Connecticut 2021 Regular Session Status: Passed Senate

SB 858 — AN ACT CONCERNING CALL BEFORE YOU DIG PROGRAM VIOLATIONS AND CERTAIN MODIFICATIONS TO GAS PIPELINES PROCESSES.

Last action — HOUSE CALENDAR NUMBER 591

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

This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

654 added · 418 removed

654 line(s) added, 418 removed.

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General Assembly Raised Bill No.
Senate General Assembly File No.
858 January Session, 2021 LCO No.
282 January Session, 2021 Substitute Senate Bill No.
3162 Referred to Committee on ENERGY AND TECHNOLOGY Introduced by:
858 Senate, April 6, 2021 The Committee on Energy and Technology reported through SEN.
(ET) AN ACT CONCERNING CALL BEFORE YOU DIG PROGRAM VIOLATIONS AND CERTAIN MODIFICATIONS TO GAS PIPELINES PROCESSES.
NEEDLEMAN of the 33rd Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING CALL BEFORE YOU DIG PROGRAM VIOLATIONS AND CERTAIN MODIFICATIONS TO GAS PIPELINES PROCESSES.
Any person, public agency or public utility which the Public Utilities Regulatory Authority determines, after notice and opportunity for a hearing as provided in section 16-41, as amended by this act, to have failed to comply with any provision of this chapter or any regulation adopted under section 16-357 shall forfeit and pay to the state a civil penalty of not more than forty thousand dollars, provided any violation involvingthefailureofapublicutilitytomarkanyapproximatelocation of an underground utility facility correctly or within the time frames prescribed by regulation, which violation did not result in any property damage or personal injury and was not the result of an act of gross negligence on the part of the public utility, shall not result in a civil penalty of more than one thousand dollars.
Any person, public agency or public utility which the Public Utilities Regulatory Authority determines, after notice and opportunity for a hearing as provided in section 16-41, as amended by this act, to have failed to comply with any provision of this chapter or any regulation adopted under section 16-357 shall forfeit and pay to the state a civil penalty of not more than forty thousand dollars, provided any violation involvingthefailureofapublicutilitytomarkanyapproximatelocation of an underground utility facility correctly or within the time frames prescribed by regulation, which violation did not result in any property damage or personal injury and was not the result of an act of gross sSB858 / File No.
Any civil penalty assessed LCO No.
282 1 sSB858 File No.
3162 1 of 18 Raised Bill No.858 for any violation involving the failure of a public utility to properly or timely mark any approximate location of an underground facility shall bepaidby theperson,publicagency or public utility to whomthe notice is addressed.
282 negligence on the part of the public utility, shall not result in a civil penalty of more than one thousand dollars.
If any such person, public agency or public utility recovers any portion of the penalty from any person, the authority may direct such person, public agency or public utility to forfeit such recovered penalty, as provided in such notice.
Any civil penalty assessed for any violation involving the failure of a public utility, other than an owner or operator of a municipal utility, to properly or timely mark any approximate location of an underground facility shall be paid by such public utility to whom the notice is addressed.
Notwithstanding the provisions contained in subsection (d) of section 16-41, as amended by this act, the person, public agency or public utility receiving a notice of violation pursuant to subsection (c) of section 16-41, as amended by this act, shall have thirty days fromthe date of receipt of thenotice in which to deliver to the authority a written application for a hearing.
If any such public utility recovers any portion of the penalty from any person, the authority may direct such public utility to forfeit such recovered penalty, as provided in such notice.
Notwithstanding the provisions contained in subsection (d) of section 16-41, as amended by this act, the person, public agency or public utility receiving a notice of violation pursuant to subsection (c) of section 16-41, as amended by this act, shall have thirty days from the date of receipt of the notice in which to deliver to the authority a written application for a hearing.
(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, 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 sSB858 / File No.
The authority, or any director thereof, in the performance of LCO No.
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3162 2 of 18 Raised Bill No.858 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,andexamineorcausetobeproducedandexamined,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.
282 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,andexamineorcausetobeproducedandexamined,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.
The authority shall promptly establish such LCO No.
The authority shall promptly establish such sSB858 / File No.
3162 3 of 18 Raised Bill No.858 procedures as it deems necessary or desirable to provide for management audits to be performed on a regular or irregular schedule on all or any portion of the operating procedures and any other internal workings of any public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a, including the relationship between any public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a and a related holding company or subsidiary, consistent with the provisions of section 16-8c, provided no such audit shall be performed on a community antenna television company, except with regard to any noncable communications services which the company may provide, or when (A) such an audit is necessary for the authority to perform its regulatory functions under the Communications Act of 1934, 47 USC 151, et seq., as amended from time to time, other federal law or state law, (B) the cost of such an audit is warrantedbyareasonablyforeseeablefinancial,safetyorservicebenefit to subscribers of the company which is the subject of such an audit, and (C) such an audit is restricted to examination of the operating procedures that affect operations within the state.
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282 procedures as it deems necessary or desirable to provide for management audits to be performed on a regular or irregular schedule on all or any portion of the operating procedures and any other internal workings of any public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a, including the relationship between any public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a and a related holding company or subsidiary, consistent with the provisions of section 16-8c, provided no such audit shall be performed on a community antenna television company, except with regard to any noncable communications services which the company may provide, or when (A) such an audit is necessary for the authority to perform its regulatory functions under the Communications Act of 1934, 47 USC 151, et seq., as amended from time to time, other federal law or state law, (B) the cost of such an audit is warrantedbyareasonablyforeseeablefinancial,safetyorservicebenefit to subscribers of the company which is the subject of such an audit, and (C) such an audit is restricted to examination of the operating procedures that affect operations within the state.
All reasonable andproperexpensesoftheaudits,including,butnotlimited to,thecosts associated with the audit firm's testimony at a public hearing or other proceeding, shall be borne by the affected companies and shall be paid by such companies at such times and in such manner as the authority LCO No.
All reasonable andproperexpensesoftheaudits,including,butnotlimitedto,thecosts associated with the audit firm's testimony at a public hearing or other proceeding, shall be borne by the affected companies and shall be paid by such companies at such times and in such manner as the authority directs.
3162 4 of 18 Raised Bill No.858 directs.
sSB858 / File No.
(3) For purposes of this section, a complete audit shall consist of (A) a diagnostic review of all functions of the audited company, which shall include, but not be limited to, documentation of the operations of the company, assessment of the company's system of internal controls, and identification of any areas of the company which may require subsequent audits, and (B) the performance of subsequent focused audits identified in the diagnostic review and determined necessary by the authority.
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282 (3) For purposes of this section, a complete audit shall consist of (A) a diagnostic review of all functions of the audited company, which shall include, but not be limited to, documentation of the operations of the company, assessment of the company's system of internal controls, and identification of any areas of the company which may require subsequent audits, and (B) the performance of subsequent focused audits identified in the diagnostic review and determined necessary by the authority.
Upon completion and review of the audit, if the person or firm performing or supervising the audit determines that any of the operating procedures or any other internal workings of the affected public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a are inefficient, improvident, unreasonable, negligent or in abuse of discretion, the authority may, after notice and LCO No.
Upon completion and review of the audit, if the person or firm performing or supervising the audit determines that any of the operating procedures or any other internal workings of the affected public service company or person involved in the transportation of gas, as such terms are defined in section 16-280a are inefficient, improvident, unreasonable, negligent or in abuse of discretion, the authority may, after notice and opportunity for a hearing, order the affected public service company or person involved in the transportation of gas, as such terms are defined sSB858 / File No.
3162 5 of 18 Raised Bill No.858 opportunity for a hearing, order the affected public service company or person involved in the transportation of gas, as such terms are defined insection16-280a to adopt suchnewor alteredpracticesandprocedures as the authority shall find necessary to promote efficient and adequate servicetomeetthepublicconvenienceandnecessity.Theauthorityshall annually submit a report of audits performed pursuant to this section to the joint standing committee of the General Assembly having cognizance of matters relating to public utilities which report shall include thestatusofauditsbegunbut not yet completedandasummary of the results of audits completed.
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282 insection16-280a to adopt suchnewor alteredpracticesandprocedures as the authority shall find necessary to promote efficient and adequate servicetomeetthepublicconvenienceandnecessity.Theauthorityshall annually submit a report of audits performed pursuant to this section to the joint standing committee of the General Assembly having cognizance of matters relating to public utilities which report shall include thestatusofauditsbegunbut not yet completedandasummary of the results of audits completed.
(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, 16-28 and 16-32, to conduct an audit, investigation or review of the books, records, plant 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.
(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 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.
(a) No public service company, as defined in section 16-1, holding company, as defined in section 16-47, person involved in the transportation of gas, as such terms are defined in section 16-280a, or Nuclear Regulatory Commission licensee operating a nuclear power LCO No.
(a) No public service company, as defined in section 16-1, holding company, as defined in section 16-47, person involved in the transportation of gas, as such terms are defined in section 16-280a, or Nuclear Regulatory Commission licensee operating a nuclear power generating facility in this state, or person, firm, corporation, contractor sSB858 / File No.
3162 6 of 18 Raised Bill No.858 generating facility in this state, or person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to such public service company, holding company, person involved in the transportation of gas or licensee, may take or threaten to take any retaliatory action against an employee for the employee's disclosure of (1) 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, or (2) information pursuant to section 31-51m.
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282 or subcontractor directly or indirectly providing goods or services to such public service company, holding company, person involved in the transportation of gas or licensee, may take or threaten to take any retaliatory action against an employee for the employee's disclosure of (1) 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, or (2) information pursuant to section 31-51m.
With regard to any matter described in subdivision (2) of this subsection, the matter shall be handled in accordance with the procedures set forth in LCO No.
With regard to any matter described in subdivision (2) of this subsection, the matter shall be handled in accordance with the procedures set forth in subsections (c) and (d) of this section.
3162 7 of 18 Raised Bill No.858 subsections (c) and (d) of this section.
sSB858 / File No.
(c) (1) Not more than ninety business days after receipt of a written complaint, in a form prescribed by the authority, by an employee alleging the employee's employer has retaliated against an employee in violation of subsection (a) of this section, the authority shall make a preliminary finding in accordance with this subsection.
282 7 sSB858 File No.
282 (c) (1) Not more than ninety business days after receipt of a written complaint, in a form prescribed by the authority, by an employee alleging the employee's employer has retaliated against an employee in violation of subsection (a) of this section, the authority shall make a preliminary finding in accordance with this subsection.
(B) the employee was subsequently LCO No.
(B) the employee was subsequently discharged, suspended, demoted or otherwise penalized by having the employee's status of employment changed by the employee's employer;
3162 8 of 18 Raised Bill No.858 discharged, suspended, demoted or otherwise penalized by having the employee's status of employment changed by the employee's employer;
sSB858 / File No.
and (C) the subsequent discharge, suspension, demotion or other penalty followed the employee's report closely in time.
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282 and (C) the subsequent discharge, suspension, demotion or other penalty followed the employee's report closely in time.
(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 LCO 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, sSB858 / File No.
3162 9 of 18 Raised Bill No.858 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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(f) The Public Utilities Regulatory Authority shall adopt regulations, in accordance with chapter 54, to carry out theprovisions of this section.
282 malfeasance or nonfeasance in any legislative, administrative or judicial proceeding, such provision shall be void as against public policy.
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(f) The Public Utilities Regulatory Authority shall adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.
The general purposes of this section and sections 16- LCO No.
The general purposes of this section and sections 16- 19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full powers to regulate its public service companies, to increase the powers sSB858 / File No.
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858 19, 16-25, 16-43 and 16-47 are to assure to the state of Connecticut its full powers to regulate its public service companies, to increase the powers of the Public Utilities Regulatory Authority and to promote local control of the public service companies of this state, and said sections shall be so construed as to effectuate these purposes.
282 of the Public Utilities Regulatory Authority and to promote local control of the public service companies of this state, and said sections shall be so construed as to effectuate these purposes.
(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 LCO No.
(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- sSB858 / File No.
3162 11 of 18 Raised Bill No.858 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.
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282 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.
LCO No.
(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 sSB858 / File No.
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858 (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.
282 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.
A consent order shall be deemed LCO No.
A consent order shall be deemed a final order.
3162 13 of 18 Raised Bill No.858 a final order.
The final order of the authority assessing a civil penalty shall be subject to appeal under section 4-183.
The final order of the authority assessing a sSB858 / File No.
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282 civil penalty shall be subject to appeal under section 4-183.
(a) It shall be unlawful for any person who engages in the transportation of gas or maintains pipeline facilities or owns any pipeline facilities within the state to violate any of the safety standards established by the Secretary of Transportation of the United States for LCO No.
(a) It shall be unlawful for any person who engages in the transportation of gas or maintains pipeline facilities or owns any pipeline facilities within the state to violate any of the safety standards established by the Secretary of Transportation of the United States for the transportation of gas and pipeline facilities pursuant to the provisions of the federal act or any regulations adopted by the authority pursuant to subsection (b) or (c) of this section.
3162 14 of 18 Raised Bill No.858 the transportation of gas and pipeline facilities pursuant to the provisions of the federal act or any regulations adopted by the authority pursuant to subsection (b) or (c) of this section.
(b) The Public Utilities Regulatory Authority may adopt regulations, sSB858 / File No.
(b) The Public Utilities Regulatory Authority may adopt regulations, in accordance with chapter 54, establishing intrastate gas pipeline safety standards, which may be more specific than federal standards where appropriate in relation to local circumstances or conditions and consistent with public safety, provided such standards recognize alternative instrumentalities and methodologies for achieving federal safety objectives and do not foreclose utilization of alternative instrumentalities and methodologies that conform to national engineering standards or industry practices.
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282 in accordance with chapter 54, establishing intrastate gas pipeline safety standards, which may be more specific than federal standards where appropriate in relation to local circumstances or conditions and consistent with public safety, provided such standards recognize alternative instrumentalities and methodologies for achieving federal safety objectives and do not foreclose utilization of alternative instrumentalities and methodologies that conform to national engineering standards or industry practices.
(a) Any person that violates any provision of the federal act, any regulation issued under the federal act, any provision of this chapter or any regulation adopted by the authority pursuant to subsection (b) or LCO No.
(a) Any person that violates any provision of the federal act, any regulation issued under the federal act, any provision of this chapter or any regulation adopted by the authority pursuant to subsection (b) or (c) of section 16-280b, as amended by this act, shall be subject to a civil penalty not to exceed the higher of the maximum civil penalty provided under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended from time to time.
3162 15 of 18 Raised Bill No.858 (c) of section 16-280b, as amended by this act, shall be subject to a civil penalty not to exceed the higher of the maximum civil penalty provided under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended from time to time.
sSB858 / File No.
(b) Any such civil penalty may be compromised by the Public Utilities Regulatory Authority.
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282 (b) Any such civil penalty may be compromised by the Public Utilities Regulatory Authority.
If the facilities are likely to be exposed, such support shallbeprovidedas may bereasonably necessary forprotection of the facilities.
If the facilities are likely to be exposed, such support shallbeprovidedasmay bereasonably necessary forprotection of the facilities.
LCO No.
In the event that an immediate life-threatening hazard resulting from a wilful violation of this chapter, or of such regulations adopted pursuant to section 16-357, is identified, the utility commissioners, as defined in section 16-1, or their designees, shall immediately notify the person, public agency or public utility responsible for excavating, discharging sSB858 / File No.
3162 16 of 18 Raised Bill No.
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858 In the event that an immediate life-threatening hazard resulting from a wilful violation of this chapter, or of such regulations adopted pursuant to section 16-357, is identified, the utility commissioners, as defined in section 16-1, or their designees, shall immediately notify the person, public agency or public utility responsible for excavating, discharging explosives or demolition of the hazard and violation.
282 explosives or demolition of the hazard and violation.
In the event that the hazard and violation is not abated in a reasonable time frame, the utility commissioners, or their designees, shall have the authority to cause the excavation, discharge of explosives or demolition to cease immediately until such hazard and violation have been abated.
In the event that the hazard and violation is not abated in a reasonable time frame, the utility commissioners, or their designees, shall have the authority to cause the excavation, discharge of explosives or demolition to cease immediately until such hazard and violation are abated.
Section 8-31c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
(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;
and (2) wherever the term "regional planning agencies" is used in the following general statutes, the term "regional councils of governments" shall be substituted in lieu thereof:
8-35b, 8-35c, 8-164, 8-166, 8-189, 8-336f, 8-384, 13b-38a, 13b-79ll, 16-32f, 16-50l, [16-358,] 16a-28, 16a-35c, 22-26dd, 22a-102, 22a-118, 22a-137, 22a- 207, 22a-352, 23-8, 25-33e to 25-33h, inclusive, 25-68d, 25-102qq and 25- 233.
(b) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
Sec.
14.
July 1, 2021 Section 1 16-356 Sec.
Section 1 July 1, 2021 16-356 Sec.
5 July 1, 2021 16-11 Sec.
5 July 1, 2021 16-11 sSB858 / File No.
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282 Sec.
7 July 1, 2021 16-41 July 1, 2021 Sec.
7 July 1, 2021 16-41 Sec.
8 16-280b Sec.
8 July 1, 2021 16-280b Sec.
13 October 1, 2021 Repealer section Statement of Purpose:
13 October 1, 2021 8-31c Sec.
To require that civil penalties for the failure of a public utility to properly or timely mark the approximate location of an underground facility be paid by the person, public agency or public utility to whom LCO No.
14 October 1, 2021 Repealer section ET Joint Favorable Subst.
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sSB858 / File No.
858 the notice of failure to comply is addressed;
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and to modify existing gas pipeline processes.
282 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.
[Proposed deletions are enclosed in brackets.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
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.] LCO No.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
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OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 22 $ FY 23 $ Resources of the General Fund GF - Potential See Below See Below Revenue Gain Note:
GF=General Fund Municipal Impact:
None Explanation The bill adds persons involved in the transportation of gas to numerous Public Utilities Regulatory Authority (PURA) regulations.To the extent that PURA's authority to collect civil penalties would extend to pipeline operators under the provisions of the bill, there is a potential revenue gain to the General Fund equal to any civil penalties as a result of such regulation.
The bill also requires that utilities pay civil penalties related to Call Before You Dig rules, rather than contracted third parties.
It is not anticipated that this provision would increase the amount in civil penalties that PURA collects.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the amount of any civil penalties levied on those involved in the transportation of gas.
sSB858 / File No.
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282 OLR Bill Analysis sSB 858 AN ACT CONCERNING CALL BEFORE YOU DIG PROGRAM VIOLATIONS AND CERTAIN MODIFICATIONS TO GAS PIPELINES PROCESSES.
SUMMARY This bill makes various changes in the laws related to gas pipelines and underground utility facilities.
It requires that penalties for violations of the “Call Before You Dig” law’s marking requirements be directly paid by the entity being penalized by the Public Utilities Regulatory Authority (PURA), without recovering the penalty from a third party (e.g., a contractor working for the penalized entity).
It also establishes a process by which the PURA commissioners can stop the work on a Call Before You Dig project if there is an immediate life- threatening hazard resulting from a willful violation of the law.
The bill expands PURA’s authority over certain gas transportation entities (e.g., propane systems and municipal gas distribution systems).
Among other things, it (1) gives PURA access to these entities’ facilities, (2) brings them under PURA’s investigatory powers, (3) allows PURA to order them to make certain reasonable improvements or repairs, (4) requires them to notify PURA about certain accidents (5) allows PURA to impose certain penalties on them, and (6) provides whistleblower protections to their employees.
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.
sSB858 / File No.
282 20 sSB858 File No.
282 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 (§§ 13-14).
EFFECTIVE DATE:
July 1, 2021, except that provisions repealing obsolete statutes are effective October 1, 2021.
§§ 1 & 12 — CALL BEFORE YOU DIG Penalties (§ 1) Existing law requires companies and individuals engaging in excavation, discharge of explosions, or demolition projects to comply with certain requirements (i.e., “Call Before You Dig”).
Anyone who fails to comply with these requirements must pay a civil penalty up to $40,000.
Under the bill, the penalty for a violation involving a public utility’s failure to properly or timely mark an underground facility’s approximate location must be paid by the public utility to whom the notice from PURA is addressed.
However, the bill exempts an owner or operator of a municipal utility from this requirement.
Additionally, if the penalized public utility recovers any portion of the penalty from a third party (e.g., a contractor that failed to make the markings), the bill also allows PURA to direct the public utility to forfeit the recovered amount, as provided in the notice.
Stop-Work Orders (§ 12) If there is an immediate life-threatening hazard resulting from a willful violation of the Call Before You Dig laws or their related regulations, the bill requires PURA’s commissioners to 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.
§§ 2-7 & 11 — pura jurisdiction over gas transportation sSB858 / File No.
282 21 sSB858 File No.
282 Current law gives PURA jurisdiction over public services companies, which includes investor-owned natural gas distribution companies (e.g., Eversource).
The bill extends certain elements of this jurisdiction to “persons involved in the transportation ofgas,” which, under the bill, includes 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 (§ 2) 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 they own or control.
The bill expands this access to also include their “plants” and to 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 and equipment, 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.
Under existing law, unchanged by the bill, the offender may be imprisoned up to six months or both fined and imprisoned.
Investigatory Powers (§ 3) Current law allows PURA to summon witnesses and require the production of various documents related to a public service company’s sSB858 / File No.
282 22 sSB858 File No.
282 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.
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 (§ 4) 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 them.
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;
3.
allowing PURA to investigate and issue orders, impose civil penalties, award attorney’s fees and order 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 sSB858 / File No.
282 23 sSB858 File No.
282 the whistleblower protections.
PURA Authority to Order Improvements (§ 5) Current law generally (1) 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, and (2) 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 (§ 6) 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.
They must also submit a monthly written report onminor accidents to PURA.
A failure to comply with these requirements is subject to a fine up to $500 per offense.
Enforcement (§ 7) 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 requires violators to be penalized, by PURA’s order, under the applicable statutorypenaltyor,ifnopenaltyisprescribed, withafineupto$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.
sSB858 / File No.
282 24 sSB858 File No.
282 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 (§ 11) 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.
§§ 8-10 — FEDERAL STANDARDS & PURA REGULATIONS PURA Waivers (§ 8) 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.
Current law generally allows PURA to waive the federal standards in individual cases when warranted by local circumstances or conditions.
The bill allows PURA to also do this for the regulations it adopts.
Federal Standards (§ 9) 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).
Penalties (§ 10) 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)).
COMMITTEE ACTION sSB858 / File No.
282 25 sSB858 File No.
282 Energy and Technology Committee Joint Favorable Substitute Yea 26 Nay 0 (03/18/2021) sSB858 / File No.
282 26
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Action History

  1. HOUSE CALENDAR NUMBER 591

  2. FAV. RPT., TABLED FOR HOUSE CALENDAR

  3. SENATE PASSED

  4. FILE NO. 282

  5. SENATE CALENDAR NUMBER 184

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

  7. RPTD. OUT OF LCO

  8. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21

  9. FILED WITH LCO

  10. Joint Favorable Substitute

  11. PUBLIC HEARING 0218

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

Sponsors

  • Energy And Technology Committee · Primary

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Energy And Technology Committee

Co-sponsors (0)

None.

Not signed on (186)

186 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 858?
SB 858 is sponsored by Energy And Technology Committee.
What is the current status of SB 858?
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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