Sec. 16-262e. Notice furnished tenants re intended termination of utility service. Assumption by tenants of liability for future service. Liability of landlords
for certain utility services. Deduction from rent. Access to meters. (a) Notwithstanding the provisions of section 16-262d, wherever an owner, agent, lessor or manager of
a residential dwelling is billed directly by an electric, electric distribution, gas, telephone
or water company or by a municipal utility for utility service furnished to such building
not occupied exclusively by such owner, agent, lessor, or manager, and such company
or municipal utility or the electric supplier providing electric generation services has
actual or constructive knowledge that the occupants of such dwelling are not the individuals to whom the company or municipal utility usually sends its bills, such company,
electric supplier or municipal utility shall not terminate such service for nonpayment
of a delinquent account owed to such company, electric supplier or municipal utility by
such owner, agent, lessor or manager unless: (1) Such company, electric supplier or
municipal utility makes a good faith effort to notify the occupants of such building of
the proposed termination by the means most practicable under the circumstances and
best designed to provide actual notice; and (2) such company, electric supplier or municipal utility provides an opportunity, where practicable, for such occupants to receive
service in their own names without any liability for the amount due while service was
billed directly to the lessor, owner, agent or manager and without the necessity for a
security deposit; provided, if it is not practicable for such occupants to receive service
in their own names, the company, electric supplier or municipal utility shall not terminate
service to such residential dwelling but may pursue the remedy provided in section
16-262f.
(b) Whenever a company, electric supplier or municipal utility has terminated service to a residential dwelling whose occupants are not the individuals to whom it usually
sends its bills, such company, electric supplier or municipal utility shall, upon obtaining
knowledge of such occupancy, immediately reinstate service and thereafter not effect
termination unless it first complies with the provisions of subsection (a) of this section.
(c) The owner, agent, lessor or manager of a residential dwelling shall be liable for
the costs of all electricity, gas, water or heating fuel furnished by a public service company, electric supplier, municipal utility or heating fuel dealer to the building, except
for any service furnished to any dwelling unit of the building on an individually metered
or billed basis for the exclusive use of the occupants of that dwelling unit, provided an
owner, agent, lessor or manager shall be liable for service provided on an individually
metered or billed basis pursuant to subsection (g) of this section from ten days after the
date of written request by the company, supplier, utility or dealer if the company, supplier, utility or dealer is denied access to its individual meters or other facilities located
on the premises of the building. Such owner, agent, lessor or manager shall only be
liable when such owner, agent, lessor or manager controls access to such individual
meters to which access is denied. If service is not provided on an individually metered
or billed basis and the owner, agent, lessor or manager fails to pay for such service, any
occupant who receives service in his own name may deduct, in accordance with the
provisions of subsection (d) of this section, a reasonable estimate of the cost of any
portion of such service which is for the use of occupants of dwelling units other than
such occupant's dwelling unit.
(d) Any payments made by the occupants of any residential dwelling pursuant to
subsection (a) or (c) of this section shall be deemed to be in lieu of an equal amount of
rent or payment for use and occupancy and each occupant shall be permitted to deduct
such amounts from any sum of rent or payment for use and occupancy due and owing
or to become due and owing to the owner, agent, lessor or manager.
(e) Wherever a company, electric supplier or municipal utility provides service
pursuant to subdivision (2) of subsection (a) of this section, the company, electric supplier or municipal utility shall notify each occupant of such building in writing that
service will be provided in the occupant's own name. Such writing shall contain a conspicuous notice in boldface type stating,
"NOTICE TO OCCUPANT. YOU MAY DEDUCT THE FULL AMOUNT YOU
PAY (name of company or municipal utility) FOR (type of service) FROM THE
MONEY YOU PAY YOUR LANDLORD OR HIS AGENT."
(f) The owner, agent, lessor or manager shall not increase the amount paid by such
occupant for rent or for use and occupancy in order to collect all or part of that amount
lawfully deducted by the occupant pursuant to this section.
(g) The owner, agent, lessor or manager of a residential dwelling shall be responsible
for providing a public service company, electric supplier or municipal utility or heating
fuel dealer access to its meter or other facilities located on the premises of the residential
dwelling promptly upon written request of the public service company, electric supplier
or municipal utility or heating fuel dealer during reasonable hours. If such owner, agent,
lessor or manager fails to provide such access upon reasonable written request, the
owner, agent, lessor or manager shall be liable for the costs incurred by the public service
company, electric supplier or municipal utility or heating fuel dealer in gaining access
to the meter and facilities, including costs of collection and attorneys' fees. If the failure
to provide access delays the ability of the public service company, electric supplier or
municipal utility or heating fuel dealer to terminate service to an individually metered
or billed portion of the dwelling, the owner, agent, lessor or manager failing to provide
access shall also be liable for the amounts billed by the public service company, electric
supplier or municipal utility or heating fuel dealer for service provided to the individually
metered or billed portion of the dwelling for the period beginning ten days after access
has been requested and ending when access is provided by such owner, agent, lessor or
manager.
(h) Nothing in this section shall be construed to prevent the company, electric supplier, municipal utility, heating fuel dealer or occupant from pursuing any other action
or remedy at law or equity that it may have against the owner, agent, lessor, or manager.
(P.A. 75-625, S. 3, 8; P.A. 84-321; P.A. 98-28, S. 40, 117; P.A. 09-31, S. 2.)
History: P.A. 84-321 inserted new Subsec. (c) re liability of landlords for electricity, gas, water and heating fuel not
furnished on an individually metered or billed basis, relettering former Subsecs. (c) through (f) accordingly; P.A. 98-28
added electric suppliers and electric distribution companies and made technical changes, effective July 1, 1998; P.A. 09-31 amended Subsec. (c) to provide for liability for individual service when access to meters is denied, made a technical
change in Subsec. (e), added new Subsec. (g) re access to meters, and redesignated existing Subsec. (g) as Subsec. (h),
effective July 1, 2009.
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Sec. 16-262m. Construction specifications for water companies. (a) As used
in this section and section 8-25a, "water company" means a corporation, company,
association, joint stock association, partnership, municipality, state agency, other entity
or person, or lessee thereof, owning, leasing, maintaining, operating, managing or controlling any pond, lake, reservoir, stream, well or distributing plant or system employed
for the purpose of supplying water to fifteen or more service connections or twenty-five or more persons for at least sixty days in any one year.
(b) No water company may begin the construction of a water supply system for the
purpose of supplying water to fifteen or more service connections or twenty-five or
more persons for at least sixty days in any one year, and no person or entity, except a water
company supplying more than two hundred fifty service connections or one thousand
persons, may begin expansion of such a water supply system, without having first obtained a certificate of public convenience and necessity.
(c) For systems serving twenty-five or more residents that are not the subject of
proceedings under subsection (c) of section 16-262n or section 16-262o, an application
for a certificate of public convenience and necessity shall be on a form prescribed by
the Department of Public Utility Control, in consultation with the Department of Public
Health, and accompanied by a copy of the applicant's construction or expansion plans,
a fee of one hundred dollars and when an exclusive service area provider has been
determined pursuant to section 25-33g, a copy of a signed ownership agreement between
the applicant and provider for the exclusive service area, as determined pursuant to
section 25-33g, detailing those terms and conditions under which the system will be
constructed or expanded and for which the provider will assume service and ownership
responsibilities. When an exclusive service area provider has been determined pursuant
to section 25-33g, the application shall also be accompanied by a written confirmation
from the exclusive service area provider, as the person that will own the water supply
system, that such exclusive service area provider has received the application and is
prepared to assume responsibility for the water supply system subject to the terms and
conditions of the ownership agreement. Written confirmation from the exclusive service
area provider shall be on a form prescribed by said departments. Said departments shall
issue a certificate to an applicant upon determining, to their satisfaction, that (1) no
interconnection is feasible with a water system owned by, or made available through
arrangement with, the provider for the exclusive service area, as determined pursuant
to section 25-33g or with another existing water system where no exclusive service area
has been assigned, (2) the applicant will complete the construction or expansion in
accordance with engineering standards established by regulation by the Department of
Public Utility Control for water supply systems, (3) ownership of the system will be
assigned to the provider for the exclusive service area, when an exclusive service area
provider has been determined pursuant to section 25-33g, (4) the proposed construction
or expansion will not result in a duplication of water service in the applicable service
area, (5) the applicant meets all federal and state standards for water supply systems,
and (6) the person that will own the water supply system has the financial, managerial
and technical resources to (A) operate the proposed water supply system in a reliable
and efficient manner, and (B) provide continuous adequate service to consumers served
by the water supply system. Any construction or expansion with respect to which a
certificate is required shall thereafter be built, maintained and operated in conformity
with the certificate and any terms, limitations or conditions contained therein.
(d) The Department of Public Utility Control and the Department of Public Health
shall each adopt regulations, in accordance with the provisions of chapter 54, to carry
out the purposes of subsections (a) to (c), inclusive, of this section.
(e) (1) For systems serving twenty-five or more persons, but not twenty-five or
more residents, at least sixty days in any one year an application for a certificate of
public convenience and necessity shall be on a form prescribed by the Department of
Public Health and accompanied by a copy of the construction or expansion plans. The
Department of Public Health shall issue a certificate to an applicant upon determining,
to its satisfaction, that (A) no interconnection is feasible with a water system owned by,
or made available through arrangement with, the provider for the exclusive service area,
as determined pursuant to section 25-33g or with another existing water system where
no existing exclusive service area has been assigned, (B) the applicant will complete
the construction or expansion in accordance with engineering standards established by
regulation for water supply systems, (C) ownership of the system will be assigned to
the provider for the exclusive service area, as determined pursuant to section 25-33g,
if agreeable to the exclusive service area provider and the Department of Public Health,
or may remain with the applicant, if agreeable to the Department of Public Health, until
such time as the water system for the exclusive service area, as determined by section
25-33g, has made an extension of the water main, after which the applicant shall obtain
service from the provider for the exclusive service area, (D) the proposed construction
or expansion will not result in a duplication of water service in the applicable service
area, (E) the applicant meets all federal and state standards for water supply systems,
and (F) the person that will own the water supply system has the financial, managerial
and technical resources to (i) operate the proposed water supply system in a reliable and
efficient manner, and (ii) provide continuous adequate service to consumers served by
the water supply system. Any construction or expansion with respect to which a certificate is required shall thereafter be built, maintained and operated in conformity with
the certificate and any terms, limitation or conditions contained therein. Properties held
by the Department of Environmental Protection and used for or in support of fish culture,
natural resource conservation or outdoor recreational purposes shall be exempt from
the requirements of subdivisions (1), (3) and (4) of subsection (c) of this section and
subparagraphs (A), (C) and (D) of subdivision (1) of subsection (e) of this section.
(2) The Department of Public Health shall adopt regulations, in accordance with
the provisions of chapter 54, to carry out the purposes of this subsection. Such regulations
may include measures that encourage water conservation and proper maintenance.
(P.A. 81-427, S. 1, 3; P.A. 84-330, S. 1; P.A. 86-247, S. 1, 2; P.A. 93-245; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A.
94-219, S. 3; P.A. 95-257, S. 12, 21, 58; P.A. 98-250, S. 22, 39; P.A. 07-244, S. 1; P.A. 09-220, S. 1.)
History: P.A. 84-330 amended Subsec. (a) to apply definition of water company "to sections 16-262n to 16-262q,
inclusive, and section 8-25a", to include municipalities in such definition and to expand the definition by including companies supplying water to not less than 15 service connections or 25 persons nor more than 250 service connections or 1,000
persons, amended Subsec. (b) to require, as a condition for issuing a certificate that determination be made that no feasible
interconnection with an existing system is available and that applicant meets all federal and state standards for community
water supply and amended Subsecs. (b) and (c) to require departments of public utility control and health services to jointly
carry out purposes of the section; P.A. 86-247 added provision in Subsec. (b) re certificate for a community water supply
system for an elderly housing project; P.A. 93-245 amended Subsec. (b) by deleting exception for elderly housing projects
and adding provisions regarding excepted community water supply systems and voluntarily transferring ownership of
community water supply systems; P.A. 93-381 and 93-435 replaced department of health services with department of
public health and addiction services, effective July 1, 1993; P.A. 94-219 made a technical change in Subsec. (a); P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department
of Public Health, effective July 1, 1995; P.A. 98-250 amended Subsec. (a) to delete "nor more than two hundred fifty
service connections or one thousand persons", amended Subsec. (b) to add exception re "a water company supplying more
than two hundred fifty service connections or one thousand persons" and delete reference to "community" water supply
systems, and made technical changes, effective July 1, 1998; P.A. 07-244 amended Subsec. (a) to redefine "water company"
to include state agencies and substitute "for at least sixty days in any one year" for "on a regular basis", amended Subsec.
(b) to limit its provisions to systems supplying water to 15 or more service connections or 25 or more persons, and to move
provisions re application for certificate of public convenience and necessity into newly designated Subsec. (c), added
provisions in new Subsec. (c) re agreement between water company and provider for exclusive service area, and factors
to be used by department in determining whether to issue certificate, redesignated existing Subsec. (c) as Subsec. (d) and
added Subsec. (e) specifying application requirements for systems serving 25 or more persons, but not 25 or more residents,
and requiring adoption of regulations pertaining to such systems; P.A. 09-220 amended Subsec. (c) by providing that
application for certificate of public convenience and necessity shall be accompanied by signed ownership agreement
between applicant and exclusive service area provider when such provider has been determined pursuant to Sec. 25-33g,
by requiring that, in applicable cases, application shall be accompanied by written confirmation from exclusive service
area provider confirming receipt of application and that such provider is prepared to assume responsibility for water supply
system, by revising criteria that departments consider when granting certificate of public convenience and necessity, by
specifying that Subdiv. (3) is applicable when exclusive service area provider has been determined, by adding Subdiv. (6)
re financial, managerial and technical resources required of owner of water system and by making conforming changes,
amended Subsec. (d) by making a technical change and amended Subsec. (e)(1)(C) by deleting language re financial,
managerial and technical resources required of owner of water system and redesignating such language as Subsec. (e)(1)(F).
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Sec. 16-262x. Termination of residential utility service. Requirements. (a) A
person seeking to terminate electric, gas, telecommunications or water service to a residential dwelling shall provide to the electric distribution, gas, telecommunications or
water company, electric supplier or municipal utility providing such service either (1)
identification, as defined in section 16-49e, (2) the password previously provided by
the customer of record for such service, (3) the customer code provided by the company,
supplier or utility, or (4) other reasonable identification method established by the company, supplier or utility sufficient to establish that the person authorizing the termination
is the customer of record or the customer's authorized representative. Such company,
supplier or utility shall not terminate service if the person does not provide such reasonable identification.
(b) If a person or entity, other than a customer of record or the customer's authorized
representative, seeks to terminate electric, gas, telecommunications or water service to
a residential dwelling, the company, supplier or utility shall not terminate service unless,
nine or more days prior to the requested termination date, the company, utility or supplier
sends a notification letter to the customer of record at the customer's last-known address.
(c) Notwithstanding the requirements of this section, an electric distribution, gas,
telecommunications or water company, electric supplier or municipal utility may terminate service at any time (1) upon request of a state or local fire or police authority, (2)
upon determination by the company, supplier or utility that failure to terminate the
service may adversely impact safety or the public health, or (3) upon the company's,
supplier's or utility's compliance with applicable statutes or Department of Public Utility Control regulations governing termination of service not requested by the customer.
(P.A. 09-31, S. 1.)
History: P.A. 09-31 effective July 1, 2009.
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