| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING WIRELESS BROADBAND. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. Subsections (a) and (b) of section 16-50p of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 17 | 17 | | |
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| 18 | 18 | | (a) (1) In a certification proceeding, the council shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, limitations or modifications of the construction or operation of the facility as the council may deem appropriate. |
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| 19 | 19 | | |
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| 20 | 20 | | (2) The council's decision shall be rendered in accordance with the following: |
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| 21 | 21 | | |
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| 22 | 22 | | (A) Not later than twelve months after the deadline for filing an application following the request for proposal process for a facility described in subdivision (1) or (2) of subsection (a) of section 16-50i or subdivision (4) of said subsection (a) if the application was incorporated in an application concerning a facility described in subdivision (1) of said subsection (a); |
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| 23 | 23 | | |
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| 24 | 24 | | (B) Not later than one hundred eighty days after the deadline for filing an application following the request for proposal process for a facility described in subdivision (4) of subsection (a) of section 16-50i and an application concerning a facility described in subdivision (3) of said subsection (a), provided the council may extend such period by not more than one hundred eighty days with the consent of the applicant; and |
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| 25 | 25 | | |
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| 26 | 26 | | (C) Not later than one hundred eighty days after the filing of an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, provided the council may extend such period by not more than one hundred eighty days with the consent of the applicant. |
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| 27 | 27 | | |
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| 28 | 28 | | (3) The council shall file, with its order, an opinion stating in full its reasons for the decision. The council shall not grant a certificate, either as proposed or as modified by the council, unless it shall find and determine: |
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| 29 | 29 | | |
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| 30 | 30 | | (A) Except as provided in subsection (b) or (c) of this section, a public need for the facility and the basis of the need; |
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| 31 | 31 | | |
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| 32 | 32 | | (B) The nature of the probable environmental impact of the facility alone and cumulatively with other existing facilities, including a specification of every significant adverse effect, including, but not limited to, electromagnetic fields that, whether alone or cumulatively with other effects, impact on, and conflict with the policies of the state concerning the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and water purity and fish, aquaculture and wildlife; |
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| 33 | 33 | | |
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| 34 | 34 | | (C) Why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application; |
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| 35 | 35 | | |
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| 36 | 36 | | (D) In the case of an electric transmission line, (i) what part, if any, of the facility shall be located overhead, (ii) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected utility systems and will serve the interests of electric system economy and reliability, and (iii) that the overhead portions, if any, of the facility are cost effective and the most appropriate alternative based on a life-cycle cost analysis of the facility and underground alternatives to such facility, are consistent with the purposes of this chapter, with such regulations or standards as the council may adopt pursuant to section 16-50t, including, but not limited to, the council's best management practices for electric and magnetic fields for electric transmission lines and with the Federal Power Commission "Guidelines for the Protection of Natural Historic Scenic and Recreational Values in the Design and Location of Rights-of-Way and Transmission Facilities" or any successor guidelines and any other applicable federal guidelines and are to be contained within an area that provides a buffer zone that protects the public health and safety, as determined by the council. In establishing such buffer zone, the council shall consider, among other things, residential areas, private or public schools, licensed child day care facilities, licensed youth camps or public playgrounds adjacent to the proposed route of the overhead portions and the level of the voltage of the overhead portions and any existing overhead transmission lines on the proposed route. At a minimum, the existing right-of-way shall serve as the buffer zone; |
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| 37 | 37 | | |
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| 38 | 38 | | (E) In the case of an electric or fuel transmission line, that the location of the line will not pose an undue hazard to persons or property along the area traversed by the line; |
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| 39 | 39 | | |
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| 40 | 40 | | (F) In the case of an application that was heard under a consolidated hearing process with other applications that were common to a request for proposal, that the facility proposed in the subject application represents the most appropriate alternative among such applications based on the findings and determinations pursuant to this subsection; |
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| 41 | 41 | | |
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| 42 | 42 | | (G) In the case of a facility described in subdivision (6) of subsection (a) of section 16-50i that is (i) proposed to be installed on land under agricultural restriction, as provided in section 22-26cc, that the facility will not result in a material decrease of acreage and productivity of the arable land, or (ii) proposed to be installed on land near a building containing a school, as defined in section 10-154a, or a commercial child day care center, as described in subdivision (1) of subsection (a) of section 19a-77, that the facility will not be less than two hundred fifty feet from such school or commercial child day care center unless the location is acceptable to the chief elected official of the municipality or the council finds that the facility will not have a substantial adverse effect on the aesthetics or scenic quality of the neighborhood in which such school or commercial child day care center is located, provided the council shall not render any decision pursuant to this subparagraph that is inconsistent with federal law or regulations; and |
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| 43 | 43 | | |
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| 44 | 44 | | (H) That, for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, the council has considered the manufacturer's recommended safety standards for any equipment, machinery or technology for the facility. |
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| 45 | 45 | | |
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| 46 | 46 | | (b) (1) Prior to granting an applicant's certificate for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, the council shall examine, in addition to its consideration of subdivisions (1) to (3), inclusive, of subsection (a) of this section: (A) The feasibility of requiring an applicant to share an existing facility, as defined in subsection (b) of section 16-50aa, within a technically derived search area of the site of the proposed facility, provided such shared use is technically, legally, environmentally and economically feasible and meets public safety concerns, (B) whether such facility, if constructed, may be shared with any public or private entity that provides telecommunications or community antenna television service to the public, provided such shared use is technically, legally, environmentally and economically feasible at fair market rates, meets public safety concerns, and the parties' interests have been considered, (C) whether the proposed facility would be located in an area of the state which the council, in consultation with the Department of Energy and Environmental Protection and any affected municipalities, finds to be a relatively undisturbed area that possesses scenic quality of local, regional or state-wide significance, and (D) the latest facility design options intended to minimize aesthetic and environmental impacts. The council may deny an application for a certificate if it determines that (i) shared use under the provisions of subparagraph (A) of this subdivision is feasible, (ii) the applicant would not cooperate relative to the future shared use of the proposed facility, [or] (iii) the proposed facility would substantially affect the scenic quality of its location or surrounding neighborhood and no public safety concerns require that the proposed facility be constructed in such a location, or (iv) no public safety concerns require that a proposed facility owned or operated by the state be constructed in that location. In evaluating the public need for a cellular facility described in subdivision (6) of subsection (a) of section 16-50i, there shall be a presumption of public need for personal wireless services and the council shall be limited to consideration of a specific need for any proposed facility to be used to provide such services to the public. |
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| 47 | 47 | | |
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| 48 | 48 | | (2) When issuing a certificate for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, the council may impose such reasonable conditions as it deems necessary to promote immediate and future shared use of such facilities and avoid the unnecessary proliferation of such facilities in the state. The council shall, prior to issuing a certificate, provide notice of the proposed facility to the municipality in which the facility is to be located. Upon motion of the council, written request by a public or private entity that provides telecommunications or community antenna television service to the public or upon written request by an interested party, the council may conduct a preliminary investigation to determine whether the holder of a certificate for such a facility is in compliance with the certificate. Following its investigation, the council may initiate a certificate review proceeding, which shall include a hearing, to determine whether the holder of a certificate for such a facility is in compliance with the certificate. In such proceeding, the council shall render a decision and may issue orders it deems necessary to compel compliance with the certificate, which may include, but not be limited to, revocation of the certificate. Such orders may be enforced in accordance with the provisions of section 16-50u. |
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| 49 | 49 | | |
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| 50 | 50 | | Sec. 2. Subsection (f) of section 25-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 51 | 51 | | |
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| 52 | 52 | | (f) Nothing in this section shall prevent the lease or change in use of water company land to allow for (1) recreational purposes that do not require intense development or improvements, [for] (2) water supply purposes, [for] (3) leases of existing structures, or [for] (4) radio towers, [or] telecommunications antennas on existing structures or telecommunications towers, ancillary equipment or related access drives and utilities. For purposes of subdivision (1) of this subsection, intense development includes golf courses, driving ranges, tennis courts, ballfields, swimming pools and uses by motorized vehicles, provided trails or pathways for pedestrians, motorized wheelchairs or nonmotorized vehicles shall not be considered intense development. |
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| 53 | 53 | | |
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| 54 | 54 | | |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | This act shall take effect as follows and shall amend the following sections: |
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| 58 | 58 | | Section 1 July 1, 2013 16-50p(a) and (b) |
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| 59 | 59 | | Sec. 2 July 1, 2013 25-32(f) |
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| 60 | 60 | | |
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| 61 | 61 | | This act shall take effect as follows and shall amend the following sections: |
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| 62 | 62 | | |
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| 63 | 63 | | Section 1 |
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| 64 | 64 | | |
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| 65 | 65 | | July 1, 2013 |
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| 66 | 66 | | |
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| 67 | 67 | | 16-50p(a) and (b) |
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| 68 | 68 | | |
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| 69 | 69 | | Sec. 2 |
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| 70 | 70 | | |
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| 71 | 71 | | July 1, 2013 |
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| 72 | 72 | | |
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| 73 | 73 | | 25-32(f) |
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| 74 | 74 | | |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | ET Joint Favorable Subst. |
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