Connecticut 2022 Regular Session

Connecticut Senate Bill SB00094 Latest Draft

Bill / Chaptered Version Filed 05/04/2022

                             
 
 
Senate Bill No. 94 
 
Public Act No. 22-20 
 
 
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 Section 16-7 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022): 
The utility commissioners of the Public Utilities Regulatory 
Authority, or their designees, while engaged in the performance of their 
duties may, at all reasonable times, enter any premises, buildings, cars, 
plants or other places belonging to or controlled by any public service 
company, [or] electric supplier or person involved in the transportation 
of gas, as such terms are defined in section 16-280a, and any person 
obstructing or in any way causing to be obstructed or hindered any 
utility commissioner of the Public Utilities Regulatory Authority or 
employee of the Public Utilities Regulatory Authority in the 
performance of his or her duties shall be fined not more than [two 
hundred] ten thousand dollars or imprisoned not more than six months, 
or both. 
Sec. 2. Section 16-8 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022): 
(a) The Public Utilities Regulatory Authority may, in its discretion,  Senate Bill No. 94 
 
Public Act No. 22-20 	2 of 17 
 
delegate its powers, in specific cases, to one or more of its directors or to 
a hearing officer to ascertain the facts and report thereon to the 
authority. The authority, or any director thereof, in the performance of 
its duties or in connection with any hearing, or at the request of any 
person, corporation, company, town, borough or association, may 
summon and examine, under oath, such witnesses, and may direct the 
production of, and examine or cause to be produced and examined, such 
books, records, vouchers, memoranda, documents, letters, contracts or 
other papers in relation to the affairs of any public service company or 
person involved in the transportation of gas, as such terms are defined 
in section 16-280a, as it may find advisable, and shall have the same 
powers in reference thereto as are vested in magistrates taking 
depositions. If any witness objects to testifying or to producing any book 
or paper on the ground that such testimony, book or paper may tend to 
incriminate him, and the authority directs such witness to testify or to 
produce such book or paper, and he complies, or if he is compelled so 
to do by order of court, he shall not be prosecuted for any matter 
concerning which he or she has so testified. The fees of witnesses 
summoned by the authority to appear before it under the provisions of 
this section, and the fees for summoning witnesses shall be the same as 
in the Superior Court. All such fees, together with any other expenses 
authorized by statute, the method of payment of which is not otherwise 
provided, shall, when taxed by the authority, be paid by the state, 
through the business office of the authority, in the same manner as court 
expenses. The authority may designate in specific cases a hearing officer 
who may be a member of its technical staff or a member of the 
Connecticut Bar engaged for that purpose under a contract approved by 
the Secretary of the Office of Policy and Management to hold a hearing 
and make report thereon to the authority. A hearing officer so 
designated shall have the same powers as the authority, or any director 
thereof, to conduct a hearing, except that only a director of the authority 
shall have the power to grant immunity from prosecution to any witness 
who objects to testifying or to producing any book or paper on the  Senate Bill No. 94 
 
Public Act No. 22-20 	3 of 17 
 
ground that such testimony, book or paper may tend to incriminate him 
or her. 
(b) (1) The authority may employ professional personnel to perform 
management audits. The authority shall promptly establish such 
procedures as it deems necessary or desirable to provide for 
management audits to be performed on a regular or irregular schedule 
on all or any portion of the operating procedures and any other internal 
workings of any public service company or person involved in the 
transportation of gas, as such terms are defined in section 16-280a, 
including the relationship between any public service company or 
person involved in the transportation of gas, as such terms are defined 
in section 16-280a, and a related holding company or subsidiary, 
consistent with the provisions of section 16-8c, provided no such audit 
shall be performed on a community antenna television company, except 
with regard to any noncable communications services which the 
company may provide, or when (A) such an audit is necessary for the 
authority to perform its regulatory functions under the 
Communications Act of 1934, 47 USC 151, et seq., as amended from time 
to time, other federal law or state law, (B) the cost of such an audit is 
warranted by a reasonably foreseeable financial, safety or service benefit 
to subscribers of the company which is the subject of such an audit, and 
(C) such an audit is restricted to examination of the operating 
procedures that affect operations within the state. 
(2) In any case where the authority determines that an audit is 
necessary or desirable, it may (A) order the audit to be performed by 
one of the management audit teams, (B) require the affected company 
or person to perform the audit utilizing the company's own internal 
management audit staff as supervised by designated members of the 
authority's staff or the person's own internal management audit staff as 
supervised by designated members of the authority's staff, or (C) 
require that the audit be performed under the supervision of designated  Senate Bill No. 94 
 
Public Act No. 22-20 	4 of 17 
 
members of the authority's staff by an independent management 
consulting firm selected by the authority, in consultation with the 
affected company or person. If the affected company or person has more 
than seventy-five thousand customers, such independent management 
consulting firm shall be of nationally recognized stature. All reasonable 
and proper expenses of the audits, including, but not limited to, the costs 
associated with the audit firm's testimony at a public hearing or other 
proceeding, shall be borne by the affected companies or persons and 
shall be paid by such companies or persons at such times and in such 
manner as the authority directs. 
(3) For purposes of this section, a complete audit shall consist of (A) 
a diagnostic review of all functions of the audited company or person, 
which shall include, but not be limited to, documentation of the 
operations of the company or person, assessment of the company's 
system of internal controls or assessment of the person's system of 
internal controls, and identification of any areas of the company or 
person which may require subsequent audits, and (B) the performance 
of subsequent focused audits identified in the diagnostic review and 
determined necessary by the authority. All audits performed pursuant 
to this section shall be performed in accordance with generally accepted 
management audit standards. The authority shall adopt regulations in 
accordance with the provisions of chapter 54 setting forth such generally 
accepted management audit standards. Each audit of a community 
antenna television company shall be consistent with the provisions of 
the Communications Act of 1934, 47 USC 151, et seq., as amended from 
time to time, and of any other applicable federal law. The authority shall 
certify whether a portion of an audit conforms to the provisions of this 
section and constitutes a portion of a complete audit. 
(4) A complete audit of each portion of each gas company or electric 
distribution company having more than seventy-five thousand 
customers shall begin no less frequently than every six years, so that a  Senate Bill No. 94 
 
Public Act No. 22-20 	5 of 17 
 
complete audit of such a company's operations shall be performed every 
six years. Such an audit of each such company having more than 
seventy-five thousand customers shall be updated as required by the 
authority.  
(5) The results of an audit performed pursuant to this section shall be 
filed with the authority and shall be open to public inspection. Upon 
completion and review of the audit, if the person or firm performing or 
supervising the audit determines that any of the operating procedures 
or any other internal workings of the affected public service company 
or person involved in the transportation of gas, as such terms are 
defined in section 16-280a, are inefficient, improvident, unreasonable, 
negligent or in abuse of discretion, the authority may, after notice and 
opportunity for a hearing, order the affected public service company or 
person involved in the transportation of gas, as such terms are defined 
in section 16-280a, to adopt such new or altered practices and 
procedures as the authority shall find necessary to promote efficient and 
adequate service to meet the public convenience and necessity. The 
authority shall annually submit a report of audits performed pursuant 
to this section to the joint standing committee of the General Assembly 
having cognizance of matters relating to public utilities which report 
shall include the status of audits begun but not yet completed and a 
summary of the results of audits completed. Any such report may be 
submitted electronically. 
(6) All reasonable and proper costs and expenses, as determined by 
the authority, of complying with any order of the authority pursuant to 
this subsection shall be recognized by the authority for all purposes as 
proper business expenses of the affected company or person. 
(7) After notice and hearing, the authority may modify the scope and 
schedule of a management audit of a telephone company which is 
subject to an alternative form of regulation so that such audit is 
consistent with that alternative form of regulation.  Senate Bill No. 94 
 
Public Act No. 22-20 	6 of 17 
 
(c) Nothing in this section shall be deemed to interfere or conflict with 
any powers of the authority or its staff provided elsewhere in the 
general statutes, including, but not limited to, the provisions of this 
section and sections 16-7, as amended by this act, 16-28 and 16-32, to 
conduct an audit, investigation or review of the books, records, [plant] 
plants and equipment of any regulated public service company or 
person involved in the transportation of gas, as such terms are defined 
in section 16-280a. 
Sec. 3. Section 16-8a of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022): 
(a) No public service company, as defined in section 16-1, holding 
company, as defined in section 16-47, person involved in the 
transportation of gas, as such terms are defined in section 16-280a, or 
Nuclear Regulatory Commission licensee operating a nuclear power 
generating facility in this state, or person, firm, corporation, contractor 
or subcontractor directly or indirectly providing goods or services to 
such public service company, holding company, person involved in the 
transportation of gas or licensee, may take or threaten to take any 
retaliatory action against an employee for the employee's disclosure of 
(1) any matter involving the substantial misfeasance, malfeasance or 
nonfeasance in the management of such public service company, 
holding company, person involved in the transportation of gas or 
licensee, or (2) information pursuant to section 31-51m. Any employee 
found to have knowingly made a false disclosure shall be subject to 
disciplinary action by the employee's employer, up to and including 
dismissal. 
(b) Any employee of such a public service company, holding 
company, person involved in the transportation of gas or licensee, or of 
any person, firm, corporation, contractor or subcontractor directly or 
indirectly providing goods or services to such a public service company, 
holding company, person involved in the transportation of gas or  Senate Bill No. 94 
 
Public Act No. 22-20 	7 of 17 
 
licensee, having knowledge of any of the following may transmit all 
facts and information in the employee's possession to the Public Utilities 
Regulatory Authority: (1) Any matter involving substantial 
misfeasance, malfeasance or nonfeasance in the management of such 
public service company, holding company, person involved in the 
transportation of gas or licensee; or (2) any matter involving retaliatory 
action or the threat of retaliatory action taken against an employee who 
has reported the misfeasance, malfeasance or nonfeasance, in the 
management of such public service company, holding company, person 
involved in the transportation of gas or licensee. With regard to any 
matter described in subdivision (1) of this subsection, the authority shall 
investigate such matter in accordance with the provisions of section 16-
8, as amended by this act, and shall not disclose the identity of such 
employee without the employee's consent unless it determines that such 
disclosure is unavoidable during the course of the investigation. With 
regard to any matter described in subdivision (2) of this subsection, the 
matter shall be handled in accordance with the procedures set forth in 
subsections (c) and (d) of this section. 
(c) (1) Not more than ninety business days after receipt of a written 
complaint, in a form prescribed by the authority, by an employee 
alleging the employee's employer has retaliated against an employee in 
violation of subsection (a) of this section, the authority shall make a 
preliminary finding in accordance with this subsection. 
(2) Not more than five business days after receiving a written 
complaint, in a form prescribed by the authority, the authority shall 
notify the employer by certified mail. Such notification shall include a 
description of the nature of the charges and the substance of any 
relevant supporting evidence. The employer may submit a written 
response and both the employer and the employee may present rebuttal 
statements in the form of affidavits from witnesses and supporting 
documents and may meet with the authority informally to respond  Senate Bill No. 94 
 
Public Act No. 22-20 	8 of 17 
 
verbally about the nature of the employee's charges. The authority shall 
consider in making its preliminary finding as provided in subdivision 
(3) of this subsection any such written and verbal responses, including 
affidavits and supporting documents, received by the authority not 
more than twenty business days after the employer receives such notice. 
Any such response received after twenty business days shall be 
considered by the authority only upon a showing of good cause and at 
the discretion of the authority. The authority shall make its preliminary 
finding as provided in subdivision (3) of this subsection based on 
information described in this subdivision, without a public hearing. 
(3) Unless the authority finds by clear and convincing evidence that 
the adverse employment action was taken for a reason unconnected 
with the employee's report of substantial misfeasance, malfeasance or 
nonfeasance, there shall be a rebuttable presumption that an employee 
was retaliated against in violation of subsection (a) of this section if the 
authority finds that: (A) The employee had reported substantial 
misfeasance, malfeasance or nonfeasance in the management of the 
public service company, holding company, person involved in the 
transportation of gas or licensee; (B) the employee was subsequently 
discharged, suspended, demoted or otherwise penalized by having the 
employee's status of employment changed by the employee's employer; 
and (C) the subsequent discharge, suspension, demotion or other 
penalty followed the employee's report closely in time. 
(4) If such findings are made, the authority shall issue an order 
requiring the employer to immediately return the employee to the 
employee's previous position of employment or an equivalent position 
pending the completion of the authority's full investigatory proceeding 
pursuant to subsection (d) of this section. 
(d) Not later than thirty days after making a preliminary finding in 
accordance with the provisions of subsection (c) of this section, the 
authority shall initiate a full investigatory proceeding in accordance  Senate Bill No. 94 
 
Public Act No. 22-20 	9 of 17 
 
with the provisions of section 16-8, as amended by this act, at which time 
the employer shall have the opportunity to rebut the presumption. The 
authority may issue orders, impose civil penalties, order payment of 
back pay or award attorneys' fees in a manner that conforms with the 
notice and hearing provisions in section 16-41, as amended by this act, 
against a public service company, holding company, person involved in 
the transportation of gas or licensee or a person, firm, corporation, 
contractor or subcontractor directly or indirectly providing goods or 
services to such public service company, holding company, person 
involved in the transportation of gas or licensee, in order to enforce the 
provisions of this section. 
(e) If an employee or former employee of such a public service 
company, holding company, person involved in the transportation of 
gas or licensee, or of a person, firm, corporation, contractor or 
subcontractor directly or indirectly providing goods or services to such 
a public service company, holding company, person involved in the 
transportation of gas or licensee, having knowledge of any matter 
involving the substantial misfeasance, malfeasance or nonfeasance in 
the management of such public service company, holding company, 
person involved in the transportation of gas or licensee, enters into an 
agreement with the employee's employer that contains a provision 
directly or indirectly discouraging the employee from presenting a 
written complaint or testimony concerning such misfeasance, 
malfeasance or nonfeasance in any legislative, administrative or judicial 
proceeding, such provision shall be void as against public policy. 
(f) The Public Utilities Regulatory Authority shall adopt regulations, 
in accordance with chapter 54, to carry out the provisions of this section. 
Such regulations shall include the following: (1) The procedures by 
which a complaint may be brought pursuant to subsection (a) of this 
section; (2) the time period in which such a complaint may be brought; 
(3) the time period by which the authority shall render a decision  Senate Bill No. 94 
 
Public Act No. 22-20 	10 of 17 
 
pursuant to subsection (d) of this section; (4) the form on which written 
complaints shall be submitted to the authority by an employee pursuant 
to subsection (c) of this section; and (5) the requirement that a notice be 
posted in the workplace informing all employees of any public service 
company, holding company, person involved in the transportation of 
gas and licensee and of any person, firm, corporation, contractor or 
subcontractor directly or indirectly providing goods or services to a 
company or licensee, as defined in subsection (b) of this section, of their 
rights under this section, including the right to be reinstated in 
accordance with subsection (c) of this section. 
Sec. 4. Section 16-11 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022): 
The Public Utilities Regulatory Authority shall, so far as is 
practicable, keep fully informed as to the condition of the plant, 
equipment and manner of operation of all public service companies and 
persons involved in the transportation of gas, as such terms are defined 
in section 16-280a, in respect to their adequacy and suitability to 
accomplish the duties imposed upon such companies by law and in 
respect to their relation to the safety of the public and of the employees 
of such companies or persons. The authority may order such reasonable 
improvements, repairs or alterations in such plant or equipment, or such 
changes in the manner of operation, as may be reasonably necessary in 
the public interest. The general purposes of this section and sections 16-
19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full 
powers to regulate its public service companies, to increase the powers 
of the Public Utilities Regulatory Authority and to promote local control 
of the public service companies of this state, and said sections shall be 
so construed as to effectuate these purposes. 
Sec. 5. Section 16-16 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022):  Senate Bill No. 94 
 
Public Act No. 22-20 	11 of 17 
 
Each public service company, person involved in the transportation 
of gas, as such terms are defined in section 16-280a, and electric supplier 
subject to regulation by the Public Utilities Regulatory Authority shall, 
in the event of any accident attended with personal injury or involving 
public safety, which was or may have been connected with or due to the 
operation of its [or his] property, or caused by contact with the wires of 
any public service company or electric supplier, notify the authority 
thereof, by telephone or otherwise, as soon as may be reasonably 
possible after the occurrence of such accident, unless such accident is a 
minor accident, as defined by regulations of the authority. Each such 
person, company or electric supplier shall report such minor accidents 
to the authority in writing, in summary form, once each month. If notice 
of such accident, other than a minor accident, is given otherwise than in 
writing, it shall be confirmed in writing within five days after the 
occurrence of such accident. Any person, company or electric supplier 
failing to comply with the provisions of this section shall be fined not 
more than five hundred dollars for each offense. 
Sec. 6. Section 16-41 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022): 
(a) Each (1) public service company and its officers, agents and 
employees, (2) electric supplier or person providing electric generation 
services without a license in violation of section 16-245, and its officers, 
agents and employees, (3) certified telecommunications provider or 
person providing telecommunications services without authorization 
pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents 
and employees, (4) person, public agency or public utility, as such terms 
are defined in section 16-345, subject to the requirements of chapter 293, 
(5) person subject to the registration requirements under section 16-
258a, (6) cellular mobile telephone carrier, as described in section 16-
250b, (7) Connecticut electric efficiency partner, as defined in section 16-
243v, (8) company, as defined in section 16-49, [and] (9) entity approved  Senate Bill No. 94 
 
Public Act No. 22-20 	12 of 17 
 
to submeter pursuant to section 16-19ff, and (10) person involved in the 
transportation of gas, as such terms are defined in section 16-280a, shall 
obey, observe and comply with all applicable provisions of this title and 
each applicable order made or applicable regulations adopted by the 
Public Utilities Regulatory Authority by virtue of this title as long as the 
same remains in force. Any such company, electric supplier, certified 
telecommunications provider, cellular mobile telephone carrier, 
Connecticut electric efficiency partner, entity approved to submeter, 
person, any officer, agent or employee thereof, public agency or public 
utility which the authority finds has failed to obey or comply with any 
such provision of this title, order or regulation shall be fined, ordered to 
pay restitution to customers or ordered to pay a combination of a fine 
and restitution by order of the authority in accordance with the penalty 
prescribed for the violated provision of this title or, if no penalty is 
prescribed, not more than ten thousand dollars for each offense, except 
that the penalty shall be a fine, restitution to customers or a combination 
of a fine and restitution of not more than forty thousand dollars for 
failure to comply with an order of the authority made in accordance 
with the provisions of section 16-19 or 16-247k or within thirty days of 
such order or within any specific time period for compliance specified 
in such order. The authority may direct a portion of any fine levied 
pursuant to this section to be paid to a nonprofit agency engaged in 
energy assistance programs named by the authority in its decision or 
notice of violation. Each distinct violation of any such provision of this 
title, order or regulation shall be a separate offense and, in case of a 
continued violation, each day thereof shall be deemed a separate 
offense. Each such penalty and any interest charged pursuant to 
subsection (g) or (h) of section 16-49 shall be excluded from operating 
expenses for purposes of rate-making. 
(b) Any regional water authority, any regional water district, any 
municipal gas or electric plant established under chapter 101, any 
municipal waterworks system established under chapter 102, or any  Senate Bill No. 94 
 
Public Act No. 22-20 	13 of 17 
 
other municipality or department thereof owning, leasing, operating or 
managing a plant for the supplying or furnishing of any public utility, 
which the Public Utilities Regulatory Authority finds has failed to 
comply with the procedures of section 16-29, shall be subject to a civil 
penalty of not more than five thousand dollars for any annual report 
which is not submitted or submitted late in violation of said section. 
(c) If the authority has reason to believe that a violation has occurred 
for which a civil penalty is authorized by subsection (a) or (b) of this 
section, it shall notify the alleged violator by certified mail, return 
receipt requested, or by personal service. The notice shall include: 
(1) A reference to the sections of the title, regulation or order 
involved; 
(2) A short and plain statement of the matter asserted or charged; 
(3) A statement of the prescribed civil penalty for the violation; and 
(4) A statement of the person's right to a hearing. 
(d) The person to whom the notice is addressed shall have twenty 
days from the date of receipt of the notice in which to deliver to the 
authority a written application for a hearing. If a hearing is requested, 
then, after a hearing and upon a finding that a violation has occurred, 
the authority may issue a final order assessing a civil penalty under this 
section which shall not be greater than the maximum penalty [stated in 
the notice] permitted by law. If a hearing is not requested, or if such a 
request is later withdrawn, then the notice shall, on the first day after 
the expiration of the twenty-day period or on the first day after the 
withdrawal of the request for hearing, whichever is later, become a final 
order of the authority and the matters asserted or charged in the notice 
shall be deemed admitted, unless the notice is modified by a consent 
order before it becomes a final order. A consent order shall be deemed 
a final order.  Senate Bill No. 94 
 
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(e) All hearings under this section shall be conducted under sections 
4-176e to 4-184, inclusive. The final order of the authority assessing a 
civil penalty shall be subject to appeal under section 4-183. No challenge 
to any final order of the authority assessing a civil penalty shall be 
allowed as to any issue which could have been raised by an appeal of 
an earlier order of the authority. Any civil penalty authorized by this 
section shall become due and payable (1) at the time of receipt of a final 
order in the case of a civil penalty assessed in such order after a hearing, 
(2) on the first day after the expiration of the period in which a hearing 
may be requested if no hearing is requested, or (3) on the first day after 
the withdrawal of a request for hearing. 
(f) A civil penalty assessed in a final order of the authority under this 
section may be enforced in the same manner as a judgment of the 
Superior Court. The final order shall be delivered to the respondent by 
personal service or by certified mail, return receipt requested. After 
entry of such final order, the authority may file a transcript without the 
payment of costs, in the office of the clerk of the superior court in the 
judicial district in which the respondent resides, has a place of business, 
owns real property, or in which any real property which is the subject 
of the proceedings is located or, if the respondent is not a resident of the 
state of Connecticut, in the judicial district of Hartford. Upon the filing, 
the clerk shall docket the order in the same manner and with the same 
effect as a judgment entered in the superior court within the judicial 
district. Upon the docketing, the order may be enforced as a judgment 
of the court. 
Sec. 7. Subsection (c) of section 16-280b of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective October 
1, 2022): 
(c) The authority may issue a waiver of any federal safety standards 
or any regulations adopted by the authority pursuant to subsection (b) 
of this section in individual cases where warranted by local  Senate Bill No. 94 
 
Public Act No. 22-20 	15 of 17 
 
circumstances or conditions, consistent with public safety and 
authorized under the federal act. 
Sec. 8. Section 16-280c of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022): 
[Each] The federal safety [standard] standards applicable to [pipeline 
facilities and] the transportation of gas established under the provisions 
of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and 
49 CFR 199, as the same are, from time to time, made effective, or any 
regulation adopted by the authority pursuant to subsection (b) or (c) of 
section 16-280b, as amended by this act, shall be the standards of the 
state. 
Sec. 9. Subsection (a) of section 16-280e of the general statutes is 
repealed and the following is substituted in lieu thereof (Effective October 
1, 2022): 
(a) Any person that violates any provision of the federal act, any 
regulation issued under the federal act, any provision of this chapter or 
any regulation adopted by the authority pursuant to subsection (b) or 
(c) of section 16-280b, as amended by this act, shall be subject to a civil 
penalty not to exceed the higher of the maximum civil penalty provided 
under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended 
from time to time. 
Sec. 10. (NEW) (Effective October 1, 2022) The utility commissioners, 
as defined in section 16-1 of the general statutes, or their designees, shall 
have the authority to cause any work performed by any person involved 
in the transportation of gas, as such terms are defined in section 16-280a 
of the general statutes, to cease immediately if said work may endanger 
any person. 
Sec. 11. Section 16-354 of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2022):  Senate Bill No. 94 
 
Public Act No. 22-20 	16 of 17 
 
A person, public agency or public utility responsible for excavating, 
discharging explosives or demolition shall exercise reasonable care 
when working in proximity to the underground facilities of any public 
utility and shall comply with such safety standards and other 
requirements as the authority shall prescribe by regulations adopted 
pursuant to section 16-357. If the facilities are likely to be exposed, such 
support shall be provided as may be reasonably necessary for protection 
of the facilities. If excavation is within the approximate location of 
facilities containing combustible or hazardous fluids or gases, only hand 
digging or soft digging shall be employed. As used in this section, "soft 
digging" means a nonmechanical and nondestructive process used to 
excavate and evacuate soils at a controlled rate, using high pressure 
water or air jet to break up the soil, often in conjunction with a high 
power vacuum unit to extract the soil without damaging the facilities. 
In the event that an immediate life-threatening hazard resulting from a 
wilful violation of this chapter, or of such regulations adopted pursuant 
to section 16-357, is identified, the utility commissioners, as defined in 
section 16-1, or their designees, shall immediately notify the person, 
public agency or public utility responsible for excavating, discharging 
explosives or demolition of said hazard and violation. Upon receipt of 
such notification, the person, public agency or public utility responsible 
for excavating, discharging explosives or demolition shall promptly 
abate said hazard and violation. In the event that said hazard and 
violation is not abated in a reasonable time frame, the utility 
commissioners, or their designees, shall have the authority to cause the 
excavation, discharge of explosives or demolition to cease immediately 
until said hazard and violation have been abated.  
Sec. 12. Subdivision (1) of subsection (a) of section 8-31c of the general 
statutes is repealed and the following is substituted in lieu thereof 
(Effective October 1, 2022): 
(a) (1) Wherever the term "regional planning agency" is used in the  Senate Bill No. 94 
 
Public Act No. 22-20 	17 of 17 
 
following general statutes, the term "regional council of governments" 
shall be substituted in lieu thereof; and (2) wherever the term "regional 
planning agencies" is used in the following general statutes, the term 
"regional councils of governments" shall be substituted in lieu thereof: 
8-35b, 8-35c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f, 
16-50l, [16-358,] 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a-
207, 22a-352, 23-8, 25-33e to 25-33h, inclusive, 25-68d, 25-102qq and 25-
233. 
Sec. 13. Sections 16-358 and 16-359 of the general statutes are 
repealed. (Effective October 1, 2022)