Connecticut 2023 Regular Session

Connecticut House Bill HB06852 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 5214 1 of 10
4	4
5	5	General Assembly Raised Bill No. 6852
6	6	January Session, 2023
7	7	LCO No. 5214
8	8
9	9
10	10	Referred to Committee on ENERGY AND TECHNOLOGY
11	11
12	12
13	13	Introduced by:
14	14	(ET)
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19	19	AN ACT CONCERNING THE AFFORDABILITY OF UTILITIES.
20	20	Be it enacted by the Senate and House of Representatives in General
21	21	Assembly convened:
22	22
23	23	Section 1. Subsection (a) of section 16-41 of the general statutes is 1
24	24	repealed and the following is substituted in lieu thereof (Effective October 2
25	25	1, 2023): 3
26	26	(a) Each (1) public service company and its officers, agents and 4
27	27	employees, (2) electric supplier or person providing electric generation 5
28	28	services without a license in violation of section 16-245, and its officers, 6
29	29	agents and employees, (3) certified telecommunications provider or 7
30	30	person providing telecommunications services without authorization 8
31	31	pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents 9
32	32	and employees, (4) person, public agency or public utility, as such terms 10
33	33	are defined in section 16-345, subject to the requirements of chapter 293, 11
34	34	(5) person subject to the registration requirements under section 16-12
35	35	258a, (6) cellular mobile telephone carrier, as described in section 16-13
36	36	250b, (7) Connecticut electric efficiency partner, as defined in section 16-14
37	37	243v, (8) company, as defined in section 16-49, (9) entity approved to 15
38	38	submeter pursuant to section 16-19ff, and (10) person involved in the 16 Raised Bill No. 6852
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40	40
41	41
42	42	LCO No. 5214 2 of 10
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44	44	transportation of gas, as such terms are defined in section 16-280a, shall 17
45	45	obey, observe and comply with all applicable provisions of this title and 18
46	46	each applicable order made or applicable regulations adopted by the 19
47	47	Public Utilities Regulatory Authority by virtue of this title as long as the 20
48	48	same remains in force. Any such company, electric supplier, certified 21
49	49	telecommunications provider, cellular mobile telephone carrier, 22
50	50	Connecticut electric efficiency partner, entity approved to submeter, 23
51	51	person, any officer, agent or employee thereof, public agency or public 24
52	52	utility which the authority finds has failed to obey or comply with any 25
53	53	such provision of this title, order or regulation shall be fined, ordered to 26
54	54	pay restitution to customers or ordered to pay a combination of a fine 27
55	55	and restitution by order of the authority in accordance with the penalty 28
56	56	prescribed for the violated provision of this title or, if no penalty is 29
57	57	prescribed, not more than ten thousand dollars for each offense, except 30
58	58	that the penalty shall be a fine, restitution to customers or a combination 31
59	59	of a fine and restitution of not more than forty thousand dollars for 32
60	60	failure to comply with an order of the authority made in accordance 33
61	61	with the provisions of section 16-19 or 16-247k or within thirty days of 34
62	62	such order or within any specific time period for compliance specified 35
63	63	in such order. The authority may direct a portion of any fine levied 36
64	64	pursuant to this section to be paid to a nonprofit agency engaged in 37
65	65	energy assistance programs named by the authority in its decision or 38
66	66	notice of violation and may direct a portion of any fine levied pursuant 39
67	67	to this section against a certified telecommunications provider, person 40
68	68	providing telecommunications services without authorization or 41
69	69	cellular mobile telephone carrier, to be deposited in the educational 42
70	70	technology account established pursuant to section 4d-81, as amended 43
71	71	by this act. Any such nonprofit agency that receives a portion of a fine 44
72	72	pursuant to this subsection shall administer such funds as directed by 45
73	73	the authority and submit an annual report to the authority, at the end of 46
74	74	each fiscal year and in a form determined by the authority, that details 47
75	75	the expenditure of such funding. No such nonprofit agency shall use 48
76	76	more than ten per cent of such funding for administrative purposes. 49
77	77	[For] Notwithstanding any provision of this subsection, for the fiscal 50
78	78	years ending June 30, 2023, and June 30, 2024, the authority shall direct 51 Raised Bill No. 6852
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80	80
81	81
82	82	LCO No. 5214 3 of 10
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84	84	not less than ninety-five per cent of any fine levied pursuant to this 52
85	85	section to nonprofit agencies engaged in energy assistance programs. 53
86	86	Each distinct violation of any such provision of this title, order or 54
87	87	regulation shall be a separate offense and, in case of a continued 55
88	88	violation, each day thereof shall be deemed a separate offense. Each 56
89	89	such penalty and any interest charged pursuant to subsection (g) or (h) 57
90	90	of section 16-49 shall be excluded from operating expenses for purposes 58
91	91	of rate-making. 59
92	92	Sec. 2. Section 4d-81 of the general statutes is repealed and the 60
93	93	following is substituted in lieu thereof (Effective October 1, 2023): 61
94	94	There is established an [educational technology] account to be known 62
95	95	as the "educational technology account", which shall be a separate, 63
96	96	nonlapsing account within the General Fund. The account shall contain 64
97	97	any moneys required by law to be deposited in the account. The 65
98	98	Commission for Educational Technology shall deposit in said account 66
99	99	any private donation, bequest or devise made to it to assist in the 67
100	100	attainment of the state-wide technology goals established pursuant to 68
101	101	subdivision (2) of subsection (c) of section 4d-80. Said account is 69
102	102	[intended to be] in addition to those resources that are appropriated by 70
103	103	the state for technology purposes. The commission shall use the 71
104	104	resources of the account for activities related to the attainment of such 72
105	105	goals. 73
106	106	Sec. 3. Subsection (b) of section 16-262c of the general statutes is 74
107	107	repealed and the following is substituted in lieu thereof (Effective October 75
108	108	1, 2023): 76
109	109	(b) (1) From November first to May first, inclusive, no electric 77
110	110	distribution company, as defined in section 16-1, no electric supplier and 78
111	111	no municipal utility furnishing electricity shall terminate, deny or refuse 79
112	112	to reinstate residential electric service in hardship cases where the 80
113	113	customer lacks the financial resources to pay his or her entire account. 81
114	114	From November first to May first, inclusive, no gas company and no 82
115	115	municipal utility furnishing gas shall terminate, deny or refuse to 83 Raised Bill No. 6852
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117	117
118	118
119	119	LCO No. 5214 4 of 10
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121	121	reinstate residential gas service in hardship cases where the customer 84
122	122	uses such gas for heat and lacks the financial resources to pay his or her 85
123	123	entire account, except a gas company that, between May second and 86
124	124	October thirty-first, terminated gas service to a residential customer 87
125	125	who uses gas for heat and who, during the previous period of 88
126	126	November first to May first, had gas service maintained because of 89
127	127	hardship status, may refuse to reinstate the gas service from November 90
128	128	first to May first, inclusive, only if the customer has failed to pay, since 91
129	129	the preceding November first, the lesser of: (A) Twenty per cent of the 92
130	130	outstanding principal balance owed the gas company as of the date of 93
131	131	termination, (B) one hundred dollars, or (C) the minimum payments 94
132	132	due under the customer's amortization agreement. Notwithstanding 95
133	133	any other provision of the general statutes to the contrary, no electric 96
134	134	distribution or gas company, no electric supplier and no municipal 97
135	135	utility furnishing electricity or gas shall terminate, deny or refuse to 98
136	136	reinstate residential electric or gas service where the customer lacks the 99
137	137	financial resources to pay his or her entire account and for which 100
138	138	customer or a member of the customer's household the termination, 101
139	139	denial of or failure to reinstate such service would create a life-102
140	140	threatening situation. No electric distribution or gas company, no 103
141	141	electric supplier and no municipal utility furnishing electricity or gas 104
142	142	shall terminate, deny or refuse to reinstate residential electric or gas 105
143	143	service where the customer is a hardship case and lacks the financial 106
144	144	resources to pay his or her entire account and a child not more than 107
145	145	twenty-four months old resides in the customer's household and such 108
146	146	child has been admitted to the hospital and received discharge papers 109
147	147	on which the attending physician, physician assistant or an advanced 110
148	148	practice registered nurse has indicated such service is a necessity for the 111
149	149	health and well-being of such child. In hardship cases where the 112
150	150	customer lacks the financial resources to pay such customer's entire 113
151	151	account, no electric distribution company or municipality utility may 114
152	152	charge more than one hundred dollars to reinstate residential electric 115
153	153	service to such customer. Such one-hundred-dollar limit shall include 116
154	154	any reconnection fee and any payment of an outstanding balance that 117
155	155	such company or utility requires as a condition of reinstating residential 118 Raised Bill No. 6852
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159	159	LCO No. 5214 5 of 10
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161	161	electric service to such customer. 119
162	162	(2) During any period in which a residential customer is subject to 120
163	163	termination, an electric distribution or gas company, an electric supplier 121
164	164	or a municipal utility furnishing electricity or gas shall provide such 122
165	165	residential customer whose account is delinquent an opportunity to 123
166	166	enter into a reasonable amortization agreement with such company, 124
167	167	electric supplier or utility to pay such delinquent account and to avoid 125
168	168	termination of service. Such amortization agreement shall allow such 126
169	169	customer adequate opportunity to apply for and receive the benefits of 127
170	170	any available energy assistance program. An amortization agreement 128
171	171	shall be subject to amendment on customer request if there is a change 129
172	172	in the customer's financial circumstances. 130
173	173	(3) As used in this section, (A) "household income" means the 131
174	174	combined income over a twelve-month period of the customer and all 132
175	175	adults, except children of the customer, who are and have been 133
176	176	members of the household for six months or more, and (B) "hardship 134
177	177	case" includes, but is not limited to: (i) A customer receiving local, state 135
178	178	or federal public assistance; (ii) a customer whose sole source of 136
179	179	financial support is Social Security, United States Department of 137
180	180	Veterans Affairs or unemployment compensation benefits; (iii) a 138
181	181	customer who is head of the household and is unemployed, and the 139
182	182	household income is less than three hundred per cent of the poverty 140
183	183	level determined by the federal government; (iv) a customer who is 141
184	184	seriously ill or who has a household member who is seriously ill; (v) a 142
185	185	customer whose income falls below one hundred twenty-five per cent 143
186	186	of the poverty level determined by the federal government; and (vi) a 144
187	187	customer whose circumstances threaten a deprivation of food and the 145
188	188	necessities of life for himself or dependent children if payment of a 146
189	189	delinquent bill is required. 147
190	190	(4) In order for a residential customer of a gas or electric distribution 148
191	191	company using gas or electricity for heat to be eligible to have any 149
192	192	moneys due and owing deducted from the customer's delinquent 150
193	193	account pursuant to this subdivision, the company furnishing gas or 151 Raised Bill No. 6852
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197	197	LCO No. 5214 6 of 10
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199	199	electricity shall require that the customer (A) apply and be eligible for 152
200	200	benefits available under the Connecticut energy assistance program or 153
201	201	state appropriated fuel assistance program; (B) authorize the company 154
202	202	to send a copy of the customer's monthly bill directly to any energy 155
203	203	assistance agency for payment; (C) enter into and comply with an 156
204	204	amortization agreement, which agreement is consistent with decisions 157
205	205	and policies of the Public Utilities Regulatory Authority. Such an 158
206	206	amortization agreement shall reduce a customer's payment by the 159
207	207	amount of the benefits reasonably anticipated from the Connecticut 160
208	208	energy assistance program, state appropriated fuel assistance program 161
209	209	or other energy assistance sources. Unless the customer requests 162
210	210	otherwise, the company shall budget a customer's payments over a 163
211	211	twelve-month period with an affordable increment to be applied to any 164
212	212	arrearage, provided such payment plan will not result in loss of any 165
213	213	energy assistance benefits to the customer. If a customer authorizes the 166
214	214	company to send a copy of his monthly bill directly to any energy 167
215	215	assistance agency for payment, the energy assistance agency shall make 168
216	216	payments directly to the company. If, on April thirtieth, a customer has 169
217	217	been in compliance with the requirements of subparagraphs (A) to (C), 170
218	218	inclusive, of this subdivision, during the period starting on the 171
219	219	preceding November first, or from such time as the customer's account 172
220	220	becomes delinquent, the company shall deduct from such customer's 173
221	221	delinquent account an additional amount equal to the amount of money 174
222	222	paid by the customer between the preceding November first and April 175
223	223	thirtieth and paid on behalf of the customer through the Connecticut 176
224	224	energy assistance program and state appropriated fuel assistance 177
225	225	program. Any customer in compliance with the requirements of 178
226	226	subparagraphs (A) to (C), inclusive, of this subdivision, on April 179
227	227	thirtieth who continues to comply with an amortization agreement 180
228	228	through the succeeding October thirty-first, shall also have an amount 181
229	229	equal to the amount paid pursuant to such agreement and any amount 182
230	230	paid on behalf of such customer between May first and the succeeding 183
231	231	October thirty-first deducted from the customer's delinquent account. 184
232	232	In no event shall the deduction of any amounts pursuant to this 185
233	233	subdivision result in a credit balance to the customer's account. No 186 Raised Bill No. 6852
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237	237	LCO No. 5214 7 of 10
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239	239	customer shall be denied the benefits of this subdivision due to an error 187
240	240	by the company. The Public Utilities Regulatory Authority shall allow 188
241	241	the amounts deducted from the customer's account pursuant to the 189
242	242	implementation plan, described in subdivision (5) of this subsection, to 190
243	243	be recovered by the company in its rates as an operating expense, 191
244	244	pursuant to said implementation plan. If the customer fails to comply 192
245	245	with the terms of the amortization agreement or any decision of the 193
246	246	authority rendered in lieu of such agreement and the requirements of 194
247	247	subparagraphs (A) to (C), inclusive, of this subdivision, the company 195
248	248	may terminate service to the customer, pursuant to all applicable 196
249	249	regulations, provided such termination shall not occur between 197
250	250	November first and May first. 198
251	251	(5) Each gas and electric distribution company shall submit to the 199
252	252	Public Utilities Regulatory Authority annually, on or before July first, 200
253	253	an implementation plan which shall include information concerning 201
254	254	amortization agreements, counseling, reinstatement of eligibility, rate 202
255	255	impacts and any other information deemed relevant by the authority. 203
256	256	The Public Utilities Regulatory Authority may, in consultation with the 204
257	257	Office of Policy and Management, approve or modify such plan within 205
258	258	ninety days of receipt of the plan. If the authority does not take any 206
259	259	action on such plan within ninety days of its receipt, the plan shall 207
260	260	automatically take effect at the end of the ninety-day period, provided 208
261	261	the authority may extend such period for an additional thirty days by 209
262	262	notifying the company before the end of the ninety-day period. Any 210
263	263	amount recovered by a company in its rates pursuant to this subsection 211
264	264	shall not include any amount approved by the Public Utilities 212
265	265	Regulatory Authority as an uncollectible expense. The authority may 213
266	266	deny all or part of the recovery required by this subsection if it 214
267	267	determines that the company seeking recovery has been imprudent, 215
268	268	inefficient or acting in violation of statutes or regulations regarding 216
269	269	amortization agreements. 217
270	270	(6) On or after January 1, 1993, the Public Utilities Regulatory 218
271	271	Authority may require gas companies to expand the provisions of 219
272	272	subdivisions (4) and (5) of this subsection to all hardship customers. Any 220 Raised Bill No. 6852
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276	276	LCO No. 5214 8 of 10
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278	278	such requirement shall not be effective until November 1, 1993. 221
279	279	(7) (A) All electric distribution and gas companies, electric suppliers 222
280	280	and municipal utilities furnishing electricity or gas shall collaborate in 223
281	281	developing, subject to approval by the Public Utilities Regulatory 224
282	282	Authority, standard provisions for the notice of delinquency and 225
283	283	impending termination under subsection (a) of section 16-262d. Each 226
284	284	such company and utility shall place on the front of such notice a 227
285	285	provision that the company, electric supplier or utility shall not effect 228
286	286	termination of service to a residential dwelling for nonpayment of 229
287	287	disputed bills during the pendency of any complaint. In addition, the 230
288	288	notice shall state that the customer must pay current and undisputed 231
289	289	bill amounts during the pendency of the complaint. (B) At the beginning 232
290	290	of any discussion with a customer concerning a reasonable amortization 233
291	291	agreement, any such company or utility shall inform the customer (i) of 234
292	292	the availability of a process for resolving disputes over what constitutes 235
293	293	a reasonable amortization agreement, (ii) that the company, electric 236
294	294	supplier or utility will refer such a dispute to one of its review officers 237
295	295	as the first step in attempting to resolve the dispute, and (iii) that the 238
296	296	company, electric supplier or utility shall not effect termination of 239
297	297	service to a residential dwelling for nonpayment of a delinquent account 240
298	298	during the pendency of any complaint, investigation, hearing or appeal 241
299	299	initiated by the customer, unless the customer fails to pay undisputed 242
300	300	bills, or undisputed portions of bills, for service received during such 243
301	301	period. (C) Each such company, electric supplier and utility shall inform 244
302	302	and counsel all customers who are hardship cases as to the availability 245
303	303	of all public and private energy conservation programs, including 246
304	304	programs sponsored or subsidized by such companies and utilities, 247
305	305	eligibility criteria, where to apply, and the circumstances under which 248
306	306	such programs are available without cost. 249
307	307	(8) The Public Utilities Regulatory Authority shall adopt regulations 250
308	308	in accordance with chapter 54 to carry out the provisions of this 251
309	309	subsection. Such regulations shall include, but not be limited to, criteria 252
310	310	for determining hardship cases and for reasonable amortization 253
311	311	agreements, including appeal of such agreements, for categories of 254 Raised Bill No. 6852
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315	315	LCO No. 5214 9 of 10
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317	317	customers. Such regulations may include the establishment of a 255
318	318	reasonable rate of interest which a company may charge on the unpaid 256
319	319	balance of a customer's delinquent bill and a description of the 257
320	320	relationship and responsibilities of electric suppliers to customers. 258
321	321	Sec. 4. (NEW) (Effective October 1, 2023) Not later than November 1, 259
322	322	2023, the Public Utilities Regulatory Authority shall initiate a 260
323	323	proceeding to establish a procedure that prohibits any electric supplier 261
324	324	or electric distribution company, as such terms are defined in section 16-262
325	325	1 of the general statutes, from terminating, denying or refusing to 263
326	326	reinstate service to any customer identified as a hardship case pursuant 264
327	327	to section 16-262c of the general statutes, as amended by this act, on any 265
328	328	day for which the heat index temperature is forecast to be at or above 266
329	329	ninety degrees Fahrenheit at any point on such day, in a weather 267
330	330	forecast issued on or before eight o'clock a.m. In the proceeding, the 268
331	331	authority shall determine the method for determining what forecasts of 269
332	332	heat index temperature such procedure shall use and the applicable 270
333	333	location or locations of such forecasts. 271
334	334	Sec. 5. (NEW) (Effective October 1, 2023) At the next general rate 272
335	335	proceeding of each gas company and water company, as such terms are 273
336	336	defined in section 16-1 of the general statutes, commencing on or after 274
337	337	October 1, 2023, and conducted pursuant to section 16-19 of the general 275
338	338	statutes, the Public Utilities Regulatory Authority shall investigate and 276
339	339	determine whether to implement low-income rates for such company's 277
340	340	customers. During such proceedings, the authority may implement low-278
341	341	income rates for customers of all gas companies and water companies, 279
342	342	for customers of gas companies and water companies of a certain size or 280
343	343	for no customers of any gas companies or water companies. Any low-281
344	344	income rates adopted pursuant to this section in a general rate 282
345	345	proceeding shall apply only to the rate plan that is the subject of such 283
346	346	proceeding. 284
347	347	Sec. 6. Section 16-24a of the general statutes is repealed. (Effective 285
348	348	October 1, 2023) 286 Raised Bill No. 6852
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352	352	LCO No. 5214 10 of 10
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355	355	Statement of Purpose:
356	356	To (1) use funds from fines levied against telecommunications
357	357	companies for educational technology, (2) prohibit electric utilities from
358	358	charging hardship customers more than one hundred dollars to
359	359	reconnect service, (3) prohibit electric service disconnections on hot
360	360	days, and (4) require the Public Utilities Regulatory Authority to
361	361	consider discount rates for low-income customers of gas and water
362	362	companies.
363	363	This act shall take effect as follows and shall amend the following
364	364	sections:
365	365
366	366	Section 1 October 1, 2023 16-41(a)
367	367	Sec. 2 October 1, 2023 4d-81
368	368	Sec. 3 October 1, 2023 16-262c(b)
369	369	Sec. 4 October 1, 2023 New section
370	370	Sec. 5 October 1, 2023 New section
371	371	Sec. 6 October 1, 2023 Repealer section
372	372
373	373	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
374	374	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
375	375	underlined.]
376	376