Connecticut 2021 Regular Session

Connecticut Senate Bill SB00858 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 858
	4	+	LCO No. 3162 1 of 18
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	6	+	General Assembly Raised Bill No. 858
8	7		January Session, 2021
	8	+	LCO No. 3162
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	10	+
	11	+	Referred to Committee on ENERGY AND TECHNOLOGY
	12	+
	13	+
	14	+	Introduced by:
	15	+	(ET)
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14	20		AN ACT CONCERNING CA LL BEFORE YOU DIG PROGRAM
15	21		VIOLATIONS AND CERTA IN MODIFICATIONS TO GAS PIPELINES
16	22		PROCESSES.
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20	26		Section 1. Section 16-356 of the general statutes is repealed and the 1
21	27		following is substituted in lieu thereof (Effective July 1, 2021): 2
22	28		Any person, public agency or public utility which the Public Utilities 3
23	29		Regulatory Authority determines, after notice and opportunity for a 4
24	30		hearing as provided in section 16-41, as amended by this act, to have 5
25	31		failed to comply with any provision of this chapter or any regulation 6
26	32		adopted under section 16-357 shall forfeit and pay to the state a civil 7
27	33		penalty of not more than forty thousand dollars, provided any violation 8
28	34		involving the failure of a public utility to mark any approximate location 9
29	35		of an underground utility facility correctly or within the time frames 10
30	36		prescribed by regulation, which violation did not result in any property 11
31	37		damage or personal injury and was not the result of an act of gross 12
32	38		negligence on the part of the public utility, shall not result in a civil 13
33		-	penalty of more than one thousand dollars. Any civil penalty assessed 14
34		-	for any violation involving the failure of a public utility, other than an 15
35		-	owner or operator of a municipal utility, to properly or timely mark any 16
36		-	approximate location of an underground facility shall be paid by such 17 Substitute Bill No. 858
	39	+	penalty of more than one thousand dollars. Any civil penalty assessed 14 Raised Bill No. 858
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43		-	public utility to whom the notice is addressed. If any such public utility 18
44		-	recovers any portion of the penalty from any person, the authority may 19
45		-	direct such public utility to forfeit such recovered penalty, as provided 20
46		-	in such notice. Notwithstanding the provisions contained in subsection 21
47		-	(d) of section 16-41, as amended by this act, the person, public agency or 22
48		-	public utility receiving a notice of violation pursuant to subsection (c) of 23
49		-	section 16-41, as amended by this act, shall have thirty days from the 24
50		-	date of receipt of the notice in which to deliver to the authority a written 25
51		-	application for a hearing. 26
	43	+	LCO No. 3162 2 of 18
	44	+
	45	+	for any violation involving the failure of a public utility to properly or 15
	46	+	timely mark any approximate location of an underground facility shall 16
	47	+	be paid by the person, public agency or public utility to whom the notice 17
	48	+	is addressed. If any such person, public agency or public utility recovers 18
	49	+	any portion of the penalty from any person, the authority may direct 19
	50	+	such person, public agency or public utility to forfeit such recovered 20
	51	+	penalty, as provided in such notice. Notwithstanding the provisions 21
	52	+	contained in subsection (d) of section 16-41, as amended by this act, the 22
	53	+	person, public agency or public utility receiving a notice of violation 23
	54	+	pursuant to subsection (c) of section 16-41, as amended by this act, shall 24
	55	+	have thirty days from the date of receipt of the notice in which to deliver 25
	56	+	to the authority a written application for a hearing. 26
52	57		Sec. 2. Section 16-7 of the general statutes is repealed and the 27
53	58		following is substituted in lieu thereof (Effective July 1, 2021): 28
54	59		The utility commissioners of the Public Utilities Regulatory 29
55	60		Authority, or their designees, while engaged in the performance of their 30
56	61		duties may, at all reasonable times, enter any premises, buildings, cars, 31
57	62		plant or other places belonging to or controlled by any public service 32
58	63		company, [or] electric supplier or person involved in the transportation 33
59	64		of gas, as such terms are defined in section 16-280a, and any person 34
60	65		obstructing or in any way causing to be obstructed or hindered any 35
61	66		utility commissioner of the Public Utilities Regulatory Authority or 36
62	67		employee of the Public Utilities Regulatory Authority in the 37
63	68		performance of his or her duties shall be fined not more than [two 38
64	69		hundred] ten thousand dollars or imprisoned not more than six months, 39
65	70		or both. 40
66	71		Sec. 3. Section 16-8 of the general statutes is repealed and the 41
67	72		following is substituted in lieu thereof (Effective July 1, 2021): 42
68	73		(a) The Public Utilities Regulatory Authority may, in its discretion, 43
69	74		delegate its powers, in specific cases, to one or more of its directors or to 44
70	75		a hearing officer to ascertain the facts and report thereon to the 45
71		-	authority. The authority, or any director thereof, in the performance of 46
	76	+	authority. The authority, or any director thereof, in the performance of 46 Raised Bill No. 858
	77	+
	78	+
	79	+
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72	82		its duties or in connection with any hearing, or at the request of any 47
73	83		person, corporation, company, town, borough or association, may 48
74		-	summon and examine, under oath, such witnesses, and may direct the 49 Substitute Bill No. 858
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	84	+	summon and examine, under oath, such witnesses, and may direct the 49
81	85		production of, and examine or cause to be produced and examined, such 50
82	86		books, records, vouchers, memoranda, documents, letters, contracts or 51
83	87		other papers in relation to the affairs of any public service company or 52
84	88		person involved in the transportation of gas, as such terms are defined 53
85	89		in section 16-280a as it may find advisable, and shall have the same 54
86	90		powers in reference thereto as are vested in magistrates taking 55
87	91		depositions. If any witness objects to testifying or to producing any book 56
88	92		or paper on the ground that such testimony, book or paper may tend to 57
89	93		incriminate him, and the authority directs such witness to testify or to 58
90	94		produce such book or paper, and he complies, or if he is compelled so 59
91	95		to do by order of court, he shall not be prosecuted for any matter 60
92	96		concerning which he or she has so testified. The fees of witnesses 61
93	97		summoned by the authority to appear before it under the provisions of 62
94	98		this section, and the fees for summoning witnesses shall be the same as 63
95	99		in the Superior Court. All such fees, together with any other expenses 64
96	100		authorized by statute, the method of payment of which is not otherwise 65
97	101		provided, shall, when taxed by the authority, be paid by the state, 66
98	102		through the business office of the authority, in the same manner as court 67
99	103		expenses. The authority may designate in specific cases a hearing officer 68
100	104		who may be a member of its technical staff or a member of the 69
101	105		Connecticut Bar engaged for that purpose under a contract approved by 70
102	106		the Secretary of the Office of Policy and Management to hold a hearing 71
103	107		and make report thereon to the authority. A hearing officer so 72
104	108		designated shall have the same powers as the authority, or any director 73
105	109		thereof, to conduct a hearing, except that only a director of the authority 74
106	110		shall have the power to grant immunity from prosecution to any witness 75
107	111		who objects to testifying or to producing any book or paper on the 76
108	112		ground that such testimony, book or paper may tend to incriminate him 77
109	113		or her. 78
110	114		(b) (1) The authority may employ professional personnel to perform 79
111		-	management audits. The authority shall promptly establish such 80
	115	+	management audits. The authority shall promptly establish such 80 Raised Bill No. 858
	116	+
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	118	+
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112	121		procedures as it deems necessary or desirable to provide for 81
113	122		management audits to be performed on a regular or irregular schedule 82
114		-	on all or any portion of the operating procedures and any other internal 83 Substitute Bill No. 858
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	123	+	on all or any portion of the operating procedures and any other internal 83
121	124		workings of any public service company or person involved in the 84
122	125		transportation of gas, as such terms are defined in section 16-280a, 85
123	126		including the relationship between any public service company or 86
124	127		person involved in the transportation of gas, as such terms are defined 87
125	128		in section 16-280a and a related holding company or subsidiary, 88
126	129		consistent with the provisions of section 16-8c, provided no such audit 89
127	130		shall be performed on a community antenna television company, except 90
128	131		with regard to any noncable communications services which the 91
129	132		company may provide, or when (A) such an audit is necessary for the 92
130	133		authority to perform its regulatory functions under the 93
131	134		Communications Act of 1934, 47 USC 151, et seq., as amended from time 94
132	135		to time, other federal law or state law, (B) the cost of such an audit is 95
133	136		warranted by a reasonably foreseeable financial, safety or service benefit 96
134	137		to subscribers of the company which is the subject of such an audit, and 97
135	138		(C) such an audit is restricted to examination of the operating 98
136	139		procedures that affect operations within the state. 99
137	140		(2) In any case where the authority determines that an audit is 100
138	141		necessary or desirable, it may (A) order the audit to be performed by 101
139	142		one of the management audit teams, (B) require the affected company 102
140	143		to perform the audit utilizing the company's own internal management 103
141	144		audit staff as supervised by designated members of the authority's staff, 104
142	145		or (C) require that the audit be performed under the supervision of 105
143	146		designated members of the authority's staff by an independent 106
144	147		management consulting firm selected by the authority, in consultation 107
145	148		with the affected company. If the affected company has more than 108
146	149		seventy-five thousand customers, such independent management 109
147	150		consulting firm shall be of nationally recognized stature. All reasonable 110
148	151		and proper expenses of the audits, including, but not limited to, the costs 111
149	152		associated with the audit firm's testimony at a public hearing or other 112
150	153		proceeding, shall be borne by the affected companies and shall be paid 113
151		-	by such companies at such times and in such manner as the authority 114
152		-	directs. 115
153		-	(3) For purposes of this section, a complete audit shall consist of (A) 116 Substitute Bill No. 858
	154	+	by such companies at such times and in such manner as the authority 114 Raised Bill No. 858
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	158	+	LCO No. 3162 5 of 18
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	160	+	directs. 115
	161	+	(3) For purposes of this section, a complete audit shall consist of (A) 116
160	162		a diagnostic review of all functions of the audited company, which shall 117
161	163		include, but not be limited to, documentation of the operations of the 118
162	164		company, assessment of the company's system of internal controls, and 119
163	165		identification of any areas of the company which may require 120
164	166		subsequent audits, and (B) the performance of subsequent focused 121
165	167		audits identified in the diagnostic review and determined necessary by 122
166	168		the authority. All audits performed pursuant to this section shall be 123
167	169		performed in accordance with generally accepted management audit 124
168	170		standards. The authority shall adopt regulations in accordance with the 125
169	171		provisions of chapter 54 setting forth such generally accepted 126
170	172		management audit standards. Each audit of a community antenna 127
171	173		television company shall be consistent with the provisions of the 128
172	174		Communications Act of 1934, 47 USC 151, et seq., as amended from time 129
173	175		to time, and of any other applicable federal law. The authority shall 130
174	176		certify whether a portion of an audit conforms to the provisions of this 131
175	177		section and constitutes a portion of a complete audit. 132
176	178		(4) A complete audit of each portion of each gas company or electric 133
177	179		distribution company having more than seventy-five thousand 134
178	180		customers shall begin no less frequently than every six years, so that a 135
179	181		complete audit of such a company's operations shall be performed every 136
180	182		six years. Such an audit of each such company having more than 137
181	183		seventy-five thousand customers shall be updated as required by the 138
182	184		authority. 139
183	185		(5) The results of an audit performed pursuant to this section shall be 140
184	186		filed with the authority and shall be open to public inspection. Upon 141
185	187		completion and review of the audit, if the person or firm performing or 142
186	188		supervising the audit determines that any of the operating procedures 143
187	189		or any other internal workings of the affected public service company 144
188	190		or person involved in the transportation of gas, as such terms are 145
189	191		defined in section 16-280a are inefficient, improvident, unreasonable, 146
190		-	negligent or in abuse of discretion, the authority may, after notice and 147
191		-	opportunity for a hearing, order the affected public service company or 148
192		-	person involved in the transportation of gas, as such terms are defined 149 Substitute Bill No. 858
	192	+	negligent or in abuse of discretion, the authority may, after notice and 147 Raised Bill No. 858
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	198	+	opportunity for a hearing, order the affected public service company or 148
	199	+	person involved in the transportation of gas, as such terms are defined 149
199	200		in section 16-280a to adopt such new or altered practices and procedures 150
200	201		as the authority shall find necessary to promote efficient and adequate 151
201	202		service to meet the public convenience and necessity. The authority shall 152
202	203		annually submit a report of audits performed pursuant to this section to 153
203	204		the joint standing committee of the General Assembly having 154
204	205		cognizance of matters relating to public utilities which report shall 155
205	206		include the status of audits begun but not yet completed and a summary 156
206	207		of the results of audits completed. Any such report may be submitted 157
207	208		electronically. 158
208	209		(6) All reasonable and proper costs and expenses, as determined by 159
209	210		the authority, of complying with any order of the authority pursuant to 160
210	211		this subsection shall be recognized by the authority for all purposes as 161
211	212		proper business expenses of the affected company. 162
212	213		(7) After notice and hearing, the authority may modify the scope and 163
213	214		schedule of a management audit of a telephone company which is 164
214	215		subject to an alternative form of regulation so that such audit is 165
215	216		consistent with that alternative form of regulation. 166
216	217		(c) Nothing in this section shall be deemed to interfere or conflict with 167
217	218		any powers of the authority or its staff provided elsewhere in the 168
218	219		general statutes, including, but not limited to, the provisions of this 169
219		-	section and sections 16-7, as amended by this act, 16-28 and 16-32, to 170
220		-	conduct an audit, investigation or review of the books, records, plant 171
221		-	and equipment of any regulated public service company or person 172
222		-	involved in the transportation of gas, as such terms are defined in 173
223		-	section 16-280a. 174
224		-	Sec. 4. Section 16-8a of the general statutes is repealed and the 175
225		-	following is substituted in lieu thereof (Effective July 1, 2021): 176
226		-	(a) No public service company, as defined in section 16-1, holding 177
227		-	company, as defined in section 16-47, person involved in the 178
228		-	transportation of gas, as such terms are defined in section 16-280a, or 179
229		-	Nuclear Regulatory Commission licensee operating a nuclear power 180 Substitute Bill No. 858
	220	+	section and sections 16-7, 16-28 and 16-32, to conduct an audit, 170
	221	+	investigation or review of the books, records, plant and equipment of 171
	222	+	any regulated public service company or person involved in the 172
	223	+	transportation of gas, as such terms are defined in section 16-280a. 173
	224	+	Sec. 4. Section 16-8a of the general statutes is repealed and the 174
	225	+	following is substituted in lieu thereof (Effective July 1, 2021): 175
	226	+	(a) No public service company, as defined in section 16-1, holding 176
	227	+	company, as defined in section 16-47, person involved in the 177
	228	+	transportation of gas, as such terms are defined in section 16-280a, or 178
	229	+	Nuclear Regulatory Commission licensee operating a nuclear power 179 Raised Bill No. 858
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236		-	generating facility in this state, or person, firm, corporation, contractor 181
237		-	or subcontractor directly or indirectly providing goods or services to 182
238		-	such public service company, holding company, person involved in the 183
239		-	transportation of gas or licensee, may take or threaten to take any 184
240		-	retaliatory action against an employee for the employee's disclosure of 185
241		-	(1) any matter involving the substantial misfeasance, malfeasance or 186
242		-	nonfeasance in the management of such public service company, 187
243		-	holding company, person involved in the transportation of gas or 188
244		-	licensee, or (2) information pursuant to section 31-51m. Any employee 189
245		-	found to have knowingly made a false disclosure shall be subject to 190
246		-	disciplinary action by the employee's employer, up to and including 191
247		-	dismissal. 192
248		-	(b) Any employee of such a public service company, holding 193
249		-	company, person involved in the transportation of gas or licensee, or of 194
250		-	any person, firm, corporation, contractor or subcontractor directly or 195
251		-	indirectly providing goods or services to such a public service company, 196
252		-	holding company, person involved in the transportation of gas or 197
253		-	licensee, having knowledge of any of the following may transmit all 198
254		-	facts and information in the employee's possession to the Public Utilities 199
255		-	Regulatory Authority: (1) Any matter involving substantial 200
256		-	misfeasance, malfeasance or nonfeasance in the management of such 201
257		-	public service company, holding company, person involved in the 202
258		-	transportation of gas or licensee; or (2) any matter involving retaliatory 203
259		-	action or the threat of retaliatory action taken against an employee who 204
260		-	has reported the misfeasance, malfeasance or nonfeasance, in the 205
261		-	management of such public service company, holding company, person 206
262		-	involved in the transportation of gas or licensee. With regard to any 207
263		-	matter described in subdivision (1) of this subsection, the authority shall 208
264		-	investigate such matter in accordance with the provisions of section 16-209
265		-	8, as amended by this act, and shall not disclose the identity of such 210
266		-	employee without the employee's consent unless it determines that such 211
267		-	disclosure is unavoidable during the course of the investigation. With 212
268		-	regard to any matter described in subdivision (2) of this subsection, the 213
269		-	matter shall be handled in accordance with the procedures set forth in 214 Substitute Bill No. 858
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	235	+	generating facility in this state, or person, firm, corporation, contractor 180
	236	+	or subcontractor directly or indirectly providing goods or services to 181
	237	+	such public service company, holding company, person involved in the 182
	238	+	transportation of gas or licensee, may take or threaten to take any 183
	239	+	retaliatory action against an employee for the employee's disclosure of 184
	240	+	(1) any matter involving the substantial misfeasance, malfeasance or 185
	241	+	nonfeasance in the management of such public service company, 186
	242	+	holding company, person involved in the transportation of gas or 187
	243	+	licensee, or (2) information pursuant to section 31-51m. Any employee 188
	244	+	found to have knowingly made a false disclosure shall be subject to 189
	245	+	disciplinary action by the employee's employer, up to and including 190
	246	+	dismissal. 191
	247	+	(b) Any employee of such a public service company, holding 192
	248	+	company, person involved in the transportation of gas or licensee, or of 193
	249	+	any person, firm, corporation, contractor or subcontractor directly or 194
	250	+	indirectly providing goods or services to such a public service company, 195
	251	+	holding company, person involved in the transportation of gas or 196
	252	+	licensee, having knowledge of any of the following may transmit all 197
	253	+	facts and information in the employee's possession to the Public Utilities 198
	254	+	Regulatory Authority: (1) Any matter involving substantial 199
	255	+	misfeasance, malfeasance or nonfeasance in the management of such 200
	256	+	public service company, holding company, person involved in the 201
	257	+	transportation of gas or licensee; or (2) any matter involving retaliatory 202
	258	+	action or the threat of retaliatory action taken against an employee who 203
	259	+	has reported the misfeasance, malfeasance or nonfeasance, in the 204
	260	+	management of such public service company, holding company, person 205
	261	+	involved in the transportation of gas or licensee. With regard to any 206
	262	+	matter described in subdivision (1) of this subsection, the authority shall 207
	263	+	investigate such matter in accordance with the provisions of section 16-208
	264	+	8, as amended by this act, and shall not disclose the identity of such 209
	265	+	employee without the employee's consent unless it determines that such 210
	266	+	disclosure is unavoidable during the course of the investigation. With 211
	267	+	regard to any matter described in subdivision (2) of this subsection, the 212
	268	+	matter shall be handled in accordance with the procedures set forth in 213 Raised Bill No. 858
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276		-	subsections (c) and (d) of this section. 215
277		-	(c) (1) Not more than ninety business days after receipt of a written 216
278		-	complaint, in a form prescribed by the authority, by an employee 217
279		-	alleging the employee's employer has retaliated against an employee in 218
280		-	violation of subsection (a) of this section, the authority shall make a 219
281		-	preliminary finding in accordance with this subsection. 220
282		-	(2) Not more than five business days after receiving a written 221
283		-	complaint, in a form prescribed by the authority, the authority shall 222
284		-	notify the employer by certified mail. Such notification shall include a 223
285		-	description of the nature of the charges and the substance of any 224
286		-	relevant supporting evidence. The employer may submit a written 225
287		-	response and both the employer and the employee may present rebuttal 226
288		-	statements in the form of affidavits from witnesses and supporting 227
289		-	documents and may meet with the authority informally to respond 228
290		-	verbally about the nature of the employee's charges. The authority shall 229
291		-	consider in making its preliminary finding as provided in subdivision 230
292		-	(3) of this subsection any such written and verbal responses, including 231
293		-	affidavits and supporting documents, received by the authority not 232
294		-	more than twenty business days after the employer receives such notice. 233
295		-	Any such response received after twenty business days shall be 234
296		-	considered by the authority only upon a showing of good cause and at 235
297		-	the discretion of the authority. The authority shall make its preliminary 236
298		-	finding as provided in subdivision (3) of this subsection based on 237
299		-	information described in this subdivision, without a public hearing. 238
300		-	(3) Unless the authority finds by clear and convincing evidence that 239
301		-	the adverse employment action was taken for a reason unconnected 240
302		-	with the employee's report of substantial misfeasance, malfeasance or 241
303		-	nonfeasance, there shall be a rebuttable presumption that an employee 242
304		-	was retaliated against in violation of subsection (a) of this section if the 243
305		-	authority finds that: (A) The employee had reported substantial 244
306		-	misfeasance, malfeasance or nonfeasance in the management of the 245
307		-	public service company, holding company, person involved in the 246
308		-	transportation of gas or licensee; (B) the employee was subsequently 247 Substitute Bill No. 858
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	273	+
	274	+	subsections (c) and (d) of this section. 214
	275	+	(c) (1) Not more than ninety business days after receipt of a written 215
	276	+	complaint, in a form prescribed by the authority, by an employee 216
	277	+	alleging the employee's employer has retaliated against an employee in 217
	278	+	violation of subsection (a) of this section, the authority shall make a 218
	279	+	preliminary finding in accordance with this subsection. 219
	280	+	(2) Not more than five business days after receiving a written 220
	281	+	complaint, in a form prescribed by the authority, the authority shall 221
	282	+	notify the employer by certified mail. Such notification shall include a 222
	283	+	description of the nature of the charges and the substance of any 223
	284	+	relevant supporting evidence. The employer may submit a written 224
	285	+	response and both the employer and the employee may present rebuttal 225
	286	+	statements in the form of affidavits from witnesses and supporting 226
	287	+	documents and may meet with the authority informally to respond 227
	288	+	verbally about the nature of the employee's charges. The authority shall 228
	289	+	consider in making its preliminary finding as provided in subdivision 229
	290	+	(3) of this subsection any such written and verbal responses, including 230
	291	+	affidavits and supporting documents, received by the authority not 231
	292	+	more than twenty business days after the employer receives such notice. 232
	293	+	Any such response received after twenty business days shall be 233
	294	+	considered by the authority only upon a showing of good cause and at 234
	295	+	the discretion of the authority. The authority shall make its preliminary 235
	296	+	finding as provided in subdivision (3) of this subsection based on 236
	297	+	information described in this subdivision, without a public hearing. 237
	298	+	(3) Unless the authority finds by clear and convincing evidence that 238
	299	+	the adverse employment action was taken for a reason unconnected 239
	300	+	with the employee's report of substantial misfeasance, malfeasance or 240
	301	+	nonfeasance, there shall be a rebuttable presumption that an employee 241
	302	+	was retaliated against in violation of subsection (a) of this section if the 242
	303	+	authority finds that: (A) The employee had reported substantial 243
	304	+	misfeasance, malfeasance or nonfeasance in the management of the 244
	305	+	public service company, holding company, person involved in the 245
	306	+	transportation of gas or licensee; (B) the employee was subsequently 246 Raised Bill No. 858
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315		-	discharged, suspended, demoted or otherwise penalized by having the 248
316		-	employee's status of employment changed by the employee's employer; 249
317		-	and (C) the subsequent discharge, suspension, demotion or other 250
318		-	penalty followed the employee's report closely in time. 251
319		-	(4) If such findings are made, the authority shall issue an order 252
320		-	requiring the employer to immediately return the employee to the 253
321		-	employee's previous position of employment or an equivalent position 254
322		-	pending the completion of the authority's full investigatory proceeding 255
323		-	pursuant to subsection (d) of this section. 256
324		-	(d) Not later than thirty days after making a preliminary finding in 257
325		-	accordance with the provisions of subsection (c) of this section, the 258
326		-	authority shall initiate a full investigatory proceeding in accordance 259
327		-	with the provisions of section 16-8, as amended by this act, at which time 260
328		-	the employer shall have the opportunity to rebut the presumption. The 261
329		-	authority may issue orders, impose civil penalties, order payment of 262
330		-	back pay or award attorneys' fees in a manner that conforms with the 263
331		-	notice and hearing provisions in section 16-41, as amended by this act, 264
332		-	against a public service company, holding company, person involved in 265
333		-	the transportation of gas or licensee or a person, firm, corporation, 266
334		-	contractor or subcontractor directly or indirectly providing goods or 267
335		-	services to such public service company, holding company, person 268
336		-	involved in the transportation of gas or licensee, in order to enforce the 269
337		-	provisions of this section. 270
338		-	(e) If an employee or former employee of such a public service 271
339		-	company, holding company, person involved in the transportation of 272
340		-	gas or licensee, or of a person, firm, corporation, contractor or 273
341		-	subcontractor directly or indirectly providing goods or services to such 274
342		-	a public service company, holding company, person involved in the 275
343		-	transportation of gas or licensee, having knowledge of any matter 276
344		-	involving the substantial misfeasance, malfeasance or nonfeasance in 277
345		-	the management of such public service company, holding company, 278
346		-	person involved in the transportation of gas or licensee, enters into an 279
347		-	agreement with the employee's employer that contains a provision 280 Substitute Bill No. 858
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	311	+
	312	+	discharged, suspended, demoted or otherwise penalized by having the 247
	313	+	employee's status of employment changed by the employee's employer; 248
	314	+	and (C) the subsequent discharge, suspension, demotion or other 249
	315	+	penalty followed the employee's report closely in time. 250
	316	+	(4) If such findings are made, the authority shall issue an order 251
	317	+	requiring the employer to immediately return the employee to the 252
	318	+	employee's previous position of employment or an equivalent position 253
	319	+	pending the completion of the authority's full investigatory proceeding 254
	320	+	pursuant to subsection (d) of this section. 255
	321	+	(d) Not later than thirty days after making a preliminary finding in 256
	322	+	accordance with the provisions of subsection (c) of this section, the 257
	323	+	authority shall initiate a full investigatory proceeding in accordance 258
	324	+	with the provisions of section 16-8, as amended by this act, at which time 259
	325	+	the employer shall have the opportunity to rebut the presumption. The 260
	326	+	authority may issue orders, impose civil penalties, order payment of 261
	327	+	back pay or award attorneys' fees in a manner that conforms with the 262
	328	+	notice and hearing provisions in section 16-41, as amended by this act, 263
	329	+	against a public service company, holding company, person involved in 264
	330	+	the transportation of gas or licensee or a person, firm, corporation, 265
	331	+	contractor or subcontractor directly or indirectly providing goods or 266
	332	+	services to such public service company, holding company, person 267
	333	+	involved in the transportation of gas or licensee, in order to enforce the 268
	334	+	provisions of this section. 269
	335	+	(e) If an employee or former employee of such a public service 270
	336	+	company, holding company, person involved in the transportation of 271
	337	+	gas or licensee, or of a person, firm, corporation, contractor or 272
	338	+	subcontractor directly or indirectly providing goods or services to such 273
	339	+	a public service company, holding company, person involved in the 274
	340	+	transportation of gas or licensee, having knowledge of any matter 275
	341	+	involving the substantial misfeasance, malfeasance or nonfeasance in 276
	342	+	the management of such public service company, holding company, 277
	343	+	person involved in the transportation of gas or licensee, enters into an 278
	344	+	agreement with the employee's employer that contains a provision 279 Raised Bill No. 858
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354		-	directly or indirectly discouraging the employee from presenting a 281
355		-	written complaint or testimony concerning such misfeasance, 282
356		-	malfeasance or nonfeasance in any legislative, administrative or judicial 283
357		-	proceeding, such provision shall be void as against public policy. 284
358		-	(f) The Public Utilities Regulatory Authority shall adopt regulations, 285
359		-	in accordance with chapter 54, to carry out the provisions of this section. 286
360		-	Such regulations shall include the following: (1) The procedures by 287
361		-	which a complaint may be brought pursuant to subsection (a) of this 288
362		-	section; (2) the time period in which such a complaint may be brought; 289
363		-	(3) the time period by which the authority shall render a decision 290
364		-	pursuant to subsection (d) of this section; (4) the form on which written 291
365		-	complaints shall be submitted to the authority by an employee pursuant 292
366		-	to subsection (c) of this section; and (5) the requirement that a notice be 293
367		-	posted in the workplace informing all employees of any public service 294
368		-	company, holding company, person involved in the transportation of 295
369		-	gas and licensee and of any person, firm, corporation, contractor or 296
370		-	subcontractor directly or indirectly providing goods or services to a 297
371		-	company or licensee, as defined in subsection (b) of this section, of their 298
372		-	rights under this section, including the right to be reinstated in 299
373		-	accordance with subsection (c) of this section. 300
374		-	Sec. 5. Section 16-11 of the general statutes is repealed and the 301
375		-	following is substituted in lieu thereof (Effective July 1, 2021): 302
376		-	The Public Utilities Regulatory Authority shall, so far as is 303
377		-	practicable, keep fully informed as to the condition of the plant, 304
378		-	equipment and manner of operation of all public service companies and 305
379		-	persons involved in the transportation of gas, as such terms are defined 306
380		-	in section 16-280a, in respect to their adequacy and suitability to 307
381		-	accomplish the duties imposed upon such companies by law and in 308
382		-	respect to their relation to the safety of the public and of the employees 309
383		-	of such companies. The authority may order such reasonable 310
384		-	improvements, repairs or alterations in such plant or equipment, or such 311
385		-	changes in the manner of operation, as may be reasonably necessary in 312
386		-	the public interest. The general purposes of this section and sections 16-313 Substitute Bill No. 858
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	349	+
	350	+	directly or indirectly discouraging the employee from presenting a 280
	351	+	written complaint or testimony concerning such misfeasance, 281
	352	+	malfeasance or nonfeasance in any legislative, administrative or judicial 282
	353	+	proceeding, such provision shall be void as against public policy. 283
	354	+	(f) The Public Utilities Regulatory Authority shall adopt regulations, 284
	355	+	in accordance with chapter 54, to carry out the provisions of this section. 285
	356	+	Such regulations shall include the following: (1) The procedures by 286
	357	+	which a complaint may be brought pursuant to subsection (a) of this 287
	358	+	section; (2) the time period in which such a complaint may be brought; 288
	359	+	(3) the time period by which the authority shall render a decision 289
	360	+	pursuant to subsection (d) of this section; (4) the form on which written 290
	361	+	complaints shall be submitted to the authority by an employee pursuant 291
	362	+	to subsection (c) of this section; and (5) the requirement that a notice be 292
	363	+	posted in the workplace informing all employees of any public service 293
	364	+	company, holding company, person involved in the transportation of 294
	365	+	gas and licensee and of any person, firm, corporation, contractor or 295
	366	+	subcontractor directly or indirectly providing goods or services to a 296
	367	+	company or licensee, as defined in subsection (b) of this section, of their 297
	368	+	rights under this section, including the right to be reinstated in 298
	369	+	accordance with subsection (c) of this section. 299
	370	+	Sec. 5. Section 16-11 of the general statutes is repealed and the 300
	371	+	following is substituted in lieu thereof (Effective July 1, 2021): 301
	372	+	The Public Utilities Regulatory Authority shall, so far as is 302
	373	+	practicable, keep fully informed as to the condition of the plant, 303
	374	+	equipment and manner of operation of all public service companies and 304
	375	+	persons involved in the transportation of gas, as such terms are defined 305
	376	+	in section 16-280a, in respect to their adequacy and suitability to 306
	377	+	accomplish the duties imposed upon such companies by law and in 307
	378	+	respect to their relation to the safety of the public and of the employees 308
	379	+	of such companies. The authority may order such reasonable 309
	380	+	improvements, repairs or alterations in such plant or equipment, or such 310
	381	+	changes in the manner of operation, as may be reasonably necessary in 311
	382	+	the public interest. The general purposes of this section and sections 16-312 Raised Bill No. 858
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393		-	19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full 314
394		-	powers to regulate its public service companies, to increase the powers 315
395		-	of the Public Utilities Regulatory Authority and to promote local control 316
396		-	of the public service companies of this state, and said sections shall be 317
397		-	so construed as to effectuate these purposes. 318
398		-	Sec. 6. Section 16-16 of the general statutes is repealed and the 319
399		-	following is substituted in lieu thereof (Effective July 1, 2021): 320
400		-	Each public service company, person involved in the transportation 321
401		-	of gas, as such terms are defined in section 16-280a and electric supplier 322
402		-	subject to regulation by the Public Utilities Regulatory Authority shall, 323
403		-	in the event of any accident attended with personal injury or involving 324
404		-	public safety, which was or may have been connected with or due to the 325
405		-	operation of its or his property, or caused by contact with the wires of 326
406		-	any public service company or electric supplier, notify the authority 327
407		-	thereof, by telephone or otherwise, as soon as may be reasonably 328
408		-	possible after the occurrence of such accident, unless such accident is a 329
409		-	minor accident, as defined by regulations of the authority. Each such 330
410		-	person, company or electric supplier shall report such minor accidents 331
411		-	to the authority in writing, in summary form, once each month. If notice 332
412		-	of such accident, other than a minor accident, is given otherwise than in 333
413		-	writing, it shall be confirmed in writing within five days after the 334
414		-	occurrence of such accident. Any person, company or electric supplier 335
415		-	failing to comply with the provisions of this section shall be fined not 336
416		-	more than five hundred dollars for each offense. 337
417		-	Sec. 7. Section 16-41 of the general statutes is repealed and the 338
418		-	following is substituted in lieu thereof (Effective July 1, 2021): 339
419		-	(a) Each (1) public service company and its officers, agents and 340
420		-	employees, (2) electric supplier or person providing electric generation 341
421		-	services without a license in violation of section 16-245, and its officers, 342
422		-	agents and employees, (3) certified telecommunications provider or 343
423		-	person providing telecommunications services without authorization 344
424		-	pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents 345 Substitute Bill No. 858
	386	+	LCO No. 3162 11 of 18
	387	+
	388	+	19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full 313
	389	+	powers to regulate its public service companies, to increase the powers 314
	390	+	of the Public Utilities Regulatory Authority and to promote local control 315
	391	+	of the public service companies of this state, and said sections shall be 316
	392	+	so construed as to effectuate these purposes. 317
	393	+	Sec. 6. Section 16-16 of the general statutes is repealed and the 318
	394	+	following is substituted in lieu thereof (Effective July 1, 2021): 319
	395	+	Each public service company, person involved in the transportation 320
	396	+	of gas, as such terms are defined in section 16-280a and electric supplier 321
	397	+	subject to regulation by the Public Utilities Regulatory Authority shall, 322
	398	+	in the event of any accident attended with personal injury or involving 323
	399	+	public safety, which was or may have been connected with or due to the 324
	400	+	operation of its or his property, or caused by contact with the wires of 325
	401	+	any public service company or electric supplier, notify the authority 326
	402	+	thereof, by telephone or otherwise, as soon as may be reasonably 327
	403	+	possible after the occurrence of such accident, unless such accident is a 328
	404	+	minor accident, as defined by regulations of the authority. Each such 329
	405	+	person, company or electric supplier shall report such minor accidents 330
	406	+	to the authority in writing, in summary form, once each month. If notice 331
	407	+	of such accident, other than a minor accident, is given otherwise than in 332
	408	+	writing, it shall be confirmed in writing within five days after the 333
	409	+	occurrence of such accident. Any person, company or electric supplier 334
	410	+	failing to comply with the provisions of this section shall be fined not 335
	411	+	more than five hundred dollars for each offense. 336
	412	+	Sec. 7. Section 16-41 of the general statutes is repealed and the 337
	413	+	following is substituted in lieu thereof (Effective July 1, 2021): 338
	414	+	(a) Each (1) public service company and its officers, agents and 339
	415	+	employees, (2) electric supplier or person providing electric generation 340
	416	+	services without a license in violation of section 16-245, and its officers, 341
	417	+	agents and employees, (3) certified telecommunications provider or 342
	418	+	person providing telecommunications services without authorization 343
	419	+	pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents 344 Raised Bill No. 858
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431		-	and employees, (4) person, public agency or public utility, as such terms 346
432		-	are defined in section 16-345, subject to the requirements of chapter 293, 347
433		-	(5) person subject to the registration requirements under section 16-348
434		-	258a, (6) cellular mobile telephone carrier, as described in section 16-349
435		-	250b, (7) Connecticut electric efficiency partner, as defined in section 16-350
436		-	243v, (8) company, as defined in section 16-49, [and] (9) entity approved 351
437		-	to submeter pursuant to section 16-19ff, and (10) person involved in the 352
438		-	transportation of gas, as such terms are defined in section 16-280a shall 353
439		-	obey, observe and comply with all applicable provisions of this title and 354
440		-	each applicable order made or applicable regulations adopted by the 355
441		-	Public Utilities Regulatory Authority by virtue of this title as long as the 356
442		-	same remains in force. Any such company, electric supplier, certified 357
443		-	telecommunications provider, cellular mobile telephone carrier, 358
444		-	Connecticut electric efficiency partner, entity approved to submeter, 359
445		-	person, any officer, agent or employee thereof, public agency or public 360
446		-	utility which the authority finds has failed to obey or comply with any 361
447		-	such provision of this title, order or regulation shall be fined, ordered to 362
448		-	pay restitution to customers or ordered to pay a combination of a fine 363
449		-	and restitution by order of the authority in accordance with the penalty 364
450		-	prescribed for the violated provision of this title or, if no penalty is 365
451		-	prescribed, not more than ten thousand dollars for each offense, except 366
452		-	that the penalty shall be a fine, restitution to customers or a combination 367
453		-	of a fine and restitution of not more than forty thousand dollars for 368
454		-	failure to comply with an order of the authority made in accordance 369
455		-	with the provisions of section 16-19 or 16-247k or within thirty days of 370
456		-	such order or within any specific time period for compliance specified 371
457		-	in such order. The authority may direct a portion of any fine levied 372
458		-	pursuant to this section to be paid to a nonprofit agency engaged in 373
459		-	energy assistance programs named by the authority in its decision or 374
460		-	notice of violation. Each distinct violation of any such provision of this 375
461		-	title, order or regulation shall be a separate offense and, in case of a 376
462		-	continued violation, each day thereof shall be deemed a separate 377
463		-	offense. Each such penalty and any interest charged pursuant to 378
464		-	subsection (g) or (h) of section 16-49 shall be excluded from operating 379
465		-	expenses for purposes of rate-making. 380 Substitute Bill No. 858
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	424	+
	425	+	and employees, (4) person, public agency or public utility, as such terms 345
	426	+	are defined in section 16-345, subject to the requirements of chapter 293, 346
	427	+	(5) person subject to the registration requirements under section 16-347
	428	+	258a, (6) cellular mobile telephone carrier, as described in section 16-348
	429	+	250b, (7) Connecticut electric efficiency partner, as defined in section 16-349
	430	+	243v, (8) company, as defined in section 16-49, [and] (9) entity approved 350
	431	+	to submeter pursuant to section 16-19ff, and (10) person involved in the 351
	432	+	transportation of gas, as such terms are defined in section 16-280a shall 352
	433	+	obey, observe and comply with all applicable provisions of this title and 353
	434	+	each applicable order made or applicable regulations adopted by the 354
	435	+	Public Utilities Regulatory Authority by virtue of this title as long as the 355
	436	+	same remains in force. Any such company, electric supplier, certified 356
	437	+	telecommunications provider, cellular mobile telephone carrier, 357
	438	+	Connecticut electric efficiency partner, entity approved to submeter, 358
	439	+	person, any officer, agent or employee thereof, public agency or public 359
	440	+	utility which the authority finds has failed to obey or comply with any 360
	441	+	such provision of this title, order or regulation shall be fined, ordered to 361
	442	+	pay restitution to customers or ordered to pay a combination of a fine 362
	443	+	and restitution by order of the authority in accordance with the penalty 363
	444	+	prescribed for the violated provision of this title or, if no penalty is 364
	445	+	prescribed, not more than ten thousand dollars for each offense, except 365
	446	+	that the penalty shall be a fine, restitution to customers or a combination 366
	447	+	of a fine and restitution of not more than forty thousand dollars for 367
	448	+	failure to comply with an order of the authority made in accordance 368
	449	+	with the provisions of section 16-19 or 16-247k or within thirty days of 369
	450	+	such order or within any specific time period for compliance specified 370
	451	+	in such order. The authority may direct a portion of any fine levied 371
	452	+	pursuant to this section to be paid to a nonprofit agency engaged in 372
	453	+	energy assistance programs named by the authority in its decision or 373
	454	+	notice of violation. Each distinct violation of any such provision of this 374
	455	+	title, order or regulation shall be a separate offense and, in case of a 375
	456	+	continued violation, each day thereof shall be deemed a separate 376
	457	+	offense. Each such penalty and any interest charged pursuant to 377
	458	+	subsection (g) or (h) of section 16-49 shall be excluded from operating 378
	459	+	expenses for purposes of rate-making. 379 Raised Bill No. 858
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472		-	(b) Any regional water authority, any regional water district, any 381
473		-	municipal gas or electric plant established under chapter 101, any 382
474		-	municipal waterworks system established under chapter 102, or any 383
475		-	other municipality or department thereof owning, leasing, operating or 384
476		-	managing a plant for the supplying or furnishing of any public utility, 385
477		-	which the Public Utilities Regulatory Authority finds has failed to 386
478		-	comply with the procedures of section 16-29, shall be subject to a civil 387
479		-	penalty of not more than five thousand dollars for any annual report 388
480		-	which is not submitted or submitted late in violation of said section. 389
481		-	(c) If the authority has reason to believe that a violation has occurred 390
482		-	for which a civil penalty is authorized by subsection (a) or (b) of this 391
483		-	section, it shall notify the alleged violator by certified mail, return 392
484		-	receipt requested, or by personal service. The notice shall include: 393
485		-	(1) A reference to the sections of the title, regulation or order 394
486		-	involved; 395
487		-	(2) A short and plain statement of the matter asserted or charged; 396
488		-	(3) A statement of the prescribed civil penalty for the violation; and 397
489		-	(4) A statement of the person's right to a hearing. 398
490		-	(d) The person to whom the notice is addressed shall have twenty 399
491		-	days from the date of receipt of the notice in which to deliver to the 400
492		-	authority a written application for a hearing. If a hearing is requested, 401
493		-	then, after a hearing and upon a finding that a violation has occurred, 402
494		-	the authority may issue a final order assessing a civil penalty under this 403
495		-	section which shall not be greater than the maximum penalty [stated in 404
496		-	the notice] permitted by law. If a hearing is not requested, or if such a 405
497		-	request is later withdrawn, then the notice shall, on the first day after 406
498		-	the expiration of the twenty-day period or on the first day after the 407
499		-	withdrawal of the request for hearing, whichever is later, become a final 408
500		-	order of the authority and the matters asserted or charged in the notice 409
501		-	shall be deemed admitted, unless the notice is modified by a consent 410
502		-	order before it becomes a final order. A consent order shall be deemed 411 Substitute Bill No. 858
	463	+	LCO No. 3162 13 of 18
	464	+
	465	+	(b) Any regional water authority, any regional water district, any 380
	466	+	municipal gas or electric plant established under chapter 101, any 381
	467	+	municipal waterworks system established under chapter 102, or any 382
	468	+	other municipality or department thereof owning, leasing, operating or 383
	469	+	managing a plant for the supplying or furnishing of any public utility, 384
	470	+	which the Public Utilities Regulatory Authority finds has failed to 385
	471	+	comply with the procedures of section 16-29, shall be subject to a civil 386
	472	+	penalty of not more than five thousand dollars for any annual report 387
	473	+	which is not submitted or submitted late in violation of said section. 388
	474	+	(c) If the authority has reason to believe that a violation has occurred 389
	475	+	for which a civil penalty is authorized by subsection (a) or (b) of this 390
	476	+	section, it shall notify the alleged violator by certified mail, return 391
	477	+	receipt requested, or by personal service. The notice shall include: 392
	478	+	(1) A reference to the sections of the title, regulation or order 393
	479	+	involved; 394
	480	+	(2) A short and plain statement of the matter asserted or charged; 395
	481	+	(3) A statement of the prescribed civil penalty for the violation; and 396
	482	+	(4) A statement of the person's right to a hearing. 397
	483	+	(d) The person to whom the notice is addressed shall have twenty 398
	484	+	days from the date of receipt of the notice in which to deliver to the 399
	485	+	authority a written application for a hearing. If a hearing is requested, 400
	486	+	then, after a hearing and upon a finding that a violation has occurred, 401
	487	+	the authority may issue a final order assessing a civil penalty under this 402
	488	+	section which shall not be greater than the maximum penalty [stated in 403
	489	+	the notice] permitted by law. If a hearing is not requested, or if such a 404
	490	+	request is later withdrawn, then the notice shall, on the first day after 405
	491	+	the expiration of the twenty-day period or on the first day after the 406
	492	+	withdrawal of the request for hearing, whichever is later, become a final 407
	493	+	order of the authority and the matters asserted or charged in the notice 408
	494	+	shall be deemed admitted, unless the notice is modified by a consent 409
	495	+	order before it becomes a final order. A consent order shall be deemed 410 Raised Bill No. 858
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508	498
509		-	a final order. 412
510		-	(e) All hearings under this section shall be conducted under sections 413
511		-	4-176e to 4-184, inclusive. The final order of the authority assessing a 414
512		-	civil penalty shall be subject to appeal under section 4-183. No challenge 415
513		-	to any final order of the authority assessing a civil penalty shall be 416
514		-	allowed as to any issue which could have been raised by an appeal of 417
515		-	an earlier order of the authority. Any civil penalty authorized by this 418
516		-	section shall become due and payable (1) at the time of receipt of a final 419
517		-	order in the case of a civil penalty assessed in such order after a hearing, 420
518		-	(2) on the first day after the expiration of the period in which a hearing 421
519		-	may be requested if no hearing is requested, or (3) on the first day after 422
520		-	the withdrawal of a request for hearing. 423
521		-	(f) A civil penalty assessed in a final order of the authority under this 424
522		-	section may be enforced in the same manner as a judgment of the 425
523		-	Superior Court. The final order shall be delivered to the respondent by 426
524		-	personal service or by certified mail, return receipt requested. After 427
525		-	entry of such final order, the authority may file a transcript without the 428
526		-	payment of costs, in the office of the clerk of the superior court in the 429
527		-	judicial district in which the respondent resides, has a place of business, 430
528		-	owns real property, or in which any real property which is the subject 431
529		-	of the proceedings is located or, if the respondent is not a resident of the 432
530		-	state of Connecticut, in the judicial district of Hartford. Upon the filing, 433
531		-	the clerk shall docket the order in the same manner and with the same 434
532		-	effect as a judgment entered in the superior court within the judicial 435
533		-	district. Upon the docketing, the order may be enforced as a judgment 436
534		-	of the court. 437
535		-	Sec. 8. Section 16-280b of the general statutes is repealed and the 438
536		-	following is substituted in lieu thereof (Effective July 1, 2021): 439
537		-	(a) It shall be unlawful for any person who engages in the 440
538		-	transportation of gas or maintains pipeline facilities or owns any 441
539		-	pipeline facilities within the state to violate any of the safety standards 442
540		-	established by the Secretary of Transportation of the United States for 443 Substitute Bill No. 858
	499	+	LCO No. 3162 14 of 18
	500	+
	501	+	a final order. 411
	502	+	(e) All hearings under this section shall be conducted under sections 412
	503	+	4-176e to 4-184, inclusive. The final order of the authority assessing a 413
	504	+	civil penalty shall be subject to appeal under section 4-183. No challenge 414
	505	+	to any final order of the authority assessing a civil penalty shall be 415
	506	+	allowed as to any issue which could have been raised by an appeal of 416
	507	+	an earlier order of the authority. Any civil penalty authorized by this 417
	508	+	section shall become due and payable (1) at the time of receipt of a final 418
	509	+	order in the case of a civil penalty assessed in such order after a hearing, 419
	510	+	(2) on the first day after the expiration of the period in which a hearing 420
	511	+	may be requested if no hearing is requested, or (3) on the first day after 421
	512	+	the withdrawal of a request for hearing. 422
	513	+	(f) A civil penalty assessed in a final order of the authority under this 423
	514	+	section may be enforced in the same manner as a judgment of the 424
	515	+	Superior Court. The final order shall be delivered to the respondent by 425
	516	+	personal service or by certified mail, return receipt requested. After 426
	517	+	entry of such final order, the authority may file a transcript without the 427
	518	+	payment of costs, in the office of the clerk of the superior court in the 428
	519	+	judicial district in which the respondent resides, has a place of business, 429
	520	+	owns real property, or in which any real property which is the subject 430
	521	+	of the proceedings is located or, if the respondent is not a resident of the 431
	522	+	state of Connecticut, in the judicial district of Hartford. Upon the filing, 432
	523	+	the clerk shall docket the order in the same manner and with the same 433
	524	+	effect as a judgment entered in the superior court within the judicial 434
	525	+	district. Upon the docketing, the order may be enforced as a judgment 435
	526	+	of the court. 436
	527	+	Sec. 8. Section 16-280b of the general statutes is repealed and the 437
	528	+	following is substituted in lieu thereof (Effective July 1, 2021): 438
	529	+	(a) It shall be unlawful for any person who engages in the 439
	530	+	transportation of gas or maintains pipeline facilities or owns any 440
	531	+	pipeline facilities within the state to violate any of the safety standards 441
	532	+	established by the Secretary of Transportation of the United States for 442 Raised Bill No. 858
541	533
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546	535
547		-	the transportation of gas and pipeline facilities pursuant to the 444
548		-	provisions of the federal act or any regulations adopted by the authority 445
549		-	pursuant to subsection (b) or (c) of this section. 446
550		-	(b) The Public Utilities Regulatory Authority may adopt regulations, 447
551		-	in accordance with chapter 54, establishing intrastate gas pipeline safety 448
552		-	standards, which may be more specific than federal standards where 449
553		-	appropriate in relation to local circumstances or conditions and 450
554		-	consistent with public safety, provided such standards recognize 451
555		-	alternative instrumentalities and methodologies for achieving federal 452
556		-	safety objectives and do not foreclose utilization of alternative 453
557		-	instrumentalities and methodologies that conform to national 454
558		-	engineering standards or industry practices. 455
559		-	(c) The authority may issue a waiver of any federal safety standards 456
560		-	or any regulations adopted by the authority pursuant to subsection (b) 457
561		-	of this section in individual cases where warranted by local 458
562		-	circumstances or conditions, consistent with public safety and 459
563		-	authorized under the federal act. 460
564		-	Sec. 9. Section 16-280c of the general statutes is repealed and the 461
565		-	following is substituted in lieu thereof (Effective July 1, 2021): 462
566		-	[Each] The federal safety [standard] standards applicable to [pipeline 463
567		-	facilities and] the transportation of gas established under the provisions 464
568		-	of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and 465
569		-	49 CFR 199, as the same are, from time to time, made effective, or any 466
570		-	regulation adopted by the authority pursuant to subsection (b) or (c) of 467
571		-	section 16-280b, as amended by this act, shall be the standards of the 468
572		-	state. 469
573		-	Sec. 10. Section 16-280e of the general statutes is repealed and the 470
574		-	following is substituted in lieu thereof (Effective July 1, 2021): 471
575		-	(a) Any person that violates any provision of the federal act, any 472
576		-	regulation issued under the federal act, any provision of this chapter or 473
577		-	any regulation adopted by the authority pursuant to subsection (b) or 474 Substitute Bill No. 858
	536	+	LCO No. 3162 15 of 18
	537	+
	538	+	the transportation of gas and pipeline facilities pursuant to the 443
	539	+	provisions of the federal act or any regulations adopted by the authority 444
	540	+	pursuant to subsection (b) or (c) of this section. 445
	541	+	(b) The Public Utilities Regulatory Authority may adopt regulations, 446
	542	+	in accordance with chapter 54, establishing intrastate gas pipeline safety 447
	543	+	standards, which may be more specific than federal standards where 448
	544	+	appropriate in relation to local circumstances or conditions and 449
	545	+	consistent with public safety, provided such standards recognize 450
	546	+	alternative instrumentalities and methodologies for achieving federal 451
	547	+	safety objectives and do not foreclose utilization of alternative 452
	548	+	instrumentalities and methodologies that conform to national 453
	549	+	engineering standards or industry practices. 454
	550	+	(c) The authority may issue a waiver of any federal safety standards 455
	551	+	or any regulations adopted by the authority pursuant to subsection (b) 456
	552	+	of this section in individual cases where warranted by local 457
	553	+	circumstances or conditions, consistent with public safety and 458
	554	+	authorized under the federal act. 459
	555	+	Sec. 9. Section 16-280c of the general statutes is repealed and the 460
	556	+	following is substituted in lieu thereof (Effective July 1, 2021): 461
	557	+	[Each] The federal safety [standard] standards applicable to [pipeline 462
	558	+	facilities and] the transportation of gas established under the provisions 463
	559	+	of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and 464
	560	+	49 CFR 199, as the same are, from time to time, made effective, or any 465
	561	+	regulation adopted by the authority pursuant to subsection (b) or (c) of 466
	562	+	section 16-280b, as amended by this act, shall be the standards of the 467
	563	+	state. 468
	564	+	Sec. 10. Section 16-280e of the general statutes is repealed and the 469
	565	+	following is substituted in lieu thereof (Effective July 1, 2021): 470
	566	+	(a) Any person that violates any provision of the federal act, any 471
	567	+	regulation issued under the federal act, any provision of this chapter or 472
	568	+	any regulation adopted by the authority pursuant to subsection (b) or 473 Raised Bill No. 858
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583	571
584		-	(c) of section 16-280b, as amended by this act, shall be subject to a civil 475
585		-	penalty not to exceed the higher of the maximum civil penalty provided 476
586		-	under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended 477
587		-	from time to time. 478
588		-	(b) Any such civil penalty may be compromised by the Public 479
589		-	Utilities Regulatory Authority. In determining the amount of such 480
590		-	penalty, or the amount agreed upon in compromise, the authority shall 481
591		-	consider the criteria set forth in 49 USC 60122(b), as amended. 482
592		-	(c) Nothing in this section shall be construed to limit the penalties 483
593		-	available under section 16-33. 484
594		-	Sec. 11. (NEW) (Effective July 1, 2021) The utility commissioners, as 485
595		-	defined in section 16-1 of the general statutes, or their designees, shall 486
596		-	have the authority to cause any work performed by any person involved 487
597		-	in the transportation of gas, as such terms are defined in section 16-280a 488
598		-	of the general statutes, to cease immediately if said work may endanger 489
599		-	any person. 490
600		-	Sec. 12. Section 16-354 of the general statutes is repealed and the 491
601		-	following is substituted in lieu thereof (Effective July 1, 2021): 492
602		-	A person, public agency or public utility responsible for excavating, 493
603		-	discharging explosives or demolition shall exercise reasonable care 494
604		-	when working in proximity to the underground facilities of any public 495
605		-	utility and shall comply with such safety standards and other 496
606		-	requirements as the authority shall prescribe by regulations adopted 497
607		-	pursuant to section 16-357. If the facilities are likely to be exposed, such 498
608		-	support shall be provided as may be reasonably necessary for protection 499
609		-	of the facilities. If excavation is within the approximate location of 500
610		-	facilities containing combustible or hazardous fluids or gases, only hand 501
611		-	digging or soft digging shall be employed. As used in this section, "soft 502
612		-	digging" means a nonmechanical and nondestructive process used to 503
613		-	excavate and evacuate soils at a controlled rate, using high pressure 504
614		-	water or air jet to break up the soil, often in conjunction with a high 505 Substitute Bill No. 858
	572	+	LCO No. 3162 16 of 18
	573	+
	574	+	(c) of section 16-280b, as amended by this act, shall be subject to a civil 474
	575	+	penalty not to exceed the higher of the maximum civil penalty provided 475
	576	+	under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended 476
	577	+	from time to time. 477
	578	+	(b) Any such civil penalty may be compromised by the Public 478
	579	+	Utilities Regulatory Authority. In determining the amount of such 479
	580	+	penalty, or the amount agreed upon in compromise, the authority shall 480
	581	+	consider the criteria set forth in 49 USC 60122(b), as amended. 481
	582	+	(c) Nothing in this section shall be construed to limit the penalties 482
	583	+	available under section 16-33. 483
	584	+	Sec. 11. (NEW) (Effective July 1, 2021) The utility commissioners, as 484
	585	+	defined in section 16-1 of the general statutes, or their designees, shall 485
	586	+	have the authority to cause any work performed by any person involved 486
	587	+	in the transportation of gas, as such terms are defined in section 16-280a 487
	588	+	of the general statutes, to cease immediately if said work may endanger 488
	589	+	any person. 489
	590	+	Sec. 12. Section 16-354 of the general statutes is repealed and the 490
	591	+	following is substituted in lieu thereof (Effective July 1, 2021): 491
	592	+	A person, public agency or public utility responsible for excavating, 492
	593	+	discharging explosives or demolition shall exercise reasonable care 493
	594	+	when working in proximity to the underground facilities of any public 494
	595	+	utility and shall comply with such safety standards and other 495
	596	+	requirements as the authority shall prescribe by regulations adopted 496
	597	+	pursuant to section 16-357. If the facilities are likely to be exposed, such 497
	598	+	support shall be provided as may be reasonably necessary for protection 498
	599	+	of the facilities. If excavation is within the approximate location of 499
	600	+	facilities containing combustible or hazardous fluids or gases, only hand 500
	601	+	digging or soft digging shall be employed. As used in this section, "soft 501
	602	+	digging" means a nonmechanical and nondestructive process used to 502
	603	+	excavate and evacuate soils at a controlled rate, using high pressure 503
	604	+	water or air jet to break up the soil, often in conjunction with a high 504
	605	+	power vacuum unit to extract the soil without damaging the facilities. 505 Raised Bill No. 858
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620	608
621		-	power vacuum unit to extract the soil without damaging the facilities. 506
622		-	In the event that an immediate life-threatening hazard resulting from a 507
623		-	wilful violation of this chapter, or of such regulations adopted pursuant 508
624		-	to section 16-357, is identified, the utility commissioners, as defined in 509
625		-	section 16-1, or their designees, shall immediately notify the person, 510
626		-	public agency or public utility responsible for excavating, discharging 511
627		-	explosives or demolition of the hazard and violation. Upon receipt of 512
628		-	such notification, the person, public agency or public utility responsible 513
629		-	for excavating, discharging explosives or demolition shall promptly 514
630		-	abate the hazard and violation. In the event that the hazard and 515
631		-	violation is not abated in a reasonable time frame, the utility 516
632		-	commissioners, or their designees, shall have the authority to cause the 517
633		-	excavation, discharge of explosives or demolition to cease immediately 518
634		-	until such hazard and violation are abated. 519
635		-	Sec. 13. Section 8-31c of the general statutes is repealed and the 520
636		-	following is substituted in lieu thereof (Effective October 1, 2021): 521
637		-	(a) (1) Wherever the term "regional planning agency" is used in the 522
638		-	following general statutes, the term "regional council of governments" 523
639		-	shall be substituted in lieu thereof; and (2) wherever the term "regional 524
640		-	planning agencies" is used in the following general statutes, the term 525
641		-	"regional councils of governments" shall be substituted in lieu thereof: 526
642		-	8-35b, 8-35c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f, 527
643		-	16-50l, [16-358,] 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a-528
644		-	207, 22a-352, 23-8, 25-33e to 25-33h, inclusive, 25-68d, 25-102qq and 25-529
645		-	233. 530
646		-	(b) The Legislative Commissioners' Office shall, in codifying the 531
647		-	provisions of this section, make such technical, grammatical and 532
648		-	punctuation changes as are necessary to carry out the purposes of this 533
649		-	section. 534
650		-	Sec. 14. Sections 16-358 and 16-359 of the general statutes are 535
651		-	repealed. (Effective October 1, 2021) 536 Substitute Bill No. 858
	609	+	LCO No. 3162 17 of 18
652	610
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657		-
	611	+	In the event that an immediate life-threatening hazard resulting from a 506
	612	+	wilful violation of this chapter, or of such regulations adopted pursuant 507
	613	+	to section 16-357, is identified, the utility commissioners, as defined in 508
	614	+	section 16-1, or their designees, shall immediately notify the person, 509
	615	+	public agency or public utility responsible for excavating, discharging 510
	616	+	explosives or demolition of the hazard and violation. Upon receipt of 511
	617	+	such notification, the person, public agency or public utility responsible 512
	618	+	for excavating, discharging explosives or demolition shall promptly 513
	619	+	abate the hazard and violation. In the event that the hazard and 514
	620	+	violation is not abated in a reasonable time frame, the utility 515
	621	+	commissioners, or their designees, shall have the authority to cause the 516
	622	+	excavation, discharge of explosives or demolition to cease immediately 517
	623	+	until such hazard and violation have been abated. 518
	624	+	Sec. 13. Sections 16-358 and 16-359 of the general statutes are 519
	625	+	repealed. (Effective October 1, 2021) 520
658	626		This act shall take effect as follows and shall amend the following
659	627		sections:
660	628
661	629		Section 1 July 1, 2021 16-356
662	630		Sec. 2 July 1, 2021 16-7
663	631		Sec. 3 July 1, 2021 16-8
664	632		Sec. 4 July 1, 2021 16-8a
665	633		Sec. 5 July 1, 2021 16-11
666	634		Sec. 6 July 1, 2021 16-16
667	635		Sec. 7 July 1, 2021 16-41
668	636		Sec. 8 July 1, 2021 16-280b
669	637		Sec. 9 July 1, 2021 16-280c
670	638		Sec. 10 July 1, 2021 16-280e
671	639		Sec. 11 July 1, 2021 New section
672	640		Sec. 12 July 1, 2021 16-354
673		-	Sec. 13 October 1, 2021 8-31c
674		-	Sec. 14 October 1, 2021 Repealer section
	641	+	Sec. 13 October 1, 2021 Repealer section
675	642
676		-	ET Joint Favorable Subst.
	643	+	Statement of Purpose:
	644	+	To require that civil penalties for the failure of a public utility to
	645	+	properly or timely mark the approximate location of an underground
	646	+	facility be paid by the person, public agency or public utility to whom Raised Bill No. 858
	647	+
	648	+
	649	+
	650	+	LCO No. 3162 18 of 18
	651	+
	652	+	the notice of failure to comply is addressed; and to modify existing gas
	653	+	pipeline processes.
	654	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	655	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	656	+	underlined.]
677	657