JOURNAL OF THE SENATE

Friday, May 31, 2019

The Senate was called to order at 3:43 p.m., Senator Looney of the 11th in the Chair.

The prayer was offered by Acting Chaplain, Benita Toussaint of Hartford, CT.

The following is the prayer:

This is the beginning of a new day. We have been given this day to use as we will. When tomorrow comes, this day will be gone forever; in its place, something that we have left behind-let it be something good. Amen

PLEDGE

Senator Slap of the 5th led the Senate in the Pledge of Allegiance.

BUSINESS FROM THE HOUSE FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE HOUSE BILLS

The following favorable report of the Joint Standing Committee was received from the House, read the second time and tabled for the calendar.

EDUCATION. Substitute for H.B. No. 5833 (COMM) (File Nos. 277 and 1020) AN ACT ESTABLISHING A PILOT PROGRAM FOR THE EXPANSION OF ADVANCED MANUFACTURING CERTIFICATE PROGRAMS. (As amended by House Amendment Schedules "A" and "B").

EDUCATION. Substitute for H.B. No. 7111 (RAISED) (File No. 90) AN ACT CONCERNING REVISIONS TO THE COMPREHENSIVE SCHOOL HEALTH EDUCATION CURRICULUM AND THE AVAILABILITY OF INFORMATION ON THE DANGERS OF VAPING FOR USE BY SCHOOL DISTRICTS.

EDUCATION. Substitute for H.B. No. 7215 (RAISED) (File Nos. 126 and 1025) AN ACT CONCERNING SCHOOL CLIMATES. (As amended by House Amendment Schedule "A").

EDUCATION. Substitute for H.B. No. 7353 (RAISED) (File Nos. 624 and 1029) AN ACT CONCERNING THE PROVISION OF SPECIAL EDUCATION. (As amended by House Amendment Schedule "A").

FINANCE, REVENUE AND BONDING. Substitute for H.B. No. 7068 (RAISED) (File No. 143) AN ACT MAKING MINOR REVISIONS TO STATUTES REGARDING BOND- FINANCED HOUSING PROGRAMS.

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FINANCE, REVENUE AND BONDING. H.B. No. 7375 (RAISED) (File No. 879) AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL AND CONFORMING CHANGES TO THE TAX AND RELATED STATUTES.

FINANCE, REVENUE AND BONDING. Substitute for H.B. No. 7408 (RAISED) (File Nos. 915 and 1030) AN ACT CONCERNING MUNICIPAL STORMWATER AUTHORITIES, STUDIES OF THE PILOT GRANTS PROGRAM AND A PROPERTY TAX EXEMPTION FOR MACHINERY AND EQUIPMENT, AND ENTERPRISE ZONES. (As amended by House Amendment Schedule "A").

GENERAL LAW. Substitute for H.B. No. 7299 (RAISED) (File Nos. 498 and 1026) AN ACT MAKING CHANGES TO DEPARTMENT OF CONSUMER PROTECTION ENFORCEMENT STATUTES. (As amended by House Amendment Schedules "A" and "C").

HOUSING. H.B. No. 7066 (RAISED) (File Nos. 189 and 1023) AN ACT ESTABLISHING A PILOT PROGRAM TO IMPLEMENT RECOMMENDATIONS OF THE COMMISSIONER OF HOUSING TO IMPROVE CERTAIN STATE-FUNDED PUBLIC HOUSING PROJECTS. (As amended by House Amendment Schedule "A").

INSURANCE AND REAL ESTATE. H.B. No. 7175 (RAISED) (File No. 347) AN ACT CONCERNING SURETY BAIL BOND AGENTS.

JUDICIARY. H.B. No. 7097 (RAISED) (File No. 414) AN ACT CONCERNING IMPROVED PUBLIC ACCESS TO CERTAIN BUSINESS RECORDS FILED WITH THE SECRETARY OF THE STATE.

JUDICIARY. Substitute for H.B. No. 7107 (RAISED) (File No. 415) AN ACT CONCERNING THE THEFT OF WASTE VEGETABLE OIL OR ANIMAL FATS.

JUDICIARY. H.B. No. 7349 (RAISED) (File Nos. 786 and 1028) AN ACT CONCERNING IDENTITY THEFT VICTIM ACCESS TO RECORDS. (As amended by House Amendment Schedule "A").

LABOR AND PUBLIC EMPLOYEES. H.B. No. 6935 (COMM) (File Nos. 478 and 1022) AN ACT CONCERNING THE RIGHT OF A PUBLIC EMPLOYEE TO JOIN OR SUPPORT A UNION. (As amended by House Amendment Schedule "A").

PLANNING AND DEVELOPMENT. H.B. No. 5355 (COMM) (File Nos. 80 and 1018) AN ACT CONCERNING VOTING REQUIREMENTS FOR ESTABLISHING A SPECIAL TAXING DISTRICT TO MAINTAIN WATER QUALITY IN A LAKE. (As amended by House Amendment Schedule "A").

PLANNING AND DEVELOPMENT. Substitute for H.B. No. 7206 (RAISED) (File No. 690) AN ACT EXPANDING THE PROPERTY TAX EXEMPTION FOR CERTAIN RENEWABLE ENERGY SOURCES AND HYDROPOWER FACILITIES.

PUBLIC HEALTH. Substitute for H.B. No. 5145 (COMM) (File No. 668) AN ACT CONCERNING REGIONAL BEHAVIORAL HEALTH ACTION ORGANIZATIONS.

PUBLIC HEALTH. H.B. No. 5444 (COMM) (File Nos. 82 and 1019) AN ACT REQUIRING LICENSURE OF ART THERAPISTS. (As amended by House Amendment Schedule "A").

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PUBLIC HEALTH. Substitute for H.B. No. 7132 (RAISED) (File Nos. 557 and 1024) AN ACT CONCERNING LICENSURE OF PROFESSIONAL COUNSELOR ASSOCIATES AND MARITAL AND FAMILY THERAPIST ASSOCIATES. (As amended by House Amendment Schedule "A").

PUBLIC SAFETY AND SECURITY. H.B. No. 6376 (COMM) (File Nos. 401 and 1021) AN ACT CONCERNING MOTOR VEHICLE INSPECTORS AS PEACE OFFICERS. (As amended by House Amendment Schedule "A").

PUBLIC SAFETY AND SECURITY. H.B. No. 7333 (RAISED) (File Nos. 434 and 1027) AN ACT CONCERNING CRIMINAL HISTORY RECORDS CHECKS OF VOLUNTEER FIREFIGHTERS AND CERTAIN EMPLOYEES OF QUASI-PUBLIC AGENCIES. (As amended by House Amendment Schedule "A").

VETERANS' AFFAIRS. H.B. No. 7063 (RAISED) (File No. 26) AN ACT CONCERNING LEASING OF MILITARY DEPARTMENT FACILITIES.

MATTER RETURNED FROM COMMITTEE FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

The following favorable report was received from the Joint Standing Committee indicated, the bill was read the second time and tabled for the calendar and printing.

NO NEW FILE

FINANCE, REVENUE AND BONDING. S.B. No. 570 (COMM) (File No. 365) AN ACT CONCERNING OPPORTUNITY ZONES.

BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

FINANCE, REVENUE AND BONDING. Substitute for H.B. No. 7200 (RAISED) (File Nos. 579 and 938) AN ACT PROHIBITING THE SALE OF CIGARETTES, TOBACCO PRODUCTS, ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS TO PERSONS UNDER AGE TWENTY-ONE. (As amended by House Amendment Schedule "A").

Senator Flexer of the 29th explained the bill and moved passage.

Remarking were Senators Somers of the 18th, Abrams of the 13th, Cohen of the 12th, Sampson of the 16th, Bizzarro of the 6th, Haskell of the 26th and Slap of the 5th.

Senator Sampson of the 16th offered Senate Amendment Schedule “A” (LCO 10392) and moved adoption.

Senator Flexer of the 29th requested that the vote be taken by roll call.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4:50 p.m.:

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Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 11 Those voting Nay ...... 25 Those absent and not voting ...... 0

On the roll call vote Senate Amendment Schedule “A” (LCO 10392) was rejected.

The following is the roll call vote:

N 1 JOHN W. FONFARA N 19 CATHERINE A. OSTEN N 2 DOUGLAS MCCRORY Y 20 PAUL M. FORMICA N 3 SAUD ANWAR Y 21 KEVIN KELLY N 4 STEVE CASSANO N 22 MARILYN MOORE N 5 DEREK SLAP N 23 DENNIS BRADLEY Y 6 GENNARO BIZZARRO N 24 JULIE KUSHNER Y 7 JOHN A. KISSEL N 25 BOB DUFF Y 8 KEVIN D. WITKOS N 26 WILL HASKELL N 9 MATTHEW LESSER N 27 CARLO LEONE N 10 GARY WINFIELD N 28 TONY HWANG N 11 MARTIN M. LOONEY N 29 MAE M. FLEXER N 12 CHRISTINE COHEN Y 30 CRAIG MINER N 13 MARY ABRAMS Y 31 HENRI MARTIN N 14 JAMES MARONEY Y 32 ERIC BERTHEL N 15 JOAN V. HARTLEY N 33 NORM NEEDLEMAN Y 16 ROBERT SAMPSON N 34 LEONARD FASANO Y 17 GEORGE LOGAN Y 35 DAN CHAMPAGNE N 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

The following is the Amendment:

After the last section, add the following and renumber sections and internal references accordingly: "Sec. 501. (NEW) (Effective October 1, 2019) Notwithstanding sections 12-286a, 12-289a, 12-295, 12-295a, 12-314a, 21a-416, 53-344- 53-344b, as amended by this act, and sections 12, 13 and 19 of this act, a member of the armed forces who is under twenty-one years of age may, without liability to any person, dealer, distributor, business entity or authorized owner (1) access a cigarette vending machine, (2) purchase and be sold a cigarette, tobacco product, electronic nicotine delivery system or vapor product, or (3) receive a gift or delivery of a cigarette, tobacco product, electronic nicotine delivery system or vapor product." This act shall take effect as follows and shall amend the following sections:

Sec. 501 October 1, 2019 New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5:20 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 33 Those voting Nay ...... 3 Those absent and not voting ...... 0

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On the roll call vote House Bill No. 7200 was passed as amended by House "A", in concurrence with the House.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY Y 20 PAUL M. FORMICA Y 3 SAUD ANWAR Y 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER N 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS Y 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN Y 30 CRAIG MINER Y 13 MARY ABRAMS Y 31 HENRI MARTIN Y 14 JAMES MARONEY Y 32 ERIC BERTHEL Y 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON Y 34 LEONARD FASANO Y 17 GEORGE LOGAN Y 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS Y 36 ALEX BERGSTEIN

BUSINESS ON THE CALENDAR FAVORABLE REPORTS OF THE SENATE COMMITTEE RESOLUTIONS ADOPTED

The following favorable reports were taken from the table, read the third time, the reports of the Committee accepted and the resolutions adopted.

APPROPRIATIONS. S.R. No. 29 (File No. 956) RESOLUTION PROPOSING APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF CONNECTICUT JUDICIAL BRANCH AND THE STATE OF CONNECTICUT JUDICIAL EMPLOYEES, LOCAL 749, AFSCME, AFL-CIO.

Senator Osten of the 19th explained the resolution and moved adoption.

Remarking were Senators Formica of the 20th, Fasano of the 34th, Champagne of the 35th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 6:19 p.m.:

Total Number Voting ...... 35 Necessary for Adoption ...... 18 Those voting Yea ...... 18 Those voting Nay ...... 17 Those absent and not voting ...... 1

On the roll call vote Senate Resolution No. 29 was adopted.

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The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN A 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA Y 3 SAUD ANWAR N 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER N 7 JOHN A. KISSEL Y 25 BOB DUFF N 8 KEVIN D. WITKOS N 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD N 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN N 30 CRAIG MINER Y 13 MARY ABRAMS N 31 HENRI MARTIN Y 14 JAMES MARONEY N 32 ERIC BERTHEL N 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON N 34 LEONARD FASANO N 17 GEORGE LOGAN N 35 DAN CHAMPAGNE N 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

APPROPRIATIONS. S.R. No. 28 (File No. 955) RESOLUTION PROPOSING APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF CONNECTICUT JUDICIAL BRANCH AND THE UNION OF PROFESSIONAL JUDICIAL EMPLOYEES, AFT/AFT-CT, CONCERNING INFORMATION TECHNOLOGY AND OTHER EMPLOYEES.

Senator Osten of the 19th explained the resolution and moved adoption.

Remarking were Senators Formica of the 20th, Kelly of the 21st and Miner of the 30th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 6:54 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 19 Those voting Nay ...... 17 Those absent and not voting ...... 0

On the roll call vote Senate Resolution No. 28 was adopted.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA Y 3 SAUD ANWAR N 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER N 7 JOHN A. KISSEL Y 25 BOB DUFF N 8 KEVIN D. WITKOS N 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE

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Y 10 GARY WINFIELD N 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN N 30 CRAIG MINER Y 13 MARY ABRAMS N 31 HENRI MARTIN Y 14 JAMES MARONEY N 32 ERIC BERTHEL N 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON N 34 LEONARD FASANO N 17 GEORGE LOGAN N 35 DAN CHAMPAGNE N 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

APPROPRIATIONS. S.R. No. 30 (File No. 957) RESOLUTION PROPOSING APPROVAL OF AN INTEREST ARBITRATION AWARD BETWEEN THE STATE OF CONNECTICUT AND THE CONNECTICUT STATE POLICE UNION (NP-1).

Senator Osten of the 19th explained the bill and moved passage.

Remarking were Senators Formica of the 20th, Winfield of the 10th and Fasano of the 34th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7:19 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 20 Those voting Nay ...... 16 Those absent and not voting ...... 0

On the roll call vote Senate Resolution No. 30 was adopted.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA Y 3 SAUD ANWAR N 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER N 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS N 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD N 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN N 30 CRAIG MINER Y 13 MARY ABRAMS N 31 HENRI MARTIN Y 14 JAMES MARONEY N 32 ERIC BERTHEL N 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON N 34 LEONARD FASANO N 17 GEORGE LOGAN N 35 DAN CHAMPAGNE N 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

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President in the Chair

APPROPRIATIONS. S.R. No. 31 (File No. 958) RESOLUTION PROPOSING APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF CONNECTICUT JUDICIAL BRANCH AND THE UNION OF PROFESSIONAL JUDICIAL EMPLOYEES, AFT/AFT-CT, CONCERNING THE COUNSEL, LEGAL SERVICES JOB CLASSIFICATION.

Senator Osten of the 19th explained the bill and moved passage.

Remarking was Senator Formica of the 20th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7:29 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 19 Those voting Nay ...... 17 Those absent and not voting ...... 0

On the roll call vote Senate Resolution No. 31 was adopted.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA Y 3 SAUD ANWAR N 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER N 7 JOHN A. KISSEL Y 25 BOB DUFF N 8 KEVIN D. WITKOS N 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD N 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN N 30 CRAIG MINER Y 13 MARY ABRAMS N 31 HENRI MARTIN Y 14 JAMES MARONEY N 32 ERIC BERTHEL N 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON N 34 LEONARD FASANO N 17 GEORGE LOGAN N 35 DAN CHAMPAGNE N 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

APPROPRIATIONS. S.R. No. 32 (File No. 959) RESOLUTION PROPOSING APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF CONNECTICUT AND THE CONNECTICUT EMPLOYEES UNION INDEPENDENT, SEIU, LOCAL 511.

Senator Osten of the 19th explained the resolution and moved adoption.

The chair ordered the vote be taken by roll call.

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The following is the result of the vote at 7:41 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 19 Those voting Nay ...... 17 Those absent and not voting ...... 0

On the roll call vote Senate Resolution No. 32 was adopted.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA Y 3 SAUD ANWAR N 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER N 7 JOHN A. KISSEL Y 25 BOB DUFF N 8 KEVIN D. WITKOS N 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD N 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN N 30 CRAIG MINER Y 13 MARY ABRAMS N 31 HENRI MARTIN Y 14 JAMES MARONEY N 32 ERIC BERTHEL N 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON N 34 LEONARD FASANO N 17 GEORGE LOGAN N 35 DAN CHAMPAGNE N 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

APPROPRIATIONS. S.R. No. 33 (File No. 960) RESOLUTION PROPOSING APPROVAL OF A TENTATIVE AGREEMENT BETWEEN THE STATE OF CONNECTICUT AND THE ADMINISTRATIVE AND RESIDUAL (P-5) BARGAINING UNIT.

Senator Osten of the 19th explained the resolution and moved adoption.

Remarking was Senator Formica of the 20th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8:00 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 19 Those voting Nay ...... 17 Those absent and not voting ...... 0

On the roll call vote Senate Resolution No. 33 was adopted.

The following is the roll call vote:

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Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA Y 3 SAUD ANWAR N 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER N 7 JOHN A. KISSEL Y 25 BOB DUFF N 8 KEVIN D. WITKOS N 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD N 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN N 30 CRAIG MINER Y 13 MARY ABRAMS N 31 HENRI MARTIN Y 14 JAMES MARONEY N 32 ERIC BERTHEL N 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON N 34 LEONARD FASANO N 17 GEORGE LOGAN N 35 DAN CHAMPAGNE N 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

APPROPRIATIONS. S.R. No. 34 (File No. 1012) RESOLUTION PROPOSING APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF CONNECTICUT OFFICE OF EARLY CHILDHOOD AND THE CONNECTICUT STATE EMPLOYEES ASSOCIATION (CSEA-SEIU LOCAL 2001).

Senator Osten of the 19th explained the resolution and moved adoption.

Remarking was Senator Formica of the 20th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8:30 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 20 Those voting Nay ...... 16 Those absent and not voting ...... 0

On the roll call vote Senate Resolution No. 34 was adopted.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA Y 3 SAUD ANWAR N 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER N 7 JOHN A. KISSEL Y 25 BOB DUFF N 8 KEVIN D. WITKOS Y 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD N 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER

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Y 12 CHRISTINE COHEN N 30 CRAIG MINER Y 13 MARY ABRAMS N 31 HENRI MARTIN Y 14 JAMES MARONEY N 32 ERIC BERTHEL N 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON N 34 LEONARD FASANO N 17 GEORGE LOGAN N 35 DAN CHAMPAGNE N 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

ENERGY AND TECHNOLOGY. Substitute for S.B. No. 960 (RAISED) (File No. 374) AN ACT CONCERNING THE PUBLIC UTILITIES REGULATORY AUTHORITY'S REVIEW OF CLAIMS ARISING FROM CONTRACTS PREVIOUSLY APPROVED BY THE AUTHORITY, PERSONS INVOLVED IN THE TRANSPORTATION OF NATURAL GAS AND REQUIREMENTS FOR OPERATOR QUALIFICATION OF INDIVIDUALS PERFORMING COVERED TASKS ON A PIPELINE FACILITY, CALL BEFORE YOU DIG PROGRAM VIOLATIONS AND FINES AND THE PUBLIC UTILITIES REGULATORY POLICIES ACT.

Senator Needleman of the 33rd explained the bill, offered Senate Amendment Schedule “A” (LCO 10278) and moved adoption.

Remarking were Senators Formica of the 20th and Duff of the 25th.

On a voice vote the amendment was adopted.

The following is the Amendment:

Strike everything after the enacting clause and substitute the following in lieu thereof: "Section 1. Section 16-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) Any person, including, but not limited to, a company, town, city, borough or corporation aggrieved by any order, authorization or decision of the Public Utilities Regulatory Authority, except an order, authorization or decision of the authority approving the taking of land, in any matter to which such person was or ought to have been made a party or intervenor, may appeal therefrom in accordance with the provisions of section 4-183, provided any person who is party to a contract described in subsection (d) of this section shall first bring their claim to the authority pursuant to said subsection. Such person so appealing shall give bond to the state, with sufficient surety, for the benefit of the adverse party, in such sum as the authority fixes, to pay all costs in case such person fails to sustain such appeal. No municipality or political subdivision shall be determined not to be aggrieved solely because there are other persons who are similarly affected by the order, authorization or decision of the authority. (b) Any person who may appeal an order, authorization or decision of the authority under subsection (a) of this section who was an intervenor or, after timely application, was denied intervenor status to the authority proceeding, shall be limited to raise on appeal only those issues that (1) such person addressed during the proceeding or were addressed in the final decision, or (2) such person raised in his request for intervenor status if he was denied intervenor status. (c) Notwithstanding any provision of this title and title 16a, proceedings in which the Public Utilities Regulatory Authority conducts a request for proposals or any other procurement process

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for the purpose of acquiring electricity products or services for the benefit of ratepayers shall be uncontested. (d) (1) The first dispute arising from a contract that is approved by the Public Utilities Regulatory Authority on or after the effective date of this section where (A) the contract was approved by the authority pursuant to section 16-19hh, 16-243m, 16-243u, 16-244r, 16-244s, 16- 244t, 16-244y, 16a-3b, 16a-3f, 16a-3g, 16a-3h, 16a-3i, 16a-3j, 16a-3k, 16a-3l or 16a-3m, (B) a public service company is a party to the contract, (C) the contract price is funded by ratepayers, and (D) the purpose of the contract is for the public service company to purchase products and services for the benefit of ratepayers, shall be brought by a party to such contract to the authority. A party may petition the authority for a declaratory ruling or make an application for review pursuant to this subsection or the section of the general statutes that governs such contract. Notwithstanding subsection (a) of section 4-176, the authority may not on its own motion initiate a proceeding to review a contract described in this subsection. (2) The authority shall review such contract claims brought pursuant to subdivision (1) of this subsection. The authority shall decide such contract claims by issuing a declaratory ruling or a final decision in a contested case proceeding, including ordering legal and equitable contract remedies. Any party to such contract shall have the right to appeal to the Superior Court from any such declaratory ruling or final decision adjudicating such contract claims pursuant to subsection (a) of this section. Sec. 2. Section 16-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): The utility commissioners of the Public Utilities Regulatory Authority, or their designees, while engaged in the performance of their duties may, at all reasonable times, enter any premises, buildings, cars, plants or other places belonging to or controlled by any public service company, [or] electric supplier or person involved in the transportation of gas, as such terms are defined in section 16-280a, and any person obstructing or in any way causing to be obstructed or hindered any utility commissioner of the Public Utilities Regulatory Authority or employee of the Public Utilities Regulatory Authority in the performance of his or her duties shall be fined not more than two hundred dollars or imprisoned not more than six months, or both. Sec. 3. Section 16-8a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) No public service company, as defined in section 16-1, as amended by this act, holding company, as defined in section 16-47, person involved in the transportation of gas, as such terms are defined in section 16-280a, or Nuclear Regulatory Commission licensee operating a nuclear power generating facility in this state, or person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to such public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16- 280a, or licensee, may take or threaten to take any retaliatory action against an employee for the employee's disclosure of (1) any matter involving the substantial misfeasance, malfeasance or nonfeasance in the management of such public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, or licensee, or (2) information pursuant to section 31-51m. Any employee found to have knowingly made a false disclosure shall be subject to disciplinary action by the employee's employer, up to and including dismissal. (b) Any employee of such a public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, or licensee, or of any person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to such a public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, or licensee, having knowledge of any of the following may transmit all facts and information in the employee's possession to the Public Utilities Regulatory Authority: (1) Any matter involving substantial misfeasance, malfeasance or nonfeasance in the management of such public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, or licensee; or (2) any matter involving retaliatory action or the threat of retaliatory action taken against an employee who has reported the misfeasance, malfeasance or nonfeasance, in the management of such public service company, holding company, person involved in the transportation of gas, as

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such terms are defined in section 16-280a, or licensee. With regard to any matter described in subdivision (1) of this subsection, the authority shall investigate such matter in accordance with the provisions of section 16-8 and shall not disclose the identity of such employee without the employee's consent unless it determines that such disclosure is unavoidable during the course of the investigation. With regard to any matter described in subdivision (2) of this subsection, the matter shall be handled in accordance with the procedures set forth in subsections (c) and (d) of this section. (c) (1) Not more than ninety business days after receipt of a written complaint, in a form prescribed by the authority, by an employee alleging the employee's employer has retaliated against an employee in violation of subsection (a) of this section, the authority shall make a preliminary finding in accordance with this subsection. (2) Not more than five business days after receiving a written complaint, in a form prescribed by the authority, the authority shall notify the employer by certified mail. Such notification shall include a description of the nature of the charges and the substance of any relevant supporting evidence. The employer may submit a written response and both the employer and the employee may present rebuttal statements in the form of affidavits from witnesses and supporting documents and may meet with the authority informally to respond verbally about the nature of the employee's charges. The authority shall consider in making its preliminary finding as provided in subdivision (3) of this subsection any such written and verbal responses, including affidavits and supporting documents, received by the authority not more than twenty business days after the employer receives such notice. Any such response received after twenty business days shall be considered by the authority only upon a showing of good cause and at the discretion of the authority. The authority shall make its preliminary finding as provided in subdivision (3) of this subsection based on information described in this subdivision, without a public hearing. (3) Unless the authority finds by clear and convincing evidence that the adverse employment action was taken for a reason unconnected with the employee's report of substantial misfeasance, malfeasance or nonfeasance, there shall be a rebuttable presumption that an employee was retaliated against in violation of subsection (a) of this section if the authority finds that: (A) The employee had reported substantial misfeasance, malfeasance or nonfeasance in the management of the public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, or licensee; (B) the employee was subsequently discharged, suspended, demoted or otherwise penalized by having the employee's status of employment changed by the employee's employer; and (C) the subsequent discharge, suspension, demotion or other penalty followed the employee's report closely in time. (4) If such findings are made, the authority shall issue an order requiring the employer to immediately return the employee to the employee's previous position of employment or an equivalent position pending the completion of the authority's full investigatory proceeding pursuant to subsection (d) of this section. (d) Not later than thirty days after making a preliminary finding in accordance with the provisions of subsection (c) of this section, the authority shall initiate a full investigatory proceeding in accordance with the provisions of section 16-8, at which time the employer shall have the opportunity to rebut the presumption. The authority may issue orders, impose civil penalties, order payment of back pay or award attorneys' fees in a manner that conforms with the notice and hearing provisions in section 16-41, as amended by this act, against a public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, or licensee or a person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to such public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16- 280a, or licensee, in order to enforce the provisions of this section. (e) If an employee or former employee of such a public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, or licensee, or of a person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to such a public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, or licensee, having knowledge of any matter involving the substantial misfeasance, malfeasance or nonfeasance in the management of such public service company, holding company, person involved in the

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transportation of gas, as such terms are defined in section 16-280a, or licensee, enters into an agreement with the employee's employer that contains a provision directly or indirectly discouraging the employee from presenting a written complaint or testimony concerning such misfeasance, malfeasance or nonfeasance in any legislative, administrative or judicial proceeding, such provision shall be void as against public policy. (f) The Public Utilities Regulatory Authority shall adopt regulations, in accordance with chapter 54, to carry out the provisions of this section. Such regulations shall include the following: (1) The procedures by which a complaint may be brought pursuant to subsection (a) of this section; (2) the time period in which such a complaint may be brought; (3) the time period by which the authority shall render a decision pursuant to subsection (d) of this section; (4) the form on which written complaints shall be submitted to the authority by an employee pursuant to subsection (c) of this section; and (5) the requirement that a notice be posted in the workplace informing all employees of any public service company, holding company, person involved in the transportation of gas, as such terms are defined in section 16-280a, and licensee and of any person, firm, corporation, contractor or subcontractor directly or indirectly providing goods or services to a company or licensee, as defined in subsection (b) of this section, of their rights under this section, including the right to be reinstated in accordance with subsection (c) of this section. Sec. 4. Section 16-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): The Public Utilities Regulatory Authority shall, so far as is practicable, keep fully informed as to the condition of the plant, equipment and manner of operation of all public service companies and persons involved in the transportation of gas, as such terms are defined in section 16-280a, in respect to their adequacy and suitability to accomplish the duties imposed upon such companies by law and in respect to their relation to the safety of the public and of the employees of such companies. The authority may order such reasonable improvements, repairs or alterations in such plant or equipment, or such changes in the manner of operation, as may be reasonably necessary in the public interest. The general purposes of this section and sections 16-19, 16-25, 16-43 and 16- 47 are to assure to the state of Connecticut its full powers to regulate its public service companies, to increase the powers of the Public Utilities Regulatory Authority and to promote local control of the public service companies of this state, and said sections shall be so construed as to effectuate these purposes. Sec. 5. Section 16-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): Each public service company, [and] electric supplier and person involved in the transportation of gas, as such terms are defined in section 16-280a, subject to regulation by the Public Utilities Regulatory Authority shall, in the event of any accident attended with personal injury or involving public safety, which was or may have been connected with or due to the operation of its or his property, or caused by contact with the wires of any public service company or electric supplier, notify the authority thereof, by telephone or otherwise, as soon as may be reasonably possible after the occurrence of such accident, unless such accident is a minor accident, as defined by regulations of the authority. Each such person, company or electric supplier shall report such minor accidents to the authority in writing, in summary form, once each month. If notice of such accident, other than a minor accident, is given otherwise than in writing, it shall be confirmed in writing within five days after the occurrence of such accident. Any person, company or electric supplier failing to comply with the provisions of this section shall be fined not more than five hundred dollars for each offense. Sec. 6. Subsection (a) of section 16-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) Each (1) public service company and its officers, agents and employees, (2) electric supplier or person providing electric generation services without a license in violation of section 16-245, and its officers, agents and employees, (3) certified telecommunications provider or person providing telecommunications services without authorization pursuant to sections 16-247f to 16-247h, inclusive, and its officers, agents and employees, (4) person, public agency or public utility, as such terms are defined in section 16-345, subject to the requirements of chapter 293, (5) person subject to the registration requirements under section 16-258a, (6) cellular mobile telephone carrier, as described in section 16-250b, (7) Connecticut electric efficiency partner, as

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defined in section 16-243v, (8) company, as defined in section 16-49, as amended by this act, [and] (9) entity approved to submeter pursuant to section 16-19ff, and (10) person involved in the transportation of gas, as such terms are defined in section 16-280a, shall obey, observe and comply with all applicable provisions of this title and each applicable order made or applicable regulations adopted by the Public Utilities Regulatory Authority by virtue of this title as long as the same remains in force. Any such company, electric supplier, certified telecommunications provider, cellular mobile telephone carrier, Connecticut electric efficiency partner, entity approved to submeter, person, any officer, agent or employee thereof, public agency or public utility which the authority finds has failed to obey or comply with any such provision of this title, order or regulation shall be fined by order of the authority in accordance with the penalty prescribed for the violated provision of this title or, if no penalty is prescribed, not more than ten thousand dollars for each offense, except that the penalty shall be a fine of not more than forty thousand dollars for failure to comply with an order of the authority made in accordance with the provisions of section 16-19 or 16-247k or within thirty days of such order or within any specific time period for compliance specified in such order. Each distinct violation of any such provision of this title, order or regulation shall be a separate offense and, in case of a continued violation, each day thereof shall be deemed a separate offense. Each such penalty and any interest charged pursuant to subsection (g) or (h) of section 16-49, as amended by this act, shall be excluded from operating expenses for purposes of rate-making. Sec. 7. Section 16-280e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) Any person that violates any provision of the federal act, any regulation issued under the federal act, any provision of this chapter or any regulation adopted by the authority pursuant to subsection (b) or (c) of section 16-280b, shall be subject to a civil penalty not to exceed the higher of the maximum civil penalty provided under 49 USC 60122(a), as amended, or 49 CFR 190.223(a), as amended from time to time. (b) Any such civil penalty may be compromised by the Public Utilities Regulatory Authority. In determining the amount of such penalty, or the amount agreed upon in compromise, the authority shall consider the criteria set forth in 49 USC 60122(b), as amended. (c) Nothing in this section shall be construed to limit the penalties available under section 16- 33. Sec. 8. (NEW) (Effective from passage) (a) For purposes of this section: (1) "Covered task" means an activity that is performed on a pipeline facility and that affects the safety or integrity of the pipeline; and (2) "Evaluation" means a process, established and documented by the operator, to determine an individual's ability to perform a covered task by a (A) a written or oral examination, and (B) observation during performance on the job or simulations. (b) In addition to the minimum requirements for operator qualification of individuals performing covered tasks on a pipeline facility pursuant to 49 CFR 192, Subpart N, the requirements of this section shall be applicable to such operators in the state. (c) Each operator shall: (1) Evaluate an individual if the operator has reason to believe that the individual did not correctly perform a covered task; (2) Train all individuals to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform covered tasks in a manner that ensures the safe operation of pipeline facilities; (3) Document in a plan the training requirements, including, but not limited to, the minimum training time for each covered task; (4) Conduct evaluations more than forty-eight hours after training; (5) Ensure that the evaluation process is performed by operator personnel or independent third-party contractors; (6) Ensure that the evaluation process evaluates task-specific abnormal operating conditions; (7) Ensure that inspectors are qualified for the covered tasks they are inspecting; (8) Ensure that the training and evaluation process is specific to the operator's plans, procedures and standards; and

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(9) Ensure that the written qualification program includes a training and evaluation process for personnel performing engineering tasks. Sec. 9. (NEW) (Effective from passage) (a) Any person involved in the transportation of gas, as such terms are defined in section 16-280a of the general statutes, except persons involved in the transportation of propane, shall utilize geographic information systems to map all of such person's pipeline facilities, as defined in section 16-280a of the general statutes. (b) Any person involved in the transportation of gas, as such terms are defined in section 16- 280a of the general statutes, except persons involved in the transportation of propane, shall provide remote real-time, read-only access to all of such person's electronic systems, if the authority determines that such access will be beneficial in keeping the authority fully informed as to the condition of a plant, equipment and manner of operation pursuant to section 16-11 of the general statutes, as amended by this act. Sec. 10. (NEW) (Effective from passage) On or before October 1, 2019, and on or before October first of each year thereafter, any person involved in the transportation of gas, as such terms are defined in section 16-280a of the general statutes, except persons involved in the transportation of natural gas, shall submit to the authority, on a form prescribed by the authority, information the authority deems relevant about such person's propane distribution systems that are subject to the jurisdiction of the authority. Any changes to such information submitted shall be submitted to the authority within thirty days of such change. Sec. 11. Section 16-356 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): Any person, public agency or public utility which the Public Utilities Regulatory Authority determines, after notice and opportunity for a hearing as provided in section 16-41, as amended by this act, to have failed to comply with any provision of this chapter or any regulation adopted under section 16-357 shall forfeit and pay to the state a civil penalty of not more than forty thousand dollars, provided any violation involving the failure of a public utility to mark any approximate location of an underground utility facility correctly or within the time frames prescribed by regulation, which violation did not result in any property damage or personal injury and was not the result of an act of gross negligence on the part of the public utility, shall not result in a civil penalty of more than one thousand dollars. Any civil penalty assessed for any violation involving the failure of a public utility to properly or timely mark any approximate location of an underground facility shall be paid by the person, public agency or public utility to whom the notice is addressed. If any such person, public agency or public utility recovers any portion of the penalty from any person, the authority may direct such person, public agency or public utility to forfeit such recovered penalty, as provided in such notice. Notwithstanding the provisions contained in subsection (d) of section 16-41, the person, public agency or public utility receiving a notice of violation pursuant to subsection (c) of section 16-41 shall have thirty days from the date of receipt of the notice in which to deliver to the authority a written application for a hearing. Sec. 12. Section 16-243a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): [(a) As used in this section, "avoided costs" means the incremental costs to an electric public service company, municipal electric energy cooperative organized under chapter 101a or municipal electric utility organized under chapter 101, of electric energy or capacity or both which, but for the purchase from a private power producer, as defined in section 16-243b, such company, cooperative or utility would generate itself or purchase from another source. (b) Each electric public service company, municipal electric energy cooperative and municipal electric utility shall: (1) Purchase any electrical energy and capacity made available, directly by a private power producer or indirectly under subdivision (4) of this subsection; (2) sell backup electricity to any private power producer in its service territory; (3) make such interconnections in accordance with the regulations adopted pursuant to subsection (h) of this section necessary to accomplish such purchases and sales; (4) upon approval by the Public Utilities Regulatory Authority of an application filed by a willing private power producer, transmit energy or capacity from the private power producer to any other such company, cooperative or utility or to another facility operated by the private power producer; and (5) offer to operate in parallel with a private power producer. In making a decision on an application filed under subdivision (4) of this subsection, the authority shall consider whether such transmission would

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(A) adversely impact the customers of the company, cooperative or utility which would transmit energy or capacity to the private power producer, (B) result in an uncompensated loss for, or unduly burden, such company, cooperative, utility or private power producer, (C) impair the reliability of service of such company, cooperative or utility, or (D) impair the ability of the company, cooperative or utility to provide adequate service to its customers. The authority shall issue a decision on such an application not later than one hundred twenty days after the application is filed, provided, the authority may, before the end of such period and upon notifying all parties and intervenors to the proceeding, extend the period by thirty days. If the authority does not issue a decision within one hundred twenty days after receiving such an application, or within one hundred fifty days if the authority extends the period in accordance with the provisions of this subsection, the application shall be deemed to have been approved. The requirements under subdivisions (3), (4) and (5) of this subsection shall be subject to reasonable standards for operating safety and reliability and the nondiscriminatory assessment of costs against private power producers, approved by the Public Utilities Regulatory Authority with respect to electric public service companies or determined by municipal electric energy cooperatives and municipal electric utilities. (c) The Public Utilities Regulatory Authority, with respect to electric public service companies, and each municipal electric energy cooperative and municipal electric utility shall establish rates and conditions of service for: (1) The purchase of electrical energy and capacity made available by a private power producer; and (2) the sale of backup electricity to a private power producer. The rates for electricity purchased from a private power producer shall be based on the full avoided costs of the electric public service company, municipal electric energy cooperative or municipal electric utility, regardless of whether the purchaser is simultaneously making sales to the private power producer. Payment for energy and capacity purchased from a private power producer by any such company, cooperative or utility shall be pursuant to such rates and conditions or the terms of a contract between the parties. The rates and conditions of service for the purchase of energy and capacity established by the authority pursuant to this subsection shall include specific schedules for pricing in long-term contracts for the sale of electricity from small renewable power projects to electric public service companies by private power producers. Such schedules shall not exceed the present worth of the projected avoided costs of the electric public service company over the term of the contract. The authority shall apply to a proposed contract filed with the authority after January 1, 1992, by a private power producer for a small renewable power project the rates and conditions of service, including the pricing schedule, in effect on the date the private power producer submits its proposed contract to the authority, regardless of the subsequent creation of differing schedules or the subsequent amendment of existing schedules. (d) When any person, firm or corporation proposes to enter into a contract to sell energy and capacity as a private power producer, an electric public service company, municipal electric energy cooperative or municipal electric utility shall respond promptly to all requests and offers and negotiate in good faith to arrive at a contract which fairly reflects the provisions of this section and the anticipated avoided costs over the life of the contract. Upon application by a private power producer, the authority may approve a contract which provides for payment of less than the anticipated avoided costs if, considering all of the provisions, the contract is at least as favorable to the private power producer as a contract providing for the full avoided costs. The contract may extend for a period of not more than thirty years at the option of the private power producer if it has a generating facility with a capacity of at least one hundred kilowatts. (e) The authority shall consider generating capacity available from cogeneration technology and renewable energy resources in its periodic reviews of electric public service companies and shall require the companies to include the availability of such capacity in applications for rate relief filed in accordance with section 16-19a. (f) If a private power producer believes that an electric distribution company has violated any provision of this section it may submit a written petition alleging such violation to the authority. Upon receipt of the petition, the authority shall fix a time and place for a hearing and mail notice of the hearing to the parties in interest at least one week in advance. Upon the hearing, the authority may, if it finds the company has violated any such provision, prescribe the manner in which it shall comply.

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(g) After January 1, 1992, the authority shall approve each proposed contract submitted by a private power producer for a small renewable power project, with any modifications agreed to by the parties to the contract, if the filing meets the standards for exemption from the proposal process and for an approvable contract established pursuant to section 16-6b, and is consistent with the pricing schedules adopted pursuant to subsection (c) of this section. Nothing in this section shall preclude a modification of such a contract if the parties to the contract agree to the modification. Any such modification shall be approved by the authority. The authority shall reconsider each decision issued pursuant to this section between January 1, 1992, and June 29, 1993, regarding such contracts and shall make any modifications to each such decision necessary to ensure that each such decision conforms with the provisions of this section. (h) Not later than January 1, 2008, the Public Utilities Regulatory Authority shall issue a final decision approving interconnection standards that meet or exceed national standards of interconnectivity. If the authority does not issue a final decision by October 1, 2008, each electric distribution company, municipal electric energy cooperative and municipal electric utility shall meet the standards set forth in Title 4, Chapter 4, Subchapter 9, "Net Metering and Interconnection Standards for Class I Renewable Energy Systems" of the New Jersey Administrative Code.] (a) As used in this title, "PURPA" means the Public Utilities Regulatory Policies Act of 1978, codified at 18 USC 824a-3, and its implementing regulations, 18 CFR 292, as amended from time to time, and "Qualifying Facilities" or "QF" has the same meaning as provided in 18 CFR 292.101(b)(1). (b) As used in section 16-243b, as amended by this act, "avoided costs" means the costs avoided by an electric distribution company as a result of purchasing power or capacity from a qualifying facility, as approved by the Public Utilities Regulatory Authority in accordance with section 16-243b, as amended by this act, and that do not result in costs greater than those which the purchasing electric distribution company would incur if such electric distribution company did not make such purchases and instead purchased electricity or capacity from the regional wholesale electricity markets. Sec. 13. Section 16-243b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): [(a) As used in this title: (1) "Private power production facility" means a facility which generates electricity in the state (A) solely through the use of cogeneration technology, provided the average useful thermal energy output of the facility is at least twenty per cent of the total energy output of the facility, (B) solely through the use of renewable energy sources, or (C) through both only; (2) "Useful thermal energy output" means the thermal energy made available for use in any industrial or commercial process, or used in any heating or cooling application; (3) "Private power producer" means (A) a subsidiary of a gas public service company which is not affiliated with an electric public service company, or a subsidiary of a holding company controlling, directly or indirectly, a gas public service company but not an electric public service company, which generates electricity solely through ownership of fifty per cent or less of a private power production facility or, with the approval of the Public Utilities Regulatory Authority, through ownership of one hundred per cent of a private power production facility which (i) uses a source of energy other than gas as the primary energy source of the facility, or (ii) uses gas as the primary energy source of the facility and uses an improved and innovative technology which furthers the state energy policy as set forth in section 16a-35k, (B) a subsidiary of any other public service company or a subsidiary of a holding company controlling, directly or indirectly, such a public service company, which generates electricity solely through ownership of fifty per cent or less of a private power production facility, (C) the state, a political subdivision of the state or any other person, firm or corporation other than a public service company or any corporation which was a public service company, prior to July 1, 1981, and which consents to be regulated as a public service company or a holding company for a public service company, which generates electricity solely through ownership of one hundred per cent or less of a private power production facility, or (D) any combination thereof; (4) "Private power provider" means any person, firm, corporation, nonprofit corporation, limited liability company, governmental entity, or other entity, including any public service company, holding company, or subsidiary, which provides energy conservation or demand

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management measures pursuant to section 16-243f and regulations and orders issued hereunder, which replace the need for electricity generating capacity that electric public service companies would otherwise require; (5) "Electricity conservation or demand management measures" means the provision pursuant to this section and section 16-243f and regulations and orders adopted hereunder by a private power provider to an electric public service company or its customers of equipment or services or both designed to conserve electricity or to manage electricity load; and (6) "Small renewable power project" means any private power production facility which has a capacity of five megawatts or less and is fueled by a renewable resource, as defined in section 16a- 2, other than wood. (b) No provision of this section shall limit the jurisdiction of the Public Utilities Regulatory Authority with regard to the effects on a public service company of a private power producer which is an affiliate or a subsidiary of the public service company.] (a) Each electric distribution company shall file with the Public Utilities Regulatory Authority for review and approval three pro forma tariffs for the purchase of energy and capacity from eligible qualifying facilities from which the electric distribution company is obligated to purchase energy or capacity pursuant to 18 CFR 292.303. Tariffs required pursuant to this section shall address each of the following types of PURPA transactions: (1) Energy-only qualifying facility sales; (2) capacity-only qualifying facility sales; and (3) energy and capacity qualifying facility sales. (b) The Public Utilities Regulatory Authority shall conduct an uncontested proceeding to review tariffs submitted pursuant to subsection (a) of this section. The authority shall approve tariffs that it determines satisfy the requirements of PURPA and any other requirements the authority deems appropriate. (c) Each tariff submitted pursuant to subsection (a) of this section shall establish a process by which qualifying facilities may elect to be compensated either: (1) Based on avoided costs calculated at the time of delivery; or (2) based on avoided costs forecasted at the time an obligation to purchase arises pursuant to 18 CFR 292.303. Sec. 14. Subdivision (24) of subsection (b) of section 7-233e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (24) To contract for the purchase or exchange of electricity produced by a [person using cogeneration technology or renewable fuel resources] Qualifying Facility, as defined in [section 16-1] 18 CFR 292.101(b)(1), or for the sale or exchange of electricity produced by the municipal cooperative to such person, provided such purchase, sale or exchange [is subject to the rates and conditions of service established in accordance with section 16-243a] complies with the rates and conditions of service established in 18 CFR 292; Sec. 15. Section 12-408b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): On and after July 1, 1991, any person, firm or corporation who pays a sales and use tax, which tax would not have been due prior to July 1, 1991, pursuant to subdivision (39) of section 12-412 of the general statutes, revision of 1958, revised to January 1991, shall recover the tax paid by (1) adding such tax to any amounts otherwise payable [under a sales contract] pursuant to a tariff approved by the Public Utilities Regulatory Authority pursuant to [subsection (d) of] section 16-243a, as amended by this act, and (2) amortizing such tax, together with interest at the rate paid on front-loaded payments, over the life of a sales contract approved by the department pursuant to said [subsection (d)] section. Sec. 16. Subdivision (3) of subsection (a) of section 16-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (3) "Public service company" includes electric distribution, gas, telephone, pipeline, sewage, water and community antenna television companies and holders of a certificate of cable franchise authority, owning, leasing, maintaining, operating, managing or controlling plants or parts of plants or equipment, but shall not include towns, cities, boroughs, any municipal corporation or department thereof, whether separately incorporated or not, a [private power producer] producer Qualifying Facility, as defined in [section 16-243b] 18 CFR 292.101(b)(1), or an exempt wholesale generator, as defined in 15 USC 79z-5a;

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Sec. 17. Subdivision (23) of subsection (a) of section 16-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (23) "Electric distribution company" or "distribution company" means any person providing electric transmission or distribution services within the state, but does not include: (A) A [private power producer] Qualifying Facility, as defined in [section 16-243b] 18 CFR 292.101(b)(1); (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) an electric supplier; (G) an entity approved to submeter pursuant to section 16-19ff; or (H) a municipality, state or federal governmental entity authorized to distribute electricity across a public highway or street pursuant to section 16-243aa; Sec. 18. Subsection (a) of section 16-50i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (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 or having a design capacity of less than twenty per cent of its specified minimum yield strength; (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 (A) [owned and operated by a private power producer, as defined in section 16-243b, (B) which is a qualifying small power production facility or a qualifying cogeneration facility under the Public Utility Regulatory Policies Act of 1978, as amended] which is a Qualifying Facility, as defined in 18 CFR 292.101(b)(1), or a facility determined by the council to be primarily for a producer's own use, and [(C)] (B) which has, in the case of a [facility] Qualifying Facility utilizing renewable energy sources, a generating capacity of one megawatt of electricity or less and, in the case of a [facility] Qualifying 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 or a certified telecommunications provider or used in a cellular system, as defined in [the Code of Federal Regulations Title 47, Part 22] 47 CFR 22, as amended, which may have a substantial adverse environmental effect, as said council shall, by regulation, prescribe; Sec. 19. Section 16a-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): [(a)] The Public Utilities Regulatory Authority shall require each gas and electric public service company to implement a cost effective conservation and load management program consistent with integrated resource planning principles. As part of each conservation and load management program, the authority shall require specific programs to target the needs of manufacturers. The authority shall allow the gas or electric public service company either: (1) To earn a return on prudently incurred multiyear conservation and load management expenditures on programs and measures approved by the authority included in the company's rate base and successfully implemented by the company at a rate at least one percentage point but no more than five percentage points higher than such company's rate of return otherwise found to be reasonable; or (2) authorize a return of at least one percentage point but no more than five percentage points on the company's prudently incurred conservation and load management expenditures treated as operating costs on programs and measures approved by the authority and successfully implemented by the company. For the purposes of this section, "conservation and load

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management expenditures" shall include all prudent expenditures, approved by the authority by gas or electric public service companies designed to conserve energy or manage gas or energy load. [(b) The authority may authorize an electric public service company a return on such company's expenditures in acquiring energy conservation or load management measures, approved by the authority, from private power providers, as defined in section 16-243b.] Sec. 20. Section 49-4c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): Any mortgage entered into subsequent to July 1, 1986, between a [private power producer, as defined in section 16-243b, or the owner or operator of a qualifying facility] Qualifying Facility, as defined in [Part 292 of Title 18 of the Code of Federal Regulations] 18 CFR 292, or a guarantor of any of their respective obligations, as mortgagor, and an electric distribution company, as defined in section 16-1, as amended by this act, as mortgagee, shall be valid to secure all obligations then existing or thereafter arising of the mortgagor to the mortgagee under an electricity purchase [agreement] tariff, including, without limitation, recovery of amounts paid to [the private power producer or] the owner or operator of a [qualifying facility] Qualifying Facility by the mortgagee in excess of the mortgagee's avoided costs, as defined in accordance with tariffs approved by the Public Utilities Regulatory Authority pursuant to section 16-243a, as amended by this act, and all other damages for failure to deliver electric energy or capacity or other breach of an electricity purchase agreement, including, without limitation, the net replacement cost of the capacity being secured by such mortgage, together with accrued interest, if any, as computed in accordance with the terms of the electricity purchase agreement or the mortgage, and under a guarantee of such obligations or obligations created by the mortgage, and shall have priority over the rights of others who shall acquire any rights in the property covered by such mortgage subsequent to the recording of the mortgage in the land records of the town in which the mortgaged property is situated provided: (1) The electricity purchase [agreement] tariff is substantially in the form approved by the Public Utilities Regulatory Authority pursuant to section 16-243a, as amended by this act, and shall have been entered into by the mortgagor and mortgagee prior to or simultaneously with or subsequent to the execution and delivery of the mortgage, (2) the caption to the mortgage shall contain the words "Open-End Mortgage" and ["Electricity Purchase Agreement"] "Electricity Purchase Tariff", (3) the mortgage shall state that it is entered into to secure the mortgagor's obligations to the mortgagee under an electricity purchase [agreement] tariff or under a guarantee of any electricity purchase [agreement] tariff obligations and shall recite either the address of an office of the mortgagee or its assignee in the state at which a copy of the electricity purchase [agreement] tariff is on file and may be inspected by the public during normal business hours or that the electricity purchase [agreement] tariff has been recorded, as an exhibit to the mortgage or otherwise, on or before the date the mortgage is recorded, in the land records of the town in which the mortgaged property is situated, provided the electricity purchase [agreement] tariff shall be so recorded, (4) the amount of the obligation from time to time secured by the mortgage may be determined or reasonably approximated on the basis of records maintained by the mortgagee or its assignee in the state, which records and an estimate of the amount claimed by the mortgagee to be secured are made available to the public with reasonable promptness upon written request, and (5) the mortgage states the maximum amount which it shall secure. Nothing in this section shall invalidate any mortgage which would be valid without this section. For purposes of this section, ["electricity purchase agreement"] "electricity purchase tariff" means [a contract or] an agreement to purchase and sell electric energy or capacity by and between [a private power producer, as defined in section 16-243b, or] the owner or operator of a [qualifying facility] Qualifying Facility, as defined in [Part 292 of Title 18 of the Code of Federal Regulations] 18 CFR 292.101(b)(1), and an electric distribution company, as defined in section 16-1, as amended by this act. Sec. 21. Subsection (d) of section 16-245n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (d) (1) (A) The Connecticut Green Bank is hereby established and created as a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental

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function. The Connecticut Green Bank shall not be construed to be a department, institution or agency of the state. (B) The Connecticut Green Bank shall (i) develop separate programs to finance and otherwise support clean energy investment in residential, municipal, small business and larger commercial projects and such others as the Connecticut Green Bank may determine; (ii) support financing or other expenditures that promote investment in clean energy sources in accordance with a comprehensive plan developed by it to foster the growth, development and commercialization of clean energy sources and related enterprises; and (iii) stimulate demand for clean energy and the deployment of clean energy sources within the state that serve end use customers in the state. (C) The Clean Energy Finance and Investment Authority shall constitute a successor agency to Connecticut Innovations, Incorporated, for the purposes of administering the Clean Energy Fund in accordance with section 4-38d. The Connecticut Green Bank shall constitute a successor agency to the Clean Energy Finance and Investment Authority for purposes of administering the Clean Energy Fund in accordance with section 4-38d. The Connecticut Green Bank shall have all the privileges, immunities, tax exemptions and other exemptions of Connecticut Innovations, Incorporated, with respect to said fund. The Connecticut Green Bank shall be subject to suit and liability solely from the assets, revenues and resources of said bank and without recourse to the general funds, revenues, resources or other assets of Connecticut Innovations, Incorporated. The Connecticut Green Bank may provide financial assistance in the form of grants, loans, loan guarantees or debt and equity investments, as approved in accordance with written procedures adopted pursuant to section 1-121. The Connecticut Green Bank may assume or take title to any real property, convey or dispose of its assets and pledge its revenues to secure any borrowing, convey or dispose of its assets and pledge its revenues to secure any borrowing, for the purpose of developing, acquiring, constructing, refinancing, rehabilitating or improving its assets or supporting its programs, provided each such borrowing or mortgage, unless otherwise provided by the board or said bank, shall be a special obligation of said bank, which obligation may be in the form of bonds, bond anticipation notes or other obligations which evidence an indebtedness to the extent permitted under this chapter to fund, refinance and refund the same and provide for the rights of holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others, and which shall be payable solely from the assets, revenues and other resources of said bank and such bonds may be secured by a special capital reserve fund contributed to by the state. The Connecticut Green Bank shall have the purposes as provided by resolution of said bank's board of directors, which purposes shall be consistent with this section. No further action is required for the establishment of the Connecticut Green Bank, except the adoption of a resolution for said bank. (D) In addition to, and not in limitation of, any other power of the Connecticut Green Bank set forth in this section or any other provision of the general statutes, said bank shall have and may exercise the following powers in furtherance of or in carrying out its purposes: (i) To have perpetual succession as a body corporate and to adopt bylaws, policies and procedures for the regulation of its affairs and the conduct of its business; (ii) To make and enter into all contracts and agreements that are necessary or incidental to the conduct of its business; (iii) To invest in, acquire, lease, purchase, own, manage, hold, sell and dispose of real or personal property or any interest therein; (iv) To borrow money or guarantee a return to investors or lenders; (v) To hold patents, copyrights, trademarks, marketing rights, licenses or other rights in intellectual property; (vi) To employ such assistants, agents and employees as may be necessary or desirable, who shall be exempt from the classified service and shall not be employees, as defined in subsection (b) of section 5-270; establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation and retirement, and said bank shall not be an employer, as defined in subsection (a) of section 5-270; and engage consultants, attorneys, financial advisers, appraisers and other professional advisers as may be necessary or desirable; (vii) To invest any funds not needed for immediate use or disbursement pursuant to investment policies adopted by said bank's board of directors;

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(viii) To procure insurance against any loss or liability with respect to its property or business of such types, in such amounts and from such insurers as it deems desirable; (ix) To enter into joint ventures and invest in, and participate with any person, including, without limitation, government entities and private corporations, in the formation, ownership, management and operation of business entities, including stock and nonstock corporations, limited liability companies and general or limited partnerships, formed to advance the purposes of said bank, provided members of the board of directors or officers or employees of said bank may serve as directors, members or officers of any such business entity, and such service shall be deemed to be in the discharge of the duties or within the scope of the employment of any such director, officer or employee, as the case may be, so long as such director, officer or employee does not receive any compensation or financial benefit as a result of serving in such role; (x) To enter into a memorandum of understanding or other arrangements with Connecticut Innovations, Incorporated, with respect to the provision or sharing of space, office systems or staff administrative support, on such terms as may be agreed to between said bank and Connecticut Innovations, Incorporated; and (xi) To do all other acts and things necessary or convenient to carry out the purposes of said bank. (E) (i) The Connecticut Green Bank may form one or more subsidiaries to carry out the purposes of said bank, as described in subparagraph (B) of subdivision (1) of this subsection and subparagraph (A)(ii) of subdivision (2) of this subsection, and may transfer to any such subsidiary any moneys and real or personal property of any kind or nature. Any subsidiary may be organized as a stock or nonstock corporation or a limited liability company. Each such subsidiary shall have and may exercise such powers of said bank, as set forth in the resolution of the board of directors of said bank prescribing the purposes for which such subsidiary is formed, and such other powers provided to it by law. (ii) No such subsidiary of said bank shall be deemed a quasi-public agency for purposes of chapter 12 and no such subsidiary shall have all the privileges, immunities, tax exemptions and other exemptions of said bank. In no event shall any such subsidiary have the power to hire or otherwise retain employees. The governing documents of any such subsidiary shall provide for the dissolution of such subsidiary upon the completion of the purpose for which such subsidiary was formed. Each such subsidiary may sue and shall be subject to suit, provided its liability shall be limited solely to the assets, revenues and resources of the subsidiary and without recourse to the general funds, revenues, resources or any other assets of said bank. Each such subsidiary is authorized to assume or take title to property subject to any existing lien, encumbrance or mortgage and to mortgage, convey or dispose of its assets and pledge its revenues to secure any borrowing, provided each such borrowing or mortgage shall be a special obligation of the subsidiary, which obligation may be in the form of bonds, bond anticipation notes and other obligations, to fund and refund the same and provide for the rights of the holders thereof, and to secure the same by a pledge of revenues, notes and other assets and which shall be payable solely from the revenues, assets and other resources of the subsidiary. The Connecticut Green Bank may assign to a subsidiary any rights, moneys or other assets it has under any governmental program. No subsidiary of said bank shall borrow without the approval of the board of directors of said bank. (iii) Each such subsidiary shall act through its board of directors or managing members, at least one-half of which shall be members of the board of directors of said bank or their designees or officers or employees of said bank. (iv) The provisions of section 1-125 and this subsection shall apply to any officer, director, designee or employee appointed as a member, director or officer of any such subsidiary. Any such person so appointed shall not be personally liable for the debts, obligations or liabilities of any such subsidiary as provided in section 1-125. The subsidiary shall, and said bank may, save harmless and indemnify such officer, director, designee or employee as provided by section 1-125. (v) The Connecticut Green Bank, or such subsidiary, may take such actions as are necessary to comply with the provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, to qualify and maintain any such subsidiary as a corporation exempt from taxation under said code.

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(vi) The Connecticut Green Bank may make loans to each such subsidiary from its assets and the proceeds of its bonds, notes and other obligations, provided the source and security for the repayment of such loans is derived from the assets, revenues and resources of the subsidiary. (2) (A) (i) The Connecticut Green Bank may seek to qualify as a Community Development Financial Institution under Section 4702 of the United States Code. If approved as a Community Development Financial Institution, said bank would be treated as a qualified community development entity for purposes of Section 45D and Section 1400N(m) of the Internal Revenue Code. (ii) The Connecticut Green Bank through one or more of its subsidiaries may seek to qualify as an eligible borrower of federal funding or a recipient of benefits under federal programs, including, but not limited to, funding or credit enhancement benefits from the United States Department of Agriculture pursuant to the Rural Electrification Act of 1936 and subsequent amendments. (B) Before making any loan, loan guarantee, or such other form of financing support or risk management for a clean energy project, the Connecticut Green Bank shall develop standards to govern the administration of said bank through rules, policies and procedures that specify borrower eligibility, terms and conditions of support, and other relevant criteria, standards or procedures. (C) Funding sources specifically authorized include, but are not limited to: (i) Funds repurposed from existing programs providing financing support for clean energy projects, provided any transfer of funds from such existing programs shall be subject to approval by the General Assembly and shall be used for expenses of financing, grants and loans; (ii) Any federal funds that can be used for the purposes specified in subsection (c) of this section; (iii) Charitable gifts, grants, contributions as well as loans from individuals, corporations, university endowments and philanthropic foundations; (iv) Earnings and interest derived from financing support activities for clean energy projects backed by the Connecticut Green Bank; (v) If and to the extent that the Connecticut Green Bank qualifies as a Community Development Financial Institution under Section 4702 of the United States Code, funding from the Community Development Financial Institution Fund administered by the United States Department of Treasury, as well as loans from and investments by depository institutions seeking to comply with their obligations under the United States Community Reinvestment Act of 1977; and (vi) The Connecticut Green Bank may enter into contracts with private sources to raise capital. The average rate of return on such debt or equity shall be set by the board of directors of said bank. (D) The Connecticut Green Bank may provide financing support under this subsection if said bank determines that the amount to be financed by said bank and other nonequity financing sources do not exceed eighty per cent of the cost to develop and deploy a clean energy project or up to one hundred per cent of the cost of financing an energy efficiency project. (E) The Connecticut Green Bank may assess reasonable fees on its financing activities to cover its reasonable costs and expenses, as determined by the board. (F) The Connecticut Green Bank shall make information regarding the rates, terms and conditions for all of its financing support transactions available to the public for inspection, including formal annual reviews by both a private auditor conducted pursuant to subdivision (2) of subsection (f) of this section and the Comptroller, and providing details to the public on the Internet, provided public disclosure shall be restricted for patentable ideas, trade secrets, proprietary or confidential commercial or financial information, disclosure of which may cause commercial harm to a nongovernmental recipient of such financing support and for other information exempt from public records disclosure pursuant to section 1-210. (3) No director, officer, employee or agent of the Connecticut Green Bank, while acting within the scope of his or her authority, shall be subject to any personal liability resulting from exercising or carrying out any of the Connecticut Green Bank's purposes or powers. Sec. 22. Subdivision (1) of subsection (e) of section 16-245n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

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(e) (1) The powers of the Connecticut Green Bank shall be vested in and exercised by a board of directors, which shall consist of eleven voting members and [two] one nonvoting [members] member each with knowledge and expertise in matters related to the purpose and activities of said bank appointed as follows: The Treasurer or the Treasurer's designee, the Commissioner of Energy and Environmental Protection or the commissioner's designee and the Commissioner of Economic and Community Development or the commissioner's designee, each serving ex officio, one member who shall represent a residential or low-income group appointed by the speaker of the House of Representatives for a term of four years, one member who shall have experience in investment fund management appointed by the minority leader of the House of Representatives for a term of three years, one member who shall represent an environmental organization appointed by the president pro tempore of the Senate for a term of four years, and one member who shall have experience in the finance or deployment of renewable energy appointed by the minority leader of the Senate for a term of four years. Thereafter, such members of the General Assembly shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. The Governor shall appoint four members to the board as follows: Two for two years who shall have experience in the finance of renewable energy; one for four years who shall be a representative of a labor organization; and one for four years who shall have experience in research and development or manufacturing of clean energy. Thereafter, the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. The president of the Connecticut Green Bank shall be elected by the members of the board. The president of the Connecticut Green Bank shall serve on the board in an ex-officio, nonvoting capacity. The Governor shall appoint the chairperson of the board. The board shall elect from its members a vice chairperson and such other officers as it deems necessary and shall adopt such bylaws and procedures it deems necessary to carry out its functions. The board may establish committees and subcommittees as necessary to conduct its business. Sec. 23. Sections 16-243d, 16-243f and 16-243g of the general statutes are repealed. (Effective from passage)" This act shall take effect as follows and shall amend the following sections:

Section 1 from passage 16-35 Sec. 2 from passage 16-7 Sec. 3 from passage 16-8a Sec. 4 from passage 16-11 Sec. 5 from passage 16-16 Sec. 6 from passage 16-41(a) Sec. 7 from passage 16-280e Sec. 8 from passage New section Sec. 9 from passage New section Sec. 10 from passage New section Sec. 11 from passage 16-356 Sec. 12 from passage 16-243a Sec. 13 from passage 16-243b Sec. 14 from passage 7-233e(b)(24) Sec. 15 from passage 12-408b Sec. 16 from passage 16-1(a)(3) Sec. 17 from passage 16-1(a)(23) Sec. 18 from passage 16-50i(a) Sec. 19 from passage 16a-49 Sec. 20 from passage 49-4c Sec. 21 from passage 16-245n(d) Sec. 22 October 1, 2019 16-245n(e)(1) Sec. 23 from passage Repealer section

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The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9:08 p.m.:

Total Number Voting ...... 33 Necessary for Adoption ...... 17 Those voting Yea ...... 33 Those voting Nay ...... 0 Those absent and not voting ...... 3

On the roll call vote Senate Bill No. 960 as amended by Senate Amendment Schedule “A” (LCO 10278) was passed.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY Y 20 PAUL M. FORMICA Y 3 SAUD ANWAR Y 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY Y 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER A 7 JOHN A. KISSEL Y 25 BOB DUFF A 8 KEVIN D. WITKOS Y 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN Y 30 CRAIG MINER Y 13 MARY ABRAMS Y 31 HENRI MARTIN Y 14 JAMES MARONEY Y 32 ERIC BERTHEL Y 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN Y 16 ROBERT SAMPSON Y 34 LEONARD FASANO A 17 GEORGE LOGAN Y 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS Y 36 ALEX BERGSTEIN

The following Senator(s) abstained under Senate Rule 15:

Senator Kissel of the 7th District Senator Witkos of the 8th District Senator Logan of the 17th District

BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE BILL PLACED ON CONSENT CALENDAR NO. 1

The following bill was taken from the table, read the third time, the report of the Committee accepted and the bill placed on the Consent Calendar.

FINANCE, REVENUE AND BONDING. Substitute for S.B. No. 1130 (RAISED) (File No. 922) AN ACT CONCERNING VARIOUS INITIATIVES AT THE UNIVERSITY OF CONNECTICUT.

Senator Fonfara of the 1st explained the bill, offered Senate Amendment Schedule “A” (LCO 10215) and moved adoption.

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Remarking were Senators Witkos of the 8th, Haskell of the 26th, and Flexer of the 29th.

On a voice vote the amendment was adopted.

The following is the Amendment:

Strike everything after the enacting clause and substitute the following in lieu thereof: "Section 1. Section 10a-104c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): (a) The Board of Trustees of The University of Connecticut shall develop, continuously maintain and revise from time to time a program to facilitate the recruitment of eminent faculty and their research staffs to the university. Such program shall support economic development in the state through faculty research and promote core [competency areas] sectors of the state economy by accelerating the pace of applied research and development. Such program shall supplement the compensation of such faculty and related costs of personnel and materials needed to secure such faculty for the university. Eligibility shall be limited to [scientists] individuals who have demonstrated excellence in their field of research and have an interest in working collaboratively [with other scientists at the university and an interest in commercialization of their research] on research that meets societal needs or commercialization of discoveries, innovations or technologies. [(b) No funds shall be expended under this section until the president of The University of Connecticut certifies to the Secretary of the Office of Policy and Management that the university or the university's foundation established pursuant to sections 4-37e and 4-37f has received written commitments for financial support from industry or other sources of not less than two million dollars for purposes identified in subsection (a) of this section.] (b) Not later than April 1, 2020, and biennially thereafter, said board shall develop a plan for the recruitment and hiring of research faculty, including those whose research is focused on societal needs or can be commercialized. Such plan shall outline the operating and capital costs associated with the plan and include recruitment and hiring goals. The president of The University of Connecticut shall submit an annual report, in accordance with the provisions of section 11-4a, on the university's progress in meeting such hiring goals to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and finance, revenue and bonding. Sec. 2. (NEW) (Effective July 1, 2019) (a) On and after October 1, 2019, the president of The University of Connecticut shall spearhead efforts to promote the university's entrepreneurship and innovation to prospective students and prospective faculty in ways the president deems appropriate. (b) The Board of Trustees of The University of Connecticut shall release for open, public use and freely license any and all patents held by the board that have not been utilized for commercialization or otherwise licensed for a period of ten years or more, provided the inventor is first offered the right to license the patent. (c) The Board of Trustees of The University of Connecticut and the president of The University of Connecticut shall build and foster, through a series of activities, a culture of innovation and entrepreneurship among the students enrolled at each campus of The University of Connecticut. Such activities shall include, but need not be limited to, organizing and hosting regular networking events for student and faculty entrepreneurs, and the support of relevant student clubs and organizations. (d) The Board of Trustees of The University of Connecticut and the president of The University of Connecticut shall seek to build entrepreneurial relationships, when feasible and practical, between The University of Connecticut and other interested public or independent institutions of higher education in the state that are engaged in entrepreneurial efforts, including, but not limited to, Yale University. Sec. 3. (Effective July 1, 2019) (a) The president of The University of Connecticut shall oversee (1) the benchmarking and review of technology transfer policies at other leading institutions of higher education, and (2) the development of a plan concerning such transfer

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policies. In developing such plan, the president shall solicit input from members of the CTNext board of directors established pursuant to section 32-39f of the general statutes and the Higher Education Entrepreneurship Advisory Committee established pursuant to section 32-39t of the general statutes, as amended by this act, at not less than one meeting each of the CTNext board of directors and the advisory committee. (b) The plan developed under subsection (a) of this section shall include: (1) Recommendations for reforming the technology transfer policies of the university, including recommendations (A) to maximize the number of new business ventures formed through the commercialization of faculty and student research, giving greater priority to the financial interests of such business ventures than to the recoupment of patent-related or other royalties or profit for the university, (B) to focus the university's technology transfer policies on start-up business formation rather than patent licensing, (C) for funding, staffing levels and staff organization necessary to achieve such plan, and (D) any other recommendations requested by the board of trustees; (2) Recommendations, goals and funding needed to foster faculty and student entrepreneurship at the university and the creation of an alumni mentor network to assist student entrepreneurs and faculty with the formation of business ventures. Such recommendations shall include best practices for alumni mentor networks that shall be shared with CTNext or the Higher Education Entrepreneurship Advisory Committee; (3) Recommendations for (A) the continuous improvement of the policies set forth under subparagraph (A) of subdivision (1) of this subsection, taking into consideration best practices of entrepreneurship, and (B) actionable measures to increase the creation and support of new business ventures; (4) Recommendations, if any, of changes to the recruitment and hiring plan and goals set forth in subsection (b) of section 10a-104c of the general statutes, as amended by this act; (5) Consideration of all funds available to The University of Connecticut and legislative recommendations, if any, to changes in the funding levels of the university; (6) Development of a comprehensive plan of metrics to be used for the tracking and analysis of the university's success in facilitating the creation of new business ventures based on faculty and student research; (7) An analysis of comparative rankings made by qualified experts of institutions of higher education in the United States, with respect to such institutions' success in entrepreneurship and innovation, including a ranking of The University of Connecticut, and identification of a ranking or a range of rankings said university shall seek to attain; (8) An assessment of current and future space needed on the university's campuses to serve as gathering places for student entrepreneurs and other individuals who support the development of student business ventures, including any projected construction or renovation costs to meet such space needs; and (9) Recommendations for ways the university can assist other institutions of higher education in the state to foster entrepreneurship and innovation. (c) Not later than January 1, 2020, the president of The University of Connecticut shall submit the plan developed under this section to the Board of Trustees of The University of Connecticut. Not later than March 1, 2020, said board shall either approve such plan or request modifications to such plan. The president shall be provided thirty days after receiving a request for modifications to submit a revised plan to said board. Upon final approval of the plan, said board shall submit such plan, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and finance, revenue and bonding and to the CTNext board of directors. Each of said committees shall raise a bill during the 2020 or 2021 regular session to implement any legislative recommendations contained in such plan. Said board may adopt a resolution to implement the recommendations for the university that are contained in such plan. Sec. 4. Section 32-39t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): (a) There shall be a Higher Education Entrepreneurship Advisory Committee within CTNext. Such committee shall consist of members appointed by the CTNext board of directors, including, but not limited to: (1) An equal number of representatives of public and private institutions of

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higher education; (2) one baccalaureate student representative; (3) one graduate student representative; (4) one high school student who shall be a nonvoting member; and (5) three serial entrepreneurs having experience as an entrepreneur in residence at an institution of higher education. Such members shall be subject to term limits prescribed by the CTNext board. All initial appointments to the committee pursuant to this subsection shall be made not later than June 1, 2017. Each member shall hold office until a successor is appointed. For the purposes of this section, "serial entrepreneur" means an entrepreneur having brought one or more start-up businesses to venture capital funding by an institutional investor. (b) The executive director of CTNext shall call the first meeting of the advisory committee not later than June 15, 2017. The advisory group shall select chairpersons of the advisory group during such meeting. The advisory committee shall meet not less than quarterly thereafter and at such other times as the chairperson deems necessary. (c) No member of the advisory committee shall receive compensation for such member's service, except that each member shall be entitled to reimbursement for actual and necessary expenses incurred during the performance of such member's official duties. (d) A majority of members of the advisory committee shall constitute a quorum for the transaction of any business or the exercise of any power of the advisory committee. The advisory committee may act by a majority of the members present at any meeting at which a quorum is in attendance, for the transaction of any business or the exercise of any power of the advisory committee, except as otherwise provided in this section. (e) Every member of the advisory committee shall be deemed a member of an advisory board for purposes of chapter 10. (f) Any institution of higher education, or partnership of one or more institutions of higher education, may submit an application for higher education entrepreneurship grant-in-aid to the advisory committee, on a form prescribed by the advisory committee. (g) The advisory committee shall review applications for grants-in-aid submitted to it pursuant to this section. The advisory committee may recommend approval of any such application to the CTNext board of directors if it determines that the application is consistent with and in furtherance of the master plan for entrepreneurship at public and private institutions of higher education developed pursuant to section 32-39s. The advisory committee shall give priority for grants-in-aid to applications (1) including collaborative initiatives between institutions of higher education, and (2) supporting individual institutions of higher education to develop alumni mentor networks, entrepreneurs-in-residence programs, university proof of concept funds and student business start-up accelerators, when such individual institutions demonstrate that such networks, programs, funds and accelerators are not feasible for operation across multiple institutions of higher education." This act shall take effect as follows and shall amend the following sections:

Section 1 July 1, 2019 10a-104c Sec. 2 July 1, 2019 New section Sec. 3 July 1, 2019 New section Sec. 4 July 1, 2019 32-39t

Senator Fasano of the 34th offered Senate Amendment Schedule “B” (LCO 10416) and moved adoption.

Remarking was Senator Formica of the 20th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9:36 p.m.:

Total Number Voting ...... 35 Necessary for Adoption ...... 18 Those voting Yea ...... 12 Those voting Nay ...... 23

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Those absent and not voting ...... 1

On the roll call vote Senate Amendment Schedule “B” (LCO 10416) was rejected.

The following is the roll call vote:

N 1 JOHN W. FONFARA N 19 CATHERINE A. OSTEN N 2 DOUGLAS MCCRORY Y 20 PAUL M. FORMICA N 3 SAUD ANWAR Y 21 KEVIN KELLY N 4 STEVE CASSANO N 22 MARILYN MOORE N 5 DEREK SLAP N 23 DENNIS BRADLEY Y 6 GENNARO BIZZARRO N 24 JULIE KUSHNER Y 7 JOHN A. KISSEL N 25 BOB DUFF Y 8 KEVIN D. WITKOS N 26 WILL HASKELL N 9 MATTHEW LESSER N 27 CARLO LEONE N 10 GARY WINFIELD Y 28 TONY HWANG N 11 MARTIN M. LOONEY N 29 MAE M. FLEXER N 12 CHRISTINE COHEN Y 30 CRAIG MINER N 13 MARY ABRAMS Y 31 HENRI MARTIN N 14 JAMES MARONEY Y 32 ERIC BERTHEL N 15 JOAN V. HARTLEY N 33 NORM NEEDLEMAN Y 16 ROBERT SAMPSON Y 34 LEONARD FASANO A 17 GEORGE LOGAN N 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

The following is the Amendment:

After the last section, add the following and renumber sections and internal references accordingly: "Sec. 501. (NEW) (Effective October 1, 2019) Notwithstanding any provision of the general statutes, no employee of The University of Connecticut shall be paid an annual salary greater than two hundred thousand dollars without first submitting a notice of such salary to the joint standing committee of the General Assembly having cognizance of matters relating to higher education." This act shall take effect as follows and shall amend the following sections:

Sec. 501 October 1, 2019 New section

Senator Fasano of the 34th offered Senate Amendment Schedule “C” (LCO 10369) and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9:46 p.m.:

Total Number Voting ...... 35 Necessary for Adoption ...... 18 Those voting Yea ...... 9 Those voting Nay ...... 26 Those absent and not voting ...... 1

On the roll call vote Senate Amendment Schedule “C” (LCO 10369) was rejected.

The following is the roll call vote:

- 1156 - May 31, 2019] JOURNAL OF THE SENATE

N 1 JOHN W. FONFARA N 19 CATHERINE A. OSTEN N 2 DOUGLAS MCCRORY Y 20 PAUL M. FORMICA N 3 SAUD ANWAR Y 21 KEVIN KELLY N 4 STEVE CASSANO N 22 MARILYN MOORE N 5 DEREK SLAP N 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO N 24 JULIE KUSHNER N 7 JOHN A. KISSEL N 25 BOB DUFF N 8 KEVIN D. WITKOS N 26 WILL HASKELL N 9 MATTHEW LESSER N 27 CARLO LEONE N 10 GARY WINFIELD Y 28 TONY HWANG N 11 MARTIN M. LOONEY N 29 MAE M. FLEXER N 12 CHRISTINE COHEN Y 30 CRAIG MINER N 13 MARY ABRAMS Y 31 HENRI MARTIN N 14 JAMES MARONEY Y 32 ERIC BERTHEL N 15 JOAN V. HARTLEY N 33 NORM NEEDLEMAN Y 16 ROBERT SAMPSON Y 34 LEONARD FASANO A 17 GEORGE LOGAN N 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS N 36 ALEX BERGSTEIN

The following is the Amendment:

After the last section, add the following and renumber sections and internal references accordingly: "Sec. 501. (NEW) (Effective July 1, 2019) Notwithstanding sections 3-123i and 10a-105 of the general statutes, for the fiscal year ending June 30, 2020, and for each fiscal year thereafter, no state appropriation for State Comptroller-Fringe Benefits shall be used to fund the unfunded pension liability portion allocated to employees of The University of Connecticut or The University of Connecticut Health Center." This act shall take effect as follows and shall amend the following sections:

Sec. 501 July 1, 2019 New section

On motion of Senator Fonfara of the 1st, the bill as amended by Senate Amendment Schedule “A” (LCO 10215) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

ENVIRONMENT. Substitute for S.B. No. 1062 (RAISED) (File No. 661) AN ACT AUTHORIZING MUNICIPAL CLIMATE CHANGE AND COASTAL RESILIENCY RESERVE FUNDS.

Senator Cohen of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 7978) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment:

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Strike everything after the enacting clause and substitute the following in lieu thereof: "Section 1. (NEW) (Effective July 1, 2019) (a) Upon the recommendation of the chief executive officer of a municipality and approval of the budget-making authority of the municipality, the legislative body of any municipality, as defined in section 7-369 of the general statutes, may, by a majority vote, create a Climate Change and Coastal Resiliency Reserve Fund. (b) Upon the recommendation of the chief executive officer and approval of the budget- making authority and the legislative body in accordance with subsection (a) of this section, there shall be paid into such reserve fund: (1) Amounts authorized to be transferred into such Climate Change and Coastal Resiliency Reserve Fund from the general fund cash surplus available at the end of any fiscal year, and (2) the proceeds of bonds, notes or other obligations issued pursuant to subsection (b) of section 7-374b of the general statutes. (c) The budget-making authority of such municipality may, from time to time, direct the treasurer to invest a portion of such Climate Change and Coastal Reserve Fund as in the opinion of such authority is advisable, provided: (1) Not more than forty per cent, or with respect to such a reserve fund for which the budget-making authority has adopted an asset allocation and investment policy, fifty per cent, of the total amount of such reserve fund shall be invested in equity securities, and (2) any portion of such reserve fund not invested pursuant to subdivision (1) of this subsection may be invested in: (A) Bonds or obligations of, or guaranteed by, the state or the United States, or agencies or instrumentalities of the United States, (B) certificates of deposit, commercial paper, savings accounts and bank acceptances, (C) the obligations of any state of the United States or any political subdivision thereof or the obligations of any instrumentality, authority or agency of any state or political subdivision thereof, if, at the time of investment, such obligations are rated in the top rating categories of any nationally recognized rating service or of any rating service recognized by the Banking Commissioner, and applicable to such obligations, (D) the obligations of any regional school district in this state, of any municipality in this state or any metropolitan district in this state, if, at the time of investment, such obligations of such government entity are rated in one of the top two rating categories of any nationally recognized rating service or of any rating service recognized by the Banking Commissioner, and applicable to such obligations, (E) in any fund in which a trustee may invest pursuant to section 36a-353 of the general statutes, (F) investment agreements with financial institutions whose long-term obligations are rated in the top two rating categories of any nationally recognized rating service or of any rating service recognized by the Banking Commissioner or whose short-term obligations are rated in the top rating category of any nationally recognized rating service or of any rating service recognized by the Banking Commissioner, or (G) investment agreements fully secured by obligations of, or guaranteed by, the United States or agencies or instrumentalities of the United States. (d) The municipal treasurer shall submit, annually, a complete and detailed report of the condition of such Climate Change and Coastal Resiliency Reserve Fund to the chief elected official, budget-making authority and legislative body of such municipality. Such report shall be made a part of such municipality's annual report. (e) Upon the recommendation of the chief elected official and budget-making authority of such municipality and the approval of the legislative body of such municipality, any part, or the whole, of such reserve fund may be used and appropriated to pay for municipal property losses, capital projects and studies related to mitigating hazards and vulnerabilities of climate change including, but not limited to, land acquisition. (f) Such reserve fund may be discontinued, after recommendation by the chief elected official and budget-making authority of such municipality to the legislative body and upon approval of such discontinuation by such legislative body. Following any such vote to discontinue such reserve fund, any remaining portion of such fund shall be converted into, or added to, a sinking fund to provide for the retirement of the bonded indebtedness of such municipality. If the municipality has no bonded indebtedness, the remainder of such fund shall be transferred to the general fund of such municipality." This act shall take effect as follows and shall amend the following sections:

Section 1 July 1, 2019 New section

- 1158 - May 31, 2019] JOURNAL OF THE SENATE

Senator Fasano of the 34th offered Senate Amendment Schedule “B” (LCO 10434) and moved adoption.

Remarking was Senator Miner of the 30th.

Senator Cohen of the 12th requested that the vote be taken by roll call.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10:00 p.m.:

Total Number Voting ...... 35 Necessary for Adoption ...... 18 Those voting Yea ...... 14 Those voting Nay ...... 21 Those absent and not voting ...... 1

On the roll call vote Senate Amendment Schedule “B” (LCO 10434) was rejected.

The following is the roll call vote:

N 1 JOHN W. FONFARA N 19 CATHERINE A. OSTEN N 2 DOUGLAS MCCRORY Y 20 PAUL M. FORMICA N 3 SAUD ANWAR Y 21 KEVIN KELLY N 4 STEVE CASSANO N 22 MARILYN MOORE N 5 DEREK SLAP N 23 DENNIS BRADLEY Y 6 GENNARO BIZZARRO N 24 JULIE KUSHNER Y 7 JOHN A. KISSEL N 25 BOB DUFF Y 8 KEVIN D. WITKOS N 26 WILL HASKELL N 9 MATTHEW LESSER N 27 CARLO LEONE N 10 GARY WINFIELD Y 28 TONY HWANG N 11 MARTIN M. LOONEY N 29 MAE M. FLEXER N 12 CHRISTINE COHEN Y 30 CRAIG MINER N 13 MARY ABRAMS Y 31 HENRI MARTIN N 14 JAMES MARONEY Y 32 ERIC BERTHEL N 15 JOAN V. HARTLEY N 33 NORM NEEDLEMAN Y 16 ROBERT SAMPSON Y 34 LEONARD FASANO A 17 GEORGE LOGAN Y 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS Y 36 ALEX BERGSTEIN

The following is the Amendment:

After subsection (f) of section 1, insert the following: "(g) Any funds contained in such reserve fund shall not be used to calculate a municipality's ability to pay in connection with any labor agreement."

Remarking was Senator Hwang of the 28th

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10:12 p.m.:

Total Number Voting ...... 35 Necessary for Adoption ...... 18

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Those voting Yea ...... 35 Those voting Nay ...... 0 Those absent and not voting ...... 1

On the roll call vote Senate Bill No. 1062 as amended by Senate Amendment Schedule “A” (LCO 7978) was passed.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY Y 20 PAUL M. FORMICA Y 3 SAUD ANWAR Y 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY Y 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER Y 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS Y 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN Y 30 CRAIG MINER Y 13 MARY ABRAMS Y 31 HENRI MARTIN Y 14 JAMES MARONEY Y 32 ERIC BERTHEL Y 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN Y 16 ROBERT SAMPSON Y 34 LEONARD FASANO A 17 GEORGE LOGAN Y 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS Y 36 ALEX BERGSTEIN

BUSINESS ON THE CALENDAR FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES BILLS PLACED ON CONSENT CALENDAR NO. 1

The following bills were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on the Consent Calendar.

JUDICIARY. Substitute for S.B. No. 936 (RAISED) (File No. 325) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE OFFICE OF EARLY CHILDHOOD.

Senator McCrory of the 2nd explained the bill, offered Senate Amendment Schedule “A” (LCO 9948) and moved adoption.

Remarking was Senator Berthel of the 32nd

On a voice vote the amendment was adopted.

The following is the Amendment:

Strike line 105 in its entirety and insert the following in lieu thereof: "149, facility licensed pursuant to section 17a-145 or with a relative or fictive kin caregiver pursuant to section 17a-114." In line 120, strike "17a-149 or facility" and insert "17a-149, facility" in lieu thereof In line 121, after "145" insert "or with a relative or fictive kin caregiver pursuant to section 17a-114"

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In line 135, after "act" insert ", but does not include a person who is providing child care services under the child care subsidy program (i) exclusively to children with whom such person is related, and (ii) without being issued a license to provide child care services by the Office of Early Childhood" After the last section, add the following and renumber sections and internal references accordingly: "Sec. 501. (NEW) (Effective July 1, 2019) (a) Upon receipt of an application for approval to work as a head teacher or an educational consultant in a licensed child care center or group child care home, the Commissioner of Early Childhood shall issue such approval to any person who satisfies the requirements established by regulations adopted pursuant to section 19a-79 of the general statutes, as amended by this act. (b) Whenever the Commissioner of Early Childhood has reason to believe that any person who has been issued an approval to work as a head teacher or an educational consultant in a licensed child care center or group child care home, pursuant to subsection (a) of this section, (1) has failed substantially to comply with the regulations adopted pursuant to section 19a-79 of the general statutes, as amended by this act, (2) has knowingly made or causes to be made any false or misleading statements to the Office of Early Childhood, or (3) has engaged in any other behavior that renders the person unsuitable to so work as a head teacher or an educational consultant, the commissioner may notify such person in writing of the commissioner's intention to suspend or revoke such approval. Such notice shall be served by certified mail stating the particular reasons for the intended suspension or revocation. Such person may, if aggrieved by such intended suspension or revocation, make application for a hearing in writing over such person's signature to the commissioner. Such person shall state in the application in plain language the reasons why such person claims to be aggrieved. The application shall be delivered to the commissioner not later than thirty days after such person's receipt of notification of the intended suspension or revocation. The commissioner shall thereupon hold a hearing or cause a hearing to be held not later than sixty days after receipt of such application and shall, at least ten days prior to the date of such hearing, mail a notice, giving the time and place of the hearing, to such person. The hearing may be conducted by the commissioner or by a hearing officer appointed by the commissioner in writing. Such person and the commissioner or hearing officer may issue subpoenas requiring the attendance of witnesses. Such person shall be entitled to be represented by counsel and a transcript of the hearing shall be made. If the hearing is conducted by a hearing officer, the hearing officer shall state the hearing officer's findings and make a recommendation to the commissioner on the issue of suspension or revocation. The commissioner, based upon the findings and recommendation of the hearing officer, or after a hearing conducted by the commissioner, shall render the commissioner's decision in writing suspending, revoking or continuing such approval. A copy of the decision shall be sent by certified mail to such person. The decision suspending or revoking such approval shall become effective thirty days after it is mailed by registered or certified mail to such person. Any person aggrieved by the decision of the commissioner may appeal as provided in section 19a-85 of the general statutes. Any person whose approval has been revoked pursuant to this subsection shall be ineligible to apply for an approval for a period of one year from the effective date of revocation. (c) The provisions of this section shall not apply to the denial of an initial application for an approval to work as a head teacher or an educational consultant in a licensed child care center or group child care home, pursuant to subsection (a) of this section, provided the commissioner shall notify the applicant of any such denial and the reasons for such denial by mailing written notice to the applicant at the applicant's address shown on the application for such approval. Sec. 502. (NEW) (Effective July 1, 2019) Any child care center or group child care home that is licensed with a preschool endorsement, in accordance with regulations adopted pursuant to section 19a-79 of the general statutes, as amended by this act, may deem a child who is thirty-two to thirty-six months of age, inclusive, to be three years of age for purposes of enrolling such child in a preschool program provided by such center or home, provided such center or home receives written authorization from such child's parent or guardian and the program director to so enroll such child in the preschool program." This act shall take effect as follows and shall amend the following sections:

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Sec. 501 July 1, 2019 New section Sec. 502 July 1, 2019 New section

On motion of Senator McCrory of the 2nd, the bill as amended by Senate Amendment Schedule “A” (LCO 9948) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

JUDICIARY. Substitute for S.B. No. 939 (RAISED) (File No. 839) AN ACT CONCERNING PSYCHIATRIC COMMITMENT EVALUATIONS.

Senator Winfield of the 10th explained the bill and moved passage.

Remarking were Senators Kissel of the 7th, Somers of the 18th and Kelly of the 21st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10:37 p.m.:

Total Number Voting ...... 35 Necessary for Adoption ...... 18 Those voting Yea ...... 26 Those voting Nay ...... 9 Those absent and not voting ...... 1

On the roll call vote Senate Bill No. 939 was passed.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA Y 3 SAUD ANWAR N 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY N 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER Y 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS Y 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN N 30 CRAIG MINER Y 13 MARY ABRAMS N 31 HENRI MARTIN Y 14 JAMES MARONEY N 32 ERIC BERTHEL Y 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN N 16 ROBERT SAMPSON N 34 LEONARD FASANO A 17 GEORGE LOGAN N 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS Y 36 ALEX BERGSTEIN

- 1162 - May 31, 2019] JOURNAL OF THE SENATE

BUSINESS ON THE CALENDAR FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES BILLS PLACED ON CONSENT CALENDAR NO. 1

The following bills were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on the Consent Calendar.

PLANNING AND DEVELOPMENT. S.B. No. 1082 (RAISED) (File No. 736) AN ACT CONCERNING THE CONSOLIDATION OF PUBLIC SAFETY ANSWERING POINTS.

Senator Hartley of the 15th explained the bill, offered Senate Amendment Schedule “A” (LCO 10368) and moved adoption.

Remarking were Senators Cassano of the 4th, Berthel of the 32nd, Champagne of the 35th, Needleman of the 33rd, Anwar of the 3rd and Formica of the 20th.

On a voice vote the amendment was adopted.

The following is the Amendment:

Strike everything after the enacting clause and substitute the following in lieu thereof: "Section 1. Section 28-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) There is established a Division of State-Wide Emergency Telecommunications which shall be within the Department of Emergency Services and Public Protection. The Division of State- Wide Emergency Telecommunications shall be responsible for developing and maintaining a state-wide emergency service telecommunications policy. In connection with said policy, the division shall: (1) Develop a state-wide emergency service telecommunications plan specifying emergency police, fire and medical service telecommunications systems needed to provide coordinated emergency service telecommunications to all state residents, including the physically disabled; (2) (A) Develop and administer an enhanced emergency 9-1-1 program, which shall provide for: [(A)] (i) The replacement of existing 9-1-1 terminal equipment for each public safety answering point; [(B)] (ii) the subsidization of regional public safety emergency telecommunications centers, with enhanced subsidization (I) for municipalities with a population of forty thousand or more, [; (C)] and (II) pursuant to subparagraph (B) of this subdivision, for such centers serving at least one municipality with a population of one hundred thousand or more as of July 1, 2016; (iii) the establishment of [a transition grant program] incentives to encourage regionalization of public safety answering points, [; (D)] which incentives shall include, but not be limited to, a transition grant program; (iv) the establishment of a regional emergency telecommunications service credit in order to support regional dispatch services; and [(E)] (v) the implementation of the next generation 9-1-1 telecommunication system; (B) (i) Beginning July 1, 2019, and ending on the date a regulation described in subparagraph (B)(v) of this subdivision is posted on the eRegulations System by the Secretary of the State in accordance with section 4-172, or on May 1, 2020, whichever is sooner, enhanced subsidization payments for any regional public safety emergency telecommunications center described in subparagraph (A)(ii)(II) of this subdivision shall be calculated in accordance with the provisions of this subparagraph, provided subsidization payments for regional public safety emergency telecommunications centers other than those described in said subparagraph shall not be decreased as a result of such calculation. (ii) As used in this subparagraph: (I) "Division" means the Division of State-Wide Emergency Telecommunications; (II) "RPOP" means the aggregate population of the towns or cities served by the regional public safety emergency telecommunications center as determined by the most recent population figures from the Department of Public Health;

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(III) "RPV" means the regional population value calculated by identifying the total annual subsidy paid by the division for the fiscal year ending June 30, 2018, to all regional public safety emergency telecommunications centers, multiplying such total annual subsidy payment by twenty- five per cent, and dividing such product by the aggregate population of the towns or cities served by all such centers in existence on December 31, 2017, as determined by the population figures from the Department of Public Health on said date; (IV) "RCV" means the regional call value calculated by the total annual subsidy paid by the division for the fiscal year ending June 30, 2017, to all regional public safety emergency telecommunications centers, multiplying such total annual subsidy by seventy-five per cent, and dividing such product by the number of 9-1-1 calls received for the fiscal year ending June 30, 2018, at all such centers in existence on December 31, 2017; (V) "RCALL" means the average, over the most recent three calendar years, of the number of 9-1-1 calls annually received by a regional public safety emergency telecommunications center; and (VI) "RT" means the enhanced subsidization payment calculated under this subdivision for a regional public safety emergency telecommunications center described in subparagraph (A)(ii)(II) of this subdivision. (iii) (I) On July 1, 2020, and annually thereafter, RPV and RCV shall be adjusted by the division in accordance with any increase in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the three calendar years preceding such adjustment. (II) In the case of a member town or city of a regional public safety emergency telecommunications center for which such center does not provide emergency police, fire and medical services and emergency medical dispatch services, the RPOP and RCALL of such town or city shall not be included in such center's totals for the purpose of calculating enhanced subsidization payments under this subdivision, except that if such town or city is served exclusively by the Connecticut State Police for law enforcement purposes, the RPOP and RCALL of such town or city shall be so included only to the extent of the provision of emergency police services. (iv) The enhanced subsidization payment for a regional public safety emergency telecommunications center described in subparagraph (A)(ii)(II) of this subdivision shall be calculated as follows: RT = (RPOP x RPV) + (RCALL x RCV). (v) The provisions of this subparagraph shall cease to be effective on the date of the posting on the eRegulations System by the Secretary of the State in accordance with section 4-172 of a regulation adopted by the division pursuant to subsection (b) of this section that incorporates a substantially similar formula for the calculation of enhanced subsidization payments under this subparagraph, or on May 1, 2020, whichever is sooner. Until such provisions cease to be effective, the division shall examine the application of a cost-of-living adjustment to such formula and, not later than February 15, 2020, report to the joint standing committee of the General Assembly having cognizance of matters relating to public safety, in accordance with the provisions of section 11-4a, on such examination including any recommendations for legislative action. (3) Provide technical telecommunications assistance to state and local police, fire and emergency medical service agencies; (4) Provide frequency coordination for such agencies; (5) Coordinate and assist in state-wide planning for 9-1-1, E 9-1-1 and the next generation 9- 1-1 telecommunication systems, with a focus on facilitating the regionalization of public safety answering points; (6) Review and make recommendations concerning proposed legislation affecting emergency service telecommunications; (7) Review and make recommendations to the General Assembly concerning emergency service telecommunications funding, including ways to reduce costs by removing barriers to consolidation of existing public safety answering points; and (8) On or before January first of each year, prepare the annual budget for the use of funds from the Enhanced 9-1-1 Telecommunications Fund and submit such budget to the Secretary of the Office of Policy and Management for the secretary's review and approval. On or before

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January fifteenth of each year, said secretary shall submit a report concerning the proposed use of such funds to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, finance, revenue and bonding, and public safety in accordance with the provisions of section 11-4a. (b) The Commissioner of Emergency Services and Public Protection shall adopt regulations, in accordance with chapter 54, establishing eligibility standards for state financial assistance to local or regional police, fire and emergency medical service agencies providing emergency service telecommunications. Not later than April 1, 1997, the commissioner shall adopt regulations, in accordance with chapter 54, in order to carry out the provisions of subdivision (2) of subsection (a) of this section. Such regulations shall be amended to adopt a formula for the calculation of enhanced subsidization payments that is substantially similar to the formula contained in subparagraph (B) of subdivision (2) of subsection (a) of this section. (c) Within a time period determined by the commissioner to ensure the availability of funds for the fiscal year beginning July 1, 1997, to the regional emergency telecommunications centers within the state, and not later than April first of each year thereafter, the commissioner shall determine the amount of funding needed for the development and administration of the enhanced emergency 9-1-1 program. The commissioner shall specify the expenses associated with (1) the purchase, installation and maintenance of new public safety answering point terminal equipment, (2) the implementation of the subsidy program, as described in subdivision (2) of subsection (a) of this section, (3) the establishment of incentives to encourage regionalization of public safety answering points, including the implementation of the transition grant program, described in subdivision (2) of subsection (a) of this section, (4) the implementation of the regional emergency telecommunications service credit, as described in subdivision (2) of subsection (a) of this section, provided, for the fiscal year ending June 30, 2001, and each fiscal year thereafter, such credit for coordinated medical emergency direction services as provided in regulations adopted under this section shall be based upon the factor of thirty cents per capita and shall not be reduced each year, (5) the training of personnel, as necessary, (6) recurring expenses and future capital costs associated with the telecommunications network used to provide emergency 9-1-1 service and the public safety services data networks, (7) for the fiscal year ending June 30, 2001, and each fiscal year thereafter, the collection, maintenance and reporting of emergency medical services data, as required under subparagraph (A) of subdivision (8) of section 19a-177, provided the amount of expenses specified under this subdivision shall not exceed two hundred fifty thousand dollars in any fiscal year, (8) for the fiscal year ending June 30, 2001, and each fiscal year thereafter, the initial training of emergency medical dispatch personnel, the provision of an emergency medical dispatch priority reference card set and emergency medical dispatch training and continuing education pursuant to subdivisions (3) and (4) of subsection (g) of section 28-25b, (9) the administration of the enhanced emergency 9-1-1 program by the Division of State-Wide Emergency Telecommunications, as the commissioner determines to be reasonably necessary, and (10) the implementation and maintenance of the public safety data network established pursuant to section 29-1j. The commissioner shall communicate the commissioner's findings to the Public Utilities Regulatory Authority not later than April first of each year. (d) The division may apply for, receive and distribute any federal funds available for emergency service telecommunications. The division shall deposit such federal funds in the Enhanced 9-1-1 Telecommunications Fund established pursuant to section 28-30a. (e) The division shall work in cooperation with the Public Utilities Regulatory Authority to carry out the purposes of this section." This act shall take effect as follows and shall amend the following sections:

Section 1 from passage 28-24

On motion of Senator Cassano of the 4th, the bill as amended by Senate Amendment Schedule “A” (LCO 10368) was placed on the Consent Calendar.

TRANSPORTATION. Substitute for S.B. No. 869 (RAISED) (File No. 523) AN ACT CONCERNING RECOMMENDATIONS BY THE CONNECTICUT AIRPORT AUTHORITY

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REGARDING NONBUDGETED EXPENDITURES, THE CONNECTICUT AIRPORT AND AVIATION ACCOUNT AND THE SECURITY EXEMPTION UNDER THE FREEDOM OF INFORMATION ACT.

Senator Leone of the 27th explained the bill, offered Senate Amendment Schedule “A” (LCO 10231) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment:

Strike everything after the enacting clause and substitute the following in lieu thereof: "Section 1. Subsection (b) of section 15-120dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (b) Notwithstanding the provisions of subdivision (3) of subsection (a) of this section, the board of directors may authorize the executive director to make nonbudgeted expenditures of up to [five hundred thousand] one million dollars without prior board approval (1) to restore operations at any airport owned or operated by the authority, if such airport or the equipment of such airport is damaged as a result of a natural disaster or incurs a substantial casualty loss that results in an unsafe condition, or (2) where the failure to act would result in a disruption of airport operations. Not later than twenty-four hours after the executive director makes such nonbudgeted expenditure, the executive director shall provide notification to the chairperson or vice chairperson of the board of the amount of, and reason for, such expenditure. Sec. 2. Section 13b-50c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) There is established an account to be known as the "Connecticut airport and aviation account" which shall be a separate, nonlapsing account within the Grants and Restricted Accounts Fund established pursuant to section 4-31c. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the [Commissioner of Transportation] executive director of the Connecticut Airport Authority, with the approval of the Secretary of the Office of Policy and Management, for [the purposes of] airport and aviation- related purposes. (b) Notwithstanding the provisions of section 13b-61a, on and after the effective date of this section, the Commissioner of Revenue Services shall deposit into said account seventy-five and three-tenths per cent of the amounts received by the state from aviation fuel sources from the tax imposed under section 12-587. Sec. 3. Subdivision (24) of subsection (b) of section 1-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019): (24) Responses to any request for proposals or bid solicitation issued by a public agency, responses by a public agency to any request for proposals or bid solicitation issued by a private entity or any record or file made by a public agency in connection with the contract award process, until such contract is executed or negotiations for the award of such contract have ended, whichever occurs earlier, provided the chief executive officer of such public agency certifies that the public interest in the disclosure of such responses, record or file is outweighed by the public interest in the confidentiality of such responses, record or file;" This act shall take effect as follows and shall amend the following sections:

Section 1 from passage 15-120dd(b) Sec. 2 from passage 13b-50c Sec. 3 October 1, 2019 1-210(b)(24)

Senator Fasano of the 34th offered Senate Amendment Schedule “B” (LCO 7731) and moved adoption.

Senator Fasano of the 34th requested that the vote be taken by roll call.

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The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11:12 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 11 Those voting Nay ...... 25 Those absent and not voting ...... 0

On the roll call vote Senate Amendment Schedule “B” (LCO 7731) was rejected.

The following is the Amendment:

After the last section, add the following and renumber sections and internal references accordingly: "Sec. 501. Subsection (f) of section 15-120bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019): (f) Directors may engage in private employment, or in a profession or business, subject to any applicable laws, rules and regulations of the state or federal government regarding official ethics or conflict of interest. Directors may not serve on a chamber of commerce." This act shall take effect as follows and shall amend the following sections:

Sec. 501 October 1, 2019 15-120bb(f)

The following is the roll call vote:

N 1 JOHN W. FONFARA N 19 CATHERINE A. OSTEN N 2 DOUGLAS MCCRORY N 20 PAUL M. FORMICA N 3 SAUD ANWAR Y 21 KEVIN KELLY N 4 STEVE CASSANO N 22 MARILYN MOORE N 5 DEREK SLAP N 23 DENNIS BRADLEY Y 6 GENNARO BIZZARRO N 24 JULIE KUSHNER N 7 JOHN A. KISSEL N 25 BOB DUFF N 8 KEVIN D. WITKOS N 26 WILL HASKELL N 9 MATTHEW LESSER N 27 CARLO LEONE N 10 GARY WINFIELD Y 28 TONY HWANG N 11 MARTIN M. LOONEY N 29 MAE M. FLEXER N 12 CHRISTINE COHEN Y 30 CRAIG MINER N 13 MARY ABRAMS N 31 HENRI MARTIN N 14 JAMES MARONEY Y 32 ERIC BERTHEL N 15 JOAN V. HARTLEY N 33 NORM NEEDLEMAN Y 16 ROBERT SAMPSON Y 34 LEONARD FASANO Y 17 GEORGE LOGAN Y 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS Y 36 ALEX BERGSTEIN

On motion of Senator Leone of the 27th, the bill as amended by Senate Amendment Schedule “A” (LCO 10231) was placed on the Consent Calendar.

CONSENT CALENDAR NO. 1 ADOPTED

The chair ordered the vote on business placed on the Consent Calendar No. 1 be taken by roll call.

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The following is the result of the vote at 11:15 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 36 Those voting Nay ...... 0 Those absent and not voting ...... 0

On the roll call vote the Consent Calendar No. 1 was adopted.

The following is the roll call vote:

Y 1 JOHN W. FONFARA Y 19 CATHERINE A. OSTEN Y 2 DOUGLAS MCCRORY Y 20 PAUL M. FORMICA Y 3 SAUD ANWAR Y 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE Y 5 DEREK SLAP Y 23 DENNIS BRADLEY Y 6 GENNARO BIZZARRO Y 24 JULIE KUSHNER Y 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS Y 26 WILL HASKELL Y 9 MATTHEW LESSER Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 CHRISTINE COHEN Y 30 CRAIG MINER Y 13 MARY ABRAMS Y 31 HENRI MARTIN Y 14 JAMES MARONEY Y 32 ERIC BERTHEL Y 15 JOAN V. HARTLEY Y 33 NORM NEEDLEMAN Y 16 ROBERT SAMPSON Y 34 LEONARD FASANO Y 17 GEORGE LOGAN Y 35 DAN CHAMPAGNE Y 18 HEATHER SOMERS Y 36 ALEX BERGSTEIN

ADJOURNMENT

On motion of Senator Duff of the 25th, the Senate at 11:18 p.m. adjourned subject to the call of the chair.

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