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repealed and the following is substituted in lieu thereof (Effective October 2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