Connecticut 2025 Regular Session

Connecticut House Bill HB07206 Compare Versions

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3-LCO 1 of 14
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5-General Assembly Substitute Bill No. 7206
5+General Assembly Raised Bill No. 7206
66 January Session, 2025
7+LCO No. 6020
78
9+
10+Referred to Committee on GOVERNMENT ADMINISTRATION
11+AND ELECTIONS
12+
13+
14+Introduced by:
15+(GAE)
816
917
1018
1119
1220 AN ACT CONCERNING PROCEEDINGS OF THE SITING COUNCIL
1321 AND OTHER REQUIREMENTS CONCERNING CERTAIN UTILITY
1422 EXPENDITURES.
1523 Be it enacted by the Senate and House of Representatives in General
1624 Assembly convened:
1725
1826 Section 1. Section 16-50n of the general statutes is repealed and the 1
1927 following is substituted in lieu thereof (Effective October 1, 2025): 2
2028 (a) The parties to a certification or amendment proceeding or to a 3
2129 declaratory ruling proceeding shall include: (1) The applicant, certificate 4
2230 holder, or petitioner; (2) each person entitled to receive a copy of the 5
2331 application or resolution under section 16-50l, as amended by this act, if 6
2432 such person has filed with the council a notice of intent to be a party; (3) 7
2533 any domestic or qualified nonprofit corporation or association formed 8
2634 in whole or in part to promote conservation or natural beauty, to protect 9
2735 the environment, personal health or biological values, to preserve 10
2836 historical sites, to promote consumer interests, to represent commercial 11
2937 and industrial groups or to promote the orderly development of the 12
3038 areas in which the facility is to be located, if it has filed with the council 13
3139 a notice of intent to be a party; [and] (4) such other persons as the council 14
40+Raised Bill No. 7206
41+
42+
43+
44+LCO No. 6020 2 of 12
45+
3246 may at any time deem appropriate; and (5) the Consumer Counsel, as 15
3347 provided in subsection (b) of this section. 16
34-(b) The council may permit any person to participate as an intervenor, 17 Substitute Bill No. 7206
35-
36-
37-LCO 2 of 14
38-
48+(b) The council may permit any person to participate as an intervenor, 17
3949 in accordance with the provisions of section 4-177a, in a certification or 18
4050 amendment proceeding or a declaratory ruling proceeding. 19
4151 Notwithstanding the provisions of section 4-177a, for any proceeding 20
4252 pursuant to section 16-50k concerning a facility described in subdivision 21
4353 (1) of subsection (a) of section 16-50i, the council shall grant any person 22
4454 status as an intervenor in such proceeding if such person: (1) Submits a 23
4555 written petition to the council; and (2) is the owner of any property that 24
4656 abuts the proposed facility, or that abuts a right-of-way in which the 25
4757 proposed facility is to be located. The council shall grant party status to 26
48-the Consumer Counsel in any proceeding of the council that the 27
58+the Consumer Counsel to any proceeding of the council that the 27
4959 Consumer Counsel has determined may significantly impact electric 28
50-rates, upon the request of the Consumer Counsel to participate. 29
60+rates upon the request of the Consumer Counsel to participate. 29
5161 (c) The council in its discretion may provide for the grouping of 30
5262 parties and intervenors with the same interests. If such a group does not 31
5363 designate an agent for the service of notice and documents, the council 32
5464 shall designate such an agent, and notice and documents need be served 33
5565 only on the designated agent. Notwithstanding the provisions of this 34
5666 subsection, any party or intervenor who has been included in a group 35
5767 may, at any time by oral or written notice to the council, elect not to be 36
5868 a member of the group to the extent specified in such notice. 37
5969 (d) The Attorney General shall appoint an assistant attorney general 38
6070 or a special assistant attorney general to act as counsel for the 39
6171 Connecticut Siting Council. 40
6272 (e) Upon receipt of the application, the council may employ one or 41
63-more independent consultants, at the applicant's expense, to study and 42
64-measure the consequences of the proposed facility on the environment. 43
65-The council shall direct such consultant or consultants to study any 44
66-matter that the council deems important to an adequate appraisal of the 45
67-application. Any such study and any report issued as a result thereof 46
68-shall be part of the record of the proceeding. 47
69-(f) Any person may make a limited appearance at a hearing held 48
70-pursuant to the provisions of section 16-50m, prior thereto or within 49 Substitute Bill No. 7206
73+more independent consultants to study and measure the consequences 42
74+of the proposed facility on the environment. The council shall direct 43
75+such consultant or consultants to study any matter that the council 44
76+deems important to an adequate appraisal of the application. Any such 45
77+Raised Bill No. 7206
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81+LCO No. 6020 3 of 12
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83+study and any report issued as a result thereof shall be part of the record 46
84+of the proceeding. 47
85+(f) Any person may make a limited appearance at a hearing held 48
86+pursuant to the provisions of section 16-50m, prior thereto or within 49
7587 thirty days thereafter, entitling such person to file a statement in writing. 50
7688 At the discretion of the council any person may make a limited 51
7789 appearance at any such hearing to present an oral statement under oath. 52
7890 All papers and matters filed by a person making a limited appearance 53
7991 shall become part of the record. No person making a limited 54
8092 appearance, and not otherwise entitled to be a party, shall be a party or 55
8193 shall have the right to cross-examine witnesses, parties or intervenors. 56
8294 Sec. 2. Subsection (a) of section 16-2a of the general statutes is 57
8395 repealed and the following is substituted in lieu thereof (Effective October 58
8496 1, 2025): 59
8597 (a) There shall be an independent Office of Consumer Counsel, 60
8698 within the Department of Energy and Environmental Protection, for 61
8799 administrative purposes only, to act as the advocate for consumer 62
88100 interests in all matters which may affect Connecticut consumers with 63
89101 respect to public service companies, electric suppliers and certified 64
90102 telecommunications providers, including, but not limited to, rates and 65
91103 related issues, ratepayer-funded programs and matters concerning the 66
92104 reliability, maintenance, operations, infrastructure and quality of 67
93105 service of such companies, suppliers and providers. The Office of 68
94106 Consumer Counsel is authorized to appear in and participate in any 69
95107 regulatory or judicial proceedings, federal or state, in which such 70
96108 interests of Connecticut consumers may be involved, or in which 71
97109 matters affecting utility services rendered or to be rendered in this state 72
98110 may be involved. The Office of Consumer Counsel shall be a party to 73
99111 each contested case before the Public Utilities Regulatory Authority and 74
100-any proceeding of the Connecticut Siting Council, as described in 75
101-subsection (b) of section 16-50n, as amended by this act, and shall 76
102-participate in such cases or proceedings to the extent [it] the Consumer 77
103-Counsel deems necessary. Said Office of Consumer Counsel may appeal 78
104-from a decision, order or authorization in any such state regulatory 79
105-proceeding notwithstanding its failure to appear or participate in said 80
106-proceeding. 81
107-Sec. 3. Section 16-50l of the general statutes is amended by adding 82 Substitute Bill No. 7206
112+any proceeding of the Connecticut Siting Council and shall participate 75
113+in such cases or proceedings to the extent [it] the Consumer Counsel 76
114+deems necessary. Said Office of Consumer Counsel may appeal from a 77
115+Raised Bill No. 7206
108116
109117
110-LCO 4 of 14
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112-subsection (i) as follows (Effective October 1, 2025): 83
113-(NEW) (i) Any applicant that submits an initial application under this 84
114-section for a facility described in subsection (a) of section 16-50i that 85
115-retains a communicator lobbyist, as defined in section 1-91, for purposes 86
116-of influencing the public or interested parties concerning such 87
117-application, shall immediately provide electronic notice of such retainer 88
118-to (1) the council; (2) the Attorney General; (3) each member of the 89
119-legislature in whose assembly or senate district the facility or any 90
120-alternative location listed in the application is to be located; and (4) the 91
121-chief elected official of the municipality in which any portion of such 92
122-facility is to be located, both as primarily proposed and in the alternative 93
123-locations listed, and any adjoining municipality having a boundary not 94
124-more than two thousand five hundred feet from such facility. 95
125-Sec. 4. Subdivision (1) of subsection (a) of section 16-50l of the general 96
126-statutes is repealed and the following is substituted in lieu thereof 97
127-(Effective October 1, 2025): 98
128-(1) In the case of facilities described in subdivisions (1), (2) and (4) of 99
129-subsection (a) of section 16-50i: (A) A description, including estimated 100
130-costs, of the proposed transmission line, substation or switchyard, 101
131-covering, where applicable underground cable sizes and specifications, 102
132-overhead tower design and appearance and heights, if any, conductor 103
133-sizes, and initial and ultimate voltages and capacities; (B) a statement 104
134-and full explanation of why the proposed transmission line, substation 105
135-or switchyard is necessary and how the facility conforms to a long-range 106
136-plan for expansion of the electric power grid serving the state and 107
137-interconnected utility systems, that will serve the public need for 108
138-adequate, reliable and economic service; (C) a map of suitable scale of 109
139-the proposed routing or site, showing details of the rights-of-way or site 110
140-in the vicinity of settled areas, parks, recreational areas and scenic areas, 111
141-residential areas, private or public schools, child care centers, as 112
142-described in section 19a-77, group child care homes, as described in 113
143-section 19a-77, family child care homes, as described in section 19a-77, 114
144-licensed youth camps, and public playgrounds and showing existing 115 Substitute Bill No. 7206
119+LCO No. 6020 4 of 12
120+
121+decision, order or authorization in any such state regulatory proceeding 78
122+notwithstanding its failure to appear or participate in said proceeding. 79
123+Sec. 3. Section 16-50l of the general statutes is amended by adding 80
124+subsection (i) as follows (Effective October 1, 2025): 81
125+(NEW) (i) Any applicant that submits an initial application under this 82
126+section for a facility described in subsection (a) of section 16-50i that 83
127+retains a communicator lobbyist, as defined in section 1-91, for purposes 84
128+of influencing the public or interested parties concerning such 85
129+application, shall immediately provide electronic notice of such retainer 86
130+to (1) the council; (2) the Attorney General; (3) each member of the 87
131+legislature in whose assembly or senate district the facility or any 88
132+alternative location listed in the application is to be located; and (4) the 89
133+chief elected official of the municipality in which any portion of such 90
134+facility is to be located, both as primarily proposed and in the alternative 91
135+locations listed, and any adjoining municipality having a boundary not 92
136+more than two thousand five hundred feet from such facility. 93
137+Sec. 4. Subdivision (1) of subsection (a) of section 16-50l of the general 94
138+statutes is repealed and the following is substituted in lieu thereof 95
139+(Effective October 1, 2025): 96
140+(1) In the case of facilities described in subdivisions (1), (2) and (4) of 97
141+subsection (a) of section 16-50i: (A) A description, including estimated 98
142+costs, of the proposed transmission line, substation or switchyard, 99
143+covering, where applicable underground cable sizes and specifications, 100
144+overhead tower design and appearance and heights, if any, conductor 101
145+sizes, and initial and ultimate voltages and capacities; (B) a statement 102
146+and full explanation of why the proposed transmission line, substation 103
147+or switchyard is necessary and how the facility conforms to a long-range 104
148+plan for expansion of the electric power grid serving the state and 105
149+interconnected utility systems, that will serve the public need for 106
150+adequate, reliable and economic service; (C) a map of suitable scale of 107
151+the proposed routing or site, showing details of the rights-of-way or site 108
152+Raised Bill No. 7206
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148155
149-transmission lines within one mile of the proposed route or site; (D) a 116
150-justification for adoption of the route or site selected, including 117
151-comparison with alternative routes or sites which are environmentally, 118
152-technically and economically practical, and, in the case of a proposed 119
153-repair, upgrade, replacement or enhancement, detailed studies of 120
154-alternative solutions to repairing existing electric transmission lines, 121
155-with consideration of at least one type of electric grid-enhancing 122
156-technology; (E) a description of the effect of the proposed transmission 123
157-line, substation or switchyard on the environment, ecology, and scenic, 124
158-historic and recreational values; (F) a justification for overhead portions, 125
159-if any, including life-cycle cost studies comparing overhead alternatives 126
160-with underground alternatives, and effects described in subparagraph 127
161-(E) of this subdivision of undergrounding; (G) a schedule of dates 128
162-showing the proposed program of right-of-way or property acquisition, 129
163-construction, completion and operation and, in the case of any facility 130
164-described in subdivision (1) of subsection (a) of section 16-50i, or any 131
165-modification of such a facility, (i) any appraisal completed by an 132
166-independent appraiser on behalf of the applicant concerning fair 133
167-compensation that is to be provided to an owner of real property in 134
168-connection with the necessity of entering a right-of-way, including any 135
169-easements or land acquisition, and (ii) for property that the applicant 136
170-does not own, lease or otherwise have access to, the applicant shall 137
171-exercise due diligence to seek permission to gain access to such 138
172-property. Evidence of due diligence shall be established by the 139
173-submission of: (I) Certified mail, return receipt requested, letters sent to 140
174-the owner or owners of record of such property requesting access to the 141
175-property; and (II) an affidavit from the applicant stating that the 142
176-applicant was not provided access to the property and, in the absence of 143
177-permission to access the property, the applicant made visual inspections 144
178-of the property to document existing conditions from public rights-of-145
179-way, existing utility rights-of-way or other accessible properties within 146
180-or surrounding the proposed facility site; (H) an identification of each 147
181-federal, state, regional, district and municipal agency with which 148
182-proposed route or site reviews have been undertaken, including a copy 149
183-of each written agency position on such route or site; [and] (I) an 150 Substitute Bill No. 7206
156+LCO No. 6020 5 of 12
157+
158+in the vicinity of settled areas, parks, recreational areas and scenic areas, 109
159+residential areas, private or public schools, child care centers, as 110
160+described in section 19a-77, group child care homes, as described in 111
161+section 19a-77, family child care homes, as described in section 19a-77, 112
162+licensed youth camps, and public playgrounds and showing existing 113
163+transmission lines within one mile of the proposed route or site; (D) a 114
164+justification for adoption of the route or site selected, including 115
165+comparison with alternative routes or sites which are environmentally, 116
166+technically and economically practical, and, in the case of a proposed 117
167+repair, detailed studies of alternative solutions to repairing existing 118
168+electric transmission lines, with consideration of at least one type of 119
169+electric grid-enhancing technology; (E) a description of the effect of the 120
170+proposed transmission line, substation or switchyard on the 121
171+environment, ecology, and scenic, historic and recreational values; (F) a 122
172+justification for overhead portions, if any, including life-cycle cost 123
173+studies comparing overhead alternatives with underground 124
174+alternatives, and effects described in subparagraph (E) of this 125
175+subdivision of undergrounding; (G) a schedule of dates showing the 126
176+proposed program of right -of-way or property acquisition, 127
177+construction, completion and operation and, in the case of any facility 128
178+described in subdivision (1) of subsection (a) of section 16-50i, or any 129
179+modification of such a facility, (i) any appraisal completed by an 130
180+independent appraiser on behalf of the applicant concerning fair 131
181+compensation that is to be provided to an owner of real property in 132
182+connection with the necessity of entering a right-of-way, including any 133
183+easements or land acquisition, and (ii) for property that the applicant 134
184+does not own, lease or otherwise have access to, the applicant shall 135
185+exercise due diligence to seek permission to gain access to such 136
186+property. Evidence of due diligence shall be established by the 137
187+submission of: (I) Certified mail, return receipt requested, letters sent to 138
188+the owner or owners of record of such property requesting access to the 139
189+property; and (II) an affidavit from the applicant stating that the 140
190+applicant was not provided access to the property and, in the absence of 141
191+permission to access the property, the applicant made visual inspections 142
192+Raised Bill No. 7206
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185194
186-LCO 6 of 14
187195
188-assessment of the impact of any electromagnetic fields to be produced 151
189-by the proposed transmission line; (J) data for the preceding two years, 152
190-by quarter, regarding the earned and authorized return on equity on 153
191-related projects subject to the jurisdiction of the council; (K) an estimate 154
192-of the return on investment for the proposed facility that is the subject 155
193-of such application, and (L) an estimate of the impact of the proposed 156
194-transmission line, substation or switchyard on regional network service 157
195-and local network service rates for electric distribution companies, and 158
196-accompanying calculations, including any underlying assumptions for 159
197-such estimate; 160
198-Sec. 5. Subdivision (3) of subsection (a) of section 16-50l of the general 161
199-statutes is repealed and the following is substituted in lieu thereof 162
200-(Effective October 1, 2025): 163
201-(3) In addition to the requirements of subdivisions (1) and (2) of this 164
202-subsection, in the case of any facility described in subdivision (1) of 165
203-subsection (a) of section 16-50i, or any modification of such a facility: (A) 166
204-A description of the estimated initial and life-cycle costs for the facility 167
205-or modification, as applicable, and for each feasible and practical 168
206-alternative; (B) an estimate of the regionalized and localized costs for the 169
207-facility or modification, as applicable, and for each feasible and practical 170
208-alternative, in accordance with the regional independent system 171
209-operator's procedure for pool-supported pool transmission facilities 172
210-cost review, or a successor procedure; (C) for any difference between the 173
211-estimated total costs and estimated localized costs, an analysis of the 174
212-benefits associated with such cost difference; (D) not later than thirty 175
213-days after the filing of the application, a detailed analysis from an 176
214-independent engineer selected by the council of any nontransmission 177
215-alternatives to the proposed facility or proposed modification, as 178
216-applicable; and (E) (i) for the ten-year period preceding the date of the 179
217-application, the actual loads for existing transmission lines in the area 180
218-where the proposed [transmission line] facility is to be located, (ii) for 181
219-the ten-year period following the date of the application, the projected 182
220-load for any proposed transmission line, (iii) for the ten-year period 183
221-preceding the date of application, the performance of all electric circuits 184 Substitute Bill No. 7206
196+LCO No. 6020 6 of 12
197+
198+of the property to document existing conditions from public rights-of-143
199+way, existing utility rights-of-way or other accessible properties within 144
200+or surrounding the proposed facility site; (H) an identification of each 145
201+federal, state, regional, district and municipal agency with which 146
202+proposed route or site reviews have been undertaken, including a copy 147
203+of each written agency position on such route or site; [and] (I) an 148
204+assessment of the impact of any electromagnetic fields to be produced 149
205+by the proposed transmission line; (J) data for the preceding two years, 150
206+by quarter, regarding the earned and authorized return on equity on 151
207+related projects subject to the jurisdiction of the council; (K) an estimate 152
208+of the return on investment for the proposed facility that is the subject 153
209+of such application, and (L) an estimate of the impact of the proposed 154
210+transmission line, substation or switchyard on regional network service 155
211+and local network service rates for electric distribution companies, and 156
212+accompanying calculations, including any underlying assumptions for 157
213+such estimate; 158
214+Sec. 5. Subdivision (3) of subsection (a) of section 16-50l of the general 159
215+statutes is repealed and the following is substituted in lieu thereof 160
216+(Effective October 1, 2025): 161
217+(3) In addition to the requirements of subdivisions (1) and (2) of this 162
218+subsection, in the case of any facility described in subdivision (1) of 163
219+subsection (a) of section 16-50i, or any modification of such a facility: (A) 164
220+A description of the estimated initial and life-cycle costs for the facility 165
221+or modification, as applicable, and for each feasible and practical 166
222+alternative; (B) an estimate of the regionalized and localized costs for the 167
223+facility or modification, as applicable, and for each feasible and practical 168
224+alternative, in accordance with the regional independent system 169
225+operator's procedure for pool-supported pool transmission facilities 170
226+cost review, or a successor procedure; (C) for any difference between the 171
227+estimated total costs and estimated localized costs, an analysis of the 172
228+benefits associated with such cost difference; (D) not later than thirty 173
229+days after the filing of the application, a detailed analysis from an 174
230+independent engineer selected by the council of any nontransmission 175
231+Raised Bill No. 7206
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225234
226-for existing transmission lines in the area where the proposed 185
227-transmission line is to be located, including a description of all service 186
228-outages or disruptions, any cause for such outage or disruption and the 187
229-time required to restore service following such outages or disruptions, 188
230-and (iv) a statement of loads and resources, as described in subsection 189
231-(a) of section 16-50r, and all planning studies conducted by the regional 190
232-independent system operator or the applicant associated with the 191
233-proposed facility. 192
234-Sec. 6. Section 16-19d of the general statutes is repealed and the 193
235-following is substituted in lieu thereof (Effective October 1, 2025): 194
236-(a) As used in this section: 195
237-(1) "Advertising" means the commercial use of any media, including, 196
238-but not limited to, newspaper and all other forms of print, radio, [and] 197
239-television and Internet, in order to transmit a message to a substantial 198
240-number of members of the public or customers of a public service 199
241-company; 200
242-(2) "Political advertising" means any advertising for the purpose of 201
243-influencing public opinion with respect to any legislative, 202
244-administrative or electoral decision or with respect to any controversial 203
245-issue of public importance; 204
246-(3) "Institutional advertising" means any advertising which is 205
247-designed to create, enhance or sustain a public service company's image 206
248-or good will with regard to the general public or its customers; 207
249-(4) "Promotional advertising" means any advertising that has the 208
250-purpose of inducing the public to select or use the service or additional 209
251-service of a public service company or select or install any appliance or 210
252-equipment designed to use such service, provided such advertising 211
253-shall not include advertising authorized by order or regulation of the 212
254-Public Utilities Regulatory Authority. 213
255-(b) The cost of political, institutional or promotional advertising of 214 Substitute Bill No. 7206
235+LCO No. 6020 7 of 12
236+
237+alternatives to the proposed facility or proposed modification, as 176
238+applicable; and (E) (i) for the ten-year period preceding the date of the 177
239+application, the actual loads for existing transmission lines in the area 178
240+where the proposed transmission line is to be located, (ii) for the ten-179
241+year period following the date of the application, the projected load for 180
242+any proposed transmission line, (iii) for the ten-year period preceding 181
243+the date of application, the performance of all electric circuits for 182
244+existing transmission lines in the area where the proposed transmission 183
245+line is to be located, including a description of all service outages or 184
246+disruptions, any cause for such outage or disruption and the time 185
247+required to restore service following such outages or disruptions, and 186
248+(iv) a statement of loads and resources, as described in subsection (a) of 187
249+section 16-50r, and all planning studies conducted by the regional 188
250+independent system operator or the applicant associated with the 189
251+proposed facility. 190
252+Sec. 6. Section 16-19d of the general statutes is repealed and the 191
253+following is substituted in lieu thereof (Effective October 1, 2025): 192
254+(a) As used in this section: 193
255+(1) "Advertising" means the commercial use of any media, including, 194
256+but not limited to, newspaper and all other forms of print, radio, [and] 195
257+television and Internet, in order to transmit a message to a substantial 196
258+number of members of the public or customers of a public service 197
259+company; 198
260+(2) "Political advertising" means any advertising for the purpose of 199
261+influencing public opinion with respect to any legislative, 200
262+administrative or electoral decision or with respect to any controversial 201
263+issue of public importance; 202
264+(3) "Institutional advertising" means any advertising which is 203
265+designed to create, enhance or sustain a public service company's image 204
266+or good will with regard to the general public or its customers; 205
267+Raised Bill No. 7206
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260-any gas company or electric distribution company and the cost of 215
261-political or institutional advertising of any telephone company shall not 216
262-be deemed to be an operating expense in any rate schedule proceedings 217
263-held pursuant to section 16-19. For the purposes of this section, political, 218
264-institutional or promotional advertising shall not be deemed to include 219
265-reasonable expenditures for (1) the publication or distribution of 220
266-existing or proposed tariffs or rate schedules; (2) notices required by law 221
267-or regulation; (3) public information regarding service interruptions, 222
268-safety measures, emergency conditions, employment opportunities or 223
269-the means by which customers can conserve energy or make efficient 224
270-and economical use of service; (4) the promotion or marketing of 225
271-efficient gas and electric equipment which the Public Utilities 226
272-Regulatory Authority determines: (A) Is consistent with the state's 227
273-energy policy; (B) is consistent with integrated resource planning 228
274-principles; (C) provides net economic benefit to such company's 229
275-customers; and (D) shall not have the primary purpose of promoting 230
276-one fuel over another; or (5) advertising by a gas company that is 231
277-necessary as a result of competition created by actions and decisions of 232
278-the Federal Energy Regulatory Commission and the Public Utilities 233
279-Regulatory Authority. Such advertising shall be limited to the express 234
280-purpose of promoting gas companies in competition with other 235
281-providers and marketers of natural gas. Such advertising shall not 236
282-include any promotions, cash, equipment, installation or service 237
283-subsidies for the conversion to natural gas from any other energy 238
284-source. 239
285-(c) A public service company shall [make application] apply to the 240
286-authority for determination that equipment meets the requirements of 241
287-subdivision (4) of subsection (b) of this section. The authority shall, to 242
288-the extent practicable, make such determination within one hundred 243
289-twenty days of such filing. All reasonable and proper expenses, required 244
290-by the authority and the Office of Consumer Counsel, including, but not 245
291-limited to, the costs associated with analysis, testing, evaluation and 246
292-testimony at a public hearing or other proceeding, shall be borne by the 247
293-company and shall be paid by the company at such times and in such 248 Substitute Bill No. 7206
271+LCO No. 6020 8 of 12
272+
273+(4) "Promotional advertising" means any advertising that has the 206
274+purpose of inducing the public to select or use the service or additional 207
275+service of a public service company or select or install any appliance or 208
276+equipment designed to use such service, provided such advertising 209
277+shall not include advertising authorized by order or regulation of the 210
278+Public Utilities Regulatory Authority. 211
279+(b) The cost of political, institutional or promotional advertising of 212
280+any gas company or electric distribution company and the cost of 213
281+political or institutional advertising of any telephone company shall not 214
282+be deemed to be an operating expense in any rate schedule proceedings 215
283+held pursuant to section 16-19. For the purposes of this section, political, 216
284+institutional or promotional advertising shall not be deemed to include 217
285+reasonable expenditures for (1) the publication or distribution of 218
286+existing or proposed tariffs or rate schedules; (2) notices required by law 219
287+or regulation; (3) public information regarding service interruptions, 220
288+safety measures, emergency conditions, employment opportunities or 221
289+the means by which customers can conserve energy or make efficient 222
290+and economical use of service; (4) the promotion or marketing of 223
291+efficient gas and electric equipment which the Public Utilities 224
292+Regulatory Authority determines: (A) Is consistent with the state's 225
293+energy policy; (B) is consistent with integrated resource planning 226
294+principles; (C) provides net economic benefit to such company's 227
295+customers; and (D) shall not have the primary purpose of promoting 228
296+one fuel over another; or (5) advertising by a gas company that is 229
297+necessary as a result of competition created by actions and decisions of 230
298+the Federal Energy Regulatory Commission and the Public Utilities 231
299+Regulatory Authority. Such advertising shall be limited to the express 232
300+purpose of promoting gas companies in competition with other 233
301+providers and marketers of natural gas. Such advertising shall not 234
302+include any promotions, cash, equipment, installation or service 235
303+subsidies for the conversion to natural gas from any other energy 236
304+source. 237
305+(c) A public service company shall [make application] apply to the 238
306+Raised Bill No. 7206
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298-manner as the authority directs. 249
299-(d) The authority shall not allocate any expenditures made by a gas 250
300-company pursuant to subdivision (5) of subsection (b) of this section to 251
301-residential customers in any rate schedule proceedings held pursuant to 252
302-section 16-19 unless the authority finds that effective competition in the 253
303-residential gas market already exists. 254
304-(e) The authority shall adopt regulations to carry out the purposes of 255
305-subsections (a) and (b) of this section. 256
306-(f) Each gas or electric distribution company shall conspicuously 257
307-indicate in all of its advertising whether the costs of the advertising are 258
308-being paid for by the company's shareholders, its customers or both. 259
309-Sec. 7. Section 16-243gg of the general statutes is repealed and the 260
310-following is substituted in lieu thereof (Effective October 1, 2025): 261
311-(a) No electric distribution company, gas company, pipeline 262
312-company or water company [, as such terms are defined in section 16-263
313-1,] shall recover through rates any direct or indirect cost associated with 264
314-membership, dues, sponsorships or contributions to a business or 265
315-industry trade association, group or related entity incorporated under 266
316-Section 501 of the Internal Revenue Code of 1986, or any subsequent 267
317-corresponding internal revenue code of the United States, as amended 268
318-from time to time. 269
319-(b) No electric distribution company, gas company, pipeline 270
320-company or water company, as such terms are defined in section 16-1, 271
321-shall recover through rates any direct or indirect cost associated with 272
322-lobbying or legislative action, as such terms are defined in section 1-91. 273
323-(c) No electric distribution company, gas company, pipeline 274
324-company or water company [, as such terms are defined in section 16-275
325-1,] shall recover through rates any direct or indirect cost associated with 276
326-advertising, marketing, communications that seek to influence public 277
327-opinion or any other related costs identified by the authority, unless 278 Substitute Bill No. 7206
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312+authority for determination that equipment meets the requirements of 239
313+subdivision (4) of subsection (b) of this section. The authority shall, to 240
314+the extent practicable, make such determination within one hundred 241
315+twenty days of such filing. All reasonable and proper expenses, required 242
316+by the authority and the Office of Consumer Counsel, including, but not 243
317+limited to, the costs associated with analysis, testing, evaluation and 244
318+testimony at a public hearing or other proceeding, shall be borne by the 245
319+company and shall be paid by the company at such times and in such 246
320+manner as the authority directs. 247
321+(d) The authority shall not allocate any expenditures made by a gas 248
322+company pursuant to subdivision (5) of subsection (b) of this section to 249
323+residential customers in any rate schedule proceedings held pursuant to 250
324+section 16-19 unless the authority finds that effective competition in the 251
325+residential gas market already exists. 252
326+(e) The authority shall adopt regulations to carry out the purposes of 253
327+subsections (a) and (b) of this section. 254
328+(f) Each gas or electric distribution company shall conspicuously 255
329+indicate in all of its advertising whether the costs of the advertising are 256
330+being paid for by the company's shareholders, its customers or both. 257
331+Sec. 7. Section 16-243gg of the general statutes is repealed and the 258
332+following is substituted in lieu thereof (Effective October 1, 2025): 259
333+(a) No electric distribution company, gas company, pipeline 260
334+company or water company [, as such terms are defined in section 16-261
335+1,] shall recover through rates any direct or indirect cost associated with 262
336+membership, dues, sponsorships or contributions to a business or 263
337+industry trade association, group or related entity incorporated under 264
338+Section 501 of the Internal Revenue Code of 1986, or any subsequent 265
339+corresponding internal revenue code of the United States, as amended 266
340+from time to time. 267
341+(b) No electric distribution company, gas company, pipeline 268
342+Raised Bill No. 7206
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332-such marketing, advertising, communications or related costs are 279
333-specifically approved or ordered by the authority or the Department of 280
334-Energy and Environmental Protection. 281
335-(d) No electric distribution company, gas company, pipeline 282
336-company or water company [, as such terms are defined in section 16-283
337-1,] shall recover through rates any direct or indirect cost associated with 284
338-(1) travel, lodging or food and beverage expenses for such company's 285
339-board of directors and officers or the board of directors and officers of 286
340-such company's parent company; (2) entertainment or gifts; (3) any 287
341-owned, leased or chartered aircraft for such company's board of 288
342-directors and officers or the board of directors and officers of such 289
343-company's parent company; or (4) investor relations. 290
344-(e) No electric distribution company shall recover through rates any 291
345-direct or indirect cost associated with (1) promoting the company's 292
346-application before the Connecticut Siting Council, including, but not 293
347-limited to, consulting, data and analytics, franking, fundraising, market 294
348-research, community engagement and Internet web site development, 295
349-or (2) preparing for a proceeding before the Connecticut Siting Council, 296
350-including any appeal from a proceeding of the council. 297
351-[(e)] (f) On or before January 15, 2024, and annually thereafter, each 298
352-electric distribution company, gas company, pipeline company or water 299
353-company [, as such terms are defined in section 16-1,] with more than 300
354-seventy-five thousand customers shall report to the authority an 301
355-itemized list of costs associated with the activities described in this 302
356-section and subsection (b) of section 16-243p in a form prescribed by the 303
357-authority. Such report shall include, but need not be limited to: (1) Any 304
358-costs spent by the parent company or affiliates of the public service 305
359-company directly billed or allocated to the public service company; (2) 306
360-a list of the title, job description and salary of any employees of the 307
361-public service company who performed work associated with the 308
362-activities described in this section or in subsection (b) of section 16-243p 309
363-and the hours attributed to such work; (3) a list of the title, job 310
364-description and salary of any employees of the parent company or 311 Substitute Bill No. 7206
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348+company or water company, as such terms are defined in section 16-1, 269
349+shall recover through rates any direct or indirect cost associated with 270
350+lobbying or legislative action, as such terms are defined in section 1-91. 271
351+(c) No electric distribution company, gas company, pipeline 272
352+company or water company [, as such terms are defined in section 16-273
353+1,] shall recover through rates any direct or indirect cost associated with 274
354+advertising, marketing, communications that seek to influence public 275
355+opinion or any other related costs identified by the authority, unless 276
356+such marketing, advertising, communications or related costs are 277
357+specifically approved or ordered by the authority or the Department of 278
358+Energy and Environmental Protection. 279
359+(d) No electric distribution company, gas company, pipeline 280
360+company or water company [, as such terms are defined in section 16-281
361+1,] shall recover through rates any direct or indirect cost associated with 282
362+(1) travel, lodging or food and beverage expenses for such company's 283
363+board of directors and officers or the board of directors and officers of 284
364+such company's parent company; (2) entertainment or gifts; (3) any 285
365+owned, leased or chartered aircraft for such company's board of 286
366+directors and officers or the board of directors and officers of such 287
367+company's parent company; or (4) investor relations. 288
368+(e) No electric distribution company shall recover through rates any 289
369+direct or indirect cost associated with (1) promoting the company's 290
370+application before the Connecticut Siting Council, including, but not 291
371+limited to, consulting, data and analytics, franking, fundraising, market 292
372+research, community engagement and Internet web site development, 293
373+or (2) preparing for a proceeding before the Connecticut Siting Council, 294
374+including any appeal from a proceeding of the council. 295
375+[(e)] (f) On or before January 15, 2024, and annually thereafter, each 296
376+electric distribution company, gas company, pipeline company or water 297
377+company [, as such terms are defined in section 16-1,] with more than 298
378+seventy-five thousand customers shall report to the authority an 299
379+Raised Bill No. 7206
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369-affiliate who performed work associated with the activities described in 312
370-this section or in subsection (b) of section 16-243p and the hours 313
371-attributed to such work that were directly billed or allocated to the 314
372-public service company; (4) an itemized list of costs that the public 315
373-service company made to all third-party vendors for any expenses 316
374-associated with the activities described in this section or in subsection 317
375-(b) of section 16-243p including unredacted billing amounts, billing 318
376-dates, payees and explanation of the expenditure in detail sufficient to 319
377-describe the purpose of the cost; and (5) any other itemized information 320
378-deemed relevant by the authority. No electric distribution company, gas 321
379-company, pipeline company or water company [, as such terms are 322
380-defined in section 16-1,] shall recover through rates any costs associated 323
381-with the preparation of such report. 324
382-Sec. 8. Subsection (g) of section 16-50j of the general statutes is 325
383-repealed and the following is substituted in lieu thereof (Effective October 326
384-1, 2025): 327
385-(g) The council shall employ such employees as may be necessary to 328
386-carry out the provisions of this chapter, and such employees shall, in the 329
387-aggregate, have sufficient expertise in engineering and financial 330
388-analysis to carry out the provisions of this chapter, provided the council 331
389-shall employ at least one employee dedicated to facilitating the 332
390-engagement of interested parties in a proceeding and providing a plain 333
391-language summary of proceedings. 334
392-Sec. 9. Subsection (a) of section 16-245l of the general statutes is 335
393-repealed and the following is substituted in lieu thereof (Effective October 336
394-1, 2025): 337
395-(a) The Public Utilities Regulatory Authority shall establish, and each 338
396-electric distribution company shall collect, a systems benefits charge to 339
397-be imposed against all end use customers of each electric distribution 340
398-company beginning January 1, 2000. The authority shall hold a hearing 341
399-that shall be conducted as a contested case in accordance with chapter 342
400-54 to establish the amount of the systems benefits charge. The authority 343 Substitute Bill No. 7206
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385+itemized list of costs associated with the activities described in this 300
386+section and subsection (b) of section 16-243p in a form prescribed by the 301
387+authority. Such report shall include, but need not be limited to: (1) Any 302
388+costs spent by the parent company or affiliates of the public service 303
389+company directly billed or allocated to the public service company; (2) 304
390+a list of the title, job description and salary of any employees of the 305
391+public service company who performed work associated with the 306
392+activities described in this section or in subsection (b) of section 16-243p 307
393+and the hours attributed to such work; (3) a list of the title, job 308
394+description and salary of any employees of the parent company or 309
395+affiliate who performed work associated with the activities described in 310
396+this section or in subsection (b) of section 16-243p and the hours 311
397+attributed to such work that were directly billed or allocated to the 312
398+public service company; (4) an itemized list of costs that the public 313
399+service company made to all third-party vendors for any expenses 314
400+associated with the activities described in this section or in subsection 315
401+(b) of section 16-243p including unredacted billing amounts, billing 316
402+dates, payees and explanation of the expenditure in detail sufficient to 317
403+describe the purpose of the cost; and (5) any other itemized information 318
404+deemed relevant by the authority. No electric distribution company, gas 319
405+company, pipeline company or water company [, as such terms are 320
406+defined in section 16-1,] shall recover through rates any costs associated 321
407+with the preparation of such report. 322
408+Sec. 8. Subsection (g) of section 16-50j of the general statutes is 323
409+repealed and the following is substituted in lieu thereof (Effective October 324
410+1, 2025): 325
411+(g) The council shall employ such employees as may be necessary to 326
412+carry out the provisions of this chapter, and such employees shall, in the 327
413+aggregate, have sufficient expertise in engineering and financial 328
414+analysis to carry out the provisions of this chapter, provided the council 329
415+shall employ at least one employee dedicated to facilitating the 330
416+engagement of interested parties in a proceeding and providing a plain 331
417+language summary of proceedings. 332
418+Raised Bill No. 7206
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405-may revise the systems benefits charge or any element of said charge as 344
406-the need arises. Commencing on July 1, 2015, and annually thereafter, 345
407-the sum of two million one hundred thousand dollars shall be 346
408-transferred from the systems benefits charge to Operation Fuel, 347
409-Incorporated, for energy assistance, provided two hundred thousand 348
410-dollars of such sum may be used for administrative purposes. The 349
411-systems benefits charge shall also be used to fund (1) the expenses of the 350
412-public education outreach program developed under section 16-244d 351
413-other than expenses for authority staff, (2) the cost of hardship 352
414-protection measures under sections 16-262c and 16-262d and other 353
415-hardship protections, including, but not limited to, electric service bill 354
416-payment programs, funding and technical support for energy 355
417-assistance, fuel bank and weatherization programs and weatherization 356
418-services, (3) the payment program to offset tax losses described in 357
419-section 12-94d, (4) any sums paid to a resource recovery authority 358
420-pursuant to subsection (b) of section 16-243e, (5) low income 359
421-conservation programs approved by the Public Utilities Regulatory 360
422-Authority, (6) displaced worker protection costs, (7) unfunded storage 361
423-and disposal costs for spent nuclear fuel generated before January 1, 362
424-2000, approved by the appropriate regulatory agencies, (8) 363
425-postretirement safe shutdown and site protection costs that are incurred 364
426-in preparation for decommissioning, (9) decommissioning fund 365
427-contributions, (10) costs associated with the Connecticut electric 366
428-efficiency partner program established pursuant to section 16-243v, (11) 367
429-reinvestments and investments in energy efficiency programs and 368
430-technologies pursuant to section 16a-38l, costs associated with the 369
431-electricity conservation incentive program established pursuant to 370
432-section 119 of public act 07-242, (12) legal, appraisal and purchase costs 371
433-of a conservation or land use restriction and other related costs as the 372
434-authority in its discretion deems appropriate, incurred by a 373
435-municipality on or before January 1, 2000, to ensure the environmental, 374
436-recreational and scenic preservation of any reservoir located within this 375
437-state created by a pump storage hydroelectric generating facility, [and] 376
438-(13) the residential furnace and boiler replacement program pursuant to 377
439-subsection (k) of section 16-243v, and (14) costs associated with hiring 378 Substitute Bill No. 7206
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444-employees for the Office of the Consumer Counsel to enable the office 379
445-to participate in proceedings of the Connecticut Siting Council that the 380
446-Consumer Counsel has determined may significantly impact electric 381
447-rates. As used in this subsection, "displaced worker protection costs" 382
448-means the reasonable costs incurred, prior to January 1, 2008, (A) by an 383
449-electric supplier, exempt wholesale generator, electric company, an 384
450-operator of a nuclear power generating facility in this state or a 385
451-generation entity or affiliate arising from the dislocation of any 386
452-employee other than an officer, provided such dislocation is a result of 387
453-(i) restructuring of the electric generation market and such dislocation 388
454-occurs on or after July 1, 1998, or (ii) the closing of a Title IV source or 389
455-an exempt wholesale generator, as defined in 15 USC 79z-5a, on or after 390
456-January 1, 2004, as a result of such source's failure to meet requirements 391
457-imposed as a result of sections 22a-197 and 22a-198 and this section or 392
458-those Regulations of Connecticut State Agencies adopted by the 393
459-Department of Energy and Environmental Protection, as amended from 394
460-time to time, in accordance with Executive Order Number 19, issued on 395
461-May 17, 2000, and provided further such costs result from either the 396
462-execution of agreements reached through collective bargaining for 397
463-union employees or from the company's or entity's or affiliate's 398
464-programs and policies for nonunion employees, and (B) by an electric 399
465-distribution company or an exempt wholesale generator arising from 400
466-the retraining of a former employee of an unaffiliated exempt wholesale 401
467-generator, which employee was involuntarily dislocated on or after 402
468-January 1, 2004, from such wholesale generator, except for cause. 403
469-"Displaced worker protection costs" includes costs incurred or projected 404
470-for severance, retraining, early retirement, outplacement, coverage for 405
471-surviving spouse insurance benefits and related expenses. 406
472-Sec. 10. Subsection (e) of section 16-2a of the general statutes is 407
473-repealed and the following is substituted in lieu thereof (Effective October 408
474-1, 2025): 409
475-(e) The Consumer Counsel shall hire such staff as necessary to 410
476-perform the duties of said Office of Consumer Counsel, including, but 411
477-not limited to, a public utilities engineer, public utilities examiner, staff 412 Substitute Bill No. 7206
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479-
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482-attorney and communications and outreach associate, and may employ 413
483-from time to time outside consultants knowledgeable in the utility 414
484-regulation field including, but not limited to, economists, capital cost 415
485-experts, [and] rate design experts and engineers. Any staff hired or 416
486-consultant employed to perform the duties associated with the 417
487-Consumer Counsel's party status to certain proceedings of the 418
488-Connecticut Siting Council shall be funded by the systems benefits 419
489-charge imposed under section 16-245l, as amended by this act. The 420
490-salaries and qualifications of the individuals so hired shall be 421
491-determined by the Commissioner of Administrative Services pursuant 422
492-to section 4-40. 423
493424 This act shall take effect as follows and shall amend the following
494425 sections:
495426
496427 Section 1 October 1, 2025 16-50n
497428 Sec. 2 October 1, 2025 16-2a(a)
498429 Sec. 3 October 1, 2025 16-50l(i)
499430 Sec. 4 October 1, 2025 16-50l(a)(1)
500431 Sec. 5 October 1, 2025 16-50l(a)(3)
501432 Sec. 6 October 1, 2025 16-19d
502433 Sec. 7 October 1, 2025 16-243gg
503434 Sec. 8 October 1, 2025 16-50j(g)
504-Sec. 9 October 1, 2025 16-245l(a)
505-Sec. 10 October 1, 2025 16-2a(e)
506435
507-Statement of Legislative Commissioners:
508-In Section 2(a), ", as described in subsection (b) of section 16-50n, as
509-amended by this act" was added for consistency.
436+Statement of Purpose:
437+To modify provisions concerning the Connecticut Siting Council,
438+including by establishing the Consumer Counsel as a party in
439+proceedings, requiring disclosure of utility retention of lobbyists and
440+excluding lobbying and certain other costs from being considered
441+operating costs for ratemaking purposes and modifying submission and
442+notification requirements for council applications.
510443
511-GAE Joint Favorable Subst.
444+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
445+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
446+underlined.]
512447