| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06442-R02- | |
| 4 | + | HB.docx | |
| 5 | + | 1 of 28 | |
| 3 | 6 | ||
| 4 | - | Substitute House Bill No. 6442 | |
| 7 | + | General Assembly Substitute Bill No. 6442 | |
| 8 | + | January Session, 2021 | |
| 5 | 9 | ||
| 6 | - | Public Act No. 21-159 | |
| 7 | 10 | ||
| 8 | 11 | ||
| 9 | 12 | AN ACT CONCERNING EQ UITABLE ACCESS TO BR OADBAND. | |
| 10 | 13 | Be it enacted by the Senate and House of Representatives in General | |
| 11 | 14 | Assembly convened: | |
| 12 | 15 | ||
| 13 | - | Section 1. (NEW) (Effective July 1, 2021) As used in this section and | |
| 14 | - | sections 2 to 8, inclusive, of this act: | |
| 15 | - | (1) "Broadband Internet access service" means a mass-market retail | |
| 16 | - | service by wire that provides the capability to transmit data to and | |
| 17 | - | receive data from all or substantially all Internet endpoints, including | |
| 18 | - | any capabilities that are incidental to and enable the operation of the | |
| 19 | - | communications service, but excluding dial-up Internet access service; | |
| 20 | - | (2) "Broadband Internet access service provider" means any person or | |
| 21 | - | entity that provides broadband Internet access service through facilities | |
| 22 | - | occupying public highways or streets authorized by the Public Utilities | |
| 23 | - | Regulatory Authority, including through a certificate of public | |
| 24 | - | convenience and necessity, a certificate of video franchise authority, a | |
| 25 | - | certificate of cable franchise authority, or as a certified | |
| 26 | - | telecommunications provider; | |
| 27 | - | (3) "Digital equity" means a condition in which all individuals and | |
| 28 | - | communities have the information technology capacity needed for | |
| 29 | - | participation in society, democracy and the economy of the state; Substitute House Bill No. 6442 | |
| 16 | + | Section 1. (NEW) (Effective July 1, 2021) As used in this section and 1 | |
| 17 | + | sections 2 to 24, inclusive, of this act: 2 | |
| 18 | + | (1) "Broadband Internet access service" means a mass-market retail 3 | |
| 19 | + | service by wire or radio that provides the capability to transmit data to 4 | |
| 20 | + | and receive data from all or substantially all Internet endpoints, 5 | |
| 21 | + | including any capabilities that are incidental to and enable the operation 6 | |
| 22 | + | of the communications service, but excluding dial-up Internet access 7 | |
| 23 | + | service; 8 | |
| 24 | + | (2) "Broadband Internet access service provider" means any person or 9 | |
| 25 | + | entity that provides broadband Internet access service through facilities 10 | |
| 26 | + | occupying public highways or streets authorized by the Public Utilities 11 | |
| 27 | + | Regulatory Authority, including through a certificate of public 12 | |
| 28 | + | convenience and necessity, a certificate of video franchise authority, a 13 | |
| 29 | + | certificate of cable franchise authority, or as a certified 14 | |
| 30 | + | telecommunications provider; 15 | |
| 31 | + | (3) "Content, applications and services" means all traffic transmitted 16 | |
| 32 | + | to or from end users of a broadband Internet access service; and 17 | |
| 33 | + | (4) "End user" means any person or entity that uses a broadband 18 Substitute Bill No. 6442 | |
| 30 | 34 | ||
| 31 | - | Public Act No. 21-159 2 of 13 | |
| 32 | 35 | ||
| 33 | - | (4) "Digital literacy" means the ability to use information and | |
| 34 | - | communication technologies to find, evaluate, create and communicate | |
| 35 | - | information, requiring both cognitive and technical skills; | |
| 36 | - | (5) "Distressed municipality" has the same meaning as provided in | |
| 37 | - | section 32-9p of the general statutes; | |
| 38 | - | (6) "Shapefile" means a digital storage format containing geospatial | |
| 39 | - | or location-based data and attribute information (A) regarding the | |
| 40 | - | availability of broadband Internet access service, and (B) that can be | |
| 41 | - | viewed, edited, and mapped in geographic information system | |
| 42 | - | software; and | |
| 43 | - | (7) "Unserved area" means an area, not larger than a United States | |
| 44 | - | census block, as determined in accordance with the most recent United | |
| 45 | - | States census, identified on the broadband map developed pursuant to | |
| 46 | - | section 2 of this act, where broadband Internet access service with | |
| 47 | - | download speeds of at least twenty-five megabits per second and | |
| 48 | - | upload speeds of at least three megabits per second is not available from | |
| 49 | - | at least one broadband Internet access service provider. | |
| 50 | - | Sec. 2. (NEW) (Effective July 1, 2021) (a) The Office of Policy and | |
| 51 | - | Management shall, in accordance with sections 4d-90 and 4-67p of the | |
| 52 | - | general statutes and in consultation with other state agencies deemed | |
| 53 | - | appropriate by the Secretary of the Office of Policy and Management, | |
| 54 | - | develop and maintain an up -to-date broadband map, with | |
| 55 | - | accompanying data, showing the availability and adoption of | |
| 56 | - | broadband Internet access service, including broadband Internet | |
| 57 | - | download and upload speeds, in the state. The Office of Policy and | |
| 58 | - | Management may rely on credible and relevant data, as determined by | |
| 59 | - | the Secretary of the Office of Policy and Management, provided by | |
| 60 | - | broadband Internet access service providers, state agencies, political | |
| 61 | - | subdivisions of the state and other third parties, including, but not | |
| 62 | - | limited to, broadband Internet access service consumers, in the Substitute House Bill No. 6442 | |
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| 37 | + | R02-HB.docx } | |
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| 63 | 39 | ||
| 64 | - | Public Act No. 21-159 3 of 13 | |
| 40 | + | Internet access service. 19 | |
| 41 | + | Sec. 2. (NEW) (Effective July 1, 2021) In carrying out the provisions of 20 | |
| 42 | + | this section and sections 3 to 24, inclusive, of this act, each state agency 21 | |
| 43 | + | shall consider the extent to which their programs or policies provide for 22 | |
| 44 | + | affordable, high-speed broadband Internet access service that is vital to 23 | |
| 45 | + | the welfare and development of our society; will promote economic 24 | |
| 46 | + | development in the state; will expand educational and employment 25 | |
| 47 | + | opportunities for residents of the state; will improve access to telehealth 26 | |
| 48 | + | services, as that term is defined in section 19a-906 of the general statutes; 27 | |
| 49 | + | and will enhance the delivery of services by public, private and not-for-28 | |
| 50 | + | profit institutions and entities. Such programs and policies shall (1) 29 | |
| 51 | + | ensure the universal availability and accessibility of high-speed 30 | |
| 52 | + | broadband Internet access service to all residents and businesses in the 31 | |
| 53 | + | state, (2) establish an advanced standard for broadband Internet access 32 | |
| 54 | + | service that increases with consumer demand and technological 33 | |
| 55 | + | developments, (3) ensure that broadband Internet access service is 34 | |
| 56 | + | available and affordable on a nondiscriminatory basis for all segments 35 | |
| 57 | + | of the state's population, regardless of income, race, ethnicity and 36 | |
| 58 | + | religion, (4) study and create structures that allow partners and 37 | |
| 59 | + | providers to successfully build and sustain broadband Internet access 38 | |
| 60 | + | service infrastructure in all corners of the state, (5) ensure that state, 39 | |
| 61 | + | municipal and private educational institutions have continual access to 40 | |
| 62 | + | broadband Internet access service at all times for educational and 41 | |
| 63 | + | learning purposes, (6) encourage existing and new broadband Internet 42 | |
| 64 | + | access service providers to pilot and offer affordable services for 43 | |
| 65 | + | residents, businesses and state and municipal governments, (7) create a 44 | |
| 66 | + | regulatory environment that protects consumers and incentivizes 45 | |
| 67 | + | innovation, competition and robust services from broadband Internet 46 | |
| 68 | + | access service providers, and (8) invest in the development of a diverse 47 | |
| 69 | + | broadband Internet access service technology workforce by 48 | |
| 70 | + | encouraging strong ties to the state's educational community to grow 49 | |
| 71 | + | the talent pipeline. 50 | |
| 72 | + | Sec. 3. (NEW) (Effective July 1, 2021) (a) The Office of Policy and 51 Substitute Bill No. 6442 | |
| 65 | 73 | ||
| 66 | - | development and maintenance of said map. The Secretary of the Office | |
| 67 | - | of Policy and Management may employ outside consultants in the | |
| 68 | - | development and maintenance of said map. | |
| 69 | - | (b) On or before December 1, 2022, and each year thereafter, the | |
| 70 | - | Secretary of the Office of Policy and Management shall publish said up- | |
| 71 | - | to-date broadband map on the Office of Policy and Management's | |
| 72 | - | Internet web site. | |
| 73 | - | (c) (1) Each broadband Internet access service provider shall provide | |
| 74 | - | the Office of Policy and Management, in a form and manner prescribed | |
| 75 | - | by the Secretary of the Office of Policy and Management, with | |
| 76 | - | information required to develop and maintain an up-to-date broadband | |
| 77 | - | map showing the availability of broadband Internet access service and | |
| 78 | - | subscription data by broadband Internet speed offered by such | |
| 79 | - | provider. | |
| 80 | - | (A) Such information may be submitted in the form of a labeled | |
| 81 | - | shapefile that shall include (i) for each address or structure in the state | |
| 82 | - | at which service is available from the broadband Internet access service | |
| 83 | - | provider, the maximum advertised downstream bandwidth, maximum | |
| 84 | - | advertised upstream bandwidth and transmission technology, and (ii) | |
| 85 | - | for each area served by the broadband Internet access service provider, | |
| 86 | - | provided such area is not larger than a census block group, for each | |
| 87 | - | combination of advertised downstream and upstream bandwidth of the | |
| 88 | - | service as sold and transmission technology, the total number of | |
| 89 | - | connections and total number of consumer connections. | |
| 90 | - | (B) In prescribing the form and manner of the information submitted | |
| 91 | - | pursuant to this subsection, the Secretary of the Office of Policy and | |
| 92 | - | Management shall make reasonable efforts to conform with the | |
| 93 | - | Broadband Deployment Accuracy and Technological Availability Act, | |
| 94 | - | 47 USC 641 et seq., as amended from time to time, the Federal | |
| 95 | - | Communications Commission rules adopted thereunder and the Substitute House Bill No. 6442 | |
| 96 | 74 | ||
| 97 | - | Public Act No. 21-159 4 of 13 | |
| 75 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06442- | |
| 76 | + | R02-HB.docx } | |
| 77 | + | 3 of 28 | |
| 98 | 78 | ||
| 99 | - | Federal Communications Commission's Form 477 filing process. | |
| 100 | - | (2) Any information provided by a broadband Internet access service | |
| 101 | - | provider pursuant to this subsection shall be deemed a trade secret and | |
| 102 | - | exempt from public disclosure pursuant to section 1-210 of the general | |
| 103 | - | statutes. Pursuant to a data sharing agreement, the Office of Policy and | |
| 104 | - | Management may provide such information to the Department of | |
| 105 | - | Energy and Environmental Protection, the Office of State Broadband | |
| 106 | - | and the Commission for Educational Technology for the purposes of | |
| 107 | - | administering the grant program and preparing the reports required | |
| 108 | - | under section 3 of this act, and shall not disclose such information to any | |
| 109 | - | nongovernmental individual or entity, other than an outside consultant | |
| 110 | - | employed pursuant to subsection (a) of this section or section 3 of this | |
| 111 | - | act, except: (A) In an aggregated form necessary to develop and | |
| 112 | - | maintain the map and data pursuant to subsection (a) of this section, or | |
| 113 | - | (B) with the permission of the broadband Internet access service | |
| 114 | - | provider. Any contract or data-sharing agreement entered into by the | |
| 115 | - | Office of Policy and Management with other governmental entities or | |
| 116 | - | outside consultants shall include a confidentiality agreement | |
| 117 | - | concerning the trade secret information obtained pursuant to this | |
| 118 | - | subsection. | |
| 119 | - | (d) Each state agency and political subdivision of the state shall | |
| 120 | - | provide all information requested by the Office of Policy and | |
| 121 | - | Management for the purpose of developing and maintaining an up-to- | |
| 122 | - | date broadband map. | |
| 123 | - | Sec. 3. (NEW) (Effective July 1, 2021) (a) On or before January 1, 2022, | |
| 124 | - | the Commissioner of Energy and Environmental Protection shall | |
| 125 | - | establish and administer a grant program, subject to the availability of | |
| 126 | - | federal funding, to support the deployment of broadband Internet | |
| 127 | - | access service. The commissioner shall establish criteria consistent with | |
| 128 | - | any requirement of federal law for the grants, including, but not limited | |
| 129 | - | to, (1) application requirements, (2) applicant eligibility, (3) addressing Substitute House Bill No. 6442 | |
| 79 | + | Management shall, in accordance with sections 4d-90 and 4-67p of the 52 | |
| 80 | + | general statutes and in consultation with the Department of Energy and 53 | |
| 81 | + | Environmental Protection, the Office of State Broadband, the 54 | |
| 82 | + | Department of Economic and Community Development and other state 55 | |
| 83 | + | agencies deemed appropriate by the Office of Policy and Management, 56 | |
| 84 | + | develop a plan and reporting requirements to produce up-to-date maps 57 | |
| 85 | + | of broadband availability and upload and download speeds in the state. 58 | |
| 86 | + | Broadband Internet access service providers shall be consulted in the 59 | |
| 87 | + | development of the plan and reporting requirements for producing and 60 | |
| 88 | + | maintaining detailed and accurate broadband maps for the state. The 61 | |
| 89 | + | Office of Policy and Management may employ outside consultants in 62 | |
| 90 | + | the development of such maps. 63 | |
| 91 | + | (b) The Commissioner of Economic and Community Development 64 | |
| 92 | + | shall make recommendations to the Office of Policy and Management, 65 | |
| 93 | + | for inclusion in the joint report pursuant to subsection (c) of this section, 66 | |
| 94 | + | concerning the needs of the business community and economic 67 | |
| 95 | + | development. 68 | |
| 96 | + | (c) On or before January 31, 2022, the Office of Policy and 69 | |
| 97 | + | Management, the Office of State Broadband and the Department of 70 | |
| 98 | + | Energy and Environmental Protection shall jointly report to the 71 | |
| 99 | + | Governor concerning the status of the plan described in subsection (a) 72 | |
| 100 | + | of this section. 73 | |
| 101 | + | (d) The Commission for Educational Technology, established 74 | |
| 102 | + | pursuant to section 4d-80 of the general statutes, shall, in consultation 75 | |
| 103 | + | with the Department of Education, the Office of State Broadband, the 76 | |
| 104 | + | Office of Policy Management, the Connecticut State Colleges and 77 | |
| 105 | + | Universities, the Office of Higher Education and the Department of 78 | |
| 106 | + | Economic and Community Development, conduct an analysis on the 79 | |
| 107 | + | availability of broadband Internet access service and learning devices 80 | |
| 108 | + | for students in prekindergarten to grade twelve, inclusive, and post-81 | |
| 109 | + | secondary education, including vocational and technical opportunities, 82 | |
| 110 | + | in concert with and informed by state broadband mapping activities. 83 Substitute Bill No. 6442 | |
| 130 | 111 | ||
| 131 | - | Public Act No. 21-159 5 of 13 | |
| 132 | 112 | ||
| 133 | - | unserved areas in distressed municipalities, (4) broadband Internet | |
| 134 | - | access service speed, and (5) an applicant's commitment to pay at least | |
| 135 | - | twenty per cent of the costs for any project entered into pursuant to this | |
| 136 | - | section with such applicant's own funding, provided such funding does | |
| 137 | - | not derive from government grants, loans or subsidies to said applicant. | |
| 138 | - | In awarding such grants, the commissioner may give priority to | |
| 139 | - | applicants based on the percentage of said applicant's commitment to | |
| 140 | - | cost sharing. The commissioner may deny applications from broadband | |
| 141 | - | Internet access service providers that do not provide information to the | |
| 142 | - | Office of Policy and Management pursuant to subsection (c) of section 2 | |
| 143 | - | of this act or to the Department of Energy and Environmental Protection | |
| 144 | - | pursuant to subsection (b) of section 4 of this act. The commissioner may | |
| 145 | - | employ outside consultants in developing and implementing said grant | |
| 146 | - | program. | |
| 147 | - | (b) On or before January 1, 2023, and every year thereafter for a | |
| 148 | - | period of five years after receiving a grant pursuant to this section, the | |
| 149 | - | recipient of such grant shall submit a report to the Commissioner of | |
| 150 | - | Energy and Environmental Protection concerning the status of such | |
| 151 | - | recipient's broadband Internet access service deployment and other | |
| 152 | - | information deemed relevant by the commissioner. | |
| 153 | - | (c) On or before December 1, 2022, and every two years thereafter, the | |
| 154 | - | Department of Energy and Environmental Protection, in consultation | |
| 155 | - | with the Office of Policy and Management, the Office of State | |
| 156 | - | Broadband, the Commission for Educational Technology and other state | |
| 157 | - | agencies deemed appropriate by the Commissioner of Energy and | |
| 158 | - | Environmental Protection, shall report to the Governor concerning (1) | |
| 159 | - | the grants awarded pursuant to this section, (2) the status and progress | |
| 160 | - | made toward a state-wide goal of attaining universal access to (A) | |
| 161 | - | broadband Internet download speeds of one gigabit per second; and (B) | |
| 162 | - | broadband Internet upload speeds of one hundred megabits per second, | |
| 163 | - | and (3) broadband Internet access service adoption rates, the price and Substitute House Bill No. 6442 | |
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| 164 | 116 | ||
| 165 | - | Public Act No. 21-159 6 of 13 | |
| 117 | + | (e) On or before July 1, 2023, the Commission for Educational 84 | |
| 118 | + | Technology shall submit a report to the Governor and the General 85 | |
| 119 | + | Assembly. Such report shall provide the status of the analysis required 86 | |
| 120 | + | pursuant to this section. 87 | |
| 121 | + | Sec. 4. (NEW) (Effective July 1, 2021) (a) On or before January 31, 2022, 88 | |
| 122 | + | the Department of Energy and Environmental Protection shall, in 89 | |
| 123 | + | consultation with the Office of State Broadband, the Department of 90 | |
| 124 | + | Economic and Community Development, the Commission for 91 | |
| 125 | + | Educational Technology and the Office of Policy and Management, 92 | |
| 126 | + | establish a broadband Internet speed classification metric of (1) well 93 | |
| 127 | + | served, (2) adequately served, and (3) underserved communities in the 94 | |
| 128 | + | state to inform state policy, investment strategy and consumer 95 | |
| 129 | + | awareness. Such Internet speed classification metrics shall include both 96 | |
| 130 | + | upload and download speed metrics and other applicable standards, as 97 | |
| 131 | + | determined by the Department of Energy and Environmental 98 | |
| 132 | + | Protection, and shall be adjusted annually, as provided in subsection (c) 99 | |
| 133 | + | of this section, as of the following October first and each subsequent 100 | |
| 134 | + | October first. 101 | |
| 135 | + | (b) On or before January 31, 2022, and annually thereafter, the 102 | |
| 136 | + | Department of Energy and Environmental Protection, in consultation 103 | |
| 137 | + | with the Office of State Broadband, the Office of Policy and 104 | |
| 138 | + | Management and the Departmen t of Economic and Community 105 | |
| 139 | + | Development, shall report on the broadband Internet speed 106 | |
| 140 | + | classification metrics, described in subsection (a) of this section, and 107 | |
| 141 | + | additional data sharing requirements developed in subsection (a) of 108 | |
| 142 | + | section 3 of this act, to the Governor and the joint standing committee of 109 | |
| 143 | + | the General Assembly having cognizance of matters relating to energy. 110 | |
| 144 | + | (c) On or before January 31, 2022, and annually thereafter, the 111 | |
| 145 | + | Department of Energy and Environmental Protection, in consultation 112 | |
| 146 | + | with the Office of State Broadband, the Office of Policy and 113 | |
| 147 | + | Management and the Department of Economic and Community 114 | |
| 148 | + | Development shall report on the status and progress made toward a 115 | |
| 149 | + | state-wide goal of attaining, on or before January 1, 2027, universal 116 Substitute Bill No. 6442 | |
| 166 | 150 | ||
| 167 | - | nonprice barriers to broadband adoption and digital equity. Such report | |
| 168 | - | shall include recommendations to overcome any such barriers, | |
| 169 | - | including, but not limited to, addressing issues of digital literacy and | |
| 170 | - | affordability. | |
| 171 | - | Sec. 4. (NEW) (Effective July 1, 2021) (a) The Department of Energy | |
| 172 | - | and Environmental Protection shall maintain, on the department's | |
| 173 | - | Internet web site, a public listing of federal funding opportunities to | |
| 174 | - | facilitate the deployment of broadband Internet access service in the | |
| 175 | - | state. | |
| 176 | - | (b) Not later than ninety days after each such opportunity is listed, | |
| 177 | - | each broadband Internet access service provider shall notify the | |
| 178 | - | Department of Energy and Environmental Protection, in a form and | |
| 179 | - | manner prescribed by the department, to the extent permittable under | |
| 180 | - | applicable federal law, rules or guidelines, whether such provider | |
| 181 | - | applied or intends to apply for such opportunity. | |
| 182 | - | (1) If such provider applied or intends to apply for such opportunity, | |
| 183 | - | such provider shall notify the Department of Energy and Environmental | |
| 184 | - | Protection, in a form and manner prescribed by the department, of the | |
| 185 | - | municipalities where broadband deployment would be facilitated. Each | |
| 186 | - | broadband Internet access service provider that applies for such | |
| 187 | - | funding shall, to the extent permittable under federal law, rules or | |
| 188 | - | guidelines, provide the department with a copy of the application. Any | |
| 189 | - | application provided by such provider pursuant to this subparagraph | |
| 190 | - | shall be deemed a trade secret and exempt from public disclosure | |
| 191 | - | pursuant to section 1-210 of the general statutes. | |
| 192 | - | (2) If such provider did not apply or does not intend to apply for such | |
| 193 | - | opportunity, such provider shall notify the Department of Energy and | |
| 194 | - | Environmental Protection, in a form and manner prescribed by the | |
| 195 | - | department, of the reasons for such determination to the extent | |
| 196 | - | permittable under applicable federal law, rules or guidelines. Substitute House Bill No. 6442 | |
| 197 | 151 | ||
| 198 | - | Public Act No. 21-159 7 of 13 | |
| 152 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06442- | |
| 153 | + | R02-HB.docx } | |
| 154 | + | 5 of 28 | |
| 199 | 155 | ||
| 200 | - | Sec. 5. (NEW) (Effective July 1, 2021) (a) On or before January 1, 2022, | |
| 201 | - | the Public Utilities Regulatory Authority shall initiate an uncontested | |
| 202 | - | proceeding to develop a process for the construction of facilities in the | |
| 203 | - | public highways, streets or other public rights-of-way to ensure timely | |
| 204 | - | and nondiscriminatory procedures that accomplish conduit excavations | |
| 205 | - | for telecommunications service providers and broadband Internet | |
| 206 | - | access service providers. Upon application by the broadband Internet | |
| 207 | - | access service providers for the construction of underground facilities | |
| 208 | - | that will contain conduit for telecommunications service providers or | |
| 209 | - | broadband Internet access service providers, the Public Utilities | |
| 210 | - | Regulatory Authority shall condition any approval of such application | |
| 211 | - | on the following: | |
| 212 | - | (1) The size of such conduit shall be consistent with industry best | |
| 213 | - | practices and sufficient to accommodate potential demand; | |
| 214 | - | (2) Any handholes and manholes for fiber optic cable access and | |
| 215 | - | pulling with respect to each such practice shall be placed at intervals | |
| 216 | - | consistent with industry best practices; | |
| 217 | - | (3) Such conduit shall be installed with a pull tape and capabilities of | |
| 218 | - | supporting additional fiber optic cable; | |
| 219 | - | (4) The applicant shall notify telecommunications service providers | |
| 220 | - | and broadband Internet access service providers of the proposed | |
| 221 | - | excavation to reduce the potential for future street excavations in the | |
| 222 | - | same location; | |
| 223 | - | (5) Any requesting telecommunications service provider or | |
| 224 | - | broadband Internet access service provider shall be able to access such | |
| 225 | - | conduit on a competitively neutral and nondiscriminatory basis and for | |
| 226 | - | a charge not to exceed a cost-based rate; | |
| 227 | - | (6) The applicant shall report to the authority upon completion of any | |
| 228 | - | approved construction verifying that it has complied with the Substitute House Bill No. 6442 | |
| 156 | + | access to (1) broadband Internet download speeds averaging one gigabit 117 | |
| 157 | + | per second, and (2) broadband Internet upload speeds averaging two 118 | |
| 158 | + | hundred megabits per second to the Governor and the joint standing 119 | |
| 159 | + | committee of the General Assembly having cognizance of matters 120 | |
| 160 | + | relating to energy, until such time as said goal is met. 121 | |
| 161 | + | Sec. 5. (NEW) (Effective July 1, 2021) (a) Each broadband Internet 122 | |
| 162 | + | access service provider shall maintain and make available to an Internet 123 | |
| 163 | + | service account holder and to the owner of the serviced property, free of 124 | |
| 164 | + | charge, records of the property's available broadband Internet upload 125 | |
| 165 | + | and download speeds for the preceding twelve months of occupation. 126 | |
| 166 | + | (b) For any such property, the property owner shall, at the time the 127 | |
| 167 | + | property is publicly listed for sale or rent, disclose, upon request, the 128 | |
| 168 | + | broadband Internet upload and download speeds for the preceding 129 | |
| 169 | + | twelve months of occupation. 130 | |
| 170 | + | Sec. 6. Section 16-233 of the general statutes is repealed and the 131 | |
| 171 | + | following is substituted in lieu thereof (Effective July 1, 2021): 132 | |
| 172 | + | Each town, city, borough, or fire district [or] and the Department of 133 | |
| 173 | + | Transportation shall have the right to occupy and use for any purpose, 134 | |
| 174 | + | including, but not limited to, the provision of broadband Internet access 135 | |
| 175 | + | service by any town, city or borough to the public in such town, city or 136 | |
| 176 | + | borough, either directly or through commercial arrangements with 137 | |
| 177 | + | third-party entities, without payment therefor, one gain upon each 138 | |
| 178 | + | public utility pole or in each underground communications duct system 139 | |
| 179 | + | installed by a public service company within the limits of any such 140 | |
| 180 | + | town, city, borough or district, except if a town, city or borough sells its 141 | |
| 181 | + | right to occupy and use said gain to a private third-party company, such 142 | |
| 182 | + | company shall pay any public utility pole administration or attachment 143 | |
| 183 | + | fees, as applicable. The location or relocation of any such gain shall be 144 | |
| 184 | + | prescribed by the Public Utilities Regulatory Authority. Any such gain 145 | |
| 185 | + | shall be reserved for use by the town, city, borough, or fire district [or] 146 | |
| 186 | + | and the Department of Transportation. 147 Substitute Bill No. 6442 | |
| 229 | 187 | ||
| 230 | - | Public Act No. 21-159 8 of 13 | |
| 231 | 188 | ||
| 232 | - | provisions of this subsection; and | |
| 233 | - | (7) Any other condition deemed prudent and reasonable by the | |
| 234 | - | authority. | |
| 235 | - | (b) For excavations in the state highway rights-of-way, the applicant | |
| 236 | - | shall comply with the Department of Transportation's encroachment | |
| 237 | - | permit process, including the payment of any applicable fees. Any | |
| 238 | - | application for construction in the public highways, streets or other | |
| 239 | - | public rights-of-way shall require the applicant to install a conduit for | |
| 240 | - | the benefit of the Department of Transportation, as required by section | |
| 241 | - | 16-233 of the general statutes. | |
| 242 | - | (c) The Commissioner of Transportation is authorized to lease space, | |
| 243 | - | or enter into any other contract or agreement to permit access to such | |
| 244 | - | space, in any conduit installed by the Department of Transportation in | |
| 245 | - | the public highways, streets or other public rights-of-way on such terms | |
| 246 | - | and conditions, and for any purpose, deemed to be in the public interest | |
| 247 | - | by said commissioner. | |
| 248 | - | (d) Nothing in this section shall be construed to limit the use of | |
| 249 | - | conduit by the Department of Transportation on public highways, | |
| 250 | - | streets or other public rights-of-way as otherwise permitted by law. | |
| 251 | - | (e) All telecommunications service providers and broadband Internet | |
| 252 | - | access service providers that are authorized by the authority to install | |
| 253 | - | facilities in, under or over the public highways, streets or other public | |
| 254 | - | rights-of-way shall obey, observe and comply with this section and each | |
| 255 | - | applicable order made by the authority with respect to underground | |
| 256 | - | conduit. Failure to comply with this section or applicable orders of the | |
| 257 | - | authority may result in a civil penalty levied by the authority in | |
| 258 | - | accordance with section 16-41 of the general statutes. Any such fines | |
| 259 | - | shall not be recoverable costs in any rate proceeding conducted by the | |
| 260 | - | authority. Substitute House Bill No. 6442 | |
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| 190 | + | R02-HB.docx } | |
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| 261 | 192 | ||
| 262 | - | Public Act No. 21-159 9 of 13 | |
| 193 | + | Sec. 7. Subdivision (4) of subsection (a) of section 7-536 of the general 148 | |
| 194 | + | statutes is repealed and the following is substituted in lieu thereof 149 | |
| 195 | + | (Effective July 1, 2021): 150 | |
| 196 | + | (4) "Local capital improvement project" means a municipal capital 151 | |
| 197 | + | expenditure project for any of the following purposes: (A) Road 152 | |
| 198 | + | construction, renovation, repair or resurfacing, (B) sidewalk and 153 | |
| 199 | + | pavement improvements, (C) construction, renovation, enlargement or 154 | |
| 200 | + | repair of sewage treatment plants and sanitary or storm, water or sewer 155 | |
| 201 | + | lines, including separation of lines, (D) public building construction 156 | |
| 202 | + | other than schools, including renovation, repair, code compliance, 157 | |
| 203 | + | energy conservation and fire safety projects, (E) construction, 158 | |
| 204 | + | renovation, enlargement or repair of dams, bridges and flood control 159 | |
| 205 | + | projects, (F) construction, renovation, enlargement or repair of water 160 | |
| 206 | + | treatment or filtration plants and water mains, (G) construction, 161 | |
| 207 | + | renovation or enlargement of solid waste facilities, (H) improvements to 162 | |
| 208 | + | public parks, (I) the preparation and revision of local capital 163 | |
| 209 | + | improvement plans projected for a period of not less than five years and 164 | |
| 210 | + | so prepared as to show the general description, need and estimated cost 165 | |
| 211 | + | of each individual capital improvement, (J) improvements to emergency 166 | |
| 212 | + | communications systems and building security systems, including for 167 | |
| 213 | + | schools, (K) public housing projects, including renovations and 168 | |
| 214 | + | improvements and energy conservation and the development of 169 | |
| 215 | + | additional housing, (L) renovations to or construction of veterans' 170 | |
| 216 | + | memorial monuments, (M) thermal imaging systems, (N) bulky waste 171 | |
| 217 | + | and landfill projects, (O) the preparation and revision of municipal 172 | |
| 218 | + | plans of conservation and development adopted pursuant to section 8-173 | |
| 219 | + | 23, provided such plans are endorsed by the legislative body of the 174 | |
| 220 | + | municipality not more than one hundred eighty days after adoption by 175 | |
| 221 | + | the commission, (P) acquisition of automatic external defibrillators, (Q) 176 | |
| 222 | + | floodplain management and hazard mitigation activities, (R) on-board 177 | |
| 223 | + | oil refining systems consisting of a filtration canister and evaporation 178 | |
| 224 | + | canister that remove solid and liquid contaminants from lubricating oil, 179 | |
| 225 | + | (S) activities related to the planning and construction of a municipal 180 | |
| 226 | + | broadband network, provided the broadband Internet download speed 181 Substitute Bill No. 6442 | |
| 263 | 227 | ||
| 264 | - | Sec. 6. (NEW) (Effective July 1, 2021) Each broadband Internet access | |
| 265 | - | service provider shall have the same right of access to an occupied | |
| 266 | - | building, as defined in section 16-247l of the general statutes, as afforded | |
| 267 | - | to certified telecommunications service providers under section 16-247l | |
| 268 | - | of the general statutes. | |
| 269 | - | Sec. 7. (NEW) (Effective July 1, 2021) The State Building Inspector and | |
| 270 | - | the Codes and Standards Committee shall, in accordance with section | |
| 271 | - | 29-252b of the general statutes, revise the State Building Code to include | |
| 272 | - | provisions requiring buildings that qualify as a new construction or a | |
| 273 | - | major alteration of a commercial or multifamily building to include a | |
| 274 | - | minimum infrastructure requirement to support broadband Internet | |
| 275 | - | access service. The State Building Inspector and the Codes and | |
| 276 | - | Standards Committee shall define such minimum infrastructure | |
| 277 | - | requirements in such revisions. | |
| 278 | - | Sec. 8. Section 16-49 of the general statutes is repealed and the | |
| 279 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
| 280 | - | (a) As used in this section: | |
| 281 | - | (1) "Company" means (A) any public service company other than a | |
| 282 | - | telephone company, that had more than one hundred thousand dollars | |
| 283 | - | of gross revenues in the state in the calendar year preceding the | |
| 284 | - | assessment year under this section, except any such company not | |
| 285 | - | providing service to retail customers in the state, (B) any telephone | |
| 286 | - | company that had more than one hundred thousand dollars of gross | |
| 287 | - | revenues in the state from telecommunications services in the calendar | |
| 288 | - | year preceding the assessment year under this section, except any such | |
| 289 | - | company not providing service to retail customers in the state, (C) any | |
| 290 | - | certified telecommunications provider that had more than one hundred | |
| 291 | - | thousand dollars of gross revenues in the state from | |
| 292 | - | telecommunications services in the calendar year preceding the | |
| 293 | - | assessment year under this section, except any such certified Substitute House Bill No. 6442 | |
| 294 | 228 | ||
| 295 | - | Public Act No. 21-159 10 of 13 | |
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| 296 | 232 | ||
| 297 | - | telecommunications provider not providing service to retail customers | |
| 298 | - | in the state, (D) any electric supplier that had more than one hundred | |
| 299 | - | thousand dollars of gross revenues in the state in the calendar year | |
| 300 | - | preceding the assessment year under this section, except any such | |
| 301 | - | supplier not providing electric generation services to retail customers in | |
| 302 | - | the state, or (E) any certified competitive video service provider issued | |
| 303 | - | a certificate of video franchise authority by the Public Utilities | |
| 304 | - | Regulatory Authority in accordance with section 16-331e that had more | |
| 305 | - | than one hundred thousand dollars of gross revenues in the state in the | |
| 306 | - | calendar year preceding the assessment year under this section, except | |
| 307 | - | any such certified competitive video service provider not providing | |
| 308 | - | service to retail customers in the state; | |
| 309 | - | (2) "Telecommunications services" means (A) in the case of | |
| 310 | - | telecommunications services provided by a telephone company, any | |
| 311 | - | service provided pursuant to a tariff approved by the authority other | |
| 312 | - | than wholesale services and resold access and interconnections services, | |
| 313 | - | and (B) in the case of telecommunications services provided by a | |
| 314 | - | certified telecommunications provider other than a telephone company, | |
| 315 | - | any service provided pursuant to a tariff approved by the authority and | |
| 316 | - | pursuant to a certificate of public convenience and necessity; and | |
| 317 | - | (3) "Fiscal year" means the period beginning July first and ending | |
| 318 | - | June thirtieth. | |
| 319 | - | (b) On or before July 15, 1999, and on or before May first, annually | |
| 320 | - | thereafter, each company shall report its intrastate gross revenues of the | |
| 321 | - | preceding calendar year to the Public Utilities Regulatory Authority, | |
| 322 | - | which amount shall be subject to audit by the authority. For each fiscal | |
| 323 | - | year, each company shall pay the authority the company's share of all | |
| 324 | - | expenses of the department's Bureau of Energy and Technology, the | |
| 325 | - | Office of Consumer Counsel, the Office of Policy and Management's | |
| 326 | - | expenses related to the duties under sections 2 and 3 of this act and the | |
| 327 | - | operations of the Public Utilities Regulatory Authority for such fiscal Substitute House Bill No. 6442 | |
| 233 | + | of the network shall be not less than [three hundred eighty-four 182 | |
| 234 | + | thousand bits per second] one gigabit per second and the broadband 183 | |
| 235 | + | Internet upload speed of the network shall be not less than two hundred 184 | |
| 236 | + | megabits per second, (T) establishment of bikeways and greenways, (U) 185 | |
| 237 | + | land acquisition, including for open space, and costs involved in making 186 | |
| 238 | + | land available for public uses, (V) acquisition of technology related to 187 | |
| 239 | + | implementation of the Department of Education's common core state 188 | |
| 240 | + | standards, (W) technology upgrades, including for improvements to 189 | |
| 241 | + | expand public access to government information through electronic 190 | |
| 242 | + | portals and kiosks, (X) for the fiscal years ending June 30, 2013, and June 191 | |
| 243 | + | 30, 2014, acquisition of snow removal equipment, capital expenditures 192 | |
| 244 | + | made to improve public safety, and capital expenditures made to 193 | |
| 245 | + | facilitate regional cooperation, and (Y) for hazardous tree removal or 194 | |
| 246 | + | trimming for nonutility-related hazardous branches, limbs and trees on 195 | |
| 247 | + | municipal property or within a municipal right-of-way. "Local capital 196 | |
| 248 | + | improvement project" means only capital expenditures and includes 197 | |
| 249 | + | repairs incident to reconstruction and renovation but does not include 198 | |
| 250 | + | ordinary repairs and maintenance of an ongoing nature. As used in this 199 | |
| 251 | + | subdivision, "floodplain management" and "hazard mitigation" have the 200 | |
| 252 | + | same meanings as provided in section 25-68j; 201 | |
| 253 | + | Sec. 8. Section 16-11 of the general statutes is repealed and the 202 | |
| 254 | + | following is substituted in lieu thereof (Effective July 1, 2021): 203 | |
| 255 | + | The Public Utilities Regulatory Authority shall, so far as is 204 | |
| 256 | + | practicable, keep fully informed as to the condition of the plant, 205 | |
| 257 | + | equipment and manner of operation of all public service companies and 206 | |
| 258 | + | broadband Internet access service providers in respect to their adequacy 207 | |
| 259 | + | and suitability to accomplish the duties imposed upon such companies 208 | |
| 260 | + | by law and in respect to their relation to the safety of the public and of 209 | |
| 261 | + | the employees of such companies. The authority may order such 210 | |
| 262 | + | reasonable improvements, repairs or alterations in such plant or 211 | |
| 263 | + | equipment, or such changes in the manner of operation, as may be 212 | |
| 264 | + | reasonably necessary in the public interest. The general purposes of this 213 | |
| 265 | + | section and sections 16-19, 16-25, 16-43 and 16-47, as amended by this 214 Substitute Bill No. 6442 | |
| 328 | 266 | ||
| 329 | - | Public Act No. 21-159 11 of 13 | |
| 330 | 267 | ||
| 331 | - | year. On or before September first, annually, the authority shall give to | |
| 332 | - | each company a statement which shall include: (1) The amount | |
| 333 | - | appropriated to the department's Bureau of Energy and Technology, the | |
| 334 | - | Office of Consumer Counsel, the Office of Policy and Management's | |
| 335 | - | expenses related to the duties under sections 2 and 3 of this act and the | |
| 336 | - | operations of the Public Utilities Regulatory Authority for the fiscal year | |
| 337 | - | beginning July first of the same year; (2) the total gross revenues of all | |
| 338 | - | companies; and (3) the proposed assessment against the company for | |
| 339 | - | the fiscal year beginning on July first of the same year, adjusted to reflect | |
| 340 | - | the estimated payment required under subdivision (1) of subsection (c) | |
| 341 | - | of this section. Such proposed assessment shall be calculated by | |
| 342 | - | multiplying the company's percentage share of the total gross revenues | |
| 343 | - | as specified in subdivision (2) of this subsection by the total revenue | |
| 344 | - | appropriated to the department's Bureau of Energy and Technology, the | |
| 345 | - | Office of Consumer Counsel, the Office of Policy and Management's | |
| 346 | - | expenses related to the duties under sections 2 and 3 of this act and the | |
| 347 | - | operations of the Public Utility Regulatory Authority, as specified in | |
| 348 | - | subdivision (1) of this subsection. | |
| 349 | - | (c) Each company shall pay the authority: (1) On or before June | |
| 350 | - | thirtieth, annually, an estimated payment for the expenses of the | |
| 351 | - | following year equal to twenty-five per cent of its assessment for the | |
| 352 | - | fiscal year ending on such June thirtieth, (2) on or before September | |
| 353 | - | thirtieth, annually, twenty-five per cent of its proposed assessment, | |
| 354 | - | adjusted to reflect any credit or amount due under the recalculated | |
| 355 | - | assessment for the preceding fiscal year, as determined by the authority | |
| 356 | - | under subsection (d) of this section, provided if the company files an | |
| 357 | - | objection in accordance with subsection (e) of this section, it may | |
| 358 | - | withhold the amount stated in its objection, and (3) on or before the | |
| 359 | - | following December thirty-first and March thirty-first, annually, the | |
| 360 | - | remaining fifty per cent of its proposed assessment in two equal | |
| 361 | - | installments. Substitute House Bill No. 6442 | |
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| 362 | 271 | ||
| 363 | - | Public Act No. 21-159 12 of 13 | |
| 272 | + | act, are to assure to the state of Connecticut its full powers to regulate 215 | |
| 273 | + | its public service companies and broadband Internet access service 216 | |
| 274 | + | providers, to increase the powers of the Public Utilities Regulatory 217 | |
| 275 | + | Authority and to promote local control of the public service companies 218 | |
| 276 | + | and broadband Internet access service providers of this state, and said 219 | |
| 277 | + | sections shall be so construed as to effectuate these purposes. 220 | |
| 278 | + | Sec. 9. Section 16-12 of the general statutes is repealed and the 221 | |
| 279 | + | following is substituted in lieu thereof (Effective July 1, 2021): 222 | |
| 280 | + | Any person or any town, city or borough may make complaint, in 223 | |
| 281 | + | writing, to the Public Utilities Regulatory Authority, of any defects in 224 | |
| 282 | + | any portion of the plant or equipment of any public service company, 225 | |
| 283 | + | broadband Internet access service provider or electric supplier, or of the 226 | |
| 284 | + | manner of operating such plant, by reason of which the public safety or 227 | |
| 285 | + | the health or safety of employees is endangered; and, if he or it so 228 | |
| 286 | + | requests, the name of the complainant shall not be divulged unless in 229 | |
| 287 | + | the opinion of the authority the complaint is such that publicity is 230 | |
| 288 | + | demanded. 231 | |
| 289 | + | Sec. 10. Section 16-16 of the general statutes is repealed and the 232 | |
| 290 | + | following is substituted in lieu thereof (Effective July 1, 2021): 233 | |
| 291 | + | Each public service company, broadband Internet access service 234 | |
| 292 | + | provider and electric supplier subject to regulation by the Public 235 | |
| 293 | + | Utilities Regulatory Authority shall, in the event of any accident 236 | |
| 294 | + | attended with personal injury or involving public safety, which was or 237 | |
| 295 | + | may have been connected with or due to the operation of its or his 238 | |
| 296 | + | property, or caused by contact with the wires of any public service 239 | |
| 297 | + | company, broadband Internet access service provider or electric 240 | |
| 298 | + | supplier, notify the authority thereof, by telephone or otherwise, as soon 241 | |
| 299 | + | as may be reasonably possible after the occurrence of such accident, 242 | |
| 300 | + | unless such accident is a minor accident, as defined by regulations of the 243 | |
| 301 | + | authority. Each such person, company, broadband Internet access 244 | |
| 302 | + | service provider or electric supplier shall report such minor accidents to 245 | |
| 303 | + | the authority in writing, in summary form, once each month. If notice of 246 Substitute Bill No. 6442 | |
| 364 | 304 | ||
| 365 | - | (d) Immediately following the close of each fiscal year, the authority | |
| 366 | - | shall recalculate the proposed assessment of each company, based on | |
| 367 | - | the expenses, as determined by the Comptroller, of the department's | |
| 368 | - | Bureau of Energy and Technology, the Office of Consumer Counsel, the | |
| 369 | - | Office of Policy and Management's expenses related to the duties under | |
| 370 | - | sections 2 and 3 of this act and the operations of the Public Utilities | |
| 371 | - | Regulatory Authority for such fiscal year. On or before September first, | |
| 372 | - | annually, the authority shall give to each company a statement showing | |
| 373 | - | the difference between its recalculated assessment and the amount | |
| 374 | - | previously paid by the company. | |
| 375 | - | (e) Any company may object to a proposed or recalcul ated | |
| 376 | - | assessment by filing with the authority, not later than September | |
| 377 | - | fifteenth of the year of said assessment, a petition stating the amount of | |
| 378 | - | the proposed or recalculated assessment to which it objects and the | |
| 379 | - | grounds upon which it claims such assessment is excessive, erroneous, | |
| 380 | - | unlawful or invalid. After a company has filed a petition, the authority | |
| 381 | - | shall hold a hearing. After reviewing the company's petition and | |
| 382 | - | testimony, if any, the authority shall issue an order in accordance with | |
| 383 | - | its findings. The company shall pay the authority the amount indicated | |
| 384 | - | in the order not later than thirty days after the date of the order. | |
| 385 | - | (f) The authority shall remit all payments received under this section | |
| 386 | - | to the State Treasurer for deposit in the Consumer Counsel and Public | |
| 387 | - | Utility Control Fund established under section 16-48a. Such funds shall | |
| 388 | - | be accounted for as expenses recovered from public service companies | |
| 389 | - | and certified telecommunications providers. All payments made under | |
| 390 | - | this section shall be in addition to any taxes payable to the state under | |
| 391 | - | chapters 211, 212, 212a and 219. | |
| 392 | - | (g) Any assessment unpaid on the due date or any portion of an | |
| 393 | - | assessment withheld after the due date under subsection (c) of this | |
| 394 | - | section shall be subject to interest at the rate of one and one-fourth per | |
| 395 | - | cent per month or fraction thereof, or fifty dollars, whichever is greater. Substitute House Bill No. 6442 | |
| 396 | 305 | ||
| 397 | - | Public Act No. 21-159 13 of 13 | |
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| 398 | 309 | ||
| 399 | - | (h) Any company that fails to report in accordance with this section | |
| 400 | - | shall be subject to civil penalties in accordance with section 16-41. | |
| 310 | + | such accident, other than a minor accident, is given otherwise than in 247 | |
| 311 | + | writing, it shall be confirmed in writing within five days after the 248 | |
| 312 | + | occurrence of such accident. Any person, company, broadband Internet 249 | |
| 313 | + | access service provider or electric supplier failing to comply with the 250 | |
| 314 | + | provisions of this section shall be fined not more than five [hundred] 251 | |
| 315 | + | thousand dollars for each offense. 252 | |
| 316 | + | Sec. 11. Section 16-47 of the general statutes is repealed and the 253 | |
| 317 | + | following is substituted in lieu thereof (Effective July 1, 2021): 254 | |
| 318 | + | (a) As used in this section and section 16-47a, (1) "holding company" 255 | |
| 319 | + | means any corporation, association, partnership, trust or similar 256 | |
| 320 | + | organization, or person which, either alone or in conjunction and 257 | |
| 321 | + | pursuant to an arrangement or understanding with one or more other 258 | |
| 322 | + | corporations, associations, partnerships, trusts or similar organizations, 259 | |
| 323 | + | or persons, directly or indirectly, controls a gas, electric distribution, 260 | |
| 324 | + | water, telephone or community antenna television company, certified 261 | |
| 325 | + | telecommunications provider, certified competitive video service 262 | |
| 326 | + | provider, certified video franchise authority provider or broadband 263 | |
| 327 | + | Internet access service provider, and (2) "control" means the possession 264 | |
| 328 | + | of the power to direct or cause the direction of the management and 265 | |
| 329 | + | policies of a gas, electric distribution, water, telephone or community 266 | |
| 330 | + | antenna television company, certified telecommunications provider, 267 | |
| 331 | + | certified competitive video service provider, certified video franchise 268 | |
| 332 | + | authority provider, broadband Internet access service provider or a 269 | |
| 333 | + | holding company, whether through the ownership of its voting 270 | |
| 334 | + | securities, the ability to effect a change in the composition of its board 271 | |
| 335 | + | of directors or otherwise, provided, control shall not be deemed to arise 272 | |
| 336 | + | solely from a revocable proxy or consent given to a person in response 273 | |
| 337 | + | to a public proxy or consent solicitation made pursuant to and in 274 | |
| 338 | + | accordance with the applicable rules and regulations of the Securities 275 | |
| 339 | + | Exchange Act of 1934 unless a participant in said solicitation has 276 | |
| 340 | + | announced an intention to effect a merger or consolidation with, 277 | |
| 341 | + | reorganization, or other business combination or extraordinary 278 | |
| 342 | + | transaction involving the gas, electric distribution, water, telephone or 279 Substitute Bill No. 6442 | |
| 401 | 343 | ||
| 344 | + | ||
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| 348 | + | ||
| 349 | + | community antenna television company, certified telecommunications 280 | |
| 350 | + | provider, certified competitive video service provider, certified video 281 | |
| 351 | + | franchise authority provider, broadband Internet access service 282 | |
| 352 | + | provider or the holding company. Control shall be presumed to exist if 283 | |
| 353 | + | a person directly or indirectly owns ten per cent or more of the voting 284 | |
| 354 | + | securities of a gas, electric distribution, water, telephone or community 285 | |
| 355 | + | antenna television company, certified telecommunications provider, 286 | |
| 356 | + | certified competitive video service provider, certified video franchise 287 | |
| 357 | + | authority provider, broadband Internet access service provider or a 288 | |
| 358 | + | holding company, provided the authority may determine, after 289 | |
| 359 | + | conducting a hearing, that said presumption of control has been 290 | |
| 360 | + | rebutted by a showing that such ownership does not in fact confer 291 | |
| 361 | + | control. 292 | |
| 362 | + | (b) No gas, electric distribution, water, telephone or community 293 | |
| 363 | + | antenna television company, certified telecommunications provider, 294 | |
| 364 | + | certified competitive video service provider, certified video franchise 295 | |
| 365 | + | authority provider, broadband Internet access service provider, or 296 | |
| 366 | + | holding company, or any official, board or commission purporting to 297 | |
| 367 | + | act under any governmental authority other than that of this state or of 298 | |
| 368 | + | its divisions, municipal corporations or courts, shall interfere or attempt 299 | |
| 369 | + | to interfere with or, directly or indirectly, exercise or attempt to exercise 300 | |
| 370 | + | authority or control over any gas, electric distribution, water, telephone 301 | |
| 371 | + | or community antenna television com pany, certified 302 | |
| 372 | + | telecommunications provider, certified competitive video service 303 | |
| 373 | + | provider, certified video franchise authority provider or broadband 304 | |
| 374 | + | Internet access service provider engaged in the business of supplying 305 | |
| 375 | + | service within this state, or with or over any holding company doing the 306 | |
| 376 | + | principal part of its business within this state, without first making 307 | |
| 377 | + | written application to and obtaining the approval of the Public Utilities 308 | |
| 378 | + | Regulatory Authority, except as the United States may properly regulate 309 | |
| 379 | + | actual transactions in interstate commerce. 310 | |
| 380 | + | (c) No corporation, association, partnership, trust or similar 311 | |
| 381 | + | organization, or person shall take any action that causes it to become a 312 Substitute Bill No. 6442 | |
| 382 | + | ||
| 383 | + | ||
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| 387 | + | ||
| 388 | + | holding company with control over a gas, electric distribution, water, 313 | |
| 389 | + | telephone or community antenna television company , certified 314 | |
| 390 | + | telecommunications provider, certified competitive video service 315 | |
| 391 | + | provider, certified video franchise authority provider or broadband 316 | |
| 392 | + | Internet access service provider engaged in the business of supplying 317 | |
| 393 | + | service within this state, or acquire, directly or indirectly, control over 318 | |
| 394 | + | such a holding company, or take any action that would if successful 319 | |
| 395 | + | cause it to become or to acquire control over such a holding company, 320 | |
| 396 | + | without first making written application to and obtaining the approval 321 | |
| 397 | + | of the authority. Any such corporation, association, partnership, trust or 322 | |
| 398 | + | similar organization, or person applying to the authority for such 323 | |
| 399 | + | approval shall pay the reasonable expenses incurred by the authority in 324 | |
| 400 | + | carrying out its duties under this subsection, and accordingly, shall 325 | |
| 401 | + | deposit with the authority a bond, executed by a surety company 326 | |
| 402 | + | authorized to do business in this state, in the amount of fifty thousand 327 | |
| 403 | + | dollars, conditioned to indemnify the authority for such expenses. 328 | |
| 404 | + | (d) The Public Utilities Regulatory Authority shall investigate and 329 | |
| 405 | + | hold a public hearing on the question of granting its approval with 330 | |
| 406 | + | respect to any application made under subsection (b) or (c) of this 331 | |
| 407 | + | section and thereafter may approve or disapprove any such application 332 | |
| 408 | + | in whole or in part and upon such terms and conditions as it deems 333 | |
| 409 | + | necessary or appropriate. In connection with its investigation, the 334 | |
| 410 | + | authority may request the views of the gas, electric distribution, water, 335 | |
| 411 | + | telephone or community antenna television company, certified 336 | |
| 412 | + | telecommunications provider, certified competitive video service 337 | |
| 413 | + | provider, certified video franchise authority provider, broadband 338 | |
| 414 | + | Internet access service provider or holding company which is the subject 339 | |
| 415 | + | of the application with respect to the proposed acquisition. After the 340 | |
| 416 | + | filing of an application satisfying the requirements of such regulations 341 | |
| 417 | + | as the authority may adopt in accordance with the provisions of chapter 342 | |
| 418 | + | 54, but not later than thirty business days after the filing of such 343 | |
| 419 | + | application, the authority shall give prompt notice of the public hearing 344 | |
| 420 | + | to the person required to file the application and to the subject company 345 | |
| 421 | + | or holding company. Such hearing shall be commenced as promptly as 346 Substitute Bill No. 6442 | |
| 422 | + | ||
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| 428 | + | practicable after the filing of the application, but not later than sixty 347 | |
| 429 | + | business days after the filing, and the authority shall make its 348 | |
| 430 | + | determination as soon as practicable, but not later than two hundred 349 | |
| 431 | + | days after the filing of the application, provided it may, before the end 350 | |
| 432 | + | of such period and upon notifying all parties and intervenors to the 351 | |
| 433 | + | proceedings, extend the period by thirty days, provided that 352 | |
| 434 | + | community antenna television companies, holders of a certificate of 353 | |
| 435 | + | cable franchise authority and holders of a certificate of video franchise 354 | |
| 436 | + | authority shall be determined by the authority within one hundred 355 | |
| 437 | + | twenty days, or unless the person required to file the application agrees 356 | |
| 438 | + | to an extension of time. The authority may, in its discretion, grant the 357 | |
| 439 | + | subject company or holding company the opportunity to participate in 358 | |
| 440 | + | the hearing by presenting evidence and oral and written argument. If 359 | |
| 441 | + | the authority fails to give notice of its determination to hold a hearing, 360 | |
| 442 | + | commence the hearing, or render its determination after the hearing 361 | |
| 443 | + | within the time limits specified in this subdivision, the proposed 362 | |
| 444 | + | acquisition shall be deemed approved. In each proceeding on a written 363 | |
| 445 | + | application submitted under said subsection (b) or (c), the authority 364 | |
| 446 | + | shall, in a manner which treats all parties to the proceeding on an equal 365 | |
| 447 | + | basis, take into consideration (1) the financial, technological and 366 | |
| 448 | + | managerial suitability and responsibility of the applicant, (2) the ability 367 | |
| 449 | + | of the gas, electric distribution, water, telephone or community antenna 368 | |
| 450 | + | television company, certified telecommunications provider, certified 369 | |
| 451 | + | competitive video service provider, certified video franchise authority 370 | |
| 452 | + | provider, broadband Internet access service provider or holding 371 | |
| 453 | + | company which is the subject of the application to provide safe, 372 | |
| 454 | + | adequate and reliable service to the public through the company's plant, 373 | |
| 455 | + | equipment and manner of operation if the application were to be 374 | |
| 456 | + | approved, and (3) for an application concerning a telephone company, 375 | |
| 457 | + | the effect of approval on the location and accessibility of management 376 | |
| 458 | + | and operations and on the proportion and number of state resident 377 | |
| 459 | + | employees. The authority shall only grant its approval of an application 378 | |
| 460 | + | filed on or after January 1, 2021, made under subsection (c) of this 379 | |
| 461 | + | section, if the holding company effects a change in the composition of 380 | |
| 462 | + | the board of directors to include a proportional percentage of 381 Substitute Bill No. 6442 | |
| 463 | + | ||
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| 468 | + | ||
| 469 | + | Connecticut-based directors equivalent to the percentage that 382 | |
| 470 | + | Connecticut service areas represent of the total service areas covered by 383 | |
| 471 | + | the holding company. 384 | |
| 472 | + | (e) During any proceeding under subsection (b) or (c) of this section, 385 | |
| 473 | + | the authority may order any party to such proceeding and the officers, 386 | |
| 474 | + | directors, employees and agents of such party to refrain for a specific 387 | |
| 475 | + | time period from communicating, directly or indirectly, with the record 388 | |
| 476 | + | and beneficial owners of securities of the gas, electric distribution, 389 | |
| 477 | + | water, telephone or community antenna television company, certified 390 | |
| 478 | + | telecommunications provider, certified competitive video service 391 | |
| 479 | + | provider, certified video franchise authority provider, broadband 392 | |
| 480 | + | Internet access service provider or holding company which is the subject 393 | |
| 481 | + | of such proceedings, in regard to the matters submitted to the authority 394 | |
| 482 | + | for its approval under said subsection (b) or (c). If the authority issues 395 | |
| 483 | + | such an order, it shall also order all other parties to the proceeding and 396 | |
| 484 | + | the officers, directors, employees and agents of such parties to refrain 397 | |
| 485 | + | for the same time period from communicating, directly or indirectly, 398 | |
| 486 | + | with such record and beneficial owners of such securities, in regard to 399 | |
| 487 | + | such matters. No order issued pursuant to this subsection shall prohibit 400 | |
| 488 | + | any party from complying with disclosure and reporting obligations 401 | |
| 489 | + | under any other provision of the general statutes or under federal law. 402 | |
| 490 | + | (f) Each holding company shall, not later than three months after the 403 | |
| 491 | + | close of its fiscal year, annually, file with the authority a copy of its 404 | |
| 492 | + | annual report to stockholders for such fiscal year. If the holding 405 | |
| 493 | + | company does not print such an annual report, it shall file instead, not 406 | |
| 494 | + | later than the same date, a comprehensive audit and report of its 407 | |
| 495 | + | accounts and operations prepared by an independent public accounting 408 | |
| 496 | + | firm approved by the authority. The provisions of this subsection shall 409 | |
| 497 | + | not apply to any holding company in the form of a person. 410 | |
| 498 | + | (g) Any action contrary to the provisions of subsections (b) or (c) of 411 | |
| 499 | + | this section shall be voidable on order of the authority. 412 | |
| 500 | + | (h) Whenever any corporation, association, partnership, trust or 413 Substitute Bill No. 6442 | |
| 501 | + | ||
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| 506 | + | ||
| 507 | + | similar organization, or person takes or engages in any action which 414 | |
| 508 | + | may or would violate subsection (b) or (c) of this section or any order 415 | |
| 509 | + | adopted pursuant to said subsection (b) or (c), the Superior Court, upon 416 | |
| 510 | + | application of the authority or any holding company or gas, electric 417 | |
| 511 | + | distribution, water, telephone or community antenna television 418 | |
| 512 | + | company, certified telecommunications provider, certified competitive 419 | |
| 513 | + | video service provider, certified video franchise authority provider or 420 | |
| 514 | + | broadband Internet access service provider affected by such action, may 421 | |
| 515 | + | enjoin any such corporation, association, partnership, trust or similar 422 | |
| 516 | + | organization, or person from continuing or doing any act in violation of 423 | |
| 517 | + | said subsection (b) or (c) or may otherwise enforce compliance with said 424 | |
| 518 | + | subsection (b) or (c), including but not limited to, the reinstatement of 425 | |
| 519 | + | authority or control over the holding company or gas, electric 426 | |
| 520 | + | distribution, water, telephone or community antenna television 427 | |
| 521 | + | company, certified telecommunications provider, certified competitive 428 | |
| 522 | + | video service provider, certified video franchise authority provider, 429 | |
| 523 | + | broadband Internet access service provider or holding company to those 430 | |
| 524 | + | persons who exercised authority or control over such company before 431 | |
| 525 | + | such action. 432 | |
| 526 | + | (i) The provisions of this section shall not be construed to require any 433 | |
| 527 | + | person to make written application to or obtain the approval of the 434 | |
| 528 | + | authority with respect to any telephone company or holding company 435 | |
| 529 | + | of a telephone company over which such person exercises authority or 436 | |
| 530 | + | control or operates as a holding company on June 30, 1987. 437 | |
| 531 | + | Sec. 12. Section 16-49 of the general statutes is repealed and the 438 | |
| 532 | + | following is substituted in lieu thereof (Effective July 1, 2021): 439 | |
| 533 | + | (a) As used in this section: 440 | |
| 534 | + | (1) "Company" means (A) any public service company other than a 441 | |
| 535 | + | telephone company, that had more than one hundred thousand dollars 442 | |
| 536 | + | of gross revenues in the state in the calendar year preceding the 443 | |
| 537 | + | assessment year under this section, except any such company not 444 | |
| 538 | + | providing service to retail customers in the state, (B) any telephone 445 Substitute Bill No. 6442 | |
| 539 | + | ||
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| 544 | + | ||
| 545 | + | company that had more than one hundred thousand dollars of gross 446 | |
| 546 | + | revenues in the state from telecommunications services in the calendar 447 | |
| 547 | + | year preceding the assessment year under this section, except any such 448 | |
| 548 | + | company not providing service to retail customers in the state, (C) any 449 | |
| 549 | + | certified telecommunications provider that had more than one hundred 450 | |
| 550 | + | thousand dollars of gross revenues in the state from 451 | |
| 551 | + | telecommunications services in the calendar year preceding the 452 | |
| 552 | + | assessment year under this section, except any such certified 453 | |
| 553 | + | telecommunications provider not providing service to retail customers 454 | |
| 554 | + | in the state, (D) any electric supplier that had more than one hundred 455 | |
| 555 | + | thousand dollars of gross revenues in the state in the calendar year 456 | |
| 556 | + | preceding the assessment year under this section, except any such 457 | |
| 557 | + | supplier not providing electric generation services to retail customers in 458 | |
| 558 | + | the state, [or] (E) any certified competitive video service provider issued 459 | |
| 559 | + | a certificate of video franchise authority by the Public Utilities 460 | |
| 560 | + | Regulatory Authority in accordance with section 16-331e that had more 461 | |
| 561 | + | than one hundred thousand dollars of gross revenues in the state in the 462 | |
| 562 | + | calendar year preceding the assessment year under this section, except 463 | |
| 563 | + | any such certified competitive video service provider not providing 464 | |
| 564 | + | service to retail customers in the state, or (F) any broadband Internet 465 | |
| 565 | + | access service provider that had more than one hundred thousand 466 | |
| 566 | + | dollars of gross revenues in the state from broadband Internet access 467 | |
| 567 | + | services in the calendar year preceding the assessment year under this 468 | |
| 568 | + | section; 469 | |
| 569 | + | (2) "Telecommunications services" means (A) in the case of 470 | |
| 570 | + | telecommunications services provided by a telephone company, any 471 | |
| 571 | + | service provided pursuant to a tariff approved by the authority other 472 | |
| 572 | + | than wholesale services and resold access and interconnections services, 473 | |
| 573 | + | and (B) in the case of telecommunications services provided by a 474 | |
| 574 | + | certified telecommunications provider other than a telephone company, 475 | |
| 575 | + | any service provided pursuant to a tariff approved by the authority and 476 | |
| 576 | + | pursuant to a certificate of public convenience and necessity; and 477 | |
| 577 | + | (3) "Fiscal year" means the period beginning July first and ending 478 Substitute Bill No. 6442 | |
| 578 | + | ||
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| 583 | + | ||
| 584 | + | June thirtieth. 479 | |
| 585 | + | (b) On or before July 15, 1999, and on or before May first, annually 480 | |
| 586 | + | thereafter, each company shall report its intrastate gross revenues of the 481 | |
| 587 | + | preceding calendar year to the Public Utilities Regulatory Authority, 482 | |
| 588 | + | which amount shall be subject to audit by the authority. For each fiscal 483 | |
| 589 | + | year, each company shall pay the authority the company's share of all 484 | |
| 590 | + | expenses of the department's Bureau of Energy and Technology, the 485 | |
| 591 | + | Office of Consumer Counsel, the Office of Policy and Management's 486 | |
| 592 | + | expenses related to the duties under sections 3 and 4 of this act, and the 487 | |
| 593 | + | operations of the Public Utilities Regulatory Authority for such fiscal 488 | |
| 594 | + | year. On or before September first, annually, the authority shall give to 489 | |
| 595 | + | each company a statement which shall include: (1) The amount 490 | |
| 596 | + | appropriated to the department's Bureau of Energy and Technology, the 491 | |
| 597 | + | Office of Consumer Counsel, the Office of Policy and Management's 492 | |
| 598 | + | expenses related to the duties under sections 3 and 4 of this act, and the 493 | |
| 599 | + | operations of the Public Utilities Regulatory Authority for the fiscal year 494 | |
| 600 | + | beginning July first of the same year; (2) the total gross revenues of all 495 | |
| 601 | + | companies; and (3) the proposed assessment against the company for 496 | |
| 602 | + | the fiscal year beginning on July first of the same year, adjusted to reflect 497 | |
| 603 | + | the estimated payment required under subdivision (1) of subsection (c) 498 | |
| 604 | + | of this section. Such proposed assessment shall be calculated by 499 | |
| 605 | + | multiplying the company's percentage share of the total gross revenues 500 | |
| 606 | + | as specified in subdivision (2) of this subsection by the total revenue 501 | |
| 607 | + | appropriated to the department's Bureau of Energy and Technology, the 502 | |
| 608 | + | Office of Consumer Counsel, the Office of Policy and Management's 503 | |
| 609 | + | expenses related to the duties under sections 3 and 4 of this act, and the 504 | |
| 610 | + | operations of the Public Utility Regulatory Authority, as specified in 505 | |
| 611 | + | subdivision (1) of this subsection. 506 | |
| 612 | + | (c) Each company shall pay the authority: (1) On or before June 507 | |
| 613 | + | thirtieth, annually, an estimated payment for the expenses of the 508 | |
| 614 | + | following year equal to twenty-five per cent of its assessment for the 509 | |
| 615 | + | fiscal year ending on such June thirtieth, (2) on or before September 510 | |
| 616 | + | thirtieth, annually, twenty-five per cent of its proposed assessment, 511 Substitute Bill No. 6442 | |
| 617 | + | ||
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| 622 | + | ||
| 623 | + | adjusted to reflect any credit or amount due under the recalculated 512 | |
| 624 | + | assessment for the preceding fiscal year, as determined by the authority 513 | |
| 625 | + | under subsection (d) of this section, provided if the company files an 514 | |
| 626 | + | objection in accordance with subsection (e) of this section, it may 515 | |
| 627 | + | withhold the amount stated in its objection, and (3) on or before the 516 | |
| 628 | + | following December thirty-first and March thirty-first, annually, the 517 | |
| 629 | + | remaining fifty per cent of its proposed assessment in two equal 518 | |
| 630 | + | installments. 519 | |
| 631 | + | (d) Immediately following the close of each fiscal year, the authority 520 | |
| 632 | + | shall recalculate the proposed assessment of each company, based on 521 | |
| 633 | + | the expenses, as determined by the Comptroller, of the department's 522 | |
| 634 | + | Bureau of Energy and Technology, the Office of Consumer Counsel, the 523 | |
| 635 | + | Office of Policy and Management's expenses related to the duties under 524 | |
| 636 | + | sections 3 and 4 of this act, and the operations of the Public Utilities 525 | |
| 637 | + | Regulatory Authority for such fiscal year. On or before September first, 526 | |
| 638 | + | annually, the authority shall give to each company a statement showing 527 | |
| 639 | + | the difference between its recalculated assessment and the amount 528 | |
| 640 | + | previously paid by the company. 529 | |
| 641 | + | (e) Any company may object to a proposed or recalculated 530 | |
| 642 | + | assessment by filing with the authority, not later than September 531 | |
| 643 | + | fifteenth of the year of said assessment, a petition stating the amount of 532 | |
| 644 | + | the proposed or recalculated assessment to which it objects and the 533 | |
| 645 | + | grounds upon which it claims such assessment is excessive, erroneous, 534 | |
| 646 | + | unlawful or invalid. After a company has filed a petition, the authority 535 | |
| 647 | + | shall hold a hearing. After reviewing the company's petition and 536 | |
| 648 | + | testimony, if any, the authority shall issue an order in accordance with 537 | |
| 649 | + | its findings. The company shall pay the authority the amount indicated 538 | |
| 650 | + | in the order not later than thirty days after the date of the order. 539 | |
| 651 | + | (f) The authority shall remit all payments received under this section 540 | |
| 652 | + | to the State Treasurer for deposit in the Consumer Counsel and Public 541 | |
| 653 | + | Utility Control Fund established under section 16-48a. Such funds shall 542 | |
| 654 | + | be accounted for as expenses recovered from public service companies, 543 | |
| 655 | + | broadband Internet access service providers and certified 544 Substitute Bill No. 6442 | |
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| 661 | + | ||
| 662 | + | telecommunications providers. All payments made under this section 545 | |
| 663 | + | shall be in addition to any taxes payable to the state under chapters 211, 546 | |
| 664 | + | 212, 212a and 219. 547 | |
| 665 | + | (g) Any assessment unpaid on the due date or any portion of an 548 | |
| 666 | + | assessment withheld after the due date under subsection (c) of this 549 | |
| 667 | + | section shall be subject to interest at the rate of one and one-fourth per 550 | |
| 668 | + | cent per month or fraction thereof, or fifty dollars, whichever is greater. 551 | |
| 669 | + | (h) Any company that fails to report in accordance with this section 552 | |
| 670 | + | shall be subject to civil penalties in accordance with section 16-41. 553 | |
| 671 | + | Sec. 13. (NEW) (Effective July 1, 2021) (a) The Public Utilities 554 | |
| 672 | + | Regulatory Authority shall receive, process and record consumer and 555 | |
| 673 | + | business complaints for each broadband Internet access service 556 | |
| 674 | + | provider. 557 | |
| 675 | + | (b) A broadband Internet access service provider shall implement a 558 | |
| 676 | + | process for handling inquiries from the authority and customer 559 | |
| 677 | + | inquiries, billing issues, service issues and other complaints. In the event 560 | |
| 678 | + | an issue is not resolved through such process, a customer may request 561 | |
| 679 | + | of the authority a confidential, nonbinding mediation with the 562 | |
| 680 | + | broadband Internet access service provider, and a designated member 563 | |
| 681 | + | of the authority staff shall serve as the mediator. If the mediation is 564 | |
| 682 | + | unsuccessful, the customer may file a formal complaint with the 565 | |
| 683 | + | authority. If the provider is found to be in noncompliance with any 566 | |
| 684 | + | provision of this section, the authority shall order such provider to 567 | |
| 685 | + | remedy such noncompliance within a reasonable period of time. Failure 568 | |
| 686 | + | to comply may subject the provider to civil penalties under section 16-569 | |
| 687 | + | 41 of the general statutes and injunctive relief under section 16-10 of the 570 | |
| 688 | + | general statutes. 571 | |
| 689 | + | Sec. 14. (NEW) (Effective July 1, 2021) No broadband Internet access 572 | |
| 690 | + | service provider shall (1) block, restrict or interfere with an end user's 573 | |
| 691 | + | use of nonharmful devices, (2) interfere with an end user's ability to 574 | |
| 692 | + | select a broadband Internet access service provider, or (3) deny a 575 Substitute Bill No. 6442 | |
| 693 | + | ||
| 694 | + | ||
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| 698 | + | ||
| 699 | + | potential customer broadband Internet access service based on 576 | |
| 700 | + | discriminatory financial terms, credit scores or arrearage on charges for 577 | |
| 701 | + | other services offered by the broadband Internet access service provider. 578 | |
| 702 | + | Sec. 15. (NEW) (Effective July 1, 2021) (a) Broadband Internet access 579 | |
| 703 | + | service providers shall restore broadband Internet access service to such 580 | |
| 704 | + | provider's customers within twenty-four hours after the restoration of 581 | |
| 705 | + | electrical service following an electrical outage, unless the Public 582 | |
| 706 | + | Utilities Regulatory Authority provides an extension of time due to the 583 | |
| 707 | + | severity of a weather, or other catastrophic, event. 584 | |
| 708 | + | (b) Notwithstanding any provision of the general statutes, each 585 | |
| 709 | + | broadband Internet access service provider shall provide to any affected 586 | |
| 710 | + | customer a credit or refund, on the balance of such customer's account, 587 | |
| 711 | + | for any outage, continuous or intermittent, of broadband Internet access 588 | |
| 712 | + | service that occurs for such customer for more than twenty-four 589 | |
| 713 | + | consecutive hours, unless the outage was caused by such customer. 590 | |
| 714 | + | (c) Any broadband Internet access service provider with a service 591 | |
| 715 | + | outage of more than twenty-four consecutive hours, not caused by the 592 | |
| 716 | + | affected customer, shall file a report with the authority and the Office of 593 | |
| 717 | + | State Broadband within fifteen days of such service outage. 594 | |
| 718 | + | (d) On or before December 31, 2021, the authority shall initiate a 595 | |
| 719 | + | proceeding to investigate the resiliency of service and infrastructure 596 | |
| 720 | + | provided by wireline cable, telecommunications and broadband 597 | |
| 721 | + | Internet access service providers to ensure proper planning for the 598 | |
| 722 | + | timely restoration of broadband Internet access services following 599 | |
| 723 | + | electrical or other outages. 600 | |
| 724 | + | Sec. 16. (NEW) (Effective July 1, 2021) (a) At the time of initial 601 | |
| 725 | + | activation of broadband Internet access service, and annually thereafter 602 | |
| 726 | + | or upon request, each broadband Internet access service provider shall 603 | |
| 727 | + | provide each customer with a notice (1) listing all available options for 604 | |
| 728 | + | broadband Internet access service, including upload and download 605 | |
| 729 | + | speeds, (2) charges for each option of broadband Internet access service, 606 Substitute Bill No. 6442 | |
| 730 | + | ||
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| 735 | + | ||
| 736 | + | (3) credit policies, including any finance charges or late payment 607 | |
| 737 | + | charges, and (4) a description of network management practices related 608 | |
| 738 | + | to an end user's usage of broadband Internet access service. 609 | |
| 739 | + | (b) Not less than thirty days prior to implementing any changes to (1) 610 | |
| 740 | + | charges for broadband Internet access service or equipment use, (2) 611 | |
| 741 | + | upload or download speeds, and (3) network management practices 612 | |
| 742 | + | related to an end user's usage of broadband Internet access service, each 613 | |
| 743 | + | broadband Internet access service provider shall inform the Public 614 | |
| 744 | + | Utilities Regulatory Authority, the Department of Energy and 615 | |
| 745 | + | Environmental Protection, the chairpersons of the joint standing 616 | |
| 746 | + | committee of the General Assembly having cognizance of matters 617 | |
| 747 | + | relating to energy, the Office of State Broadband and each customer 618 | |
| 748 | + | within the affected service area. 619 | |
| 749 | + | Sec. 17. (NEW) (Effective July 1, 2021) On or before March 1, 2022, and 620 | |
| 750 | + | annually thereafter, each broadband Internet access service provider 621 | |
| 751 | + | shall file a report with the Public Utilities Regulatory Authority, the 622 | |
| 752 | + | Department of Energy and Environmental Protection, the chairpersons 623 | |
| 753 | + | of the joint standing committee of the General Assembly having 624 | |
| 754 | + | cognizance of matters relating to energy, the Office of State Broadband 625 | |
| 755 | + | and the Department of Economic and Community Development 626 | |
| 756 | + | concerning its operations within the state, including availability of 627 | |
| 757 | + | broadband Internet access service areas, broadband Internet upload and 628 | |
| 758 | + | download speeds in each service area, service outages and other 629 | |
| 759 | + | requirements as determined by the authority. Such annual report shall 630 | |
| 760 | + | be provided in a form designated by the authority, in consultation with 631 | |
| 761 | + | the Department of Energy and Environmental Protection, the 632 | |
| 762 | + | Department of Economic and Community Development and the Office 633 | |
| 763 | + | of State Broadband. 634 | |
| 764 | + | Sec. 18. Section 16-331f of the general statutes is repealed and the 635 | |
| 765 | + | following is substituted in lieu thereof (Effective July 1, 2021): 636 | |
| 766 | + | [(a) The Public Utilities Regulatory Authority shall not require a 637 | |
| 767 | + | certified competitive video service provider to comply with any facility 638 Substitute Bill No. 6442 | |
| 768 | + | ||
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| 773 | + | ||
| 774 | + | build-out requirements or provide video service to any customer using 639 | |
| 775 | + | any specific technology. The Public Utilities Regulatory Authority shall 640 | |
| 776 | + | initiate a contested case proceeding, in accordance with the provisions 641 | |
| 777 | + | of chapter 54, three years after the issuance of the certificate of video 642 | |
| 778 | + | franchise authority to such provider to investigate the availability of the 643 | |
| 779 | + | certified competitive video service provider's video services and report 644 | |
| 780 | + | its findings to the joint standing committee of the General Assembly 645 | |
| 781 | + | having cognizance of matters relating to energy and technology.] 646 | |
| 782 | + | (a) On or before September 30, 2022, each certified competitive video 647 | |
| 783 | + | service provider shall submit an affidavit to the Public Utilities 648 | |
| 784 | + | Regulatory Authority, the Department of Energy and Environmental 649 | |
| 785 | + | Protection, the chairpersons of the joint standing committee of the 650 | |
| 786 | + | General Assembly having cognizance of matters relating to energy, the 651 | |
| 787 | + | Office of State Broadband and the Department of Economic and 652 | |
| 788 | + | Community Development certifying that the provider has facilities in 653 | |
| 789 | + | the public highways, streets or other public rights-of-way, in its service 654 | |
| 790 | + | areas, capable of providing video service, and all other services that the 655 | |
| 791 | + | provider offers, to each residential, governmental and commercial 656 | |
| 792 | + | address. Any such provider may consider the use of existing state 657 | |
| 793 | + | broadband assets to comply with this section. 658 | |
| 794 | + | (b) The authority shall not impose any provision regulating rates 659 | |
| 795 | + | charged by certified competitive video service providers for video 660 | |
| 796 | + | service, or impose any other requirements or conditions for video 661 | |
| 797 | + | service, except as set forth in sections 16-331e to 16-331o, inclusive. 662 | |
| 798 | + | [(c) The rights and responsibilities under section 16-333a regarding 663 | |
| 799 | + | service and wiring to multiunit residential buildings shall apply to a 664 | |
| 800 | + | certified competitive video service provider.] 665 | |
| 801 | + | (c) No certified competitive video service provider may assess a 666 | |
| 802 | + | contribution in aid of construction or any other charge to any potential 667 | |
| 803 | + | customer for the build out of any facilities in the public highways, streets 668 | |
| 804 | + | or other public rights-of-way. 669 Substitute Bill No. 6442 | |
| 805 | + | ||
| 806 | + | ||
| 807 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06442- | |
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| 809 | + | 22 of 28 | |
| 810 | + | ||
| 811 | + | (d) Upon failure to comply with subsection (a) or (c) of this section, 670 | |
| 812 | + | the authority may impose civil penalties pursuant to sections 16-41 and 671 | |
| 813 | + | 16-331o and undertake a proceeding to revoke the certificate of video 672 | |
| 814 | + | franchise authority for substantial noncompliance pursuant to section 673 | |
| 815 | + | 16-331o. 674 | |
| 816 | + | Sec. 19. Section 16-331q of the general statutes is repealed and the 675 | |
| 817 | + | following is substituted in lieu thereof (Effective July 1, 2021): 676 | |
| 818 | + | [(a) The Public Utilities Regulatory Authority shall not require a 677 | |
| 819 | + | company issued a certificate of cable franchise authority to comply with 678 | |
| 820 | + | any facility build-out requirements or provide community antenna 679 | |
| 821 | + | television service or video service to any customer using any specific 680 | |
| 822 | + | technology.] 681 | |
| 823 | + | (a) On or before September 30, 2022, each holder of a certificate of 682 | |
| 824 | + | cable franchise authority shall submit an affidavit to the Public Utilities 683 | |
| 825 | + | Regulatory Authority, the Department of Energy and Environmental 684 | |
| 826 | + | Protection, the chairpersons of the joint standing committee of the 685 | |
| 827 | + | General Assembly having cognizance of matters relating to energy, the 686 | |
| 828 | + | Office of State Broadband and the Department of Economic and 687 | |
| 829 | + | Community Development certifying that the provider has facilities in 688 | |
| 830 | + | the public highways, streets or other public rights-of-way, in its service 689 | |
| 831 | + | areas, capable of providing video service, and all other services that the 690 | |
| 832 | + | provider offers, to each residential, governmental and commercial 691 | |
| 833 | + | address. Any such provider may consider the use of existing state 692 | |
| 834 | + | broadband assets to comply with this section. 693 | |
| 835 | + | (b) No holder of a certificate of cable franchise authority may assess 694 | |
| 836 | + | a contribution in aid of construction or any other charge to any potential 695 | |
| 837 | + | customer for the build out of any facilities in the public highways, streets 696 | |
| 838 | + | or other public rights-of-way. 697 | |
| 839 | + | (c) Upon failure to comply with subsection (a) or (b) of this section, 698 | |
| 840 | + | the authority may impose civil penalties pursuant to sections 16-41 and 699 | |
| 841 | + | 16-331aa and undertake a proceeding to revoke the certificate of cable 700 Substitute Bill No. 6442 | |
| 842 | + | ||
| 843 | + | ||
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| 846 | + | 23 of 28 | |
| 847 | + | ||
| 848 | + | franchise authority for substantial noncompliance pursuant to section 701 | |
| 849 | + | 16-331aa. 702 | |
| 850 | + | [(b)] (d) The Public Utilities Regulatory Authority shall not impose 703 | |
| 851 | + | any provision regulating rates charged by a community antenna 704 | |
| 852 | + | television company holding a certificate of cable franchise authority, 705 | |
| 853 | + | except as set forth in federal law. 706 | |
| 854 | + | Sec. 20. (NEW) (Effective July 1, 2021) (a) As used in this section: 707 | |
| 855 | + | (1) "Make-ready" means the modification or replacement of a public 708 | |
| 856 | + | utility pole, or of the lines or equipment on the public utility pole, to 709 | |
| 857 | + | accommodate additional facilities on the pole; and 710 | |
| 858 | + | (2) "One-touch make-ready" means make-ready in which the person 711 | |
| 859 | + | attaching new equipment to a public utility pole performs all of the 712 | |
| 860 | + | make-ready work. 713 | |
| 861 | + | (b) On or before January 31, 2022, the Public Utilities Regulatory 714 | |
| 862 | + | Authority shall develop a process in an uncontested proceeding for the 715 | |
| 863 | + | construction of facilities in the public highways, streets or other public 716 | |
| 864 | + | rights-of-way to ensure timely and nondiscriminatory procedures that 717 | |
| 865 | + | accomplish public utility pole attachments and conduit excavations for 718 | |
| 866 | + | telecommunications service providers and broadband Internet access 719 | |
| 867 | + | service providers. 720 | |
| 868 | + | (c) On or before January 31, 2022, the authority shall develop a one-721 | |
| 869 | + | touch make-ready process in an uncontested proceeding for 722 | |
| 870 | + | attachments of telecommunications service and broadband Internet 723 | |
| 871 | + | access service facilities on public utility poles to be implemented by the 724 | |
| 872 | + | owners of such public utility poles. 725 | |
| 873 | + | (d) On or before January 1, 2022, the authority shall submit a report 726 | |
| 874 | + | to the joint standing committee of the General Assembly having 727 | |
| 875 | + | cognizance of matters relating to energy, the Office of State Broadband, 728 | |
| 876 | + | the Department of Energy and Environmental Protection, the 729 | |
| 877 | + | Department of Economic and Community Development and the 730 Substitute Bill No. 6442 | |
| 878 | + | ||
| 879 | + | ||
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| 882 | + | 24 of 28 | |
| 883 | + | ||
| 884 | + | Department of Transportation. Such report shall include the authority's 731 | |
| 885 | + | fully developed one-touch make-ready process. 732 | |
| 886 | + | (e) Upon application by the Internet access service providers for the 733 | |
| 887 | + | construction of underground facilities that will contain conduit for 734 | |
| 888 | + | telecommunications service providers or broadband Internet access 735 | |
| 889 | + | service providers, the authority shall condition any approval of such 736 | |
| 890 | + | application on the following conditions: 737 | |
| 891 | + | (1) The size of such conduit shall be consistent with industry best 738 | |
| 892 | + | practices and sufficient to accommodate potential demand; 739 | |
| 893 | + | (2) Any handholes and manholes for fiber optic cable access and 740 | |
| 894 | + | pulling with respect to each such practice shall be placed at intervals 741 | |
| 895 | + | consistent with industry best practices; 742 | |
| 896 | + | (3) Such conduit shall be installed with a pull tape and capabilities of 743 | |
| 897 | + | supporting additional fiber optic cable; 744 | |
| 898 | + | (4) The applicant shall notify telecommunications service providers 745 | |
| 899 | + | and broadband Internet access service providers of the proposed 746 | |
| 900 | + | excavation to reduce the potential for future street excavations in the 747 | |
| 901 | + | same location; 748 | |
| 902 | + | (5) Any requesting telecommunications service provider or 749 | |
| 903 | + | broadband Internet access service provider shall be able to access such 750 | |
| 904 | + | conduit on a competitively neutral and nondiscriminatory basis and for 751 | |
| 905 | + | a charge not to exceed a cost-based rate; and 752 | |
| 906 | + | (6) The applicant shall report to the authority upon completion of any 753 | |
| 907 | + | approved construction verifying that it has complied with the 754 | |
| 908 | + | provisions of this subsection. 755 | |
| 909 | + | (f) For excavations in the state highway rights-of-way, the applicant 756 | |
| 910 | + | shall comply with the Department of Transportation's encroachment 757 | |
| 911 | + | permit process, including the payment of any applicable fees. Any 758 | |
| 912 | + | application for construction in the public highways, streets or other 759 Substitute Bill No. 6442 | |
| 913 | + | ||
| 914 | + | ||
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| 917 | + | 25 of 28 | |
| 918 | + | ||
| 919 | + | public rights-of-way shall require the applicant to install a conduit for 760 | |
| 920 | + | the benefit of the Department of Transportation, as required by section 761 | |
| 921 | + | 16-233 of the general statutes, as amended by this act. 762 | |
| 922 | + | (g) The Commissioner of Transportation is authorized to lease space, 763 | |
| 923 | + | or enter into any other contract or agreement to permit access to such 764 | |
| 924 | + | space, in any conduit installed by the Department of Transportation in 765 | |
| 925 | + | the public highways, streets or other public rights-of-way on such terms 766 | |
| 926 | + | and conditions, and for any purpose, deemed to be in the public interest 767 | |
| 927 | + | by said commissioner. 768 | |
| 928 | + | (h) Nothing in this section shall be construed to limit the use of 769 | |
| 929 | + | conduit by the Department of Transportation on public highways, 770 | |
| 930 | + | streets or other public rights-of-way as otherwise permitted by law. 771 | |
| 931 | + | (i) Any applicant for a public utility pole attachment license made to 772 | |
| 932 | + | the owner or custodian of a public utility pole shall be granted a 773 | |
| 933 | + | temporary license within thirty days of submitting a complete license 774 | |
| 934 | + | application and a permanent license within ninety days of submitting a 775 | |
| 935 | + | complete license application. 776 | |
| 936 | + | (j) The authority shall establish an expedited dispute resolution 777 | |
| 937 | + | process to address any issues that may arise between an individual 778 | |
| 938 | + | attaching telecommunications service or broadband Internet access 779 | |
| 939 | + | service facilities on a public utility pole and the owner or custodian of 780 | |
| 940 | + | such pole. 781 | |
| 941 | + | (k) All public service companies, as defined by section 16-1 of the 782 | |
| 942 | + | general statutes, and other persons that are authorized by the authority 783 | |
| 943 | + | to install facilities in, under or over the public highways, streets or other 784 | |
| 944 | + | public rights-of-way shall obey, observe and comply with this section 785 | |
| 945 | + | and each applicable order made by the authority with respect to pole 786 | |
| 946 | + | attachments and underground conduit. Failure to comply with this 787 | |
| 947 | + | section or applicable orders of the authority may result in a fine of not 788 | |
| 948 | + | more than one hundred thousand dollars for a wilful violation or not 789 | |
| 949 | + | more than fifty thousand dollars for any other violations. The authority 790 Substitute Bill No. 6442 | |
| 950 | + | ||
| 951 | + | ||
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| 954 | + | 26 of 28 | |
| 955 | + | ||
| 956 | + | shall impose any such civil penalty in accordance with the procedure 791 | |
| 957 | + | established in section 16-41 of the general statutes. Any such fines shall 792 | |
| 958 | + | not be recoverable costs in any rate proceeding conducted by the 793 | |
| 959 | + | authority. 794 | |
| 960 | + | Sec. 21. (NEW) (Effective July 1, 2021) Each broadband Internet access 795 | |
| 961 | + | service provider shall have the same right of access to an occupied 796 | |
| 962 | + | building, as defined in section 16-247l of the general statutes, as afforded 797 | |
| 963 | + | to certified telecommunications service providers under section 16-247l 798 | |
| 964 | + | of the general statutes. 799 | |
| 965 | + | Sec. 22. Section 16-247r of the general statutes is repealed and the 800 | |
| 966 | + | following is substituted in lieu thereof (Effective July 1, 2021): 801 | |
| 967 | + | No telephone company or certified telecommunications provider, as 802 | |
| 968 | + | defined in section 16-1, or broadband Internet access service provider 803 | |
| 969 | + | shall refuse to provide telecommunications services or broadband 804 | |
| 970 | + | Internet access services to, or refuse to negotiate to provide such services 805 | |
| 971 | + | to any customer because of age, race, creed, color, national origin, 806 | |
| 972 | + | ancestry, sex, gender identity or expression, marital status, sexual 807 | |
| 973 | + | orientation, lawful source of income, economic status, disability or 808 | |
| 974 | + | familial status. No telepho ne company, [or] certified 809 | |
| 975 | + | telecommunications provider or broadband Internet access service 810 | |
| 976 | + | provider shall decline to provide telecommunications services or 811 | |
| 977 | + | broadband Internet access services to a customer for the sole reason that 812 | |
| 978 | + | the customer is located in an economically distressed geographic area 813 | |
| 979 | + | or the customer qualifies for hardship status under section 16-262c, as 814 | |
| 980 | + | amended by this act, or any other provision of federal or state law. No 815 | |
| 981 | + | telephone company, [or] certified telecommunications provider or 816 | |
| 982 | + | broadband Internet access service provider shall terminate or refuse to 817 | |
| 983 | + | reinstate telecommunications services or broadband Internet access 818 | |
| 984 | + | services except in accordance with the provisions of this title. An 819 | |
| 985 | + | affected person may seek enforcement of this requirement by filing a 820 | |
| 986 | + | complaint with the Public Utilities Regulatory Authority. A 821 | |
| 987 | + | municipality within which the potential broadband Internet access 822 | |
| 988 | + | service customer resides, or the Office of State Broadband, may be 823 Substitute Bill No. 6442 | |
| 989 | + | ||
| 990 | + | ||
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| 993 | + | 27 of 28 | |
| 994 | + | ||
| 995 | + | considered an affected person for purposes of this section. 824 | |
| 996 | + | Sec. 23. Subsection (a) of section 16-262c of the general statutes is 825 | |
| 997 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 826 | |
| 998 | + | 2021): 827 | |
| 999 | + | (a) Notwithstanding any other provision of the general statutes no 828 | |
| 1000 | + | electric distribution, gas, telephone or water company, no electric 829 | |
| 1001 | + | supplier or certified telecommunications provider, no broadband 830 | |
| 1002 | + | Internet access service provider and no municipal utility furnishing 831 | |
| 1003 | + | electric, gas, telephone or water service shall cause cessation of any such 832 | |
| 1004 | + | service by reason of delinquency in payment for such service (1) on any 833 | |
| 1005 | + | Friday, Saturday, Sunday, legal holiday or day before any legal holiday, 834 | |
| 1006 | + | provided such a company, electric supplier, certified 835 | |
| 1007 | + | telecommunications provider, broadband Internet access service 836 | |
| 1008 | + | provider or municipal utility may cause cessation of such service to a 837 | |
| 1009 | + | nonresidential account on a Friday which is not a legal holiday or the 838 | |
| 1010 | + | day before a legal holiday when the business offices of the company, 839 | |
| 1011 | + | electric supplier, certified telecommunications provider, broadband 840 | |
| 1012 | + | Internet access service provider or municipal utility are open to the 841 | |
| 1013 | + | public the succeeding Saturday, (2) at any time during which the 842 | |
| 1014 | + | business offices of said company, electric supplier, certified 843 | |
| 1015 | + | telecommunications provider, broadband Internet access service 844 | |
| 1016 | + | provider or municipal utility are not open to the public, or (3) within 845 | |
| 1017 | + | one hour before the closing of the business offices of said company, 846 | |
| 1018 | + | electric supplier or municipal utility. 847 | |
| 1019 | + | Sec. 24. (NEW) (Effective July 1, 2021) The State Building Inspector and 848 | |
| 1020 | + | the Codes and Standards Committee shall, in accordance with section 849 | |
| 1021 | + | 29-252b of the general statutes, revise the State Building Code to include 850 | |
| 1022 | + | provisions requiring buildings that qualify as a new construction or a 851 | |
| 1023 | + | major alteration of a commercial or multifamily building to include a 852 | |
| 1024 | + | minimum infrastructure requirement to support broadband Internet 853 | |
| 1025 | + | access service. The State Building Inspector and the Codes and 854 | |
| 1026 | + | Standards Committee shall define such minimum infrastructure 855 | |
| 1027 | + | requirements in such revisions. 856 Substitute Bill No. 6442 | |
| 1028 | + | ||
| 1029 | + | ||
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| 1032 | + | 28 of 28 | |
| 1033 | + | ||
| 1034 | + | This act shall take effect as follows and shall amend the following | |
| 1035 | + | sections: | |
| 1036 | + | ||
| 1037 | + | Section 1 July 1, 2021 New section | |
| 1038 | + | Sec. 2 July 1, 2021 New section | |
| 1039 | + | Sec. 3 July 1, 2021 New section | |
| 1040 | + | Sec. 4 July 1, 2021 New section | |
| 1041 | + | Sec. 5 July 1, 2021 New section | |
| 1042 | + | Sec. 6 July 1, 2021 16-233 | |
| 1043 | + | Sec. 7 July 1, 2021 7-536(a)(4) | |
| 1044 | + | Sec. 8 July 1, 2021 16-11 | |
| 1045 | + | Sec. 9 July 1, 2021 16-12 | |
| 1046 | + | Sec. 10 July 1, 2021 16-16 | |
| 1047 | + | Sec. 11 July 1, 2021 16-47 | |
| 1048 | + | Sec. 12 July 1, 2021 16-49 | |
| 1049 | + | Sec. 13 July 1, 2021 New section | |
| 1050 | + | Sec. 14 July 1, 2021 New section | |
| 1051 | + | Sec. 15 July 1, 2021 New section | |
| 1052 | + | Sec. 16 July 1, 2021 New section | |
| 1053 | + | Sec. 17 July 1, 2021 New section | |
| 1054 | + | Sec. 18 July 1, 2021 16-331f | |
| 1055 | + | Sec. 19 July 1, 2021 16-331q | |
| 1056 | + | Sec. 20 July 1, 2021 New section | |
| 1057 | + | Sec. 21 July 1, 2021 New section | |
| 1058 | + | Sec. 22 July 1, 2021 16-247r | |
| 1059 | + | Sec. 23 July 1, 2021 16-262c(a) | |
| 1060 | + | Sec. 24 July 1, 2021 New section | |
| 1061 | + | ||
| 1062 | + | ||
| 1063 | + | ET Joint Favorable Subst. -LCO | |
| 1064 | + | APP Joint Favorable | |
| 402 | 1065 |