Connecticut 2022 Regular Session

Connecticut Senate Bill SB00094 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO 1159 \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-R01-
	4	+	SB.docx
	5	+	1 of 17
	6	+
	7	+	General Assembly Raised Bill No. 94
	8	+	February Session, 2022
	9	+	LCO No. 1159
	10	+
	11	+
	12	+	Referred to Committee on ENERGY AND TECHNOLOGY
	13	+
	14	+
	15	+	Introduced by:
	16	+	(ET)
1	17
2	18
3	19
4		-	Senate Bill No. 94
5		-
6		-	Public Act No. 22-20
7		-
8		-
9		-	AN ACT CONCERNING CERTAIN MODIFICATIONS TO GAS
10		-	PIPELINE PROCESSES.
	20	+	AN ACT CONCERNING CERTAIN MODIFICATIONS TO GAS PIPELINE
	21	+	PROCESSES.
11	22		Be it enacted by the Senate and House of Representatives in General
12	23		Assembly convened:
13	24
14		-	Section 1. Section 16-7 of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2022):
16		-	The utility commissioners of the Public Utilities Regulatory
17		-	Authority, or their designees, while engaged in the performance of their
18		-	duties may, at all reasonable times, enter any premises, buildings, cars,
19		-	plants or other places belonging to or controlled by any public service
20		-	company, [or] electric supplier or person involved in the transportation
21		-	of gas, as such terms are defined in section 16-280a, and any person
22		-	obstructing or in any way causing to be obstructed or hindered any
23		-	utility commissioner of the Public Utilities Regulatory Authority or
24		-	employee of the Public Utilities Regulatory Authority in the
25		-	performance of his or her duties shall be fined not more than [two
26		-	hundred] ten thousand dollars or imprisoned not more than six months,
27		-	or both.
28		-	Sec. 2. Section 16-8 of the general statutes is repealed and the
29		-	following is substituted in lieu thereof (Effective October 1, 2022):
30		-	(a) The Public Utilities Regulatory Authority may, in its discretion, Senate Bill No. 94
	25	+	Section 1. Section 16-7 of the general statutes is repealed and the 1
	26	+	following is substituted in lieu thereof (Effective October 1, 2022): 2
	27	+	The utility commissioners of the Public Utilities Regulatory 3
	28	+	Authority, or their designees, while engaged in the performance of their 4
	29	+	duties may, at all reasonable times, enter any premises, buildings, cars, 5
	30	+	plants or other places belonging to or controlled by any public service 6
	31	+	company, [or] electric supplier or person involved in the transportation 7
	32	+	of gas, as such terms are defined in section 16-280a, and any person 8
	33	+	obstructing or in any way causing to be obstructed or hindered any 9
	34	+	utility commissioner of the Public Utilities Regulatory Authority or 10
	35	+	employee of the Public Utilities Regulatory Authority in the 11
	36	+	performance of his or her duties shall be fined not more than [two 12
	37	+	hundred] ten thousand dollars or imprisoned not more than six months, 13
	38	+	or both. 14 Raised Bill No. 94
31	39
32		-	Public Act No. 22-20 2 of 17
33	40
34		-	delegate its powers, in specific cases, to one or more of its directors or to
35		-	a hearing officer to ascertain the facts and report thereon to the
36		-	authority. The authority, or any director thereof, in the performance of
37		-	its duties or in connection with any hearing, or at the request of any
38		-	person, corporation, company, town, borough or association, may
39		-	summon and examine, under oath, such witnesses, and may direct the
40		-	production of, and examine or cause to be produced and examined, such
41		-	books, records, vouchers, memoranda, documents, letters, contracts or
42		-	other papers in relation to the affairs of any public service company or
43		-	person involved in the transportation of gas, as such terms are defined
44		-	in section 16-280a, as it may find advisable, and shall have the same
45		-	powers in reference thereto as are vested in magistrates taking
46		-	depositions. If any witness objects to testifying or to producing any book
47		-	or paper on the ground that such testimony, book or paper may tend to
48		-	incriminate him, and the authority directs such witness to testify or to
49		-	produce such book or paper, and he complies, or if he is compelled so
50		-	to do by order of court, he shall not be prosecuted for any matter
51		-	concerning which he or she has so testified. The fees of witnesses
52		-	summoned by the authority to appear before it under the provisions of
53		-	this section, and the fees for summoning witnesses shall be the same as
54		-	in the Superior Court. All such fees, together with any other expenses
55		-	authorized by statute, the method of payment of which is not otherwise
56		-	provided, shall, when taxed by the authority, be paid by the state,
57		-	through the business office of the authority, in the same manner as court
58		-	expenses. The authority may designate in specific cases a hearing officer
59		-	who may be a member of its technical staff or a member of the
60		-	Connecticut Bar engaged for that purpose under a contract approved by
61		-	the Secretary of the Office of Policy and Management to hold a hearing
62		-	and make report thereon to the authority. A hearing officer so
63		-	designated shall have the same powers as the authority, or any director
64		-	thereof, to conduct a hearing, except that only a director of the authority
65		-	shall have the power to grant immunity from prosecution to any witness
66		-	who objects to testifying or to producing any book or paper on the Senate Bill No. 94
	41	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	42	+	R01-SB.docx }
	43	+	2 of 17
67	44
68		-	Public Act No. 22-20 3 of 17
	45	+	Sec. 2. Section 16-8 of the general statutes is repealed and the 15
	46	+	following is substituted in lieu thereof (Effective October 1, 2022): 16
	47	+	(a) The Public Utilities Regulatory Authority may, in its discretion, 17
	48	+	delegate its powers, in specific cases, to one or more of its directors or to 18
	49	+	a hearing officer to ascertain the facts and report thereon to the 19
	50	+	authority. The authority, or any director thereof, in the performance of 20
	51	+	its duties or in connection with any hearing, or at the request of any 21
	52	+	person, corporation, company, town, borough or association, may 22
	53	+	summon and examine, under oath, such witnesses, and may direct the 23
	54	+	production of, and examine or cause to be produced and examined, such 24
	55	+	books, records, vouchers, memoranda, documents, letters, contracts or 25
	56	+	other papers in relation to the affairs of any public service company or 26
	57	+	person involved in the transportation of gas, as such terms are defined 27
	58	+	in section 16-280a, as it may find advisable, and shall have the same 28
	59	+	powers in reference thereto as are vested in magistrates taking 29
	60	+	depositions. If any witness objects to testifying or to producing any book 30
	61	+	or paper on the ground that such testimony, book or paper may tend to 31
	62	+	incriminate him, and the authority directs such witness to testify or to 32
	63	+	produce such book or paper, and he complies, or if he is compelled so 33
	64	+	to do by order of court, he shall not be prosecuted for any matter 34
	65	+	concerning which he or she has so testified. The fees of witnesses 35
	66	+	summoned by the authority to appear before it under the provisions of 36
	67	+	this section, and the fees for summoning witnesses shall be the same as 37
	68	+	in the Superior Court. All such fees, together with any other expenses 38
	69	+	authorized by statute, the method of payment of which is not otherwise 39
	70	+	provided, shall, when taxed by the authority, be paid by the state, 40
	71	+	through the business office of the authority, in the same manner as court 41
	72	+	expenses. The authority may designate in specific cases a hearing officer 42
	73	+	who may be a member of its technical staff or a member of the 43
	74	+	Connecticut Bar engaged for that purpose under a contract approved by 44
	75	+	the Secretary of the Office of Policy and Management to hold a hearing 45
	76	+	and make report thereon to the authority. A hearing officer so 46
	77	+	designated shall have the same powers as the authority, or any director 47
	78	+	thereof, to conduct a hearing, except that only a director of the authority 48 Raised Bill No. 94
69	79
70		-	ground that such testimony, book or paper may tend to incriminate him
71		-	or her.
72		-	(b) (1) The authority may employ professional personnel to perform
73		-	management audits. The authority shall promptly establish such
74		-	procedures as it deems necessary or desirable to provide for
75		-	management audits to be performed on a regular or irregular schedule
76		-	on all or any portion of the operating procedures and any other internal
77		-	workings of any public service company or person involved in the
78		-	transportation of gas, as such terms are defined in section 16-280a,
79		-	including the relationship between any public service company or
80		-	person involved in the transportation of gas, as such terms are defined
81		-	in section 16-280a, and a related holding company or subsidiary,
82		-	consistent with the provisions of section 16-8c, provided no such audit
83		-	shall be performed on a community antenna television company, except
84		-	with regard to any noncable communications services which the
85		-	company may provide, or when (A) such an audit is necessary for the
86		-	authority to perform its regulatory functions under the
87		-	Communications Act of 1934, 47 USC 151, et seq., as amended from time
88		-	to time, other federal law or state law, (B) the cost of such an audit is
89		-	warranted by a reasonably foreseeable financial, safety or service benefit
90		-	to subscribers of the company which is the subject of such an audit, and
91		-	(C) such an audit is restricted to examination of the operating
92		-	procedures that affect operations within the state.
93		-	(2) In any case where the authority determines that an audit is
94		-	necessary or desirable, it may (A) order the audit to be performed by
95		-	one of the management audit teams, (B) require the affected company
96		-	or person to perform the audit utilizing the company's own internal
97		-	management audit staff as supervised by designated members of the
98		-	authority's staff or the person's own internal management audit staff as
99		-	supervised by designated members of the authority's staff, or (C)
100		-	require that the audit be performed under the supervision of designated Senate Bill No. 94
101	80
102		-	Public Act No. 22-20 4 of 17
	81	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	82	+	R01-SB.docx }
	83	+	3 of 17
103	84
104		-	members of the authority's staff by an independent management
105		-	consulting firm selected by the authority, in consultation with the
106		-	affected company or person. If the affected company or person has more
107		-	than seventy-five thousand customers, such independent management
108		-	consulting firm shall be of nationally recognized stature. All reasonable
109		-	and proper expenses of the audits, including, but not limited to, the costs
110		-	associated with the audit firm's testimony at a public hearing or other
111		-	proceeding, shall be borne by the affected companies or persons and
112		-	shall be paid by such companies or persons at such times and in such
113		-	manner as the authority directs.
114		-	(3) For purposes of this section, a complete audit shall consist of (A)
115		-	a diagnostic review of all functions of the audited company or person,
116		-	which shall include, but not be limited to, documentation of the
117		-	operations of the company or person, assessment of the company's
118		-	system of internal controls or assessment of the person's system of
119		-	internal controls, and identification of any areas of the company or
120		-	person which may require subsequent audits, and (B) the performance
121		-	of subsequent focused audits identified in the diagnostic review and
122		-	determined necessary by the authority. All audits performed pursuant
123		-	to this section shall be performed in accordance with generally accepted
124		-	management audit standards. The authority shall adopt regulations in
125		-	accordance with the provisions of chapter 54 setting forth such generally
126		-	accepted management audit standards. Each audit of a community
127		-	antenna television company shall be consistent with the provisions of
128		-	the Communications Act of 1934, 47 USC 151, et seq., as amended from
129		-	time 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 Senate Bill No. 94
	85	+	shall have the power to grant immunity from prosecution to any witness 49
	86	+	who objects to testifying or to producing any book or paper on the 50
	87	+	ground that such testimony, book or paper may tend to incriminate him 51
	88	+	or her. 52
	89	+	(b) (1) The authority may employ professional personnel to perform 53
	90	+	management audits. The authority shall promptly establish such 54
	91	+	procedures as it deems necessary or desirable to provide for 55
	92	+	management audits to be performed on a regular or irregular schedule 56
	93	+	on all or any portion of the operating procedures and any other internal 57
	94	+	workings of any public service company or person involved in the 58
	95	+	transportation of gas, as such terms are defined in section 16-280a, 59
	96	+	including the relationship between any public service company or 60
	97	+	person involved in the transportation of gas, as such terms are defined 61
	98	+	in section 16-280a, and a related holding company or subsidiary, 62
	99	+	consistent with the provisions of section 16-8c, provided no such audit 63
	100	+	shall be performed on a community antenna television company, except 64
	101	+	with regard to any noncable communications services which the 65
	102	+	company may provide, or when (A) such an audit is necessary for the 66
	103	+	authority to perform its regulatory functions under the 67
	104	+	Communications Act of 1934, 47 USC 151, et seq., as amended from time 68
	105	+	to time, other federal law or state law, (B) the cost of such an audit is 69
	106	+	warranted by a reasonably foreseeable financial, safety or service benefit 70
	107	+	to subscribers of the company which is the subject of such an audit, and 71
	108	+	(C) such an audit is restricted to examination of the operating 72
	109	+	procedures that affect operations within the state. 73
	110	+	(2) In any case where the authority determines that an audit is 74
	111	+	necessary or desirable, it may (A) order the audit to be performed by 75
	112	+	one of the management audit teams, (B) require the affected company 76
	113	+	or person to perform the audit utilizing the company's own internal 77
	114	+	management audit staff as supervised by designated members of the 78
	115	+	authority's staff or the person's own internal management audit staff as 79
	116	+	supervised by designated members of the authority's staff, or (C) 80
	117	+	require that the audit be performed under the supervision of designated 81 Raised Bill No. 94
135	118
136		-	Public Act No. 22-20 5 of 17
137	119
138		-	complete audit of such a company's operations shall be performed every
139		-	six years. Such an audit of each such company having more than
140		-	seventy-five thousand customers shall be updated as required by the
141		-	authority.
142		-	(5) The results of an audit performed pursuant to this section shall be
143		-	filed with the authority and shall be open to public inspection. Upon
144		-	completion and review of the audit, if the person or firm performing or
145		-	supervising the audit determines that any of the operating procedures
146		-	or any other internal workings of the affected public service company
147		-	or person involved in the transportation of gas, as such terms are
148		-	defined in section 16-280a, are inefficient, improvident, unreasonable,
149		-	negligent or in abuse of discretion, the authority may, after notice and
150		-	opportunity for a hearing, order the affected public service company or
151		-	person involved in the transportation of gas, as such terms are defined
152		-	in section 16-280a, to adopt such new or altered practices and
153		-	procedures as the authority shall find necessary to promote efficient and
154		-	adequate service to meet the public convenience and necessity. The
155		-	authority shall annually submit a report of audits performed pursuant
156		-	to this section to the joint standing committee of the General Assembly
157		-	having cognizance of matters relating to public utilities which report
158		-	shall include the status of audits begun but not yet completed and a
159		-	summary of the results of audits completed. Any such report may be
160		-	submitted electronically.
161		-	(6) All reasonable and proper costs and expenses, as determined by
162		-	the authority, of complying with any order of the authority pursuant to
163		-	this subsection shall be recognized by the authority for all purposes as
164		-	proper business expenses of the affected company or person.
165		-	(7) After notice and hearing, the authority may modify the scope and
166		-	schedule of a management audit of a telephone company which is
167		-	subject to an alternative form of regulation so that such audit is
168		-	consistent with that alternative form of regulation. Senate Bill No. 94
	120	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	121	+	R01-SB.docx }
	122	+	4 of 17
169	123
170		-	Public Act No. 22-20 6 of 17
	124	+	members of the authority's staff by an independent management 82
	125	+	consulting firm selected by the authority, in consultation with the 83
	126	+	affected company or person. If the affected company or person has more 84
	127	+	than seventy-five thousand customers, such independent management 85
	128	+	consulting firm shall be of nationally recognized stature. All reasonable 86
	129	+	and proper expenses of the audits, including, but not limited to, the costs 87
	130	+	associated with the audit firm's testimony at a public hearing or other 88
	131	+	proceeding, shall be borne by the affected companies or persons and 89
	132	+	shall be paid by such companies or persons at such times and in such 90
	133	+	manner as the authority directs. 91
	134	+	(3) For purposes of this section, a complete audit shall consist of (A) 92
	135	+	a diagnostic review of all functions of the audited company or person, 93
	136	+	which shall include, but not be limited to, documentation of the 94
	137	+	operations of the company or person, assessment of the company's 95
	138	+	system of internal controls or assessment of the person's system of 96
	139	+	internal controls, and identification of any areas of the company or 97
	140	+	person which may require subsequent audits, and (B) the performance 98
	141	+	of subsequent focused audits identified in the diagnostic review and 99
	142	+	determined necessary by the authority. All audits performed pursuant 100
	143	+	to this section shall be performed in accordance with generally accepted 101
	144	+	management audit standards. The authority shall adopt regulations in 102
	145	+	accordance with the provisions of chapter 54 setting forth such generally 103
	146	+	accepted management audit standards. Each audit of a community 104
	147	+	antenna television company shall be consistent with the provisions of 105
	148	+	the Communications Act of 1934, 47 USC 151, et seq., as amended from 106
	149	+	time to time, and of any other applicable federal law. The authority shall 107
	150	+	certify whether a portion of an audit conforms to the provisions of this 108
	151	+	section and constitutes a portion of a complete audit. 109
	152	+	(4) A complete audit of each portion of each gas company or electric 110
	153	+	distribution company having more than seventy-five thousand 111
	154	+	customers shall begin no less frequently than every six years, so that a 112
	155	+	complete audit of such a company's operations shall be performed every 113
	156	+	six years. Such an audit of each such company having more than 114 Raised Bill No. 94
171	157
172		-	(c) Nothing in this section shall be deemed to interfere or conflict with
173		-	any powers of the authority or its staff provided elsewhere in the
174		-	general statutes, including, but not limited to, the provisions of this
175		-	section and sections 16-7, as amended by this act, 16-28 and 16-32, to
176		-	conduct an audit, investigation or review of the books, records, [plant]
177		-	plants and equipment of any regulated public service company or
178		-	person involved in the transportation of gas, as such terms are defined
179		-	in section 16-280a.
180		-	Sec. 3. Section 16-8a of the general statutes is repealed and the
181		-	following is substituted in lieu thereof (Effective October 1, 2022):
182		-	(a) No public service company, as defined in section 16-1, holding
183		-	company, as defined in section 16-47, person involved in the
184		-	transportation of gas, as such terms are defined in section 16-280a, or
185		-	Nuclear Regulatory Commission licensee operating a nuclear power
186		-	generating facility in this state, or person, firm, corporation, contractor
187		-	or subcontractor directly or indirectly providing goods or services to
188		-	such public service company, holding company, person involved in the
189		-	transportation of gas or licensee, may take or threaten to take any
190		-	retaliatory action against an employee for the employee's disclosure of
191		-	(1) any matter involving the substantial misfeasance, malfeasance or
192		-	nonfeasance in the management of such public service company,
193		-	holding company, person involved in the transportation of gas or
194		-	licensee, or (2) information pursuant to section 31-51m. Any employee
195		-	found to have knowingly made a false disclosure shall be subject to
196		-	disciplinary action by the employee's employer, up to and including
197		-	dismissal.
198		-	(b) Any employee of such a public service company, holding
199		-	company, person involved in the transportation of gas or licensee, or of
200		-	any person, firm, corporation, contractor or subcontractor directly or
201		-	indirectly providing goods or services to such a public service company,
202		-	holding company, person involved in the transportation of gas or Senate Bill No. 94
203	158
204		-	Public Act No. 22-20 7 of 17
	159	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	160	+	R01-SB.docx }
	161	+	5 of 17
205	162
206		-	licensee, having knowledge of any of the following may transmit all
207		-	facts and information in the employee's possession to the Public Utilities
208		-	Regulatory Authority: (1) Any matter involving substantial
209		-	misfeasance, malfeasance or nonfeasance in the management of such
210		-	public service company, holding company, person involved in the
211		-	transportation of gas or licensee; or (2) any matter involving retaliatory
212		-	action or the threat of retaliatory action taken against an employee who
213		-	has reported the misfeasance, malfeasance or nonfeasance, in the
214		-	management of such public service company, holding company, person
215		-	involved in the transportation of gas or licensee. With regard to any
216		-	matter described in subdivision (1) of this subsection, the authority shall
217		-	investigate such matter in accordance with the provisions of section 16-
218		-	8, as amended by this act, and shall not disclose the identity of such
219		-	employee without the employee's consent unless it determines that such
220		-	disclosure is unavoidable during the course of the investigation. With
221		-	regard to any matter described in subdivision (2) of this subsection, the
222		-	matter shall be handled in accordance with the procedures set forth in
223		-	subsections (c) and (d) of this section.
224		-	(c) (1) Not more than ninety business days after receipt of a written
225		-	complaint, in a form prescribed by the authority, by an employee
226		-	alleging the employee's employer has retaliated against an employee in
227		-	violation of subsection (a) of this section, the authority shall make a
228		-	preliminary finding in accordance with this subsection.
229		-	(2) Not more than five business days after receiving a written
230		-	complaint, in a form prescribed by the authority, the authority shall
231		-	notify the employer by certified mail. Such notification shall include a
232		-	description of the nature of the charges and the substance of any
233		-	relevant supporting evidence. The employer may submit a written
234		-	response and both the employer and the employee may present rebuttal
235		-	statements in the form of affidavits from witnesses and supporting
236		-	documents and may meet with the authority informally to respond Senate Bill No. 94
	163	+	seventy-five thousand customers shall be updated as required by the 115
	164	+	authority. 116
	165	+	(5) The results of an audit performed pursuant to this section shall be 117
	166	+	filed with the authority and shall be open to public inspection. Upon 118
	167	+	completion and review of the audit, if the person or firm performing or 119
	168	+	supervising the audit determines that any of the operating procedures 120
	169	+	or any other internal workings of the affected public service company 121
	170	+	or person involved in the transportation of gas, as such terms are 122
	171	+	defined in section 16-280a, are inefficient, improvident, unreasonable, 123
	172	+	negligent or in abuse of discretion, the authority may, after notice and 124
	173	+	opportunity for a hearing, order the affected public service company or 125
	174	+	person involved in the transportation of gas, as such terms are defined 126
	175	+	in section 16-280a, to adopt such new or altered practices and 127
	176	+	procedures as the authority shall find necessary to promote efficient and 128
	177	+	adequate service to meet the public convenience and necessity. The 129
	178	+	authority shall annually submit a report of audits performed pursuant 130
	179	+	to this section to the joint standing committee of the General Assembly 131
	180	+	having cognizance of matters relating to public utilities which report 132
	181	+	shall include the status of audits begun but not yet completed and a 133
	182	+	summary of the results of audits completed. Any such report may be 134
	183	+	submitted electronically. 135
	184	+	(6) All reasonable and proper costs and expenses, as determined by 136
	185	+	the authority, of complying with any order of the authority pursuant to 137
	186	+	this subsection shall be recognized by the authority for all purposes as 138
	187	+	proper business expenses of the affected company or person. 139
	188	+	(7) After notice and hearing, the authority may modify the scope and 140
	189	+	schedule of a management audit of a telephone company which is 141
	190	+	subject to an alternative form of regulation so that such audit is 142
	191	+	consistent with that alternative form of regulation. 143
	192	+	(c) Nothing in this section shall be deemed to interfere or conflict with 144
	193	+	any powers of the authority or its staff provided elsewhere in the 145
	194	+	general statutes, including, but not limited to, the provisions of this 146 Raised Bill No. 94
237	195
238		-	Public Act No. 22-20 8 of 17
239	196
240		-	verbally about the nature of the employee's charges. The authority shall
241		-	consider in making its preliminary finding as provided in subdivision
242		-	(3) of this subsection any such written and verbal responses, including
243		-	affidavits and supporting documents, received by the authority not
244		-	more than twenty business days after the employer receives such notice.
245		-	Any such response received after twenty business days shall be
246		-	considered by the authority only upon a showing of good cause and at
247		-	the discretion of the authority. The authority shall make its preliminary
248		-	finding as provided in subdivision (3) of this subsection based on
249		-	information described in this subdivision, without a public hearing.
250		-	(3) Unless the authority finds by clear and convincing evidence that
251		-	the adverse employment action was taken for a reason unconnected
252		-	with the employee's report of substantial misfeasance, malfeasance or
253		-	nonfeasance, there shall be a rebuttable presumption that an employee
254		-	was retaliated against in violation of subsection (a) of this section if the
255		-	authority finds that: (A) The employee had reported substantial
256		-	misfeasance, malfeasance or nonfeasance in the management of the
257		-	public service company, holding company, person involved in the
258		-	transportation of gas or licensee; (B) the employee was subsequently
259		-	discharged, suspended, demoted or otherwise penalized by having the
260		-	employee's status of employment changed by the employee's employer;
261		-	and (C) the subsequent discharge, suspension, demotion or other
262		-	penalty followed the employee's report closely in time.
263		-	(4) If such findings are made, the authority shall issue an order
264		-	requiring the employer to immediately return the employee to the
265		-	employee's previous position of employment or an equivalent position
266		-	pending the completion of the authority's full investigatory proceeding
267		-	pursuant to subsection (d) of this section.
268		-	(d) Not later than thirty days after making a preliminary finding in
269		-	accordance with the provisions of subsection (c) of this section, the
270		-	authority shall initiate a full investigatory proceeding in accordance Senate Bill No. 94
	197	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	198	+	R01-SB.docx }
	199	+	6 of 17
271	200
272		-	Public Act No. 22-20 9 of 17
	201	+	section and sections 16-7, as amended by this act, 16-28 and 16-32, to 147
	202	+	conduct an audit, investigation or review of the books, records, [plant] 148
	203	+	plants and equipment of any regulated public service company or 149
	204	+	person involved in the transportation of gas, as such terms are defined 150
	205	+	in section 16-280a. 151
	206	+	Sec. 3. Section 16-8a of the general statutes is repealed and the 152
	207	+	following is substituted in lieu thereof (Effective October 1, 2022): 153
	208	+	(a) No public service company, as defined in section 16-1, holding 154
	209	+	company, as defined in section 16-47, person involved in the 155
	210	+	transportation of gas, as such terms are defined in section 16-280a, or 156
	211	+	Nuclear Regulatory Commission licensee operating a nuclear power 157
	212	+	generating facility in this state, or person, firm, corporation, contractor 158
	213	+	or subcontractor directly or indirectly providing goods or services to 159
	214	+	such public service company, holding company, person involved in the 160
	215	+	transportation of gas or licensee, may take or threaten to take any 161
	216	+	retaliatory action against an employee for the employee's disclosure of 162
	217	+	(1) any matter involving the substantial misfeasance, malfeasance or 163
	218	+	nonfeasance in the management of such public service company, 164
	219	+	holding company, person involved in the transportation of gas or 165
	220	+	licensee, or (2) information pursuant to section 31-51m. Any employee 166
	221	+	found to have knowingly made a false disclosure shall be subject to 167
	222	+	disciplinary action by the employee's employer, up to and including 168
	223	+	dismissal. 169
	224	+	(b) Any employee of such a public service company, holding 170
	225	+	company, person involved in the transportation of gas or licensee, or of 171
	226	+	any person, firm, corporation, contractor or subcontractor directly or 172
	227	+	indirectly providing goods or services to such a public service company, 173
	228	+	holding company, person involved in the transportation of gas or 174
	229	+	licensee, having knowledge of any of the following may transmit all 175
	230	+	facts and information in the employee's possession to the Public Utilities 176
	231	+	Regulatory Authority: (1) Any matter involving substantial 177
	232	+	misfeasance, malfeasance or nonfeasance in the management of such 178
	233	+	public service company, holding company, person involved in the 179 Raised Bill No. 94
273	234
274		-	with the provisions of section 16-8, as amended by this act, at which time
275		-	the employer shall have the opportunity to rebut the presumption. The
276		-	authority may issue orders, impose civil penalties, order payment of
277		-	back pay or award attorneys' fees in a manner that conforms with the
278		-	notice and hearing provisions in section 16-41, as amended by this act,
279		-	against a public service company, holding company, person involved in
280		-	the transportation of gas or licensee or a person, firm, corporation,
281		-	contractor or subcontractor directly or indirectly providing goods or
282		-	services to such public service company, holding company, person
283		-	involved in the transportation of gas or licensee, in order to enforce the
284		-	provisions of this section.
285		-	(e) If an employee or former employee of such a public service
286		-	company, holding company, person involved in the transportation of
287		-	gas or licensee, or of a person, firm, corporation, contractor or
288		-	subcontractor directly or indirectly providing goods or services to such
289		-	a public service company, holding company, person involved in the
290		-	transportation of gas or licensee, having knowledge of any matter
291		-	involving the substantial misfeasance, malfeasance or nonfeasance in
292		-	the management of such public service company, holding company,
293		-	person involved in the transportation of gas or licensee, enters into an
294		-	agreement with the employee's employer that contains a provision
295		-	directly or indirectly discouraging the employee from presenting a
296		-	written complaint or testimony concerning such misfeasance,
297		-	malfeasance or nonfeasance in any legislative, administrative or judicial
298		-	proceeding, such provision shall be void as against public policy.
299		-	(f) The Public Utilities Regulatory Authority shall adopt regulations,
300		-	in accordance with chapter 54, to carry out the provisions of this section.
301		-	Such regulations shall include the following: (1) The procedures by
302		-	which a complaint may be brought pursuant to subsection (a) of this
303		-	section; (2) the time period in which such a complaint may be brought;
304		-	(3) the time period by which the authority shall render a decision Senate Bill No. 94
305	235
306		-	Public Act No. 22-20 10 of 17
	236	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	237	+	R01-SB.docx }
	238	+	7 of 17
307	239
308		-	pursuant to subsection (d) of this section; (4) the form on which written
309		-	complaints shall be submitted to the authority by an employee pursuant
310		-	to subsection (c) of this section; and (5) the requirement that a notice be
311		-	posted in the workplace informing all employees of any public service
312		-	company, holding company, person involved in the transportation of
313		-	gas and licensee and of any person, firm, corporation, contractor or
314		-	subcontractor directly or indirectly providing goods or services to a
315		-	company or licensee, as defined in subsection (b) of this section, of their
316		-	rights under this section, including the right to be reinstated in
317		-	accordance with subsection (c) of this section.
318		-	Sec. 4. Section 16-11 of the general statutes is repealed and the
319		-	following is substituted in lieu thereof (Effective October 1, 2022):
320		-	The Public Utilities Regulatory Authority shall, so far as is
321		-	practicable, keep fully informed as to the condition of the plant,
322		-	equipment and manner of operation of all public service companies and
323		-	persons involved in the transportation of gas, as such terms are defined
324		-	in section 16-280a, in respect to their adequacy and suitability to
325		-	accomplish the duties imposed upon such companies by law and in
326		-	respect to their relation to the safety of the public and of the employees
327		-	of such companies or persons. The authority may order such reasonable
328		-	improvements, repairs or alterations in such plant or equipment, or such
329		-	changes in the manner of operation, as may be reasonably necessary in
330		-	the public interest. The general purposes of this section and sections 16-
331		-	19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full
332		-	powers to regulate its public service companies, to increase the powers
333		-	of the Public Utilities Regulatory Authority and to promote local control
334		-	of the public service companies of this state, and said sections shall be
335		-	so construed as to effectuate these purposes.
336		-	Sec. 5. Section 16-16 of the general statutes is repealed and the
337		-	following is substituted in lieu thereof (Effective October 1, 2022): Senate Bill No. 94
	240	+	transportation of gas or licensee; or (2) any matter involving retaliatory 180
	241	+	action or the threat of retaliatory action taken against an employee who 181
	242	+	has reported the misfeasance, malfeasance or nonfeasance, in the 182
	243	+	management of such public service company, holding company, person 183
	244	+	involved in the transportation of gas or licensee. With regard to any 184
	245	+	matter described in subdivision (1) of this subsection, the authority shall 185
	246	+	investigate such matter in accordance with the provisions of section 16-186
	247	+	8, as amended by this act, and shall not disclose the identity of such 187
	248	+	employee without the employee's consent unless it determines that such 188
	249	+	disclosure is unavoidable during the course of the investigation. With 189
	250	+	regard to any matter described in subdivision (2) of this subsection, the 190
	251	+	matter shall be handled in accordance with the procedures set forth in 191
	252	+	subsections (c) and (d) of this section. 192
	253	+	(c) (1) Not more than ninety business days after receipt of a written 193
	254	+	complaint, in a form prescribed by the authority, by an employee 194
	255	+	alleging the employee's employer has retaliated against an employee in 195
	256	+	violation of subsection (a) of this section, the authority shall make a 196
	257	+	preliminary finding in accordance with this subsection. 197
	258	+	(2) Not more than five business days after receiving a written 198
	259	+	complaint, in a form prescribed by the authority, the authority shall 199
	260	+	notify the employer by certified mail. Such notification shall include a 200
	261	+	description of the nature of the charges and the substance of any 201
	262	+	relevant supporting evidence. The employer may submit a written 202
	263	+	response and both the employer and the employee may present rebuttal 203
	264	+	statements in the form of affidavits from witnesses and supporting 204
	265	+	documents and may meet with the authority informally to respond 205
	266	+	verbally about the nature of the employee's charges. The authority shall 206
	267	+	consider in making its preliminary finding as provided in subdivision 207
	268	+	(3) of this subsection any such written and verbal responses, including 208
	269	+	affidavits and supporting documents, received by the authority not 209
	270	+	more than twenty business days after the employer receives such notice. 210
	271	+	Any such response received after twenty business days shall be 211
	272	+	considered by the authority only upon a showing of good cause and at 212 Raised Bill No. 94
338	273
339		-	Public Act No. 22-20 11 of 17
340	274
341		-	Each public service company, person involved in the transportation
342		-	of gas, as such terms are defined in section 16-280a, and electric supplier
343		-	subject to regulation by the Public Utilities Regulatory Authority shall,
344		-	in the event of any accident attended with personal injury or involving
345		-	public safety, which was or may have been connected with or due to the
346		-	operation of its [or his] property, or caused by contact with the wires of
347		-	any public service company or electric supplier, notify the authority
348		-	thereof, by telephone or otherwise, as soon as may be reasonably
349		-	possible after the occurrence of such accident, unless such accident is a
350		-	minor accident, as defined by regulations of the authority. Each such
351		-	person, company or electric supplier shall report such minor accidents
352		-	to the authority in writing, in summary form, once each month. If notice
353		-	of such accident, other than a minor accident, is given otherwise than in
354		-	writing, it shall be confirmed in writing within five days after the
355		-	occurrence of such accident. Any person, company or electric supplier
356		-	failing to comply with the provisions of this section shall be fined not
357		-	more than five hundred dollars for each offense.
358		-	Sec. 6. Section 16-41 of the general statutes is repealed and the
359		-	following is substituted in lieu thereof (Effective October 1, 2022):
360		-	(a) Each (1) public service company and its officers, agents and
361		-	employees, (2) electric supplier or person providing electric generation
362		-	services without a license in violation of section 16-245, and its officers,
363		-	agents and employees, (3) certified telecommunications provider or
364		-	person providing telecommunications services without authorization
365		-	pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents
366		-	and employees, (4) person, public agency or public utility, as such terms
367		-	are defined in section 16-345, subject to the requirements of chapter 293,
368		-	(5) person subject to the registration requirements under section 16-
369		-	258a, (6) cellular mobile telephone carrier, as described in section 16-
370		-	250b, (7) Connecticut electric efficiency partner, as defined in section 16-
371		-	243v, (8) company, as defined in section 16-49, [and] (9) entity approved Senate Bill No. 94
	275	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	276	+	R01-SB.docx }
	277	+	8 of 17
372	278
373		-	Public Act No. 22-20 12 of 17
	279	+	the discretion of the authority. The authority shall make its preliminary 213
	280	+	finding as provided in subdivision (3) of this subsection based on 214
	281	+	information described in this subdivision, without a public hearing. 215
	282	+	(3) Unless the authority finds by clear and convincing evidence that 216
	283	+	the adverse employment action was taken for a reason unconnected 217
	284	+	with the employee's report of substantial misfeasance, malfeasance or 218
	285	+	nonfeasance, there shall be a rebuttable presumption that an employee 219
	286	+	was retaliated against in violation of subsection (a) of this section if the 220
	287	+	authority finds that: (A) The employee had reported substantial 221
	288	+	misfeasance, malfeasance or nonfeasance in the management of the 222
	289	+	public service company, holding company, person involved in the 223
	290	+	transportation of gas or licensee; (B) the employee was subsequently 224
	291	+	discharged, suspended, demoted or otherwise penalized by having the 225
	292	+	employee's status of employment changed by the employee's employer; 226
	293	+	and (C) the subsequent discharge, suspension, demotion or other 227
	294	+	penalty followed the employee's report closely in time. 228
	295	+	(4) If such findings are made, the authority shall issue an order 229
	296	+	requiring the employer to immediately return the employee to the 230
	297	+	employee's previous position of employment or an equivalent position 231
	298	+	pending the completion of the authority's full investigatory proceeding 232
	299	+	pursuant to subsection (d) of this section. 233
	300	+	(d) Not later than thirty days after making a preliminary finding in 234
	301	+	accordance with the provisions of subsection (c) of this section, the 235
	302	+	authority shall initiate a full investigatory proceeding in accordance 236
	303	+	with the provisions of section 16-8, as amended by this act, at which time 237
	304	+	the employer shall have the opportunity to rebut the presumption. The 238
	305	+	authority may issue orders, impose civil penalties, order payment of 239
	306	+	back pay or award attorneys' fees in a manner that conforms with the 240
	307	+	notice and hearing provisions in section 16-41, as amended by this act, 241
	308	+	against a public service company, holding company, person involved in 242
	309	+	the transportation of gas or licensee or a person, firm, corporation, 243
	310	+	contractor or subcontractor directly or indirectly providing goods or 244
	311	+	services to such public service company, holding company, person 245 Raised Bill No. 94
374	312
375		-	to submeter pursuant to section 16-19ff, and (10) person involved in the
376		-	transportation of gas, as such terms are defined in section 16-280a, shall
377		-	obey, observe and comply with all applicable provisions of this title and
378		-	each applicable order made or applicable regulations adopted by the
379		-	Public Utilities Regulatory Authority by virtue of this title as long as the
380		-	same remains in force. Any such company, electric supplier, certified
381		-	telecommunications provider, cellular mobile telephone carrier,
382		-	Connecticut electric efficiency partner, entity approved to submeter,
383		-	person, any officer, agent or employee thereof, public agency or public
384		-	utility which the authority finds has failed to obey or comply with any
385		-	such provision of this title, order or regulation shall be fined, ordered to
386		-	pay restitution to customers or ordered to pay a combination of a fine
387		-	and restitution by order of the authority in accordance with the penalty
388		-	prescribed for the violated provision of this title or, if no penalty is
389		-	prescribed, not more than ten thousand dollars for each offense, except
390		-	that the penalty shall be a fine, restitution to customers or a combination
391		-	of a fine and restitution of not more than forty thousand dollars for
392		-	failure to comply with an order of the authority made in accordance
393		-	with the provisions of section 16-19 or 16-247k or within thirty days of
394		-	such order or within any specific time period for compliance specified
395		-	in such order. The authority may direct a portion of any fine levied
396		-	pursuant to this section to be paid to a nonprofit agency engaged in
397		-	energy assistance programs named by the authority in its decision or
398		-	notice of violation. Each distinct violation of any such provision of this
399		-	title, order or regulation shall be a separate offense and, in case of a
400		-	continued violation, each day thereof shall be deemed a separate
401		-	offense. Each such penalty and any interest charged pursuant to
402		-	subsection (g) or (h) of section 16-49 shall be excluded from operating
403		-	expenses for purposes of rate-making.
404		-	(b) Any regional water authority, any regional water district, any
405		-	municipal gas or electric plant established under chapter 101, any
406		-	municipal waterworks system established under chapter 102, or any Senate Bill No. 94
407	313
408		-	Public Act No. 22-20 13 of 17
	314	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	315	+	R01-SB.docx }
	316	+	9 of 17
409	317
410		-	other municipality or department thereof owning, leasing, operating or
411		-	managing a plant for the supplying or furnishing of any public utility,
412		-	which the Public Utilities Regulatory Authority finds has failed to
413		-	comply with the procedures of section 16-29, shall be subject to a civil
414		-	penalty of not more than five thousand dollars for any annual report
415		-	which is not submitted or submitted late in violation of said section.
416		-	(c) If the authority has reason to believe that a violation has occurred
417		-	for which a civil penalty is authorized by subsection (a) or (b) of this
418		-	section, it shall notify the alleged violator by certified mail, return
419		-	receipt requested, or by personal service. The notice shall include:
420		-	(1) A reference to the sections of the title, regulation or order
421		-	involved;
422		-	(2) A short and plain statement of the matter asserted or charged;
423		-	(3) A statement of the prescribed civil penalty for the violation; and
424		-	(4) A statement of the person's right to a hearing.
425		-	(d) The person to whom the notice is addressed shall have twenty
426		-	days from the date of receipt of the notice in which to deliver to the
427		-	authority a written application for a hearing. If a hearing is requested,
428		-	then, after a hearing and upon a finding that a violation has occurred,
429		-	the authority may issue a final order assessing a civil penalty under this
430		-	section which shall not be greater than the maximum penalty [stated in
431		-	the notice] permitted by law. If a hearing is not requested, or if such a
432		-	request is later withdrawn, then the notice shall, on the first day after
433		-	the expiration of the twenty-day period or on the first day after the
434		-	withdrawal of the request for hearing, whichever is later, become a final
435		-	order of the authority and the matters asserted or charged in the notice
436		-	shall be deemed admitted, unless the notice is modified by a consent
437		-	order before it becomes a final order. A consent order shall be deemed
438		-	a final order. Senate Bill No. 94
	318	+	involved in the transportation of gas or licensee, in order to enforce the 246
	319	+	provisions of this section. 247
	320	+	(e) If an employee or former employee of such a public service 248
	321	+	company, holding company, person involved in the transportation of 249
	322	+	gas or licensee, or of a person, firm, corporation, contractor or 250
	323	+	subcontractor directly or indirectly providing goods or services to such 251
	324	+	a public service company, holding company, person involved in the 252
	325	+	transportation of gas or licensee, having knowledge of any matter 253
	326	+	involving the substantial misfeasance, malfeasance or nonfeasance in 254
	327	+	the management of such public service company, holding company, 255
	328	+	person involved in the transportation of gas or licensee, enters into an 256
	329	+	agreement with the employee's employer that contains a provision 257
	330	+	directly or indirectly discouraging the employee from presenting a 258
	331	+	written complaint or testimony concerning such misfeasance, 259
	332	+	malfeasance or nonfeasance in any legislative, administrative or judicial 260
	333	+	proceeding, such provision shall be void as against public policy. 261
	334	+	(f) The Public Utilities Regulatory Authority shall adopt regulations, 262
	335	+	in accordance with chapter 54, to carry out the provisions of this section. 263
	336	+	Such regulations shall include the following: (1) The procedures by 264
	337	+	which a complaint may be brought pursuant to subsection (a) of this 265
	338	+	section; (2) the time period in which such a complaint may be brought; 266
	339	+	(3) the time period by which the authority shall render a decision 267
	340	+	pursuant to subsection (d) of this section; (4) the form on which written 268
	341	+	complaints shall be submitted to the authority by an employee pursuant 269
	342	+	to subsection (c) of this section; and (5) the requirement that a notice be 270
	343	+	posted in the workplace informing all employees of any public service 271
	344	+	company, holding company, person involved in the transportation of 272
	345	+	gas and licensee and of any person, firm, corporation, contractor or 273
	346	+	subcontractor directly or indirectly providing goods or services to a 274
	347	+	company or licensee, as defined in subsection (b) of this section, of their 275
	348	+	rights under this section, including the right to be reinstated in 276
	349	+	accordance with subsection (c) of this section. 277
	350	+	Sec. 4. Section 16-11 of the general statutes is repealed and the 278 Raised Bill No. 94
439	351
440		-	Public Act No. 22-20 14 of 17
441	352
442		-	(e) All hearings under this section shall be conducted under sections
443		-	4-176e to 4-184, inclusive. The final order of the authority assessing a
444		-	civil penalty shall be subject to appeal under section 4-183. No challenge
445		-	to any final order of the authority assessing a civil penalty shall be
446		-	allowed as to any issue which could have been raised by an appeal of
447		-	an earlier order of the authority. Any civil penalty authorized by this
448		-	section shall become due and payable (1) at the time of receipt of a final
449		-	order in the case of a civil penalty assessed in such order after a hearing,
450		-	(2) on the first day after the expiration of the period in which a hearing
451		-	may be requested if no hearing is requested, or (3) on the first day after
452		-	the withdrawal of a request for hearing.
453		-	(f) A civil penalty assessed in a final order of the authority under this
454		-	section may be enforced in the same manner as a judgment of the
455		-	Superior Court. The final order shall be delivered to the respondent by
456		-	personal service or by certified mail, return receipt requested. After
457		-	entry of such final order, the authority may file a transcript without the
458		-	payment of costs, in the office of the clerk of the superior court in the
459		-	judicial district in which the respondent resides, has a place of business,
460		-	owns real property, or in which any real property which is the subject
461		-	of the proceedings is located or, if the respondent is not a resident of the
462		-	state of Connecticut, in the judicial district of Hartford. Upon the filing,
463		-	the clerk shall docket the order in the same manner and with the same
464		-	effect as a judgment entered in the superior court within the judicial
465		-	district. Upon the docketing, the order may be enforced as a judgment
466		-	of the court.
467		-	Sec. 7. Subsection (c) of section 16-280b of the general statutes is
468		-	repealed and the following is substituted in lieu thereof (Effective October
469		-	1, 2022):
470		-	(c) The authority may issue a waiver of any federal safety standards
471		-	or any regulations adopted by the authority pursuant to subsection (b)
472		-	of this section in individual cases where warranted by local Senate Bill No. 94
	353	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	354	+	R01-SB.docx }
	355	+	10 of 17
473	356
474		-	Public Act No. 22-20 15 of 17
	357	+	following is substituted in lieu thereof (Effective October 1, 2022): 279
	358	+	The Public Utilities Regulatory Authority shall, so far as is 280
	359	+	practicable, keep fully informed as to the condition of the plant, 281
	360	+	equipment and manner of operation of all public service companies and 282
	361	+	persons involved in the transportation of gas, as such terms are defined 283
	362	+	in section 16-280a, in respect to their adequacy and suitability to 284
	363	+	accomplish the duties imposed upon such companies by law and in 285
	364	+	respect to their relation to the safety of the public and of the employees 286
	365	+	of such companies or persons. The authority may order such reasonable 287
	366	+	improvements, repairs or alterations in such plant or equipment, or such 288
	367	+	changes in the manner of operation, as may be reasonably necessary in 289
	368	+	the public interest. The general purposes of this section and sections 16-290
	369	+	19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full 291
	370	+	powers to regulate its public service companies, to increase the powers 292
	371	+	of the Public Utilities Regulatory Authority and to promote local control 293
	372	+	of the public service companies of this state, and said sections shall be 294
	373	+	so construed as to effectuate these purposes. 295
	374	+	Sec. 5. Section 16-16 of the general statutes is repealed and the 296
	375	+	following is substituted in lieu thereof (Effective October 1, 2022): 297
	376	+	Each public service company, person involved in the transportation 298
	377	+	of gas, as such terms are defined in section 16-280a, and electric supplier 299
	378	+	subject to regulation by the Public Utilities Regulatory Authority shall, 300
	379	+	in the event of any accident attended with personal injury or involving 301
	380	+	public safety, which was or may have been connected with or due to the 302
	381	+	operation of its [or his] property, or caused by contact with the wires of 303
	382	+	any public service company or electric supplier, notify the authority 304
	383	+	thereof, by telephone or otherwise, as soon as may be reasonably 305
	384	+	possible after the occurrence of such accident, unless such accident is a 306
	385	+	minor accident, as defined by regulations of the authority. Each such 307
	386	+	person, company or electric supplier shall report such minor accidents 308
	387	+	to the authority in writing, in summary form, once each month. If notice 309
	388	+	of such accident, other than a minor accident, is given otherwise than in 310
	389	+	writing, it shall be confirmed in writing within five days after the 311 Raised Bill No. 94
475	390
476		-	circumstances or conditions, consistent with public safety and
477		-	authorized under the federal act.
478		-	Sec. 8. Section 16-280c of the general statutes is repealed and the
479		-	following is substituted in lieu thereof (Effective October 1, 2022):
480		-	[Each] The federal safety [standard] standards applicable to [pipeline
481		-	facilities and] the transportation of gas established under the provisions
482		-	of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and
483		-	49 CFR 199, as the same are, from time to time, made effective, or any
484		-	regulation adopted by the authority pursuant to subsection (b) or (c) of
485		-	section 16-280b, as amended by this act, shall be the standards of the
486		-	state.
487		-	Sec. 9. Subsection (a) of section 16-280e of the general statutes is
488		-	repealed and the following is substituted in lieu thereof (Effective October
489		-	1, 2022):
490		-	(a) Any person that violates any provision of the federal act, any
491		-	regulation issued under the federal act, any provision of this chapter or
492		-	any regulation adopted by the authority pursuant to subsection (b) or
493		-	(c) of section 16-280b, as amended by this act, shall be subject to a civil
494		-	penalty not to exceed the higher of the maximum civil penalty provided
495		-	under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended
496		-	from time to time.
497		-	Sec. 10. (NEW) (Effective October 1, 2022) The utility commissioners,
498		-	as defined in section 16-1 of the general statutes, or their designees, shall
499		-	have the authority to cause any work performed by any person involved
500		-	in the transportation of gas, as such terms are defined in section 16-280a
501		-	of the general statutes, to cease immediately if said work may endanger
502		-	any person.
503		-	Sec. 11. Section 16-354 of the general statutes is repealed and the
504		-	following is substituted in lieu thereof (Effective October 1, 2022): Senate Bill No. 94
505	391
506		-	Public Act No. 22-20 16 of 17
	392	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	393	+	R01-SB.docx }
	394	+	11 of 17
507	395
508		-	A person, public agency or public utility responsible for excavating,
509		-	discharging explosives or demolition shall exercise reasonable care
510		-	when working in proximity to the underground facilities of any public
511		-	utility and shall comply with such safety standards and other
512		-	requirements as the authority shall prescribe by regulations adopted
513		-	pursuant to section 16-357. If the facilities are likely to be exposed, such
514		-	support shall be provided as may be reasonably necessary for protection
515		-	of the facilities. If excavation is within the approximate location of
516		-	facilities containing combustible or hazardous fluids or gases, only hand
517		-	digging or soft digging shall be employed. As used in this section, "soft
518		-	digging" means a nonmechanical and nondestructive process used to
519		-	excavate and evacuate soils at a controlled rate, using high pressure
520		-	water or air jet to break up the soil, often in conjunction with a high
521		-	power vacuum unit to extract the soil without damaging the facilities.
522		-	In the event that an immediate life-threatening hazard resulting from a
523		-	wilful violation of this chapter, or of such regulations adopted pursuant
524		-	to section 16-357, is identified, the utility commissioners, as defined in
525		-	section 16-1, or their designees, shall immediately notify the person,
526		-	public agency or public utility responsible for excavating, discharging
527		-	explosives or demolition of said hazard and violation. Upon receipt of
528		-	such notification, the person, public agency or public utility responsible
529		-	for excavating, discharging explosives or demolition shall promptly
530		-	abate said hazard and violation. In the event that said hazard and
531		-	violation is not abated in a reasonable time frame, the utility
532		-	commissioners, or their designees, shall have the authority to cause the
533		-	excavation, discharge of explosives or demolition to cease immediately
534		-	until said hazard and violation have been abated.
535		-	Sec. 12. Subdivision (1) of subsection (a) of section 8-31c of the general
536		-	statutes is repealed and the following is substituted in lieu thereof
537		-	(Effective October 1, 2022):
538		-	(a) (1) Wherever the term "regional planning agency" is used in the Senate Bill No. 94
	396	+	occurrence of such accident. Any person, company or electric supplier 312
	397	+	failing to comply with the provisions of this section shall be fined not 313
	398	+	more than five hundred dollars for each offense. 314
	399	+	Sec. 6. Section 16-41 of the general statutes is repealed and the 315
	400	+	following is substituted in lieu thereof (Effective October 1, 2022): 316
	401	+	(a) Each (1) public service company and its officers, agents and 317
	402	+	employees, (2) electric supplier or person providing electric generation 318
	403	+	services without a license in violation of section 16-245, and its officers, 319
	404	+	agents and employees, (3) certified telecommunications provider or 320
	405	+	person providing telecommunications services without authorization 321
	406	+	pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents 322
	407	+	and employees, (4) person, public agency or public utility, as such terms 323
	408	+	are defined in section 16-345, subject to the requirements of chapter 293, 324
	409	+	(5) person subject to the registration requirements under section 16-325
	410	+	258a, (6) cellular mobile telephone carrier, as described in section 16-326
	411	+	250b, (7) Connecticut electric efficiency partner, as defined in section 16-327
	412	+	243v, (8) company, as defined in section 16-49, [and] (9) entity approved 328
	413	+	to submeter pursuant to section 16-19ff, and (10) person involved in the 329
	414	+	transportation of gas, as such terms are defined in section 16-280a, shall 330
	415	+	obey, observe and comply with all applicable provisions of this title and 331
	416	+	each applicable order made or applicable regulations adopted by the 332
	417	+	Public Utilities Regulatory Authority by virtue of this title as long as the 333
	418	+	same remains in force. Any such company, electric supplier, certified 334
	419	+	telecommunications provider, cellular mobile telephone carrier, 335
	420	+	Connecticut electric efficiency partner, entity approved to submeter, 336
	421	+	person, any officer, agent or employee thereof, public agency or public 337
	422	+	utility which the authority finds has failed to obey or comply with any 338
	423	+	such provision of this title, order or regulation shall be fined, ordered to 339
	424	+	pay restitution to customers or ordered to pay a combination of a fine 340
	425	+	and restitution by order of the authority in accordance with the penalty 341
	426	+	prescribed for the violated provision of this title or, if no penalty is 342
	427	+	prescribed, not more than ten thousand dollars for each offense, except 343
	428	+	that the penalty shall be a fine, restitution to customers or a combination 344 Raised Bill No. 94
539	429
540		-	Public Act No. 22-20 17 of 17
541	430
542		-	following general statutes, the term "regional council of governments"
543		-	shall be substituted in lieu thereof; and (2) wherever the term "regional
544		-	planning agencies" is used in the following general statutes, the term
545		-	"regional councils of governments" shall be substituted in lieu thereof:
546		-	8-35b, 8-35c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f,
547		-	16-50l, [16-358,] 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a-
548		-	207, 22a-352, 23-8, 25-33e to 25-33h, inclusive, 25-68d, 25-102qq and 25-
549		-	233.
550		-	Sec. 13. Sections 16-358 and 16-359 of the general statutes are
551		-	repealed. (Effective October 1, 2022)
	431	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	432	+	R01-SB.docx }
	433	+	12 of 17
	434	+
	435	+	of a fine and restitution of not more than forty thousand dollars for 345
	436	+	failure to comply with an order of the authority made in accordance 346
	437	+	with the provisions of section 16-19 or 16-247k or within thirty days of 347
	438	+	such order or within any specific time period for compliance specified 348
	439	+	in such order. The authority may direct a portion of any fine levied 349
	440	+	pursuant to this section to be paid to a nonprofit agency engaged in 350
	441	+	energy assistance programs named by the authority in its decision or 351
	442	+	notice of violation. Each distinct violation of any such provision of this 352
	443	+	title, order or regulation shall be a separate offense and, in case of a 353
	444	+	continued violation, each day thereof shall be deemed a separate 354
	445	+	offense. Each such penalty and any interest charged pursuant to 355
	446	+	subsection (g) or (h) of section 16-49 shall be excluded from operating 356
	447	+	expenses for purposes of rate-making. 357
	448	+	(b) Any regional water authority, any regional water district, any 358
	449	+	municipal gas or electric plant established under chapter 101, any 359
	450	+	municipal waterworks system established under chapter 102, or any 360
	451	+	other municipality or department thereof owning, leasing, operating or 361
	452	+	managing a plant for the supplying or furnishing of any public utility, 362
	453	+	which the Public Utilities Regulatory Authority finds has failed to 363
	454	+	comply with the procedures of section 16-29, shall be subject to a civil 364
	455	+	penalty of not more than five thousand dollars for any annual report 365
	456	+	which is not submitted or submitted late in violation of said section. 366
	457	+	(c) If the authority has reason to believe that a violation has occurred 367
	458	+	for which a civil penalty is authorized by subsection (a) or (b) of this 368
	459	+	section, it shall notify the alleged violator by certified mail, return 369
	460	+	receipt requested, or by personal service. The notice shall include: 370
	461	+	(1) A reference to the sections of the title, regulation or order 371
	462	+	involved; 372
	463	+	(2) A short and plain statement of the matter asserted or charged; 373
	464	+	(3) A statement of the prescribed civil penalty for the violation; and 374
	465	+	(4) A statement of the person's right to a hearing. 375 Raised Bill No. 94
	466	+
	467	+
	468	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	469	+	R01-SB.docx }
	470	+	13 of 17
	471	+
	472	+	(d) The person to whom the notice is addressed shall have twenty 376
	473	+	days from the date of receipt of the notice in which to deliver to the 377
	474	+	authority a written application for a hearing. If a hearing is requested, 378
	475	+	then, after a hearing and upon a finding that a violation has occurred, 379
	476	+	the authority may issue a final order assessing a civil penalty under this 380
	477	+	section which shall not be greater than the maximum penalty [stated in 381
	478	+	the notice] permitted by law. If a hearing is not requested, or if such a 382
	479	+	request is later withdrawn, then the notice shall, on the first day after 383
	480	+	the expiration of the twenty-day period or on the first day after the 384
	481	+	withdrawal of the request for hearing, whichever is later, become a final 385
	482	+	order of the authority and the matters asserted or charged in the notice 386
	483	+	shall be deemed admitted, unless the notice is modified by a consent 387
	484	+	order before it becomes a final order. A consent order shall be deemed 388
	485	+	a final order. 389
	486	+	(e) All hearings under this section shall be conducted under sections 390
	487	+	4-176e to 4-184, inclusive. The final order of the authority assessing a 391
	488	+	civil penalty shall be subject to appeal under section 4-183. No challenge 392
	489	+	to any final order of the authority assessing a civil penalty shall be 393
	490	+	allowed as to any issue which could have been raised by an appeal of 394
	491	+	an earlier order of the authority. Any civil penalty authorized by this 395
	492	+	section shall become due and payable (1) at the time of receipt of a final 396
	493	+	order in the case of a civil penalty assessed in such order after a hearing, 397
	494	+	(2) on the first day after the expiration of the period in which a hearing 398
	495	+	may be requested if no hearing is requested, or (3) on the first day after 399
	496	+	the withdrawal of a request for hearing. 400
	497	+	(f) A civil penalty assessed in a final order of the authority under this 401
	498	+	section may be enforced in the same manner as a judgment of the 402
	499	+	Superior Court. The final order shall be delivered to the respondent by 403
	500	+	personal service or by certified mail, return receipt requested. After 404
	501	+	entry of such final order, the authority may file a transcript without the 405
	502	+	payment of costs, in the office of the clerk of the superior court in the 406
	503	+	judicial district in which the respondent resides, has a place of business, 407
	504	+	owns real property, or in which any real property which is the subject 408 Raised Bill No. 94
	505	+
	506	+
	507	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	508	+	R01-SB.docx }
	509	+	14 of 17
	510	+
	511	+	of the proceedings is located or, if the respondent is not a resident of the 409
	512	+	state of Connecticut, in the judicial district of Hartford. Upon the filing, 410
	513	+	the clerk shall docket the order in the same manner and with the same 411
	514	+	effect as a judgment entered in the superior court within the judicial 412
	515	+	district. Upon the docketing, the order may be enforced as a judgment 413
	516	+	of the court. 414
	517	+	Sec. 7. Subsection (c) of section 16-280b of the general statutes is 415
	518	+	repealed and the following is substituted in lieu thereof (Effective October 416
	519	+	1, 2022): 417
	520	+	(c) The authority may issue a waiver of any federal safety standards 418
	521	+	or any regulations adopted by the authority pursuant to subsection (b) 419
	522	+	of this section in individual cases where warranted by local 420
	523	+	circumstances or conditions, consistent with public safety and 421
	524	+	authorized under the federal act. 422
	525	+	Sec. 8. Section 16-280c of the general statutes is repealed and the 423
	526	+	following is substituted in lieu thereof (Effective October 1, 2022): 424
	527	+	[Each] The federal safety [standard] standards applicable to [pipeline 425
	528	+	facilities and] the transportation of gas established under the provisions 426
	529	+	of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and 427
	530	+	49 CFR 199, as the same are, from time to time, made effective, or any 428
	531	+	regulation adopted by the authority pursuant to subsection (b) or (c) of 429
	532	+	section 16-280b, as amended by this act, shall be the standards of the 430
	533	+	state. 431
	534	+	Sec. 9. Subsection (a) of section 16-280e of the general statutes is 432
	535	+	repealed and the following is substituted in lieu thereof (Effective October 433
	536	+	1, 2022): 434
	537	+	(a) Any person that violates any provision of the federal act, any 435
	538	+	regulation issued under the federal act, any provision of this chapter or 436
	539	+	any regulation adopted by the authority pursuant to subsection (b) or 437
	540	+	(c) of section 16-280b, as amended by this act, shall be subject to a civil 438
	541	+	penalty not to exceed the higher of the maximum civil penalty provided 439 Raised Bill No. 94
	542	+
	543	+
	544	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	545	+	R01-SB.docx }
	546	+	15 of 17
	547	+
	548	+	under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended 440
	549	+	from time to time. 441
	550	+	Sec. 10. (NEW) (Effective October 1, 2022) The utility commissioners, 442
	551	+	as defined in section 16-1 of the general statutes, or their designees, shall 443
	552	+	have the authority to cause any work performed by any person involved 444
	553	+	in the transportation of gas, as such terms are defined in section 16-280a 445
	554	+	of the general statutes, to cease immediately if said work may endanger 446
	555	+	any person. 447
	556	+	Sec. 11. Section 16-354 of the general statutes is repealed and the 448
	557	+	following is substituted in lieu thereof (Effective October 1, 2022): 449
	558	+	A person, public agency or public utility responsible for excavating, 450
	559	+	discharging explosives or demolition shall exercise reasonable care 451
	560	+	when working in proximity to the underground facilities of any public 452
	561	+	utility and shall comply with such safety standards and other 453
	562	+	requirements as the authority shall prescribe by regulations adopted 454
	563	+	pursuant to section 16-357. If the facilities are likely to be exposed, such 455
	564	+	support shall be provided as may be reasonably necessary for protection 456
	565	+	of the facilities. If excavation is within the approximate location of 457
	566	+	facilities containing combustible or hazardous fluids or gases, only hand 458
	567	+	digging or soft digging shall be employed. As used in this section, "soft 459
	568	+	digging" means a nonmechanical and nondestructive process used to 460
	569	+	excavate and evacuate soils at a controlled rate, using high pressure 461
	570	+	water or air jet to break up the soil, often in conjunction with a high 462
	571	+	power vacuum unit to extract the soil without damaging the facilities. 463
	572	+	In the event that an immediate life-threatening hazard resulting from a 464
	573	+	wilful violation of this chapter, or of such regulations adopted pursuant 465
	574	+	to section 16-357, is identified, the utility commissioners, as defined in 466
	575	+	section 16-1, or their designees, shall immediately notify the person, 467
	576	+	public agency or public utility responsible for excavating, discharging 468
	577	+	explosives or demolition of said hazard and violation. Upon receipt of 469
	578	+	such notification, the person, public agency or public utility responsible 470
	579	+	for excavating, discharging explosives or demolition shall promptly 471
	580	+	abate said hazard and violation. In the event that said hazard and 472 Raised Bill No. 94
	581	+
	582	+
	583	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	584	+	R01-SB.docx }
	585	+	16 of 17
	586	+
	587	+	violation is not abated in a reasonable time frame, the utility 473
	588	+	commissioners, or their designees, shall have the authority to cause the 474
	589	+	excavation, discharge of explosives or demolition to cease immediately 475
	590	+	until said hazard and violation have been abated. 476
	591	+	Sec. 12. Subdivision (1) of subsection (a) of section 8-31c of the general 477
	592	+	statutes is repealed and the following is substituted in lieu thereof 478
	593	+	(Effective October 1, 2022): 479
	594	+	(a) (1) Wherever the term "regional planning agency" is used in the 480
	595	+	following general statutes, the term "regional council of governments" 481
	596	+	shall be substituted in lieu thereof; and (2) wherever the term "regional 482
	597	+	planning agencies" is used in the following general statutes, the term 483
	598	+	"regional councils of governments" shall be substituted in lieu thereof: 484
	599	+	8-35b, 8-35c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f, 485
	600	+	16-50l, [16-358,] 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a-486
	601	+	207, 22a-352, 23-8, 25-33e to 25-33h, inclusive, 25-68d, 25-102qq and 25-487
	602	+	233. 488
	603	+	Sec. 13. Sections 16-358 and 16-359 of the general statutes are 489
	604	+	repealed. (Effective October 1, 2022) 490
	605	+	This act shall take effect as follows and shall amend the following
	606	+	sections:
	607	+
	608	+	Section 1 October 1, 2022 16-7
	609	+	Sec. 2 October 1, 2022 16-8
	610	+	Sec. 3 October 1, 2022 16-8a
	611	+	Sec. 4 October 1, 2022 16-11
	612	+	Sec. 5 October 1, 2022 16-16
	613	+	Sec. 6 October 1, 2022 16-41
	614	+	Sec. 7 October 1, 2022 16-280b(c)
	615	+	Sec. 8 October 1, 2022 16-280c
	616	+	Sec. 9 October 1, 2022 16-280e(a)
	617	+	Sec. 10 October 1, 2022 New section
	618	+	Sec. 11 October 1, 2022 16-354
	619	+	Sec. 12 October 1, 2022 8-31c(a)(1)
	620	+	Sec. 13 October 1, 2022 Repealer section Raised Bill No. 94
	621	+
	622	+
	623	+	LCO 1159 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00094-
	624	+	R01-SB.docx }
	625	+	17 of 17
	626	+
	627	+
	628	+	ET Joint Favorable
552	629