General Assembly Raised Bill No. 814
January Session, 2013 LCO No. 1601
*01601_______PD_*
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
General Assembly
Raised Bill No. 814
January Session, 2013
LCO No. 1601
*01601_______PD_*
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING INTERVENTION IN PERMIT PROCEEDINGS PURSUANT TO THE ENVIRONMENTAL PROTECTION ACT OF 1971.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) (1) In any administrative, licensing or other proceeding, and in any judicial review thereof made available by law, the Attorney General, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity may intervene as a party on the filing of a verified pleading asserting that the proceeding or action for judicial review involves conduct which has, or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state. The verified pleading shall contain specific factual allegations setting forth the nature of the alleged pollution, impairment or destruction.
(2) If the proposed use of real property that is the subject of an administrative, licensing or other proceeding is known at the time of filing a verified pleading pursuant to subdivision (1) of this subsection, any partnership, corporation, association, organization or other legal entity that provides funding for the intervention in an amount of five thousand dollars or more shall disclose its identity to the agency or court if such entity is a business competitor of the person, partnership, corporation, association, organization or legal entity that will use such real property. For purposes of this subdivision, "business competitor" does not include any nonprofit organization whose purpose includes protection of the environment, any legal entity that would experience only incidental financial impacts such as a reduction in property values, any individual, any political subdivision of the state or any instrumentality or agency of the state or any political subdivision thereof.
(b) In any administrative, licensing or other proceeding, the agency shall consider the alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state and no conduct shall be authorized or approved which does, or is reasonably likely to, have such effect as long as, considering all relevant surrounding circumstances and factors, there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety and welfare.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 22a-19
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
22a-19
Statement of Purpose:
To require certain legal entities that fund environmental interventions to disclose their identity when funding an intervention in an administrative, licensing or other proceeding involving a business competitor.
[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.]