Energy and Technology Committee
JOINT FAVORABLE REPORT
Bill No.: SB-858
AN ACT CONCERNING CALL BEFORE YOU DIG PROGRAM VIOLATIONS
Title: AND CERTAIN MODIFICATIONS TO GAS PIPELINES PROCESSES.
Vote Date: 3/18/2021
Vote Action: Joint Favorable Substitute
PH Date: 2/18/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Energy and Technology Committee
REASONS FOR BILL:
This bill would make the utility responsible for paying any civil penalties for violation of CBYD
regulations even in the event that the utility had retained a private contractor to perform the
markings.
RESPONSE FROM ADMINISTRATION/AGENCY:
Marissa P. Gillett, Chairman (PURA) supports SB 858 because many utilities outsource
their CBYD associated locating responsibility and contractually require their subcontractor to
pay all civil penalties assessed for violations. As a result, utilities that outsource this
responsibility are effectively held harmless; they are not penalized if their contractors mark
the utilities facilities incorrectly.
This proposal would require that the regulated utilities pay any civil penalties assessed by
PURA. The utilities would still be allowed (and encouraged) to continue to enforce contracts
with their respective contractors by collecting the specified amount of civil penalties from the
contractor. However, the party in violation would be required to forfeit the proceeds from
those civil penalties in a manner to be determined by PURA
NATURE AND SOURCES OF SUPPORT:
Utility Contractors Association of Connecticut (UCAC) supports sections 11 & 12 of the
bill as currently drafted, which seeks to authorize PURA to be able to efficiently respond to
potential hazardous conditions, particularly with regard to natural gas infrastructure, and
issue stop work orders if necessary. UCAC agrees that these sections of this bill are a
proactive approach to ensure that PURA has the proper authority to protect everyone
involved in what can often be hazardous work.
The Connecticut Construction Industries Association, Inc. (CCIA) supports sections 11
and 12 of this bill because it will give the governing agency, overseeing this work, the ability
to promptly stop work to address hazardous situations, instantaneously, to protect people and
property
NATURE AND SOURCES OF OPPOSITION:
Allison M. Ellis-Senior Vice President, Frontier Communications opposes Section 1 of
SB 858 because it appears as if PURA is looking to double penalize utilities for mistakes
made by outside contractors. Specifically, the language is vague in that there are no apparent
factors that the Authority must consider in determining whether to require a forfeiture, thereby
exposing utilities to considerable uncertainty relative to potential fines. Second, there are
questions as to whether the bill as written would permit a state agency to interfere with a
private contract between the utility company and its contractor. Finally, double penalizing
utilities will only add to costs, which will raise the costs for utility services across the state.
Betsy Gara, Executive Director, Connecticut Council of Small Towns opposes certain
provisions in SB 858. As drafted, SB-858 makes the utility responsible for paying any civil
penalties for violation of CBYD regulations even if the utility has retained a private contractor
to perform the markings. Moreover, under the bill, PURA has broad discretion to prohibit the
utility from recouping any civil penalty from the contractor responsible for the violation. The
bill fails to set forth any criteria whatsoever for determining when PURA may prohibit the
penalty from being recouped. This could cost municipal utilities a significant amount given
that CBYD penalties of up to $40,000 per violation are permitted under existing law. COST
opposes this bill which unfairly shifts costs for CBYD violations to municipal and other utilities.
Donna Hamzy, Advocacy Manager of CCM opposes SB 858 because under this bill, if a
public agency, which includes municipalities, recoups the penalty from an outside source,
such as the contractor that performed the work, PURA can require the public utility to forfeit
the penalty. This unfairly penalizes local governments for CBYD violations of contractors that
may have directly caused the damage which resulted in the violations. The criteria set forth in
the regulations for assessing penalties clearly includes consideration of factors that are
outside the control of the municipality. As such, municipalities should be able to recoup the
penalties from the contractors responsible for the violation.
Reported by: Jason Snukis Date: April 5, 2021
Page 2 of 2 SB-858


Statutes affected:
Raised Bill: 16-356, 16-7, 16-8, 16-8a, 16-11, 16-16, 16-41, 16-280b, 16-280c, 16-280e, 16-354
ET Joint Favorable Substitute: 16-356, 16-7, 16-8, 16-8a, 16-11, 16-16, 16-41, 16-280b, 16-280c, 16-280e, 16-354, 8-31c
File No. 282: 16-356, 16-7, 16-8, 16-8a, 16-11, 16-16, 16-41, 16-280b, 16-280c, 16-280e, 16-354, 8-31c