Conn. Gen. Stat. § 16-245y — Connecticut Code / Title 16 / Chapter 283 / Section 16-245y
Sec. 16-245y. Annual reporting re status of electric deregulation.
Status: in_force

(b) Not later than October 1, 2011, and annually thereafter, each electric supplier, as defined in section 16-1 , shall report to the Department of Energy and Environmental Protection and the Public Utilities Regulatory Authority the following information regarding the preceding twelve-month period or any part thereof that the supplier has been licensed pursuant to section 16-245 : (1) Total megawatt hours of electricity produced from generating facilities owned by the supplier or under long-term contract to the supplier that are sold to end use customers in the state; (2) total megawatt hours of electricity purchased by the supplier from other sources and sold to end use customers in the state; (3) the proportion of such production from facilities listed under subdivision (1) of this subsection that use nuclear fuels, oil, coal, natural gas, hydropower and other fuels as the principal generation fuel; and (4) the amount of emissions from facilities listed under subdivision (1) of this subsection of the pollutants identified by the Department of Energy and Environmental Protection, which shall include, but not be limited to: (A) Volatile organic compounds; (B) nitrogen oxides; (C) sulfur oxides; (D) carbon dioxide; (E) carbon monoxide; (F) particulates; and (G) heavy metals. Not later than January 1, 2000, and annually thereafter, the Department of Energy and Environmental Protection, in consultation with the Public Utilities Regulatory Authority, shall report state-wide data for these variables to the joint standing committees of the General Assembly having cognizance of matters relating to the environment and energy.

(c) Not later than January 1, 2011, and annually thereafter, the Public Utilities Regulatory Authority shall report to the joint standing committee of the General Assembly having cognizance of matters relating to energy the number of applicants for licensure pursuant to section 16-245 during the preceding twelve months, the number of applicants licensed by the authority and the average period of time taken to process a license application. Any such report may be submitted electronically.
Conn. Gen. Stat. § 16-245f — Connecticut Code / Title 16 / Chapter 283 / Section 16-245f
Sec. 16-245f. Funding of certain disbursements to the General Fund. Funding of stranded costs through rate reduction bonds. Funding of economic recovery transfer through economic recovery revenue bonds. Assessment.
Status: in_force

(b) Prior to September 1, 2010, each electric distribution company shall submit to the authority an application for a financing order with respect to funding the economic recovery transfer through the issuance of economic recovery revenue bonds. The authority shall hold a hearing for each such electric distribution company to determine the amount necessary to fund the economic recovery transfer, the payment of economic recovery revenue bonds, costs of issuance, credit enhancements and operating expenses for the economic recovery revenue bonds. Such amount as determined by the authority shall constitute transition property. The authority shall allocate the responsibility for the funding of the economic recovery transfer and the expenses of the economic recovery revenue bonds equitably between the electric distribution companies. Such allocation may provide that the respective charges payable by the customers of each electric distribution company may commence on different dates and that such rates may vary over the period the economic recovery revenue bonds and the related operating expenses are being paid, provided (1) such charges are equitably allocated to the customers of each electric distribution company, and (2) the authority determines that, over such period, and taking into account the timing of charges, the charges on a kilowatt hour basis assessed to the customers of the respective electric distribution companies have substantially the same present value after consultation with the finance authority as to the discount rate to be used in determining such present value. Any hearing with respect to a financing order in respect to the economic recovery transfer and the issuance of economic recovery revenue bonds shall not be a contested case, as defined in section 4-166 . The authority shall issue a financing order in respect to the economic recovery revenue bonds for each electric distribution company on or before October 1, 2010. In such financing order, the authority shall determine the competitive transition assessment in respect of the economic recovery revenue bonds, which shall not be assessed prior to June 30, 2011, unless the authority sets an earlier date in the financing order. The authority may provide in such financing order that money from other sources, including proceeds of charges assessed customers of municipal electric companies, transferred to the trustee under the indenture and intended to be used to pay debt service on the bonds shall be taken into account in making adjustments to the competitive transition assessment pursuant to subdivision (2) of subsection (b) of section 16-245i if such payment is not made from General Fund revenues and would not adversely affect the tax status or credit rating of economic recovery revenue bonds.

(c) The authority, during the period commencing on January 1, 2011, and ending June 30, 2011, shall assess or cause to be assessed a charge per kilowatt hour of electricity sold to each end use customer of an electric distribution company and shall cause such assessments to be remitted to the General Fund. The authority shall set such charge at a level which the authority estimates will generate forty million dollars during the period it is assessed. Such charge shall not be assessed after June 30, 2011.

See Sec. 16-19uu re adjustments to competitive transition assessment with respect to economic recovery revenue bonds.
Conn. Gen. Stat. § 16-262n — Connecticut Code / Title 16 / Chapter 283 / Section 16-262n
Sec. 16-262n. Definition. Economic viability of water companies. Reviews. Failure to comply with orders. Hearings.
Status: in_force

(b) The Public Utilities Regulatory Authority, in consultation with the Department of Public Health and the Department of Energy and Environmental Protection, may review the economic viability of a water company, except a municipal water company, based upon performance measures of the company's stability and financial condition, technical and managerial expertise and efficiency, and physical condition and capacity of plant. The Public Utilities Regulatory Authority shall make recommendations for improvement or provide counseling to a reviewed water company to assist in improving the company's economic viability.

(c) Whenever any water company fails to comply with an order issued pursuant to section 16-11 , 25-32 , 25-33 or 25-34 , concerning the availability or potability of water or the provision of water at adequate volume and pressure, or if the Public Utilities Regulatory Authority determines a water company does not possess economic viability pursuant to subsection (b) of this section, the Public Utilities Regulatory Authority, the Department of Public Health and, when its participation is required, the Department of Energy and Environmental Protection, may, or following a request from a water company filed pursuant to section 16-46 , shall, after notice to public and private water companies, municipal utilities furnishing water service, municipalities or other appropriate governmental agencies in the service area of the water company, conduct a hearing in accordance with the provisions of sections 4-176e , 4-177 , 4-177c and 4-180 to determine the actions that may be taken and the expenditures that may be required, including the acquisition of the water company by a suitable public or private entity, to assure the availability and potability of water and the provision of water at adequate volume and pressure to the persons served by the water company at a reasonable cost.
Conn. Gen. Stat. § 16a-37x — Connecticut Code / Title 16a / Chapter 298 / Section 16a-37x
Sec. 16a-37x. Energy-savings performance contract process for state agencies and participating municipalities.
Status: in_force

(1) “Energy-savings measure” means any improvement to facilities or other energy-consuming systems designed to reduce energy or water consumption and operating costs and increase the operating efficiency of facilities or systems for their appointed functions. “Energy-savings measure” includes, but is not limited to, one or more of the following:

(A) Replacement or modification of lighting and electrical components, fixtures or systems, including daylighting systems, improvements in street lighting efficiency or computer power management software;

(B) Class I renewable energy or solar thermal systems;

(C) Cogeneration systems that produce steam or forms of energy, such as heat or electricity, for use primarily within a building or complex of buildings;

(D) Automated or computerized energy control systems;

(E) Heating, ventilation or air conditioning system modifications or replacements;

(F) Indoor air quality improvements that conform to applicable building code requirements;

(G) Water-conserving fixtures, appliances and equipment or the substitution of non-water-using fixtures, appliances and equipment, or water-conserving landscape irrigation equipment;

(H) Changes in operation and maintenance practices;

(I) Replacement or modification of windows or doors; and

(J) Installation or addition of insulation.

(2) “Cost effective” means the savings resulting from energy-savings measures outweigh the costs of such measures, including, but not limited to, any financing costs, provided the payback period for any financing provided pursuant to this section is less than the functional life of the proposed energy-savings measure and the payback period for the comprehensive package of measures does not exceed twenty years.

(3) “Operation and maintenance cost savings” means a measurable decrease in operation and maintenance costs and future replacement expenditures that is a direct result of the implementation of one or more utility cost savings measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs.

(4) “Qualified energy service provider” means a corporation approved by the Department of Administrative Services with a record of successful energy performance contract projects experienced in the design, implementation and installation of energy efficiency and facility improvement measures, the technical capabilities to ensure such measures generate energy and operational cost savings, and the ability to secure the financing necessary to support energy savings guarantees.

(5) “Utility cost savings” means any utility expenses eliminated or avoided on a long-term basis as a result of equipment installed or modified, or services performed by a qualified energy service provider; “utility cost savings” does not include merely shifting personnel costs or similar short-term cost savings.

(6) “State agency” has the same meaning as provided in section 1-79 .

(7) “Municipality” has the same meaning as provided in section 4-230 .

(8) “Participating municipality” means a municipality that voluntarily takes part in the standardized energy-savings performance contract process.

(9) “Standardized energy-savings performance contract process” means standard procedures for entering into an energy-savings performance contract and standard energy-savings performance contract documents established by the Department of Energy and Environmental Protection.

(10) “Investment-grade energy audit” means a study by the qualified energy services provider selected for a particular energy-savings performance contract project which includes detailed descriptions of the improvements recommended for the project, the estimated costs of the improvements, and the utility and operations and maintenance cost savings projected to result from the recommended improvements.

(11) “Energy-savings performance contract” means a contract between the state agency or municipality and a qualified energy service provider for evaluation, recommendation and implementation of one or more energy-savings measures. An energy-savings performance contract shall be a guaranteed energy-savings performance contract, which shall include, but not be limited to, (A) the design and installation of equipment and, if applicable, operation and maintenance of any of the measures implemented; and (B) guaranteed annual savings that meet or exceed the total annual contract payments made by the state agency or municipality for such contract, including financing charges to be incurred by the state agency or municipality over the life of the contract.

(b) On or before July 1, 2012, the Commissioner of Energy and Environmental Protection, in coordination with the Energy Conservation Management Board and in consultation with the Office of Policy and Management and the Department of Administrative Services, shall, within available appropriations, establish a standardized energy-savings performance contract process for state agencies and municipalities. The standardized process shall include standard procedures for entering into an energy-savings performance contract and standard energy-savings performance contract documents, including, but not limited to, requests for qualifications, requests for proposals, investment-grade audit contracts, energy-savings performance contracts, including the form of the project savings guarantee, and project financing agreements. A municipality may use the established state standardized energy-savings performance contract process or establish its own energy-savings performance contract process.

(c) The Commissioner of Energy and Environmental Protection, in consultation with the Office of Policy and Management and the Energy Conservation Management Board, shall manage the established standardized energy-savings performance contract process and apprise state agencies and participating municipalities of opportunities to develop and finance energy-savings performance contract projects and provide technical and analytical support, including, but not limited to, (1) procurement of energy-savings performance contract services; (2) reviewing verification procedures for energy savings; and (3) assisting in the structuring and arranging of financing for energy-savings performance contract projects. The Energy Conservation Management Board, in consultation with the Office of Policy and Management, shall create promotional materials to explain the energy-savings performance contract program.

(d) The Department of Energy and Environmental Protection may fix, charge and collect fees to cover costs incurred for any administrative support and resources or services provided under this section from the state agencies and participating municipalities that use its technical support services. State agencies and participating municipalities may add the costs of these fees to the total cost of the energy-savings performance contract. All such fees shall be disclosed prior to services being rendered. Any participating municipality may opt out of the state energy-savings performance contract process rather than incur such fees. Initial administrative funding to establish and manage the energy-savings performance contracting process for state agencies and participating municipalities shall be recovered from the Energy Conservation Management Board.

(e) The standardized energy-savings performance contract process for state agencies and participating municipalities shall include requests for qualifications or requests for proposals.

(1) The Department of Administrative Services, in consultation with the Department of Energy and Environmental Protection, shall issue a request for qualifications from companies that can offer energy-savings performance contract services to create a list of qualified energy service providers. A state agency shall use the qualified list. A municipality may use the qualified list or establish its own qualification process.

(2) When reviewing requests for qualifications, the department shall consider a company's experience with (A) design, engineering, installation, maintenance and repairs associated with energy-savings performance contracts; (B) conversions to a different energy or fuel source, associated with a comprehensive energy efficiency retrofit; (C) post-installation project monitoring, data collection and reporting of savings; (D) overall project management and qualifications; (E) accessing long-term financing; (F) financial stability; (G) projects of similar size and scope; (H) in-state projects and Connecticut-based subcontractors; (I) United States Department of Energy programs; (J) professional certifications; and (K) other factors determined by the department to be relevant and appropriate.

(3) Before entering into an energy-savings performance contract pursuant to this section, a state agency or participating municipality shall issue a request for proposals from three or more qualified energy service providers. A state agency or participating municipality may award the energy-savings performance contract to the qualified energy service provider that best meets the needs of the state agency or participating municipality, which need not be the lowest cost provided. A cost-effective feasibility analysis shall be prepared in response to the request for proposals.

(4) The cost-effective feasibility analysis included in the response to the request for proposals shall serve as the selection document for purposes of selecting a qualified energy service provider to engage in final contract negotiations. Factors to be included in selecting among the qualified energy service providers shall include, but not be limited to, (A) contract terms, (B) comprehensiveness of the proposal, (C) financial stability of the provider, (D) comprehensiveness of cost savings measures, (E) experience and quality of technical approach, and (F) overall benefits to the state agency or municipality.

(f) One qualified energy service provider selected as a result of the request for proposals set forth in subsection (e) of this section shall prepare an investment-grade audit, which, upon acceptance, shall be part of the final energy-savings performance contract entered into by the state agency or participating municipality. Such investment-grade energy audit shall include estimates of the amounts by which utility cost savings and operation and maintenance cost savings would increase and estimates of all costs of such utility cost savings measures or energy-savings measures, including, but not limited to, (1) itemized costs of design, (2) engineering, (3) equipment, (4) materials, (5) installation, (6) maintenance, (7) repairs, and (8) debt service. The qualified energy service provider and the state agency or participating municipality shall agree on the cost of the investment-grade audit before it is conducted. If, after preparation of the investment-grade audit, the state agency or participating municipality decides not to execute an energy-savings performance contract and the costs and benefits described in the investment-grade audit are not materially different from those described in the cost-effective feasibility analysis submitted in response to the request for proposals, the state agency or participating municipality shall pay the costs incurred in preparing such investment-grade audit. In all other instances, the costs of the investment-grade audit shall be deemed part of the costs of the energy-savings performance contract.

(g) The guidelines adopted pursuant to this section may require that the cost savings projected by the qualified provider be reviewed by a professional engineer licensed in this state who has a minimum of three years experience in energy calculation and review, is not an officer or employee of a qualified provider for the contract under review, and is not otherwise associated with the contract. In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment. An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract.

(h) A municipality may use funds designated for operating and capital expenditures or utilities for any energy-savings performance contract, including, but not limited to, contracts entered into pursuant to this section.

(i) A guaranteed energy-savings performance contract may provide for financing, including tax exempt financing, by a third party. The contract for third-party financing may be separate from the energy-savings performance contract. A state agency or participating municipality may use designated funds, bonds, lease purchase agreements or master lease for any energy-savings performance contracts, provided its use is consistent with the purpose of the appropriation.

(j) Each energy-savings performance contract shall provide that all payments between parties, except obligations on termination of the contract before its expiration, shall be made over time and the objective of such energy-savings performance contracts is implementation of cost savings measures and energy and operational cost savings.

(k) An energy-savings performance contract, and payments provided thereunder, may extend beyond the fiscal year in which the energy-savings performance contract became effective, subject to appropriation of moneys, if required by law, for costs incurred in future fiscal years. The energy-savings performance contract may extend for a term not to exceed twenty years. The allowable length of the contract may also reflect the useful life of the cost savings measures. An energy-savings performance contract may provide for payments over a period not to exceed deadlines specified in the energy-savings performance contract from the date of the final installation of the cost savings measures.

(l) The energy-savings performance contract may provide that reconciliation of the amounts owed under the energy-savings performance contract shall occur in a period beyond one year with final reconciliation occurring within the term of the energy-savings performance contract. An energy-savings performance contract shall include contingency provisions in the event that actual savings do not meet predicted savings.

(m) The energy-savings performance contract shall require the qualified energy service provider to provide to the state agency or participating municipality an annual reconciliation of the guaranteed energy cost savings. If the reconciliation reveals a shortfall in annual energy cost savings, the qualified energy service provider shall make payment to the state agency or participating municipality in the amount of the shortfall. If the reconciliation reveals an excess in annual energy cost savings, the excess savings shall remain with the state agency or municipality, and shall not be used to cover potential energy cost savings shortages in subsequent years or actual energy cost savings shortages in previous contract years.

(n) During the term of each energy performance contract, the qualified energy service provider shall monitor the reductions in energy consumption and cost savings attributable to the cost savings measures installed pursuant to the energy-savings performance contract and shall, not less than annually, prepare and provide a report to the state agency or participating municipality documenting the performance of the cost savings measures to the state agency or participating municipality. The report shall adhere to the most current version of the International Performance Measurement and Verification Protocol.

(o) The qualified energy service provider and state agency or participating municipality may agree to modify savings calculations based on any of the following:

(1) Subsequent material change to the baseline energy consumption identified at the beginning of the energy-savings performance contract;

(2) Changes in the number of days in the utility billing cycle;

(3) Changes in the total square footage of the building;

(4) Changes in the operational schedule of the facility;

(5) Changes in facility temperature;

(6) Material change in the weather;

(7) Material changes in the amount of equipment or lighting used at the facility; or

(8) Any other change which reasonably would be expected to modify energy use or energy costs.

(p) Any state agency or participating municipality that enters into an energy-savings performance contract pursuant to this section shall report the name of the project, the project host, the investment on the project and the expected energy savings to the Office of Policy and Management and the Department of Energy and Environmental Protection. Such reporting shall be done at the same time that the energy-savings performance contract is executed.

(q) A state agency or participating municipality may direct savings realized under the energy-savings performance contract to contract payment and other required expenses and may, when practicable, reinvest savings beyond that required for contract payment and other required expenses into additional energy-savings measures.
Conn. Gen. Stat. § 16-245t — Connecticut Code / Title 16 / Chapter 283 / Section 16-245t
Sec. 16-245t. Complaints to authority re electric suppliers; procedures; remedies.
Status: in_force

(b) Nothing contained in this section shall be construed so as to restrict the right of any person to pursue any other remedy available to the person under law.
Conn. Gen. Stat. § 16-5 — Connecticut Code / Title 16 / Chapter 277 / Section 16-5
Sec. 16-5. Removal.
Status: in_force

Continued violation of statutory duty would constitute material neglect of duty. 111 C. 639. Statute does not violate due process. Id., 647. Former provision required Attorney General to file complaint on petition of one hundred electors alleging facts not manifestly untrue. 112 C. 586.
Conn. Gen. Stat. § 16a-38m — Connecticut Code / Title 16a / Chapter 298 / Section 16a-38m
Sec. 16a-38m. Bond authorization for energy services projects or renewable energy or combined heat and power projects in state buildings.
Status: in_force

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Energy and Environmental Protection for the purpose of funding any energy services project that results in increased efficiency measures in state buildings pursuant to section 16a-38 l , or for any renewable energy or combined heat and power project in state buildings.

(c) All provisions of section 3-20 , or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.
Conn. Gen. Stat. § 16-245nn — Connecticut Code / Title 16 / Chapter 283 / Section 16-245nn
Sec. 16-245nn. Residential solar photovoltaic system permit.
Status: in_force

(1) “Residential solar photovoltaic system” means equipment and devices that have the primary purpose of collecting solar energy and generating electricity by photovoltaic effect, have a nameplate capacity rating of twelve kilowatts or less, are installed on the roof of a single-family home and conform to the Connecticut State Building Code;

(2) “Municipality” means any town, city, borough, consolidated town and city or consolidated town and borough;

(3) “Electronic submission” means the act of a permit applicant who submits his or her completed application to a municipality for review by means of electronic mail, facsimile or electronic application available on a municipality's Internet web site.

(b) Not later than January 1, 2016, each municipality shall incorporate residential solar photovoltaic systems in its building permit application process or utilize a residential solar photovoltaic system permit application supplement. Each municipality may (1) develop and post on the municipality's Internet web site a permit application for the installation of a residential solar photovoltaic system, (2) allow for electronic submission of such application, and (3) exempt such system from payment of permit fees pursuant to subsection (c) of section 29-263 .

(c) Not more than thirty days after receipt of a permit application, a municipality shall inform such permit applicant whether such application is approved or disapproved.

(d) In conducting inspections of work completed pursuant to a residential solar photovoltaic system permit, a local building official may use additional resources as described in the International Residential Code portion of the Connecticut State Building Code. Inspections shall be performed pursuant to said International Residential Code portion of the Connecticut State Building Code.

(e) Nothing in this section shall authorize any person to cause any home or structure located within a historic district established pursuant to section 7-147b to be altered, as defined in section 7-147a .

(f) Not later than December 1, 2015, the Connecticut Green Bank, in consultation with the office of the State Building Inspector, shall plan, implement and host five residential solar photovoltaic system permit training seminars, in different municipalities for the purpose of providing guidance and information to municipal officials developing a permitting process in accordance with this section. The Connecticut Green Bank may consult with the Connecticut Conference of Municipalities, the Connecticut Council of Small Towns, the Renewable Energy and Efficiency Business Association and any other organization or representative of such organization in the planning and implementation of the training seminars.
Conn. Gen. Stat. § 16a-101 — Connecticut Code / Title 16a / Chapter 298a / Section 16a-101
Sec. 16a-101. (Formerly Sec. 19-405). Definitions.
Status: in_force

(1) “Atomic energy” has the same meaning as provided in 42 USC 2014, as amended from time to time;

(2) “By-product material” means each of the following: (A) Any radioactive material, other than special nuclear material, that is yielded in or made radioactive by exposure to radiation which is incidental to the process of producing or utilizing special nuclear material; (B) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes but excluding any underground ore bodies depleted by such solution extraction processes; (C) any discrete source of radium-226 that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; (D) any material that was made radioactive by use of a particle accelerator and that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; and (E) any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction for use in a commercial, medical or research activity, if the United States Nuclear Regulatory Commission determines that the source would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety;

(3) “Production facility” has the same meaning as provided in 42 USC 2014, as amended from time to time;

(4) “Special nuclear material” means: (A) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material if the United States Nuclear Regulatory Commission determines the material to be such special nuclear material, but does not include source material; or (B) any material artificially enriched by any elements, isotopes or materials listed in subparagraph (A) of this subdivision not including source materials;

(5) “Utilization facility” has the same meaning as provided in 42 USC 2014, as amended from time to time;

(6) “Radioactive material” means any solid, liquid or gas that emits ionizing radiation spontaneously;

(7) “Source material” means each of the following: (A) Uranium, thorium or any combination of said elements, in any physical or chemical form; (B) any other material if the United States Nuclear Regulatory Commission determines the material to be source material; and (C) ores that contain uranium, thorium or any combination of said elements in a concentration by weight of 0.05 per cent or more, or in such lower concentration if the United States Nuclear Regulatory Commission determines the material in such concentration to be source material;

(8) “Naturally occurring radioactive material” means material that contains radionuclides that are naturally present in the environment in materials, including, but not limited to, rocks, soil, minerals, natural gas, petroleum and ground or surface water;

(9) “Discrete source” means a radionuclide that was processed such that its concentration within a material was purposely increased for use for commercial, medical or research activities.
Conn. Gen. Stat. § 16a-22k — Connecticut Code / Title 16a / Chapter 296 / Section 16a-22k
Sec. 16a-22k. Unfair trade practices in the business of selling heating fuel. Fines.
Status: in_force

(b) Any dealer who sells heating fuel and who has established a schedule of payments plan with a consumer shall, upon notice of termination of future heating fuel deliveries, return to such consumer, within ten days of receiving such notice, any moneys collected in excess of the retail price for heating fuel actually delivered, provided this subsection shall not apply to a schedule of payment plan in which a specific product unit price is agreed upon for the length of the plan.

(c) Each heating fuel dealer who sells under a trade name heating fuel or who provides service for heating fuel burners shall disclose to any consumer or potential consumer on any communication and invoice and in any advertising, the name of the person or entity which has filed a certificate to use such a trade name.

(d) Any violation of subsections (a) to (c), inclusive, of this section shall be deemed an unfair or deceptive trade practice under section 42-110b .

(e) Any heating fuel dealer who violates the provisions of this section shall be fined not more than five hundred dollars for the first offense, not more than seven hundred fifty dollars for a second offense occurring not more than three years after a prior offense and not more than one thousand five hundred dollars for a third or subsequent offense occurring not more than three years after a prior offense.

Cited. 231 C. 707.
Conn. Gen. Stat. § 16-256i — Connecticut Code / Title 16 / Chapter 283 / Section 16-256i
Sec. 16-256i. Primary local or intrastate interexchange carrier orders. Unauthorized switching. Penalty.
Status: in_force

(1) “Customer” means (A) in the case of a residential customer, any adult who is authorized by the individual in whose name the local exchange carrier has established an account for telecommunications services to authorize a change in telecommunications services, and (B) in the case of a business customer, any individual who is authorized by the business to authorize a change in telecommunications services;

(2) “Telemarketer” means any individual who, by telephone, initiates the sale of telecommunications services for a telecommunications company; and

(3) “Telemarketing” means the act of soliciting by telephone the sale of telecommunications services.

(b) A telecommunications company shall not submit a primary, local or intrastate interexchange carrier change order to a company providing local exchange telephone service prior to the order being confirmed in accordance with the provisions of Subpart K of Part 64 of Title 47 of the Code of Federal Regulations, as from time to time amended, and the provisions of this section, if applicable.

(c) A telecommunications company or its affiliate or authorized representative using telemarketing to initiate the sale of telecommunications services shall comply with the following requirements for all such telemarketing calls: (1) The telemarketer shall identify himself by name and identify the telecommunications company providing the proposed services and the name of the business, firm, corporation, association, joint stock association, trust, partnership, or limited liability company, if different from the telecommunications company, for whom the call is made; (2) the telemarketer shall state that only the customer may authorize a change in service; (3) the telemarketer shall confirm that he is speaking to the customer; (4) the telemarketer shall clearly explain the proposed services in detail and explain that an affirmative response will change the customer's telecommunications carrier; (5) the telemarketer shall obtain from the customer an affirmative response that the customer agrees to a change in his primary, local or intrastate interexchange carrier; and (6) the primary, local or intrastate interexchange carrier change order or independent third party verification record shall identify the individual with whom the telemarketer confirmed the authorization to change the primary, local or intrastate interexchange carrier.

(d) (1) A telecommunications company or its affiliate or authorized representative using telemarketing to initiate the sale of telecommunications services shall (A) prior to submitting a change in primary, local or intrastate interexchange carriers, obtain verbal authorization confirmed by an independent third party or written authorization of such change from the customer, and (B) not more than four business days after obtaining notification or confirmation that the change in carrier has been made, send by first class mail to the customer notification that the customer's primary, local or intrastate interexchange carrier has been changed, along with a postpaid postcard or toll-free number which the customer can use to deny authorization for the change order. If the telecommunications company receives a postcard or telephone call at the toll-free number provided in the notification denying authorization for the change, the company shall immediately notify the customer's previous carrier and shall cause the customer's primary, local or intrastate interexchange service to be switched back to the customer's previous carrier and shall: (i) Adjust the affected customer's bill so that the customer pays no more than the customer would have paid had his carrier not been switched; (ii) pay the previous carrier an amount equal to all charges paid by the customer after the change to the new carrier; and (iii) pay the previous carrier an amount equal to all expenses assessed by the local exchange company for switching the customer's primary, local or intrastate interexchange service.

(2) It shall be an unfair or deceptive trade practice, in violation of chapter 735a, for any telecommunications company to unreasonably delay or deny a request by a customer to switch a customer's primary, local or intrastate interexchange carrier back to the customer's previous carrier.

(e) The authority shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions in this section.

(f) A telecommunications company, or its affiliate or authorized representative using telemarketing to initiate the sale of telecommunications services, which the authority determines, after notice and opportunity for a hearing as provided in section 16-41 , has failed to comply with the provisions of this section or section 16-256j shall pay to the state a civil penalty of not more than ten thousand dollars per violation.
Conn. Gen. Stat. § 16-50q — Connecticut Code / Title 16 / Chapter 277a / Section 16-50q
Sec. 16-50q. Judicial review.
Status: in_force

(b) On and after October 1, 2025, if a municipality seeks judicial review under this section, and such municipality is a prevailing party in the action, the court may award the municipality reasonable attorneys' fees and costs. No public service company may recover any such attorneys' fees or costs awarded by a court through rates if the court finds that the public service company acted imprudently in the application process or petition and such imprudence was the primary cause of the municipality prevailing in such action.

Since appellate review for both issuance of original certificates and for amendments thereto is provided for, it is not intended that application for amendment opens, for all purposes including appellate review, the previously issued granting of certification. 177 C. 623. Cited. 212 C. 157; 220 C. 516.

Cited. 37 CA 653; judgment reversed, see 238 C. 361. Section does not confer automatic statutory aggrievement on parties to appeal adverse decision of council. 133 CA 851.
Conn. Gen. Stat. § 16-243y — Connecticut Code / Title 16 / Chapter 283 / Section 16-243y
Sec. 16-243y. Microgrid and resilience grant and loan pilot program to support distributed energy generation for critical facilities.
Status: in_force

(1) “Regional councils of governments” means a regional council of governments organized under the provisions of sections 4-124i to 4-124p , inclusive;

(2) “Critical facility” means any hospital, police station, fire station, water treatment plant, sewage treatment plant, public shelter, correctional facility or production and transmission facility of a television or radio station, whether broadcast, cable or satellite, licensed by the Federal Communications Commission, any commercial area of a municipality, a municipal center, as identified by the chief elected official of any municipality, or any other facility or area identified by the Department of Energy and Environmental Protection as critical;

(3) “Distributed energy generation” means the generation of electricity from a unit with a rating of not more than sixty-five megawatts on the premises of a retail end user within the transmission and distribution system;

(4) “Electric distribution company” and “participating municipal electric utility” have the same meanings as provided in section 16-1 ;

(5) “Microgrid” means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that acts as a single controllable entity with respect to the grid and that connects and disconnects from such grid to enable it to operate in both grid-connected or island mode;

(6) “Resilience” means the ability to prepare for and adapt to changing conditions and withstand and recover rapidly from deliberate attacks, accidents or naturally occurring threats or incidents, including, but not limited to, threats or incidents associated with the impacts of climate change; and

(7) “Vulnerable communities” means populations that may be disproportionately impacted by the effects of climate change, including, but not limited to, low and moderate income communities, environmental justice communities pursuant to section 22a-20a , communities eligible for community reinvestment pursuant to section 36a-30 and the Community Reinvestment Act of 1977, 12 USC 2901 et seq., as amended from time to time, populations with increased risk and limited means to adapt to the effects of climate change, or as further defined by the Department of Energy and Environmental Protection in consultation with community representatives.

(b) The Department of Energy and Environmental Protection shall establish a microgrid and resilience grant and loan pilot program to support local distributed energy generation for critical facilities or resilience projects. The department shall develop and issue a request for proposals from eligible recipients that shall include, but need not be limited to, any local or regional governmental entity, municipal corporation, regional council of governments, public authority, state and federally recognized tribe, electric distribution company, participating municipal electric utility, energy improvement district and nonprofit, academic and private entity seeking to develop microgrid distributed energy generation, or to repurpose existing distributed energy generation for use with microgrids, to support critical facilities or to develop resilience projects. Any such eligible recipient may collaborate with any other such eligible recipient in submitting such proposal. The department may use any bond funds authorized in support of microgrids or resilience to: (1) Provide grants or loans to eligible recipients, and (2) hire a technical consultant to support the implementation of this section.

(c) The department may award grants or loans under the microgrid and resilience grant and loan pilot program to any number of eligible recipients. The department shall prioritize proposals that benefit vulnerable communities. Such grants and loans may provide: (1) Assistance with community planning that includes, but is not limited to, microgrid or resilience project feasibility, including benefit-cost analyses, (2) assistance to recipients for the cost of design, engineering services and interconnection infrastructure for any such microgrid or resilience project, (3) matching funds or low interest loans for an energy storage system or systems, as defined in section 16-1 , or distributed energy generation projects first placed in service on or after July 1, 2016, provided such generation is derived from a Class I renewable energy source, as defined in section 16-1 , or a Class III energy source, as defined in section 16-1 , for any such microgrid or resilience project, and (4) nonfederal cost share for grant or loan applications for projects or programs that include microgrids or resilience. The department may establish any financing mechanism to provide or leverage additional funding to support the development of interconnection infrastructure, distributed energy generation, microgrids and resilience projects.

(d) Not later than January first, annually, for a period of five years after receiving a grant or loan under the microgrid and resilience grant and loan pilot program, the recipient of such grant or loan shall submit a report to the Public Utilities Regulatory Authority, the Office of Consumer Counsel and the Department of Energy and Environmental Protection and, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and energy. Such report shall include information concerning the status of such recipient's microgrid or resilience project.
Conn. Gen. Stat. § 16-243cc — Connecticut Code / Title 16 / Chapter 283 / Section 16-243cc
Sec. 16-243cc. Energy storage deployment. Report.
Status: in_force

(1) Three hundred megawatts by December 31, 2024;

(2) Six hundred fifty megawatts by December 31, 2027; and

(3) One thousand megawatts by December 31, 2030.
Conn. Gen. Stat. § 16-47a — Connecticut Code / Title 16 / Chapter 277 / Section 16-47a
Sec. 16-47a. Code of conduct for gas company transactions with affiliates.
Status: in_force

(b) The Public Utilities Regulatory Authority shall establish a code of conduct that sets minimum standards for gas company transactions with affiliates to achieve, at a minimum, the following goals, provided such code shall not interfere with interactions with regulated affiliates that are consistent with appropriate and efficient business practice or the public interest:

(1) Provide rules for when the purchases or sales of goods or services between a gas company and an affiliate should be by written contract based on such factors as the nature, value and term of the purchase or sale;

(2) Provide rules with respect to sharing or giving access to certain types of customer identifying or commercially sensitive information to affiliates that may differ between regulated and unregulated affiliates;

(3) Provide for a system of records and reporting for transactions between a gas company and its affiliates;

(4) Establish standards to ensure that any payment by a gas company to any affiliate or from any affiliate to a gas company is appropriate and reasonable;

(5) Provide a standard for avoidance of conflict of interest between a gas company and affiliates;

(6) Ensure that any such transactions shall not have an improper and adverse impact on the costs or revenues of the gas company, on the rates and charges paid by gas company customers or on the quality of service provided by the gas company;

(7) Ensure that gas company ratepayers do not subsidize affiliate operations;

(8) Ensure fair, appropriate and equitable standards for purchases, sales, leases, asset transfers and cost or profit-sharing transactions or any type of financing or encumbrance involving a gas company and its affiliates; and

(9) Ensure that gas supply and distribution services are provided by a gas company in an appropriate manner to affiliates and nonaffiliates alike.

(c) In addition to the powers granted to the authority in section 16-8c , during a rate proceeding under 16-19 , the authority may summon witnesses from an affiliate with which a gas company has had direct or indirect transactions, examine the affiliate under oath and order production, inspect and audit the books, records or other information relevant to any transaction that the authority has reason to believe has or will have an adverse impact on the costs and revenues of the affiliated gas company. Proprietary commercial and proprietary financial information of an affiliate provided pursuant to this section shall be confidential and protected by the authority as the authority deems appropriate, subject to the provisions of section 1-210 .

(d) Each gas company shall submit to the authority records and such information as the authority may require, at intervals determined by the authority and in such form as the authority may order regarding affiliate transactions.

(e) The authority may, upon its own motion, investigate a gas company's compliance with the code of conduct, and any such investigation shall be a contested case, as defined in section 4-166 .

(f) The authority may make orders to enforce the code of conduct, including, but not limited to, cease and desist orders and may levy civil penalties pursuant to section 16-41 against entities subject to the code of conduct.

(g) The code of conduct shall not prohibit communications necessary to restore gas company service or to prevent or respond to emergency conditions.

(h) On or before November 1, 2010, the authority shall adopt regulations, in accordance with the provisions of chapter 54, to establish the code of conduct in accordance with subsection (b) of this section, related accounting and reporting requirements and procedures for gas company and affiliate compliance with this section.

(i) Any methodology for the allocation of costs between a gas company and other companies under the control of the same holding company currently approved by, or under current orders issued by, the Securities and Exchange Commission under the Public Utility Holding Company Act of 1935 or the Federal Energy Regulatory Commission under the Public Utility Holding Company Act of 2005, shall be entitled to a rebuttable presumption of reasonableness. Charges rendered to a gas company by an affiliate that is a traditional centralized service company shall be at cost and entitled to a rebuttable presumption of reasonableness.
Conn. Gen. Stat. § 16-331cc — Connecticut Code / Title 16 / Chapter 289 / Section 16-331cc
Sec. 16-331cc. Public, educational and governmental programming and education technology investment account. Tax. Penalty and interest. One-time transfer.
Status: in_force

(b) The moneys in said account shall be expended by the Public Utilities Regulatory Authority as follows: (1) Fifty per cent of said moneys shall be available to local community antenna television and video advisory councils; the state-wide video advisory council; public, educational and governmental programmers and public, educational and governmental studio operators to subsidize capital and equipment costs related to producing and procuring such programming, and (2) fifty per cent of said moneys shall be available to boards of education and other education entities for education technology initiatives.

(c) (1) The account shall be supported solely through a tax equal to one-half of one per cent of the gross earnings from rendering community antenna television service, video programming service by satellite and certified competitive video service in this state for quarterly periods beginning on or after October 1, 2007, and before October 1, 2009, and a tax equal to one-quarter of one per cent of the gross earnings from rendering community antenna television service, video programming service by satellite and certified competitive video service in this state for quarterly periods beginning on or after October 1, 2009, by each person operating a community antenna television system under this chapter or a certified competitive video service pursuant to sections 16-331e to 16-331p , inclusive, and each person operating a business that provides one-way transmission to subscribers of video programming by satellite. Such tax for a quarterly period shall be remitted to the Department of Revenue Services, on or before the last day of the month next succeeding the quarterly period, on a form prescribed by the Commissioner of Revenue Services, which form shall be signed by the person performing the duties of treasurer or an authorized agent or officer. For the purposes of this section, gross earnings in this state shall be determined in a manner consistent with chapter 211.

(2) The amount of any tax due and unpaid under this section shall be subject to the penalties and interest established in sections 12-268d and 12-268e , and the taxpayer from which such tax is due and unpaid shall be subject to the administrative provisions of sections 12-268f , 12-268g , 12-268i and 12-268 l . The amount of any tax, penalty or interest due and unpaid under this section may be collected under the provisions of section 12-35 .

(d) On or before October 1, 2007, the Public Utilities Regulatory Authority shall initiate a contested case proceeding to establish eligibility requirements and procedures for applying for allocations from the account. On or before April 1, 2008, the authority shall issue a final decision in the contested case proceeding. Such decision shall include any recommendations to the Governor and the General Assembly that the authority deems necessary with regard to the ongoing operation of the account.

(e) For purposes of this section, a holder of a certificate of cable franchise authority pursuant to section 16-331p shall be treated as a person operating a community antenna television system pursuant to this chapter and community antenna television service shall include service provided by a holder of a certificate of cable franchise authority pursuant to section 16-331p .

(f) The Comptroller shall deposit into the public, educational and governmental programming and education technology investment account, established pursuant to this section, the total of the tax imposed on community antenna television service, video programming service by satellite and certified competitive video service pursuant to this section.

(g) When the balance of said account reaches more than one hundred fifty thousand dollars, the authority shall make a one-time transfer of one hundred fifty thousand dollars to the Office of Legislative Management for expenses related to the allowance of interconnection of the Connecticut Television Network with a certified competitive video service provider, as defined in section 16-1 , for the purpose of making the Connecticut Television Network available to such provider's customers.
Conn. Gen. Stat. § 16-247c — Connecticut Code / Title 16 / Chapter 283 / Section 16-247c
Sec. 16-247c. Provision of intrastate telecommunications services. Civil penalty. Competition.
Status: in_force

(b) Each provider of intrastate telecommunications services, as defined in subsection (a) of this section, or any officer, agent or employee thereof, which the authority finds has failed to obey or comply with any applicable order made or regulation adopted by the authority pursuant to this section shall be fined, by order of the authority, not more than ten thousand dollars for each offense. Each distinct violation of any provision of this section or any such order or regulation shall be a separate offense and, in the case of a continued violation, each day thereof shall be deemed a separate offense. The authority shall impose any such civil penalty in accordance with the procedure established in section 16-41 .

(c) The authority shall not prohibit or restrict the competitive provision of intrastate telecommunications services offered by a certified telecommunications provider unless the authority finds that the competitive provision of a telecommunications service would be contrary to the goals set forth in section 16-247a , or would not be in accordance with the provisions of section 16-247a or 16-247b , this section, sections 16-247e to 16-247h , inclusive, or section 16-247k .
Conn. Gen. Stat. § 16-243e — Connecticut Code / Title 16 / Chapter 283 / Section 16-243e
Sec. 16-243e. Electric distribution company purchase of electricity generated by municipal resources recovery facilities.
Status: in_force

(b) Not later than October 1, 2000, and annually thereafter, the authority shall calculate the difference between the amount paid by the electric distribution company pursuant to each such contract in effect during the preceding fiscal year for electricity generated at the facility from waste that originated within such franchise area and the amount that would have been paid had the company been obligated to pay the rate in effect during calendar year 1999, as determined by the authority. The difference, if positive, shall be recovered through the systems benefits charge established under section 16-245 l and remitted to the regional resource recovery authority acting on behalf of member municipalities.

Does not require purchase of all electrical output of Southeastern Conn. Regional Resources Recovery Authority at “municipal rate”. 210 C. 349. Provides for exclusive use of the “municipal rate” for purchase by an electric company from a resource recovery facility of electrical output attributable to franchise waste and that the parties' agreement unambiguously requires payment of the “municipal rate” for the entire output so attributed. 244 C. 280.
Conn. Gen. Stat. § 16a-28 — Connecticut Code / Title 16a / Chapter 297 / Section 16a-28
Sec. 16a-28. Draft revisions; preparation; legislative review; public hearings.
Status: in_force

(b) After December first in 2023 and after December first in each prerevision year thereafter the secretary shall proceed with such further revisions of the draft of the revised plan of conservation and development as he deems appropriate. The secretary shall, by whatever means he deems advisable, publish said plan and disseminate it to the public on or before March first in revision years. The secretary shall post the plan on the Internet web site of the state.

(c) Not later than five months after publication of said revised plan the secretary shall hold public hearings, in cooperation with regional councils of governments, to solicit comments on said plan.
Conn. Gen. Stat. § 16-32m — Connecticut Code / Title 16 / Chapter 277 / Section 16-32m
Sec. 16-32m. Residential customer compensation for expiration of medicine and food due to distribution-system service outage. Recovery of costs. Waiver of requirements.
Status: in_force

(1) “Emergency” means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought or fire explosion that results in sixty-nine per cent or less of the electric distribution company's customers experiencing an outage at the period of peak electrical demand;

(2) “Electric distribution company” has the same meaning as provided in section 16-1 ; and

(3) “After the occurrence of an emergency” means the conclusion of the emergency, as determined by the authority in its discretion, through a review of the following: (A) The time when the electric distribution company could first deploy resources safely in its service territory; (B) the first of any official declarations concerning the end of the emergency; or (C) the expiration of the first of any National Weather Service warning applicable to the service territory.

(b) On and after July 1, 2021, each electric distribution company shall provide to each residential customer compensation in an amount of two hundred fifty dollars, in the aggregate, for any medication and food that expires or spoils due to a distribution-system service outage that lasts more than ninety-six consecutive hours in duration after the occurrence of an emergency.

(c) Any costs incurred by an electric distribution company pursuant to this section shall not be recoverable.

(d) Not later than fourteen calendar days after the occurrence of an emergency, an electric distribution company may petition the authority for a waiver of the requirements of this section. Any petition for a waiver made under this subsection shall include the severity of the emergency, line and restoration crew safety issues and conditions on the ground, and shall be conducted as a contested case proceeding. The burden of proving that such waiver is reasonable and warranted shall be on the electric distribution company. In determining whether to grant such waiver, the authority shall consider whether the electric distribution company received approval and reasonable funding allowances, as determined by the authority, to meet infrastructure resiliency efforts to improve such company's performance.

(e) On or before January 1, 2021, the Public Utilities Regulatory Authority shall initiate a proceeding to consider the implementation of the compensation reimbursement and waiver provisions of this section and establish circumstances, standards and methodologies applicable to each electric distribution company and necessary to implement the provisions of this section, including any modifications to the ninety-six-consecutive-hour standard in subsection (b) of this section. The authority shall issue a final decision in such proceeding on or before July 1, 2021.
Conn. Gen. Stat. § 16a-38a — Connecticut Code / Title 16a / Chapter 298 / Section 16a-38a
Sec. 16a-38a. Energy audits and retrofitting of state buildings. Energy efficiency maintenance program.
Status: in_force

(b) (1) The Commissioner of Administrative Services shall review and evaluate the energy audits completed in accordance with this section and shall, within six months, recommend to the Commissioner of Energy and Environmental Protection buildings for cost effective retrofit measures to enable such buildings to attain any applicable energy performance standards. (2) It shall be a goal that beginning not later than July 1, 1982, work to retrofit at least twenty per cent of the total floor area of existing state-owned buildings for energy conservation shall be commenced in each fiscal year. Where technically feasible, renewable sources of energy shall be used for space heating and cooling, domestic hot water and other applications. (3) It shall be a goal that not later than June 30, 1991, all state-owned buildings be the subject of such energy conservation and renewable energy retrofit measures as will enable them to meet any applicable energy performance standards.

(c) The Commissioner of Administrative Services and the Commissioner of Energy and Environmental Protection shall jointly develop and publish guidelines applicable to all state agencies for an energy efficiency maintenance program for all state-owned buildings. The program shall include, but not be limited to, annually inspecting, testing and tuning fossil fuel burning equipment utilized for space heating or the production of steam or hot water for process uses. All agencies shall cooperate in implementing such maintenance program.

See Sec. 4b-23 for responsibilities of Secretary of the Office of Policy and Management concerning recommended retrofit measures.
Conn. Gen. Stat. § 16a-37c — Connecticut Code / Title 16a / Chapter 298 / Section 16a-37c
Sec. 16a-37c. Shared energy savings program. Regulations.
Status: in_force

(b) The Commissioner of Energy and Environmental Protection, in consultation with the Public Utilities Regulatory Authority, shall adopt regulations, in accordance with chapter 54, to carry out the purposes of this section.
Conn. Gen. Stat. § 16a-46g — Connecticut Code / Title 16a / Chapter 298 / Section 16a-46g
Sec. 16a-46g. Residential energy audit subsidy program for homes not heated by electricity or natural gas.
Status: in_force

(b) The sum of seven million dollars is appropriated from the funds credited to the General Fund for the fiscal year ending June 30, 2009, pursuant to subsection (a) of section 1 of public act 08-2 of the August special session* to the Department of Energy and Environmental Protection for the energy audit subsidy program established pursuant to subsection (a) of this section.

(c) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year ending June 30, 2009, but shall be available for expenditure during the next fiscal year.

*Note: Section 1 of public act 08-2 of the August special session is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
Conn. Gen. Stat. § 16-243k — Connecticut Code / Title 16 / Chapter 283 / Section 16-243k
Sec. 16-243k. Assessment of customer-side and grid-side distributed resources, effectiveness of award program.
Status: repealed

*Note: Public act 05-1 of the June special session is entitled “An Act Concerning Energy Independence”. (See Reference Table entitled “Public Acts of June, 2005” in Volume 16 which lists the sections amended, created or repealed by the act.)
Conn. Gen. Stat. § 16a-23m — Connecticut Code / Title 16a / Chapter 296a / Section 16a-23m
Sec. 16a-23m. Definitions. Heating fuel dealer certificate of registration. Display of registration number. Insurance company notification of cancellation. Offering of prepaid guaranteed price plan to consumer. Disclosures.
Status: in_force

(1) “Budget plan” means a type of contract offering heating fuel that may be paid for in advance of, on or after delivery and is paid for in not less than three installment payments over a period of at least one hundred twenty days, provided the amount required to be paid as the first payment under such contract is not greater than fifty per cent of the remaining amount due under such contract;

(2) “Capped price plan” means a contract which provides that the cost to the consumer for heating fuel shall not increase above a specified price per gallon and the consumer shall pay less than such specified price under circumstances specified in such contract;

(3) “Commissioner” means the Commissioner of Consumer Protection;

(4) “Consumer” means a direct purchaser of heating fuel from a heating fuel dealer for one or more dwelling units within a structure having not more than four dwelling units;

(5) “Forwards contract” means an agreement between two parties to buy or sell an asset at a certain future time for a certain price;

(6) “Futures contract” means a standardized, transferable, exchange-traded agreement that requires delivery of heating fuel at a specified price on a specified future date;

(7) “Gallon” means an accepted unit of measure consisting of two hundred thirty-one cubic inches, for all liquid or gaseous heating fuel, subject to modifications allowed under regulations adopted pursuant to section 43-42 ;

(8) “Guaranteed price plan”, also known as “guaranteed plan”, “fixed price”, “full price”, “lock in”, “capped”, “price cap”, or other similar terminology, when used to describe a contract, means a type of contract that is not paid in advance of delivery, offering heating fuel at a guaranteed future price or at a maximum future price;

(9) “Heating fuel” means any petroleum-based fuel, including any petroleum product regulated pursuant to chapter 250, used as a primary source of residential heating or domestic hot water;

(10) “Heating fuel dealer” or “dealer” means any individual or group of individuals who, or a cooperative, corporation, firm, limited liability company or partnership that, offers to sell, at retail, heating fuel to consumers;

(11) “Heating oil” means a petroleum product, including a petroleum product known as #1 oil (kerosene), #2 oil (heating oil), #4 oil, bio fuel or any bio fuel blended with conventionally refined fossil fuel commodities, that (A) is predominantly liquid at ambient temperatures, (B) is sold as a commodity, (C) is a primary source of residential heating or domestic hot water, and (D) meets the requirements of the American Society for Testing and Materials Standard D396, as amended from time to time;

(12) “Maintain” means retention of the balance, measured in gallons or other accepted units of measure, of heating fuel that remains to be delivered to consumers who are party to a guaranteed price plan contract;

(13) “Physical supply contract” means an agreement for wet barrels or gallons of heating fuel that is secured by a heating fuel dealer;

(14) “Prepaid guaranteed price plan”, also known as “buy ahead”, “prebuy”, “prebought” or other similar terminology, when used to describe a contract, means a type of contract offering heating fuel at a guaranteed price, paid for in advance of delivery, but does not include a budget plan;

(15) “Propane” or “liquefied petroleum gas (LPG)” means a petroleum product that (A) meets American Society for Testing and Materials specification D1835, as amended from time to time, (B) is composed predominantly of butanes (normal butane or isobutane), butylenes, propane, propylene or any mixture thereof, and (C) is intended for use, among other things, as a fuel for residential heating; and

(16) “Surety bond” means a bond, issued by a licensed insurance company or banking institution, as surety for a dealer and obligating surety to the commissioner, in a sum certain, in guaranty of the dealer's full and faithful performance of prepaid guaranteed price plan contracts entered into pursuant to this chapter.

(b) No heating fuel dealer shall engage in the sale of heating fuel without a certificate of registration as a heating fuel dealer issued pursuant to this section. No federally established heating assistance agency shall be required to register. Only one registration shall be required of a dealer to engage in both the retail sale of heating oil and propane. A separate certificate of registration is required for each name that a heating fuel dealer does business as or advertises.

(c) Each person, firm or corporation seeking registration as a heating fuel dealer shall apply annually for a certificate of registration with the Department of Consumer Protection on forms prescribed by the commissioner. Each heating fuel dealer shall disclose on such forms all affiliated companies registered with the department that are under common ownership or have interlocking boards of directors. Each applicant shall pay a registration fee of two hundred dollars. The commissioner shall require all applicants for registration as a heating fuel dealer to provide evidence of general liability insurance coverage and insurance to cover any potential environmental damage due to heating fuel spills or leaks caused by such applicant as a registered dealer which coverage shall be not less than one million dollars. Each registered dealer shall provide the department with evidence of each renewal of or change to such insurance coverage not later than five days after such renewal or change during the period of registration, which renewal or change shall meet the requirements of this subsection.

(d) Each registered dealer shall display its registration number in all advertisements and other materials prepared or issued by the dealer, which contain information regarding such dealer, including, but not limited to, all contracts, delivery tickets, letters and vehicle advertisements.

(e) The insurance company of a heating fuel dealer shall notify the commissioner, in writing, upon cancellation of insurance required by subsection (c) of this section by any heating fuel dealer. The commissioner shall revoke the registration of any such dealer without the insurance coverage required by subsection (c) of this section.

(f) Prior to offering a prepaid guaranteed price plan to a consumer, a dealer shall disclose the details of such offering, including such dealer's method of compliance with section 16a-23n , on a form prescribed by the commissioner.
Conn. Gen. Stat. § 16-8d — Connecticut Code / Title 16 / Chapter 277 / Section 16-8d
Sec. 16-8d. Recovery of costs, expenses, judgments or attorney's fees for an action brought under section 16-8a.
Status: in_force

(b) In any action brought under the provisions of section 16-8a , which results in a judgment in favor of the plaintiff, the court shall award to the plaintiff, in addition to any other relief, costs and a reasonable attorney's fee based on the work reasonably performed by an attorney and not on the amount of recovery, and may award punitive damages.

(c) The provisions of subsections (a) and (b) of this section shall only apply to an action brought pursuant to section 16-8a by an employee of a Nuclear Regulatory Commission licensee operating a nuclear power generating facility in this state or by any person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to such licensee.

Section provides a whole set of remedies for a cause of action that General Assembly failed to formulate; to the extent that Sec. 16-8a creates some right of action by a whistle-blower, it is a right against a power company and not against department or the state. 48 CS 188.
Conn. Gen. Stat. § 16-243ee — Connecticut Code / Title 16 / Chapter 283 / Section 16-243ee
Sec. 16-243ee. Electric energy storage resource programs and associated funding mechanisms. Report.
Status: in_force

(b) On or before January 1, 2022, the authority shall report the status of the proceeding described in subsection (a) of this section, in accordance with the provisions of section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to energy.

(c) In undertaking the proceeding described in subsection (a) of this section, the authority shall consider one or more programs and rate designs to incentivize the deployment of electric energy storage technologies connected to the electric distribution system that most effectively leverage the value of such technologies to achieve objectives including, but not limited to, (1) providing positive net present value to all ratepayers, or a subset of ratepayers paying for the benefits that accrue to that subset of ratepayers; (2) providing multiple types of benefits to the electric grid, including, but not limited to, customer, local, or community resilience, ancillary services, leveling out peaks in electricity use or that support the deployment of other distributed energy resources; (3) fostering the sustained, orderly development of a state-based electric energy storage industry; and (4) maximizing the value from the participation of energy storage systems in capacity markets. The authority shall include consideration of all energy storage configurations that are connected to the distribution system, including systems connected in front of the meter and not located at a customer premises. The authority shall also consider programs and rate designs to incentivize uses of electric energy storage technologies connected to the electric distribution system that avoid or defer investment in traditional electric distribution system capacity upgrades.

(d) The authority may select the Connecticut Green Bank, the Department of Energy and Environmental Protection, the electric distribution companies, a third party it deems appropriate or any combination thereof, to implement one or more programs for electric energy storage resources connected to the electric distribution system, as directed by the Public Utilities Regulatory Authority.

(e) Notwithstanding any provision of this section, the authority shall incorporate the program established pursuant to section 16-244ee into the programs authorized pursuant to this section.
Conn. Gen. Stat. § 16a-45 — Connecticut Code / Title 16a / Chapter 298 / Section 16a-45
Sec. 16a-45. Oil burner inspection and retrofit as condition of receipt of energy or fuel assistance.
Status: in_force

See Sec. 8-206c re effective date information.
Conn. Gen. Stat. § 16-247s — Connecticut Code / Title 16 / Chapter 283 / Section 16-247s
Sec. 16-247s. Directory assistance database. Disclosure and distribution of cellular mobile telephone numbers.
Status: in_force

(b) Each certified telecommunications provider, as defined in section 16-1 , that provides local exchange service to customers in the state shall provide without charge to a telephone company serving more than one hundred thousand customers for directory assistance purposes all listings for its Connecticut customers other than those listings that are nonpublished. Such telephone company, or its agent or affiliate as applicable, shall, in accordance with the terms and conditions set forth in the federal Telecommunications Act of 1996, as from time to time amended, and any applicable order or regulation adopted by the Federal Communications Commission thereunder, including the availability and timing of updates and applicable rates, compile all such listings and all listings for its own Connecticut customers other than those that are nonpublished in a directory assistance database and make all such listings contained in such database available in electronic format to directory assistance providers. If a customer requests a customer listing from a certified telecommunications provider that does not provide directory assistance, such provider shall connect the customer at no charge with an entity that provides directory assistance to the customer. Each such certified telecommunications provider shall indemnify a telephone company for any damages caused by that certified telecommunications provider's negligence in misidentifying a nonpublished customer.

(c) Unless required by law, no carrier may disclose the cellular mobile telephone number, name or address of a customer to another person for use as a listing in a directory assistance data base or for publication or listing in a directory unless such customer authorizes such disclosure in accordance with the provisions of subsection (d) of this section.

(d) The customer's authorization permitted under subsection (c) of this section shall be obtained through a separate question, given orally, by written record or by electronic means, provided such carrier shall maintain a record or copy of such authorization for as long as the person is a customer of such carrier.

(e) A customer who gives the authorization permitted under subsection (c) of this section may revoke such authorization at any time. A carrier shall comply with a request to revoke authorization no later than sixty days after receiving such a request.

(f) No carrier may charge a fee to a customer or refuse to provide service to a person for declining to give the authorization permitted under subsection (c) of this section.

(g) No person may distribute a directory containing the name or cellular mobile telephone number information of a customer of a carrier who has not given an authorization in accordance with the provisions in subsection (d) of this section.

(h) Failure to comply with any provisions of subsections (c) to (g), inclusive, of this section shall constitute an unfair or deceptive trade practice under section 42-110b .
Conn. Gen. Stat. § 16-49e — Connecticut Code / Title 16 / Chapter 277 / Section 16-49e
Sec. 16-49e. Public service company may request identification from person opening an account. Telecommunications company may request identification prior to providing service.
Status: in_force

(b) A telecommunications company that is certified to provide telecommunications service pursuant to section 16-247g may not require a prospective residential customer to provide identification as a condition of providing telecommunications service, except to the extent that a public service company is permitted pursuant to subsection (a) of this section.

(c) Nothing in this section shall be construed to preclude a company from accepting additional forms of identification, provided the company accepts the forms of identification specified in subsection (a) of this section.
Conn. Gen. Stat. § 16-34a — Connecticut Code / Title 16 / Chapter 277 / Section 16-34a
Sec. 16-34a. Annual report re lost and unaccounted for gas. Docket to investigate.
Status: in_force

(b) The authority shall initiate a docket to investigate the lost and unaccounted for gas of a gas company if the percentage of lost and unaccounted for gas of such gas company in any calendar year exceeds a total of three per cent. In such docket, a gas company shall report (1) leak detection and monitoring procedures, (2) emissions reduction strategies in addition to leak repair, and (3) any additional requirements the authority determines to be relevant. In such docket, the authority shall establish a cost mechanism to comply with long-term emissions reductions required by section 22a-200a and to incentivize a gas company to (A) reduce lost and unaccounted for gas, including the number of leaks throughout the entire gas distribution system in the state, (B) replace aging infrastructure, and (C) comply with any additional requirements the authority determines to be relevant. Such cost mechanism may be incorporated in the purchased gas adjustment clause pursuant to section 16-19b .
Conn. Gen. Stat. § 16a-3a — Connecticut Code / Title 16a / Chapter 295 / Section 16a-3a
Sec. 16a-3a. Integrated Resources Plan re energy resource procurement.
Status: in_force

(b) On or before January 1, 2020, and biennially thereafter, the Commissioner of Energy and Environmental Protection, in consultation with the electric distribution companies, shall prepare an assessment of (1) the energy and capacity requirements of customers for the next three, five and ten years, (2) the manner of how best to eliminate growth in electric demand, (3) how best to level electric demand in the state by reducing peak demand and shifting demand to off-peak periods, (4) the impact of current and projected environmental standards, including, but not limited to, those related to greenhouse gas emissions and the federal Clean Air Act goals and how different resources could help achieve those standards and goals, (5) energy security and economic risks associated with potential energy resources, and (6) the estimated lifetime cost and availability of potential energy resources.

(c) Resource needs shall first be met through all available energy efficiency and demand reduction resources that are cost-effective, reliable and feasible. The projected customer cost impact of any demand-side resources considered pursuant to this subsection shall be reviewed on an equitable basis with nondemand-side resources. The Integrated Resources Plan shall specify (1) the total amount of energy and capacity resources needed to meet the requirements of all customers, (2) the extent to which demand-side measures, including efficiency, conservation, demand response and load management can cost-effectively meet these needs in a manner that ensures equity in benefits and cost reduction to all classes and subclasses of consumers, (3) needs for generating capacity and transmission and distribution improvements, (4) how the development of such resources will reduce and stabilize the costs of electricity to each class and subclass of consumers, and (5) the manner in which each of the proposed resources should be procured, including the optimal contract periods for various resources.

(d) The Integrated Resources Plan shall consider: (1) Approaches to maximizing the impact of demand-side measures; (2) the extent to which generation needs can be met by renewable and combined heat and power facilities; (3) the optimization of the use of generation sites and generation portfolio existing within the state; (4) fuel types, diversity, availability, firmness of supply and security and environmental impacts thereof, including impacts on meeting the state's greenhouse gas emission goals; (5) reliability, peak load and energy forecasts, system contingencies and existing resource availabilities; (6) import limitations and the appropriate reliance on such imports; (7) the impact of the Integrated Resources Plan on the costs of electric customers; and (8) the effects on participants and nonparticipants. Such plan shall include options for lowering the rates and cost of electricity.

(e) In approving the Integrated Resources Plan, the Commissioner of Energy and Environmental Protection shall conduct an uncontested proceeding that shall include not less than one public meeting and one technical meeting at which technical personnel shall be available to answer questions. Such meetings shall be transcribed and posted on the department's Internet web site. Not less than fifteen days before any such public meeting and thirty days before any such technical meeting, said commissioner shall publish notice of either such meeting and post the text of the proposed Integrated Resources Plan on the department's Internet web site. Notice of such public meeting or technical meeting may also be published in one or more newspapers having state-wide circulation if deemed necessary by the commissioner. Such notice shall state the date, time, and place of the meeting, the subject matter of the meeting and time period during which comments may be submitted to said commissioner, the statutory authority for the proposed Integrated Resources Plan and the location where a copy of the proposed plan may be obtained or examined. Said commissioner shall provide a time period of not less than sixty days from the date the notice is published on the department's Internet web site for public review and comment. Said commissioner shall consider fully all written and oral comments concerning the proposed Integrated Resources Plan after all public meetings and before approving the final plan. Said commissioner shall (1) notify by electronic mail each person who requests such notice, and (2) post on the department's Internet web site the electronic text of the final Integrated Resources Plan and a report summarizing all public comments and the changes made to the final plan in response to such comments and the reasons therefor. The commissioner shall submit the final Integrated Resources Plan by electronic means, or as requested, to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment. Said commissioner may modify the Integrated Resources Plan to correct clerical errors at any time without following the procedures outlined in this subsection.

(f) Not later than two years after the adoption of the Integrated Resources Plan, and every two years thereafter, the Commissioner of Energy and Environmental Protection shall report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment regarding goals established and progress toward implementation of said plan, as well as any recommendations concerning such plan. Any such report may be submitted electronically.

(g) All reasonable costs associated with the department's development of the resource assessment and the Integrated Resources Plan shall be recoverable through the assessment in section 16-49 . All electric distribution companies' reasonable costs associated with the development of the plan shall be recoverable through a reconciling nonbypassable component of electric rates as determined by the authority.

(h) In the event that the Integrated Resources Plan approved by the Commissioner of Energy and Environmental Protection contains any provision the implementation of which requires funding through new or amended rates or charges, the Public Utilities Regulatory Authority may open a proceeding to review such provision, in accordance with the procedures established in sections 16-19 and 16-19e , to ensure that rates remain just and reasonable.

(i) For the Integrated Resources Plan next approved after June 14, 2018, the department shall include recommendations for the creation of a portfolio standard for thermal energy that may include, but not be limited to, biodiesel that is blended into home heating oil, provided the department shall consult with representatives of the heating oil industry and biodiesel producers during the development of such recommendations.

(j) For the Integrated Resources Plan next approved after January 1, 2019, the department shall determine (1) the quantity of energy the Commissioner of Energy and Environmental Protection may seek in any solicitation or solicitations of proposals initiated on or after January 1, 2020, pursuant to section 16a-3n , provided the quantity of energy sought in any such solicitations in the aggregate shall be from resources that have a total nameplate capacity rating of not more than two thousand megawatts in the aggregate, less any energy purchased pursuant to section 16a-3n on or before December 31, 2019; and (2) the timing and schedule of any solicitation or solicitations of proposals initiated on or after January 1, 2020, pursuant to section 16a-3n , provided such schedule shall provide for the solicitation of resources with a nameplate capacity rating of two thousand megawatts in the aggregate, less any energy purchased pursuant to section 16a-3n on or before December 31, 2019, by December 31, 2030. Such determinations shall be based on factors including, but not limited to, electricity system needs identified by the Integrated Resources Plan, including, but not limited to, capacity, winter reliability, progress in meeting the goals in the Global Warming Solutions Act pursuant to section 22a-200a , the priorities of the Comprehensive Energy Strategy adopted pursuant to section 16a-3d , positive impacts on the state's economic development, opportunities to coordinate procurement with other states, forecasted trends in technology costs and impacts on the state's ratepayers.
Conn. Gen. Stat. § 16-243o — Connecticut Code / Title 16 / Chapter 283 / Section 16-243o
Sec. 16-243o. Waiver of back-up power rates.
Status: in_force

(b) The costs that a customer is not required to pay pursuant to subsection (a) of this section shall be recoverable through federally mandated congestion charges by the electric distribution companies.
Conn. Gen. Stat. § 16-243i — Connecticut Code / Title 16 / Chapter 283 / Section 16-243i
Sec. 16-243i. Awards to retail end use electric customers and electric distribution companies re customer-side distributed resources.
Status: in_force

(b) The Public Utilities Regulatory Authority shall, not later than January 1, 2006, establish a program to grant to an electric distribution company a one-time, nonrecurring award to educate, assist and promote investments in customer-side distributed resources developed in such company's service territory, which resources the authority determines will reduce federally mandated congestion charges, in accordance with the following: (1) On or before January 1, 2008, two hundred dollars per kilowatt of such resources, (2) on or before January 1, 2009, one hundred fifty dollars per kilowatt of such resources, (3) on or before January 1, 2010, one hundred dollars per kilowatt of such resources, and (4) fifty dollars per kilowatt of such resources thereafter. Payment of the award shall be made at the time each such resource becomes operational. The cost of the award shall be recoverable from federally mandated congestion charges. Revenues from such awards shall not be included in calculating the electric distribution company's earnings for the purpose of determining whether its rates are just and reasonable under sections 16-19 , 16-19a and 16-19e .
Conn. Gen. Stat. § 16-247v — Connecticut Code / Title 16 / Chapter 283 / Section 16-247v
Sec. 16-247v. Performance standards for restoration of intrastate telecommunications service after emergencies. Credit for service outages.
Status: in_force

(b) In establishing such emergency restoration standards, the authority shall consider:

(1) The severity, extent and duration of the emergency;

(2) Communication and coordination by each such company, provider or holder with the state, municipalities and any relevant electric distribution company;

(3) The operations of any call center operated by each such company, provider or holder during an emergency;

(4) Requirements concerning the assignment of a representative of each such company, provider or holder to staff the emergency operations center of any relevant electric distribution company during an emergency;

(5) Service restoration;

(6) The safety of the subscribers of any such company, provider or holder; and

(7) That restoration of such intrastate telecommunications service cannot be completed until after commercial power is restored.

(c) If the authority determines that any such company, provider or holder has failed to comply with the standards established pursuant to subsection (b) of this section, the authority may submit a report, in accordance with section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to energy, recommending legislation establishing penalties for future noncompliance with such standards. Any penalty for noncompliance with the standards established pursuant to this section shall be limited to any penalty established pursuant to this section.

(d) Each telephone company and certified telecommunications provider, shall, to the extent permitted under federal law, provide a bill credit to any subscriber of such company or provider for any service outage of intrastate telecommunications service, in an emergency, provided (1) such service outage lasts for more than twenty-four consecutive hours, (2) the subscriber notifies such company or provider of such service outage not later than thirty days after the end of any such emergency, (3) such service outage was not caused by the equipment, negligence or wilful act of the subscriber or any other third party, (4) such service outage affects more than ten per cent of any such company's or provider's access lines, and (5) such service outage was not caused by the failure of commercial power used to provide such intrastate telecommunications service. The amount of any such credit shall equal the proportionate share of such service not received during the billing period during which such outage occurred. The provisions of this subsection shall not apply to any certified competitive video service provider, community antenna television company, holder of a certificate of cable franchise authority or holder of a certificate of video franchise authority that already provides credits pursuant to section 16-331 l or 16-331w .
Conn. Gen. Stat. § 16-50x — Connecticut Code / Title 16 / Chapter 277a / Section 16-50x
Sec. 16-50x. Exclusive jurisdiction of council; exception. Eminent domain after certification. Municipal regulation of proposed location.
Status: in_force

(b) Whenever the council has certified a facility pursuant to this chapter, any person joining in the application for such certification shall be empowered to exercise its powers of eminent domain, granted by the general statutes or any special act, to acquire property for such facility for the benefit of all persons receiving such certificates.

(c) Whenever the council has certified a facility pursuant to this chapter and the applicant for such certificate thereafter initiates condemnation proceedings to acquire property for such facility, and it shall appear to the court or judge before whom such proceedings are pending that the public interest will be prejudiced by delay, said court or judge may direct that said applicant be permitted to enter immediately upon the property to be taken and devote it temporarily to the public use specified in the application instituting such proceeding upon the deposit with said court of a sum to be fixed by said court or judge, upon notice to the parties of not less than ten days, and such sum when fixed and paid shall be applied to the payment of any assessment of damages which may be made, with interest thereon from the date of such entry upon said property, and the remainder, if any, returned to said applicant. If such application is dismissed, no assessment of damages is made, or the proceedings are abandoned by said applicant, said court or judge shall direct that the money so deposited, so far as it may be necessary, shall be applied to the payment of any damages that the owner of said property or other parties in interest may have sustained by such entry upon and use of such property, including reasonable attorneys', engineers' and appraisers' fees and other reasonable expenses incurred by such owner or other parties in interest in connection with such proceedings, and the costs and expenses of such proceedings. Such damages shall be ascertained by said court or judge or a committee to be appointed for that purpose, and if the sum so deposited shall be insufficient to pay such damages and all costs and expenses so assessed, judgment shall be entered against said applicant for the deficiency to be enforced and collected in the same manner as a judgment in the Superior Court, and the possession of such property shall be restored to the owner or owners thereof.

(d) Any town, city or borough zoning commission and inland wetland agency may regulate and restrict the proposed location of a facility, as defined in subdivisions (3) and (4) of subsection (a) of section 16-50i . Such local bodies may make all orders necessary to the exercise of such power to regulate and restrict, which orders shall be in writing and recorded in the records of their respective communities, and written notice of any order shall be given to each party affected thereby. Such a local body shall make any such order (1) not more than sixty-five days after an application has been filed with the council for the siting of a facility described in subdivision (3) of subsection (a) of section 16-50i , or (2) not more than thirty days after an application has been filed with the council for the siting of a facility described in subdivision (4) of subsection (a) of section 16-50i . Each such order shall be subject to the right of appeal within thirty days after the giving of such notice by any municipality required to be served with a copy of the application under subdivision (1) of subsection (b) of section 16-50 l or by any party aggrieved to the council, which shall have jurisdiction, in the course of any proceeding on an application for a certificate or otherwise, to affirm, modify or revoke such order or make any order in substitution thereof by a vote of six members of the council.

Cited. 212 C. 157.

Cited. 20 CA 474.

Subsec. (a):

Council had jurisdiction to consider state noise law when ruling on petition for declaratory rulings, however council not required to give any consideration to state noise law when ruling on a petition and had authority to approve project even when project did not comply with state laws outside the Public Utility Environmental Standards Act. 313 C. 669.

Council found to have exclusive jurisdiction in case involving proposed facility that would have both cellular and noncellular attachments. 47 CS 382.
Conn. Gen. Stat. § 16a-22h — Connecticut Code / Title 16a / Chapter 296 / Section 16a-22h
Sec. 16a-22h. Sellers of propane and number two distillate fuel required to register. Regulations.
Status: in_force

(2) Any person, firm or corporation who engages in the sale, other than at retail, of propane in the state shall report to the commissioner upon the request of the commissioner and on such forms as prescribed by the commissioner, not later than the fifteenth of each month for which the commissioner requests a report. Such report shall state the number of gallons of propane sold, other than at retail, during the previous calendar month and the estimated number of gallons to be sold during the current month.

(b) (1) Each person, firm or corporation which is required to register pursuant to section 16a-22d , which engages in the wholesale or retail sale, or both, of number two distillate fuel in the state, in excess of five million gallons of such product annually, shall report to the Commissioner of Energy and Environmental Protection upon the request of the commissioner and on such forms as prescribed by the commissioner, not later than the fifteenth day of each month for which the commissioner requests a report. Such report shall state the number of gallons held in storage on the last day of the previous month, the location of each storage facility in which the number two distillate fuel was stored, the number of gallons of number two distillate fuel held for shipment out of state and the estimated number of days' supply represented by the gallons held in storage. In any such report number two heating oil and diesel fuel shall be reported separately.

(2) Any person, firm or corporation who engages in the sale, other than at retail, of number two distillate fuel in the state shall report to the commissioner upon the request of the commissioner and on such forms as prescribed by the commissioner, not later than the fifteenth of each month for which the commissioner requests a report. Such report shall state the number of gallons of number two distillate fuel sold, other than at retail, during the previous calendar month and the estimated number of gallons to be sold during the current month. In any such report number two heating oil and diesel fuel shall be reported separately.

(c) Any person, firm or corporation who violates subsection (a) or (b) of this section shall be fined not more than one hundred dollars for the first offense nor more than five hundred dollars for each subsequent offense.

(d) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to establish reporting requirements for other petroleum products, as defined in subdivision (2) of section 16a-22c .
Conn. Gen. Stat. § 16-250b — Connecticut Code / Title 16 / Chapter 283 / Section 16-250b
Sec. 16-250b. Cellular mobile telephone service. Authority jurisdiction. Regulations.
Status: in_force

(b) Not later than six months after July 3, 1985, the authority shall adopt regulations, in accordance with the provisions of chapter 54, establishing (1) conditions under which the authority may forbear from regulating such carriers, and (2) standards and procedures for the regulation, on an equal basis with regard to all carriers, of the rates and charges, services, accounting practices, safety and conduct of operations of such carriers if the authority does not forbear from regulating such carriers. Such conditions, standards and procedures shall provide for the public convenience, necessity and welfare.
Conn. Gen. Stat. § 16a-23s — Connecticut Code / Title 16a / Chapter 296a / Section 16a-23s
Sec. 16a-23s. List of heating fuel dealers. List of heating fuel dealers offering prepaid guaranteed price plans to consumers.
Status: in_force

(b) The Department of Consumer Protection shall establish a list of all heating fuel dealers that have disclosed offerings of prepaid guaranteed price plans to consumers pursuant to subsection (f) of section 16a-23m . Such list shall be made available to the public on the department's Internet web site.
Conn. Gen. Stat. § 16-8a — Connecticut Code / Title 16 / Chapter 277 / Section 16-8a
Sec. 16-8a. Protection of employee of public service company, person involved in the transportation of gas, contractor or Nuclear Regulatory Commission from retaliation. Procedures. Regulations.
Status: in_force

(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 goods or services to such a public service company, holding company, person involved in the transportation of gas or licensee, having knowledge of any of the following may transmit all facts and information in the employee's possession to the Public Utilities Regulatory Authority: (1) Any matter involving 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) 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. With regard to any matter described in subdivision (1) of this subsection, the authority shall investigate such matter in accordance with the provisions of section 16-8 and shall not disclose the identity of such employee without the employee's consent unless it determines that such disclosure is unavoidable during the course of the investigation. 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.

(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.

(2) Not more than five business days after receiving a written complaint, in a form prescribed by the authority, the authority shall notify the employer by certified mail. Such notification shall include a description of the nature of the charges and the substance of any relevant supporting evidence. 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 authority shall consider in making its preliminary finding as provided in subdivision (3) of this subsection any such written and verbal responses, including affidavits and supporting documents, received by the authority not more than twenty business days after the employer receives such notice. Any such response received after twenty business days shall be considered by the authority only upon a showing of good cause and at the discretion of the authority. The authority shall make its preliminary finding as provided in subdivision (3) of this subsection based on information described in this subdivision, without a public hearing.

(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: (A) The employee had reported substantial misfeasance, malfeasance or nonfeasance in the management of the public service company, holding company, person involved in the transportation of gas or licensee; (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; and (C) the subsequent discharge, suspension, demotion or other penalty followed the employee's report closely in time.

(4) If such findings are made, the authority shall issue an order requiring the employer to immediately return the employee to the employee's previous position of employment or an equivalent position pending the completion of the authority's full investigatory proceeding pursuant to subsection (d) of this section.

(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 with the provisions of section 16-8 , at which time the employer shall have the opportunity to rebut the presumption. The authority may issue orders, impose civil penalties, order payment of back pay or award attorneys' fees in a manner that conforms with the notice and hearing provisions in section 16-41 against a public service company, holding company, person involved in the transportation of gas or licensee or a 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, in order to enforce the provisions of this section.

(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.

(f) The Public Utilities Regulatory Authority shall adopt regulations, in accordance with chapter 54, to carry out the provisions of this section. Such regulations shall include the following: (1) The procedures by which a complaint may be brought pursuant to subsection (a) of this section; (2) the time period in which such a complaint may be brought; (3) the time period by which the authority shall render a decision pursuant to subsection (d) of this section; (4) the form on which written complaints shall be submitted to the authority by an employee pursuant to subsection (c) of this section; and (5) the requirement that a notice be posted in the workplace informing all employees of any public service company, holding company, person involved in the transportation of gas and licensee and of any person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to a company or licensee, as defined in subsection (b) of this section, of their rights under this section, including the right to be reinstated in accordance with subsection (c) of this section.

See Sec. 16-8d re recovery of costs or expenses associated with any action brought under section 16-8a.

To the extent that section creates some right of action by a whistle-blower, it is a right against a power company and not against department or the state; section does not require a hearing when department investigates an employee's whistle-blower complaint against a nuclear power company and finds no merit to the complaint. 48 CS 188.
Conn. Gen. Stat. § 16-330c — Connecticut Code / Title 16 / Chapter 289 / Section 16-330c
Sec. 16-330c. Broadband Internet access service grant program. Report. Report to Governor.
Status: in_force

(b) On or before January 1, 2023, and every year thereafter for a period of five years after receiving a grant pursuant to this section, the recipient of such grant shall submit a report to the Commissioner of Energy and Environmental Protection concerning the status of such recipient's broadband Internet access service deployment and other information deemed relevant by the commissioner.

(c) On or before December 1, 2022, and every two years thereafter, the Department of Energy and Environmental Protection, in consultation with the Office of Policy and Management, the Office of State Broadband, the Commission for Educational Technology and other state agencies deemed appropriate by the Commissioner of Energy and Environmental Protection, shall report to the Governor concerning (1) the grants awarded pursuant to this section, (2) the status and progress made toward a state-wide goal of attaining universal access to (A) broadband Internet download speeds of one gigabit per second; and (B) broadband Internet upload speeds of one hundred megabits per second, and (3) broadband Internet access service adoption rates, the price and nonprice barriers to broadband adoption and digital equity. Such report shall include recommendations to overcome any such barriers, including, but not limited to, addressing issues of digital literacy and affordability.
Conn. Gen. Stat. § 16-243bb — Connecticut Code / Title 16 / Chapter 283 / Section 16-243bb
Sec. 16-243bb. Adjustment of electric distribution company residential fixed charge.
Status: in_force

(1) “Residential fixed charge” means any fixed fee charged to residential electric customers, including, but not limited to, (A) a fixed charge for distribution basic service, (B) a distribution customer service charge, (C) a customer charge, or (D) a basic service fee which is separate and distinct from any distribution charge per kilowatt-hour.

(2) “Electric distribution company” has the same meaning as provided in section 16-1 .

(b) The Public Utilities Regulatory Authority shall adjust each electric distribution company's residential fixed charge upon such company's filing with the authority an amendment of rate schedules pursuant to section 16-19 to recover only the fixed costs and operation and maintenance expenses directly related to metering, billing, service connections and the provision of customer service.

(c) The provisions in subsection (b) of this section shall not permit or enable the authority to cause a cost shift to other rate classes.

(d) This section shall not apply to electric customers that subscribe to a residential electric heating service rate class.
Conn. Gen. Stat. § 16-244cc — Connecticut Code / Title 16 / Chapter 283 / Section 16-244cc
Sec. 16-244cc. Energy storage systems pilot program.
Status: in_force

(b) The authority shall approve or modify a proposal if it concludes that investment in such energy storage systems is reasonable, prudent and provides value to ratepayers.

(c) An electric distribution company may recover its prudently incurred costs made pursuant to this section through a fully reconciling component of electric rates for all customers until the electric distribution company's next rate case, at which time such costs and investments shall be recoverable through base distribution rates consistent with the principles set forth in sections 16-19 and 16-19e .

(d) For any completed energy storage system, the company shall maximize the value from the system's participation in wholesale electricity, capacity or other markets, as applicable, while maintaining distribution system reliability. Any net revenues from such participation shall be credited to ratepayers to offset the cost of the completed system in rates.

(e) The provisions of this section shall not be construed to impose any limitations or caps upon section 16-244e .
Conn. Gen. Stat. § 16a-4e — Connecticut Code / Title 16a / Chapter 295 / Section 16a-4e
Sec. 16a-4e. Department of Transportation screening and inventory of land. Department of Energy and Environmental Protection analysis of inventoried land and selection preference in solicitations issued.
Status: in_force

(b) (1) On or before December 1, 2020, the Department of Transportation shall conduct a preliminary screening of land owned by said department. Such screening shall identify any such land that may be suitable for the siting of Class I renewable energy sources and shall evaluate the suitability of such land. Said department shall submit an inventory of any such land said department determines is suitable for the siting of Class I renewable energy sources to the Department of Energy and Environmental Protection.

(2) The Department of Energy and Environmental Protection shall conduct an analysis of any land included in the inventory submitted to said department pursuant to subdivision (1) of this subsection. Said department's analysis shall include, but not be limited to, a technical, legal and financial feasibility analysis and shall consider (A) setback requirements, (B) access to the land, (C) physical and environmental characteristics of the land, (D) the development characteristics of a Class I renewable energy source, (E) current and future transportation needs, (F) the eligibility of Class I renewable energy sources that may be installed on the land to participate in net metering pursuant to section 16-243h , virtual net metering pursuant to section 16-244u , renewable energy tariffs pursuant to section 16-244z and grid-scale solicitation programs pursuant to this title, and (G) other relevant feasibility factors.

(c) In any solicitation issued by the Department of Energy and Environmental Protection for Class I renewable energy sources after said department completes the analysis pursuant to subdivision (2) of subsection (b) of this section, said department may provide selection preference to proposals that use land that is (1) included on the inventory submitted pursuant to subdivision (1) of subsection (b) of this section, and (2) determined to be feasible for the siting of Class I renewable energy sources by said department pursuant to the analysis conducted pursuant to subdivision (2) of subsection (b) of this section.
Conn. Gen. Stat. § 16-236 — Connecticut Code / Title 16 / Chapter 283 / Section 16-236
Sec. 16-236. Appraisal of damages; costs.
Status: in_force

Section valid; taking of land is not for private purpose. 90 C. 179; 92 C. 635. Cited. 149 C. 100. Legislative history. Id., 102. Indicates legislative intent to depart from strict eminent domain principles as basis for damages and to provide for payment, to any party interested, of damages for anything done under or by authority of Sec. 16-235. Id., 104. Claim that plaintiff asking for damages under section is required first to appeal to commission from the granting of the permit is without merit; claim that phrase “anything done” under Sec. 16-235 is restricted to case where there has been a physical invasion of plaintiff's property is without merit. 152 C. 690. Whether plaintiff's application has been unreasonably delayed is an issue of fact, dependent upon the surrounding circumstances. Id., 691.
Conn. Gen. Stat. § 16a-12 — Connecticut Code / Title 16a / Chapter 295 / Section 16a-12
Sec. 16a-12. Energy emergency not covered by state plan. Review and disapproval. Termination.
Status: in_force

(b) Any proclamation or order issued or promulgated pursuant to subsection (a) of this section may be disapproved by the joint legislative committee established under section 16a-10 within seventy-two hours of the filing of such proclamation or order in the office of the Secretary of the State. Such disapproval shall be by a majority vote, provided at least one of the minority leaders shall vote for such disapproval. Notwithstanding such disapproval, such proclamation or any order shall be valid and effective from the time the Governor files such proclamation or order until such time as said committee files its disapproval in the office of the Secretary of the State. Any proclamation not disapproved shall remain in effect until the Governor proclaims the end of the energy emergency or until three hundred days after the date of the proclamation of the energy emergency. The joint legislative committee shall meet to review the proclamation of an energy emergency every sixty days until such emergency ends and may disapprove such proclamation by a simple majority vote. Such order shall remain in effect until termination by further order by the Governor, which termination shall become effective upon filing such order in the office of the Secretary of the State. Such order shall be published in full at least once in a newspaper having general circulation in each county, provided failure to publish shall not impair the validity of such order.
Conn. Gen. Stat. § 16a-40d — Connecticut Code / Title 16a / Chapter 298 / Section 16a-40d
Sec. 16a-40d. Bond authorization for the Energy Conservation Loan Fund and the Green Connecticut Loan Guaranty Fund.
Status: in_force

(b) As of July 1, 2010, proceeds of the sale of said bonds which have been authorized as provided in subsection (a) of this section, but have not been allocated by the State Bond Commission, shall be deposited in the Green Connecticut Loan Guaranty Fund established pursuant to section 16a-40e , and shall be used by the Connecticut Green Bank for purposes of the Green Connecticut Loan Guaranty Fund program established pursuant to section 16a-40f , provided not more than eighteen million dollars shall be deposited in the Green Connecticut Loan Guaranty Fund. Such additional amounts may be deposited in the Green Connecticut Loan Guaranty Fund as the State Bond Commission may, from time to time, authorize.

*Note: Section 5 of public act 05-2 of the October 25 special session is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
Conn. Gen. Stat. § 16-245l — Connecticut Code / Title 16 / Chapter 283 / Section 16-245l
Sec. 16-245l. Systems benefits charge. Determination by authority of amount and how applied to customers.
Status: in_force

(b) The amount of the systems benefits charge shall be determined by the authority in a general and equitable manner and shall be imposed on all end use customers of each electric distribution company at a rate that is applied equally to all customers of the same class in accordance with methods of allocation in effect on July 1, 1998, provided the system benefits charge shall not be imposed on customers receiving services under a special contract which is in effect on July 1, 1998, until such special contracts expire. The system benefits charge shall be imposed beginning on January 1, 2000, on all customers receiving services under a special contract which are entered into or renewed after July 1, 1998. The systems benefits charge shall have a generally applicable manner of determination that may be measured on the basis of percentages of total costs of retail sales of generation services. The systems benefits charge shall be payable on an equal basis on the same payment terms and shall be eligible or subject to prepayment on an equal basis. Any exemption of the systems benefits charge by customers under a special contract shall not result in an increase in rates to any customer.

*Note: Section 119 of public act 07-242 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
Conn. Gen. Stat. § 16-258e — Connecticut Code / Title 16 / Chapter 283 / Section 16-258e
Sec. 16-258e. Electric distribution company procurement of electricity and renewable energy credits from a combined heat and power system.
Status: in_force

(b) No later than fifteen days after an electric distribution company enters into a power purchase agreement pursuant to subsection (a) of this section, the electric distribution company shall submit such agreement to the Public Utilities Regulatory Authority for review and approval. The authority shall evaluate such agreement and may approve such agreement if the authority finds that the agreement (1) complies with the requirements of this section, and (2) serves the long-term interests of ratepayers. The authority shall not approve any agreement supported in any form of cross subsidization by entities affiliated with the electric distribution company. A combined heat and power system acquired and built pursuant to a power purchase agreement entered into pursuant to this section shall not exceed a total nameplate capacity rating of ten megawatts in the aggregate. The electric distribution company may not, under any circumstances, recover more than the full costs of the agreement approved by the authority. The net costs of any such agreement, including costs incurred by the electric distribution company under the agreement and reasonable costs incurred by the electric distribution company in connection with the agreement, shall be recovered on a timely basis through a reconciling component of electric rates as determined by the authority that is nonbypassable when switching electric suppliers. Any net revenues from the sale of products purchased in accordance with any agreement entered into pursuant to this section shall be credited to customers through the same reconciling component of electric rates that is utilized to recover the costs of such agreement. Certificates issued by the New England Power Pool Generation Information System for any Class I or Class III source procured by an electric distribution company pursuant to this section may be (A) sold into the New England Power Pool Generation Information System renewable energy credit market to be used by an electric supplier or electric distribution company to meet the requirements of section 16-245a , so long as the revenues from such sale are credited to electric distribution company customers as described in this subsection, or (B) retained by the electric distribution company to meet the requirements of section 16-245a . In considering whether to sell or retain such certificates, the company shall select the option that is in the best interest of such company's ratepayers, consistent with the procurement plan approved pursuant to sections 16-244c and 16-244m .

(c) Any thermal energy distribution company that has entered into a power purchase agreement approved by the Public Utilities Regulatory Authority pursuant to this section may elect to extend the timeframes established in such agreement for the completion of significant milestones, as specified in such agreement, in the development of a combined heat and power system pursuant to such agreement. Such company may elect to extend all such timeframes for milestones that such company has not already completed by not more than two six-month periods. Any such extension shall be in addition to extensions specified in such agreement. For each six-month extension that such company elects to use pursuant to this subsection, such company shall post additional security as specified in such agreement.
Conn. Gen. Stat. § 16a-30 — Connecticut Code / Title 16a / Chapter 297 / Section 16a-30
Sec. 16a-30. Adoption of plan by General Assembly.
Status: in_force

(b) In the event that the General Assembly disapproves the plan in whole or in part the plan shall be deemed to be rejected and shall be returned to the committee for appropriate action.

(c) Any project included in the first or second phase of UConn 2000, as defined in subdivision (25) of section 10a-109c , shall constitute part of the state plan of conservation and development approved by the General Assembly.
Conn. Gen. Stat. § 16a-5 — Connecticut Code / Title 16a / Chapter 295 / Section 16a-5
Sec. 16a-5. Secretary's investigatory and subpoena powers.
Status: in_force

(b) The secretary may, in connection with the performance of his duties under any other statute or act, apply to the superior court for the judicial district of Hartford, or to a judge of the court if the court is not in session, for a subpoena to compel the attendance and testimony under oath of witnesses or the production of books, records, vouchers, memoranda, documents, letters, tapes or other recordings or other papers or items. The court or judge shall, before issuing the subpoena, provide adequate opportunity for the secretary and the party against whom the subpoena is requested to be heard. No such subpoena shall be issued unless the court or judge finds that the attendance and testimony of the witness or the production of the requested material is reasonably necessary to carry out the purposes of such other statute or act and that the secretary has made reasonable efforts to secure the attendance, testimony and requested material without recourse to compulsory process. Such subpoena shall be served by a proper officer or indifferent person.
Conn. Gen. Stat. § 16-331m — Connecticut Code / Title 16 / Chapter 289 / Section 16-331m
Sec. 16-331m. Video service providers' closed captioning and emergency broadcast systems.
Status: in_force

(b) A certified competitive video service provider shall offer the concurrent rebroadcast of local television broadcast channels, or utilize another economically or technically feasible process for providing an appropriate message through the provider's video service in the event of a public safety emergency issued over the emergency broadcast system.
Conn. Gen. Stat. § 16-247b — Connecticut Code / Title 16 / Chapter 283 / Section 16-247b
Sec. 16-247b. Unbundling of telephone company's network, services and functions. Access to telephone company's telecommunications services, functions and unbundled network elements. Rates for competitive or emerging competitive service. Subsidization prohibited.
Status: in_force

(b) Each telephone company shall provide reasonable nondiscriminatory access and pricing to all telecommunications services, functions and unbundled network elements and any combination thereof necessary to provide telecommunications services to customers. The authority shall determine the rates that a telephone company charges for telecommunications services, functions and unbundled network elements and any combination thereof, that are necessary for the provision of telecommunications services. The rates for interconnection and unbundled network elements and any combination thereof shall be based on their respective forward looking long-run incremental costs, and shall be consistent with the provisions of 47 USC 252(d).

(c) (1) The rate that a telephone company charges for a competitive or emerging competitive telecommunications service shall not be less than the sum of (A) the rate charged to another telecommunications company for a noncompetitive or emerging competitive local network service function used by that company to provide a competing telecommunications service, and (B) the applicable incremental costs of the telephone company.

(2) On and after the date the authority certifies a telephone company's operations support systems interface pursuant to section 16-247n , the authority shall, upon petition, conduct a contested case proceeding to consider whether modification or removal of the pricing standard set forth in subdivision (1) of this subsection for a telecommunications service deemed competitive pursuant to section 16-247f is appropriate. Notwithstanding the provisions of subdivision (1) of this subsection, if the authority determines that such a modification or removal is appropriate and is consistent with the goals set forth in section 16-247a , the authority shall so modify or remove said pricing standard for such telecommunications service.

(3) Prior to the date that the authority certifies a telephone company's operations support systems interface pursuant to section 16-247n , the authority may, upon petition, conduct a contested case proceeding to consider whether modification or removal of the pricing standard set forth in subdivision (1) of this subsection for a telecommunications service deemed competitive pursuant to section 16-247f is appropriate. Any petition filed pursuant to this subdivision shall specify the geographic area in which the applicant proposes to modify or remove such pricing standard. Notwithstanding the provisions of subdivision (1) of this subsection, if the authority determines that such modification or removal is appropriate, is consistent with the goals set forth in section 16-247a and facilities-based competition exists in the relevant geographic area, the authority shall so modify or remove said pricing standard for such telecommunications service. In determining whether facilities-based competition exists in the relevant geographic area, the authority shall consider:

(A) The number, size and geographic distribution of other providers of service;

(B) The availability of functionally equivalent services in the relevant geographic area at competitive rates, terms and conditions;

(C) The financial viability of each company providing functionally equivalent services in the relevant geographic market;

(D) The existence of barriers to entry into, or exit from, the relevant geographic market;

(E) Other indicators of market power that the authority deems relevant, which may include, but not be limited to, market penetration and the extent to which the applicant can sustain the price for the service above the cost to the company of providing the service in the relevant geographic area;

(F) The extent to which other telecommunications companies must rely upon the noncompetitive services of the applicant to provide their telecommunications services and carrier access rates charged by the applicant;

(G) Other factors that may affect competition; and

(H) Other factors that may affect the public interest.

(d) A telephone company shall not use the revenues, expenses, costs, assets, liabilities or other resources derived from or associated with providing a noncompetitive service to subsidize the provision of competitive, emerging competitive or unregulated telecommunications services by such telephone company or any affiliate that is a certified telecommunications provider.

Subsec. (b):

Specific terms of statute concerning nondiscriminatory access and pricing to all telecommunciations services, functions and unbundled network elements do not prevail over general grant of authority to department, where services in question consist of pre-due-date service confirmation, expedited services, coordinated cutover service and out-of-hours service. 261 C. 1.
Conn. Gen. Stat. § 16-331a — Connecticut Code / Title 16 / Chapter 289 / Section 16-331a
Sec. 16-331a. Community access programming and operations.
Status: in_force

(b) Each company or organization selected pursuant to subsection (c) of this section, in consultation with the franchise's advisory council, shall provide facilities, equipment, and technical and managerial support to enable the production of meaningful community access programming within its franchise area. Each company shall include all its community access channels in its basic service package. Each company or organization shall annually review its rules, regulations, policies and procedures governing the provision of community access programming. Such review shall include a period for public comment, a public meeting and consultation with the franchise's advisory council.

(c) If a community-based nonprofit organization in a franchise area desires to assume responsibility for community access operations, it shall, upon timely petition to the authority, be granted intervenor status in a franchise proceeding held pursuant to this section. The authority shall assign this responsibility to the most qualified community-based nonprofit organization or the company based on the following criteria: (1) The recommendations of the advisory council and of the municipalities in the franchise area; (2) a review of the organization's or the company's performance in providing community access programming; (3) the operating plan submitted by the organization and the company for providing community access programming; (4) the experience in community access programming of the organization; (5) the organization's and the company's proposed budget, including expenses for salaries, consultants, attorneys, and other professionals; (6) the quality and quantity of the programming to be created, promoted or facilitated by the organization or the company; (7) a review of the organization's procedures to ensure compliance with federal and state law, including the regulations of Connecticut state agencies; and (8) any other criteria determined to be relevant by the authority. If the authority selects an organization to provide community access operations, the company shall provide financial and technical support to the organization in an amount to be determined by the authority. On petition of the Office of Consumer Counsel or the franchise's advisory council or on its own motion, the authority shall hold a hearing, with notice, on the ability of the organization to continue its responsibility for community access operations. In its decision following such a hearing, the authority may reassign the responsibility for community access operations to another organization or the company in accordance with the provisions of this subsection.

(d) Each company or organization shall conduct outreach programs and promote its community access services. Such outreach and promotion may include, but not be limited to (1) broadcasting cross-channel video announcements, (2) distributing information throughout the franchise area and not solely to its subscribers, (3) including community access information in its regular marketing publications, (4) broadcasting character-generated text messages or video announcements on barker or access channels, (5) making speaking engagements, (6) holding open receptions at its community access facilities, and (7) in multitown franchise areas, encouraging the formation and development of local community access studios operated by volunteers or nonprofit operating groups.

(e) Each company or organization shall adopt for its community access programming a scheduling policy which encourages programming diversity. Said scheduling policy shall include (1) limiting a program, except instructional access and governmental access programming, to thirteen weeks in any one time slot when a producer of another program requests the same time slot, (2) procedures for resolving program scheduling conflicts, and (3) other measures which the company or organization deems appropriate. A company or organization may consider the availability of a substantially similar time slot when making community access programming scheduling decisions.

(f) In the case of any initial, transfer or renewal franchise proceeding held on or after October 1, 1990, the authority may, on its own initiative, in the first six months of the second, fifth, eighth and eleventh years of the franchise term, review and evaluate the company's or the organization's provision of community access programming. The authority shall conduct such review or evaluation in any such proceeding held on or after October 1, 1990, if the Consumer Counsel or any interested party petitions the authority for such a review during the first six months of the review year. During any such review year, if an organization desires to provide community access operations it shall petition the authority and the authority shall follow the procedures and standards described in subsection (c) of this section in determining whether to assign to the organization the responsibility to provide such operations. No community access programming produced using the facilities or staff of an organization or company providing community access operations shall be utilized for commercial purposes without express prior written agreement between the producer of such programming and the organization or company providing community access operations the facilities or staff of which were used in the production of the programming. Such an agreement may include, without limitation, a provision regarding the producer and the company or organization sharing any profit realized from such programming so utilized. An organization providing community access operations shall consult with the company in the franchise area prior to making such an agreement.

(g) No organization or company providing community access operations shall exercise editorial control over such programming, except as to programming that is obscene and except as otherwise allowed by applicable state and federal law. This subsection shall not be construed to prohibit such organization or company from limiting the hours during which adult programs may be aired. Such organization or company may consult with the advisory council in determining what constitutes an adult program for purposes of this subsection.

(h) Upon the request of the Office of Consumer Counsel or the franchise's advisory council, and for good cause shown the authority shall require an organization responsible for community access operations to have an independent audit conducted at the expense of the organization. For purposes of this subsection, “good cause” may include, but not be limited to, the failure or refusal of such organization (1) to account for and reimburse the community access programming budget for its commercial use of community access programming facilities, equipment or staff, or for the allocation of such facilities, equipment or staff to functions not directly related to the community access operations of the franchise, (2) to carry over unexpended community access programming budget accounts at the end of each fiscal year, (3) to properly maintain community access programming facilities or equipment in good repair, or (4) to plan for the replacement of community access programming equipment made obsolete by technological advances. In response to any such request, the authority shall state, in writing, the reasons for its determination.

(i) Each company and nonprofit organization providing community access operations shall report annually to the authority on or before February fifteenth. The authority shall adopt regulations, in accordance with the provisions of chapter 54, to specify the information which shall be required in such report. Such information shall be necessary for the authority to carry out the provisions of this section.

(j) The advisory council shall review all community access programming of a company or organization within the franchise area which programming has been the subject of a complaint.

(k) The authority shall establish the amount that the company or organization responsible for community access operations shall receive for such operations from subscribers and from multichannel video programming distributors. The amount shall be five dollars per subscriber per year, adjusted annually by a percentage reflecting the increase or decrease of the consumer price index for the preceding calendar year, provided the authority may increase or decrease the amount by not more than forty per cent of said amount for the subscribers and all multichannel video programming distributors within a franchise area after considering (1) the criteria set forth in subsection (c) of this section, (2) the level of public interest in community access operations in the franchise area, (3) the level of community need for educational access programming, (4) the level and breadth of participation in community access operations, (5) the adequacy of existing facilities, equipment and training programs to meet the current and future needs of the franchise area, and (6) any other factors determined to be relevant by the authority. Prior to increasing or decreasing said amount, the authority shall give notice and opportunity for a hearing to the company or multichannel video programming distributor and, where applicable, the organization responsible for community access programming. The amount shall be assessed once each year for each end user premises connected to an open video system, irrespective of the number of multichannel video programming distributors providing programming over the open video system. When the authority issues, transfers or renews a certificate of public convenience and necessity to operate a community antenna television system, the authority shall include in the franchise agreement the amount that the company or organization responsible for community access operations shall receive for such operations from subscribers. The authority shall conduct a proceeding to establish the amount that the company or organization responsible for community access operations shall receive for such operations from multichannel video programming distributors and the method of payment of said amount. The authority shall adopt regulations in accordance with chapter 54 to implement the provisions of this subsection.

(l) An organization assigned responsibility for community access operations which organization ceases to provide such operations shall transfer its assets to the successor organization assigned such responsibility or, if no successor organization is assigned such responsibility, to another nonprofit organization within the franchise area selected by the authority.

(m) On petition or its own motion, the authority shall determine whether a franchise area is subject to effective competition, as defined in 47 USC 543, as from time to time amended. Upon a determination that a franchise area is subject to effective competition, the provisions of this section shall apply to multichannel video programming distributors operating in the franchise area, provided (1) where multichannel video programming distributors provide programming over a single open video system, the provisions of this section shall apply jointly and not separately to all such distributors providing programming on the same open video system, and (2) the provisions of subsection (k) of this section shall apply to multichannel video programming distributors whether or not such distributors operate in a franchise area subject to such effective competition.

(n) No community antenna television company or nonprofit organization providing community access operations shall refuse to engage in good faith negotiation regarding interconnection of such operations with other community antenna television companies serving the same area. No school or facility owned or leased by a municipal government that possesses community access operations equipment shall unreasonably deny interconnection with or the use of such equipment to any such company or nonprofit organization. At the request of such a company or nonprofit organization providing community access operations, the authority may facilitate the negotiation between such company or organization and any other community antenna television company regarding interconnection of community access operations.

(o) Each company or organization shall consult with its advisory council in the formation of a community access programming policy, the adoption of the community access programming budget and the allocation of capital equipment and community access programming resources.
Conn. Gen. Stat. § 16-2 — Connecticut Code / Title 16 / Chapter 277 / Section 16-2
Sec. 16-2. Public Utilities Regulatory Authority. Utility commissioners. Staff.
Status: in_force

(b) Not later than June 30, 2023, and between June first and June thirtieth in each odd-numbered year thereafter, the Governor shall select the chairperson of the authority from among the utility commissioners. The chairperson shall serve a two-year term starting on July first of the same year. Each June, the utility commissioners shall choose, from among said commissioners, a vice-chairperson, who shall serve for a one-year term starting on July first of the same year. The vice-chairperson shall perform the duties of the chairperson in his or her absence.

(c) Any matter coming before the authority may be assigned by the chairperson to a panel of three or more utility commissioners. Except as otherwise provided by statute or regulation, the panel shall determine whether a public hearing shall be held on the matter, and may designate one or more of its members to conduct such hearing or may assign a hearing officer to ascertain the facts and report thereon to the panel. The decision of the panel, if unanimous, shall be the decision of the authority. If the decision of the panel is not unanimous, the matter shall be approved by a majority vote of the utility commissioners.

(d) The utility commissioners of the Public Utilities Regulatory Authority shall serve full time and shall file a statement of financial interests with the Office of State Ethics in accordance with section 1-83 . Each utility commissioner shall receive annually a salary equal to that established for management pay plan salary group seventy-five by the Commissioner of Administrative Services, except that the chairperson shall receive annually a salary equal to that established for management pay plan salary group seventy-seven.

(e) To insure the highest standard of public utility regulation, on and after October 1, 2007, any newly appointed utility commissioner of the authority shall have education or training and three or more years of experience in one or more of the following fields: Economics, engineering, law, accounting, finance, utility regulation, public or government administration, consumer advocacy, business management, and environmental management. On and after July 1, 1997, at least three of these fields shall be represented on the authority by individual utility commissioners at all times. Any time a utility commissioner is newly appointed, at least one of the utility commissioners shall have experience in utility customer advocacy.

(f) (1) The chairperson of the authority, with the approval of the Commissioner of Energy and Environmental Protection, shall prescribe the duties of the staff assigned to the authority in order to (A) conduct comprehensive planning with respect to the functions of the authority; (B) cause the administrative organization of the authority to be examined with a view to promoting economy and efficiency; and (C) organize the authority into such divisions, bureaus or other units as necessary for the efficient conduct of the business of the authority and may from time to time make recommendations to the Commissioner of Energy and Environmental Protection regarding staff and resources.

(2) The chairperson of the Public Utilities Regulatory Authority, in order to implement the comprehensive planning and organizational structure established pursuant to subdivision (1) of this subsection, shall (A) coordinate the activities of the authority and prescribe the duties of the staff assigned to the authority; (B) for any proceeding on a proposed rate amendment in which staff of the authority are to be made a party pursuant to section 16-19j , determine which staff shall appear and participate in the proceedings and which shall serve the members of the authority; (C) enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of the authority's duties; (D) subject to the provisions of section 4-32 , and unless otherwise provided by law, receive any money, revenue or services from the federal government, corporations, associations or individuals, including payments from the sale of printed matter or any other material or services; and (E) require the staff of the authority to have expertise in public utility engineering and accounting, finance, economics, computers and rate design.

(g) No utility commissioner of the Public Utilities Regulatory Authority or employee of the Department of Energy and Environmental Protection assigned to work with the authority shall have any interest, financial or otherwise, direct or indirect, or engage in any business, employment, transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, as defined in section 1-85 , concerning any matter within the jurisdiction of the authority; provided, no such substantial conflict shall be deemed to exist solely by virtue of the fact that a utility commissioner of the authority or employee of the department assigned to work with the authority, or any business in which such a person has an interest, receives utility service from one or more Connecticut utilities under the normal rates and conditions of service.

(h) No utility commissioner of the Public Utilities Regulatory Authority or employee of the Department of Energy and Environmental Protection assigned to work with the authority, during such assignment, shall accept other employment which will either impair his or her independence of judgment as to his or her official duties or employment or require him or her, or induce him or her, to disclose confidential information acquired by him or her in the course of and by reason of his or her official duties.

(i) No utility commissioner of the Public Utilities Regulatory Authority or employee of the Department of Energy and Environmental Protection assigned to work with the authority, during such assignment, shall wilfully and knowingly disclose, for pecuniary gain, to any other person, confidential information acquired by him or her in the course of and by reason of his or her official duties or employment or use any such information for the purpose of pecuniary gain.

(j) No utility commissioner of the Public Utilities Regulatory Authority or employee of the Department of Energy and Environmental Protection assigned to work with the authority, during such assignment, shall agree to accept, or be in partnership or association with any person, or a member of a professional corporation or in membership with any union or professional association which partnership, association, professional corporation, union or professional association agrees to accept any employment, fee or other thing of value, or portion thereof, in consideration of his or her appearing, agreeing to appear, or taking any other action on behalf of another person before the authority, the Connecticut Siting Council, the Office of Policy and Management or the Commissioner of Energy and Environmental Protection.

(k) No utility commissioner of the Public Utilities Regulatory Authority shall, for a period of one year following the termination of his or her service as a utility commissioner, accept employment: (1) By a public service company or by any person, firm or corporation engaged in lobbying activities with regard to governmental regulation of public service companies; (2) by a certified telecommunications provider or by any person, firm or corporation engaged in lobbying activities with regard to governmental regulation of persons, firms or corporations so certified; or (3) by an electric supplier or by any person, firm or corporation engaged in lobbying activities with regard to governmental regulation of electric suppliers. No such utility commissioner who is also an attorney shall in any capacity, appear or participate in any matter, or accept any compensation regarding a matter, before the authority, for a period of one year following the termination of his or her service as a utility commissioner.

(l) The chairperson of the authority shall assign authority staff to fulfill the duties of procurement manager where required pursuant to this title and title 16a.

(m) Notwithstanding any provision of the general statutes, the decisions of the Public Utilities Regulatory Authority, including, but not limited to, decisions relating to rate amendments arising from the Comprehensive Energy Strategy, the Integrated Resources Plan, the Conservation and Load Management Plan and policies established by the Department of Energy and Environmental Protection, shall be guided by said strategy and plans and such policies.

(n) Two or more utility commissioners serving on a panel established pursuant to subsection (c) of this section may confer or communicate regarding the matter before such panel. Any such conference or communication that does not occur before the public at a hearing or proceeding shall not constitute a meeting as defined in section 1-200 .

Cited. 136 C. 314; 171 C. 387; 183 C. 128; 184 C. 1; 210 C. 349; 234 C. 624.
Conn. Gen. Stat. § 16a-3t — Connecticut Code / Title 16a / Chapter 295 / Section 16a-3t
Sec. 16a-3t. Solicitation re run-of-the-river hydropower.
Status: in_force

(b) Not later than December 31, 2025, the commissioner may select proposals from such providers of instantaneous run-of-the-river hydropower. Facilities generating such hydropower shall have a total nameplate capacity rating of not more than twenty megawatts in the aggregate. The commissioner may direct the electric distribution companies to enter into power purchase agreements for energy, capacity and environmental attributes, or any combination thereof, for periods of not more than twenty years on behalf of all customers of the state's electric distribution companies. Any certificates issued by the New England Power Pool Generation Information System for any Class I renewable energy sources procured under this section may be: (1) Sold in the New England Power Pool Generation Information System renewable energy credit market to be used by any electric supplier or electric distribution company to meet the requirements of section 16-245a , provided the revenues from such sale are credited to all customers of the contracting electric distribution company; or (2) retained by the electric distribution company to meet the requirements of section 16-245a . In considering whether to sell or retain such certificates, the company shall select the option that is in the best interest of such company's ratepayers. Any such agreement shall be subject to review and approval by the Public Utilities Regulatory Authority, which review shall be completed not later than one hundred eighty days after the date on which such agreement is filed with the authority. The net costs of any such agreement, including costs incurred by the electric distribution companies under the agreement and reasonable costs incurred by the electric distribution companies in connection with the agreement, shall be recovered through a fully reconciling component of electric rates for all customers of electric distribution companies. All reasonable costs incurred by the Department of Energy and Environmental Protection associated with the commissioner's solicitation and review of proposals pursuant to this section shall be recoverable through the nonbypassable, federally mandated congestion charges, as defined in section 16-1 .
Conn. Gen. Stat. § 16a-102 — Connecticut Code / Title 16a / Chapter 298a / Section 16a-102
Sec. 16a-102. (Formerly Sec. 19-409). Coordination of atomic development activities by the Commissioner of Energy and Environmental Protection.
Status: in_force

(b) The several agencies of the state which are directed by section 16a-103 to initiate and pursue continuing studies are directed to keep the Commissioner of Energy and Environmental Protection fully and currently informed as to their activities relating to atomic energy. No regulation or amendment to a regulation applying specifically to an atomic energy matter which any such agency may propose to issue shall become effective until thirty days after it has been submitted to the Commissioner of Energy and Environmental Protection, unless, upon a finding of emergency need, the Governor by order waives all or any part of this thirty-day period.

(c) The Commissioner of Energy and Environmental Protection or his designee shall keep the Governor and the several interested agencies informed as to private and public activities affecting atomic industrial development and shall enlist their cooperation in taking action to further such development as is consistent with the health, safety and general welfare of this state.

(d) Within amounts appropriated for the purposes of this section, the Commissioner of Energy and Environmental Protection may retain on a contractual or other basis such assistance as is required to carry out the purposes of this section.

(e) The commissioner may enter into any agreement with the United States Nuclear Regulatory Commission pursuant to Section 274i of the Atomic Energy Act of 1954, as amended, or any other federal government agency, state or interstate agency for the state to perform on a cooperative basis with such commission, other federal government agency, state or interstate agency, as applicable, inspections or other functions relating to the control of sources of radiation.
Conn. Gen. Stat. § 16-247k — Connecticut Code / Title 16 / Chapter 283 / Section 16-247k
Sec. 16-247k. Alternative forms of regulation for telephone companies: Plan requirements, monitoring period, modification.
Status: in_force

(b) Upon the filing of a proposed plan for alternative regulation by a telephone company, the authority shall, after notice and hearing, issue a decision in which it approves, modifies or denies the proposed plan. The authority shall approve the proposed or modified plan only if it finds that such plan (1) includes a pricing methodology that reasonably ensures that customers and other telecommunications companies have access to the noncompetitive services of the telephone company at just and reasonable rates which reflect prudent and efficient management, and that such access is available on nondiscriminatory terms and conditions, (2) is designed to streamline, minimize the costs of and maximize the effectiveness of regulation for the telephone company, (3) encourages prudent infrastructure investment and improvements in productivity and service quality for noncompetitive services, (4) does not impede the continued development of competition for the noncompetitive services or disadvantage the provision of emerging competitive or competitive services by the telephone company, (5) ensures that the investment risk associated with the provision of competitive and emerging competitive services by the telephone company shall not be borne by customers of noncompetitive services, (6) notwithstanding the provisions of sections 16-19 , 16-19e and 16-22 and subsection (a) of this section, includes a mechanism by which the authority may monitor the earnings of the affected company over a monitoring period, (7) is in the public interest, and (8) is consistent with the goals set forth in section 16-247a .

(c) During the monitoring period of an approved plan for an alternative form of regulation, the telephone company shall use any earnings in excess of a ceiling approved by the authority to offset the depreciation reserve deficiency of the company.

(d) Following the monitoring period, an approved plan for alternative regulation of a telephone company shall continue unless or until the authority (1) changes the form of regulation pursuant to an application filed by the company, or (2) determines that the plan does not continue to meet the criteria set forth in subsection (b) of this section. Upon such change or determination, the authority may order a different form of alternative regulation consistent with the criteria set forth in subsection (b) of this section. If the authority finds that competition has not developed or will not develop for certain services, the authority may apply traditional cost-based rate of return regulation to those noncompetitive services.

(e) The authority may modify a plan for an alternative form of regulation which it approved pursuant to this section and which is in effect if the authority determines such modification is required due to previously unforeseen circumstances, including, but not limited to, allowing the company to recover the reasonable costs of security of assets, facilities and equipment, both existing and foreseeable, that are incurred solely for the purpose of responding to security needs associated with the terrorist attacks on September 11, 2001, and the continuing war on terrorism.
Conn. Gen. Stat. § 16-333m — Connecticut Code / Title 16 / Chapter 289 / Section 16-333m
Sec. 16-333m. Limitations on charges for disconnection or downgrade of service.
Status: in_force

(b) No company or provider may charge a subscriber for any video service after the date that such subscriber requests disconnection, downgrade or cancellation of such service, unless, in the case of a total disconnection or any video service option requested to be eliminated, the subscriber prevents the company or provider from disconnecting such service within a reasonable time. If the subscriber makes such request before the last day of the monthly billing period for such service, such company or provider, as applicable, shall grant the subscriber a pro rata rebate for all days of the monthly billing period after such disconnection, downgrade or cancellation.

(c) Nothing in this section shall be construed to relieve a video service subscriber of responsibility for charges incurred as of the date of subscription termination or for any charges resulting from unreturned or damaged equipment, or for equipment purchased from the company or provider for which a balance is still owed.
Conn. Gen. Stat. § 16-333f — Connecticut Code / Title 16 / Chapter 289 / Section 16-333f
Sec. 16-333f. Programming and rate changes. Regulatory authority. Industry cooperation.
Status: in_force

(b) The Public Utilities Regulatory Authority shall file a written certification with the Federal Communications Commission for designation as the franchising authority exercising the regulatory authority permitted under the Cable Television Consumer Protection and Competition Act of 1992, P.L. 102-385.

(c) The Public Utilities Regulatory Authority shall encourage cooperation between community antenna television companies and local television broadcast stations in order to further the public interest concerning the provision of video programming and community antenna television services, thus ensuring the widest possible range of programming choices for all residents of the state at the lowest possible cost to all residents of the state.
Conn. Gen. Stat. § 16-262r — Connecticut Code / Title 16 / Chapter 283 / Section 16-262r
Sec. 16-262r. Satellite management of water companies. Expedited rate proceedings.
Status: in_force

(1) “Provider water company” means a water company, as defined in section 16-1 , which provides satellite management services.

(2) “Recipient water company” means a water company, as defined in section 25-32a , which receives satellite management services.

(3) “Satellite management services” includes any of the following services relating to public water systems: Operation, maintenance, administration, emergency and scheduled repairs, monitoring and reporting, billing, operator training and the purchase of supplies and equipment.

(b) A provider water company may provide satellite management services to a recipient water company.

(c) In any proceeding pursuant to section 16-19 on a rate amendment proposed by a provider water company, the Public Utilities Regulatory Authority shall review any revenue derived and expenses incurred from satellite management services provided by the provider water company, and the authority, if it deems appropriate, may deem such revenue and expenses to be excluded for purposes of rate-making under said section 16-19 .

(d) The authority, if it deems appropriate, may equalize the rates charged to customers by a provider water company and a recipient water company having fifty or more consumers, which are participating in a satellite management services arrangement. The authority may phase in such equalization over a period of time.

(e) Notwithstanding any provision of subdivision (4) of subsection (a) of section 16-19e , the authority, if it deems appropriate, may award a premium rate of return to a provider water company, in accordance with the provisions of subdivisions (1), (2), (3) and (5) of subsection (a) of section 16-19e , on any water system which the company voluntarily acquires or acquires pursuant to an order issued under section 16-262o .

Cited. 219 C. 121.
Conn. Gen. Stat. § 16-50aaa — Connecticut Code / Title 16 / Chapter 277b / Section 16-50aaa
Sec. 16-50aaa. Council on 5G Technology. Use of state real properties for placement, construction, maintenance and operation of personal wireless service facilities and small wireless facilities. Telecommunications License Agreements.
Status: in_force

(1) “Council” means the Council on 5G Technology established in subsection (b) of this section;

(2) “Department of Energy and Environmental Protection property” means any improved or unimproved real property owned by the Department of Energy and Environmental Protection or subject to an interest in such property owned by said department;

(3) “Department of Transportation public right-of-way property” means any improved or unimproved real property owned by the Department of Transportation that is not a railroad, excess property or associated structures;

(4) “Highway” has the same meaning as provided in section 14-1 ;

(5) “Interested person” means a person, as defined in section 3-56a , who owns land in the state that (A) abuts state real property, and (B) is within a distance determined by the council in the guidelines adopted pursuant to subsection (c) of this section from the proposed personal wireless service facility or small wireless facility that the council is reviewing pursuant to a request made pursuant to subsection (d) of this section;

(6) “Permitted entity” means a communication infrastructure provider, including, but not limited to, a person authorized to provide communication service in the state, who builds or installs personal wireless service facilities and small wireless facilities and is not a wireless carrier;

(7) “Personal wireless service facilities” has the same meaning as provided in 47 USC 332(c)(7), as amended from time to time;

(8) “Small wireless facilities” has the same meaning as provided in 47 CFR 1.6002, as amended from time to time;

(9) “State real properties” has the same meaning as provided in section 4-67g , except it does not include any (A) Department of Energy and Environmental Protection property, (B) Department of Transportation public right-of-way property, (C) improved or unimproved real property owned by the judicial branch, or (D) improved or unimproved real property owned by the legislative branch; and

(10) “Wireless carrier” means a provider of personal wireless services as defined in 47 USC 332(c)(7).

(b) There shall be a Council on 5G Technology. The council shall consist of the following members or their designees: (1) One employee of the office of the Governor, designated by the Governor; (2) the Secretary of the Office of Policy and Management; (3) the Commissioner of Administrative Services; (4) the Commissioner of Transportation; (5) the Commissioner of Energy and Environmental Protection; (6) the president of The University of Connecticut; and (7) the chancellor of the Connecticut State Colleges and Universities.

(c) The council shall adopt guidelines for (1) its operations; and (2) the determinations it makes pursuant to subdivision (2) of subsection (d) of this section, which shall include, but not be limited to, guidelines concerning the safe placement of personal wireless service facilities and small wireless facilities, the protection of open space land when reviewing for use of state real properties submitted in accordance with subdivision (1) of subsection (d) of this section and extensions of time for a determination by the council. The adoption of such guidelines shall not be subject to chapter 54.

(d) (1) A wireless carrier or permitted entity may request to use state real properties for the placement, construction, maintenance and operation of personal wireless service facilities and small wireless facilities in accordance with this subsection. A request for the use of state real properties shall be submitted to the council using the common form developed pursuant to subsection (g) of this section.

(2) (A) The council shall accept and review requests from wireless carriers or permitted entities for the use of state real properties for the placement, construction, maintenance and operation of personal wireless service facilities and small wireless facilities made using the common form or forms developed pursuant to subsection (g) of this section.

(B) (i) The council shall accept and review comments from any state agency affected by such request and any interested person. In evaluating such requests, the council shall perform due diligence for the portion of each state real property that is the subject of a request, which shall include, but not be limited to, the consideration and assessment of public health and safety effects, state bonding implications and environmental concerns.

(ii) The Department of Energy and Environmental Protection shall submit comments regarding environmental concerns regarding requests for the use of state real properties for the placement of personal wireless service facilities.

(C) After reviewing any comments submitted from a state agency and any interested person and conducting due diligence, the council shall determine, in accordance with any Federal Communications Commission regulations, rulings or orders, whether a state real property may be used by wireless carriers or permitted entities for the placement, construction, maintenance and operation of personal wireless service facilities or small wireless facilities. In making such determination, the council shall give preference to requests that include the collocation of personal wireless service facilities or small wireless facilities with other wireless carriers or permitted entities. Such determinations shall be made within ninety days of a request by a majority vote of the council, except if the council has determined an extension of time is necessary, pursuant to the guidelines adopted pursuant to subsection (c) of this section.

(D) After the council makes a determination to approve a request pursuant to subparagraph (C) of this subdivision, the council shall submit such approved request as follows: (i) For requests to use state real properties owned by The University of Connecticut, to the president of The University of Connecticut: (ii) for requests to use state real properties owned by the Department of Transportation, to the Commissioner of Transportation; and (iii) for requests to use state real properties not included in clause (i) or (ii) of this subparagraph, to the Commissioner of Administrative Services.

(3) (A) Not later than thirty days after the receipt of the approved request pursuant to subparagraph (D) of subdivision (2) of this subsection, the president of The University of Connecticut shall use the Telecommunications License Agreement, forms and fee structure developed pursuant to subsection (g) of this section to execute a license agreement with the wireless carrier or permitted entity that submitted the approved request, provided any such agreement shall be approved by the Secretary of the Office of Policy and Management and the Attorney General. The president shall administer any license agreement executed pursuant to this subparagraph.

(B) Not later than thirty days after the receipt of the approved request pursuant to subparagraph (D) of subdivision (2) of this subsection, the Commissioner of Transportation shall use the Telecommunications License Agreement, forms and fee structure developed pursuant to subsection (g) of this section to execute a license agreement with the wireless carrier or permitted entity that submitted the approved request, provided any such agreement shall be approved by the Secretary of the Office of Policy and Management and the Attorney General. Said commissioner shall administer any license agreement executed pursuant to this subparagraph.

(C) Not later than thirty days after the receipt of the approved request pursuant to subparagraph (D) of subdivision (2) of this subsection, the Commissioner of Administrative Services shall use the Telecommunications License Agreement, forms and fee structure developed pursuant to subsection (g) of this section to execute a license agreement with the wireless carrier or permitted entity that submitted the approved request, provided any such agreement shall be approved by the Secretary of the Office of Policy and Management and the Attorney General. Said commissioner shall administer any license agreement executed pursuant to this subparagraph.

(e) (1) A wireless carrier or permitted entity may request to use Department of Energy and Environmental Protection property for the placement, construction, maintenance and operation of small wireless facilities in accordance with this subsection. Such requests shall be made to the Commissioner of Energy and Environmental Protection using the common form developed pursuant to subsection (g) of this section.

(2) The Department of Energy and Environmental Protection shall develop a policy for the placement, construction, maintenance and operation of small wireless facilities on Department of Energy and Environmental Protection property. The development of such policy shall not be subject to chapter 54. Any request made pursuant to this subsection shall comply with such policy and shall be reviewed by said department in accordance with such policy within ninety days, unless the department determines that an extension of time is necessary. If the department approves a request, the Commissioner of Energy and Environmental Protection shall use the Telecommunications License Agreement, forms and fee structure developed pursuant to subsection (g) of this section to execute a license agreement with the wireless carrier or permitted entity that submitted the approved request within thirty days of such approval, provided any such agreement shall be approved by the Secretary of the Office of Policy and Management and the Attorney General. Said commissioner shall administer any license agreement executed pursuant to this subparagraph. Nothing in this subdivision shall be deemed to require the Department of Energy and Environmental Protection to make Department of Energy and Environmental Protection property available for the siting of personal wireless service facilities.

(f) (1) A wireless carrier or permitted entity may request to use Department of Transportation public right-of-way property for the placement, construction, maintenance and operation of small wireless facilities in accordance with this subsection.

(2) The Department of Transportation shall make highways and Department of Transportation public rights-of-way available for placement, construction, maintenance and operation of small wireless facilities in accordance with any applicable Federal Communications Commission regulations, rulings or orders. Any request made pursuant to this subsection shall be administered by said department and shall be consistent with, to the extent applicable, the department's policy, as amended from time to time, regarding the installation of new utility facilities on any state or interstate highway, the American Association of State Highway and Transportation Officials' Policy on the Accommodation of Utilities on Freeway Rights-of-Way and any regulations or policies adopted by the Federal Highway Administration. Nothing in this subdivision shall be deemed to require the department to make structures over the traveled portion of a limited access state highway available for placement, construction, maintenance and operation of small wireless facilities.

(g) On or before November 1, 2019, the Office of Policy and Management, the Department of Energy and Environmental Protection, the Department of Administrative Services and the Department of Transportation shall jointly develop: (1) One or more Telecommunication License Agreements that shall govern (A) the placement of personal wireless service facilities and small wireless facilities on state real properties, buildings, structures or any other property owned by the state, (B) the placement of small wireless facilities on highways and Department of Transportation public right-of-way property; (2) a common form or set of forms for requests made pursuant to subsections (d), (e) and (f) of this section; and (3) a fee structure for requests made pursuant to subsections (d), (e) and (f) of this section. Any Telecommunication License Agreement developed pursuant to this subsection shall be subject to approval by the Attorney General prior to being used pursuant to this section.

(h) At the time it submits its first request and every two years thereafter, any wireless carrier or permitted entity that submits or has submitted a request for the use of state real property pursuant to subsection (d) of this section, if such wireless carrier or permitted entity anticipates making another request in the next two calendar years, shall submit to the council such wireless carrier's or permitted entity's master plan or equivalent plan for personal wireless service facilities and small wireless facilities. Any master plan or equivalent plan submitted pursuant to this section may be used by the council in the administration of this section and shall be deemed a trade secret and exempt from public disclosure pursuant to section 1-210 , and shall be marked as such by the council.

(i) Nothing in this section shall be construed to prohibit a wireless carrier or permitted entity from requesting the use of property owned by the state that is not subject to this section for the installation of personal wireless service facilities or small wireless facilities. Such request shall be made to the state agency that owns such property. Any agency that receives a request pursuant to this subsection shall grant or reject such request not later than ninety days after receiving such request.

(j) Nothing in this section shall be construed to supersede any existing rules and requirements that require the review and approval of permits for proposed personal wireless service facilities that are subject to the jurisdiction of the Connecticut Siting Council and the Public Utilities Regulatory Authority.
Conn. Gen. Stat. § 16-50ii — Connecticut Code / Title 16 / Chapter 277a / Section 16-50ii
Sec. 16-50ii. Electric generating facility: Flammable gas to clean piping prohibited; requirements prior to issuance of certificate to build. Penalty.
Status: in_force

(b) The Connecticut Siting Council shall not issue a certificate to build a facility described in subdivision (3) of subsection (a) of section 16-50i unless a person applying for such certificate demonstrates to the satisfaction of the council that such person has:

(1) Retained, for the duration of the construction project, at least one special inspector to assist the municipal fire marshal in reviewing construction plans and conducting inspections during construction of the electric generating facility to ensure compliance with the recommended standards; and

(2) Paid a fee to be established in accordance with subsection (d) of section 29-251c to be used in the training of local fire marshals on the complex issues of electric generating facility construction. Said fee shall be deposited in the Code Training Fund established in section 29-251c .

(c) The special inspector retained under subsection (b) of this section shall have the following duties:

(1) To assist the local fire marshal in said fire marshal's review and approval of methods for cleaning the interior of gas piping;

(2) To approve an appropriate safety plan for any nonflammable gas blows conducted at the electric generating facility;

(3) To observe the actual cleaning procedure in order to assure compliance with the approved methods for cleaning the interior of gas piping; and

(4) To conduct inspections during construction of such facility in order to ensure compliance with the approved methods and with the provisions of this section.

(d) Any person designated as a special inspector for purposes of this section shall:

(1) Be approved by the Connecticut Siting Council and not otherwise employed or financially involved in the construction or operation of the electric generating facility; and

(2) Be a licensed professional mechanical engineer pursuant to chapter 391 or a person holding a commission from the National Board of Pressure Vessel Inspectors and have knowledge and field experience in electric generating facility construction.

(e) Any person who violates any provision of subsection (a) or (b) of this section shall be fined not more than one hundred thousand dollars or imprisoned not more than two years, or both, for each offense.
Conn. Gen. Stat. § 16-50aa — Connecticut Code / Title 16 / Chapter 277a / Section 16-50aa
Sec. 16-50aa. Tower sharing: Policy, requests, feasibility proceeding, compensation, expenses.
Status: in_force

(b) As used in this section, “facility” means a tower owned or operated for a commercial or public purpose by a person, firm, corporation or a public agency which uses such tower for transmitting or receiving signals in the electromagnetic spectrum pursuant to a Federal Communications Commission license.

(c) (1) A person, firm, corporation or public agency which transmits or receives signals in the electromagnetic spectrum for a commercial or public purpose pursuant to a Federal Communications Commission license may submit a request, on a form specified by the council, to the owner of a facility that the owner permit shared use of the facility. If such an owner agrees to the proposed shared use, the entity which would share the use of the facility shall comply with reasonable conditions established by the owner concerning the use of the facility. The council may arbitrate any issue between the owner of the facility and the requesting entity concerning the establishment of or compliance with any such conditions. An owner of a facility which agrees to shared use of the facility pursuant to this section may request in writing that the council approve the proposed shared use of the facility. If the council finds that the proposed shared use of the facility is technically, legally, environmentally and economically feasible and meets public safety concerns, the council shall issue an order approving such shared use.

(2) If an owner of a facility refuses permission for the proposed shared use, the requesting entity may bring the issue of the proposed shared use to the council. Upon written request by the requesting entity, the council shall initiate a feasibility proceeding to determine whether the proposed shared use is technically, legally, environmentally and economically feasible and meets public safety concerns. A feasibility proceeding shall include a hearing in accordance with the provisions of chapter 54, to be held (A) at a location determined by the council, and (B) not later than ninety days following the council's receipt of the written request for such a proceeding. The council shall provide the owner of the facility, the entity requesting the feasibility proceeding and the municipality in which the facility is located with notice of the proceeding not later than thirty days preceding the hearing. In a feasibility proceeding, the council shall render a decision upon the record, not later than one hundred eighty days following the council's receipt of the written request for such a proceeding, stating whether the proposed shared use of the facility is technically, legally, environmentally and economically feasible and meets public safety concerns. The council shall include appropriate findings in its decision. If the council determines that the proposed shared use of the facility is technically, legally, environmentally and economically feasible and meets public safety concerns, the decision shall include an order requiring the owner of the facility to permit the proposed shared use upon such terms, conditions or limitations as the council determines appropriate.

(d) (1) If a person, firm, corporation or public agency which transmits, receives or will transmit or receive signals in the electromagnetic spectrum for a commercial or public purpose pursuant to a Federal Communications Commission license and the owner of a facility agree to shared use of a facility but cannot agree on fair compensation for the proposed shared use, or if the council, following a feasibility proceeding, orders shared use of a facility but the parties cannot agree on fair compensation for such shared use, the parties may either submit the issue of fair compensation to arbitration or petition the Superior Court to determine the issue. If the parties submit their dispute to arbitration, they must do so not later than ninety days following the issuance of the council's decision in a feasibility proceeding or conclusion by the parties that they cannot agree on fair compensation, as the case may be. If the parties submit their dispute to arbitration and a party is not satisfied with the ruling of the arbitrator, any party may petition the Superior Court to determine the issue. If either party petitions the Superior Court to determine the issue of fair compensation, the petition shall be submitted to the superior court for the judicial district in which the facility is located. The Public Utilities Regulatory Authority shall accept, absent good cause to the contrary, the ruling of the arbitrator or the decision of the Superior Court, as the case may be, for rate-making purposes.

(2) If a public service company owns a facility which is used to provide a regulated service and another entity shares or will share the use of such facility pursuant to the provisions of this subsection, the public service company shall incorporate the agreement of the parties, the ruling of the arbitrator or the decision of the Superior Court, as the case may be, regarding compensation for shared use of the facility in a tariff, special contract or other applicable filing submitted by the owner to the Public Utilities Regulatory Authority.

(e) The council, in consultation with the parties involved, shall determine the expenses associated with the proceedings set forth in this subsection, except expenses associated with any petition or appeal taken to the Superior Court, prior to their expenditure. All such expenses shall be borne by the person, firm, corporation, or public agency which seeks shared use of a facility under the provisions of this section.
Conn. Gen. Stat. § 16-243u — Connecticut Code / Title 16 / Chapter 283 / Section 16-243u
Sec. 16-243u. Plan to build peaking generation.
Status: in_force

Section authorized PURA to determine peaking generation provider's recovery using the general rate-making principles found in Sec. 16-19e and, in doing so, directed PURA to review such provider's recoverable costs to ensure that “the level and structure of rates be sufficient, but no more than sufficient, to allow such provider to recover its operating costs”. 348 C. 532.