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General Assembly Raised Bill No. 94
February Session, 2022
LCO No. 1159
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING CERTAIN MODIFICATIONS TO GAS PIPELINE
PROCESSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16-7 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2022): 2
The utility commissioners of the Public Utilities Regulatory 3
Authority, or their designees, while engaged in the performance of their 4
duties may, at all reasonable times, enter any premises, buildings, cars, 5
plants or other places belonging to or controlled by any public service 6
company, [or] electric supplier or person involved in the transportation 7
of gas, as such terms are defined in section 16-280a, and any person 8
obstructing or in any way causing to be obstructed or hindered any 9
utility commissioner of the Public Utilities Regulatory Authority or 10
employee of the Public Utilities Regulatory Authority in the 11
performance of his or her duties shall be fined not more than [two 12
hundred] ten thousand dollars or imprisoned not more than six months, 13
or both. 14 Raised Bill No. 94
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Sec. 2. Section 16-8 of the general statutes is repealed and the 15
following is substituted in lieu thereof (Effective October 1, 2022): 16
(a) The Public Utilities Regulatory Authority may, in its discretion, 17
delegate its powers, in specific cases, to one or more of its directors or to 18
a hearing officer to ascertain the facts and report thereon to the 19
authority. The authority, or any director thereof, in the performance of 20
its duties or in connection with any hearing, or at the request of any 21
person, corporation, company, town, borough or association, may 22
summon and examine, under oath, such witnesses, and may direct the 23
production of, and examine or cause to be produced and examined, such 24
books, records, vouchers, memoranda, documents, letters, contracts or 25
other papers in relation to the affairs of any public service company or 26
person involved in the transportation of gas, as such terms are defined 27
in section 16-280a, as it may find advisable, and shall have the same 28
powers in reference thereto as are vested in magistrates taking 29
depositions. If any witness objects to testifying or to producing any book 30
or paper on the ground that such testimony, book or paper may tend to 31
incriminate him, and the authority directs such witness to testify or to 32
produce such book or paper, and he complies, or if he is compelled so 33
to do by order of court, he shall not be prosecuted for any matter 34
concerning which he or she has so testified. The fees of witnesses 35
summoned by the authority to appear before it under the provisions of 36
this section, and the fees for summoning witnesses shall be the same as 37
in the Superior Court. All such fees, together with any other expenses 38
authorized by statute, the method of payment of which is not otherwise 39
provided, shall, when taxed by the authority, be paid by the state, 40
through the business office of the authority, in the same manner as court 41
expenses. The authority may designate in specific cases a hearing officer 42
who may be a member of its technical staff or a member of the 43
Connecticut Bar engaged for that purpose under a contract approved by 44
the Secretary of the Office of Policy and Management to hold a hearing 45
and make report thereon to the authority. A hearing officer so 46
designated shall have the same powers as the authority, or any director 47
thereof, to conduct a hearing, except that only a director of the authority 48 Raised Bill No. 94
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shall have the power to grant immunity from prosecution to any witness 49
who objects to testifying or to producing any book or paper on the 50
ground that such testimony, book or paper may tend to incriminate him 51
or her. 52
(b) (1) The authority may employ professional personnel to perform 53
management audits. The authority shall promptly establish such 54
procedures as it deems necessary or desirable to provide for 55
management audits to be performed on a regular or irregular schedule 56
on all or any portion of the operating procedures and any other internal 57
workings of any public service company or person involved in the 58
transportation of gas, as such terms are defined in section 16-280a, 59
including the relationship between any public service company or 60
person involved in the transportation of gas, as such terms are defined 61
in section 16-280a, and a related holding company or subsidiary, 62
consistent with the provisions of section 16-8c, provided no such audit 63
shall be performed on a community antenna television company, except 64
with regard to any noncable communications services which the 65
company may provide, or when (A) such an audit is necessary for the 66
authority to perform its regulatory functions under the 67
Communications Act of 1934, 47 USC 151, et seq., as amended from time 68
to time, other federal law or state law, (B) the cost of such an audit is 69
warranted by a reasonably foreseeable financial, safety or service benefit 70
to subscribers of the company which is the subject of such an audit, and 71
(C) such an audit is restricted to examination of the operating 72
procedures that affect operations within the state. 73
(2) In any case where the authority determines that an audit is 74
necessary or desirable, it may (A) order the audit to be performed by 75
one of the management audit teams, (B) require the affected company 76
or person to perform the audit utilizing the company's own internal 77
management audit staff as supervised by designated members of the 78
authority's staff or the person's own internal management audit staff as 79
supervised by designated members of the authority's staff, or (C) 80
require that the audit be performed under the supervision of designated 81 Raised Bill No. 94
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members of the authority's staff by an independent management 82
consulting firm selected by the authority, in consultation with the 83
affected company or person. If the affected company or person has more 84
than seventy-five thousand customers, such independent management 85
consulting firm shall be of nationally recognized stature. All reasonable 86
and proper expenses of the audits, including, but not limited to, the costs 87
associated with the audit firm's testimony at a public hearing or other 88
proceeding, shall be borne by the affected companies or persons and 89
shall be paid by such companies or persons at such times and in such 90
manner as the authority directs. 91
(3) For purposes of this section, a complete audit shall consist of (A) 92
a diagnostic review of all functions of the audited company or person, 93
which shall include, but not be limited to, documentation of the 94
operations of the company or person, assessment of the company's 95
system of internal controls or assessment of the person's system of 96
internal controls, and identification of any areas of the company or 97
person which may require subsequent audits, and (B) the performance 98
of subsequent focused audits identified in the diagnostic review and 99
determined necessary by the authority. All audits performed pursuant 100
to this section shall be performed in accordance with generally accepted 101
management audit standards. The authority shall adopt regulations in 102
accordance with the provisions of chapter 54 setting forth such generally 103
accepted management audit standards. Each audit of a community 104
antenna television company shall be consistent with the provisions of 105
the Communications Act of 1934, 47 USC 151, et seq., as amended from 106
time to time, and of any other applicable federal law. The authority shall 107
certify whether a portion of an audit conforms to the provisions of this 108
section and constitutes a portion of a complete audit. 109
(4) A complete audit of each portion of each gas company or electric 110
distribution company having more than seventy-five thousand 111
customers shall begin no less frequently than every six years, so that a 112
complete audit of such a company's operations shall be performed every 113
six years. Such an audit of each such company having more than 114 Raised Bill No. 94
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seventy-five thousand customers shall be updated as required by the 115
authority. 116
(5) The results of an audit performed pursuant to this section shall be 117
filed with the authority and shall be open to public inspection. Upon 118
completion and review of the audit, if the person or firm performing or 119
supervising the audit determines that any of the operating procedures 120
or any other internal workings of the affected public service company 121
or person involved in the transportation of gas, as such terms are 122
defined in section 16-280a, are inefficient, improvident, unreasonable, 123
negligent or in abuse of discretion, the authority may, after notice and 124
opportunity for a hearing, order the affected public service company or 125
person involved in the transportation of gas, as such terms are defined 126
in section 16-280a, to adopt such new or altered practices and 127
procedures as the authority shall find necessary to promote efficient and 128
adequate service to meet the public convenience and necessity. The 129
authority shall annually submit a report of audits performed pursuant 130
to this section to the joint standing committee of the General Assembly 131
having cognizance of matters relating to public utilities which report 132
shall include the status of audits begun but not yet completed and a 133
summary of the results of audits completed. Any such report may be 134
submitted electronically. 135
(6) All reasonable and proper costs and expenses, as determined by 136
the authority, of complying with any order of the authority pursuant to 137
this subsection shall be recognized by the authority for all purposes as 138
proper business expenses of the affected company or person. 139
(7) After notice and hearing, the authority may modify the scope and 140
schedule of a management audit of a telephone company which is 141
subject to an alternative form of regulation so that such audit is 142
consistent with that alternative form of regulation. 143
(c) Nothing in this section shall be deemed to interfere or conflict with 144
any powers of the authority or its staff provided elsewhere in the 145
general statutes, including, but not limited to, the provisions of this 146 Raised Bill No. 94
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section and sections 16-7, as amended by this act, 16-28 and 16-32, to 147
conduct an audit, investigation or review of the books, records, [plant] 148
plants and equipment of any regulated public service company or 149
person involved in the transportation of gas, as such terms are defined 150
in section 16-280a. 151
Sec. 3. Section 16-8a of the general statutes is repealed and the 152
following is substituted in lieu thereof (Effective October 1, 2022): 153
(a) No public service company, as defined in section 16-1, holding 154
company, as defined in section 16-47, person involved in the 155
transportation of gas, as such terms are defined in section 16-280a, or 156
Nuclear Regulatory Commission licensee operating a nuclear power 157
generating facility in this state, or person, firm, corporation, contractor 158
or subcontractor directly or indirectly providing goods or services to 159
such public service company, holding company, person involved in the 160
transportation of gas or licensee, may take or threaten to take any 161
retaliatory action against an employee for the employee's disclosure of 162
(1) any matter involving the substantial misfeasance, malfeasance or 163
nonfeasance in the management of such public service company, 164
holding company, person involved in the transportation of gas or 165
licensee, or (2) information pursuant to section 31-51m. Any employee 166
found to have knowingly made a false disclosure shall be subject to 167
disciplinary action by the employee's employer, up to and including 168
dismissal. 169
(b) Any employee of such a public service company, holding 170
company, person involved in the transportation of gas or licensee, or of 171
any person, firm, corporation, contractor or subcontractor directly or 172
indirectly providing goods or services to such a public service company, 173
holding company, person involved in the transportation of gas or 174
licensee, having knowledge of any of the following may transmit all 175
facts and information in the employee's possession to the Public Utilities 176
Regulatory Authority: (1) Any matter involving substantial 177
misfeasance, malfeasance or nonfeasance in the management of such 178
public service company, holding company, person involved in the 179 Raised Bill No. 94
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transportation of gas or licensee; or (2) any matter involving retaliatory 180
action or the threat of retaliatory action taken against an employee who 181
has reported the misfeasance, malfeasance or nonfeasance, in the 182
management of such public service company, holding company, person 183
involved in the transportation of gas or licensee. With regard to any 184
matter described in subdivision (1) of this subsection, the authority shall 185
investigate such matter in accordance with the provisions of section 16-186
8, as amended by this act, and shall not disclose the identity of such 187
employee without the employee's consent unless it determines that such 188
disclosure is unavoidable during the course of the investigation. With 189
regard to any matter described in subdivision (2) of this subsection, the 190
matter shall be handled in accordance with the procedures set forth in 191
subsections (c) and (d) of this section. 192
(c) (1) Not more than ninety business days after receipt of a written 193
complaint, in a form prescribed by the authority, by an employee 194
alleging the employee's employer has retaliated against an employee in 195
violation of subsection (a) of this section, the authority shall make a 196
preliminary finding in accordance with this subsection. 197
(2) Not more than five business days after receiving a written 198
complaint, in a form prescribed by the authority, the authority shall 199
notify the employer by certified mail. Such notification shall include a 200
description of the nature of the charges and the substance of any 201
relevant supporting evidence. The employer may submit a written 202
response and both the employer and the employee may present rebuttal 203
statements in the form of affidavits from witnesses and supporting 204
documents and may meet with the authority informally to respond 205
verbally about the nature of the employee's charges. The authority shall 206
consider in making its preliminary finding as provided in subdivision 207
(3) of this subsection any such written and verbal responses, including 208
affidavits and supporting documents, received by the authority not 209
more than twenty business days after the employer receives such notice. 210
Any such response received after twenty business days shall be 211
considered by the authority only upon a showing of good cause and at 212 Raised Bill No. 94
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the discretion of the authority. The authority shall make its preliminary 213
finding as provided in subdivision (3) of this subsection based on 214
information described in this subdivision, without a public hearing. 215
(3) Unless the authority finds by clear and convincing evidence that 216
the adverse employment action was taken for a reason unconnected 217
with the employee's report of substantial misfeasance, malfeasance or 218
nonfeasance, there shall be a rebuttable presumption that an employee 219
was retaliated against in violation of subsection (a) of this section if the 220
authority finds that: (A) The employee had reported substantial 221
misfeasance, malfeasance or nonfeasance in the management of the 222
public service company, holding company, person involved in the 223
transportation of gas or licensee; (B) the employee was subsequently 224
discharged, suspended, demoted or otherwise penalized by having the 225
employee's status of employment changed by the employee's employer; 226
and (C) the subsequent discharge, suspension, demotion or other 227
penalty followed the employee's report closely in time. 228
(4) If such findings are made, the authority shall issue an order 229
requiring the employer to immediately return the employee to the 230
employee's previous position of employment or an equivalent position 231
pending the completion of the authority's full investigatory proceeding 232
pursuant to subsection (d) of this section. 233
(d) Not later than thirty days after making a preliminary finding in 234
accordance with the provisions of subsection (c) of this section, the 235
authority shall initiate a full investigatory proceeding in accordance 236
with the provisions of section 16-8, as amended by this act, at which time 237
the employer shall have the opportunity to rebut the presumption. The 238
authority may issue orders, impose civil penalties, order payment of 239
back pay or award attorneys' fees in a manner that conforms with the 240
notice and hearing provisions in section 16-41, as amended by this act, 241
against a public service company, holding company, person involved in 242
the transportation of gas or licensee or a person, firm, corporation, 243
contractor or subcontractor directly or indirectly providing goods or 244
services to such public service company, holding company, person 245 Raised Bill No. 94
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involved in the transportation of gas or licensee, in order to enforce the 246
provisions of this section. 247
(e) If an employee or former employee of such a public service 248
company, holding company, person involved in the transportation of 249
gas or licensee, or of a person, firm, corporation, contractor or 250
subcontractor directly or indirectly providing goods or services to such 251
a public service company, holding company, person involved in the 252
transportation of gas or licensee, having knowledge of any matter 253
involving the substantial misfeasance, malfeasance or nonfeasance in 254
the management of such public service company, holding company, 255
person involved in the transportation of gas or licensee, enters into an 256
agreement with the employee's employer that contains a provision 257
directly or indirectly discouraging the employee from presenting a 258
written complaint or testimony concerning such misfeasance, 259
malfeasance or nonfeasance in any legislative, administrative or judicial 260
proceeding, such provision shall be void as against public policy. 261
(f) The Public Utilities Regulatory Authority shall adopt regulations, 262
in accordance with chapter 54, to carry out the provisions of this section. 263
Such regulations shall include the following: (1) The procedures by 264
which a complaint may be brought pursuant to subsection (a) of this 265
section; (2) the time period in which such a complaint may be brought; 266
(3) the time period by which the authority shall render a decision 267
pursuant to subsection (d) of this section; (4) the form on which written 268
complaints shall be submitted to the authority by an employee pursuant 269
to subsection (c) of this section; and (5) the requirement that a notice be 270
posted in the workplace informing all employees of any public service 271
company, holding company, person involved in the transportation of 272
gas and licensee and of any person, firm, corporation, contractor or 273
subcontractor directly or indirectly providing goods or services to a 274
company or licensee, as defined in subsection (b) of this section, of their 275
rights under this section, including the right to be reinstated in 276
accordance with subsection (c) of this section. 277
Sec. 4. Section 16-11 of the general statutes is repealed and the 278 Raised Bill No. 94
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following is substituted in lieu thereof (Effective October 1, 2022): 279
The Public Utilities Regulatory Authority shall, so far as is 280
practicable, keep fully informed as to the condition of the plant, 281
equipment and manner of operation of all public service companies and 282
persons involved in the transportation of gas, as such terms are defined 283
in section 16-280a, in respect to their adequacy and suitability to 284
accomplish the duties imposed upon such companies by law and in 285
respect to their relation to the safety of the public and of the employees 286
of such companies or persons. The authority may order such reasonable 287
improvements, repairs or alterations in such plant or equipment, or such 288
changes in the manner of operation, as may be reasonably necessary in 289
the public interest. The general purposes of this section and sections 16-290
19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full 291
powers to regulate its public service companies, to increase the powers 292
of the Public Utilities Regulatory Authority and to promote local control 293
of the public service companies of this state, and said sections shall be 294
so construed as to effectuate these purposes. 295
Sec. 5. Section 16-16 of the general statutes is repealed and the 296
following is substituted in lieu thereof (Effective October 1, 2022): 297
Each public service company, person involved in the transportation 298
of gas, as such terms are defined in section 16-280a, and electric supplier 299
subject to regulation by the Public Utilities Regulatory Authority shall, 300
in the event of any accident attended with personal injury or involving 301
public safety, which was or may have been connected with or due to the 302
operation of its [or his] property, or caused by contact with the wires of 303
any public service company or electric supplier, notify the authority 304
thereof, by telephone or otherwise, as soon as may be reasonably 305
possible after the occurrence of such accident, unless such accident is a 306
minor accident, as defined by regulations of the authority. Each such 307
person, company or electric supplier shall report such minor accidents 308
to the authority in writing, in summary form, once each month. If notice 309
of such accident, other than a minor accident, is given otherwise than in 310
writing, it shall be confirmed in writing within five days after the 311 Raised Bill No. 94
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occurrence of such accident. Any person, company or electric supplier 312
failing to comply with the provisions of this section shall be fined not 313
more than five hundred dollars for each offense. 314
Sec. 6. Section 16-41 of the general statutes is repealed and the 315
following is substituted in lieu thereof (Effective October 1, 2022): 316
(a) Each (1) public service company and its officers, agents and 317
employees, (2) electric supplier or person providing electric generation 318
services without a license in violation of section 16-245, and its officers, 319
agents and employees, (3) certified telecommunications provider or 320
person providing telecommunications services without authorization 321
pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents 322
and employees, (4) person, public agency or public utility, as such terms 323
are defined in section 16-345, subject to the requirements of chapter 293, 324
(5) person subject to the registration requirements under section 16-325
258a, (6) cellular mobile telephone carrier, as described in section 16-326
250b, (7) Connecticut electric efficiency partner, as defined in section 16-327
243v, (8) company, as defined in section 16-49, [and] (9) entity approved 328
to submeter pursuant to section 16-19ff, and (10) person involved in the 329
transportation of gas, as such terms are defined in section 16-280a, shall 330
obey, observe and comply with all applicable provisions of this title and 331
each applicable order made or applicable regulations adopted by the 332
Public Utilities Regulatory Authority by virtue of this title as long as the 333
same remains in force. Any such company, electric supplier, certified 334
telecommunications provider, cellular mobile telephone carrier, 335
Connecticut electric efficiency partner, entity approved to submeter, 336
person, any officer, agent or employee thereof, public agency or public 337
utility which the authority finds has failed to obey or comply with any 338
such provision of this title, order or regulation shall be fined, ordered to 339
pay restitution to customers or ordered to pay a combination of a fine 340
and restitution by order of the authority in accordance with the penalty 341
prescribed for the violated provision of this title or, if no penalty is 342
prescribed, not more than ten thousand dollars for each offense, except 343
that the penalty shall be a fine, restitution to customers or a combination 344 Raised Bill No. 94
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of a fine and restitution of not more than forty thousand dollars for 345
failure to comply with an order of the authority made in accordance 346
with the provisions of section 16-19 or 16-247k or within thirty days of 347
such order or within any specific time period for compliance specified 348
in such order. The authority may direct a portion of any fine levied 349
pursuant to this section to be paid to a nonprofit agency engaged in 350
energy assistance programs named by the authority in its decision or 351
notice of violation. Each distinct violation of any such provision of this 352
title, order or regulation shall be a separate offense and, in case of a 353
continued violation, each day thereof shall be deemed a separate 354
offense. Each such penalty and any interest charged pursuant to 355
subsection (g) or (h) of section 16-49 shall be excluded from operating 356
expenses for purposes of rate-making. 357
(b) Any regional water authority, any regional water district, any 358
municipal gas or electric plant established under chapter 101, any 359
municipal waterworks system established under chapter 102, or any 360
other municipality or department thereof owning, leasing, operating or 361
managing a plant for the supplying or furnishing of any public utility, 362
which the Public Utilities Regulatory Authority finds has failed to 363
comply with the procedures of section 16-29, shall be subject to a civil 364
penalty of not more than five thousand dollars for any annual report 365
which is not submitted or submitted late in violation of said section. 366
(c) If the authority has reason to believe that a violation has occurred 367
for which a civil penalty is authorized by subsection (a) or (b) of this 368
section, it shall notify the alleged violator by certified mail, return 369
receipt requested, or by personal service. The notice shall include: 370
(1) A reference to the sections of the title, regulation or order 371
involved; 372
(2) A short and plain statement of the matter asserted or charged; 373
(3) A statement of the prescribed civil penalty for the violation; and 374
(4) A statement of the person's right to a hearing. 375 Raised Bill No. 94
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(d) The person to whom the notice is addressed shall have twenty 376
days from the date of receipt of the notice in which to deliver to the 377
authority a written application for a hearing. If a hearing is requested, 378
then, after a hearing and upon a finding that a violation has occurred, 379
the authority may issue a final order assessing a civil penalty under this 380
section which shall not be greater than the maximum penalty [stated in 381
the notice] permitted by law. If a hearing is not requested, or if such a 382
request is later withdrawn, then the notice shall, on the first day after 383
the expiration of the twenty-day period or on the first day after the 384
withdrawal of the request for hearing, whichever is later, become a final 385
order of the authority and the matters asserted or charged in the notice 386
shall be deemed admitted, unless the notice is modified by a consent 387
order before it becomes a final order. A consent order shall be deemed 388
a final order. 389
(e) All hearings under this section shall be conducted under sections 390
4-176e to 4-184, inclusive. The final order of the authority assessing a 391
civil penalty shall be subject to appeal under section 4-183. No challenge 392
to any final order of the authority assessing a civil penalty shall be 393
allowed as to any issue which could have been raised by an appeal of 394
an earlier order of the authority. Any civil penalty authorized by this 395
section shall become due and payable (1) at the time of receipt of a final 396
order in the case of a civil penalty assessed in such order after a hearing, 397
(2) on the first day after the expiration of the period in which a hearing 398
may be requested if no hearing is requested, or (3) on the first day after 399
the withdrawal of a request for hearing. 400
(f) A civil penalty assessed in a final order of the authority under this 401
section may be enforced in the same manner as a judgment of the 402
Superior Court. The final order shall be delivered to the respondent by 403
personal service or by certified mail, return receipt requested. After 404
entry of such final order, the authority may file a transcript without the 405
payment of costs, in the office of the clerk of the superior court in the 406
judicial district in which the respondent resides, has a place of business, 407
owns real property, or in which any real property which is the subject 408 Raised Bill No. 94
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of the proceedings is located or, if the respondent is not a resident of the 409
state of Connecticut, in the judicial district of Hartford. Upon the filing, 410
the clerk shall docket the order in the same manner and with the same 411
effect as a judgment entered in the superior court within the judicial 412
district. Upon the docketing, the order may be enforced as a judgment 413
of the court. 414
Sec. 7. Subsection (c) of section 16-280b of the general statutes is 415
repealed and the following is substituted in lieu thereof (Effective October 416
1, 2022): 417
(c) The authority may issue a waiver of any federal safety standards 418
or any regulations adopted by the authority pursuant to subsection (b) 419
of this section in individual cases where warranted by local 420
circumstances or conditions, consistent with public safety and 421
authorized under the federal act. 422
Sec. 8. Section 16-280c of the general statutes is repealed and the 423
following is substituted in lieu thereof (Effective October 1, 2022): 424
[Each] The federal safety [standard] standards applicable to [pipeline 425
facilities and] the transportation of gas established under the provisions 426
of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and 427
49 CFR 199, as the same are, from time to time, made effective, or any 428
regulation adopted by the authority pursuant to subsection (b) or (c) of 429
section 16-280b, as amended by this act, shall be the standards of the 430
state. 431
Sec. 9. Subsection (a) of section 16-280e of the general statutes is 432
repealed and the following is substituted in lieu thereof (Effective October 433
1, 2022): 434
(a) Any person that violates any provision of the federal act, any 435
regulation issued under the federal act, any provision of this chapter or 436
any regulation adopted by the authority pursuant to subsection (b) or 437
(c) of section 16-280b, as amended by this act, shall be subject to a civil 438
penalty not to exceed the higher of the maximum civil penalty provided 439 Raised Bill No. 94
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under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended 440
from time to time. 441
Sec. 10. (NEW) (Effective October 1, 2022) The utility commissioners, 442
as defined in section 16-1 of the general statutes, or their designees, shall 443
have the authority to cause any work performed by any person involved 444
in the transportation of gas, as such terms are defined in section 16-280a 445
of the general statutes, to cease immediately if said work may endanger 446
any person. 447
Sec. 11. Section 16-354 of the general statutes is repealed and the 448
following is substituted in lieu thereof (Effective October 1, 2022): 449
A person, public agency or public utility responsible for excavating, 450
discharging explosives or demolition shall exercise reasonable care 451
when working in proximity to the underground facilities of any public 452
utility and shall comply with such safety standards and other 453
requirements as the authority shall prescribe by regulations adopted 454
pursuant to section 16-357. If the facilities are likely to be exposed, such 455
support shall be provided as may be reasonably necessary for protection 456
of the facilities. If excavation is within the approximate location of 457
facilities containing combustible or hazardous fluids or gases, only hand 458
digging or soft digging shall be employed. As used in this section, "soft 459
digging" means a nonmechanical and nondestructive process used to 460
excavate and evacuate soils at a controlled rate, using high pressure 461
water or air jet to break up the soil, often in conjunction with a high 462
power vacuum unit to extract the soil without damaging the facilities. 463
In the event that an immediate life-threatening hazard resulting from a 464
wilful violation of this chapter, or of such regulations adopted pursuant 465
to section 16-357, is identified, the utility commissioners, as defined in 466
section 16-1, or their designees, shall immediately notify the person, 467
public agency or public utility responsible for excavating, discharging 468
explosives or demolition of said hazard and violation. Upon receipt of 469
such notification, the person, public agency or public utility responsible 470
for excavating, discharging explosives or demolition shall promptly 471
abate said hazard and violation. In the event that said hazard and 472 Raised Bill No. 94
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violation is not abated in a reasonable time frame, the utility 473
commissioners, or their designees, shall have the authority to cause the 474
excavation, discharge of explosives or demolition to cease immediately 475
until said hazard and violation have been abated. 476
Sec. 12. Subdivision (1) of subsection (a) of section 8-31c of the general 477
statutes is repealed and the following is substituted in lieu thereof 478
(Effective October 1, 2022): 479
(a) (1) Wherever the term "regional planning agency" is used in the 480
following general statutes, the term "regional council of governments" 481
shall be substituted in lieu thereof; and (2) wherever the term "regional 482
planning agencies" is used in the following general statutes, the term 483
"regional councils of governments" shall be substituted in lieu thereof: 484
8-35b, 8-35c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f, 485
16-50l, [16-358,] 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a-486
207, 22a-352, 23-8, 25-33e to 25-33h, inclusive, 25-68d, 25-102qq and 25-487
233. 488
Sec. 13. Sections 16-358 and 16-359 of the general statutes are 489
repealed. (Effective October 1, 2022) 490
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 16-7
Sec. 2 October 1, 2022 16-8
Sec. 3 October 1, 2022 16-8a
Sec. 4 October 1, 2022 16-11
Sec. 5 October 1, 2022 16-16
Sec. 6 October 1, 2022 16-41
Sec. 7 October 1, 2022 16-280b(c)
Sec. 8 October 1, 2022 16-280c
Sec. 9 October 1, 2022 16-280e(a)
Sec. 10 October 1, 2022 New section
Sec. 11 October 1, 2022 16-354
Sec. 12 October 1, 2022 8-31c(a)(1)
Sec. 13 October 1, 2022 Repealer section Raised Bill No. 94
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ET Joint Favorable