(As Amended by Senate Amendment Schedule "A")

"AN ACT CONCERNING ADVERTISING BY OCCUPATIONAL LICENSE HOLDERS. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 16a-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) No person, firm or corporation shall sell at retail fuel oil or propane gas to be used for residential heating without a written contract with the purchaser that contains all the terms and conditions for delivery of such retail fuel oil or propane gas and the amount of fees, charges or penalties, including tank removal and inspection fees, minimum usage fees, liquidated damages and hazardous materials fees assessed to the purchaser under such contract and without placing the unit price, clearly indicated as such, the total number of units sold and the amount of any delivery surcharge in a conspicuous place on the delivery ticket given to the purchaser or an agent of the purchaser at the time of delivery. No person, firm or corporation may bill or otherwise attempt to collect from any purchaser of retail fuel oil or propane gas an amount which exceeds the unit price multiplied by the total number of units stated on the delivery ticket, plus the amount of any delivery surcharge stated on the ticket. For the purpose of this section, unit price means the price per gallon computed to the nearest tenth of a whole cent. Any written contract required by this section shall be in plain language pursuant to section 42-152 and any fee, charge or penalty disclosed in such contract shall be in twelve-point, boldface type of uniform font. The requirement that any contract be in writing as set forth in this section may be satisfied pursuant to the provisions of (1) the Connecticut Uniform Electronic Transactions Act, sections 1-266 to 1-286, inclusive, (2) sections 42a-7-101 to 42a-7-106, inclusive, and (3) the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq. Except as provided in subsection (e) of this section, verbal telephonic communications shall not satisfy the writing requirement of this section. The requirement that any contract be in writing as set forth in this section shall not apply to any retail fuel oil or propane gas contract where no fee, charge or penalty is assessed, except for the unit price of the retail fuel oil or propane gas delivered to a purchaser and any surcharge authorized under section 16a-22b, as amended by this act. No contract for the delivery of retail fuel oil or propane gas under this section shall include a provision for liquidated damages for a purchaser breach of such contract where the liquidated damages exceeds the actual damages to the retail fuel oil or propane gas retailer caused by such breach.

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

(c) The provisions of this section shall not apply to any existing purchaser of a person, firm or corporation selling retail fuel oil or propane gas on October 1, 2008, who has a valid written contract on said date.

(d) The provisions of this section shall not apply to customers of a person, firm or corporation selling retail fuel oil or propane gas as of October 1, 2008, who do not have valid written contracts, provided the customer has the right to discontinue delivery service at any time and shall not be subject to any additional cost or fee of any kind including, but not limited to, equipment removal fee, labor charge, restocking penalty, tank evacuation or any other assessment that would result in any additional cost to the consumer for discontinuing delivery service and shall receive a full refund for any fuel oil or propane gas in a company owned tank that was removed at the time of said discontinuance of service at the retail price charged to the customer. A person, firm or corporation selling retail fuel oil or propane gas may not assess such customers any new fees or increases of existing fees for a period of sixty days from the date first billed if the customer notifies the company of said customer's intent to discontinue delivery service within the sixty-day period.

(e) Not later than October 15, 2008, a fuel oil and propane gas retail dealer shall provide written notice to all customers of such retail dealer as of October 1, 2008, who do not have valid written contracts and who are subject to any fees informing said customer of (1) the amount of such fees and a description of the fee; (2) the right to discontinue delivery services without penalty; and (3) the right to dispute any new fees that are not contained in such notice or increases in the amount of fees contained in such notice for a period of sixty days from the date such fees were billed if the customer has notified the company of the intent to discontinue delivery service within the sixty-day period.

(f) The requirement that any contract be in writing pursuant to this section and section 16a-23n may be satisfied telephonically by a person, firm or corporation selling at retail fuel oil or propane gas, only if: (1) Such telephonic communications are preceded by the purchaser having received all terms and conditions of the contract in writing, except for the contract duration, the unit price and the maximum number of units covered by the contract, if any, in advance of such telephonic communications between such purchaser and the person, firm or corporation selling at retail fuel oil or propane gas; (2) the person, firm or corporation selling at retail fuel oil or propane gas employs an interactive voice response system or similar technology which provides the purchaser with the contract duration, the unit price and the maximum number of units covered by the contract, if any, to complete the contract; (3) the person, firm or corporation selling at retail fuel oil or propane gas retains, in a readily retrievable format, a recording of the purchaser agreeing to each such term and condition for the period of the contract plus one year; (4) the person, firm or corporation selling at retail fuel oil or propane gas sends such purchaser a letter confirming the agreement to such terms and conditions with the written stipulation that the purchaser is bound by such terms and conditions unless the agreement is rescinded by such purchaser, in writing, within three business days of receipt of said letter by such purchaser; and (5) the person, firm or corporation selling at retail fuel oil or propane gas retains a copy of each such letter.

(g) A violation of the provisions of this section constitutes an unfair trade practice under subsection (a) of section 42-110b.

Sec. 502. Section 16a-22b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) No retail dealer of fuel oil or propane shall assess a surcharge on the price of fuel oil or propane delivered to a customer if the delivery of the fuel oil or propane is in an amount in excess of one hundred twenty-five gallons, except that a surcharge may be assessed if a delivery is made outside the normal service area or the normal business hours of the dealer or extraordinary labor costs are involved in making a delivery. Any other fee, charge or penalty shall be assessed in accordance with the provisions of section 16a-21, as amended by this act.

(b) No retail dealer of fuel oil or propane shall assess a residential customer a minimum delivery surcharge on any delivery initiated by the seller, including any delivery under an automatic delivery agreement.

(c) A violation of the provisions of this section constitutes an unfair trade practice under subsection (a) of section 42-110b.

Sec. 503. (NEW) (Effective from passage) This section shall be known as and may be cited as the "Gasoline Transparency and Oversight Act".

Sec. 504. (NEW) (Effective from passage) As used in this act:

(1) "Distributor" has the same meaning as provided in subdivision (3) of section 14-327a of the general statutes;

(2) "Fuel" means regular unleaded gasoline;

(3) "Major retailer" means any person who annually sells at retail to consumers in this state more than one million gallons of fuel;

(4) "Major fuel supplier" means any person who owns fuel as it enters the state for purposes of selling such fuel in the state;

(5) "Person" has the same meaning as provided in subdivision (65) of section 14-1 of the general statutes;

(6) "Relevant time period" means July 1, 2007, through June 30, 2008; and

(7) "Wholesale rack prices" means wholesale prices at which major fuel suppliers sell branded or unbranded fuel to any other person, including, but not limited to, a supplier, distributor or retailer, but does not include any state or federal taxes, rebates, discounts, tax incentives or transportation costs. Wholesale rack prices include, but are not limited to, posted rack prices for fuel at bulk terminals.

Sec. 505. (NEW) (Effective from passage) On or before October 1, 2008, each major fuel supplier and person who sells fuel at wholesale rack prices shall file with the Department of Consumer Protection on forms prescribed, prepared and furnished by said department, a certified statement showing the following information, as applicable to each supplier or seller: (A) The amount of fuel owned by such supplier that entered the state; (B) the amount of fuel owned by the supplier or seller that was brought to a wholesale rack location; and (C) the amount of such fuel from each wholesale rack location sold to another person, including a distributor or retailer and the price per unit of fuel, which may be rack price and dealer tank wagon, that was charged to each person. For purposes of this section, the amount of fuel data shall be filed for the months of January, 2008 and June, 2008. The daily price data shall be filed weekly during the relevant time period.

Sec. 506. (NEW) (Effective from passage) On or before October 1, 2008, each distributor shall file with the Department of Consumer Protection, on forms prescribed, prepared and furnished by said department, a statement showing the amount of gasoline sold to gasoline retailers in each municipality of this state during the months of January, 2008 and June, 2008, aggregated by monthly total number of gallons sold in each municipality to which such gasoline was delivered. Such form shall not indicate the name of the distributor. Each distributor shall be required to submit on a separate form a certified affidavit under penalty of law that they have filed the anonymous required filing and complied with the information requirement of this section.

Sec. 507. (NEW) (Effective from passage) On or before October 1, 2008, each major retailer shall file with the Department of Consumer Protection, on forms prescribed, prepared and furnished by said department, a certified statement showing the following information for the relevant time period: For each day during the relevant time period, the retail price for fuel charged by such retailer.

Sec. 508. (NEW) (Effective from passage) The Department of Consumer Protection may, within available appropriations, purchase price data from data service companies that said office may use to assist in analyzing retail and wholesale fuel price and supply data. The Department of Consumer Protection shall prescribe applicable standards and practices for reporting to facilitate uniformity, consistency and comparability of the data to be submitted pursuant to this section.

Sec. 509. (NEW) (Effective from passage) The Department of Consumer Protection shall analyze such information received pursuant to this act and issue a report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and consumer protection issues. Such report may contain recommendations for administrative or legislative action and findings concerning the gasoline market in Connecticut. The department shall analyze such information and issue such report using available resources of the state. The department may refer such information to the appropriate state or federal agency for law enforcement purposes or may initiate such legal action as deemed appropriate.

Sec. 510. (NEW) (Effective from passage) Information reported pursuant to this act shall be considered trade secrets and proprietary and confidential in nature and shall be exempt from disclosure pursuant to chapter 14 of the general statutes. Such information shall be maintained by the Department of Consumer Protection and shall not be disclosed to any person or entity, public or private, except that such information may be disclosed to a person or entity, public or private, if such information is aggregate in form and does not disclose or attribute any data to a particular company.

Sec. 511. (NEW) (Effective from passage) (a) The Department of Consumer Protection shall notify those persons who have failed to timely provide the information required by this act. The Attorney General may issue a civil investigatory demand for information required pursuant to sections 205 to 207, inclusive, of this act.

(b) If a person wilfully fails to supply information within twenty-one business days after being notified of the failure to provide the required information pursuant to subsection (a) of this section or if such person fails to comply with a civil investigatory demand issued pursuant to subsection (a) of this section, such person shall forfeit and pay to the state a civil penalty of not less than one thousand dollars per day or more than five thousand dollars per day for each day the submission of information is refused or delayed. The Attorney General, acting in the name of the state, may petition for recovery of such penalties.

(c) If any person or any employee of any person wilfully, and with the intent to defraud, makes any false statement, representation or certification in any record, report, plan or other document filed with the Attorney General pursuant to this act, the Attorney General, upon petition to the court, may recover, on behalf of the state, a civil penalty not to exceed five hundred thousand dollars. For purposes of this subsection, a wilful violation occurs when the party committed the violation knew or should have known that such conduct was a violation of sections 501 to 518, inclusive, of this act.

Sec. 512. Section 42-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this section:

(1) "Energy resource" shall include, but not be limited to, middle distillate, residual fuel oil, motor gasoline, propane, aviation gasoline and aviation turbine fuel, natural gas, electricity, coal and coal products, wood fuels and any other resource yielding energy;

(2) "Seller" shall include, but not be limited to, a supplier, wholesaler, distributor or retailer involved in the sale or distribution in this state of an energy resource;

[(3) "Abnormal market disruption" refers to any stress to an energy resource market resulting from weather conditions, acts of nature, failure or shortage of a source of energy, strike, civil disorder, war, national or local emergency, oil spill or other extraordinary adverse circumstance. ]

(3) "Additional costs" means all replacement and transportation costs and taxes incurred by a person within the chain of distribution;

(4) "Gross disparity" means an increase of more than fifteen per cent in the price of an energy resource;

(5) "Unconscionably excessive" means a price that represents a gross disparity between the price of an energy resource when compared to the highest price such energy resource was sold or offered for sale by the seller in the usual course of business during the seven days immediately prior to the declaration by the Governor of an energy resource market disruption emergency pursuant to subsection (e) of this section.

(b) No seller during any [period of abnormal market disruption] energy resource market disruption emergency declared by the Governor pursuant to subsection (e) of this section, or during any period in which [an imminent abnormal market disruption] such emergency is reasonably anticipated shall sell or offer to sell an energy resource for an amount that represents an unconscionably excessive price.

(c) Evidence that (1) the amount charged represents a gross disparity between the price of an energy resource that was the subject of the transaction and the price at which such energy resource was sold or offered for sale by the seller in the usual course of business immediately prior to [(A) the onset of an abnormal market disruption, or (B)] an energy resource market disruption emergency declared by the Governor pursuant to subsection (e) of this section or any period in which [an imminent abnormal market disruption] such emergency is reasonably anticipated, and (2) the amount charged by the seller was not attributable to additional costs incurred by the seller in connection with the sale of such product, shall constitute prima facie evidence that a price is unconscionably excessive.

(d) This section shall not be construed to limit the ability of the Commissioner of Consumer Protection or the courts to establish certain acts or practices as unfair or unconscionable in the absence of [abnormal market disruptions] an energy resource market disruption emergency declared by the Governor pursuant to subsection (e) of this section.

(e) In the event of a state-wide or regional shortage or threatened shortage of an energy resource due to an abnormal market disruption resulting from a natural disaster, weather conditions, acts of nature, strike, civil disorder, war, national or local emergency or other extraordinary adverse circumstance, the Governor may proclaim that an energy resource market disruption emergency exists. Upon the declaration of such emergency, the Governor may, in connection therewith, issue orders designating an energy resource to be in short supply or in danger of becoming in short supply in the state or in a specific region of the state. Prior to the issuance of such an order, the Governor shall make written findings that there is an abnormal market disruption, that the energy resource is in short supply or is in danger of becoming in short supply due to such disruption, that the energy resource is essential to the health, safety and welfare of the people of the state, and that the imposition of price restrictions on the energy resource or rationing of such resource is necessary to assure the health, safety and welfare of the people of the state.

(f) Any proclamation or order issued pursuant to this section shall become effective upon its filing in the office of the Secretary of the State and with the clerks of the Senate and the House of Representatives. Such proclamation or order shall be published in full at least once in a newspaper having general circulation in each county, provided failure to publish shall not impair the validity of such proclamation or order. Unless disapproved in accordance with the provisions of subsection (g) of this section, any proclamation or order shall remain in effect until the Governor proclaims an end to the emergency or until ninety days after the date of the proclamation of the emergency, whichever occurs first.

(g) Any proclamation or order issued pursuant to this section may be disapproved by a majority vote of each house of the General Assembly. Any such disapproval shall become effective upon filing notice of such action with the office of the Secretary of the State.

(h) Any natural person, trade association, corporation or other entity may register with the Commissioner of Consumer Protection as an agent for the purpose of being notified by said commissioner or said commissioner's agent in the event the Governor declares an energy resource market disruption emergency pursuant to subsection (e) of this section. Such natural person, trade association, corporation or other entity shall be notified of such emergency by said commissioner or said commissioner's agent in an expeditious manner when the Governor declares an energy resource market disruption emergency.

(i) A violation of the provisions of subsection (b) of this section shall be deemed an unfair or deceptive trade act or practice under subsection (a) of section 42-110b.

Sec. 513. Subsection (c) of section 42-133ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(c) Nothing in this section shall prohibit any seller from offering a discount to a buyer to induce such buyer to pay by cash, debit card, check or similar means rather than by credit card. No person, firm or entity shall prohibit a gasoline retailer or distributor from offering a discount to a buyer based upon the method of payment by such buyer for such gasoline. A violation of this subsection shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

Sec. 514. Section 52-512 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Every debt due to any laborer or mechanic for personal wages, from any corporation or partnership for which a receiver is appointed, for any labor performed for such corporation or partnership within three months next preceding the service of the application for the appointment of a receiver, shall be paid in full by the receiver, to the amount of six hundred dollars, before the general liabilities of such corporation or partnership are paid.

(b) Every debt due to any individual from a corporation or partnership for which a receiver is appointed for a deposit made in connection with the purchase, lease or rental of goods or the purchase of services for the personal, family or household use of such individual, where such goods were not received or such services were not provided prior to the service of the application for the appointment of a receiver, shall be paid in full by the receiver, to the amount [of nine hundred dollars] allowed for certain consumer deposits pursuant to subdivision (7) of subsection (a) of 11 USC Section 507, as amended and adjusted from time to time pursuant to 11 USC Section 104, as amended from time to time, before [the general liabilities] any other creditor, except taxes or wages, of the corporation or partnership [are] is paid. As used in this section, "deposit in connection with the purchase, lease or rental of goods" includes, but is not limited to, payments made by a consumer to a home heating oil or propane gas dealer pursuant to a prepaid home heating oil or propane gas contract or capped price per gallon home heating oil contract.

Sec. 515. Section 52-400f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

In the event of (1) the termination of the existence of an entity, (2) the insolvency of a person or entity, or (3) the inability of a person or entity to pay all creditors in full, every debt due to any individual from such person or entity for a deposit made in connection with the purchase, lease or rental of goods or the purchase of services for the personal, family or household use of such individual, where such goods were not received or such services were not provided, shall be first paid in full, to the amount [of nine hundred dollars] allowed for certain consumer deposits pursuant to subdivision (7) of subsection (a) of 11 USC Section 507, as amended and adjusted from time to time pursuant to 11 USC Section 104, as amended from time to time, before [the general liabilities] any other creditor, except taxes or wages, of such person or entity [are] is paid. As used in this section, "deposit made in connection with the purchase, lease or rental of goods" includes, but is not limited to, payments made by a consumer to a home heating oil or propane gas dealer pursuant to a prepaid home heating oil or propane gas contract or capped price per gallon home heating oil contract.

Sec. 516. (NEW) (Effective from passage) Any person who has applied for and been issued a Connecticut Operating Stationary Engineer type OE-2 license not later than January 1, 2009, from the Department of Consumer Protection shall be exempt from the heating system and air conditioning or refrigeration system on-site operational provisions of subdivision (5) of section 20-330 of the general statutes.

Sec. 517. Subsections (a) and (b) of section 25-129 of the 2008 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2009):

(a) The Commissioner of Consumer Protection, with the advice and assistance of the board, shall establish the requirements of registration for well drilling contractors. Each person, before engaging in the business of well drilling or pump installing, shall obtain [annually] biennially from the Department of Consumer Protection a certificate of registration as a well drilling contractor, using an application [blank] form prepared by said department. Each application for issuance or renewal of a certificate of registration shall be accompanied by a certificate of liability coverage for bodily injury of at least one hundred thousand dollars per person with an aggregate of at least three hundred thousand dollars and for property damage of at least fifty thousand dollars per accident with an aggregate of at least one hundred thousand dollars. [The applicant shall pay a registration] Each application shall be accompanied by a fee of [forty-four dollars with the application] eighty-eight dollars and [an annual] each biennial renewal [registration] shall be accompanied by a fee of [one hundred twenty-five dollars for renewals on and after April 1, 1984] two hundred fifty dollars. A certificate of registration is not transferable and expires [annually] biennially. [A lost, destroyed or mutilated registration certificate may be replaced by a duplicate upon payment of a lost fee of three dollars. One seal shall be issued to each registrant as provided in subsection (b) of this section. Additional seals may be obtained at a fee of three dollars each. ]

(b) [A] For each well drilling machine owned, leased or operated by a well drilling contractor, such contractor shall place in a conspicuous location on both sides of [his] the well drilling machine [his] such contractor's registration number in letters not less than two inches high. [A seal furnished by said department designating the year the certificate of registration was issued or renewed and the words "Connecticut registered well drilling contractor" shall be affixed directly adjacent to the registration number. ]

Sec. 518. Section 25-130 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2009):

Before commencing work on any water-supply well, the registered well driller shall apply to the [board] department for a permit to drill such well. [A fee of five dollars shall accompany such application. ] The department may impose a fee of five dollars for each such permit form and may issue permits in an electronic format. If the water-supply well conforms to the Well Drilling Code, as from time to time amended, the [board] department shall issue such permit which shall contain the name and address of the well driller, the date of issuance and the specific location of the well. The driller shall then submit the permit with a fee to be determined by the legislative body of a town, city or borough or the board of a district department of health, as the case may be, to the local director of health or [his] such director's agent, who shall sign such permit if said proposed water-supply well conforms to the Public Health Code. No water-supply well shall be drilled until such a permit is issued and countersigned and until the driller has informed his or her client, in writing, that well drilling is subject to regulation by the Department of Consumer Protection and that complaints may be directed to that department. "