Connecticut 2019 Regular Session

Connecticut House Bill HB05318 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	HB.docx
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	3	+	LCO No. 3392 1 of 5
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7		-	General Assembly ~~Substitute~~ Bill No. 5318
	5	+	General Assembly Committee Bill No. 5318
8	6		January Session, 2019
	7	+	LCO No. 3392
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	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
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14	18		AN ACT ESTABLISHING LOCAL REPRESENTATION ON TH E
15	19		CONNECTICUT SITING COUNCIL FOR CERTAIN PROJECTS.
16	20		Be it enacted by the Senate and House of Representatives in General
17	21		Assembly convened:
18	22
19	23		Section 1. Section 16-50j of the general statutes is repealed and the 1
20	24		following is substituted in lieu thereof (Effective October 1, 2019): 2
21	25		(a) There is established a "Connecticut Siting Council", hereinafter 3
22	26		referred to as the "council", which shall be within the Department of 4
23	27		Energy and Environmental Protection for administrative purposes 5
24	28		only. 6
25	29		(b) Except for proceedings under chapter 445, this subsection and 7
26	30		subsection (c) of this section, the council shall consist of: (1) The 8
27	31		Commissioner of Energy and Environmental Protection, or his 9
28	32		designee; (2) the chairperson of the Public Utilities Regulatory 10
29	33		Authority, or the chairperson's designee; (3) one designee of the 11
30	34		speaker of the House and one designee of the president pro tempore of 12
31	35		the Senate; and (4) five members of the public, to be appointed by the 13
32	36		Governor, at least two of whom shall be experienced in the field of 14
33	37		ecology, and not more than one of whom shall have affiliation, past or 15
	38	+	Committee Bill No. 5318
	39	+
	40	+
	41	+	LCO No. 3392 2 of 5
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34	43		present, with any utility or governmental utility regulatory agency, or 16
35	44		with any person owning, operating, controlling, or presently 17
36		-	contracting with respect to a facility, a hazardous waste facility, as 18 Substitute Bill No. 5318
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	45	+	contracting with respect to a facility, a hazardous waste facility, as 18
43	46		defined in section 22a-115, or an ash residue disposal area. 19
44	47		(c) For proceedings under chapter 445, subsection (b) of this section 20
45	48		and this subsection, the council shall consist of (1) the Commissioners 21
46	49		of Public Health and Emergency Services and Public Protection or their 22
47	50		designated representatives; (2) the designees of the speaker of the 23
48	51		House of Representatives and the president pro tempore of the Senate 24
49	52		as provided in subsection (b) of this section; (3) the five members of the 25
50	53		public as provided in subsection (b) of this section; and (4) four ad hoc 26
51	54		members, three of whom shall be electors from the municipality in 27
52	55		which the proposed facility is to be located and one of whom shall be 28
53	56		an elector from a neighboring municipality likely to be most affected 29
54	57		by the proposed facility. The municipality most affected by the 30
55	58		proposed facility shall be determined by the permanent members of 31
56	59		the council. If any one of the five members of the public or of the 32
57	60		designees of the speaker of the House of Representatives or the 33
58	61		president pro tempore of the Senate resides (A) in the municipality in 34
59	62		which a hazardous waste facility is proposed to be located for a 35
60	63		proceeding concerning a hazardous waste facility or in which a low-36
61	64		level radioactive waste facility is proposed to be located for a 37
62	65		proceeding concerning a low-level radioactive waste facility, or (B) in 38
63	66		the neighboring municipality likely to be most affected by the 39
64	67		proposed facility, the appointing authority shall appoint a substitute 40
65	68		member for the proceedings on such proposal. If any appointee is 41
66	69		unable to perform his duties on the council due to illness, or has a 42
67	70		substantial financial or employment interest which is in conflict with 43
68	71		the proper discharge of his duties under this chapter, the appointing 44
69	72		authority shall appoint a substitute member for proceedings on such 45
70	73		proposal. An appointee shall report any substantial financial or 46
71	74		employment interest which might conflict with the proper discharge of 47
72	75		his duties under this chapter to the appointing authority who shall 48
73	76		determine if such conflict exists. If any state agency is the applicant, an 49
	77	+	Committee Bill No. 5318
	78	+
	79	+
	80	+	LCO No. 3392 3 of 5
	81	+
74	82		appointee shall not be deemed to have a substantial employment 50
75	83		conflict of interest because of employment with the state unless such 51
76		-	appointee is directly employed by the state agency making the 52 Substitute Bill No. 5318
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	84	+	appointee is directly employed by the state agency making the 52
83	85		application. Ad hoc members shall be appointed by the chief elected 53
84	86		official of the municipality they represent and shall continue their 54
85	87		membership until the council issues a letter of completion of the 55
86	88		development and management plan to the applicant. 56
87	89		(d) For proceedings involving any electric distribution company, in 57
88	90		addition to the membership provided for in subsection (b) of this 58
89		-	section, the council shall consist of one elector from the municipality in 59
90		-	which such facility is proposed to be located, as appointed by the chief 60
91		-	elected official of such municipality. In the event that such facility will 61
92		-	be located in two or more municipalities, one such elector shall be 62
93		-	appointed by the applicable regional council of governments for the 63
94		-	affected municipalities. Each such member shall serve as a nonvoting 64
95		-	member for purposes of such proceeding and shall abide by all 65
96		-	applicable rules of confidentiality concerning such proceeding. 66
97		-	[(d)] (e) The chairman of the council shall be appointed by the 67
98		-	Governor from among the five public members appointed by him, 68
99		-	with the advice and consent of the House or Senate, and shall serve as 69
100		-	chairman at the pleasure of the Governor. 70
101		-	[(e)] (f) The public members of the council, including the chairman, 71
102		-	the members appointed by the speaker of the House and president pro 72
103		-	tempore of the Senate and the four ad hoc members specified in 73
104		-	subsection (c) of this section, shall be compensated for their attendance 74
105		-	at public hearings, executive sessions, or other council business as may 75
106		-	require their attendance at the rate of two hundred dollars, provided in 76
107		-	no case shall the daily compensation exceed two hundred dollars. 77
108		-	[(f)] (g) The council shall, in addition to its other duties prescribed in 78
109		-	this chapter, adopt, amend, or rescind suitable regulations to carry out 79
110		-	the provisions of this chapter and the policies and practices of the 80
111		-	council in connection therewith, and appoint and prescribe the duties 81
112		-	of such staff as may be necessary to carry out the provisions of this 82
113		-	chapter. The chairman of the council, with the consent of five or more 83
114		-	other members of the council, may appoint an executive director, who 84 Substitute Bill No. 5318
	91	+	section, the council shall consist of one elector from each municipality 59
	92	+	in which such facility is proposed to be located. Each such member 60
	93	+	shall serve as a nonvoting member for purposes of such proceeding. 61
	94	+	[(d)] (e) The chairman of the council shall be appointed by the 62
	95	+	Governor from among the five public members appointed by him, 63
	96	+	with the advice and consent of the House or Senate, and shall serve as 64
	97	+	chairman at the pleasure of the Governor. 65
	98	+	[(e)] (f) The public members of the council, including the chairman, 66
	99	+	the members appointed by the speaker of the House and president pro 67
	100	+	tempore of the Senate and the four ad hoc members specified in 68
	101	+	subsection (c) of this section, shall be compensated for their attendance 69
	102	+	at public hearings, executive sessions, or other council business as may 70
	103	+	require their attendance at the rate of two hundred dollars, provided in 71
	104	+	no case shall the daily compensation exceed two hundred dollars. 72
	105	+	[(f)] (g) The council shall, in addition to its other duties prescribed in 73
	106	+	this chapter, adopt, amend, or rescind suitable regulations to carry out 74
	107	+	the provisions of this chapter and the policies and practices of the 75
	108	+	council in connection therewith, and appoint and prescribe the duties 76
	109	+	of such staff as may be necessary to carry out the provisions of this 77
	110	+	chapter. The chairman of the council, with the consent of five or more 78
	111	+	other members of the council, may appoint an executive director, who 79
	112	+	shall be the chief administrative officer of the Connecticut Siting 80
	113	+	Council. The executive director shall be exempt from classified service. 81
	114	+	Committee Bill No. 5318
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	117	+	LCO No. 3392 4 of 5
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121		-	shall be the chief administrative officer of the Connecticut Siting 85
122		-	Council. The executive director shall be exempt from classified service. 86
123		-	[(g)] (h) Prior to commencing any hearing pursuant to section 16-87
124		-	50m, the council shall consult with and solicit written comments from 88
125		-	(1) the Department of Energy and Environmental Protection, the 89
126		-	Department of Public Health, the Council on Environmental Quality, 90
127		-	the Department of Agriculture, the Public Utilities Regulatory 91
128		-	Authority, the Office of Policy and Management, the Department of 92
129		-	Economic and Community Development and the Depar tment of 93
130		-	Transportation, and (2) in a hearing pursuant to section 16-50m, for a 94
131		-	facility described in subdivision (3) of subsection (a) of section 16-50i, 95
132		-	the Department of Emergency Services and Public Protection, the 96
133		-	Department of Consumer Protection, th e Department of 97
134		-	Administrative Services and the Labor Department. Copies of such 98
135		-	comments shall be made available to all parties prior to the 99
136		-	commencement of the hearing. Subsequent to the commencement of 100
137		-	the hearing, said departments and council may file additional written 101
138		-	comments with the council within such period of time as the council 102
139		-	designates. All such written comments shall be made part of the record 103
140		-	provided by section 16-50o. Said departments and council shall not 104
141		-	enter any contract or agreement with any party to the proceedings or 105
142		-	hearings described in this section or section 16-50p that requires said 106
143		-	departments or council to withhold or retract comments, refrain from 107
144		-	participating in or withdraw from said proceedings or hearings. 108
	119	+	[(g)] (h) Prior to commencing any hearing pursuant to section 16-82
	120	+	50m, the council shall consult with and solicit written comments from 83
	121	+	(1) the Department of Energy and Environmental Protection, the 84
	122	+	Department of Public Health, the Council on Environmental Quality, 85
	123	+	the Department of Agriculture, the Public Utilities Regulatory 86
	124	+	Authority, the Office of Policy and Management, the Department of 87
	125	+	Economic and Community Development and t he Department of 88
	126	+	Transportation, and (2) in a hearing pursuant to section 16-50m, for a 89
	127	+	facility described in subdivision (3) of subsection (a) of section 16-50i, 90
	128	+	the Department of Emergency Services and Public Protection, the 91
	129	+	Department of Consumer Protec tion, the Department of 92
	130	+	Administrative Services and the Labor Department. Copies of such 93
	131	+	comments shall be made available to all parties prior to the 94
	132	+	commencement of the hearing. Subsequent to the commencement of 95
	133	+	the hearing, said departments and council may file additional written 96
	134	+	comments with the council within such period of time as the council 97
	135	+	designates. All such written comments shall be made part of the record 98
	136	+	provided by section 16-50o. Said departments and council shall not 99
	137	+	enter any contract or agreement with any party to the proceedings or 100
	138	+	hearings described in this section or section 16-50p that requires said 101
	139	+	departments or council to withhold or retract comments, refrain from 102
	140	+	participating in or withdraw from said proceedings or hearings. 103
145	141		This act shall take effect as follows and shall amend the following
146	142		sections:
147	143
148	144		Section 1 October 1, 2019 16-50j
149	145
	146	+	Statement of Purpose:
	147	+	To establish local representation via nonvoting members of the Siting
	148	+	Council for certain projects.
150	149
151		-	ENV Joint Favorable Subst.
	150	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	151	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	152	+	not underlined.]
152	153
	154	+
	155	+	Committee Bill No. 5318
	156	+
	157	+
	158	+	LCO No. 3392 5 of 5
	159	+
	160	+
	161	+	Co-Sponsors: REP. HARDING, 107th Dist.; REP. ALLIE-BRENNAN, 2nd Dist.
	162	+
	163	+	H.B. 5318