pipeline facilities, as defined in section 16-280a of the 278
349	349	general statutes. 279
350	350	(b) Any person involved in the transportation of gas, as such terms 280
351	351	are defined in section 16-280a of the general statutes, except persons 281
352	352	involved in the transportation of propane, shall provide remote real-282
353	353	time read-only access to all of such person's electronic systems, if the 283
354	354	authority determines that such access will be beneficial in keeping the 284
355	355	authority fully informed as to the condition of a plant, equipment and 285
356	356	manner of operation pursuant to section 16-11 of the general statutes. 286
357	357	Sec. 9. (NEW) (Effective from passage) On or before October 1, 2019, 287
358	358	and on or before October first of each year thereafter, any person 288
359	359	involved in the transportation of gas, as such terms are defined in 289
360	360	section 16-280a of the general statutes, except persons involved in the 290
361	361	transportation of natural gas, shall submit to the authority, on a form 291
362	362	prescribed by the authority, information the authority deems relevant 292
363	363	about such person's propane distribution systems that are subject to 293
364	364	the jurisdiction of the authority. Any changes to such information 294
365	365	submitted shall be submitted to the authority within thirty days of 295
366	366	such change. 296
367	367	This act shall take effect as follows and shall amend the following
368	368	sections:
369	369
370	370	Section 1 from passage 16-7
371	371	Sec. 2 from passage 16-8a
372	372	Sec. 3 from passage 16-11
373	373	Sec. 4 from passage 16-16
374	374	Sec. 5 from passage 16-41(a)
375	375	Sec. 6 from passage 16-280e
376	376	Sec. 7 from passage New section
377	377	Sec. 8 from passage New section
378	378	Sec. 9 from passage New section Raised Bill No. 887
379	379
380	380
381	381
382	382	LCO No. 4562 11 of 11
383	383
384	384
385	385	Statement of Purpose:
386	386	To (1) make certain provisions concerning the Public Utilities
387	387	Regulatory Authority's right to enter, protections from retaliation, the
388	388	authority's knowledge of the condition of plants, equipment and
389	389	operations, reporting of accidents and certain civil penalties applicable
390	390	to persons involved in the transportation of gas, (2) add to the federal
391	391	minimum requirements for operator qualification of individuals
392	392	performing covered tasks on a pipeline facility, (3) add requirements
393	393	for certain persons involved in the transportation of gas concerning
394	394	utilization of geographic information systems and provision of access
395	395	to electronic systems to the authority, and (4) add requirements for
396	396	certain persons involved in the transportation of gas concerning
397	397	submission of information to the authority.
398	398	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
399	399	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
400	400	not underlined.]
401	401