House of Representatives
File No. 854
January Session, 2015
(Reprint of File No. 591)
As Amended by House Amendment
Approved by the Legislative Commissioner
May 18, 2015
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 16-262u of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) For purposes of this section, (1) "service connection" means the service pipe from the water main to the curb stop, at or adjacent to the street line or the customer's property line, and such other valves or fittings as the water company, as defined in section 16-1, may require at or between the water main and the curb stop, but excluding the curb box, [and] (2) "service pipe" means the curb box and the pipe from the curb stop to the place of consumption, and (3) "main" means a water pipe, owned, operated and maintained by a water company, which is used for the purpose of transmission and distribution of water, but is not a water service pipe.
(b) In the case of a water company having annual revenues of twenty thousand dollars or more, all replacements and repairs of service connections shall be by the company at its own expense.
(c) The service pipe shall extend through that point on the customer's property line or the street line easiest of access to the water company from its existing distribution system and, where practicable, from a point at right angles to the existing water main in front of the premises to be served. Service pipes shall not cross intervening properties or operate in place of a proper water main extension running in the street and fronting the property except as noted in subsections (d) and (f) of this section. The water company shall have the discretion to approve or disapprove of the proposed location of the service pipe.
(d) The property owner, upon written request to the water company, may be granted an exception to allow a service pipe to cross intervening properties provided proper easements are in place, the construction complies with the company's rules and regulations and there is adequate water pressure to serve the property. The property owner may request such exception only under very exceptional hardship circumstances and then only on a case-by-case basis. Documentation shall be furnished to demonstrate that the proposed service pipe will ultimately serve no more than one premises, otherwise a water main extension shall be installed. The following shall not constitute sufficient cause for granting an exception: (1) When the intent is to avoid the time and expense of a proper main extension, and proper service pipe installation, or other reasonable engineering solution in conformance with good engineering standards of practice, (2) when the intent is to perpetuate an existing nonconforming condition through an extension or replacement of an existing nonconforming service pipe, or (3) when an easement is proposed without sufficient evidence to show that alternative ownership of a suitable strip of land to establish frontage on a road is not feasible.
(e) Upon approval of an application pursuant to subsection (d) of this section, the water company shall provide notice to the authority of the location of the property.
(f) If a property owner cannot demonstrate in his or her application to the water company that such property owner meets the conditions established in subsection (d) of this section or disputes the decision of the water company regarding such application, such property owner or such water company on behalf of such property owner may file a request with the authority for an exception.
This act shall take effect as follows and shall amend the following sections:
October 1, 2015
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
The bill allows private water companies to approve a property owner's application to install a service pipe that extends to the owner's dwelling by crossing intervening properties. The bill also requires water companies, upon approval of such application, to provide notice to the Public Utilities Regulatory Authority (PURA) of the location of the property. These provisions have no fiscal impact.
House “A” eliminates the original bill and the associated impact and results in the impact described above.
The Out Years
OLR Bill Analysis
This bill allows investor-owned water companies, under certain conditions, to approve a property owner's application to install a service pipe that extends to the owner's dwelling by crossing intervening properties. (In general, service pipes connect the water main to the point of consumption.) Current regulations generally prohibit such extensions unless the Public Utilities Regulatory Authority (PURA) approves an exception under certain conditions (Conn. Agencies Reg. § 16-11-64). The bill codifies these regulations, and allows a water company to approve the exception under the same conditions.
*House Amendment “A” replaces the original bill (File 591), which also allowed water companies to approve service pipe extensions that crossed intervening properties but did not codify the regulations that generally prohibit extensions crossing intervening properties.
EFFECTIVE DATE: October 1, 2015
SERVICE PIPE EXTENSIONS
The bill codifies regulations that require water service pipes to extend through the point on a customer's property line or the street line that is easiest for the water company to access from its existing distribution system. Where practicable, service pipes must be at right angles to the existing water main in front of the premises to be served. Services pipes must not cross intervening properties or operate instead of a proper water main extension running in the street and fronting the property unless the water company or PURA grants an exception. The water company may approve or disapprove a service pipe's proposed location.
Under the bill, a water company may grant a property owner's written request for a service pipe to cross intervening properties if (1) proper easements are in place, (2) the construction complies with the company's rules and regulations, and (3) there is adequate water pressure to serve the property. The property owner may only request an exception under very exceptional hardship circumstances and on a case-by-case basis. He or she must provide documentation to demonstrate that the proposed service pipe will ultimately serve only one premises, otherwise a water main extension must be installed.
The bill specifies that the following are not sufficient cause for granting an exception:
1. the property owner intends to avoid the time and expense of a proper main and service pipe extension, or other reasonable engineering solution that conforms to good engineering practice standards;
2. the property owner intends to continue an existing nonconforming condition by extending or replacing an existing nonconforming service pipe; or
3. a proposed easement does not include sufficient evidence that an alternative ownership of a suitable strip of land for road frontage is not feasible.
Upon approving an application for an exception, the water company must notify PURA of the property's location.
The bill allows a property owner or a water company on behalf of the property owner, to file a request for an exception with PURA if the property owner (1) cannot meet the above conditions in his or her application to the water company or (2) disputes the water company's decision.
Energy and Technology Committee
Joint Favorable Substitute