Connecticut 2019 Regular Session

Connecticut Senate Bill SB00960 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-R01-
4		-	SB.docx
5		-	1 of 26
	3	+	LCO No. 5045 1 of 4
6	4
7		-	General Assembly ~~Substitute~~ Bill No. 960
	5	+	General Assembly Raised Bill No. 960
8	6		January Session, 2019
	7	+	LCO No. 5045
	8	+
	9	+
	10	+	Referred to Committee on ENERGY AND TECHNOLOGY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ET)
9	15
10	16
11	17
12	18
13		-
14		-
15		-	AN ACT CONCERNING TH E PUBLIC UTILITIES REGULATORY
16		-	AUTHORITY'S REVIEW O F CLAIMS ARISING FROM CONTRAC TS
17		-	PREVIOUSLY APPROVED BY THE AUTHORITY, PERSONS
18		-	INVOLVED IN THE TRANSPORTATION OF NATURA L GAS AND
19		-	REQUIREMENTS FOR OPE RATOR QUALIFICATION OF INDIVIDUALS
20		-	PERFORMING COVERED T ASKS ON A PIPELINE FACILITY, CALL
21		-	BEFORE YOU DIG PROGR AM VIOLATIONS AND FINES AND THE
22		-	PUBLIC UTILITIES REGULATORY POLICIES ACT .
	19	+	AN ACT CONCERNING ME MBERS OF THE CONNECTICUT GREEN
	20	+	BANK BOARD OF DIRECT ORS AND THE PUBLIC UTILITIES
	21	+	REGULATORY AUTHORITY 'S REVIEW OF CLAIMS ARISING FROM
	22	+	CONTRACTS PREVIOUSLY APPROVED BY THE AUTH ORITY.
23	23		Be it enacted by the Senate and House of Representatives in General
24	24		Assembly convened:
25	25
26		-	Section 1. Section 16-35 of the ~~general statutes is repealed and the~~ 1
27		-	following is substituted in lieu ~~thereof (Effective from passage):~~ 2
28		-	(~~a) Any person~~, ~~including, but not limited to, a company, town, city,~~ 3
29		-	~~borough or corporation aggrieved by any order,~~ ~~authorization or~~ 4
30		-	~~decision~~ of ~~the Public Utilities Regulatory Authority~~, ~~except an order,~~ 5
31		-	~~authorization or decision of the authority approving the taking of land,~~ 6
32		-	in ~~any matter~~ to ~~which such person was or ought to have been made a~~ 7
33		-	~~party~~ or ~~intervenor, may appeal therefrom in accordance with~~ the 8
34		-	~~provisions~~ of ~~section 4-183, provided any person who is party to a~~ 9
35		-	~~contract described in subsection (d)~~ of ~~this section shall first bring their~~ 10
36		-	~~claim to~~ the ~~authority pursuant to said subsection. Such person so~~ 11
37		-	~~appealing~~ shall ~~give bond to the state, with sufficient surety, for the~~ 12
38		-	~~benefit~~ of the ~~adverse party, in such sum as the authority fixes, to pay~~ 13
39		-	~~all costs in case such person fails to sustain such appeal. No 14 Substitute~~ Bill No. 960
	26	+	Section 1. Subdivision (1) of subsection (e) of section 16-245n of the 1
	27	+	general statutes is repealed and the following is substituted in lieu 2
	28	+	thereof (Effective October 1, 2019): 3
	29	+	(e) (1) The powers of the Connecticut Green Bank shall be vested in 4
	30	+	and exercised by a board of directors, which shall consist of eleven 5
	31	+	voting and [two] one nonvoting [members] member each with 6
	32	+	knowledge and expertise in matters related to the purpose and 7
	33	+	activities of said bank appointed as follows: The Treasurer or the 8
	34	+	Treasurer's designee, the Commissioner of Energy and Environmental 9
	35	+	Protection or the commissioner's designee and the Commissioner of 10
	36	+	Economic and Community Development or the commissioner's 11
	37	+	designee, each serving ex officio, one member who shall represent a 12
	38	+	residential or low-income group appointed by the speaker of the 13
	39	+	Raised Bill No. 960
40	40
41	41
42		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
43		-	R01-SB.docx }
44		-	2 of 26
45	42
46		-	municipality or political subdivision shall be determined not to be 15
47		-	aggrieved solely because there are other persons who are similarly 16
48		-	affected by the order, authorization or decision of the authority. 17
49		-	(b) Any person who may appeal an order, authorization or decision 18
50		-	of the authority under subsection (a) of this section who was an 19
51		-	intervenor or, after timely application, was denied intervenor status to 20
52		-	the authority proceeding, shall be limited to raise on appeal only those 21
53		-	issues that (1) such person addressed during the proceeding or were 22
54		-	addressed in the final decision, or (2) such person raised in his request 23
55		-	for intervenor status if he was denied intervenor status. 24
56		-	(c) Notwithstanding any provision of this title and title 16a, 25
57		-	proceedings in which the Public Utilities Regulatory Authority 26
58		-	conducts a request for proposals or any other procurement process for 27
59		-	the purpose of acquiring electricity products or services for the benefit 28
60		-	of ratepayers shall be uncontested. 29
61		-	(d) (1) The first dispute arising from a contract that is approved by 30
62		-	the Public Utilities Regulatory Authority on or after the effective date 31
63		-	of this section where (A) the contract was approved by the authority 32
64		-	pursuant to section 16-19hh, 16-243m, 16-243u, 16-244r, 16-244s, 16-33
65		-	244t, 16-244y, 16a-3b, 16a-3f, 16a-3g, 16a-3h, 16a-3i, 16a-3j, 16a-3k, 16a-34
66		-	3l or 16a-3m, (B) a public service company is a party to the contract, (C) 35
67		-	the contract price is funded by ratepayers, and (D) the purpose of the 36
68		-	contract is for the public service company to purchase products and 37
69		-	services for the benefit of ratepayers, shall be brought by a party to 38
70		-	such contract to the authority. A party may petition the authority for a 39
71		-	declaratory ruling or make an application for review pursuant to this 40
72		-	subsection or the section of the general statutes that governs such 41
73		-	contract. Notwithstanding subsection (a) of section 4-176, the authority 42
74		-	may not on its own motion initiate a proceeding to review a contract 43
75		-	described in this subsection. 44
76		-	(2) The authority shall review such contract claims brought 45
77		-	pursuant to subdivision (1) of this subsection. The authority shall 46 Substitute Bill No. 960
	43	+	LCO No. 5045 2 of 4
	44	+
	45	+	House of Representatives for a term of four years, one member who 14
	46	+	shall have experience in investment fund management appointed by 15
	47	+	the minority leader of the House of Representatives for a term of three 16
	48	+	years, one member who shall represent an environmental organization 17
	49	+	appointed by the president pro tempore of the Senate for a term of four 18
	50	+	years, and one member who shall have experience in the finance or 19
	51	+	deployment of renewable energy appointed by the minority leader of 20
	52	+	the Senate for a term of four years. Thereafter, such members of the 21
	53	+	General Assembly shall appoint members of the board to succeed such 22
	54	+	appointees whose terms expire and each member so appointed shall 23
	55	+	hold office for a period of four years from the first day of July in the 24
	56	+	year of his or her appointment. The Governor shall appoint four 25
	57	+	members to the board as follows: Two for two years who shall have 26
	58	+	experience in the finance of renewable energy; one for four years who 27
	59	+	shall be a representative of a labor organization; and one who shall 28
	60	+	have experience in research and development or manufacturing of 29
	61	+	clean energy. Thereafter, the Governor shall appoint members of the 30
	62	+	board to succeed such appointees whose terms expire and each 31
	63	+	member so appointed shall hold office for a period of four years from 32
	64	+	the first day of July in the year of his or her appointment. The 33
	65	+	president of the Connecticut Green Bank shall be elected by the 34
	66	+	members of the board. The president of the Connecticut Green Bank 35
	67	+	shall serve on the board in an ex-officio, nonvoting capacity. The 36
	68	+	Governor shall appoint the chairperson of the board. The board shall 37
	69	+	elect from its members a vice chairperson and such other officers as it 38
	70	+	deems necessary and shall adopt such bylaws and procedures it deems 39
	71	+	necessary to carry out its functions. The board may establish 40
	72	+	committees and subcommittees as necessary to conduct its business. 41
	73	+	Sec. 2. Section 16-35 of the general statutes is repealed and the 42
	74	+	following is substituted in lieu thereof (Effective from passage and 43
	75	+	applicable to contracts approved on or after said date): 44
	76	+	(a) Any person, including but not limited to a company, town, city, 45
	77	+	borough or corporation aggrieved by any order, authorization or 46
	78	+	Raised Bill No. 960
78	79
79	80
80		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
81		-	R01-SB.docx }
82		-	3 of 26
83	81
84		-	decide such contract claims by issuing a declaratory ruling or a final 47
85		-	decision in a contested case proceeding, including ordering legal and 48
86		-	equitable contract remedies. Any party to such contract shall have the 49
87		-	right to appeal to the Superior Court from any such declaratory ruling 50
88		-	or final decision adjudicating such contract claims pursuant to 51
89		-	subsection (a) of this section. 52
90		-	Sec. 2. Section 16-7 of the general statutes is repealed and the 53
91		-	following is substituted in lieu thereof (Effective from passage): 54
92		-	The utility commissioners of the Public Utilities Regulatory 55
93		-	Authority, or their designees, while engaged in the performance of 56
94		-	their duties may, at all reasonable times, enter any premises, buildings, 57
95		-	cars, plants or other places belonging to or controlled by any public 58
96		-	service company, [or] electric supplier or person involved in the 59
97		-	transportation of gas, as such terms are defined in section 16-280a, and 60
98		-	any person obstructing or in any way causing to be obstructed or 61
99		-	hindered any utility commissioner of the Public Utilities Regulatory 62
100		-	Authority or employee of the Public Utilities Regulatory Authority in 63
101		-	the performance of his or her duties shall be fined not more than two 64
102		-	hundred dollars or imprisoned not more than six months, or both. 65
103		-	Sec. 3. Section 16-8a of the general statutes is repealed and the 66
104		-	following is substituted in lieu thereof (Effective from passage): 67
105		-	(a) No public service company, as defined in section 16-1, as 68
106		-	amended by this act, holding company, as defined in section 16-47, 69
107		-	person involved in the transportation of gas, as such terms are defined 70
108		-	in section 16-280a, or Nuclear Regulatory Commission licensee 71
109		-	operating a nuclear power generating facility in this state, or person, 72
110		-	firm, corporation, contractor or subcontractor directly or indirectly 73
111		-	providing goods or services to such public service company, holding 74
112		-	company, person involved in the transportation of gas, as such terms 75
113		-	are defined in section 16-280a, or licensee, may take or threaten to take 76
114		-	any retaliatory action against an employee for the employee's 77
115		-	disclosure of (1) any matter involving the substantial misfeasance, 78 Substitute Bill No. 960
	82	+	LCO No. 5045 3 of 4
	83	+
	84	+	decision of the Public Utilities Regulatory Authority, except an order, 47
	85	+	authorization or decision of the authority approving the taking of land, 48
	86	+	in any matter to which such person was or ought to have been made a 49
	87	+	party or intervenor, may appeal therefrom in accordance with the 50
	88	+	provisions of section 4-183, provided any person who is party to a 51
	89	+	contract described in subsection (d) of this section shall first bring their 52
	90	+	claim to the authority pursuant to said subsection. Such person so 53
	91	+	appealing shall give bond to the state, with sufficient surety, for the 54
	92	+	benefit of the adverse party, in such sum as the authority fixes, to pay 55
	93	+	all costs in case such person fails to sustain such appeal. No 56
	94	+	municipality or political subdivision shall be determined not to be 57
	95	+	aggrieved solely because there are other persons who are similarly 58
	96	+	affected by the order, authorization or decision of the authority. 59
	97	+	(b) Any person who may appeal an order, authorization or decision 60
	98	+	of the authority under subsection (a) of this section who was an 61
	99	+	intervenor or, after timely application, was denied intervenor status to 62
	100	+	the authority proceeding, shall be limited to raise on appeal only those 63
	101	+	issues that (1) such person addressed during the proceeding or were 64
	102	+	addressed in the final decision, or (2) such person raised in his request 65
	103	+	for intervenor status if he was denied intervenor status. 66
	104	+	(c) Notwithstanding any provision of this title and title 16a, 67
	105	+	proceedings in which the Public Utilities Regulatory Authority 68
	106	+	conducts a request for proposals or any other procurement process for 69
	107	+	the purpose of acquiring electricity products or services for the benefit 70
	108	+	of ratepayers shall be uncontested. 71
	109	+	(d) (1) The first dispute arising from a contract that is approved by 72
	110	+	the Public Utilities Regulatory Authority where (A) a public service 73
	111	+	company is a party to the contract, (B) the contract price is funded by 74
	112	+	ratepayers, and (C) the purpose of the contract is for the public service 75
	113	+	company to purchase products and services for the benefit of 76
	114	+	ratepayers, shall be brought by a party to said contract to the authority. 77
	115	+	A party may petition the authority for a declaratory ruling or make an 78
	116	+	Raised Bill No. 960
116	117
117	118
118		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
119		-	R01-SB.docx }
120		-	4 of 26
121	119
122		-	malfeasance or nonfeasance in the management of such public service 79
123		-	company, holding company, person involved in the transportation of 80
124		-	gas, as such terms are defined in section 16-280a, or licensee, or (2) 81
125		-	information pursuant to section 31-51m. Any employee found to have 82
126		-	knowingly made a false disclosure shall be subject to disciplinary 83
127		-	action by the employee's employer, up to and including dismissal. 84
128		-	(b) Any employee of such a public service company, holding 85
129		-	company, person involved in the transportation of gas, as such terms 86
130		-	are defined in section 16-280a, or licensee, or of any person, firm, 87
131		-	corporation, contractor or subcontractor directly or indirectly 88
132		-	providing goods or services to such a public service company, holding 89
133		-	company, person involved in the transportation of gas, as such terms 90
134		-	are defined in section 16-280a, or licensee, having knowledge of any of 91
135		-	the following may transmit all facts and information in the employee's 92
136		-	possession to the Public Utilities Regulatory Authority: (1) Any matter 93
137		-	involving substantial misfeasance, malfeasance or nonfeasance in the 94
138		-	management of such public service company, holding company , 95
139		-	person involved in the transportation of gas, as such terms are defined 96
140		-	in section 16-280a, or licensee; or (2) any matter involving retaliatory 97
141		-	action or the threat of retaliatory action taken against an employee 98
142		-	who has reported the misfeasance, malfeasance or nonfeasance, in the 99
143		-	management of such public service company, holding company , 100
144		-	person involved in the transportation of gas, as such terms are defined 101
145		-	in section 16-280a, or licensee. With regard to any matter described in 102
146		-	subdivision (1) of this subsection, the authority shall investigate such 103
147		-	matter in accordance with the provisions of section 16-8 and shall not 104
148		-	disclose the identity of such employee without the employee's consent 105
149		-	unless it determines that such disclosure is unavoidable during the 106
150		-	course of the investigation. With regard to any matter described in 107
151		-	subdivision (2) of this subsection, the matter shall be handled in 108
152		-	accordance with the procedures set forth in subsections (c) and (d) of 109
153		-	this section. 110
154		-	(c) (1) Not more than ninety business days after receipt of a written 111 Substitute Bill No. 960
	120	+	LCO No. 5045 4 of 4
155	121
156		-
157		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
158		-	R01-SB.docx }
159		-	5 of 26
160		-
161		-	complaint, in a form prescribed by the authority, by an employee 112
162		-	alleging the employee's employer has retaliated against an employee 113
163		-	in violation of subsection (a) of this section, the authority shall make a 114
164		-	preliminary finding in accordance with this subsection. 115
165		-	(2) Not more than five business days after receiving a written 116
166		-	complaint, in a form prescribed by the authority, the authority shall 117
167		-	notify the employer by certified mail. Such notification shall include a 118
168		-	description of the nature of the charges and the substance of any 119
169		-	relevant supporting evidence. The employer may submit a written 120
170		-	response and both the employer and the employee may present 121
171		-	rebuttal statements in the form of affidavits from witnesses and 122
172		-	supporting documents and may meet with the authority informally to 123
173		-	respond verbally about the nature of the employee's charges. The 124
174		-	authority shall consider in making its preliminary finding as provided 125
175		-	in subdivision (3) of this subsection any such written and verbal 126
176		-	responses, including affidavits and supporting documents, received by 127
177		-	the authority not more than twenty business days after the employer 128
178		-	receives such notice. Any such response received after twenty business 129
179		-	days shall be considered by the authority only upon a showing of good 130
180		-	cause and at the discretion of the authority. The authority shall make 131
181		-	its preliminary finding as provided in subdivision (3) of this subsection 132
182		-	based on information described in this subdivision, without a public 133
183		-	hearing. 134
184		-	(3) Unless the authority finds by clear and convincing evidence that 135
185		-	the adverse employment action was taken for a reason unconnected 136
186		-	with the employee's report of substantial misfeasance, malfeasance or 137
187		-	nonfeasance, there shall be a rebuttable presumption that an employee 138
188		-	was retaliated against in violation of subsection (a) of this section if the 139
189		-	authority finds that: (A) The employee had reported substantial 140
190		-	misfeasance, malfeasance or nonfeasance in the management of the 141
191		-	public service company, holding company, person involved in the 142
192		-	transportation of gas, as such terms are defined in section 16-280a, or 143
193		-	licensee; (B) the employee was subsequently discharged, suspended, 144 Substitute Bill No. 960
194		-
195		-
196		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
197		-	R01-SB.docx }
198		-	6 of 26
199		-
200		-	demoted or otherwise penalized by having the employee's status of 145
201		-	employment changed by the employee's employer; and (C) the 146
202		-	subsequent discharge, suspension, demotion or other penalty followed 147
203		-	the employee's report closely in time. 148
204		-	(4) If such findings are made, the authority shall issue an order 149
205		-	requiring the employer to immediately return the employee to the 150
206		-	employee's previous position of employment or an equivalent position 151
207		-	pending the completion of the authority's full investigatory proceeding 152
208		-	pursuant to subsection (d) of this section. 153
209		-	(d) Not later than thirty days after making a preliminary finding in 154
210		-	accordance with the provisions of subsection (c) of this section, the 155
211		-	authority shall initiate a full investigatory proceeding in accordance 156
212		-	with the provisions of section 16-8, at which time the employer shall 157
213		-	have the opportunity to rebut the presumption. The authority may 158
214		-	issue orders, impose civil penalties, order payment of back pay or 159
215		-	award attorneys' fees in a manner that conforms with the notice and 160
216		-	hearing provisions in section 16-41, as amended by this act, against a 161
217		-	public service company, holding company, person involved in the 162
218		-	transportation of gas, as such terms are defined in section 16-280a, or 163
219		-	licensee or a person, firm, corporation, contractor or subcontractor 164
220		-	directly or indirectly providing goods or services to such public service 165
221		-	company, holding company, person involved in the transportation of 166
222		-	gas, as such terms are defined in section 16-280a, or licensee, in order 167
223		-	to enforce the provisions of this section. 168
224		-	(e) If an employee or former employee of such a public service 169
225		-	company, holding company, person involved in the transportation of 170
226		-	gas, as such terms are defined in section 16-280a, or licensee, or of a 171
227		-	person, firm, corporation, contractor or subcontractor directly or 172
228		-	indirectly providing goods or services to such a public service 173
229		-	company, holding company, person involved in the transportation of 174
230		-	gas, as such terms are defined in section 16-280a, or licensee, having 175
231		-	knowledge of any matter involving the substantial misfeasance, 176
232		-	malfeasance or nonfeasance in the management of such public service 177 Substitute Bill No. 960
233		-
234		-
235		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
236		-	R01-SB.docx }
237		-	7 of 26
238		-
239		-	company, holding company, person involved in the transportation of 178
240		-	gas, as such terms are defined in section 16-280a, or licensee, enters 179
241		-	into an agreement with the employee's employer that contains a 180
242		-	provision directly or indirectly discouraging the employee from 181
243		-	presenting a written complaint or testimony concerning such 182
244		-	misfeasance, malfeasance or nonfeasance in any legislative, 183
245		-	administrative or judicial proceeding, such provision shall be void as 184
246		-	against public policy. 185
247		-	(f) The Public Utilities Regulatory Authority shall adopt regulations, 186
248		-	in accordance with chapter 54, to carry out the provisions of this 187
249		-	section. Such regulations shall include the following: (1) The 188
250		-	procedures by which a complaint may be brought pursuant to 189
251		-	subsection (a) of this section; (2) the time period in which such a 190
252		-	complaint may be brought; (3) the time period by which the authority 191
253		-	shall render a decision pursuant to subsection (d) of this section; (4) the 192
254		-	form on which written complaints shall be submitted to the authority 193
255		-	by an employee pursuant to subsection (c) of this section; and (5) the 194
256		-	requirement that a notice be posted in the workplace informing all 195
257		-	employees of any public service company, holding company, person 196
258		-	involved in the transportation of gas, as such terms are defined in 197
259		-	section 16-280a, and licensee and of any person, firm, corporation, 198
260		-	contractor or subcontractor directly or indirectly providing goods or 199
261		-	services to a company or licensee, as defined in subsection (b) of this 200
262		-	section, of their rights under this section, including the right to be 201
263		-	reinstated in accordance with subsection (c) of this section. 202
264		-	Sec. 4. Section 16-11 of the general statutes is repealed and the 203
265		-	following is substituted in lieu thereof (Effective from passage): 204
266		-	The Public Utilities Regulatory Authority shall, so far as is 205
267		-	practicable, keep fully informed as to the condition of the plant, 206
268		-	equipment and manner of operation of all public service companies 207
269		-	and persons involved in the transportation of gas, as such terms are 208
270		-	defined in section 16-280a, in respect to their adequacy and suitability 209
271		-	to accomplish the duties imposed upon such companies by law and in 210 Substitute Bill No. 960
272		-
273		-
274		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
275		-	R01-SB.docx }
276		-	8 of 26
277		-
278		-	respect to their relation to the safety of the public and of the employees 211
279		-	of such companies. The authority may order such reasonable 212
280		-	improvements, repairs or alterations in such plant or equipment, or 213
281		-	such changes in the manner of operation, as may be reasonably 214
282		-	necessary in the public interest. The general purposes of this section 215
283		-	and sections 16-19, 16-25, 16-43 and 16-47 are to assure to the state of 216
284		-	Connecticut its full powers to regulate its public service companies, to 217
285		-	increase the powers of the Public Utilities Regulatory Authority and to 218
286		-	promote local control of the public service companies of this state, and 219
287		-	said sections shall be so construed as to effectuate these purposes. 220
288		-	Sec. 5. Section 16-16 of the general statutes is repealed and the 221
289		-	following is substituted in lieu thereof (Effective from passage): 222
290		-	Each public service company, [and] electric supplier and person 223
291		-	involved in the transportation of gas, as such terms are defined in 224
292		-	section 16-280a, subject to regulation by the Public Utilities Regulatory 225
293		-	Authority shall, in the event of any accident attended with personal 226
294		-	injury or involving public safety, which was or may have been 227
295		-	connected with or due to the operation of its or his property, or caused 228
296		-	by contact with the wires of any public service company or electric 229
297		-	supplier, notify the authority thereof, by telephone or otherwise, as 230
298		-	soon as may be reasonably possible after the occurrence of such 231
299		-	accident, unless such accident is a minor accident, as defined by 232
300		-	regulations of the authority. Each such person, company or electric 233
301		-	supplier shall report such minor accidents to the authority in writing, 234
302		-	in summary form, once each month. If notice of such accident, other 235
303		-	than a minor accident, is given otherwise than in writing, it shall be 236
304		-	confirmed in writing within five days after the occurrence of such 237
305		-	accident. Any person, company or electric supplier failing to comply 238
306		-	with the provisions of this section shall be fined not more than five 239
307		-	hundred dollars for each offense. 240
308		-	Sec. 6. Subsection (a) of section 16-41 of the general statutes is 241
309		-	repealed and the following is substituted in lieu thereof (Effective from 242
310		-	passage): 243 Substitute Bill No. 960
311		-
312		-
313		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
314		-	R01-SB.docx }
315		-	9 of 26
316		-
317		-	(a) Each (1) public service company and its officers, agents and 244
318		-	employees, (2) electric supplier or person providing electric generation 245
319		-	services without a license in violation of section 16-245, and its officers, 246
320		-	agents and employees, (3) certified telecommunications provider or 247
321		-	person providing telecommunications services without authorization 248
322		-	pursuant to sections 16-247f to 16-247h, inclusive, and its officers, 249
323		-	agents and employees, (4) person, public agency or public utility, as 250
324		-	such terms are defined in section 16-345, subject to the requirements of 251
325		-	chapter 293, (5) person subject to the registration requirements under 252
326		-	section 16-258a, (6) cellular mobile telephone carrier, as described in 253
327		-	section 16-250b, (7) Connecticut electric efficiency partner, as defined 254
328		-	in section 16-243v, (8) company, as defined in section 16-49, as 255
329		-	amended by this act, [and] (9) entity approved to submeter pursuant to 256
330		-	section 16-19ff, and (10) person involved in the transportation of gas, 257
331		-	as such terms are defined in section 16-280a, shall obey, observe and 258
332		-	comply with all applicable provisions of this title and each applicable 259
333		-	order made or applicable regulations adopted by the Public Utilities 260
334		-	Regulatory Authority by virtue of this title as long as the same remains 261
335		-	in force. Any such company, electric supplier, certified 262
336		-	telecommunications provider, cellular mobile telephone carrier, 263
337		-	Connecticut electric efficiency partner, entity approved to submeter, 264
338		-	person, any officer, agent or employee thereof, public agency or public 265
339		-	utility which the authority finds has failed to obey or comply with any 266
340		-	such provision of this title, order or regulation shall be fined by order 267
341		-	of the authority in accordance with the penalty prescribed for the 268
342		-	violated provision of this title or, if no penalty is prescribed, not more 269
343		-	than ten thousand dollars for each offense, except that the penalty shall 270
344		-	be a fine of not more than forty thousand dollars for failure to comply 271
345		-	with an order of the authority made in accordance with the provisions 272
346		-	of section 16-19 or 16-247k or within thirty days of such order or 273
347		-	within any specific time period for compliance specified in such order. 274
348		-	Each distinct violation of any such provision of this title, order or 275
349		-	regulation shall be a separate offense and, in case of a continued 276
350		-	violation, each day thereof shall be deemed a separate offense. Each 277
351		-	such penalty and any interest charged pursuant to subsection (g) or (h) 278 Substitute Bill No. 960
352		-
353		-
354		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
355		-	R01-SB.docx }
356		-	10 of 26
357		-
358		-	of section 16-49, as amended by this act, shall be excluded from 279
359		-	operating expenses for purposes of rate-making. 280
360		-	Sec. 7. Section 16-280e of the general statutes is repealed and the 281
361		-	following is substituted in lieu thereof (Effective from passage): 282
362		-	(a) Any person that violates any provision of the federal act, any 283
363		-	regulation issued under the federal act, any provision of this chapter or 284
364		-	any regulation adopted by the authority pursuant to subsection (b) or 285
365		-	(c) of section 16-280b, shall be subject to a civil penalty not to exceed 286
366		-	the higher of the maximum civil penalty provided under 49 USC 287
367		-	60122(a), as amended, or 49 CFR 190.223(a), as amended from time to 288
368		-	time. 289
369		-	(b) Any such civil penalty may be compromised by the Public 290
370		-	Utilities Regulatory Authority. In determining the amount of such 291
371		-	penalty, or the amount agreed upon in compromise, the authority shall 292
372		-	consider the criteria set forth in 49 USC 60122(b), as amended. 293
373		-	(c) Nothing in this section shall be construed to limit the penalties 294
374		-	available under section 16-33. 295
375		-	Sec. 8. (NEW) (Effective from passage) (a) For purposes of this section: 296
376		-	(1) "Covered task" means an activity that is performed on a pipeline 297
377		-	facility and that affects the safety or integrity of the pipeline; and 298
378		-	(2) "Evaluation" means a process, established and documented by 299
379		-	the operator, to determine an individual's ability to perform a covered 300
380		-	task by a (A) a written or oral examination, and (B) observation during 301
381		-	performance on the job or simulations. 302
382		-	(b) In addition to the minimum requirements for operator 303
383		-	qualification of individuals performing covered tasks on a pipeline 304
384		-	facility pursuant to 49 CFR 192, Subpart N, the requirements of this 305
385		-	section shall be applicable to such operators in the state. 306 Substitute Bill No. 960
386		-
387		-
388		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
389		-	R01-SB.docx }
390		-	11 of 26
391		-
392		-	(c) Each operator shall: 307
393		-	(1) Evaluate an individual if the operator has reason to believe that 308
394		-	the individual did not correctly perform a covered task; 309
395		-	(2) Train all individuals to ensure that individuals performing 310
396		-	covered tasks have the necessary knowledge and skills to perform 311
397		-	covered tasks in a manner that ensures the safe operation of pipeline 312
398		-	facilities; 313
399		-	(3) Document in a plan the training requirements, including, but not 314
400		-	limited to, the minimum training time for each covered task; 315
401		-	(4) Conduct evaluations more than forty-eight hours after training; 316
402		-	(5) Ensure that the evaluation process is performed by operator 317
403		-	personnel or independent third-party contractors; 318
404		-	(6) Ensure that the evaluation process evaluates task-specific 319
405		-	abnormal operating conditions; 320
406		-	(7) Ensure that inspectors are qualified for the covered tasks they 321
407		-	are inspecting; 322
408		-	(8) Ensure that the training and evaluation process is specific to the 323
409		-	operator's plans, procedures and standards; and 324
410		-	(9) Ensure that the written qualification program includes a training 325
411		-	and evaluation process for personnel performing engineering tasks. 326
412		-	Sec. 9. (NEW) (Effective from passage) (a) Any person involved in the 327
413		-	transportation of gas, as such terms are defined in section 16-280a of 328
414		-	the general statutes, except persons involved in the transportation of 329
415		-	propane, shall utilize geographic information systems to map all of 330
416		-	such person's pipeline facilities, as defined in section 16-280a of the 331
417		-	general statutes. 332
418		-	(b) Any person involved in the transportation of gas, as such terms 333 Substitute Bill No. 960
419		-
420		-
421		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
422		-	R01-SB.docx }
423		-	12 of 26
424		-
425		-	are defined in section 16-280a of the general statutes, except persons 334
426		-	involved in the transportation of propane, shall provide remote real-335
427		-	time, read-only access to all of such person's electronic systems, if the 336
428		-	authority determines that such access will be beneficial in keeping the 337
429		-	authority fully informed as to the condition of a plant, equipment and 338
430		-	manner of operation pursuant to section 16-11 of the general statutes, 339
431		-	as amended by this act. 340
432		-	Sec. 10. (NEW) (Effective from passage) On or before October 1, 2019, 341
433		-	and on or before October first of each year thereafter, any person 342
434		-	involved in the transportation of gas, as such terms are defined in 343
435		-	section 16-280a of the general statutes, except persons involved in the 344
436		-	transportation of natural gas, shall submit to the authority, on a form 345
437		-	prescribed by the authority, information the authority deems relevant 346
438		-	about such person's propane distribution systems that are subject to 347
439		-	the jurisdiction of the authority. Any changes to such information 348
440		-	submitted shall be submitted to the authority within thirty days of 349
441		-	such change. 350
442		-	Sec. 11. Section 16-356 of the general statutes is repealed and the 351
443		-	following is substituted in lieu thereof (Effective from passage): 352
444		-	Any person, public agency or public utility which the Public 353
445		-	Utilities Regulatory Authority determines, after notice and 354
446		-	opportunity for a hearing as provided in section 16-41, as amended by 355
447		-	this act, to have failed to comply with any provision of this chapter or 356
448		-	any regulation adopted under section 16-357 shall forfeit and pay to 357
449		-	the state a civil penalty of not more than forty thousand dollars, 358
450		-	provided any violation involving the failure of a public utility to mark 359
451		-	any approximate location of an underground utility facility correctly 360
452		-	or within the time frames prescribed by regulation, which violation 361
453		-	did not result in any property damage or personal injury and was not 362
454		-	the result of an act of gross negligence on the part of the public utility, 363
455		-	shall not result in a civil penalty of more than one thousand dollars. 364
456		-	Any civil penalty assessed for any violation involving the failure of a 365
457		-	public utility to properly or timely mark any approximate location of 366 Substitute Bill No. 960
458		-
459		-
460		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
461		-	R01-SB.docx }
462		-	13 of 26
463		-
464		-	an underground facility shall be paid by the person, public agency or 367
465		-	public utility to whom the notice is addressed. If any such person, 368
466		-	public agency or public utility recovers any portion of the penalty from 369
467		-	any person, the authority may direct such person, public agency or 370
468		-	public utility to forfeit such recovered penalty, as provided in such 371
469		-	notice. Notwithstanding the provisions contained in subsection (d) of 372
470		-	section 16-41, the person, public agency or public utility receiving a 373
471		-	notice of violation pursuant to subsection (c) of section 16-41 shall have 374
472		-	thirty days from the date of receipt of the notice in which to deliver to 375
473		-	the authority a written application for a hearing. 376
474		-	Sec. 12. Section 16-243a of the general statutes is repealed and the 377
475		-	following is substituted in lieu thereof (Effective from passage): 378
476		-	[(a) As used in this section, "avoided costs" means the incremental 379
477		-	costs to an electric public service company, municipal electric energy 380
478		-	cooperative organized under chapter 101a or municipal electric utility 381
479		-	organized under chapter 101, of electric energy or capacity or both 382
480		-	which, but for the purchase from a private power producer, as defined 383
481		-	in section 16-243b, such company, cooperative or utility would 384
482		-	generate itself or purchase from another source. 385
483		-	(b) Each electric public service company, municipal electric energy 386
484		-	cooperative and municipal electric utility shall: (1) Purchase any 387
485		-	electrical energy and capacity made available, directly by a private 388
486		-	power producer or indirectly under subdivision (4) of this subsection; 389
487		-	(2) sell backup electricity to any private power producer in its service 390
488		-	territory; (3) make such interconnections in accordance with the 391
489		-	regulations adopted pursuant to subsection (h) of this section 392
490		-	necessary to accomplish such purchases and sales; (4) upon approval 393
491		-	by the Public Utilities Regulatory Authority of an application filed by a 394
492		-	willing private power producer, transmit energy or capacity from the 395
493		-	private power producer to any other such company, cooperative or 396
494		-	utility or to another facility operated by the private power producer; 397
495		-	and (5) offer to operate in parallel with a private power producer. In 398
496		-	making a decision on an application filed under subdivision (4) of this 399 Substitute Bill No. 960
497		-
498		-
499		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
500		-	R01-SB.docx }
501		-	14 of 26
502		-
503		-	subsection, the authority shall consider whether such transmission 400
504		-	would (A) adversely impact the customers of the co mpany, 401
505		-	cooperative or utility which would transmit energy or capacity to the 402
506		-	private power producer, (B) result in an uncompensated loss for, or 403
507		-	unduly burden, such company, cooperative, utility or private power 404
508		-	producer, (C) impair the reliability of service of such company, 405
509		-	cooperative or utility, or (D) impair the ability of the company, 406
510		-	cooperative or utility to provide adequate service to its customers. The 407
511		-	authority shall issue a decision on such an application not later than 408
512		-	one hundred twenty days after the application is filed, provided, the 409
513		-	authority may, before the end of such period and upon notifying all 410
514		-	parties and intervenors to the proceeding, extend the period by thirty 411
515		-	days. If the authority does not issue a decision within one hundred 412
516		-	twenty days after receiving such an application, or within one hundred 413
517		-	fifty days if the authority extends the period in accordance with the 414
518		-	provisions of this subsection, the application shall be deemed to have 415
519		-	been approved. The requirements under subdivisions (3), (4) and (5) of 416
520		-	this subsection shall be subject to reasonable standards for operating 417
521		-	safety and reliability and the nondiscriminatory assessment of costs 418
522		-	against private power producers, approved by the Public Utilities 419
523		-	Regulatory Authority with respect to electric public service companies 420
524		-	or determined by municipal electric energy cooperatives and 421
525		-	municipal electric utilities. 422
526		-	(c) The Public Utilities Regulatory Authority, with respect to electric 423
527		-	public service companies, and each municipal electric energy 424
528		-	cooperative and municipal electric utility shall establish rates and 425
529		-	conditions of service for: (1) The purchase of electrical energy and 426
530		-	capacity made available by a private power producer; and (2) the sale 427
531		-	of backup electricity to a private power producer. The rates for 428
532		-	electricity purchased from a private power producer shall be based on 429
533		-	the full avoided costs of the electric public service company, municipal 430
534		-	electric energy cooperative or municipal electric utility, regardless of 431
535		-	whether the purchaser is simultaneously making sales to the private 432
536		-	power producer. Payment for energy and capacity purchased from a 433 Substitute Bill No. 960
537		-
538		-
539		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
540		-	R01-SB.docx }
541		-	15 of 26
542		-
543		-	private power producer by any such company, cooperative or utility 434
544		-	shall be pursuant to such rates and conditions or the terms of a 435
545		-	contract between the parties. The rates and conditions of service for the 436
546		-	purchase of energy and capacity established by the authority pursuant 437
547		-	to this subsection shall include specific schedules for pricing in long-438
548		-	term contracts for the sale of electricity from small renewable power 439
549		-	projects to electric public service companies by private power 440
550		-	producers. Such schedules shall not exceed the present worth of the 441
551		-	projected avoided costs of the electric public service company over the 442
552		-	term of the contract. The authority shall apply to a proposed contract 443
553		-	filed with the authority after January 1, 1992, by a private power 444
554		-	producer for a small renewable power project the rates and conditions 445
555		-	of service, including the pricing schedule, in effect on the date the 446
556		-	private power producer submits its proposed contract to the authority, 447
557		-	regardless of the subsequent creation of differing schedules or the 448
558		-	subsequent amendment of existing schedules. 449
559		-	(d) When any person, firm or corporation proposes to enter into a 450
560		-	contract to sell energy and capacity as a private power producer, an 451
561		-	electric public service company, municipal electric energy cooperative 452
562		-	or municipal electric utility shall respond promptly to all requests and 453
563		-	offers and negotiate in good faith to arrive at a contract which fairly 454
564		-	reflects the provisions of this section and the anticipated avoided costs 455
565		-	over the life of the contract. Upon application by a private power 456
566		-	producer, the authority may approve a contract which provides for 457
567		-	payment of less than the anticipated avoided costs if, considering all of 458
568		-	the provisions, the contract is at least as favorable to the private power 459
569		-	producer as a contract providing for the full avoided costs. The 460
570		-	contract may extend for a period of not more than thirty years at the 461
571		-	option of the private power producer if it has a generating facility with 462
572		-	a capacity of at least one hundred kilowatts. 463
573		-	(e) The authority shall consider generating capacity available from 464
574		-	cogeneration technology and renewable energy resources in its 465
575		-	periodic reviews of electric public service companies and shall require 466 Substitute Bill No. 960
576		-
577		-
578		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
579		-	R01-SB.docx }
580		-	16 of 26
581		-
582		-	the companies to include the availability of such capacity in 467
583		-	applications for rate relief filed in accordance with section 16-19a. 468
584		-	(f) If a private power producer believes that an electric distribution 469
585		-	company has violated any provision of this section it may submit a 470
586		-	written petition alleging such violation to the authority. Upon receipt 471
587		-	of the petition, the authority shall fix a time and place for a hearing 472
588		-	and mail notice of the hearing to the parties in interest at least one 473
589		-	week in advance. Upon the hearing, the authority may, if it finds the 474
590		-	company has violated any such provision, prescribe the manner in 475
591		-	which it shall comply. 476
592		-	(g) After January 1, 1992, the authority shall approve each proposed 477
593		-	contract submitted by a private power producer for a small renewable 478
594		-	power project, with any modifications agreed to by the parties to the 479
595		-	contract, if the filing meets the standards for exemption from the 480
596		-	proposal process and for an approvable contract established pursuant 481
597		-	to section 16-6b, and is consistent with the pricing schedules adopted 482
598		-	pursuant to subsection (c) of this section. Nothing in this section shall 483
599		-	preclude a modification of such a contract if the parties to the contract 484
600		-	agree to the modification. Any such modification shall be approved by 485
601		-	the authority. The authority shall reconsider each decision issued 486
602		-	pursuant to this section between January 1, 1992, and June 29, 1993, 487
603		-	regarding such contracts and shall make any modifications to each 488
604		-	such decision necessary to ensure that each such decision conforms 489
605		-	with the provisions of this section. 490
606		-	(h) Not later than January 1, 2008, the Public Utilities Regulatory 491
607		-	Authority shall issue a final decision approving interconnection 492
608		-	standards that meet or exceed national standards of interconnectivity. 493
609		-	If the authority does not issue a final decision by October 1, 2008, each 494
610		-	electric distribution company, municipal electric energy cooperative 495
611		-	and municipal electric utility shall meet the standards set forth in Title 496
612		-	4, Chapter 4, Subchapter 9, "Net Metering and Interconnection 497
613		-	Standards for Class I Renewable Energy Systems" of the New Jersey 498
614		-	Administrative Code.] 499 Substitute Bill No. 960
615		-
616		-
617		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
618		-	R01-SB.docx }
619		-	17 of 26
620		-
621		-	(a) As used in this title, "PURPA" means the Public Utilities 500
622		-	Regulatory Policies Act of 1978, codified at 18 USC 824a-3, and its 501
623		-	implementing regulations, 18 CFR 292, as amended from time to time, 502
624		-	and "Qualifying Facilities" or "QF" has the same meaning as provided 503
625		-	in 18 CFR 292.101(b)(1). 504
626		-	(b) As used in section 16-243b, as amended by this act, "avoided 505
627		-	costs" means the costs avoided by an electric distribution company as a 506
628		-	result of purchasing power or capacity from a qualifying facility, as 507
629		-	approved by the Public Utilities Regulatory Authority in accordance 508
630		-	with section 16-243b, as amended by this act, and that do not result in 509
631		-	costs greater than those which the purchasing electric distribution 510
632		-	company would incur if such electric distribution company did not 511
633		-	make such purchases and instead purchased electricity or capacity 512
634		-	from the regional wholesale electricity markets. 513
635		-	Sec. 13. Section 16-243b of the general statutes is repealed and the 514
636		-	following is substituted in lieu thereof (Effective from passage): 515
637		-	[(a) As used in this title: 516
638		-	(1) "Private power production facility" means a facility which 517
639		-	generates electricity in the state (A) solely through the use of 518
640		-	cogeneration technology, provided the average useful thermal energy 519
641		-	output of the facility is at least twenty per cent of the total energy 520
642		-	output of the facility, (B) solely through the use of renewable energy 521
643		-	sources, or (C) through both only; 522
644		-	(2) "Useful thermal energy output" means the thermal energy made 523
645		-	available for use in any industrial or commercial process, or used in 524
646		-	any heating or cooling application; 525
647		-	(3) "Private power producer" means (A) a subsidiary of a gas public 526
648		-	service company which is not affiliated with an electric public service 527
649		-	company, or a subsidiary of a holding company controlling, directly or 528
650		-	indirectly, a gas public service company but not an electric public 529
651		-	service company, which generates electricity solely through ownership 530 Substitute Bill No. 960
652		-
653		-
654		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
655		-	R01-SB.docx }
656		-	18 of 26
657		-
658		-	of fifty per cent or less of a private power production facility or, with 531
659		-	the approval of the Public Utilities Regulatory Authority, through 532
660		-	ownership of one hundred per cent of a private power production 533
661		-	facility which (i) uses a source of energy other than gas as the primary 534
662		-	energy source of the facility, or (ii) uses gas as the primary energy 535
663		-	source of the facility and uses an improved and innovative technology 536
664		-	which furthers the state energy policy as set forth in section 16a-35k, 537
665		-	(B) a subsidiary of any other public service company or a subsidiary of 538
666		-	a holding company controlling, directly or indirectly, such a public 539
667		-	service company, which generates electricity solely through ownership 540
668		-	of fifty per cent or less of a private power production facility, (C) the 541
669		-	state, a political subdivision of the state or any other person, firm or 542
670		-	corporation other than a public service company or any corporation 543
671		-	which was a public service company, prior to July 1, 1981, and which 544
672		-	consents to be regulated as a public service company or a holding 545
673		-	company for a public service company, which generates electricity 546
674		-	solely through ownership of one hundred per cent or less of a private 547
675		-	power production facility, or (D) any combination thereof; 548
676		-	(4) "Private power provider" means any person, firm, corporation, 549
677		-	nonprofit corporation, limited liability company, governmental entity, 550
678		-	or other entity, including any public service company, holding 551
679		-	company, or subsidiary, which provides energy conservation or 552
680		-	demand management measures pursuant to section 16 -243f and 553
681		-	regulations and orders issued hereunder, which replace the need for 554
682		-	electricity generating capacity that electric public service companies 555
683		-	would otherwise require; 556
684		-	(5) "Electricity conservation or demand management measures" 557
685		-	means the provision pursuant to this section and section 16-243f and 558
686		-	regulations and orders adopted hereunder by a private power 559
687		-	provider to an electric public service company or its customers of 560
688		-	equipment or services or both designed to conserve electricity or to 561
689		-	manage electricity load; and 562
690		-	(6) "Small renewable power project" means any private power 563 Substitute Bill No. 960
691		-
692		-
693		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
694		-	R01-SB.docx }
695		-	19 of 26
696		-
697		-	production facility which has a capacity of five megawatts or less and 564
698		-	is fueled by a renewable resource, as defined in section 16a-2, other 565
699		-	than wood. 566
700		-	(b) No provision of this section shall limit the jurisdiction of the 567
701		-	Public Utilities Regulatory Authority with regard to the effects on a 568
702		-	public service company of a private power producer which is an 569
703		-	affiliate or a subsidiary of the public service company.] 570
704		-	(a) Each electric distribution company shall file with the Public 571
705		-	Utilities Regulatory Authority for review and approval three pro 572
706		-	forma tariffs for the purchase of energy and capacity from eligible 573
707		-	qualifying facilities from which the electric distribution company is 574
708		-	obligated to purchase energy or capacity pursuant to 18 CFR 292.303. 575
709		-	Tariffs required pursuant to this section shall address each of the 576
710		-	following types of PURPA transactions: (1) Energy-only qualifying 577
711		-	facility sales; (2) capacity-only qualifying facility sales; and (3) energy 578
712		-	and capacity qualifying facility sales. 579
713		-	(b) The Public Utilities Regulatory Authority shall conduct an 580
714		-	uncontested proceeding to review tariffs submitted pursuant to 581
715		-	subsection (a) of this section. The authority shall approve tariffs that it 582
716		-	determines satisfy the requirements of PURPA and any other 583
717		-	requirements the authority deems appropriate. 584
718		-	(c) Each tariff submitted pursuant to subsection (a) of this section 585
719		-	shall establish a process by which qualifying facilities may elect to be 586
720		-	compensated either: (1) Based on avoided costs calculated at the time 587
721		-	of delivery; or (2) based on avoided costs forecasted at the time an 588
722		-	obligation to purchase arises pursuant to 18 CFR 292.303. 589
723		-	Sec. 14. Subdivision (24) of subsection (b) of section 7-233e of the 590
724		-	general statutes is repealed and the following is substituted in lieu 591
725		-	thereof (Effective from passage): 592
726		-	(24) To contract for the purchase or exchange of electricity produced 593
727		-	by a [person using cogeneration technology or renewable fuel 594 Substitute Bill No. 960
728		-
729		-
730		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
731		-	R01-SB.docx }
732		-	20 of 26
733		-
734		-	resources] Qualifying Facility, as defined in [section 16-1] 18 CFR 595
735		-	292.101(b)(1), or for the sale or exchange of electricity produced by the 596
736		-	municipal cooperative to such person, provided such purchase, sale or 597
737		-	exchange [is subject to the rates and conditions of service established 598
738		-	in accordance with section 16-243a] complies with the rates and 599
739		-	conditions of service established in 18 CFR 292; 600
740		-	Sec. 15. Section 12-408b of the general statutes is repealed and the 601
741		-	following is substituted in lieu thereof (Effective from passage): 602
742		-	On and after July 1, 1991, any person, firm or corporation who pays 603
743		-	a sales and use tax, which tax would not have been due prior to July 1, 604
744		-	1991, pursuant to subdivision (39) of section 12-412 of the general 605
745		-	statutes, revision of 1958, revised to January 1991, shall recover the tax 606
746		-	paid by (1) adding such tax to any amounts otherwise payable [under 607
747		-	a sales contract] pursuant to a tariff approved by the Public Utilities 608
748		-	Regulatory Authority pursuant to [subsection (d) of] section 16-243a, 609
749		-	as amended by this act, and (2) amortizing such tax, together with 610
750		-	interest at the rate paid on front-loaded payments, over the life of a 611
751		-	sales contract approved by the department pursuant to said subsection 612
752		-	(d). 613
753		-	Sec. 16. Subdivision (3) of subsection (a) of section 16-1 of the 614
754		-	general statutes is repealed and the following is substituted in lieu 615
755		-	thereof (Effective from passage): 616
756		-	(3) "Public service company" includes electric distribution, gas, 617
757		-	telephone, pipeline, sewage, water and community antenna television 618
758		-	companies and holders of a certificate of cable franchise authority, 619
759		-	owning, leasing, maintaining, operating, managing or controlling 620
760		-	plants or parts of plants or equipment, but shall not include towns, 621
761		-	cities, boroughs, any municipal corporation or department thereof, 622
762		-	whether separately incorporated or not, a [private power producer] 623
763		-	producer Qualifying Facility, as defined in [section 16-243b] 18 CFR 624
764		-	292.101(b)(1), or an exempt wholesale generator, as defined in 15 USC 625
765		-	79z-5a; 626 Substitute Bill No. 960
766		-
767		-
768		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
769		-	R01-SB.docx }
770		-	21 of 26
771		-
772		-	Sec. 17. Subdivision (23) of subsection (a) of section 16-1 of the 627
773		-	general statutes is repealed and the following is substituted in lieu 628
774		-	thereof (Effective from passage): 629
775		-	(23) "Electric distribution company" or "distribution company" 630
776		-	means any person providing electric transmission or distribution 631
777		-	services within the state, but does not include: (A) A [private power 632
778		-	producer] Qualifying Facility, as defined in [section 16-243b] 18 CFR 633
779		-	292.101(b)(1); (B) a municipal electric utility established under chapter 634
780		-	101, other than a participating municipal electric utility; (C) a 635
781		-	municipal electric energy cooperative established under chapter 101a; 636
782		-	(D) an electric cooperative established under chapter 597; (E) any other 637
783		-	electric utility owned, leased, maintained, operated, managed or 638
784		-	controlled by any unit of local government under any general statute 639
785		-	or special act; (F) an electric supplier; (G) an entity approved to 640
786		-	submeter pursuant to section 16-19ff; or (H) a municipality, state or 641
787		-	federal governmental entity authorized to distribute electricity across a 642
788		-	public highway or street pursuant to section 16-243aa; 643
789		-	Sec. 18. Subsection (a) of section 16-50i of the general statutes is 644
790		-	repealed and the following is substituted in lieu thereof (Effective from 645
791		-	passage): 646
792		-	(a) "Facility" means: (1) An electric transmission line of a design 647
793		-	capacity of sixty-nine kilovolts or more, including associated 648
794		-	equipment but not including a transmission line tap, as defined in 649
795		-	subsection (e) of this section; (2) a fuel transmission facility, except a 650
796		-	gas transmission line having a design capability of less than two 651
797		-	hundred pounds per square inch gauge pressure or having a design 652
798		-	capacity of less than twenty per cent of its specified minimum yield 653
799		-	strength; (3) any electric generating or storage facility using any fuel, 654
800		-	including nuclear materials, including associated equipment for 655
801		-	furnishing electricity but not including an emergency generating 656
802		-	device, as defined in subsection (f) of this section or a facility (A) 657
803		-	[owned and operated by a private power producer, as defined in 658
804		-	section 16-243b, (B) which is a qualifying small power production 659 Substitute Bill No. 960
805		-
806		-
807		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
808		-	R01-SB.docx }
809		-	22 of 26
810		-
811		-	facility or a qualifying cogeneration facility under the Public Utility 660
812		-	Regulatory Policies Act of 1978, as amended] which is a Qualifying 661
813		-	Facility, as defined in 18 CFR 292.101(b)(1), or a facility determined by 662
814		-	the council to be primarily for a producer's own use, and [(C)] (B) 663
815		-	which has, in the case of a [facility] Qualifying Facility utilizing 664
816		-	renewable energy sources, a generating capacity of one megawatt of 665
817		-	electricity or less and, in the case of a [facility] Qualifying Facility 666
818		-	utilizing cogeneration technology, a generating capacity of twenty-five 667
819		-	megawatts of electricity or less; (4) any electric substation or 668
820		-	switchyard designed to change or regulate the voltage of electricity at 669
821		-	sixty-nine kilovolts or more or to connect two or more electric circuits 670
822		-	at such voltage, which substation or switchyard may have a substantial 671
823		-	adverse environmental effect, as determined by the council established 672
824		-	under section 16-50j, and other facilities which may have a substantial 673
825		-	adverse environmental effect as the council may, by regulation, 674
826		-	prescribe; (5) such community antenna television towers and head-end 675
827		-	structures, including associated equipment, which may have a 676
828		-	substantial adverse environmental effect, as said council shall, by 677
829		-	regulation, prescribe; and (6) such telecommunication towers, 678
830		-	including associated telecommunications equipment, owned or 679
831		-	operated by the state, a public service company or a certified 680
832		-	telecommunications provider or used in a cellular system, as defined 681
833		-	in [the Code of Federal Regulations Title 47, Part 22] 47 CFR 22, as 682
834		-	amended, which may have a substantial adverse environmental effect, 683
835		-	as said council shall, by regulation, prescribe; 684
836		-	Sec. 19. Section 16a-49 of the general statutes is repealed and the 685
837		-	following is substituted in lieu thereof (Effective from passage): 686
838		-	[(a)] The Public Utilities Regulatory Authority shall require each gas 687
839		-	and electric public service company to implement a cost effective 688
840		-	conservation and load management program consistent with 689
841		-	integrated resource planning principles. As part of each conservation 690
842		-	and load management program, the authority shall require specific 691
843		-	programs to target the needs of manufacturers. The authority shall 692 Substitute Bill No. 960
844		-
845		-
846		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
847		-	R01-SB.docx }
848		-	23 of 26
849		-
850		-	allow the gas or electric public service company either: (1) To earn a 693
851		-	return on prudently incurred multiyear conservation and load 694
852		-	management expenditures on programs and measures approved by 695
853		-	the authority included in the company's rate base and successfully 696
854		-	implemented by the company at a rate at least one percentage point 697
855		-	but no more than five percentage points higher than such company's 698
856		-	rate of return otherwise found to be reasonable; or (2) authorize a 699
857		-	return of at least one percentage point but no more than five 700
858		-	percentage points on the company's prudently incurred conservation 701
859		-	and load management expenditures treated as operating costs on 702
860		-	programs and measures approved by the authority and successfully 703
861		-	implemented by the company. For the purposes of this section, 704
862		-	"conservation and load management expenditures" shall include all 705
863		-	prudent expenditures, approved by the authority by gas or electric 706
864		-	public service companies designed to conserve energy or manage gas 707
865		-	or energy load. 708
866		-	[(b) The authority may authorize an electric public service company 709
867		-	a return on such company's expenditures in acquiring energy 710
868		-	conservation or load management measures, approved by the 711
869		-	authority, from private power providers, as defined in section 16-712
870		-	243b.] 713
871		-	Sec. 20. Section 49-4c of the general statutes is repealed and the 714
872		-	following is substituted in lieu thereof (Effective from passage): 715
873		-	Any mortgage entered into subsequent to July 1, 1986, between a 716
874		-	[private power producer, as defined in section 16-243b, or the owner or 717
875		-	operator of a qualifying facility] Qualifying Facility, as defined in [Part 718
876		-	292 of Title 18 of the Code of Federal Regulations] 18 CFR 292, or a 719
877		-	guarantor of any of their respective obligations, as mortgagor, and an 720
878		-	electric distribution company, as defined in section 16-1, as amended 721
879		-	by this act, as mortgagee, shall be valid to secure all obligations then 722
880		-	existing or thereafter arising of the mortgagor to the mortgagee under 723
881		-	an electricity purchase [agreement] tariff, including, without 724
882		-	limitation, recovery of amounts paid to [the private power producer 725 Substitute Bill No. 960
883		-
884		-
885		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
886		-	R01-SB.docx }
887		-	24 of 26
888		-
889		-	or] the owner or operator of a [qualifying facility] Qualifying Facility 726
890		-	by the mortgagee in excess of the mortgagee's avoided costs, as 727
891		-	defined in accordance with tariffs approved by the Public Utilities 728
892		-	Regulatory Authority pursuant to section 16-243a, as amended by this 729
893		-	act, and all other damages for failure to deliver electric energy or 730
894		-	capacity or other breach of an electricity purchase agreement, 731
895		-	including, without limitation, the net replacement cost of the capacity 732
896		-	being secured by such mortgage, together with accrued interest, if any, 733
897		-	as computed in accordance with the terms of the electricity purchase 734
898		-	agreement or the mortgage, and under a guarantee of such obligations 735
899		-	or obligations created by the mortgage, and shall have priority over the 736
900		-	rights of others who shall acquire any rights in the property covered 737
901		-	by such mortgage subsequent to the recording of the mortgage in the 738
902		-	land records of the town in which the mortgaged property is situated 739
903		-	provided: (1) The electricity purchase [agreement] tariff is substantially 740
904		-	in the form approved by the Public Utilities Regulatory Authority 741
905		-	pursuant to section 16-243a, as amended by this act, and shall have 742
906		-	been entered into by the mortgagor and mortgagee prior to or 743
907		-	simultaneously with or subsequent to the execution and delivery of the 744
908		-	mortgage, (2) the caption to the mortgage shall contain the words 745
909		-	"Open-End Mortgage" and ["Electricity Purchase Agreement"] 746
910		-	"Electricity Purchase Tariff", (3) the mortgage shall state that it is 747
911		-	entered into to secure the mortgagor's obligations to the mortgagee 748
912		-	under an electricity purchase [agreement] tariff or under a guarantee 749
913		-	of any electricity purchase [agreement] tariff obligations and shall 750
914		-	recite either the address of an office of the mortgagee or its assignee in 751
915		-	the state at which a copy of the electricity purchase [agreement] tariff 752
916		-	is on file and may be inspected by the public during normal business 753
917		-	hours or that the electricity purchase [agreement] tariff has been 754
918		-	recorded, as an exhibit to the mortgage or otherwise, on or before the 755
919		-	date the mortgage is recorded, in the land records of the town in which 756
920		-	the mortgaged property is situated, provided the electricity purchase 757
921		-	[agreement] tariff shall be so recorded, (4) the amount of the obligation 758
922		-	from time to time secured by the mortgage may be determined or 759
923		-	reasonably approximated on the basis of records maintained by the 760 Substitute Bill No. 960
924		-
925		-
926		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
927		-	R01-SB.docx }
928		-	25 of 26
929		-
930		-	mortgagee or its assignee in the state, which records and an estimate of 761
931		-	the amount claimed by the mortgagee to be secured are made available 762
932		-	to the public with reasonable promptness upon written request, and 763
933		-	(5) the mortgage states the maximum amount which it shall secure. 764
934		-	Nothing in this section shall invalidate any mortgage which would be 765
935		-	valid without this section. For purposes of this section, ["electricity 766
936		-	purchase agreement"] "electricity purchase tariff" means [a contract or] 767
937		-	an agreement to purchase and sell electric energy or capacity by and 768
938		-	between [a private power producer, as defined in section 16-243b, or] 769
939		-	the owner or operator of a [qualifying facility] Qualifying Facility, as 770
940		-	defined in [Part 292 of Title 18 of the Code of Federal Regulations] 18 771
941		-	CFR 292.101(b)(1), and an electric distribution company, as defined in 772
942		-	section 16-1, as amended by this act. 773
943		-	Sec. 21. Sections 16-243d, 16-243f and 16-243g of the general statutes 774
944		-	are repealed. (Effective from passage) 775
945		-
	122	+	application for review pursuant to this subsection or the section of the 79
	123	+	general statutes that governs said contract. Notwithstanding 80
	124	+	subsection (a) of section 4-176, the authority may not on its own 81
	125	+	motion initiate a proceeding to review a contract described in this 82
	126	+	subsection. 83
	127	+	(2) The authority shall review such contract claims brought 84
	128	+	pursuant to subdivision (1) of this subsection. The authority shall 85
	129	+	decide such contract claims by issuing a declaratory ruling or a final 86
	130	+	decision in a contested case proceeding, including ordering legal and 87
	131	+	equitable contract remedies. Any party to such contract shall have the 88
	132	+	right to appeal to the Superior Court from any such declaratory ruling 89
	133	+	or final decision adjudicating such contract claims pursuant to 90
	134	+	subsection (a) of this section. 91
946	135		This act shall take effect as follows and shall amend the following
947	136		sections:
948	137
949		-	Section 1 from passage 16-35
950		-	Sec. 2 from passage 16-7
951		-	Sec. 3 from passage 16-8a
952		-	Sec. 4 from passage 16-11
953		-	Sec. 5 from passage 16-16
954		-	Sec. 6 from passage 16-41(a)
955		-	Sec. 7 from passage 16-280e
956		-	Sec. 8 from passage New section
957		-	Sec. 9 from passage New section
958		-	Sec. 10 from passage New section
959		-	Sec. 11 from passage 16-356
960		-	Sec. 12 from passage 16-243a
961		-	Sec. 13 from passage 16-243b
962		-	Sec. 14 from passage 7-233e(b)(24)
963		-	Sec. 15 from passage 12-408b
964		-	Sec. 16 from passage 16-1(a)(3) Substitute Bill No. 960
	138	+	Section 1 October 1, 2019 16-245n(e)(1)
	139	+	Sec. 2 from passage and
	140	+	applicable to contracts
	141	+	approved on or after said
	142	+	date
	143	+	16-35
965	144
	145	+	Statement of Purpose:
	146	+	To accurately reflect the number of nonvoting members that serve on
	147	+	the board of the Green Bank and to require the Public Utilities
	148	+	Regulatory Authority to review claims arising from contracts the
	149	+	authority previously approved.
966	150
967		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00960-
968		-	R01-SB.docx }
969		-	26 of 26
970		-
971		-	Sec. 17 from passage 16-1(a)(23)
972		-	Sec. 18 from passage 16-50i(a)
973		-	Sec. 19 from passage 16a-49
974		-	Sec. 20 from passage 49-4c
975		-	Sec. 21 from passage Repealer section
976		-
977		-	Statement of Legislative Commissioners:
978		-	In Sec. 11(a) and in Sec. 14, "Part" was deleted for consistency with
979		-	standard drafting conventions.
980		-
981		-	ET Joint Favorable Subst.
	151	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	152	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	153	+	not underlined.]
982	154