Senate Bill No. 394
               Senate Bill No. 394

               PUBLIC ACT NO. 98-29


AN  ACT CONCERNING THE REGULATION OF PRIVATE WATER
COMPANIES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section   16-20  of  the  general
statutes,  as  amended  by  public  act  97-8,  is
repealed and the  following is substituted in lieu
thereof:
    (a) AS USED  IN  THIS  SECTION, "PRIVATE WATER
COMPANY"    MEANS    A    CORPORATION,    COMPANY,
ASSOCIATION, JOINT STOCK ASSOCIATION, PARTNERSHIP,
OTHER ENTITY OR PERSON, OR LESSEE THEREOF, OWNING,
LEASING,  MAINTAINING,  OPERATING,   MANAGING   OR
CONTROLLING  ANY POND,  LAKE,  RESERVOIR,  STREAM,
WELL OR DISTRIBUTING  PLANT OR SYSTEM EMPLOYED FOR
THE PURPOSE OF  SUPPLYING  WATER  TO NOT LESS THAN
TWO SERVICE CONNECTIONS  OR  TWENTY-FIVE  PERSONS,
BUT DOES NOT INCLUDE A MUNICIPAL WATERWORKS SYSTEM
ESTABLISHED  UNDER  CHAPTER   102,   A   DISTRICT,
METROPOLITAN  DISTRICT,  MUNICIPAL   DISTRICT   OR
SPECIAL   SERVICES  DISTRICT   ESTABLISHED   UNDER
CHAPTER 105, CHAPTER  105a  OR  ANY  OTHER GENERAL
STATUTE OR ANY  PUBLIC  OR  SPECIAL  ACT  WHICH IS
AUTHORIZED  TO  SUPPLY   WATER,   OR   ANY   OTHER
WATERWORKS  SYSTEM  OWNED,   LEASED,   MAINTAINED,
OPERATED, MANAGED, OR  CONTROLLED  BY  ANY UNIT OF
LOCAL GOVERNMENT UNDER  ANY GENERAL STATUTE OR ANY
PUBLIC OR SPECIAL ACT.
    (b) If any  public  service company OR PRIVATE
WATER COMPANY unreasonably  fails  or  refuses  to
furnish adequate service  at  reasonable  rates to
any person within  the  territorial  limits within
which the company  has,  by its charter, authority
to furnish the  service  or,  in  the  case  of  a
nonfranchised, nonchartered PRIVATE water company,
the general territorial  limits  within  which  it
operates,  and if  no  other  specific  remedy  is
provided in this  title  or in regulations adopted
thereunder,  the  person   may   bring  a  written
petition  to  the  Department  of  Public  Utility
Control  alleging  the  failure  or  refusal.  The
department shall investigate  and,  not  more than
sixty days after  receipt  of  a  petition, (1) if
appropriate,  issue  an   order   prescribing  the
service  to  be  furnished  by  the  company,  the
conditions  under  which   and  maximum  rates  or
charges at which the service shall be furnished or
(2) order that  a hearing be held on the matter or
that the matter  be  set  for  alternative dispute
resolution. If at  any  time during such sixty-day
period, any party  in interest requests a hearing,
the department shall,  after notice to all parties
and not more  than ninety days after receiving the
request, hold a hearing and, if appropriate, issue
an order prescribing  the  service to be furnished
by the company  and the conditions under which and
maximum rates or  charges  at  which  the  service
shall be furnished.
    Sec. 2. Section  49-72 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Any private water  company which is owed rates
or charges for  connection  with or for the use of
its water system and such rates or charges are not
paid when due has a lien on the real estate served
and a charge  against  the  owners  of  such  real
estate from the  date  the  rates  or charges were
due, PROVIDED THE  OWNER  OF SUCH REAL ESTATE WHEN
THE LIEN IS  RECORDED  IS THE PARTY THAT OWES SUCH
RATES OR CHARGES.  The  lien and charge shall bear
interest at the  rate  of  eighteen  per  cent per
annum so long  as  the  rates  or  charges  remain
unpaid. The lien  may  be recorded and released in
the manner provided  for  recording  and releasing
tax liens. The  lien  shall  not continue for more
than one year  after the date the rates or charges
were due, unless  the  secretary  of  the company,
before the expiration  of  that  year, has filed a
certificate of continuation  of  the  lien  in the
manner provided by  law for the continuance of tax
liens. When continued  the lien shall be valid for
fourteen years thereafter.  The  lien  shall  take
precedence over all  other  subsequently  recorded
liens or encumbrances  except  taxes and liens for
assessments filed by  an  association  of a common
interest community under section 47-258 and may be
foreclosed against the  lot  or building served in
the same manner as a lien for taxes.
    Sec. 3. This  act  shall  take effect from its
passage.

Approved May 19, 1998