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General Assembly Raised Bill No. 858
January Session, 2021
LCO No. 3162
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING CA LL BEFORE YOU DIG PROGRAM
VIOLATIONS AND CERTA IN MODIFICATIONS TO GAS PIPELINES
PROCESSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16-356 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2021): 2
Any person, public agency or public utility which the Public Utilities 3
Regulatory Authority determines, after notice and opportunity for a 4
hearing as provided in section 16-41, as amended by this act, to have 5
failed to comply with any provision of this chapter or any regulation 6
adopted under section 16-357 shall forfeit and pay to the state a civil 7
penalty of not more than forty thousand dollars, provided any violation 8
involving the failure of a public utility to mark any approximate location 9
of an underground utility facility correctly or within the time frames 10
prescribed by regulation, which violation did not result in any property 11
damage or personal injury and was not the result of an act of gross 12
negligence on the part of the public utility, shall not result in a civil 13
penalty of more than one thousand dollars. Any civil penalty assessed 14 Raised Bill No. 858
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for any violation involving the failure of a public utility to properly or 15
timely mark any approximate location of an underground facility shall 16
be paid by the person, public agency or public utility to whom the notice 17
is addressed. If any such person, public agency or public utility recovers 18
any portion of the penalty from any person, the authority may direct 19
such person, public agency or public utility to forfeit such recovered 20
penalty, as provided in such notice. Notwithstanding the provisions 21
contained in subsection (d) of section 16-41, as amended by this act, the 22
person, public agency or public utility receiving a notice of violation 23
pursuant to subsection (c) of section 16-41, as amended by this act, shall 24
have thirty days from the date of receipt of the notice in which to deliver 25
to the authority a written application for a hearing. 26
Sec. 2. Section 16-7 of the general statutes is repealed and the 27
following is substituted in lieu thereof (Effective July 1, 2021): 28
The utility commissioners of the Public Utilities Regulatory 29
Authority, or their designees, while engaged in the performance of their 30
duties may, at all reasonable times, enter any premises, buildings, cars, 31
plant or other places belonging to or controlled by any public service 32
company, [or] electric supplier or person involved in the transportation 33
of gas, as such terms are defined in section 16-280a, and any person 34
obstructing or in any way causing to be obstructed or hindered any 35
utility commissioner of the Public Utilities Regulatory Authority or 36
employee of the Public Utilities Regulatory Authority in the 37
performance of his or her duties shall be fined not more than [two 38
hundred] ten thousand dollars or imprisoned not more than six months, 39
or both. 40
Sec. 3. Section 16-8 of the general statutes is repealed and the 41
following is substituted in lieu thereof (Effective July 1, 2021): 42
(a) The Public Utilities Regulatory Authority may, in its discretion, 43
delegate its powers, in specific cases, to one or more of its directors or to 44
a hearing officer to ascertain the facts and report thereon to the 45
authority. The authority, or any director thereof, in the performance of 46 Raised Bill No. 858
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its duties or in connection with any hearing, or at the request of any 47
person, corporation, company, town, borough or association, may 48
summon and examine, under oath, such witnesses, and may direct the 49
production of, and examine or cause to be produced and examined, such 50
books, records, vouchers, memoranda, documents, letters, contracts or 51
other papers in relation to the affairs of any public service company or 52
person involved in the transportation of gas, as such terms are defined 53
in section 16-280a as it may find advisable, and shall have the same 54
powers in reference thereto as are vested in magistrates taking 55
depositions. If any witness objects to testifying or to producing any book 56
or paper on the ground that such testimony, book or paper may tend to 57
incriminate him, and the authority directs such witness to testify or to 58
produce such book or paper, and he complies, or if he is compelled so 59
to do by order of court, he shall not be prosecuted for any matter 60
concerning which he or she has so testified. The fees of witnesses 61
summoned by the authority to appear before it under the provisions of 62
this section, and the fees for summoning witnesses shall be the same as 63
in the Superior Court. All such fees, together with any other expenses 64
authorized by statute, the method of payment of which is not otherwise 65
provided, shall, when taxed by the authority, be paid by the state, 66
through the business office of the authority, in the same manner as court 67
expenses. The authority may designate in specific cases a hearing officer 68
who may be a member of its technical staff or a member of the 69
Connecticut Bar engaged for that purpose under a contract approved by 70
the Secretary of the Office of Policy and Management to hold a hearing 71
and make report thereon to the authority. A hearing officer so 72
designated shall have the same powers as the authority, or any director 73
thereof, to conduct a hearing, except that only a director of the authority 74
shall have the power to grant immunity from prosecution to any witness 75
who objects to testifying or to producing any book or paper on the 76
ground that such testimony, book or paper may tend to incriminate him 77
or her. 78
(b) (1) The authority may employ professional personnel to perform 79
management audits. The authority shall promptly establish such 80 Raised Bill No. 858
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procedures as it deems necessary or desirable to provide for 81
management audits to be performed on a regular or irregular schedule 82
on all or any portion of the operating procedures and any other internal 83
workings of any public service company or person involved in the 84
transportation of gas, as such terms are defined in section 16-280a, 85
including the relationship between any public service company or 86
person involved in the transportation of gas, as such terms are defined 87
in section 16-280a and a related holding company or subsidiary, 88
consistent with the provisions of section 16-8c, provided no such audit 89
shall be performed on a community antenna television company, except 90
with regard to any noncable communications services which the 91
company may provide, or when (A) such an audit is necessary for the 92
authority to perform its regulatory functions under the 93
Communications Act of 1934, 47 USC 151, et seq., as amended from time 94
to time, other federal law or state law, (B) the cost of such an audit is 95
warranted by a reasonably foreseeable financial, safety or service benefit 96
to subscribers of the company which is the subject of such an audit, and 97
(C) such an audit is restricted to examination of the operating 98
procedures that affect operations within the state. 99
(2) In any case where the authority determines that an audit is 100
necessary or desirable, it may (A) order the audit to be performed by 101
one of the management audit teams, (B) require the affected company 102
to perform the audit utilizing the company's own internal management 103
audit staff as supervised by designated members of the authority's staff, 104
or (C) require that the audit be performed under the supervision of 105
designated members of the authority's staff by an independent 106
management consulting firm selected by the authority, in consultation 107
with the affected company. If the affected company has more than 108
seventy-five thousand customers, such independent management 109
consulting firm shall be of nationally recognized stature. All reasonable 110
and proper expenses of the audits, including, but not limited to, the costs 111
associated with the audit firm's testimony at a public hearing or other 112
proceeding, shall be borne by the affected companies and shall be paid 113
by such companies at such times and in such manner as the authority 114 Raised Bill No. 858
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directs. 115
(3) For purposes of this section, a complete audit shall consist of (A) 116
a diagnostic review of all functions of the audited company, which shall 117
include, but not be limited to, documentation of the operations of the 118
company, assessment of the company's system of internal controls, and 119
identification of any areas of the company which may require 120
subsequent audits, and (B) the performance of subsequent focused 121
audits identified in the diagnostic review and determined necessary by 122
the authority. All audits performed pursuant to this section shall be 123
performed in accordance with generally accepted management audit 124
standards. The authority shall adopt regulations in accordance with the 125
provisions of chapter 54 setting forth such generally accepted 126
management audit standards. Each audit of a community antenna 127
television company shall be consistent with the provisions of the 128
Communications Act of 1934, 47 USC 151, et seq., as amended from time 129
to time, and of any other applicable federal law. The authority shall 130
certify whether a portion of an audit conforms to the provisions of this 131
section and constitutes a portion of a complete audit. 132
(4) A complete audit of each portion of each gas company or electric 133
distribution company having more than seventy-five thousand 134
customers shall begin no less frequently than every six years, so that a 135
complete audit of such a company's operations shall be performed every 136
six years. Such an audit of each such company having more than 137
seventy-five thousand customers shall be updated as required by the 138
authority. 139
(5) The results of an audit performed pursuant to this section shall be 140
filed with the authority and shall be open to public inspection. Upon 141
completion and review of the audit, if the person or firm performing or 142
supervising the audit determines that any of the operating procedures 143
or any other internal workings of the affected public service company 144
or person involved in the transportation of gas, as such terms are 145
defined in section 16-280a are inefficient, improvident, unreasonable, 146
negligent or in abuse of discretion, the authority may, after notice and 147 Raised Bill No. 858
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opportunity for a hearing, order the affected public service company or 148
person involved in the transportation of gas, as such terms are defined 149
in section 16-280a to adopt such new or altered practices and procedures 150
as the authority shall find necessary to promote efficient and adequate 151
service to meet the public convenience and necessity. The authority shall 152
annually submit a report of audits performed pursuant to this section to 153
the joint standing committee of the General Assembly having 154
cognizance of matters relating to public utilities which report shall 155
include the status of audits begun but not yet completed and a summary 156
of the results of audits completed. Any such report may be submitted 157
electronically. 158
(6) All reasonable and proper costs and expenses, as determined by 159
the authority, of complying with any order of the authority pursuant to 160
this subsection shall be recognized by the authority for all purposes as 161
proper business expenses of the affected company. 162
(7) After notice and hearing, the authority may modify the scope and 163
schedule of a management audit of a telephone company which is 164
subject to an alternative form of regulation so that such audit is 165
consistent with that alternative form of regulation. 166
(c) Nothing in this section shall be deemed to interfere or conflict with 167
any powers of the authority or its staff provided elsewhere in the 168
general statutes, including, but not limited to, the provisions of this 169
section and sections 16-7, 16-28 and 16-32, to conduct an audit, 170
investigation or review of the books, records, plant and equipment of 171
any regulated public service company or person involved in the 172
transportation of gas, as such terms are defined in section 16-280a. 173
Sec. 4. Section 16-8a of the general statutes is repealed and the 174
following is substituted in lieu thereof (Effective July 1, 2021): 175
(a) No public service company, as defined in section 16-1, holding 176
company, as defined in section 16-47, person involved in the 177
transportation of gas, as such terms are defined in section 16-280a, or 178
Nuclear Regulatory Commission licensee operating a nuclear power 179 Raised Bill No. 858
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generating facility in this state, or person, firm, corporation, contractor 180
or subcontractor directly or indirectly providing goods or services to 181
such public service company, holding company, person involved in the 182
transportation of gas or licensee, may take or threaten to take any 183
retaliatory action against an employee for the employee's disclosure of 184
(1) any matter involving the substantial misfeasance, malfeasance or 185
nonfeasance in the management of such public service company, 186
holding company, person involved in the transportation of gas or 187
licensee, or (2) information pursuant to section 31-51m. Any employee 188
found to have knowingly made a false disclosure shall be subject to 189
disciplinary action by the employee's employer, up to and including 190
dismissal. 191
(b) Any employee of such a public service company, holding 192
company, person involved in the transportation of gas or licensee, or of 193
any person, firm, corporation, contractor or subcontractor directly or 194
indirectly providing goods or services to such a public service company, 195
holding company, person involved in the transportation of gas or 196
licensee, having knowledge of any of the following may transmit all 197
facts and information in the employee's possession to the Public Utilities 198
Regulatory Authority: (1) Any matter involving substantial 199
misfeasance, malfeasance or nonfeasance in the management of such 200
public service company, holding company, person involved in the 201
transportation of gas or licensee; or (2) any matter involving retaliatory 202
action or the threat of retaliatory action taken against an employee who 203
has reported the misfeasance, malfeasance or nonfeasance, in the 204
management of such public service company, holding company, person 205
involved in the transportation of gas or licensee. With regard to any 206
matter described in subdivision (1) of this subsection, the authority shall 207
investigate such matter in accordance with the provisions of section 16-208
8, as amended by this act, and shall not disclose the identity of such 209
employee without the employee's consent unless it determines that such 210
disclosure is unavoidable during the course of the investigation. With 211
regard to any matter described in subdivision (2) of this subsection, the 212
matter shall be handled in accordance with the procedures set forth in 213 Raised Bill No. 858
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subsections (c) and (d) of this section. 214
(c) (1) Not more than ninety business days after receipt of a written 215
complaint, in a form prescribed by the authority, by an employee 216
alleging the employee's employer has retaliated against an employee in 217
violation of subsection (a) of this section, the authority shall make a 218
preliminary finding in accordance with this subsection. 219
(2) Not more than five business days after receiving a written 220
complaint, in a form prescribed by the authority, the authority shall 221
notify the employer by certified mail. Such notification shall include a 222
description of the nature of the charges and the substance of any 223
relevant supporting evidence. The employer may submit a written 224
response and both the employer and the employee may present rebuttal 225
statements in the form of affidavits from witnesses and supporting 226
documents and may meet with the authority informally to respond 227
verbally about the nature of the employee's charges. The authority shall 228
consider in making its preliminary finding as provided in subdivision 229
(3) of this subsection any such written and verbal responses, including 230
affidavits and supporting documents, received by the authority not 231
more than twenty business days after the employer receives such notice. 232
Any such response received after twenty business days shall be 233
considered by the authority only upon a showing of good cause and at 234
the discretion of the authority. The authority shall make its preliminary 235
finding as provided in subdivision (3) of this subsection based on 236
information described in this subdivision, without a public hearing. 237
(3) Unless the authority finds by clear and convincing evidence that 238
the adverse employment action was taken for a reason unconnected 239
with the employee's report of substantial misfeasance, malfeasance or 240
nonfeasance, there shall be a rebuttable presumption that an employee 241
was retaliated against in violation of subsection (a) of this section if the 242
authority finds that: (A) The employee had reported substantial 243
misfeasance, malfeasance or nonfeasance in the management of the 244
public service company, holding company, person involved in the 245
transportation of gas or licensee; (B) the employee was subsequently 246 Raised Bill No. 858
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discharged, suspended, demoted or otherwise penalized by having the 247
employee's status of employment changed by the employee's employer; 248
and (C) the subsequent discharge, suspension, demotion or other 249
penalty followed the employee's report closely in time. 250
(4) If such findings are made, the authority shall issue an order 251
requiring the employer to immediately return the employee to the 252
employee's previous position of employment or an equivalent position 253
pending the completion of the authority's full investigatory proceeding 254
pursuant to subsection (d) of this section. 255
(d) Not later than thirty days after making a preliminary finding in 256
accordance with the provisions of subsection (c) of this section, the 257
authority shall initiate a full investigatory proceeding in accordance 258
with the provisions of section 16-8, as amended by this act, at which time 259
the employer shall have the opportunity to rebut the presumption. The 260
authority may issue orders, impose civil penalties, order payment of 261
back pay or award attorneys' fees in a manner that conforms with the 262
notice and hearing provisions in section 16-41, as amended by this act, 263
against a public service company, holding company, person involved in 264
the transportation of gas or licensee or a person, firm, corporation, 265
contractor or subcontractor directly or indirectly providing goods or 266
services to such public service company, holding company, person 267
involved in the transportation of gas or licensee, in order to enforce the 268
provisions of this section. 269
(e) If an employee or former employee of such a public service 270
company, holding company, person involved in the transportation of 271
gas or licensee, or of a person, firm, corporation, contractor or 272
subcontractor directly or indirectly providing goods or services to such 273
a public service company, holding company, person involved in the 274
transportation of gas or licensee, having knowledge of any matter 275
involving the substantial misfeasance, malfeasance or nonfeasance in 276
the management of such public service company, holding company, 277
person involved in the transportation of gas or licensee, enters into an 278
agreement with the employee's employer that contains a provision 279 Raised Bill No. 858
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directly or indirectly discouraging the employee from presenting a 280
written complaint or testimony concerning such misfeasance, 281
malfeasance or nonfeasance in any legislative, administrative or judicial 282
proceeding, such provision shall be void as against public policy. 283
(f) The Public Utilities Regulatory Authority shall adopt regulations, 284
in accordance with chapter 54, to carry out the provisions of this section. 285
Such regulations shall include the following: (1) The procedures by 286
which a complaint may be brought pursuant to subsection (a) of this 287
section; (2) the time period in which such a complaint may be brought; 288
(3) the time period by which the authority shall render a decision 289
pursuant to subsection (d) of this section; (4) the form on which written 290
complaints shall be submitted to the authority by an employee pursuant 291
to subsection (c) of this section; and (5) the requirement that a notice be 292
posted in the workplace informing all employees of any public service 293
company, holding company, person involved in the transportation of 294
gas and licensee and of any person, firm, corporation, contractor or 295
subcontractor directly or indirectly providing goods or services to a 296
company or licensee, as defined in subsection (b) of this section, of their 297
rights under this section, including the right to be reinstated in 298
accordance with subsection (c) of this section. 299
Sec. 5. Section 16-11 of the general statutes is repealed and the 300
following is substituted in lieu thereof (Effective July 1, 2021): 301
The Public Utilities Regulatory Authority shall, so far as is 302
practicable, keep fully informed as to the condition of the plant, 303
equipment and manner of operation of all public service companies and 304
persons involved in the transportation of gas, as such terms are defined 305
in section 16-280a, in respect to their adequacy and suitability to 306
accomplish the duties imposed upon such companies by law and in 307
respect to their relation to the safety of the public and of the employees 308
of such companies. The authority may order such reasonable 309
improvements, repairs or alterations in such plant or equipment, or such 310
changes in the manner of operation, as may be reasonably necessary in 311
the public interest. The general purposes of this section and sections 16-312 Raised Bill No. 858
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19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full 313
powers to regulate its public service companies, to increase the powers 314
of the Public Utilities Regulatory Authority and to promote local control 315
of the public service companies of this state, and said sections shall be 316
so construed as to effectuate these purposes. 317
Sec. 6. Section 16-16 of the general statutes is repealed and the 318
following is substituted in lieu thereof (Effective July 1, 2021): 319
Each public service company, person involved in the transportation 320
of gas, as such terms are defined in section 16-280a and electric supplier 321
subject to regulation by the Public Utilities Regulatory Authority shall, 322
in the event of any accident attended with personal injury or involving 323
public safety, which was or may have been connected with or due to the 324
operation of its or his property, or caused by contact with the wires of 325
any public service company or electric supplier, notify the authority 326
thereof, by telephone or otherwise, as soon as may be reasonably 327
possible after the occurrence of such accident, unless such accident is a 328
minor accident, as defined by regulations of the authority. Each such 329
person, company or electric supplier shall report such minor accidents 330
to the authority in writing, in summary form, once each month. If notice 331
of such accident, other than a minor accident, is given otherwise than in 332
writing, it shall be confirmed in writing within five days after the 333
occurrence of such accident. Any person, company or electric supplier 334
failing to comply with the provisions of this section shall be fined not 335
more than five hundred dollars for each offense. 336
Sec. 7. Section 16-41 of the general statutes is repealed and the 337
following is substituted in lieu thereof (Effective July 1, 2021): 338
(a) Each (1) public service company and its officers, agents and 339
employees, (2) electric supplier or person providing electric generation 340
services without a license in violation of section 16-245, and its officers, 341
agents and employees, (3) certified telecommunications provider or 342
person providing telecommunications services without authorization 343
pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents 344 Raised Bill No. 858
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and employees, (4) person, public agency or public utility, as such terms 345
are defined in section 16-345, subject to the requirements of chapter 293, 346
(5) person subject to the registration requirements under section 16-347
258a, (6) cellular mobile telephone carrier, as described in section 16-348
250b, (7) Connecticut electric efficiency partner, as defined in section 16-349
243v, (8) company, as defined in section 16-49, [and] (9) entity approved 350
to submeter pursuant to section 16-19ff, and (10) person involved in the 351
transportation of gas, as such terms are defined in section 16-280a shall 352
obey, observe and comply with all applicable provisions of this title and 353
each applicable order made or applicable regulations adopted by the 354
Public Utilities Regulatory Authority by virtue of this title as long as the 355
same remains in force. Any such company, electric supplier, certified 356
telecommunications provider, cellular mobile telephone carrier, 357
Connecticut electric efficiency partner, entity approved to submeter, 358
person, any officer, agent or employee thereof, public agency or public 359
utility which the authority finds has failed to obey or comply with any 360
such provision of this title, order or regulation shall be fined, ordered to 361
pay restitution to customers or ordered to pay a combination of a fine 362
and restitution by order of the authority in accordance with the penalty 363
prescribed for the violated provision of this title or, if no penalty is 364
prescribed, not more than ten thousand dollars for each offense, except 365
that the penalty shall be a fine, restitution to customers or a combination 366
of a fine and restitution of not more than forty thousand dollars for 367
failure to comply with an order of the authority made in accordance 368
with the provisions of section 16-19 or 16-247k or within thirty days of 369
such order or within any specific time period for compliance specified 370
in such order. The authority may direct a portion of any fine levied 371
pursuant to this section to be paid to a nonprofit agency engaged in 372
energy assistance programs named by the authority in its decision or 373
notice of violation. Each distinct violation of any such provision of this 374
title, order or regulation shall be a separate offense and, in case of a 375
continued violation, each day thereof shall be deemed a separate 376
offense. Each such penalty and any interest charged pursuant to 377
subsection (g) or (h) of section 16-49 shall be excluded from operating 378
expenses for purposes of rate-making. 379 Raised Bill No. 858
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(b) Any regional water authority, any regional water district, any 380
municipal gas or electric plant established under chapter 101, any 381
municipal waterworks system established under chapter 102, or any 382
other municipality or department thereof owning, leasing, operating or 383
managing a plant for the supplying or furnishing of any public utility, 384
which the Public Utilities Regulatory Authority finds has failed to 385
comply with the procedures of section 16-29, shall be subject to a civil 386
penalty of not more than five thousand dollars for any annual report 387
which is not submitted or submitted late in violation of said section. 388
(c) If the authority has reason to believe that a violation has occurred 389
for which a civil penalty is authorized by subsection (a) or (b) of this 390
section, it shall notify the alleged violator by certified mail, return 391
receipt requested, or by personal service. The notice shall include: 392
(1) A reference to the sections of the title, regulation or order 393
involved; 394
(2) A short and plain statement of the matter asserted or charged; 395
(3) A statement of the prescribed civil penalty for the violation; and 396
(4) A statement of the person's right to a hearing. 397
(d) The person to whom the notice is addressed shall have twenty 398
days from the date of receipt of the notice in which to deliver to the 399
authority a written application for a hearing. If a hearing is requested, 400
then, after a hearing and upon a finding that a violation has occurred, 401
the authority may issue a final order assessing a civil penalty under this 402
section which shall not be greater than the maximum penalty [stated in 403
the notice] permitted by law. If a hearing is not requested, or if such a 404
request is later withdrawn, then the notice shall, on the first day after 405
the expiration of the twenty-day period or on the first day after the 406
withdrawal of the request for hearing, whichever is later, become a final 407
order of the authority and the matters asserted or charged in the notice 408
shall be deemed admitted, unless the notice is modified by a consent 409
order before it becomes a final order. A consent order shall be deemed 410 Raised Bill No. 858
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a final order. 411
(e) All hearings under this section shall be conducted under sections 412
4-176e to 4-184, inclusive. The final order of the authority assessing a 413
civil penalty shall be subject to appeal under section 4-183. No challenge 414
to any final order of the authority assessing a civil penalty shall be 415
allowed as to any issue which could have been raised by an appeal of 416
an earlier order of the authority. Any civil penalty authorized by this 417
section shall become due and payable (1) at the time of receipt of a final 418
order in the case of a civil penalty assessed in such order after a hearing, 419
(2) on the first day after the expiration of the period in which a hearing 420
may be requested if no hearing is requested, or (3) on the first day after 421
the withdrawal of a request for hearing. 422
(f) A civil penalty assessed in a final order of the authority under this 423
section may be enforced in the same manner as a judgment of the 424
Superior Court. The final order shall be delivered to the respondent by 425
personal service or by certified mail, return receipt requested. After 426
entry of such final order, the authority may file a transcript without the 427
payment of costs, in the office of the clerk of the superior court in the 428
judicial district in which the respondent resides, has a place of business, 429
owns real property, or in which any real property which is the subject 430
of the proceedings is located or, if the respondent is not a resident of the 431
state of Connecticut, in the judicial district of Hartford. Upon the filing, 432
the clerk shall docket the order in the same manner and with the same 433
effect as a judgment entered in the superior court within the judicial 434
district. Upon the docketing, the order may be enforced as a judgment 435
of the court. 436
Sec. 8. Section 16-280b of the general statutes is repealed and the 437
following is substituted in lieu thereof (Effective July 1, 2021): 438
(a) It shall be unlawful for any person who engages in the 439
transportation of gas or maintains pipeline facilities or owns any 440
pipeline facilities within the state to violate any of the safety standards 441
established by the Secretary of Transportation of the United States for 442 Raised Bill No. 858
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the transportation of gas and pipeline facilities pursuant to the 443
provisions of the federal act or any regulations adopted by the authority 444
pursuant to subsection (b) or (c) of this section. 445
(b) The Public Utilities Regulatory Authority may adopt regulations, 446
in accordance with chapter 54, establishing intrastate gas pipeline safety 447
standards, which may be more specific than federal standards where 448
appropriate in relation to local circumstances or conditions and 449
consistent with public safety, provided such standards recognize 450
alternative instrumentalities and methodologies for achieving federal 451
safety objectives and do not foreclose utilization of alternative 452
instrumentalities and methodologies that conform to national 453
engineering standards or industry practices. 454
(c) The authority may issue a waiver of any federal safety standards 455
or any regulations adopted by the authority pursuant to subsection (b) 456
of this section in individual cases where warranted by local 457
circumstances or conditions, consistent with public safety and 458
authorized under the federal act. 459
Sec. 9. Section 16-280c of the general statutes is repealed and the 460
following is substituted in lieu thereof (Effective July 1, 2021): 461
[Each] The federal safety [standard] standards applicable to [pipeline 462
facilities and] the transportation of gas established under the provisions 463
of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and 464
49 CFR 199, as the same are, from time to time, made effective, or any 465
regulation adopted by the authority pursuant to subsection (b) or (c) of 466
section 16-280b, as amended by this act, shall be the standards of the 467
state. 468
Sec. 10. Section 16-280e of the general statutes is repealed and the 469
following is substituted in lieu thereof (Effective July 1, 2021): 470
(a) Any person that violates any provision of the federal act, any 471
regulation issued under the federal act, any provision of this chapter or 472
any regulation adopted by the authority pursuant to subsection (b) or 473 Raised Bill No. 858
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(c) of section 16-280b, as amended by this act, shall be subject to a civil 474
penalty not to exceed the higher of the maximum civil penalty provided 475
under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended 476
from time to time. 477
(b) Any such civil penalty may be compromised by the Public 478
Utilities Regulatory Authority. In determining the amount of such 479
penalty, or the amount agreed upon in compromise, the authority shall 480
consider the criteria set forth in 49 USC 60122(b), as amended. 481
(c) Nothing in this section shall be construed to limit the penalties 482
available under section 16-33. 483
Sec. 11. (NEW) (Effective July 1, 2021) The utility commissioners, as 484
defined in section 16-1 of the general statutes, or their designees, shall 485
have the authority to cause any work performed by any person involved 486
in the transportation of gas, as such terms are defined in section 16-280a 487
of the general statutes, to cease immediately if said work may endanger 488
any person. 489
Sec. 12. Section 16-354 of the general statutes is repealed and the 490
following is substituted in lieu thereof (Effective July 1, 2021): 491
A person, public agency or public utility responsible for excavating, 492
discharging explosives or demolition shall exercise reasonable care 493
when working in proximity to the underground facilities of any public 494
utility and shall comply with such safety standards and other 495
requirements as the authority shall prescribe by regulations adopted 496
pursuant to section 16-357. If the facilities are likely to be exposed, such 497
support shall be provided as may be reasonably necessary for protection 498
of the facilities. If excavation is within the approximate location of 499
facilities containing combustible or hazardous fluids or gases, only hand 500
digging or soft digging shall be employed. As used in this section, "soft 501
digging" means a nonmechanical and nondestructive process used to 502
excavate and evacuate soils at a controlled rate, using high pressure 503
water or air jet to break up the soil, often in conjunction with a high 504
power vacuum unit to extract the soil without damaging the facilities. 505 Raised Bill No. 858
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In the event that an immediate life-threatening hazard resulting from a 506
wilful violation of this chapter, or of such regulations adopted pursuant 507
to section 16-357, is identified, the utility commissioners, as defined in 508
section 16-1, or their designees, shall immediately notify the person, 509
public agency or public utility responsible for excavating, discharging 510
explosives or demolition of the hazard and violation. Upon receipt of 511
such notification, the person, public agency or public utility responsible 512
for excavating, discharging explosives or demolition shall promptly 513
abate the hazard and violation. In the event that the hazard and 514
violation is not abated in a reasonable time frame, the utility 515
commissioners, or their designees, shall have the authority to cause the 516
excavation, discharge of explosives or demolition to cease immediately 517
until such hazard and violation have been abated. 518
Sec. 13. Sections 16-358 and 16-359 of the general statutes are 519
repealed. (Effective October 1, 2021) 520
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 16-356
Sec. 2 July 1, 2021 16-7
Sec. 3 July 1, 2021 16-8
Sec. 4 July 1, 2021 16-8a
Sec. 5 July 1, 2021 16-11
Sec. 6 July 1, 2021 16-16
Sec. 7 July 1, 2021 16-41
Sec. 8 July 1, 2021 16-280b
Sec. 9 July 1, 2021 16-280c
Sec. 10 July 1, 2021 16-280e
Sec. 11 July 1, 2021 New section
Sec. 12 July 1, 2021 16-354
Sec. 13 October 1, 2021 Repealer section
Statement of Purpose:
To require that civil penalties for the failure of a public utility to
properly or timely mark the approximate location of an underground
facility be paid by the person, public agency or public utility to whom Raised Bill No. 858
LCO No. 3162 18 of 18
the notice of failure to comply is addressed; and to modify existing gas
pipeline processes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]