Connecticut 2022 Regular Session Status: Enacted 1 D cosponsors

SB 94 — AN ACT CONCERNING CERTAIN MODIFICATIONS TO GAS PIPELINE PROCESSES.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2022. Enacted.

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Advancing 54% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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Bill Text

What changed in the latest version

525 added · 745 removed

525 line(s) added, 745 removed.

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Senate General Assembly File No.
Senate Bill No.
346 February Session, 2022 Senate Bill No.
94 Public Act No.
94 Senate, April 6, 2022 The Committee on Energy and Technology reported through SEN.
22-20 AN ACT CONCERNING CERTAIN MODIFICATIONS TO GAS PIPELINE PROCESSES.
NEEDLEMAN of the 33rd Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.
AN ACT CONCERNING CERTAIN MODIFICATIONS TO GAS PIPELINE PROCESSES.
SB94 / File No.
Sec.
346 1 SB94 File No.
346 Sec.
(a) The Public Utilities Regulatory Authority may, in its discretion, delegate its powers, in specific cases, to one or more of its directors or to a hearing officer to ascertain the facts and report thereon to the authority.
(a) The Public Utilities Regulatory Authority may, in its discretion, Senate Bill No.
The authority, or any director thereof, in the performance of its duties or in connection with any hearing, or at the request of any person, corporation, company, town, borough or association, may summon and examine, under oath, such witnesses, and may direct the productionof,andexamineorcause tobeproducedandexamined,such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to the affairs of any public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a, as it may find advisable, and shall have the same powers in reference thereto as are vested in magistrates taking depositions.Ifany witnessobjectstotestifyingortoproducinganybook or paper on the ground that such testimony, book or paper may tend to incriminate him, and the authority directs such witness to testify or to produce such book or paper, and he complies, or if he is compelled so to do by order of court, he shall not be prosecuted for any matter concerning which he or she has so testified.
94 delegate its powers, in specific cases, to one or more of its directors or to a hearing officer to ascertain the facts and report thereon to the authority.
The authority, or any director thereof, in the performance of its duties or in connection with any hearing, or at the request of any person, corporation, company, town, borough or association, may summon and examine, under oath, such witnesses, and may direct the productionof,andexamineorcauseto beproducedandexamined,such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to the affairs of any public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a, as it may find advisable, and shall have the same powers in reference thereto as are vested in magistrates taking depositions.Ifany witnessobjectstotestifyingortoproducinganybook or paper on the ground that such testimony, book or paper may tend to incriminate him, and the authority directs such witness to testify or to produce such book or paper, and he complies, or if he is compelled so to do by order of court, he shall not be prosecuted for any matter concerning which he or she has so testified.
A hearing officer so designated shall have the same powers as the authority, or any director thereof, to conduct a hearing, except that only a director of the authority shallhavethepowertograntimmunityfromprosecutiontoanywitness SB94 / File No.
A hearing officer so designated shall have the same powers as the authority, or any director thereof, to conduct a hearing, except that only a director of the authority shallhavethepowertograntimmunityfromprosecutiontoanywitness who objects to testifying or to producing any book or paper on the Public Act No.
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346 who objects to testifying or to producing any book or paper on the ground that such testimony, book or paper may tend to incriminate him or her.
94 ground that such testimony, book or paper may tend to incriminate him or her.
(2) In any case where the authority determines that an audit is necessary or desirable, it may (A) order the audit to be performed by one of the management audit teams, (B) require the affected company or person to perform the audit utilizing the company's own internal management audit staff as supervised by designated members of the authority's staff or the person's own internal management audit staff as supervised by designated members of the authority's staff, or (C) require that the audit be performed under thesupervision of designated members of the authority's staff by an independent management consulting firm selected by the authority, in consultation with the SB94 / File No.
(2) In any case where the authority determines that an audit is necessary or desirable, it may (A) order the audit to be performed by one of the management audit teams, (B) require the affected company or person to perform the audit utilizing the company's own internal management audit staff as supervised by designated members of the authority's staff or the person's own internal management audit staff as supervised by designated members of the authority's staff, or (C) require that the audit be performed under thesupervision of designated Public Act No.
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346 affected company or person.Iftheaffectedcompany or person hasmore than seventy-five thousand customers, such independent management consulting firm shall be of nationally recognized stature.
94 members of the authority's staff by an independent management consulting firm selected by the authority, in consultation with the affected company or person.Iftheaffectedcompany or person hasmore than seventy-five thousand customers, such independent management consulting firm shall be of nationally recognized stature.
(4) A complete audit of each portion of each gas company or electric distribution company having more than seventy-five thousand customers shall begin no less frequently than every six years, so that a completeauditofsuch acompany'soperationsshallbeperformedevery six years.
(4) A complete audit of each portion of each gas company or electric distribution company having more than seventy-five thousand customers shall begin no less frequently than every six years, so that a Public Act No.
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94 completeauditofsuch acompany'soperationsshallbeperformedevery six years.
SB94 / File No.
(5) The results of an audit performed pursuant to this section shall be filed with the authority and shall be open to public inspection.
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346 (5) The results of an audit performed pursuant to this section shall be filed with the authority and shall be open to public inspection.
(c)Nothing inthissectionshallbedeemedto interfereorconflict with any powers of the authority or its staff provided elsewhere in the general statutes, including, but not limited to, the provisions of this section and sections 16-7, as amended by this act, 16-28 and 16-32, to conduct an audit, investigation or review of the books, records, [plant] plants and equipment of any regulated public service company or SB94 / File No.
Public Act No.
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346 person involved in the transportation of gas, as such terms are defined in section 16-280a.
94 (c)Nothing inthissectionshallbedeemedto interfereorconflict with any powers of the authority or its staff provided elsewhere in the general statutes, including, but not limited to, the provisions of this section and sections 16-7, as amended by this act, 16-28 and 16-32, to conduct an audit, investigation or review of the books, records, [plant] plants and equipment of any regulated public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a.
(b) Any employee of such a public service company, holding company, person involved in the transportation of gas or licensee, or of any person, firm, corporation, contractor or subcontractor directly or indirectly providing goodsor servicesto such apublicservice company, holding company, person involved in the transportation of gas or licensee, having knowledge of any of the following may transmit all factsandinformationintheemployee'spossessionto thePublicUtilities Regulatory Authority:
(b) Any employee of such a public service company, holding company, person involved in the transportation of gas or licensee, or of any person, firm, corporation, contractor or subcontractor directly or indirectly providing goodsor servicesto such apublicservice company, holding company, person involved in the transportation of gas or Public Act No.
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94 licensee, having knowledge of any of the following may transmit all factsandinformationintheemployee'spossessionto thePublicUtilities Regulatory Authority:
or (2) any matter involving retaliatory action or the threat of retaliatory action taken against an employee who has reported the misfeasance, malfeasance or nonfeasance, in the SB94 / File No.
or (2) any matter involving retaliatory action or the threat of retaliatory action taken against an employee who has reported the misfeasance, malfeasance or nonfeasance, in the management of such public service company, holding company, person involved in the transportation of gas or licensee.
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346 management of such public service company, holding company, person involved in the transportation of gas or licensee.
The employer may submit a written response and both the employer and the employee may present rebuttal statements in the form of affidavits from witnesses and supporting documents and may meet with the authority informally to respond verbally about the nature of the employee's charges.
The employer may submit a written response and both the employer and the employee may present rebuttal statements in the form of affidavits from witnesses and supporting documents and may meet with the authority informally to respond Public Act No.
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94 verbally about the nature of the employee's charges.
SB94 / File No.
(3) Unless the authority finds by clear and convincing evidence that the adverse employment action was taken for a reason unconnected with the employee's report of substantial misfeasance, malfeasance or nonfeasance, there shall be a rebuttable presumption that an employee was retaliated against in violation of subsection (a) of this section if the authority finds that:
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346 (3) Unless the authority finds by clear and convincing evidence that the adverse employment action was taken for a reason unconnected with the employee's report of substantial misfeasance, malfeasance or nonfeasance, there shall be a rebuttable presumption that an employee was retaliated against in violation of subsection (a) of this section if the authority finds that:
(d) Not later than thirty days after making a preliminary finding in accordance with the provisions of subsection (c) of this section, the authority shall initiate a full investigatory proceeding in accordance withtheprovisionsofsection16-8,asamendedbythisact,at whichtime the employer shall have the opportunity to rebut the presumption.
(d) Not later than thirty days after making a preliminary finding in accordance with the provisions of subsection (c) of this section, the authority shall initiate a full investigatory proceeding in accordance Public Act No.
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94 withtheprovisionsofsection16-8,asamendedbythisact,at whichtime the employer shall have the opportunity to rebut the presumption.
(e) If an employee or former employee of such a public service SB94 / File No.
(e) If an employee or former employee of such a public service company, holding company, person involved in the transportation of gas or licensee, or of a person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to such a public service company, holding company, person involved in the transportation of gas or licensee, having knowledge of any matter involving the substantial misfeasance, malfeasance or nonfeasance in the management of such public service company, holding company, person involved in the transportation of gas or licensee, enters into an agreement with the employee's employer that contains a provision directly or indirectly discouraging the employee from presenting a written complaint or testimony concerning such misfeasance, malfeasance or nonfeasance in any legislative, administrative or judicial proceeding, such provision shall be void as against public policy.
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346 company, holding company, person involved in the transportation of gas or licensee, or of a person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to such a public service company, holding company, person involved in the transportation of gas or licensee, having knowledge of any matter involving the substantial misfeasance, malfeasance or nonfeasance in the management of such public service company, holding company, person involved in the transportation of gas or licensee, enters into an agreement with the employee's employer that contains a provision directly or indirectly discouraging the employee from presenting a written complaint or testimony concerning such misfeasance, malfeasance or nonfeasance in any legislative, administrative or judicial proceeding, such provision shall be void as against public policy.
(3) the time period by which the authority shall render a decision pursuant to subsection (d) of this section;
(3) the time period by which the authority shall render a decision Public Act No.
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94 pursuant to subsection (d) of this section;
The Public Utilities Regulatory Authority shall, so far as is practicable, keep fully informed as to the condition of the plant, SB94 / File No.
The Public Utilities Regulatory Authority shall, so far as is practicable, keep fully informed as to the condition of the plant, equipment and manner of operation of all public service companies and persons involved in the transportation of gas, as such terms are defined in section 16-280a, in respect to their adequacy and suitability to accomplish the duties imposed upon such companies by law and in respect to their relation to the safety of the public and of the employees of such companies or persons.
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346 equipment and manner of operation of all public service companies and persons involved in the transportation of gas, as such terms are defined in section 16-280a, in respect to their adequacy and suitability to accomplish the duties imposed upon such companies by law and in respect to their relation to the safety of the public and of the employees of such companies or persons.
Each public service company, person involved in the transportation of gas, as such terms are defined in section 16-280a, and electric supplier subject to regulation by the Public Utilities Regulatory Authority shall, in the event of any accident attended with personal injury or involving public safety, which was or may have been connected with or due to the operation of its [or his] property, or caused by contact with the wires of any public service company or electric supplier, notify the authority thereof, by telephone or otherwise, as soon as may be reasonably possible after the occurrence of such accident, unless such accident is a minor accident, as defined by regulations of the authority.
Public Act No.
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94 Each public service company, person involved in the transportation of gas, as such terms are defined in section 16-280a, and electric supplier subject to regulation by the Public Utilities Regulatory Authority shall, in the event of any accident attended with personal injury or involving public safety, which was or may have been connected with or due to the operation of its [or his] property, or caused by contact with the wires of any public service company or electric supplier, notify the authority thereof, by telephone or otherwise, as soon as may be reasonably possible after the occurrence of such accident, unless such accident is a minor accident, as defined by regulations of the authority.
SB94 / File No.
Sec.
346 10 SB94 File No.
346 Sec.
(a) Each (1) public service company and its officers, agents and employees, (2) electric supplier or person providing electric generation services without a license in violation of section 16-245, and its officers, agents and employees, (3) certified telecommunications provider or person providing telecommunications services without authorization pursuant to sections 16-247f to 16-247h, inclusive, and itsofficers, agents and employees, (4) person, public agency or public utility, as such terms are defined in section 16-345, subject to the requirements of chapter 293, (5) person subject to the registration requirements under section 16- 258a, (6) cellular mobile telephone carrier, as described in section 16- 250b, (7) Connecticut electric efficiency partner, as defined in section 16- 243v, (8) company, as defined in section 16-49, [and] (9) entity approved to submeter pursuant to section 16-19ff, and (10) person involved in the transportation of gas, as such terms are defined in section 16-280a, shall obey, observe and comply with all applicable provisions of this title and each applicable order made or applicable regulations adopted by the Public Utilities Regulatory Authority by virtue of this title as long as the same remains in force.
(a) Each (1) public service company and its officers, agents and employees, (2) electric supplier or person providing electric generation services without a license in violation of section 16-245, and its officers, agents and employees, (3) certified telecommunications provider or person providing telecommunications services without authorization pursuant to sections 16-247f to 16-247h, inclusive, and itsofficers, agents and employees, (4) person, public agency or public utility, as such terms are defined in section 16-345, subject to the requirements of chapter 293, (5) person subject to the registration requirements under section 16- 258a, (6) cellular mobile telephone carrier, as described in section 16- 250b, (7) Connecticut electric efficiency partner, as defined in section 16- 243v, (8) company, as defined in section 16-49, [and] (9) entity approved Public Act No.
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94 to submeter pursuant to section 16-19ff, and (10) person involved in the transportation of gas, as such terms are defined in section 16-280a, shall obey, observe and comply with all applicable provisions of this title and each applicable order made or applicable regulations adopted by the Public Utilities Regulatory Authority by virtue of this title as long as the same remains in force.
The authority may direct a portion of any fine levied SB94 / File No.
The authority may direct a portion of any fine levied pursuant to this section to be paid to a nonprofit agency engaged in energy assistance programs named by the authority in its decision or notice of violation.
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346 pursuant to this section to be paid to a nonprofit agency engaged in energy assistance programs named by the authority in its decision or notice of violation.
(b) Any regional water authority, any regional water district, any municipal gas or electric plant established under chapter 101, any municipal waterworks system established under chapter 102, or any other municipality or department thereof owning, leasing, operating or managing a plant for the supplying or furnishing of any public utility, which the Public Utilities Regulatory Authority finds has failed to comply with the procedures of section 16-29, shall be subject to a civil penalty of not more than five thousand dollars for any annual report which is not submitted or submitted late in violation of said section.
(b) Any regional water authority, any regional water district, any municipal gas or electric plant established under chapter 101, any municipal waterworks system established under chapter 102, or any Public Act No.
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94 other municipality or department thereof owning, leasing, operating or managing a plant for the supplying or furnishing of any public utility, which the Public Utilities Regulatory Authority finds has failed to comply with the procedures of section 16-29, shall be subject to a civil penalty of not more than five thousand dollars for any annual report which is not submitted or submitted late in violation of said section.
If a hearing is requested, then, after a hearing and upon a finding that a violation has occurred, the authority may issue a final order assessing a civil penalty under this SB94 / File No.
If a hearing is requested, then, after a hearing and upon a finding that a violation has occurred, the authority may issue a final order assessing a civil penalty under this section which shall not be greater than the maximum penalty [stated in the notice] permitted by law.
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346 section which shall not be greater than the maximum penalty [stated in the notice] permitted by law.
(e) All hearings under this section shall be conducted under sections 4-176e to 4-184, inclusive.
Public Act No.
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94 (e) All hearings under this section shall be conducted under sections 4-176e to 4-184, inclusive.
SB94 / File No.
Sec.
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346 Sec.
(c) The authority may issue a waiver of any federal safety standards or any regulations adopted by the authority pursuant to subsection (b) of this section in individual cases where warranted by local circumstances or conditions, consistent with public safety and authorized under the federal act.
(c) The authority may issue a waiver of any federal safety standards or any regulations adopted by the authority pursuant to subsection (b) of this section in individual cases where warranted by local Public Act No.
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94 circumstances or conditions, consistent with public safety and authorized under the federal act.
[Each] The federal safety [standard] standards applicable to [pipeline facilities and] the transportation of gas established under the provisions of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and 49 CFR 199, as the same are, from time to time, made effective, or any regulation adopted by the authority pursuant to subsection (b) or (c) of section 16-280b, as amended by this act, shall be the standards of the state.
[Each] The federal safety [standard] standards applicable to [pipeline facilities and] the transportation of gas established under the provisions of the federal act, contained in 49 CFR 191 to 49 CFR 193, inclusive, and CFR 199, as the same are, from time to time, made effective, or any regulation adopted by the authority pursuant to subsection (b) or (c) of section 16-280b, as amended by this act, shall be the standards of the state.
Subsection (a) of section 16-280e of the general statutes is repealed andthefollowing issubstituted in lieuthereof(EffectiveOctober 1, 2022):
Subsection (a) of section 16-280e of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
(NEW) (Effective October 1, 2022) The utility commissioners, as defined in section 16-1 of the general statutes, or their designees, shall havetheauthoritytocauseany workperformedbyanypersoninvolved in the transportation of gas, as such terms are defined in section 16-280a SB94 / File No.
(NEW) (Effective October 1, 2022) The utility commissioners, as defined in section 16-1 of the general statutes, or their designees, shall havetheauthoritytocauseany workperformedbyanypersoninvolved in the transportation of gas, as such terms are defined in section 16-280a of the general statutes, to cease immediately if said work may endanger any person.
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346 of the general statutes, to cease immediately if said work may endanger any person.
A person, public agency or public utility responsible for excavating, discharging explosives or demolition shall exercise reasonable care when working in proximity to the underground facilities of any public utility and shall comply with such safety standards and other requirements as the authority shall prescribe by regulations adopted pursuant to section 16-357.
Public Act No.
If the facilities are likely to be exposed, such support shallbeprovidedasmay bereasonably necessary forprotection of the facilities.
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94 A person, public agency or public utility responsible for excavating, discharging explosives or demolition shall exercise reasonable care when working in proximity to the underground facilities of any public utility and shall comply with such safety standards and other requirements as the authority shall prescribe by regulations adopted pursuant to section 16-357.
If the facilities are likely to be exposed, such support shallbeprovided asmay bereasonably necessary forprotection of the facilities.
Subdivision(1)ofsubsection(a)ofsection8-31cofthegeneral statutes is repealed and the following is substituted in lieu thereof SB94 / File No.
Subdivision(1)ofsubsection(a)ofsection8-31cofthegeneral statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):
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(a) (1) Wherever the term "regional planning agency" is used in the Public Act No.
346 (Effective October 1, 2022):
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(a) (1) Wherever the term "regional planning agency" is used in the following general statutes, the term "regional council of governments" shall be substituted in lieu thereof;
94 following general statutes, the term "regional council of governments" shall be substituted in lieu thereof;
(Effective October 1, 2022) This act shall take effect as follows and shall amend the following sections:
(Effective October 1, 2022) Approved May 10, 2022 Public Act No.
Section 1 October 1, 2022 16-7 Sec.
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2 October 1, 2022 16-8 Sec.
3 October 1, 2022 16-8a Sec.
4 October 1, 2022 16-11 Sec.
5 October 1, 2022 16-16 Sec.
6 October 1, 2022 16-41 Sec.
7 October 1, 2022 16-280b(c) Sec.
8 October 1, 2022 16-280c Sec.
9 October 1, 2022 16-280e(a) Sec.
10 October 1, 2022 New section Sec.
11 October 1, 2022 16-354 Sec.
12 October 1, 2022 8-31c(a)(1) Sec.
13 October 1, 2022 Repealer section ET Joint Favorable SB94 / File No.
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346 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation It is anticipated that the agency can accommodate the expanded regulatory role without requiring additional resources.
The Out Years State Impact:
None Municipal Impact:
None SB94 / File No.
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346 OLR Bill Analysis SB 94 AN ACT CONCERNING CERTAIN MODIFICATIONS TO GAS PIPELINE PROCESSES.
SUMMARY This bill expands the Public Utilities Regulatory Authority’s (PURA) authority over certain gas transportation entities (e.g., propane systems and municipal gas distribution systems).
Among other things, it does the following:
1.
gives PURA access to these entities’ facilities, 2.
brings them under PURA’s investigatory powers, 3.
provides whistleblower protections to their employees, 4.
allows PURA to order them to make certain improvements or repairs, 5.
requires them to notify PURA about certain accidents, and 6.
allows PURA to impose certain penalties on them.
It aligns PURA’s authority over gas transportation entities with applicable federal standards by (1) explicitly citing the federal regulations that the state adopts as its safety standards for pipeline facilities and the transportation of gas and (2) capping the maximum penalties at the maximum amount allowed under federal regulations, rather than federal law.
The bill also establishes a process by which the PURA commissioners can stop the work on a project covered by the “Call Before You Dig” law if there is an immediate life-threatening hazard resulting from a willful violation of the law.
SB94 / File No.
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346 Lastly, the bill repeals obsolete and duplicative laws that generally require gas utility companies to submit a biennial report to PURA on their underground facilities (§§ 12-13).
EFFECTIVE DATE:
October 1, 2022 §§ 1-6 &10 — PURA JURISDICTION OVER GAS TRANSPORTATION Current law gives PURA jurisdiction over public services companies, which include investor-owned natural gas distribution companies (e.g., Eversource).
The bill extends certain elements of this jurisdiction to “persons involved in the transportation of gas,” which, under the bill, include a wider array of gas transporting entities, such as municipal gas distribution systems and propane systems.
Under the bill:
1.
“persons” are any individual, firm, joint venture, partnership, corporation, limited liability company, association, municipality, or cooperative association, including any of their trustees, receivers, assignees, or personal representatives;
2.
“gas” is natural gas, flammable gas, or toxic or corrosive gas;
and 3.
“transportation of gas” is the gathering, transmission, or distribution of gas by pipeline or its storage.
PURA Access to Facilities (§ 1) Current law allows PURA or its designees to access a public utility company’s or retail electric supplier’s premises, buildings, or other places that it owns or controls.
The bill expands this access to also include the company’s or supplier’s “plants” and those of persons involved in the transportation of gas.
By law a company’s “plants” include all real estate, buildings, tracks, pipes, mains, poles, wires, and other fixed or stationary construction andequipment, wherever located, used in the conduct of the company’s business (CGS § 16-1).
The bill also increases the maximum fine that may be imposed on someone who obstructs or hinders PURA’s access from $200 to $10,000.
SB94 / File No.
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346 Under existing law, unchanged by the bill, the offender may be imprisoned up to six months or both fined and imprisoned.
Investigatory Powers (§ 2) Current law allows PURA to summon witnesses and require the production of various documents related to a public service company’s affairs.
The billexpandsthisauthorityto also covertheaffairsofpersons involved in the transportation of gas.
The bill similarly expands PURA’s authority to have management audits performed on the operating procedures or other internal workings of a person involved in the transportation of gas, including the relationship between the person and a related holding company or subsidiary.
Existing law already gives PURA this authority over public service companies, and the bill extends the same procedural requirements and criteria to audits of a person involved in the transportation of gas.
As under the current law for auditing public service companies, if the audit finds that the operating procedures or internal workings of the personinvolvedinthetransportationofgasareinefficient,improvident, unreasonable, negligent, or in abuse of discretion, the bill allows PURA to order the person to adopt new or altered practices and procedures.
Whistleblower Protections (§ 3) The bill extends PURA’s whistleblower protections to employees of (1) persons involved in the transportation of gas and (2) entities that directly or indirectly provide goods to people involved in the transportation of gas.
It does this by, among other things:
1.
prohibiting these employers from taking any retaliatory actions against their employees for disclosing the substantial malfeasance of a person involved in the transportation of gas;
2.
allowing their employees to inform PURA about any prohibited retaliatory actions or malfeasance in management;
SB94 / File No.
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346 3.
allowing PURA to investigate and issue orders, impose civil penalties, awardattorney’sfees, andorder payment for back pay;
4.
voiding any agreement between the employees and employers if it discourages the employee from presenting a written complaint or testifying about the malfeasance;
and 5.
requiring a notice to be posted in these employees’ workplaces, in accordance with PURA’s regulations, informing them about the whistleblower protections.
PURA Authority to Order Improvements (§ 4) Current law generally requires PURA to keep fully informed about the conditions of a public service company’s plant, equipment, and operations, in respect to its adequacy, suitability, and safety.
It also authorizes PURA to order a company to make reasonable improvements, repairs, or alterations in its plants, equipment, or operations that may be reasonably necessary for the public interest.
The bill extends this requirement and authority to include persons involved in the transportation of gas.
Accident Reporting (§ 5) As current law requires for public service companies and retail electric suppliers, the bill requires persons involved in the transportations of gas to notify PURA, as soon as reasonably possible, about any accident, other than a minor accident, that (1) was, or may have been, connected with or due to the operation of their property and (2) involved personal injuries or public safety.
As under current law, if the notice is given in a nonwritten form, it must be confirmed in writing within five days after the accident.
The persons involved in the transportation of gas must also submit a monthly written report on minor accidents to PURA.
A failure to comply with these requirements is subject to a fine up to $500 per offense.
SB94 / File No.
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346 Enforcement (§ 6) Current law requires PURA-regulated entities to obey, observe, and comply with all applicable provisions of the laws for public service companies and PURA’s applicable regulations and orders.
It specifies the process for notifying alleged violators and giving them the opportunity for a hearing on the matter.
It requires violators to be penalized by PURA’s order under the applicable statutory penalty or, if no penalty is prescribed, with a fine of up to $10,000, restitution, or a combination of both for each offense.
The bill expands these provisions to also cover persons involved with the transportation of gas.
The bill also specifies that the maximum civil penalty PURA may impose is the maximum allowed by law, not the penalty stated in the notice of violation.
Stop-work Orders (§ 10) The bill authorizes PURA’s commissioners to order any work performed by a person involved in the transportation of gas to stop immediately if the work may endanger someone.
§§ 7-9 — FEDERAL STANDARDS & PURA REGULATIONS PURA Waivers (§ 7) Existing state law requires persons involved in the transportation of gas or the maintenance of gas pipelines to follow federal safety standards, but it also generally allows PURA to adopt regulations that are more specific than the federal standards under certain circumstances.
Additionally, current law generally allows PURA to waivethefederalstandardsinindividualcaseswhenwarrantedbylocal circumstances or conditions.
The bill allows PURA to also do this for the regulations it adopts.
Federal Standards (§ 8) Current law adopts the federal safety standards applicable to pipeline facilities and the transportation of gas.
The bill limits their applicationtothetransportationofgas andexplicitlycitestheapplicable federal regulations for these standards (49 C.F.R.
§ 191 to 49 C.F.R.
§ 193 SB94 / File No.
346 22 SB94 File No.
346 and 49 C.F.R.
§ 199).
Penalties (§ 9) Under current law, violators of the federal law or regulations on natural gas pipeline safety (49 U.S.C.
Chapter 601) or state law or regulations on natural gas pipelines are subject to a civil penalty up to the maximum allowed under the federal law.
The bill instead allows the penalty to be up to the higher of the maximum allowed under (1) the federal law or (2) federal regulations on pipeline safety (49 C.F.R.
§ 190.223(a)).
§§ 11 — CALL BEFORE YOU DIG STOP-WORK ORDERS Existing law requires companies and individuals engaging in excavation, discharge of explosions, or demolition projects to comply with certain safety-related requirements (i.e., the “Call Before You Dig” law).
Under the bill, if there is an immediate, life-threatening hazard resulting froma willful violationoftheCallBefore YouDig lawsor their related regulations, PURA’s commissioners must immediately notify the entity responsible for the project about the hazard and violation.
Upon receiving the notification, the responsible entity must promptly abate the hazard and violation.
If it does not do so in a reasonable time frame, the bill authorizes the commissioners to stop the project immediately until the hazard and violation have been abated.
COMMITTEE ACTION Energy and Technology Committee Joint Favorable Yea 26 Nay 0 (03/22/2022) SB94 / File No.
346 23
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 22-20

  5. IN CONCURRENCE

  6. HOUSE PASSED

  7. HOUSE CALENDAR NUMBER 418

  8. FAV. RPT., TABLED FOR HOUSE CALENDAR

  9. ON CONSENT CALENDAR

  10. SENATE PASSED

  11. FILE NO. 346

  12. SENATE CALENDAR NUMBER 244

  13. FAV. RPT., TAB. FOR CAL., SEN.

  14. RPTD. OUT OF LCO

  15. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/05/22

  16. FILED WITH LCO

  17. Joint Favorable

  18. PUBLIC HEARING 0224

  19. REF. TO JOINT COMM. ON Energy and Technology

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

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Not signed on (185)

185 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 94?
SB 94 is sponsored by Winkler, Michael A. and Travis Simms (Democratic).
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This bill has been enacted into law. Introduced February 15, 2022. Enacted.
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