General Assembly Raised Bill No. 5213
February Session, 2010 LCO No. 1006
*01006_______ET_*
Referred to Committee on Energy and Technology
Introduced by:
(ET)
General Assembly
Raised Bill No. 5213
February Session, 2010
LCO No. 1006
*01006_______ET_*
Referred to Committee on Energy and Technology
Introduced by:
(ET)
AN ACT CONCERNING THE SITING COUNCIL.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 16-50p of the general statutes is amended by adding subsection (j) as follows (Effective July 1, 2010):
(NEW) (j) If, upon a motion of a party or intervenor or on its own motion, the council determines, after affording an opportunity for a hearing to the applicant, certificate holder or petitioner, that the applicant, certificate holder or petitioner has omitted or misrepresented a material fact in its application or petition for declaratory ruling, the council may assess such applicant, certificate holder or petitioner a civil penalty of no more than ten thousand dollars. In addition, the council may award any party or intervenor to the proceeding reasonable attorney fees and costs related to the additional expenses incurred because of such omission or misrepresentation. The Attorney General, upon referral by the council, may apply to the Superior Court to collect such assessment and for any equitable or injunctive relief the Superior Court deems appropriate.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2010 16-50p
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2010
16-50p
Statement of Purpose:
To authorize the Connecticut Siting Council to impose civil fines and award attorney fees and costs to opposing parties when it determines that the petitioner has misrepresented or omitted material facts.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]