Connecticut Seal

House Bill No. 5417

Public Act No. 04-236

AN ACT IMPLEMENTING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE UTILITY LAWS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 16-50g of the general statutes, as amended by section 1 of public act 03-140, is repealed and the following is substituted in lieu thereof (Effective from passage):

The legislature finds that power generating plants and transmission lines for electricity and fuels, community antenna television towers and telecommunication towers have had a significant impact on the environment and ecology of the state of Connecticut; and that continued operation and development of such power plants, lines and towers, if not properly planned and controlled, could adversely affect the quality of the environment [,] and the ecological, scenic, historic and recreational values of the state. The purposes of this chapter are: To provide for the balancing of the need for adequate and reliable public utility services at the lowest reasonable cost to consumers with the need to protect the environment and ecology of the state and to minimize damage to scenic, historic, and recreational values; to provide environmental quality standards and criteria for the location, design, construction and operation of facilities for the furnishing of public utility services at least as stringent as the federal environmental quality standards and criteria, and technically sufficient to assure the welfare and protection of the people of the state; to encourage research to develop new and improved methods of generating, storing and transmitting electricity and fuel and of transmitting and receiving television and telecommunications with minimal damage to the environment and other values described above; to promote energy security; to promote the sharing of towers for fair consideration wherever technically, legally, environmentally and economically feasible to avoid the unnecessary proliferation of towers in the state particularly where installation of such towers would adversely impact class I and II watershed lands, and aquifers; to require annual forecasts of the demand for electric power, together with identification and advance planning of the facilities needed to supply that demand and to facilitate local, regional, state-wide and interstate planning to implement the foregoing purposes.

Sec. 2. Subsection (h) of section 16-50j of the general statutes, as amended by section 1 of public act 03-263, is repealed and the following is substituted in lieu thereof (Effective from passage):

(h) Prior to commencing any hearing pursuant to section 16-50m, as amended, the council shall consult with and solicit written comments from the Department of Environmental Protection, the Department of Public Health, the Council on Environmental Quality, the Department of Agriculture, the Department of Public Utility Control, the Office of Policy and Management, the Department of Economic and Community Development and the Department of Transportation. In addition, the Department of Environmental Protection shall have the continuing responsibility to investigate and report to the council on all applications which prior to October 1, 1973, were within the jurisdiction of said Department of Environmental Protection with respect to the granting of a permit. Copies of such comments shall be made available to all parties prior to the commencement of the hearing. Subsequent to the commencement of the hearing, said departments [,] and council [and commissions] may file additional written comments with the council within such period of time as the council designates. All such written comments shall be made part of the record provided by section 16-50o, as amended. Said departments [,] and council [and commissions] shall not enter any contract or agreement with any party to the proceedings or hearings described in this section or section 16-50p, as amended, that requires said [department,] departments or council [or commission] to withhold or retract comments, refrain from participating in or withdraw from said proceedings or hearings.

Sec. 3. Subdivision (2) of subsection (a) of section 16-50l of the general statutes, as amended by section 4 of public act 03-140, is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) In the case of facilities described in subdivision (3) of subsection (a) of section 16-50i, as amended: (A) A description of the proposed electric generating or storage facility; (B) a statement and full explanation of why the proposed facility is necessary; (C) a statement of loads and resources as described in section 16-50r; (D) safety and reliability information, including planned provisions for emergency operations and shutdowns; (E) estimated cost information, including plant costs, fuel costs, plant service life and capacity factor, and total generating cost per kilowatt-hour, both at the plant and related transmission, and comparative costs of alternatives considered; (F) a schedule showing the program for design, material acquisition, construction and testing, and operating dates; (G) available site information, including maps and description and present and proposed development, and geological, scenic, ecological, seismic, biological, water supply, population and load center data; (H) justification for adoption of the site selected, including comparison with alternative sites; (I) design information, including a description of facilities, plant efficiencies, electrical connections to the system, and control systems; (J) a description of provisions, including devices and operations, for mitigation of the effect of the operation of the facility on air and water quality, for waste disposal, and for noise abatement, and information on other environmental aspects; (K) a listing of federal, state, regional, district and municipal agencies from which approvals either have been obtained or will be sought covering the proposed facility, copies of approvals received and the planned schedule for obtaining those approvals not yet received.

Sec. 4. Subparagraph (B) of subdivision (1) of subsection (a) of section 16-50l of the general statutes, as amended by section 4 of public act 03-140, is repealed and the following is substituted in lieu thereof (Effective December 1, 2004):

(B) In the case of facilities described in subdivision (3) of subsection (a) of section 16-50i, as amended: (i) A description of the proposed electric generating or storage facility; (ii) a statement and full explanation of why the proposed facility is necessary; (iii) a statement of loads and resources as described in section 16-50r; (iv) safety and reliability information, including planned provisions for emergency operations and shutdowns; (v) estimated cost information, including plant costs, fuel costs, plant service life and capacity factor, and total generating cost per kilowatt-hour, both at the plant and related transmission, and comparative costs of alternatives considered; (vi) a schedule showing the program for design, material acquisition, construction and testing, and operating dates; (vii) available site information, including maps and description and present and proposed development, and geological, scenic, ecological, seismic, biological, water supply, population and load center data; (viii) justification for adoption of the site selected, including comparison with alternative sites; (ix) design information, including a description of facilities, plant efficiencies, electrical connections to the system, and control systems; (x) a description of provisions, including devices and operations, for mitigation of the effect of the operation of the facility on air and water quality, for waste disposal, and for noise abatement, and information on other environmental aspects; (xi) a listing of federal, state, regional, district and municipal agencies from which approvals either have been obtained or will be sought covering the proposed facility, copies of approvals received and the planned schedule for obtaining those approvals not yet received.

Sec. 5. Subparagraph (A) of subdivision (1) of subsection (a) of section 16-50l of the general statutes, as amended by section 5 of public act 03-140, is repealed and the following is substituted in lieu thereof (Effective December 1, 2004):

(A) In the case of facilities described in subdivisions (1), (2) and (4) of subsection (a) of section 16-50i, as amended: (i) A description, including estimated costs, of the proposed transmission line, substation or switchyard, covering, where applicable underground cable sizes and specifications, overhead tower design and appearance and heights, if any, conductor sizes, and initial and ultimate voltages and capacities; (ii) a statement and full explanation of why the proposed transmission line, substation or switchyard is necessary and how the facility conforms to a long-range plan for expansion of the electric power grid serving the state and interconnected utility systems, that will serve the public need for adequate, reliable and economic service; (iii) a map of suitable scale of the proposed routing or site, showing details of the rights-of-way or site in the vicinity of settled areas, parks, recreational areas and scenic areas, and showing existing transmission lines within one mile of the proposed route or site; (iv) justification for adoption of the route or site selected, including comparison with alternative routes or sites which are environmentally, technically and economically practical; (v) a description of the effect of the proposed transmission line, substation or switchyard on the environment, ecology, and scenic, historic and recreational values; (vi) a justification for overhead portions, if any, including life-cycle cost studies comparing overhead alternatives with underground alternatives, and effects described in clause (v) of this subparagraph of undergrounding; (vii) a schedule of dates showing the proposed program of right-of-way or property acquisition, construction, completion and operation; and (viii) identification of each federal, state, regional, district and municipal agency with which proposed route or site reviews have been undertaken, including a copy of each written agency position on such route or site.

Sec. 6. Subsection (a) of section 16-50p of the general statutes, as amended by section 10 of public act 03-140, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) In a certification proceeding, the council shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, limitations or modifications of the construction or operation of the facility as the council may deem appropriate. The council's decision shall be rendered within twelve months of the filing of an application concerning a facility described in subdivision (1) or (2) of subsection (a) of section 16-50i, as amended, or subdivision (4) of said subsection (a) if the application was incorporated in an application concerning a facility described in subdivision (1) of said subsection (a), and within one hundred eighty days of the filing of any other application concerning a facility described in subdivision (4) of said subsection (a), and an application concerning a facility described in subdivision (3), (5) or (6) of said subsection (a), provided such time periods may be extended by the council by not more than one hundred eighty days with the consent of the applicant. The council shall file, with its order, an opinion stating in full its reasons for the decision. Except as provided in subsection (c) of this section, the council shall not grant a certificate, either as proposed or as modified by the council, unless it shall find and determine: (1) A public need for the facility and the basis of the need taking into consideration other feasible and prudent alternatives provided to the council by a party or intervenor that address the same public need; (2) the nature of the probable environmental impact of the facility, or a feasible and prudent alternative provided to the council by a party or intervenor, alone and cumulatively with other existing facilities, including a specification of every significant adverse effect, whether alone or cumulatively with other effects, on, and conflict with the policies of the state concerning, the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and water purity and fish, aquaculture and wildlife; (3) why the adverse effects or conflicts referred to in subdivision (2) of this subsection are not sufficient reason to deny the application, including why other feasible and prudent alternatives with less adverse effects or fewer conflicts that are provided to the council by a party or intervenor do not address the same public need; (4) in the case of an electric transmission line, (A) what part, if any, of the facility shall be located overhead, (B) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected utility systems and will serve the interests of electric system economy and reliability, and (C) that the overhead portions, if any, of the facility, or a feasible and prudent alternative provided to the council by a party or intervenor, are cost effective and the most appropriate alternative based on a life-cycle cost analysis of the facility and underground alternatives to such facility, and are consistent with the purposes of this chapter, with such regulations as the council may adopt pursuant to subsection (a) of section 16-50t, and with the Federal Power Commission "Guidelines for the Protection of Natural Historic Scenic and Recreational Values in the Design and Location of Rights-of-Way and Transmission Facilities" or any successor guidelines and any other applicable federal guidelines; (5) in the case of an electric or fuel transmission line, that the location of the line will not pose an undue hazard to persons or property along the area traversed by the line; and (6) in the case of a facility described in subdivision (6) of subsection (a) of section 16-50i, as amended, that is proposed to be installed on land under agricultural restriction, as provided in section 22-26cc, as amended, that the facility will not result in a material decrease of acreage and productivity of the arable land. The terms of any agreement entered into by the applicant and any party to the certification proceeding, or any third party, in connection with the construction or operation of the facility, shall be part of the record of the proceedings and available for public inspection. The full text of any such agreement, and a statement of any consideration therefor, if not contained in the agreement, shall be filed with the council prior to the council's decision. This provision shall not require the public disclosure of proprietary information or trade secrets.

Sec. 7. Subparagraph (B) of subdivision (2) of subsection (c) of section 16-50p of the general statutes, as amended by section 12 of public act 03-140, is repealed and the following is substituted in lieu thereof (Effective from passage):

(B) The nature of the probable environmental impact of the facility, or a feasible and prudent alternative provided to the council by a party or intervenor, alone and cumulatively with other existing facilities, including a specification of every single adverse and beneficial effect that, whether alone or cumulatively with other effects, conflict with the policies of the state concerning the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and purity and fish and wildlife.

Sec. 8. Subsection (a) of section 15 of public act 03-140 is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established an account to be known as the "municipal participation account", within the General Fund, which shall be a separate, nonlapsing account. There shall be deposited in the account the municipal participation fees received pursuant to subdivisions (1) and (3) of subsection (a) of section 16-50l, as amended. The interest derived from the investment of the account shall be credited to the [fund] account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding.

Sec. 9. Subparagraph (E) of subdivision (2) of subsection (b) of section 16-244c of the general statutes, as amended by section 4 of public act 03-135, is repealed and the following is substituted in lieu thereof (Effective from passage):

(E) The transitional standard offer may be adjusted, by an increase or decrease, to the extent approved by the department, in the event that (i) the revenue requirements of the company are affected as the result of changes in (I) legislative enactments other than public act 03-135* or public act 98-28*, (II) administrative requirements, or (III) accounting standards adopted after July 1, 2003, provided such accounting standards are adopted by entities that are independent of the company and [which] have authority to issue such standards, or (ii) an electric distribution company incurs extraordinary and unanticipated expenses required for the provision of safe and reliable electric service to the extent necessary to provide such service.

Sec. 10. Subsection (g) of section 16-245 of the general statutes, as amended by section 6 of public act 03-135, is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) As conditions of continued licensure, in addition to the requirements of subsection (c) of this section: (1) The licensee shall comply with the National Labor Relations Act and regulations, if applicable; (2) the licensee shall comply with the Connecticut Unfair Trade Practices Act and applicable regulations; (3) each generating facility operated by or under long-term contract to the licensee shall comply with regulations adopted by the Commissioner of Environmental Protection, pursuant to section 22a-174j; (4) the licensee shall comply with the portfolio standards, pursuant to section 16-245a, as amended; (5) the licensee shall be a member of the New England Power Pool or its successor or [has] have a contractual relationship with one or more entities who are members of the New England Power Pool or its successor and the licensee shall comply with the rules of the regional independent system operator and standards and any other reliability guidelines of the regional independent systems operator; (6) the licensee shall agree to cooperate with the department and other electric suppliers in the event of an emergency condition that may jeopardize the safety and reliability of electric service; (7) the licensee shall comply with the code of conduct established pursuant to section 16-244h; (8) for a license to a participating municipal electric utility, the licensee shall provide open and nondiscriminatory access to its distribution facilities to other licensed electric suppliers; (9) the licensee or the entity or entities with whom the licensee has a contractual relationship to purchase power shall be in compliance with all applicable licensing requirements of the Federal Energy Regulatory Commission; (10) each generating facility operated by or under long-term contract to the licensee shall be in compliance with chapter 277a and state environmental laws and regulations; (11) the licensee shall comply with the renewable portfolio standards established in section 16-245a, as amended; and (12) the licensee shall acknowledge that it is subject to chapters 208, 212, 212a and 219, as applicable, and the licensee shall pay all taxes it is subject to in this state. Also as a condition of [a license] licensure, the department shall prohibit each licensee from declining to provide service to customers for the reason that the customers are located in economically distressed areas. The department may establish additional reasonable conditions to assure that all retail customers will continue to have access to electric generation services.

Sec. 11. Subdivision (6) of subsection (l) of section 16-245 of the general statutes, as amended by section 6 of public act 03-135, is repealed and the following is substituted in lieu thereof (Effective from passage):

(6) Any registered electric aggregator that fails to comply with a registration condition or [who] violates any provision of this section shall be subject to civil penalties by the Department of Public Utility Control in accordance with the procedures contained in section 16-41, or the suspension or revocation of such registration, or a prohibition on accepting new customers following a hearing that is conducted as a contested case in accordance with the provisions of chapter 54.

Sec. 12. Subdivision (2) of subsection (d) of section 16-245m of the general statutes, as amended by section 9 of public act 03-135, is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) Programs included in the plan shall be screened through cost-effectiveness testing which compares the value and payback period of program benefits to program costs to ensure that programs are designed to obtain energy savings whose value is greater than the costs of the programs. Cost-effectiveness testing shall utilize available information obtained from real-time monitoring systems to ensure accurate validation and verification of energy use. Program cost-effectiveness shall be reviewed annually, or otherwise as is practicable. If a program is determined to fail the cost-effectiveness test as part of the review process, it shall either be modified to meet the test or shall be terminated. On or before January 31, 2001, and annually thereafter until January 31, 2006, the board shall provide a report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment which documents expenditures [,] and fund balances and evaluates the cost-effectiveness of such programs conducted in the preceding year.

Sec. 13. Subsection (a) of section 16-245m of the general statutes, as amended by section 49 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) On and after January 1, 2000, the Department of Public Utility Control shall assess or cause to be assessed a charge of three mills per kilowatt hour of electricity sold to each end use customer of an electric distribution company to be used to implement the program as provided in this section for conservation and load management programs but not for the amortization of costs incurred prior to July 1, 1997, for such conservation and load management programs. Notwithstanding the provisions of this section, receipts from such charge shall be disbursed to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005, unless the department shall, on or before October 30, 2003, issue a financing order for each affected distribution company in accordance with sections 16-245e to 16-245k, inclusive, as amended, to sustain funding of conservation and load management programs by substituting an equivalent amount, as determined by the department in such financing order, of proceeds of rate reduction bonds for disbursement to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005. The department may authorize in such financing order the issuance of rate reduction bonds that substitute for disbursement to the General Fund for receipts of both the charge under this subsection and under subsection (b) of section 16-245n, as amended, and also may, in its discretion, authorize the issuance of rate reduction bonds under this subsection and subsection (b) of section 16-245n, as amended, that relate to more than one electric distribution company. The department shall, in such financing order or other appropriate order, offset any increase in the competitive transition assessment necessary to pay principal, premium, if any, interest and expenses of the issuance of such rate reduction bonds by making an equivalent reduction to the charge imposed under this subsection, provided any failure to offset all or any portion of such increase in the competitive transition assessment shall not affect the need to implement the full amount of such increase as required by this subsection and by sections 16-245e to 16-245k, inclusive, as amended. Such financing order shall also provide if the rate reduction bonds are not issued, any unrecovered funds expended and committed by the electric distribution companies for conservation and load management programs, provided such expenditures were approved by the department after August 20, 2003, and prior to the date of determination that the rate reduction bonds cannot be issued, shall be recovered by the companies from their respective competitive transition assessment or systems benefits charge but such expenditures shall not exceed four million dollars per month. All receipts from the remaining charge imposed under this subsection, after reduction of such charge to offset the increase in the competitive transition assessment as provided in this subsection, shall be disbursed to the Energy Conservation and Load Management Fund commencing as of July 1, 2003. Any increase in the competitive transition assessment or decrease in the conservation and load management component of an electric distribution company's rates resulting from the issuance of or obligations under rate reduction bonds shall be included as rate adjustments on customer bills.

Sec. 14. Subsection (c) of section 16-258a of the general statutes, as amended by section 1 of public act 03-27, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Each person registered with the department shall submit to the department by July fifteenth of each year, on a form prescribed by the department, an update of information the department deems relevant. Each registered person shall pay an annual registration fee to be determined by the department which shall not exceed the actual administrative costs of the department and provide a bond or other security as described in subdivision (1) of subsection (b) of this section. If the department determines that a person registered with the department has not complied with the requirements of subsection (b) or (c) of this section, the department shall notify such person that [their] such person's registration expires on September thirtieth of that year and such person shall no longer be authorized to sell natural gas to an end user in the state.

Sec. 15. Section 17 of public act 03-140 is repealed and the following is substituted in lieu thereof (Effective from passage):

On or before January 1, 2004, and annually thereafter, the Connecticut Energy Advisory Board shall prepare a comprehensive energy plan based on existing reports and studies as to the need for new energy resources, new energy transmission facilities in the state and new energy conservation initiatives in the state. The board shall hold regional public hearings on the proposed plan and shall give at least thirty days' notice of each hearing by publication on the Internet websites of the agencies participating on the board. Notice of such hearing may be published in one or more newspapers having general circulation in each municipality as deemed necessary by the board. The notice shall state the date, time and place of the hearing, the subject matter of the hearing, the statutory authority for the plan and the location where a copy of the plan may be examined. Any person may comment on the proposed plan. The board shall provide a time period of not less than forty-five days from the date the notice is published on the Internet websites of the agencies participating on the board for review and comment. The board shall consider fully, after all public hearings, all written and oral comments respecting the proposed plan and shall mail to each person who commented or requested notification, notice of availability of the following documents at a designated location: The text of the final plan, a summary of the differences between the proposed and final plan and the reasons for such differences, and the principal considerations raised in opposition to the proposed plan and the reasons for rejecting any such considerations. The chairman of the board shall sign the final plan and shall submit it to the joint standing [committee] committees of the General Assembly having cognizance of matters relating to energy, the environment and transportation. Such plan shall reflect the legislative findings and policy stated in section 16a-35k, shall be consistent with the state plan of conservation and development adopted under chapter 297 and shall include, but not be limited to, (1) an assessment of current energy supplies, demand and costs; (2) an identification and evaluation of the factors likely to affect future energy supplies, demand and costs; (3) a statement of progress made toward long-term goals set in the previous report; (4) recommendations for decreasing dependency on fossil fuels by promoting energy conservation, solar and other alternative energy sources; (5) an assessment of the infrastructure of the state for natural gas and electric systems; (6) an evaluation of the impact of regional transmission infrastructure planning processes conducted by the regional independent system operator, as defined in section 16-1, as amended, on the state's environment, on energy market design, and on economic development in the state; (7) the consideration of alternative energy planning mechanisms and targets as an alternative to integrated resource planning; (8) a statement of energy policies and long-range energy planning objectives and strategies appropriate to achieve, among other things, the least-cost mix of energy supply sources and measures that reduce demand for energy, giving due regard to such factors as ratepayer impacts, security and diversity of fuel supplies and energy generating methods, protection of public health and safety, adverse or beneficial environmental impacts, conservation of energy and energy resources and the ability of the state to compete economically; and (9) recommendations for administrative and legislative actions to implement such policies, objectives and strategies.

Sec. 16. Subsection (d) of section 16a-37u of the general statutes, as amended by section 51 of public act 03-132, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The Secretary of the Office of Policy and Management shall require each state agency to maximize its use of public service companies' energy conservation and load management programs and to provide sites in its facilities for demonstration projects of highly energy efficient equipment, provided no such demonstration project [does not impair] impairs the functioning of the facility.

Sec. 17. Subsection (a) of section 16-245l of the general statutes, as amended by section 3 of public act 02-64 and section 8 of public act 03-135, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Department of Public Utility Control shall establish and each electric distribution company shall collect a systems benefits charge to be imposed against all end use customers of each electric distribution company beginning January 1, 2000. The department shall hold a hearing that shall be conducted as a contested case in accordance with chapter 54 to establish the amount of the systems benefits charge. The department may revise the systems benefits charge or any element of said charge as the need arises. The systems benefits charge shall be used to fund (1) the expenses of the public education outreach program developed under subsections (a), (f) and (g) of section 16-244d other than expenses for department staff, (2) the reasonable and proper expenses of the education outreach consultant pursuant to subsection (d) of section 16-244d, (3) the cost of hardship protection measures under sections 16-262c and 16-262d and other hardship protections, including but not limited to, electric service bill payment programs, funding and technical support for energy assistance, fuel bank and weatherization programs and weatherization services, (4) the payment program to offset tax losses described in section 12-94d, (5) any sums paid to a resource recovery authority pursuant to subsection (b) of section 16-243e, (6) low income conservation programs approved by the Department of Public Utility Control, (7) displaced worker protection costs, (8) unfunded storage and disposal costs for spent nuclear fuel generated before January 1, 2000, approved by the appropriate regulatory agencies, (9) postretirement safe shutdown and site protection costs that are incurred in preparation for decommissioning, (10) decommissioning fund contributions, (11) the costs of temporary electric generation facilities incurred pursuant to section 16-19ss, [and] (12) operating expenses for the Connecticut Energy Advisory Board, and (13) legal, appraisal and purchase costs of a conservation or land use restriction and other related costs as the department in its discretion deems appropriate, incurred by a municipality on or before January 1, 2000, to ensure the environmental, recreational and scenic preservation of any reservoir located within this state created by a pump storage hydroelectric generating facility. As used in this subsection, "displaced worker protection costs" means the reasonable costs incurred, prior to January 1, 2008, by an electric supplier, exempt wholesale generator, electric company, an operator of a nuclear power generating facility in this state or a generation entity or affiliate arising from the dislocation of any employee other than an officer, provided such dislocation is a result of restructuring of (A) the electric generation market and such dislocation occurs on or after July 1, 1998, or (B) the closing of a Title IV source or an exempt wholesale generator, as defined in 15 USC 79z-5a, on or after January 1, 2004, as a result of such source's failure to meet requirements imposed as a result of sections 22a-197 and 22a-198 and this section or those Regulations of Connecticut State Agencies adopted by the Department of Environmental Protection, as amended from time to time, in accordance with Executive Order Number 19, issued on May 17, 2000; and provided further such costs result from either the execution of agreements reached through collective bargaining for union employees or from the company's or entity's or affiliate's programs and policies for nonunion employees. "Displaced worker protection costs" includes costs incurred or projected for severance, retraining, early retirement, outplacement, coverage for surviving spouse insurance benefits and related expenses. "Displaced worker protection costs" does not include those costs included in determining a tax credit pursuant to section 12-217bb.

Sec. 18. (Effective from passage) Section 14 of public act 03-140 is repealed.

Approved on June 8, 2004