Substitute House Bill No. 6740

Public Act No. 99-286

An Act Making Technical Changes to Telecommunications Statutes and Authorizing Municipalities to Sell Compressed Natural Gas.

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

Section 1. Subsection (a) of section 16-1 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Terms used in this title and in chapters 244, 244a, 244b, 245, 245a and 245b* shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:

(1) "Authority" means the Public Utilities Control Authority and "department" means the Department of Public Utility Control;

(2) "Commissioner" means a member of said authority;

(3) "Commissioner of Transportation" means the Commissioner of Transportation appointed under section 13b-3;

(4) "Public service company" includes electric, electric distribution, gas, telephone, telegraph, pipeline, sewage, water and community antenna television companies, owning, leasing, maintaining, operating, managing or controlling plants or parts of plants or equipment, and all express companies having special privileges on railroads within this state, but shall not include telegraph company functions concerning intrastate money order service, towns, cities, boroughs, any municipal corporation or department thereof, whether separately incorporated or not, a private power producer, as defined in section 16-243b, or an exempt wholesale generator, as defined in 15 USC 79z-5a;

(5) "Plant" includes all real estate, buildings, tracks, pipes, mains, poles, wires and other fixed or stationary construction and equipment, wherever located, used in the conduct of the business of the company;

(6) "Railroad company" includes every [corporation, company, association, joint stock association, partnership or person, or lessee thereof,] person owning, leasing, maintaining, operating, managing or controlling any railroad, or any cars or other equipment employed thereon or in connection therewith, for public or general use within this state;

(7) "Street railway company" includes every [corporation, company, association, joint stock association, partnership or person, or lessee thereof,] person owning, leasing, maintaining, operating, managing or controlling any street railway, or any cars or other equipment employed thereon or in connection therewith, for public or general use within this state;

(8) "Electric company" includes, until an electric company has been unbundled in accordance with the provisions of section 16-244e, every [corporation, company, association, joint stock association, partnership or person, or lessee thereof,] person owning, leasing, maintaining, operating, managing or controlling poles, wires, conduits or other fixtures, along public highways or streets, for the transmission or distribution of electric current for sale for light, heat or power within this state, or, engaged in generating electricity to be so transmitted or distributed for such purpose, but shall not include (A) a private power producer, as defined in section 16-243b, (B) an exempt wholesale generator, as defined in 15 USC 79z-5a, (C) a municipal electric utility established under chapter 101, (D) a municipal electric energy cooperative established under chapter 101a, (E) an electric cooperative established under chapter 597, or (F) any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act;

(9) "Gas company" includes every [corporation, company, association, joint stock association, partnership or person, or lessee thereof,] person owning, leasing, maintaining, operating, managing or controlling mains, pipes or other fixtures, in public highways or streets, for the transmission or distribution of gas for sale for heat or power within this state, or engaged in the manufacture of gas to be so transmitted or distributed for such purpose, but shall not include a municipal gas utility established under chapter 101 or any other gas utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act;

(10) "Water company" includes every [corporation, company, association, joint stock association, partnership or person, or lessee thereof,] person 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 fifty or more consumers. A water company does not include homeowners, condominium associations providing water only to their members, homeowners associations providing water to customers at least eighty per cent of whom are members of such associations, a municipal waterworks system established under chapter 102, a district, metropolitan district, municipal district or special services district established under chapter 105, chapter 105a or any other general statute or any public or special act which is authorized to supply water, or any other waterworks system owned, leased, maintained, operated, managed [,] or controlled by any unit of local government under any general statute or any public or special act;

(11) "Consumer" means any private dwelling, boardinghouse, apartment, store, office building, institution, mechanical or manufacturing establishment or other place of business or industry to which water is supplied by a water company;

(12) "Sewage company" includes every [corporation, company, association, joint stock association, partnership or person, or lessee thereof,] person owning, leasing, maintaining, operating, managing or controlling, for general use in any town, city or borough, or portion thereof, in this state, sewage disposal facilities which discharge treated effluent into any waterway of this state;

(13) "Pipeline company" includes every [corporation, company, association, joint stock association, partnership or person, or lessee thereof,] person owning, leasing, maintaining, operating, managing or controlling mains, pipes or other fixtures through, over, across or under any public land, water, parkways, highways, parks or public grounds for the transportation, transmission or distribution of petroleum products for hire within this state;

(14) "Community antenna television company" includes every [corporation, company, association, joint stock association, partnership or person, or lessee thereof,] person owning, leasing, maintaining, operating, managing or controlling a community antenna television system, in, under or over any public street or highway, for the purpose of providing community antenna television service for hire and shall include any municipality which owns or operates one or more plants for the manufacture or distribution of electricity pursuant to section 7-213 or any special act and seeks to obtain or obtains a certificate of public convenience and necessity to construct or operate a community antenna television system pursuant to section 16-331;

(15) "Community antenna television service" means (1) the one-way transmission to subscribers of video programming or information that a community antenna television company makes available to all subscribers generally, and subscriber interaction, if any, which is required for the selection of such video programming or information and (2) noncable communications service;

(16) "Community antenna television system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide community antenna television service which includes video programming and which is provided in, under or over any public street or highway, for hire, to multiple subscribers within a franchise, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility is located in, under or over a public street or highway; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Subchapter II of Chapter 5 of the Communications Act of 1934, 47 USC 201 et seq., as amended, except that such facility shall be considered a community antenna television system and the carrier shall be considered a public service company to the extent such facility is used in the transmission of video programming directly to subscribers; or (4) a facility of an electric company which is used solely for operating its electric company systems;

(17) "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station;

(18) "Noncable communications service" means any telecommunications service, as defined in section 16-247a, and which is not included in the definition of "cable service" in the Communications Act of 1934, 47 USC 522, as amended. Nothing in this definition shall be construed to affect service which is both authorized and preempted pursuant to federal law;

(19) "Public service motor vehicle" includes all motor vehicles used for the transportation of passengers for hire;

(20) "Motor bus" includes any public service motor vehicle operated in whole or in part upon any street or highway, by indiscriminately receiving or discharging passengers, or operated on a regular route or over any portion thereof, or operated between fixed termini, and any public service motor vehicle operated over highways within this state between points outside this state or between points within this state and points outside this state;

(21) "Cogeneration technology" means the use for the generation of electricity of exhaust steam, waste steam, heat or resultant energy from an industrial, commercial or manufacturing plant or process, or the use of exhaust steam, waste steam or heat from a thermal power plant for an industrial, commercial or manufacturing plant or process, but shall not include steam or heat developed solely for electrical power generation;

(22) "Renewable fuel resources" means energy sources described in subdivisions (26) and (27) of this subsection;

(23) "Telephone company" means a telecommunications company that provides one or more noncompetitive or emerging competitive services, as defined in section 16-247a;

(24) "Domestic telephone company" includes any telephone company which has been chartered by or organized or constituted within or under the laws of this state;

(25) "Telecommunications company" means a [corporation, limited liability company, company, association, joint stock association, partnership or person, or a lessee thereof, which] person that provides telecommunications service, as defined in section 16-247a, within the state, but shall not mean a person [, firm, corporation, limited liability company, company, association, joint stock association or partnership, or a lessee thereof, which] that provides only (A) private telecommunications service, as defined in section 16-247a, (B) the one-way transmission of video programming or other programming services to subscribers, (C) subscriber interaction, if any, which is required for the selection of such video programming or other programming services, (D) the two-way transmission of educational or instructional programming to a public or private elementary or secondary school, or a public or independent institution of higher education, as required by the department pursuant to a community antenna television company franchise agreement, or provided pursuant to a contract with such a school or institution which contract has been filed with the department, or (E) a combination of the services set forth in subparagraphs (B) to (D), inclusive, of this subdivision;

(26) "Class I renewable energy source" means energy derived from solar power, [;] wind power, [;] a fuel cell, [;] methane gas from landfills, [;] or a biomass facility, provided such facility begins operating on or after July 1, 1998, and such biomass is cultivated and harvested in a sustainable manner;

(27) "Class II renewable energy source" means energy derived from a trash-to-energy facility, [;] or a biomass facility that does not meet the criteria for a class I renewable energy source or a hydropower facility, provided such facility has a license issued by the Federal Energy Regulatory Commission, has been exempted from such licensure, is the subject of a license application or notice of intent to seek a license from said commission, has been found by the Commissioner of Environmental Protection to be operating in compliance with the federal Clean Water Act, or has been found by the Canadian environmental assessment agency to be operating in compliance with said agency's resource objectives;

(28) "Electric distribution services" means the owning, leasing, maintaining, operating, managing or controlling of poles, wires, conduits or other fixtures along public highways or streets [,] for the distribution of electricity, or electric distribution-related services;

(29) "Electric distribution company" or "distribution company" means any person providing electric transmission or distribution services within the state, including an electric company, subject to subparagraph (F) of this subdivision, but does not include: (A) A private power producer, as defined in section 16-243b; (B) a municipal electric utility established under chapter 101, other than a participating municipal electric utility; (C) a municipal electric energy cooperative established under chapter 101a; (D) an electric cooperative established under chapter 597; (E) any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or special act; (F) after an electric company has been unbundled in accordance with the provisions of section 16-244e, a generation entity or affiliate of the former electric company; or (G) an electric supplier;

(30) "Electric supplier" means any person, including an electric aggregator or participating municipal electric utility that is licensed by the Department of Public Utility Control in accordance with section 16-245, that provides electric generation services to end use customers in the state using the transmission or distribution facilities of an electric distribution company, regardless of whether or not such person takes title to such generation services, but does not include: (A) A municipal electric utility established under chapter 101, other than a participating municipal electric utility; (B) a municipal electric energy cooperative established under chapter 101a; (C) an electric cooperative established under chapter 597; (D) any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or special act; or (E) an electric distribution company in its provision of electric generation services in accordance with subsection (a) or, prior to January 1, 2004, subsection (c) of section 16-244c;

(31) "Electric aggregator" means (A) a person or a municipality that gathers together electric customers for the purpose of negotiating the purchase of electric generation services from an electric supplier or (B) the Connecticut Resources Recovery Authority, if it gathers together electric customers for the purpose of negotiating the purchase of electric generation services from an electric supplier, provided such person, municipality or authority is not engaged in the purchase or resale of electric generation services, and provided further such customers contract for electric generation services directly with an electric supplier, and may include an electric cooperative established pursuant to chapter 597;

(32) "Electric generation services" means electric energy, electric capacity or generation-related services;

(33) "Electric transmission services" means electric transmission or transmission-related services;

(34) "Generation entity or affiliate" means a corporate affiliate or, as provided in subdivision (3) of subsection (a) of section 16-244e, a separate division of an electric company after unbundling has occurred pursuant to section 16-244e, that provides electric generation services;

(35) "Participating municipal electric utility" means a municipal electric utility established under chapter 101 or any other electric utility owned, leased, maintained, operated, managed or controlled by any unit of local government under any general statute or any public or special act, that is authorized by the department in accordance with section 16-245c to provide electric generation services to end use customers outside its service area, as defined in section 16-245c;

(36) "Person" means an individual, business, firm, corporation, association, joint stock association, trust, partnership or limited liability company; [and]

(37) "Regional independent system operator" means the "ISO - New England, Inc.", or its successor organization as approved by the Federal Energy Regulatory Commission; and

(38) "Certified telecommunications provider" means a person certified by the department to provide intrastate telecommunications services, as defined in section 16-247a, pursuant to sections 16-247f to 16-247h, inclusive.

Sec. 2. Section 16-247l of the general statutes is repealed and the following is substituted in lieu thereof:

(a) As used in this section, [:]

[(1) "Occupied building"] "occupied building" means a building or a part of a building which is rented, leased, hired out, arranged or designed to be occupied, or is occupied [(A)] (1) as the home or residence of three or more families living independently of each other, [(B)] (2) as the place of business of three or more persons, firms or corporations conducting business independently of each other, or [(C)] (3) by any combination of such families and such persons, firms or corporations totaling three or more, and includes trailer parks, mobile manufactured home parks, nursing homes, hospitals and condominium associations.

[(2) "Telecommunications provider" means a person, firm or corporation certified to provide intrastate telecommunications services pursuant to sections 16-247f to 16-247h, inclusive.]

(b) No owner of an occupied building shall demand or accept payment, in any form, except as provided in subsection (f) of this section, in exchange for permitting a certified telecommunications provider on or within his property or premises, or discriminate in rental charges or the provision of service between tenants who receive such service and those who do not, or those who receive such service from different certified telecommunications providers, provided such owner shall not be required to bear any cost for the installation or provision of such service.

(c) An owner of an occupied building shall permit wiring to provide telecommunications service by a certified telecommunications provider in such building provided: (1) A tenant of such building requests services from that certified telecommunications provider; (2) the entire cost of such wiring is assumed by that certified telecommunications provider; (3) the certified telecommunications provider indemnifies and holds harmless the owner for any damages caused by such wiring; and (4) the certified telecommunications provider complies with all [rules and] regulations of the Department of Public Utility Control pertaining to such wiring. The department shall adopt regulations, in accordance with the provisions of chapter 54, which shall set forth terms which may be included, and terms which shall not be included, in any contract to be entered into by an owner of an occupied building and a certified telecommunications provider concerning such wiring. No certified telecommunications provider shall present to an owner of an occupied building for review or for signature such a contract which contains a term prohibited from inclusion in such a contract by regulations adopted hereunder. The owner of an occupied building may require such wiring to be installed when the owner is present and may approve or deny the location at which such wiring enters such building.

(d) Prior to completion of construction of an occupied building, an owner of such a building in the process of construction shall permit prewiring to provide telecommunications services in such building provided: [that:] (1) The certified telecommunications provider complies with all the provisions of subdivisions (2), (3) and (4) of subsection (c) of this section and subsection (f) of this section; and (2) all wiring other than that to be directly connected to the equipment of a telecommunications service customer shall be concealed within the walls of such building.

(e) No certified telecommunications provider may enter into any agreement with the owner or lessee of, or person controlling or managing, an occupied building serviced by such provider, or commit or permit any act, that would have the effect, directly or indirectly, of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of the services of other certified telecommunications providers.

(f) The department shall adopt regulations in accordance with the provisions of chapter 54 authorizing certified telecommunications providers, upon application by the owner of an occupied building and approval by the department, to reasonably compensate the owner for any taking of property associated with the installation of wiring and ancillary facilities for the provision of telecommunications service. The regulations may include, without limitation:

(1) Establishment of a procedure under which owners may petition the department for additional compensation;

(2) Authorization for owners and certified telecommunications providers to negotiate settlement agreements regarding the amount of such compensation, which agreements shall be subject to the department's approval;

(3) Establishment of criteria for determining any additional compensation that may be due;

(4) Establishment of a schedule or schedules of such compensation under specified circumstances; and

(5) Establishment of application fees, or a schedule of fees, for applications under this subsection.

(g) Nothing in subsection (f) of this section shall preclude a certified telecommunications provider from installing telecommunications equipment or facilities in an occupied building prior to the department's determination of reasonable compensation.

(h) Any determination by the department under subsection (f) regarding the amount of compensation to which an owner is entitled or approval of a settlement agreement may be appealed by an aggrieved party in accordance with the provisions of section 4-183.

(i) Any person [, firm or corporation] which the Department of Public Utility Control determines, after notice and opportunity for a hearing as provided in section 16-41, has failed to comply with any provision of subsections (b) to (e), inclusive, of this section shall pay to the state a civil penalty of not more than one thousand dollars for each day following the issuance of a final order by the department pursuant to section 16-41 that the person [, firm or corporation] fails to comply with said subsections.

Sec. 3. Subsection (k) of section 16-2 of the general statutes is repealed and the following is substituted in lieu thereof:

(k) No commissioner of the authority shall, for a period of one year following the termination of his or her service as a 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 [person, firm or corporation certified by the Department of Public Utility Control to provide intrastate telecommunications services pursuant to sections 16-247f to 16-247h, inclusive,] 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 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 commissioner.

Sec. 4. Section 16-2a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall continue to be an independent Office of Consumer Counsel, within the Department of Public Utility Control for administrative purposes only, to act as the advocate for consumer interests in all matters which may affect Connecticut consumers with respect to public service companies, electric suppliers and [persons, firms and corporations certified, or seeking to be certified, to provide intrastate telecommunications service pursuant to sections 16-247f to 16-247h, inclusive] certified telecommunications providers. The Office of Consumer Counsel is authorized to appear in and participate in any regulatory or judicial proceedings, federal or state, in which such interests of Connecticut consumers may be involved, or in which matters affecting utility services rendered or to be rendered in this state may be involved. The Office of Consumer Counsel shall be a party to each contested case before the Department of Public Utility Control and shall participate in such proceedings to the extent it deems necessary. Said Office of Consumer Counsel may appeal from a decision, order or authorization in any such state regulatory proceeding notwithstanding its failure to appear or participate in said proceeding.

(b) Except as prohibited by the provisions of section 4-181, the Office of Consumer Counsel shall have access to the records of the Public Utilities Control Authority and the Department of Public Utility Control, shall be entitled to call upon the assistance of the authority's and the department's experts, and shall have the benefit of all other facilities or information of the authority or department in carrying out the duties of the Office of Consumer Counsel, except for such internal documents, information or data as are not available to parties to the authority's proceedings. The department shall provide such space as necessary within the department's quarters for the operation of the Office of Consumer Counsel, and the department shall be empowered to set regulations providing for adequate compensation for the provision of such office space.

(c) The Office of Consumer Counsel shall be under the direction of a Consumer Counsel, who shall be appointed by the Governor with the advice and consent of either house of the General Assembly. The Consumer Counsel shall be an elector of this state and shall have demonstrated a strong commitment and involvement in efforts to safeguard the rights of the public. The Consumer Counsel shall serve for a term of five years unless removed pursuant to section 16-5. The salary of the Consumer Counsel shall be equal to that established for management pay plan salary group seventy by the Commissioner of Administrative Services. No Consumer Counsel shall, for a period of one year following the termination of his or her service as Consumer Counsel, accept employment by [(1)] a public service company, [(2) a person, firm or corporation certified by the Department of Public Utility Control to provide intrastate telecommunications services pursuant to sections 16-247f to 16-247h, inclusive,] a certified telecommunications provider or [(3)] an electric supplier. No Consumer Counsel who is also an attorney shall in any capacity, appear or participate in any matter, or accept any compensation regarding a matter, before the Public Utilities Control Authority, for a period of one year following the termination of his or her service as Consumer Counsel.

(d) The Consumer Counsel shall hire such staff as he deems necessary to perform the duties of said Office of Consumer Counsel and may employ from time to time outside consultants knowledgeable in the utility regulation field including, but not limited to, economists, capital cost experts and rate design experts. The salaries and qualifications of the individuals so hired shall be determined by the Commissioner of Administrative Services pursuant to section 4-40.

(e) Nothing in this section shall be construed to prevent any party interested in such proceeding or action from appearing in person or from being represented by counsel therein.

(f) As used in this section, "consumer" means any person, [company, limited liability company, corporation, association,] city, borough or town, that receives service from any public service company, electric supplier or from any [person, firm or corporation certified to provide intrastate telecommunications service pursuant to sections 16-247f to 16-247h, inclusive,] certified telecommunications provider in this state whether or not such person, company, limited liability company, corporation, association, city, borough or town is financially responsible for such service.

(g) The Office of Consumer Counsel shall not be required to post a bond as a condition to presenting an appeal from any state regulatory decision, order or authorization.

(h) The expenses of the Office of Consumer Counsel shall be assessed in accordance with the provisions of section 16-49.

Sec. 5. Section 16-4 of the general statutes is repealed and the following is substituted in lieu thereof:

No officer, employee, attorney or agent of any public service company, of any [person, firm or corporation certified by the Department of Public Utility Control to provide intrastate telecommunications services pursuant to sections 16-247f to 16-247h, inclusive,] certified telecommunications provider or of any electric supplier shall be a member of the Public Utilities Control Authority or an employee of the Department of Public Utility Control.

Sec. 6. Section 16-18 of the general statutes is repealed and the following is substituted in lieu thereof:

The Department of Public Utility Control shall have power, after notice to the companies interested and public hearing, to require any public service company or [person, firm or corporation certified to provide intrastate telecommunications service pursuant to sections 16-247f to 16-247h, inclusive,] certified telecommunications provider maintaining a line or lines of poles and wires in this state to change the location of such poles and wires in the public highways whenever public convenience or necessity requires such change and, if two or more companies, persons, firms or corporations are using or maintaining lines of poles or wires in the same street, to require the wires of such companies, persons, firms and corporations to be strung upon one or more lines of poles to be owned and maintained by the companies, persons, firms or corporations using the same as said department determines.

Sec. 7. Subsection (a) of section 16-18a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) In the performance of their duties the Department of Public Utility Control and the Office of Consumer Counsel may retain consultants to assist their staff in proceedings before the department by providing expertise in areas in which staff expertise does not currently exist or when necessary to supplement existing staff expertise. In any case where the department or Office of Consumer Counsel determines that the services of a consultant are necessary or desirable, the department shall (1) allow opportunity for the parties and participants to the proceeding for which the services of a consultant are being considered to comment regarding the necessity or desirability of such services, (2) upon the request of a party or participant to the proceeding for which the services of a consultant are being considered, hold a hearing, and (3) limit the reasonable and proper expenses for such services to not more than two hundred thousand dollars for each agency per proceeding involving a public service company, telecommunications company, electric supplier [, as defined in section 16-1, person, firm or corporation seeking certification to provide telecommunications service] or person seeking certification to provide telecommunications services pursuant to chapter 283, with more than fifteen thousand customers, and to not more than fifty thousand dollars for each agency per proceeding involving such a company, electric supplier [, person, firm or corporation] or person with less than fifteen thousand customers, provided the department or the Office of Consumer Counsel may exceed such limits for good cause. In the case of multiple proceedings conducted to implement the provisions of this section and sections 16-1, 16-19, 16-19e, 16-22, 16-247a to 16-247c, inclusive, 16-247e to 16-247i, inclusive, 16-247k and subsection (e) of 16-331, the department or the Office of Consumer Counsel may exceed such limits, but the total amount for all such proceedings shall not exceed the aggregate amount which would be available pursuant to this section. All reasonable and proper expenses, as defined in subdivision (3) of this section, shall be borne by the affected company, electric supplier [, person, firm or corporation] or person and shall be paid by such company, electric supplier [, person, firm or corporation] or person at such times and in such manner as the department or the Office of Consumer Counsel directs. All reasonable and proper costs and expenses, as defined in subdivision (3) of this section, shall be recognized by the department for all purposes as proper business expenses of the affected company, electric supplier [, person, firm or corporation] or person. The providers of consultant services shall be selected by the department or the Office of Consumer Counsel and shall submit written findings and recommendations to the department or the Office of Consumer Counsel, as the case may be, which shall be made part of the public record.

Sec. 8. Subsection (a) of section 16-50i of the general statutes is repealed and the following is substituted in lieu thereof:

(a) "Facility" means: (1) An electric transmission line of a design capacity of sixty-nine kilovolts or more, including associated equipment but not including a transmission line tap, as defined in subsection (e) of this section; (2) a fuel transmission facility, except a gas transmission line having a design capability of less than two hundred pounds per square inch gauge pressure; (3) any electric generating or storage facility using any fuel, including nuclear materials, including associated equipment for furnishing electricity but not including an emergency generating device, as defined in subsection (f) of this section or a facility (i) owned and operated by a private power producer, as defined in section 16-243b, (ii) which is a qualifying small power production facility or a qualifying cogeneration facility under the Public Utility Regulatory Policies Act of 1978, as amended, or a facility determined by the council to be primarily for a producer's own use and (iii) which has, in the case of a facility utilizing renewable energy sources, a generating capacity of one megawatt of electricity or less and, in the case of a facility utilizing cogeneration technology, a generating capacity of twenty-five megawatts of electricity or less; (4) any electric substation or switchyard designed to change or regulate the voltage of electricity at sixty-nine kilovolts or more or to connect two or more electric circuits at such voltage, which substation or switchyard may have a substantial adverse environmental effect, as determined by the council established under section 16-50j, and other facilities which may have a substantial adverse environmental effect as the council may, by regulation, prescribe; (5) such community antenna television towers and head-end structures, including associated equipment, which may have a substantial adverse environmental effect, as said council shall, by regulation, prescribe; and (6) such telecommunication towers, including associated telecommunications equipment, owned or operated by the state, a public service company [, as defined in section 16-1, or a person, firm or corporation certified by the Department of Public Utility Control to provide intrastate telecommunications services pursuant to sections 16-247f to 16-247h, inclusive,] or a certified telecommunications provider or used in a cellular system, as defined in the Code of Federal Regulations Title 47, Part 22, as amended, which may have a substantial adverse environmental effect, as said council shall, by regulation, prescribe.

Sec. 9. Section 16-256 of the general statutes is repealed and the following is substituted in lieu thereof:

Every telephone directory distributed to the members of the general public in this state or in any portion thereof which lists the calling numbers of telephones of any telephone exchange located in this state shall contain a notice which explains the offense provided for in section 53-210, such notice to be printed in type which is not smaller than any other type on the same page and to be preceded by the word "warning" printed in type at least as large as the largest type on the same page; provided the provisions of this section shall not apply to those directories distributed solely for business advertising purposes, commonly known as classified directories. Any person [, firm or corporation providing telephone service which] that distributes or causes to be distributed in this state copies of a telephone directory, subject to the provisions of this section, which do not contain the notice herein provided shall be fined not more than fifty dollars.

Sec. 10. Section 16-256b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each telephone company and each [person, firm or corporation certified to provide intrastate telecommunications service pursuant to sections 16-247f to 16-247h, inclusive, which] certified telecommunications provider that makes equipment available to customers shall make special telecommunications equipment capable of serving the needs of deaf and hearing and speech impaired persons available for rental or purchase and be responsible for the maintenance and repair of any such equipment it leases or sells.

(b) (1) Each domestic telephone company [, as defined in section 16-1,] having at least one hundred thousand customers shall pay into a Special Telecommunications Equipment Fund twenty thousand dollars not later than July 1, 1992. The fund shall be administered by the Commission on the Deaf and Hearing Impaired. The Department of Public Utility Control shall include all payments made by a company into such a fund as operating expenses of the company for purposes of rate-making under section 16-19.

(2) Except for the funding specified in subdivision (1) of this subsection, the State Commission on the Deaf and Hearing Impaired may draw on funds obtained through agreements between the state and domestic telephone companies [, as defined in section 16-1,] in accordance with a plan developed, after notice and hearing, by the commission not later than January first, annually, and approved by the joint standing committee of the General Assembly having cognizance of matters relating to public utilities. The plan shall provide for the distribution of moneys from the funds to deaf and hearing and speech impaired persons for the purchase, upgrading, rental, maintenance and repair of special telecommunications equipment capable of serving the needs of such persons or to vendors providing such equipment or servicing. The plan may also provide for the distribution of moneys from the funds for the provision of message relay services for persons using telecommunication devices for the deaf, upon a determination by the commission that such moneys are needed to ensure that such services are made available to such persons and that there are adequate moneys in the funds for special telecommunications equipment purposes. The plan shall provide that not more than ten per cent of the moneys annually paid into the fund shall be allocated to the commission to carry out its administrative responsibilities under this subdivision and not more than five per cent of the moneys annually paid by a telephone company into the fund shall be allocated to such corporation to carry out its responsibilities under subdivision (1) of this subsection. All moneys allocated to the commission shall be paid to the State Treasurer for deposit in the General Fund.

(3) The Commission on the Deaf and Hearing Impaired shall, not later than March first, annually, submit a written financial report on the fund it administers under subdivision (2) of this section to the General Assembly and the Auditors of Public Accounts. Such report shall include a balance sheet and income and expense statement for the preceding calendar year, clearly setting forth the fund's income and expenses and all amounts spent for the direct purpose of the fund.

(c) (1) [Not later than January 1, 1994, each telephone company, as defined in section 16-1, and not later than January 1, 1995,] Each telephone company and each [person, firm or corporation certified to provide intrastate telecommunications service pursuant to sections 16-247f to 16-247h, inclusive,] certified telecommunications provider shall, in consultation with the Commission on the Deaf and Hearing Impaired, prepare and submit to the Department of Public Utility Control and the joint standing committee of the General Assembly having cognizance of matters relating to public utilities a plan which shall provide that, to the extent possible, (A) not less than eighty per cent of the coin and coinless telephones installed for public use by the telephone company [, person, firm or corporation for public use] or certified telecommunications provider shall be equipped, not later than July 1, 1995, with controls for the amplification of incoming transmissions and not less than eighty per cent of the coin and coinless telephones installed for public use by the telephone company [, persons, firm or corporation for public use] or certified telecommunications provider after July 1, 1995, shall be equipped with such controls, and (B) not less than fifty per cent of the coin and coinless telephones installed for semipublic use by the telephone company [, person, firm or corporation for semipublic use pursuant to tariffs] or certified telecommunications provider pursuant to tariffs shall be equipped, not later than July 1, 1995, with such controls and not less than fifty per cent of the coin and coinless telephones installed for semipublic use by the telephone company [, person, firm or corporation for semipublic use pursuant to tariffs] or certified telecommunications provider pursuant to tariffs after July 1, 1995, shall be equipped with such controls.

(2) Not later than July [1, 1994, and annually thereafter, each such company, and, not later than July 1, 1995, and annually thereafter, each such person, firm or corporation,] first, annually, each such telephone company and each such certified telecommunications provider shall submit a report to said commission, department and joint standing committee on the implementation of the plan prepared under subdivision (1) of this subsection, provided, if a telephone company [, person, firm or corporation] or a certified telecommunications provider documents in any such report that it has fully complied with the provisions of subdivision (1) of this subsection, it shall not be required to submit additional annual reports.

(3) The cost of compliance with the provisions of this subsection shall be recoverable from ratepayers through the overall rate structure approved by the Department of Public Utility Control.

(d) Not less than eighty per cent of the coin and coinless telephones installed for public use on or after July 1, 1993, by any person, [firm or corporation, except (1)] other than a telephone company or [(2) a person, firm or corporation certified to provide intrastate telecommunications service pursuant to sections 16-247f to 16-247h, inclusive,] a certified telecommunications provider shall be equipped with such amplification controls at the time the telephones are installed.

Sec. 11. Section 16-256e of the general statutes is repealed and the following is substituted in lieu thereof:

No person [, firm or corporation] may use any device which transmits an unsolicited recorded telephone message for any commercial, business or advertising purpose to any telephone customer in the state and which continues the call and message after the customer hangs up the receiver. Any person [, firm or corporation] violating the provisions of this section shall be fined not more than five hundred dollars.

Sec. 12. Section 16-256f of the general statutes is repealed and the following is substituted in lieu thereof:

Each telephone company [, as defined in section 16-1,] and each [person, firm or corporation certified to provide intrastate telecommunications service pursuant to sections 16-247f to 16-247h, inclusive,] certified telecommunications provider may make blocking service available to its customers and may charge the customer for providing such service.

Sec. 13. Subsection (b) of section 16-256g of the general statutes is repealed and the following is substituted in lieu thereof:

(b) [On and after June 1, 1997, each] Each telephone or telecommunications company providing local telephone service and each provider of commercial mobile radio service shall assess against each subscriber, the fee established by the department pursuant to subsection (a) of this section, which shall be deposited in the Enhanced 9-1-1 Telecommunications Fund.

Sec. 14. Section 16-259a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No electric, electric distribution, gas or water company [, as defined in section 16-1,] or electric supplier, which inaccurately bills a retail customer for service may bill or otherwise hold the customer financially liable for more than one year after the customer receives such service, unless the customer, either alone or with an individual other than an employee of the company, by an affirmative act, is responsible for the inaccurate billing or fails to provide for reasonable access to the premises where the company's meter is located by an employee of the company during business hours for the purpose of reading the meter.

(b) Any such electric, electric distribution, gas or water company or electric supplier which inaccurately bills a retail customer for service may bill or otherwise hold the customer financially liable for not more than one year after the customer receives such service, unless a delayed bill for the service (1) would deprive the customer of the opportunity to apply for or receive energy assistance or (2) is the result of the customer's meter erroneously registering another customer's consumption, in which case the company may not bill or otherwise hold the customer liable for the service provided to another customer.

(c) No telephone company or [person, firm or corporation certified to provide intrastate telecommunications services pursuant to sections 16-247f to 16-247h, inclusive, which] certified telecommunications provider that inaccurately bills a retail customer for service may bill or otherwise hold the customer financially liable for more than two years or the time provided in federal law, whichever is longer, after the customer receives such service, unless the customer, either alone or with a person other than an employee of the telephone company [, person, firm or corporation,] or certified telecommunications provider by an affirmative act, is responsible for the inaccurate billing.

(d) Any company, electric supplier [, person, firm or corporation] or certified telecommunications provider that holds a customer financially liable under subsection (a), (b) or (c) of this section shall establish a payment plan which prorates all arrearages for service the customer owes over a period of time that is no shorter than the period for which the customer is being held financially liable by such company, electric supplier [, person, firm or corporation] or certified telecommunications provider. The payment plan shall provide that no payment charged to a customer under such plan shall exceed fifty per cent of the average amount that the company charged such customer for each billing period over the previous twelve-month period for services received during that period. Notwithstanding the provisions of this subsection, a company, electric supplier [, person, firm or corporation] or certified telecommunications provider may require immediate payment of the full amount due under subsection (a), (b) or (c) of this section if such customer fails to make timely payments in accordance with the payment plan established by such company, [person, firm or corporation] electric supplier or certified telecommunications provider.

Sec. 15. Subsection (b) of section 7-233ii of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Any municipality seeking to exercise the authority granted by this section shall be subject to all certification requirements imposed by statute or order of the Department of Public Utility Control upon [persons, firms or corporations certified to provide intrastate telecommunications services pursuant to section 16-247g] certified telecommunications providers, as defined in section 16-1.

Sec. 16. Subsection (b) of section 42-126b of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Any person, firm, partnership, association or corporation that sells or offers to sell any products or services pursuant to a trial offer shall provide the recipient of such products or services with clear and conspicuous written notice that the recipient may cancel such products or services upon the expiration of such trial offer. Such notice shall include the procedure for such cancellation and shall be provided with any written promotional material for such products or services furnished to the recipient before the start of the trial offer or with the initial delivery of such products or services to the recipient. Any such products or services furnished to the recipient after the expiration of such trial offer, where such trial offer is cancelled or not otherwise renewed or continued by the recipient, shall be deemed an unconditional gift under subsection (a) of this section. The provisions of this subsection shall not apply to (1) any trial offer provided by a public service company, as defined in section 16-1, an affiliate or subsidiary of such public service company, or any [person, firm or corporation certified to provide intrastate telecommunications services under section 16-247g] certified telecommunications provider, as defined in section 16-1, to any consumer with whom such public service company, affiliate or subsidiary, or [person, firm or corporation] certified telecommunications provider has an established and ongoing business relationship, provided such public service company, affiliate or subsidiary, or [person, firm or corporation] certified telecommunications provider shall inform such consumer of the procedure to cancel such trial offer, and (2) any transaction involving the use of a negative option plan that is governed by 16 CFR Part 425.

Sec. 17. (NEW) (a) Any municipality that maintains an electric or gas utility may establish a corporation under chapter 601 of the general statutes for the purposes of engaging in the manufacture, distribution, purchase or sale, or any combination thereof, of compressed natural gas, for the sole purpose of providing compressed natural gas to vehicles or construction equipment, within or outside of its franchise area. The costs and expenses associated with such sales of compressed natural gas shall be exclusive of the costs and expenses associated with the establishment of rates and charges for gas and electricity pursuant to section 7-222 of the general statues.

(b) Any such municipality may exercise the authority provided for in subsection (a) of this section notwithstanding the provisions of any special act, municipal charter or home rule ordinance, upon approval of its chief executive officer and by adoption of an ordinance approved by a two-thirds vote of its city council.

Sec. 18. Subsection (a) of section 7-222 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The price to be charged to persons or corporations for gas or electricity shall be fixed and shall not be changed more often than once in three months. Any change shall take effect on the first day of the month, and the new price adopted shall, before the change takes effect, be advertised at least one month in some newspaper published in the municipality where the plant is located and, if none is published therein, in some newspaper published in the county where the plant is situated. Such price shall be fixed on a basis of not less than a net profit per year of five per cent on the cost of the investment in plant made by the municipality and also depreciation of the plant at not less than five per cent per annum of its cost, and the price shall not be greater than to allow a net profit of eight per cent per annum to the municipality on such cost. In fixing such basis on which to establish the price to be charged to persons and corporations, the gas and electricity used by the municipality shall be charged to it at cost. A sufficient deposit to cover the payment for gas or electricity for three months may be required in advance from any taker, and the supply may be shut off from any premises until all arrearages for gas or electricity furnished thereon are paid. After three months' default in payment of such arrearages, all appliances for distribution on such premises belonging to the municipality may be removed and after such removal shall not be restored, except on payment of all such arrearages and a sufficient sum to cover all expenses incurred by the removal and restoration, with the penalty which the municipality may impose in such cases.

(b) The provisions of this section shall not apply to the sale of compressed natural gas.

Sec. 19. This act shall take effect from its passage.

Approved July 19, 1999

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