LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-R01-
SB.docx
1 of 18
General Assembly Substitute Bill No. 858
January Session, 2021
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 Section 16-356 of the general statutes is repealed and the 1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
for any violation involving the failure of a public utility, other than an 15
owner or operator of a municipal utility, to properly or timely mark any 16
approximate location of an underground facility shall be paid by such 17 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
2 of 18
public utility to whom the notice is addressed. If any such public utility 18
recovers any portion of the penalty from any person, the authority may 19
direct such public utility to forfeit such recovered penalty, as provided 20
in such notice. Notwithstanding the provisions contained in subsection 21
(d) of section 16-41, as amended by this act, the person, public agency or 22
public utility receiving a notice of violation pursuant to subsection (c) of 23
section 16-41, as amended by this act, shall have thirty days from the 24
date of receipt of the notice in which to deliver to the authority a written 25
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 Section 16-7 of the general statutes is repealed and the 27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
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 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
3 of 18
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
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 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
4 of 18
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
directs. 115
(3) For purposes of this section, a complete audit shall consist of (A) 116 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
5 of 18
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
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 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
6 of 18
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, as amended by this act, 16-28 and 16-32, to 170
conduct an audit, investigation or review of the books, records, plant 171
and equipment of any regulated public service company or person 172
involved in the transportation of gas, as such terms are defined in 173
section 16-280a. 174
Sec. 4. Section 16-8a of the general statutes is repealed and the 175
following is substituted in lieu thereof (Effective July 1, 2021): 176
(a) No public service company, as defined in section 16-1, holding 177
company, as defined in section 16-47, person involved in the 178
transportation of gas, as such terms are defined in section 16-280a, or 179
Nuclear Regulatory Commission licensee operating a nuclear power 180 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
7 of 18
generating facility in this state, or person, firm, corporation, contractor 181
or subcontractor directly or indirectly providing goods or services to 182
such public service company, holding company, person involved in the 183
transportation of gas or licensee, may take or threaten to take any 184
retaliatory action against an employee for the employee's disclosure of 185
(1) any matter involving the substantial misfeasance, malfeasance or 186
nonfeasance in the management of such public service company, 187
holding company, person involved in the transportation of gas or 188
licensee, or (2) information pursuant to section 31-51m. Any employee 189
found to have knowingly made a false disclosure shall be subject to 190
disciplinary action by the employee's employer, up to and including 191
dismissal. 192
(b) Any employee of such a public service company, holding 193
company, person involved in the transportation of gas or licensee, or of 194
any person, firm, corporation, contractor or subcontractor directly or 195
indirectly providing goods or services to such a public service company, 196
holding company, person involved in the transportation of gas or 197
licensee, having knowledge of any of the following may transmit all 198
facts and information in the employee's possession to the Public Utilities 199
Regulatory Authority: (1) Any matter involving substantial 200
misfeasance, malfeasance or nonfeasance in the management of such 201
public service company, holding company, person involved in the 202
transportation of gas or licensee; or (2) any matter involving retaliatory 203
action or the threat of retaliatory action taken against an employee who 204
has reported the misfeasance, malfeasance or nonfeasance, in the 205
management of such public service company, holding company, person 206
involved in the transportation of gas or licensee. With regard to any 207
matter described in subdivision (1) of this subsection, the authority shall 208
investigate such matter in accordance with the provisions of section 16-209
8, as amended by this act, and shall not disclose the identity of such 210
employee without the employee's consent unless it determines that such 211
disclosure is unavoidable during the course of the investigation. With 212
regard to any matter described in subdivision (2) of this subsection, the 213
matter shall be handled in accordance with the procedures set forth in 214 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
8 of 18
subsections (c) and (d) of this section. 215
(c) (1) Not more than ninety business days after receipt of a written 216
complaint, in a form prescribed by the authority, by an employee 217
alleging the employee's employer has retaliated against an employee in 218
violation of subsection (a) of this section, the authority shall make a 219
preliminary finding in accordance with this subsection. 220
(2) Not more than five business days after receiving a written 221
complaint, in a form prescribed by the authority, the authority shall 222
notify the employer by certified mail. Such notification shall include a 223
description of the nature of the charges and the substance of any 224
relevant supporting evidence. The employer may submit a written 225
response and both the employer and the employee may present rebuttal 226
statements in the form of affidavits from witnesses and supporting 227
documents and may meet with the authority informally to respond 228
verbally about the nature of the employee's charges. The authority shall 229
consider in making its preliminary finding as provided in subdivision 230
(3) of this subsection any such written and verbal responses, including 231
affidavits and supporting documents, received by the authority not 232
more than twenty business days after the employer receives such notice. 233
Any such response received after twenty business days shall be 234
considered by the authority only upon a showing of good cause and at 235
the discretion of the authority. The authority shall make its preliminary 236
finding as provided in subdivision (3) of this subsection based on 237
information described in this subdivision, without a public hearing. 238
(3) Unless the authority finds by clear and convincing evidence that 239
the adverse employment action was taken for a reason unconnected 240
with the employee's report of substantial misfeasance, malfeasance or 241
nonfeasance, there shall be a rebuttable presumption that an employee 242
was retaliated against in violation of subsection (a) of this section if the 243
authority finds that: (A) The employee had reported substantial 244
misfeasance, malfeasance or nonfeasance in the management of the 245
public service company, holding company, person involved in the 246
transportation of gas or licensee; (B) the employee was subsequently 247 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
9 of 18
discharged, suspended, demoted or otherwise penalized by having the 248
employee's status of employment changed by the employee's employer; 249
and (C) the subsequent discharge, suspension, demotion or other 250
penalty followed the employee's report closely in time. 251
(4) If such findings are made, the authority shall issue an order 252
requiring the employer to immediately return the employee to the 253
employee's previous position of employment or an equivalent position 254
pending the completion of the authority's full investigatory proceeding 255
pursuant to subsection (d) of this section. 256
(d) Not later than thirty days after making a preliminary finding in 257
accordance with the provisions of subsection (c) of this section, the 258
authority shall initiate a full investigatory proceeding in accordance 259
with the provisions of section 16-8, as amended by this act, at which time 260
the employer shall have the opportunity to rebut the presumption. The 261
authority may issue orders, impose civil penalties, order payment of 262
back pay or award attorneys' fees in a manner that conforms with the 263
notice and hearing provisions in section 16-41, as amended by this act, 264
against a public service company, holding company, person involved in 265
the transportation of gas or licensee or a person, firm, corporation, 266
contractor or subcontractor directly or indirectly providing goods or 267
services to such public service company, holding company, person 268
involved in the transportation of gas or licensee, in order to enforce the 269
provisions of this section. 270
(e) If an employee or former employee of such a public service 271
company, holding company, person involved in the transportation of 272
gas or licensee, or of a person, firm, corporation, contractor or 273
subcontractor directly or indirectly providing goods or services to such 274
a public service company, holding company, person involved in the 275
transportation of gas or licensee, having knowledge of any matter 276
involving the substantial misfeasance, malfeasance or nonfeasance in 277
the management of such public service company, holding company, 278
person involved in the transportation of gas or licensee, enters into an 279
agreement with the employee's employer that contains a provision 280 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
10 of 18
directly or indirectly discouraging the employee from presenting a 281
written complaint or testimony concerning such misfeasance, 282
malfeasance or nonfeasance in any legislative, administrative or judicial 283
proceeding, such provision shall be void as against public policy. 284
(f) The Public Utilities Regulatory Authority shall adopt regulations, 285
in accordance with chapter 54, to carry out the provisions of this section. 286
Such regulations shall include the following: (1) The procedures by 287
which a complaint may be brought pursuant to subsection (a) of this 288
section; (2) the time period in which such a complaint may be brought; 289
(3) the time period by which the authority shall render a decision 290
pursuant to subsection (d) of this section; (4) the form on which written 291
complaints shall be submitted to the authority by an employee pursuant 292
to subsection (c) of this section; and (5) the requirement that a notice be 293
posted in the workplace informing all employees of any public service 294
company, holding company, person involved in the transportation of 295
gas and licensee and of any person, firm, corporation, contractor or 296
subcontractor directly or indirectly providing goods or services to a 297
company or licensee, as defined in subsection (b) of this section, of their 298
rights under this section, including the right to be reinstated in 299
accordance with subsection (c) of this section. 300
Sec. 5. Section 16-11 of the general statutes is repealed and the 301
following is substituted in lieu thereof (Effective July 1, 2021): 302
The Public Utilities Regulatory Authority shall, so far as is 303
practicable, keep fully informed as to the condition of the plant, 304
equipment and manner of operation of all public service companies and 305
persons involved in the transportation of gas, as such terms are defined 306
in section 16-280a, in respect to their adequacy and suitability to 307
accomplish the duties imposed upon such companies by law and in 308
respect to their relation to the safety of the public and of the employees 309
of such companies. The authority may order such reasonable 310
improvements, repairs or alterations in such plant or equipment, or such 311
changes in the manner of operation, as may be reasonably necessary in 312
the public interest. The general purposes of this section and sections 16-313 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
11 of 18
19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full 314
powers to regulate its public service companies, to increase the powers 315
of the Public Utilities Regulatory Authority and to promote local control 316
of the public service companies of this state, and said sections shall be 317
so construed as to effectuate these purposes. 318
Sec. 6. Section 16-16 of the general statutes is repealed and the 319
following is substituted in lieu thereof (Effective July 1, 2021): 320
Each public service company, person involved in the transportation 321
of gas, as such terms are defined in section 16-280a and electric supplier 322
subject to regulation by the Public Utilities Regulatory Authority shall, 323
in the event of any accident attended with personal injury or involving 324
public safety, which was or may have been connected with or due to the 325
operation of its or his property, or caused by contact with the wires of 326
any public service company or electric supplier, notify the authority 327
thereof, by telephone or otherwise, as soon as may be reasonably 328
possible after the occurrence of such accident, unless such accident is a 329
minor accident, as defined by regulations of the authority. Each such 330
person, company or electric supplier shall report such minor accidents 331
to the authority in writing, in summary form, once each month. If notice 332
of such accident, other than a minor accident, is given otherwise than in 333
writing, it shall be confirmed in writing within five days after the 334
occurrence of such accident. Any person, company or electric supplier 335
failing to comply with the provisions of this section shall be fined not 336
more than five hundred dollars for each offense. 337
Sec. 7. Section 16-41 of the general statutes is repealed and the 338
following is substituted in lieu thereof (Effective July 1, 2021): 339
(a) Each (1) public service company and its officers, agents and 340
employees, (2) electric supplier or person providing electric generation 341
services without a license in violation of section 16-245, and its officers, 342
agents and employees, (3) certified telecommunications provider or 343
person providing telecommunications services without authorization 344
pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents 345 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
12 of 18
and employees, (4) person, public agency or public utility, as such terms 346
are defined in section 16-345, subject to the requirements of chapter 293, 347
(5) person subject to the registration requirements under section 16-348
258a, (6) cellular mobile telephone carrier, as described in section 16-349
250b, (7) Connecticut electric efficiency partner, as defined in section 16-350
243v, (8) company, as defined in section 16-49, [and] (9) entity approved 351
to submeter pursuant to section 16-19ff, and (10) person involved in the 352
transportation of gas, as such terms are defined in section 16-280a shall 353
obey, observe and comply with all applicable provisions of this title and 354
each applicable order made or applicable regulations adopted by the 355
Public Utilities Regulatory Authority by virtue of this title as long as the 356
same remains in force. Any such company, electric supplier, certified 357
telecommunications provider, cellular mobile telephone carrier, 358
Connecticut electric efficiency partner, entity approved to submeter, 359
person, any officer, agent or employee thereof, public agency or public 360
utility which the authority finds has failed to obey or comply with any 361
such provision of this title, order or regulation shall be fined, ordered to 362
pay restitution to customers or ordered to pay a combination of a fine 363
and restitution by order of the authority in accordance with the penalty 364
prescribed for the violated provision of this title or, if no penalty is 365
prescribed, not more than ten thousand dollars for each offense, except 366
that the penalty shall be a fine, restitution to customers or a combination 367
of a fine and restitution of not more than forty thousand dollars for 368
failure to comply with an order of the authority made in accordance 369
with the provisions of section 16-19 or 16-247k or within thirty days of 370
such order or within any specific time period for compliance specified 371
in such order. The authority may direct a portion of any fine levied 372
pursuant to this section to be paid to a nonprofit agency engaged in 373
energy assistance programs named by the authority in its decision or 374
notice of violation. Each distinct violation of any such provision of this 375
title, order or regulation shall be a separate offense and, in case of a 376
continued violation, each day thereof shall be deemed a separate 377
offense. Each such penalty and any interest charged pursuant to 378
subsection (g) or (h) of section 16-49 shall be excluded from operating 379
expenses for purposes of rate-making. 380 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
13 of 18
(b) Any regional water authority, any regional water district, any 381
municipal gas or electric plant established under chapter 101, any 382
municipal waterworks system established under chapter 102, or any 383
other municipality or department thereof owning, leasing, operating or 384
managing a plant for the supplying or furnishing of any public utility, 385
which the Public Utilities Regulatory Authority finds has failed to 386
comply with the procedures of section 16-29, shall be subject to a civil 387
penalty of not more than five thousand dollars for any annual report 388
which is not submitted or submitted late in violation of said section. 389
(c) If the authority has reason to believe that a violation has occurred 390
for which a civil penalty is authorized by subsection (a) or (b) of this 391
section, it shall notify the alleged violator by certified mail, return 392
receipt requested, or by personal service. The notice shall include: 393
(1) A reference to the sections of the title, regulation or order 394
involved; 395
(2) A short and plain statement of the matter asserted or charged; 396
(3) A statement of the prescribed civil penalty for the violation; and 397
(4) A statement of the person's right to a hearing. 398
(d) The person to whom the notice is addressed shall have twenty 399
days from the date of receipt of the notice in which to deliver to the 400
authority a written application for a hearing. If a hearing is requested, 401
then, after a hearing and upon a finding that a violation has occurred, 402
the authority may issue a final order assessing a civil penalty under this 403
section which shall not be greater than the maximum penalty [stated in 404
the notice] permitted by law. If a hearing is not requested, or if such a 405
request is later withdrawn, then the notice shall, on the first day after 406
the expiration of the twenty-day period or on the first day after the 407
withdrawal of the request for hearing, whichever is later, become a final 408
order of the authority and the matters asserted or charged in the notice 409
shall be deemed admitted, unless the notice is modified by a consent 410
order before it becomes a final order. A consent order shall be deemed 411 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
14 of 18
a final order. 412
(e) All hearings under this section shall be conducted under sections 413
4-176e to 4-184, inclusive. The final order of the authority assessing a 414
civil penalty shall be subject to appeal under section 4-183. No challenge 415
to any final order of the authority assessing a civil penalty shall be 416
allowed as to any issue which could have been raised by an appeal of 417
an earlier order of the authority. Any civil penalty authorized by this 418
section shall become due and payable (1) at the time of receipt of a final 419
order in the case of a civil penalty assessed in such order after a hearing, 420
(2) on the first day after the expiration of the period in which a hearing 421
may be requested if no hearing is requested, or (3) on the first day after 422
the withdrawal of a request for hearing. 423
(f) A civil penalty assessed in a final order of the authority under this 424
section may be enforced in the same manner as a judgment of the 425
Superior Court. The final order shall be delivered to the respondent by 426
personal service or by certified mail, return receipt requested. After 427
entry of such final order, the authority may file a transcript without the 428
payment of costs, in the office of the clerk of the superior court in the 429
judicial district in which the respondent resides, has a place of business, 430
owns real property, or in which any real property which is the subject 431
of the proceedings is located or, if the respondent is not a resident of the 432
state of Connecticut, in the judicial district of Hartford. Upon the filing, 433
the clerk shall docket the order in the same manner and with the same 434
effect as a judgment entered in the superior court within the judicial 435
district. Upon the docketing, the order may be enforced as a judgment 436
of the court. 437
Sec. 8. Section 16-280b of the general statutes is repealed and the 438
following is substituted in lieu thereof (Effective July 1, 2021): 439
(a) It shall be unlawful for any person who engages in the 440
transportation of gas or maintains pipeline facilities or owns any 441
pipeline facilities within the state to violate any of the safety standards 442
established by the Secretary of Transportation of the United States for 443 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
15 of 18
the transportation of gas and pipeline facilities pursuant to the 444
provisions of the federal act or any regulations adopted by the authority 445
pursuant to subsection (b) or (c) of this section. 446
(b) The Public Utilities Regulatory Authority may adopt regulations, 447
in accordance with chapter 54, establishing intrastate gas pipeline safety 448
standards, which may be more specific than federal standards where 449
appropriate in relation to local circumstances or conditions and 450
consistent with public safety, provided such standards recognize 451
alternative instrumentalities and methodologies for achieving federal 452
safety objectives and do not foreclose utilization of alternative 453
instrumentalities and methodologies that conform to national 454
engineering standards or industry practices. 455
(c) The authority may issue a waiver of any federal safety standards 456
or any regulations adopted by the authority pursuant to subsection (b) 457
of this section in individual cases where warranted by local 458
circumstances or conditions, consistent with public safety and 459
authorized under the federal act. 460
Sec. 9. Section 16-280c of the general statutes is repealed and the 461
following is substituted in lieu thereof (Effective July 1, 2021): 462
[Each] The federal safety [standard] standards applicable to [pipeline 463
facilities and] the transportation of gas established under the provisions 464
of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and 465
49 CFR 199, as the same are, from time to time, made effective, or any 466
regulation adopted by the authority pursuant to subsection (b) or (c) of 467
section 16-280b, as amended by this act, shall be the standards of the 468
state. 469
Sec. 10. Section 16-280e of the general statutes is repealed and the 470
following is substituted in lieu thereof (Effective July 1, 2021): 471
(a) Any person that violates any provision of the federal act, any 472
regulation issued under the federal act, any provision of this chapter or 473
any regulation adopted by the authority pursuant to subsection (b) or 474 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
16 of 18
(c) of section 16-280b, as amended by this act, shall be subject to a civil 475
penalty not to exceed the higher of the maximum civil penalty provided 476
under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended 477
from time to time. 478
(b) Any such civil penalty may be compromised by the Public 479
Utilities Regulatory Authority. In determining the amount of such 480
penalty, or the amount agreed upon in compromise, the authority shall 481
consider the criteria set forth in 49 USC 60122(b), as amended. 482
(c) Nothing in this section shall be construed to limit the penalties 483
available under section 16-33. 484
Sec. 11. (NEW) (Effective July 1, 2021) The utility commissioners, as 485
defined in section 16-1 of the general statutes, or their designees, shall 486
have the authority to cause any work performed by any person involved 487
in the transportation of gas, as such terms are defined in section 16-280a 488
of the general statutes, to cease immediately if said work may endanger 489
any person. 490
Sec. 12. Section 16-354 of the general statutes is repealed and the 491
following is substituted in lieu thereof (Effective July 1, 2021): 492
A person, public agency or public utility responsible for excavating, 493
discharging explosives or demolition shall exercise reasonable care 494
when working in proximity to the underground facilities of any public 495
utility and shall comply with such safety standards and other 496
requirements as the authority shall prescribe by regulations adopted 497
pursuant to section 16-357. If the facilities are likely to be exposed, such 498
support shall be provided as may be reasonably necessary for protection 499
of the facilities. If excavation is within the approximate location of 500
facilities containing combustible or hazardous fluids or gases, only hand 501
digging or soft digging shall be employed. As used in this section, "soft 502
digging" means a nonmechanical and nondestructive process used to 503
excavate and evacuate soils at a controlled rate, using high pressure 504
water or air jet to break up the soil, often in conjunction with a high 505 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
17 of 18
power vacuum unit to extract the soil without damaging the facilities. 506
In the event that an immediate life-threatening hazard resulting from a 507
wilful violation of this chapter, or of such regulations adopted pursuant 508
to section 16-357, is identified, the utility commissioners, as defined in 509
section 16-1, or their designees, shall immediately notify the person, 510
public agency or public utility responsible for excavating, discharging 511
explosives or demolition of the hazard and violation. Upon receipt of 512
such notification, the person, public agency or public utility responsible 513
for excavating, discharging explosives or demolition shall promptly 514
abate the hazard and violation. In the event that the hazard and 515
violation is not abated in a reasonable time frame, the utility 516
commissioners, or their designees, shall have the authority to cause the 517
excavation, discharge of explosives or demolition to cease immediately 518
until such hazard and violation are abated. 519
Sec. 13. Section 8-31c of the general statutes is repealed and the 520
following is substituted in lieu thereof (Effective October 1, 2021): 521
(a) (1) Wherever the term "regional planning agency" is used in the 522
following general statutes, the term "regional council of governments" 523
shall be substituted in lieu thereof; and (2) wherever the term "regional 524
planning agencies" is used in the following general statutes, the term 525
"regional councils of governments" shall be substituted in lieu thereof: 526
8-35b, 8-35c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f, 527
16-50l, [16-358,] 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a-528
207, 22a-352, 23-8, 25-33e to 25-33h, inclusive, 25-68d, 25-102qq and 25-529
233. 530
(b) The Legislative Commissioners' Office shall, in codifying the 531
provisions of this section, make such technical, grammatical and 532
punctuation changes as are necessary to carry out the purposes of this 533
section. 534
Sec. 14. Sections 16-358 and 16-359 of the general statutes are 535
repealed. (Effective October 1, 2021) 536 Substitute Bill No. 858
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00858-
R01-SB.docx }
18 of 18
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 8-31c
Sec. 14 October 1, 2021 Repealer section
ET Joint Favorable Subst.