Connecticut 2023 Regular Session

Connecticut Senate Bill SB01063 Compare Versions

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Version 2 (New)

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	3	+	LCO No. 3369 1 of 3
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7		-	General Assembly ~~Substitute~~ Bill No. 1063
	5	+	General Assembly Raised Bill No. 1063
8	6		January Session, 2023
	7	+	LCO No. 3369
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	10	+	Referred to Committee on ENERGY AND TECHNOLOGY
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	12	+
	13	+	Introduced by:
	14	+	(ET)
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14	19		AN ACT CONCERNING UTILITY COMMISSIONERS OF THE PUBLIC
15	20		UTILITIES REGULATORY AUTHORITY.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19		-	Section 1. Section 16-2 of the general statutes is repealed and the 1
20		-	following is substituted in lieu thereof (Effective October 1, 2023): 2
21		-	(a) There shall continue to be a Public Utilities Regulatory Authority 3
22		-	within the Department of Energy and Environmental Protection, 4
23		-	which shall [consist of five electors of this state] be under the direction 5
24		-	of three utility commissioners, appointed by the Governor with the 6
25		-	advice and consent of both houses of the General Assembly. Not more 7
26		-	than [three members] two utility commissioners of said authority in 8
27		-	office at any one time shall be members of any one political party. [The 9
28		-	Governor shall appoint five members to the authority.] The procedure 10
29		-	prescribed in section 4-7 shall apply to such appointments, except that 11
30		-	the Governor shall submit each nomination on or before May first, and 12
31		-	both houses shall confirm or reject it before adjournment sine die. Any 13
32		-	utility commissioner appointed by the Governor and confirmed by 14
33		-	both chambers of the General Assembly between February 1, 2019, and 15
34		-	June 1, 2019, shall serve a term expiring on March 1, 2024. Any utility 16
35		-	commissioner appointed by the Governor and confirmed by both 17
36		-	houses of the General Assembly between February 1, 2018, and June 1, 18
37		-	2018, shall serve a term expiring on March 1, 2022. [Between July 1, 19 Substitute Bill No. 1063
	24	+	Section 1. Subsections (a) to (c), inclusive, of section 16-2 of the 1
	25	+	general statutes are repealed and the following is substituted in lieu 2
	26	+	thereof (Effective October 1, 2023): 3
	27	+	(a) There shall continue to be a Public Utilities Regulatory Authority 4
	28	+	within the Department of Energy and Environmental Protection, which 5
	29	+	shall [consist of five electors of this state] be under the direction of three 6
	30	+	utility commissioners, appointed by the Governor with the advice and 7
	31	+	consent of both houses of the General Assembly. Not more than [three] 8
	32	+	two members of said authority in office at any one time shall be 9
	33	+	members of any one political party. [The Governor shall appoint five 10
	34	+	members to the authority.] The procedure prescribed in section 4-7 shall 11
	35	+	apply to such appointments, except that the Governor shall submit each 12
	36	+	nomination on or before May first, and both houses shall confirm or 13
	37	+	reject it before adjournment sine die. Any utility commissioner 14
	38	+	appointed by the Governor and confirmed by both chambers of the 15 Raised Bill No. 1063
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44		-	2019, and May 1, 2020, the Governor shall appoint three utility 20
45		-	commissioners, provided one such commissioner shall serve a term 21
46		-	expiring on March 1, 2021, and two such commissioners shall serve 22
47		-	terms expiring on March 1, 2023.] Any utility commissioner appointed 23
48		-	on or after May 1, 2020, shall serve a term of four years. No utility 24
49		-	commissioner appointed on or after February 1, 2023, may serve more 25
50		-	than three such four-year terms. All utility commissioners shall be 26
51		-	electors of the state. The utility commissioners shall be sworn to the 27
52		-	faithful performance of their duties. 28
	42	+	LCO No. 3369 2 of 3
	43	+
	44	+	General Assembly between February 1, 2019, and June 1, 2019, shall 16
	45	+	serve a term expiring on March 1, 2024. Any utility commissioner 17
	46	+	appointed by the Governor and confirmed by both houses of the 18
	47	+	General Assembly between February 1, 2018, and June 1, 2018, shall 19
	48	+	serve a term expiring on March 1, 2022. [Between July 1, 2019, and May 20
	49	+	1, 2020, the Governor shall appoint three utility commissioners, 21
	50	+	provided one such commissioner shall serve a term expiring on March 22
	51	+	1, 2021, and two such commissioners shall serve terms expiring on 23
	52	+	March 1, 2023.] Any utility commissioner appointed on or after May 1, 24
	53	+	2020, shall serve a term of four years. No utility commissioner appointed 25
	54	+	on or after February 1, 2023, may serve more than two such four-year 26
	55	+	terms. All utility commissioners shall be electors of the state. The utility 27
	56	+	commissioners shall be sworn to the faithful performance of their duties. 28
53	57		(b) [The authority shall elect] Each June, the utility commissioners 29
54	58		shall choose, from among them, a chairperson and vice-chairperson, 30
55	59		[each June] who shall serve for one-year terms starting on July first of 31
56	60		the same year. The vice-chairperson shall perform the duties of the 32
57	61		chairperson in his or her absence. 33
58	62		(c) Any matter coming before the authority may be assigned by the 34
59		-	chairperson to [a panel of three] one or more utility commissioners. 35
60		-	Except as otherwise provided by statute or regulation, [the panel] any 36
61		-	such utility commissioner shall determine whether a public hearing 37
62		-	shall be held on the matter, and may designate one or [more of its 38
63		-	members] two utility commissioners to conduct such hearing or may 39
64		-	assign a hearing officer to ascertain the facts and report thereon to [the 40
65		-	panel] any such utility commissioner or commissioners, as applicable. 41
66		-	The decision of [the panel] any such utility commissioner or 42
67		-	commissioners, as applicable, if unanimous, shall be the decision of the 43
68		-	authority. If the decision [of the panel] is not unanimous, the matter 44
69		-	shall be approved by a majority vote of all of the utility commissioners. 45
70		-	(d) The utility commissioners of the Public Utilities Regulatory 46
71		-	Authority shall serve full time and shall file a statement of financial 47
72		-	interests with the Office of State Ethics in accordance with section 1-83. 48
73		-	Each utility commissioner shall receive annually a salary equal to that 49
74		-	established for management pay plan salary group seventy-five by the 50
75		-	Commissioner of Administrative Services, except that the chairperson 51
76		-	shall receive annually a salary equal to that established for 52 Substitute Bill No. 1063
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83		-	management pay plan salary group seventy-seven. 53
84		-	(e) To insure the highest standard of public utility regulation, on 54
85		-	and after October 1, 2007, any newly appointed utility commissioner of 55
86		-	the authority shall have education or training and three or more years 56
87		-	of experience in one or more of the following fields: Economics, 57
88		-	engineering, law, accounting, finance, utility regulation, public or 58
89		-	government administration, consumer advocacy, business 59
90		-	management, and environmental management. On and after July 1, 60
91		-	1997, at least three of these fields shall be represented on the authority 61
92		-	by individual utility commissioners at all times. Any time a utility 62
93		-	commissioner is newly appointed, at least one of the utility 63
94		-	commissioners shall have experience in utility customer advocacy. 64
95		-	(f) (1) The chairperson of the authority, with the approval of the 65
96		-	Commissioner of Energy and Environmental Protection, shall 66
97		-	prescribe the duties of the staff assigned to the authority in order to (A) 67
98		-	conduct comprehensive planning with respect to the functions of the 68
99		-	authority; (B) cause the administrative organization of the authority to 69
100		-	be examined with a view to promoting economy and efficiency; and 70
101		-	(C) organize the authority into such divisions, bureaus or other units 71
102		-	as necessary for the efficient conduct of the business of the authority 72
103		-	and may from time to time make recommendations to the 73
104		-	Commissioner of Energy and Environmental Protection regarding staff 74
105		-	and resources. 75
106		-	(2) The chairperson of the Public Utilities Regulatory Authority, in 76
107		-	order to implement the comprehensive planning and organizational 77
108		-	structure established pursuant to subdivision (1) of this subsection, 78
109		-	shall (A) coordinate the activities of the authority and prescribe the 79
110		-	duties of the staff assigned to the authority; (B) for any proceeding on a 80
111		-	proposed rate amendment in which staff of the authority are to be 81
112		-	made a party pursuant to section 16-19j, determine which staff shall 82
113		-	appear and participate in the proceedings and which shall serve the 83
114		-	[members] utility commissioners of the authority; (C) enter into such 84
115		-	contractual agreements, in accordance with established procedures, as 85 Substitute Bill No. 1063
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122		-	may be necessary for the discharge of the authority's duties; (D) subject 86
123		-	to the provisions of section 4-32, and unless otherwise provided by 87
124		-	law, receive any money, revenue or services from the federal 88
125		-	government, corporations, associations or individuals, including 89
126		-	payments from the sale of printed matter or any other material or 90
127		-	services; and (E) require the staff of the authority to have expertise in 91
128		-	public utility engineering and accounting, finance, economics, 92
129		-	computers and rate design. 93
130		-	(g) No utility commissioner of the Public Utilities Regulatory 94
131		-	Authority or employee of the Department of Energy and 95
132		-	Environmental Protection assigned to work with the authority shall 96
133		-	have any interest, financial or otherwise, direct or indirect, or engage 97
134		-	in any business, employment, transaction or professional activity, or 98
135		-	incur any obligation of any nature, which is in substantial conflict with 99
136		-	the proper discharge of his or her duties or employment in the public 100
137		-	interest and of his or her responsibilities as prescribed in the laws of 101
138		-	this state, as defined in section 1-85, concerning any matter within the 102
139		-	jurisdiction of the authority; provided, no such substantial conflict 103
140		-	shall be deemed to exist solely by virtue of the fact that a utility 104
141		-	commissioner of the authority or employee of the department assigned 105
142		-	to work with the authority, or any business in which such a person has 106
143		-	an interest, receives utility service from one or more Connecticut 107
144		-	utilities under the normal rates and conditions of service. 108
145		-	(h) No utility commissioner of the Public Utilities Regulatory 109
146		-	Authority or employee of the Department of Energy and 110
147		-	Environmental Protection assigned to work with the authority, during 111
148		-	such assignment, shall accept other employment which will either 112
149		-	impair his or her independence of judgment as to his or her official 113
150		-	duties or employment or require him or her, or induce him or her, to 114
151		-	disclose confidential information acquired by him or her in the course 115
152		-	of and by reason of his or her official duties. 116
153		-	(i) No utility commissioner of the Public Utilities Regulatory 117
154		-	Authority or employee of the Department of Energy and 118 Substitute Bill No. 1063
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161		-	Environmental Protection assigned to work with the authority, during 119
162		-	such assignment, shall wilfully and knowingly disclose, for pecuniary 120
163		-	gain, to any other person, confidential information acquired by him or 121
164		-	her in the course of and by reason of his or her official duties or 122
165		-	employment or use any such information for the purpose of pecuniary 123
166		-	gain. 124
167		-	(j) No utility commissioner of the Public Utilities Regulatory 125
168		-	Authority or employee of the Department of Energy and 126
169		-	Environmental Protection assigned to work with the authority, during 127
170		-	such assignment, shall agree to accept, or be in partnership or 128
171		-	association with any person, or a member of a professional corporation 129
172		-	or in membership with any union or professional association which 130
173		-	partnership, association, professional corporation, union or 131
174		-	professional association agrees to accept any employment, fee or other 132
175		-	thing of value, or portion thereof, in consideration of his or her 133
176		-	appearing, agreeing to appear, or taking any other action on behalf of 134
177		-	another person before the authority, the Connecticut Siting Council, 135
178		-	the Office of Policy and Management or the Commissioner of Energy 136
179		-	and Environmental Protection. 137
180		-	(k) No utility commissioner of the Public Utilities Regulatory 138
181		-	Authority shall, for a period of one year following the termination of 139
182		-	his or her service as a utility commissioner, accept employment: (1) By 140
183		-	a public service company or by any person, firm or corporation 141
184		-	engaged in lobbying activities with regard to governmental regulation 142
185		-	of public service companies; (2) by a certified telecommunications 143
186		-	provider or by any person, firm or corporation engaged in lobbying 144
187		-	activities with regard to governmental regulation of persons, firms or 145
188		-	corporations so certified; or (3) by an electric supplier or by any 146
189		-	person, firm or corporation engaged in lobbying activities with regard 147
190		-	to governmental regulation of electric suppliers. No such utility 148
191		-	commissioner who is also an attorney shall in any capacity, appear or 149
192		-	participate in any matter, or accept any compensation regarding a 150
193		-	matter, before the authority, for a period of one year following the 151 Substitute Bill No. 1063
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199		-
200		-	termination of his or her service as a utility commissioner. 152
201		-	(l) The chairperson of the authority shall assign authority staff to 153
202		-	fulfill the duties of procurement manager where required pursuant to 154
203		-	this title and title 16a. 155
204		-	(m) Notwithstanding any provision of the general statutes, the 156
205		-	decisions of the Public Utilities Regulatory Authority, including, but 157
206		-	not limited to, decisions relating to rate amendments arising from the 158
207		-	Comprehensive Energy Strategy, the Integrated Resources Plan, the 159
208		-	Conservation and Load Management Plan and policies established by 160
209		-	the Department of Energy and Environmental Protection, shall be 161
210		-	guided by said strategy and plans and such policies. 162
211		-	(n) Two or more utility commissioners [serving on a panel 163
212		-	established] assigned a matter pursuant to subsection (c) of this section 164
213		-	may confer or communicate regarding the matter before such [panel] 165
214		-	commissioners. Any such conference or communication that does not 166
215		-	occur before the public at a hearing or proceeding shall not constitute a 167
216		-	meeting as defined in section 1-200. 168
217		-	Sec. 2. Section 16-4 of the general statutes is repealed and the 169
218		-	following is substituted in lieu thereof (Effective October 1, 2023): 170
219		-	No officer, employee, attorney or agent of any public service 171
220		-	company, of any certified telecommunications provider or of any 172
221		-	electric supplier shall be a [member] utility commissioner of the Public 173
222		-	Utilities Regulatory Authority or an employee of the Department of 174
223		-	Energy and Environmental Protection. 175
224		-	Sec. 3. Subdivision (2) of subsection (a) of section 16-1 of the general 176
225		-	statutes is repealed and the following is substituted in lieu thereof 177
226		-	(Effective October 1, 2023): 178
227		-	(2) "Utility commissioner" means a [member] utility commissioner 179
228		-	of the Public Utilities Regulatory Authority; 180 Substitute Bill No. 1063
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235		-	Sec. 4. Section 16-2c of the general statutes is repealed and the 181
236		-	following is substituted in lieu thereof (Effective October 1, 2023): 182
237		-	There is established a Division of Adjudication within the Public 183
238		-	Utilities Regulatory Authority. The staff of the division shall include, 184
239		-	but not be limited to, hearing officers appointed pursuant to 185
240		-	subsection (c) of section 16-2, as amended by this act. The 186
241		-	responsibilities of the division shall include, but not be limited to, 187
242		-	hearing matters assigned under said subsection and advising the 188
243		-	Public Utilities Regulatory Authority concerning legal issues. [A panel 189
244		-	of one] One or more utility commissioners may assign a hearing officer 190
245		-	pursuant to section 16-2, as amended by this act, and the chairperson 191
246		-	of the Public Utilities Regulatory Authority may assign such other staff 192
247		-	as are necessary to advise said chairperson. 193
	63	+	chairperson to a panel of [three] one or more utility commissioners. 35
	64	+	Except as otherwise provided by statute or regulation, the panel shall 36
	65	+	determine whether a public hearing shall be held on the matter, and 37
	66	+	may designate one or [more] two of its members to conduct such 38
	67	+	hearing or may assign a hearing officer to ascertain the facts and report 39
	68	+	thereon to the panel. The decision of the panel, if unanimous, shall be 40
	69	+	the decision of the authority. If the decision of the panel is not 41
	70	+	unanimous, the matter shall be approved by a majority vote of the utility 42
	71	+	commissioners. 43
248	72		This act shall take effect as follows and shall amend the following
249	73		sections:
250	74
251		-	Section 1 October 1, 2023 16-2
252		-	Sec. 2 October 1, 2023 16-4
253		-	Sec. 3 October 1, 2023 16-1(a)(2)
254		-	Sec. 4 October 1, 2023 16-2c
	75	+	Section 1 October 1, 2023 16-2(a) to (c)
	76	+	Raised Bill No. 1063
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256		-	ET Joint Favorable Subst.
	78	+
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	80	+	LCO No. 3369 3 of 3
	81	+
	82	+	Statement of Purpose:
	83	+	To limit the number of Public Utilities Regulatory Authority
	84	+	commissioners to three and to establish a term limit of two four-year
	85	+	terms for such commissioners.
	86	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	87	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	88	+	underlined.]
257	89