Connecticut 2025 Regular Session

Connecticut Senate Bill SB01193 Latest Draft

Bill / Introduced Version Filed 01/29/2025

                                
 
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General Assembly  Raised Bill No. 1193  
January Session, 2025 
LCO No. 2482 
 
 
Referred to Committee on ENERGY AND TECHNOLOGY  
 
 
Introduced by:  
(ET)  
 
 
 
 
AN ACT CONCERNING THE COMPOSITION OF THE PUBLIC 
UTILITIES REGULATORY AUTHORITY. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 16-2 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2025): 2 
(a) There shall continue to be a Public Utilities Regulatory Authority 3 
within the Department of Energy and Environmental Protection, which 4 
shall consist of [five electors of this state,] three utility commissioners, 5 
each of whom shall be an elector of the state and appointed by the 6 
Governor with the advice and consent of both houses of the General 7 
Assembly. Not more than [three members] two utility commissioners of 8 
said authority in office at any one time shall be members of any one 9 
political party. [The Governor shall appoint five members to the 10 
authority.] The procedure prescribed in section 4-7 shall apply to such 11 
appointments, except that the Governor shall submit each nomination 12 
on or before May first, and both houses shall confirm or reject it before 13 
adjournment sine die. Any utility commissioner appointed by the 14 
Governor and confirmed by both chambers of the General Assembly 15     
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between February 1, 2019, and June 1, 2019, shall serve a term expiring 16 
on March 1, 2024. [Any utility commissioner appointed by the Governor 17 
and confirmed by both houses of the General Assembly between 18 
February 1, 2018, and June 1, 2018, shall serve a term expiring on March 19 
1, 2022. Between July 1, 2019, and May 1, 2020, the Governor shall 20 
appoint three utility commissioners, provided one such commissioner 21 
shall serve a term expiring on March 1, 2021, and two such 22 
commissioners shall serve terms expiring on March 1, 2023.] Any utility 23 
commissioner appointed on or after May 1, 2020, shall serve a term of 24 
four years. The utility commissioners shall be sworn to the faithful 25 
performance of their duties. 26 
(b) [Not later than June 30, 2023, and between] Between June first and 27 
June thirtieth in each odd-numbered year, [thereafter,] the Governor 28 
shall select the chairperson of the authority from among the utility 29 
commissioners. The chairperson shall serve a two-year term starting on 30 
July first of the same year. Each June, the utility commissioners shall 31 
choose, from among said commissioners, a vice-chairperson, who shall 32 
serve for a one-year term starting on July first of the same year. The vice-33 
chairperson shall perform the duties of the chairperson in his or her 34 
absence. 35 
(c) Any matter coming before the authority may be assigned by the 36 
chairperson to [a panel of three] one or more utility commissioners. 37 
Except as otherwise provided by statute or regulation, [the panel] any 38 
such utility commissioner shall determine whether a public hearing 39 
shall be held on the matter, and may designate one or [more of its 40 
members] two utility commissioners to conduct such hearing or may 41 
assign a hearing officer to ascertain the facts and report thereon to the 42 
[panel] designated commissioner or commissioners. The decision of [the 43 
panel] any such designated utility commissioner or commissioners, as 44 
applicable, if unanimous, shall be the decision of the authority. If the 45 
decision [of the panel] is not unanimous, the matter shall be approved 46 
by a majority vote of all of the utility commissioners. 47     
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(d) The utility commissioners of the Public Utilities Regulatory 48 
Authority shall serve full time and shall file a statement of financial 49 
interests with the Office of State Ethics in accordance with section 1-83. 50 
Each utility commissioner shall receive annually a salary equal to that 51 
established for management pay plan salary group seventy-five by the 52 
Commissioner of Administrative Services, except that the chairperson 53 
shall receive annually a salary equal to that established for management 54 
pay plan salary group seventy-seven. 55 
(e) To insure the highest standard of public utility regulation, on and 56 
after October 1, 2007, any newly appointed utility commissioner of the 57 
authority shall have education or training and three or more years of 58 
experience in one or more of the following fields: Economics, 59 
engineering, law, accounting, finance, utility regulation, public or 60 
government administration, consumer advocacy, business 61 
management, and environmental management. On and after July 1, 62 
1997, at least three of these fields shall be represented on the authority 63 
by individual utility commissioners at all times. Any time a utility 64 
commissioner is newly appointed, at least one of the utility 65 
commissioners shall have experience in utility customer advocacy. 66 
(f) (1) The chairperson of the authority, with the approval of the 67 
Commissioner of Energy and Environmental Protection, shall prescribe 68 
the duties of the staff assigned to the authority in order to (A) conduct 69 
comprehensive planning with respect to the functions of the authority; 70 
(B) cause the administrative organization of the authority to be 71 
examined with a view to promoting economy and efficiency; and (C) 72 
organize the authority into such divisions, bureaus or other units as 73 
necessary for the efficient conduct of the business of the authority and 74 
may from time to time make recommendations to the Commissioner of 75 
Energy and Environmental Protection regarding staff and resources. 76 
(2) The chairperson of the Public Utilities Regulatory Authority, in 77 
order to implement the comprehensive planning and organizational 78 
structure established pursuant to subdivision (1) of this subsection, shall 79     
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(A) coordinate the activities of the authority and prescribe the duties of 80 
the staff assigned to the authority; (B) for any proceeding on a proposed 81 
rate amendment in which staff of the authority are to be made a party 82 
pursuant to section 16-19j, determine which staff shall appear and 83 
participate in the proceedings and which shall serve the [members of 84 
the authority] utility commissioners; (C) enter into such contractual 85 
agreements, in accordance with established procedures, as may be 86 
necessary for the discharge of the authority's duties; (D) subject to the 87 
provisions of section 4-32, and unless otherwise provided by law, 88 
receive any money, revenue or services from the federal government, 89 
corporations, associations or individuals, including payments from the 90 
sale of printed matter or any other material or services; and (E) require 91 
the staff of the authority to have expertise in public utility engineering 92 
and accounting, finance, economics, computers and rate design. 93 
(g) No utility commissioner of the Public Utilities Regulatory 94 
Authority or employee of the Department of Energy and Environmental 95 
Protection assigned to work with the authority shall have any interest, 96 
financial or otherwise, direct or indirect, or engage in any business, 97 
employment, transaction or professional activity, or incur any 98 
obligation of any nature, which is in substantial conflict with the proper 99 
discharge of his or her duties or employment in the public interest and 100 
of his or her responsibilities as prescribed in the laws of this state, as 101 
defined in section 1-85, concerning any matter within the jurisdiction of 102 
the authority; provided, no such substantial conflict shall be deemed to 103 
exist solely by virtue of the fact that a utility commissioner of the 104 
authority or employee of the department assigned to work with the 105 
authority, or any business in which such a person has an interest, 106 
receives utility service from one or more Connecticut utilities under the 107 
normal rates and conditions of service. 108 
(h) No utility commissioner of the Public Utilities Regulatory 109 
Authority or employee of the Department of Energy and Environmental 110 
Protection assigned to work with the authority, during such assignment, 111 
shall accept other employment which will either impair his or her 112     
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independence of judgment as to his or her official duties or employment 113 
or require him or her, or induce him or her, to disclose confidential 114 
information acquired by him or her in the course of and by reason of his 115 
or her official duties. 116 
(i) No utility commissioner of the Public Utilities Regulatory 117 
Authority or employee of the Department of Energy and Environmental 118 
Protection assigned to work with the authority, during such assignment, 119 
shall wilfully and knowingly disclose, for pecuniary gain, to any other 120 
person, confidential information acquired by him or her in the course of 121 
and by reason of his or her official duties or employment or use any such 122 
information for the purpose of pecuniary gain. 123 
(j) No utility commissioner of the Public Utilities Regulatory 124 
Authority or employee of the Department of Energy and Environmental 125 
Protection assigned to work with the authority, during such assignment, 126 
shall agree to accept, or be in partnership or association with any person, 127 
or a member of a professional corporation or in membership with any 128 
union or professional association which partnership, association, 129 
professional corporation, union or professional association agrees to 130 
accept any employment, fee or other thing of value, or portion thereof, 131 
in consideration of his or her appearing, agreeing to appear, or taking 132 
any other action on behalf of another person before the authority, the 133 
Connecticut Siting Council, the Office of Policy and Management or the 134 
Commissioner of Energy and Environmental Protection. 135 
(k) No utility commissioner of the Public Utilities Regulatory 136 
Authority shall, for a period of one year following the termination of his 137 
or her service as a utility commissioner, accept employment: (1) By a 138 
public service company or by any person, firm or corporation engaged 139 
in lobbying activities with regard to governmental regulation of public 140 
service companies; (2) by a certified telecommunications provider or by 141 
any person, firm or corporation engaged in lobbying activities with 142 
regard to governmental regulation of persons, firms or corporations so 143 
certified; or (3) by an electric supplier or by any person, firm or 144     
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corporation engaged in lobbying activities with regard to governmental 145 
regulation of electric suppliers. No such utility commissioner who is 146 
also an attorney shall in any capacity, appear or participate in any 147 
matter, or accept any compensation regarding a matter, before the 148 
authority, for a period of one year following the termination of his or 149 
her service as a utility commissioner. 150 
(l) The chairperson of the authority shall assign authority staff to 151 
fulfill the duties of procurement manager where required pursuant to 152 
this title and title 16a. 153 
(m) Notwithstanding any provision of the general statutes, the 154 
decisions of the Public Utilities Regulatory Authority, including, but not 155 
limited to, decisions relating to rate amendments arising from the 156 
Comprehensive Energy Strategy, the Integrated Resources Plan, the 157 
Conservation and Load Management Plan and policies established by 158 
the Department of Energy and Environmental Protection, shall be 159 
guided by said strategy and plans and such policies. 160 
(n) Two or more utility commissioners [serving on a panel 161 
established] assigned a matter pursuant to subsection (c) of this section 162 
may confer or communicate regarding the matter before such [panel] 163 
commissioners. Any such conference or communication that does not 164 
occur before the public at a hearing or proceeding shall not constitute a 165 
meeting as defined in section 1-200. 166 
Sec. 2. Section 16-6 of the general statutes is repealed and the 167 
following is substituted in lieu thereof (Effective October 1, 2025): 168 
The Public Utilities Regulatory Authority shall keep [its] the 169 
authority's office open during [the usual] normal business hours and 170 
shall keep all of [its] the authority's records in such office. The authority 171 
shall keep a record of all communications addressed to [it, or to any of 172 
its members or employees, officially,] the authority, the utility 173 
commissioners and any employee of the authority acting in such 174 
employee's official capacity, of all [its and their] the official acts and 175     
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proceedings of the authority, the utility commissioners and any 176 
employee of the authority and of all facts learned in relation to any 177 
casualty or accident, with the names of the persons from whom such 178 
facts were obtained or by whom they may be proved.179 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2025 16-2 
Sec. 2 October 1, 2025 16-6 
 
Statement of Purpose:   
To reduce the maximum number of members of the Public Utilities 
Regulatory Authority from five to three. 
[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.]