Substitute House Bill No. 6550
Substitute House Bill No. 6550
PUBLIC ACT NO. 97-69
AN ACT CONCERNING TRANSFERS OF WATER COMPANIES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 16-262n of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) As used in this section and sections
16-262o to 16-262q, inclusive, AND SECTION 2 OF
THIS ACT, "water company" means a corporation,
company, association, joint stock association,
partnership, municipality, 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 not less than two service connections or
twenty-five persons.
(b) The Department of Public Utility Control,
in consultation with the Department of Public
Health and the Department of 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 Department of
Public Utility Control 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
Department of Public Utility Control determines a
water company does not possess economic viability
pursuant to subsection (b) of this section, the
Department of Public Utility Control, the
Department of Public Health and, when its
participation is required, the Department of
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 [the most] 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.
Sec. 2. (NEW) In the case of a proposed
acquisition of a water company that is not
economically viable, as determined by the
Department of Public Utility Control in accordance
with the criteria provided in subsection (b) of
section 16-262n of the general statutes, by a
water company that is economically viable, as
determined by the department in accordance with
said criteria, upon petition of the acquiring
water company and after notice and hearing, the
department may allow the acquiring water company
to implement, and revise quarterly thereafter, a
rate surcharge applied to the rates of the
acquired water company or of both the acquiring
water company and the acquired water company, as
determined by the department, that would recover
on a current basis those costs of such acquisition
and of needed improvements to the acquired water
company's system, to the extent the department
deems such costs appropriate. The regulations
adopted by the department pursuant to section
16-262o of the general statutes shall apply for
purposes of this section.
Sec. 3. This act shall take effect July 1,
1997.
Approved May 27, 1997