Connecticut 2023 Regular Session

Connecticut Senate Bill SB00073 Compare Versions

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	7	+	General Assembly Substitute Bill No. 73
	8	+	January Session, 2023
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4		-	Substitute Senate Bill No. 73
5		-
6		-	Public Act No. 23-108
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8	13
9	14		AN ACT ESTABLISHING LOCAL REPRESENTATION ON THE
10	15		CONNECTICUT SITING COUNCIL FOR LOCAL PROJECTS.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 16-50j of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2023):
16		-	(a) There is established a "Connecticut Siting Council", hereinafter
17		-	referred to as the "council", which shall be within the Department of
18		-	Energy and Environmental Protection for administrative purposes only.
19		-	(b) Except for proceedings under chapter 445, this subsection and
20		-	subsection (c) of this section, the council shall consist of: (1) The
21		-	Commissioner of Energy and Environmental Protection, or his
22		-	designee; (2) the chairperson of the Public Utilities Regulatory
23		-	Authority, or the chairperson's designee; (3) one designee of the speaker
24		-	of the House and one designee of the president pro tempore of the
25		-	Senate; and (4) five members of the public, to be appointed by the
26		-	Governor, at least two of whom shall be experienced in the field of
27		-	ecology, and not more than one of whom shall have affiliation, past or
28		-	present, with any utility or governmental utility regulatory agency, or
29		-	with any person owning, operating, controlling, or presently
30		-	contracting with respect to a facility, a hazardous waste facility, as Substitute Senate Bill No. 73
	19	+	Section 1. Section 16-50j of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective October 1, 2023): 2
	21	+	(a) There is established a "Connecticut Siting Council", hereinafter 3
	22	+	referred to as the "council", which shall be within the Department of 4
	23	+	Energy and Environmental Protection for administrative purposes 5
	24	+	only. 6
	25	+	(b) Except for proceedings under chapter 445, this subsection and 7
	26	+	subsection (c) of this section, the council shall consist of: (1) The 8
	27	+	Commissioner of Energy and Environmental Protection, or his 9
	28	+	designee; (2) the chairperson of the Public Utilities Regulatory 10
	29	+	Authority, or the chairperson's designee; (3) one designee of the 11
	30	+	speaker of the House and one designee of the president pro tempore of 12
	31	+	the Senate; and (4) five members of the public, to be appointed by the 13
	32	+	Governor, at least two of whom shall be experienced in the field of 14
	33	+	ecology, and not more than one of whom shall have affiliation, past or 15
	34	+	present, with any utility or governmental utility regulatory agency, or 16
	35	+	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. 73
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32		-	Public Act No. 23-108 2 of 6
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34		-	defined in section 22a-115, or an ash residue disposal area.
35		-	(c) For proceedings under chapter 445, subsection (b) of this section
36		-	and this subsection, the council shall consist of (1) the Commissioners of
37		-	Public Health and Emergency Services and Public Protection or their
38		-	designated representatives; (2) the designees of the speaker of the House
39		-	of Representatives and the president pro tempore of the Senate as
40		-	provided in subsection (b) of this section; (3) the five members of the
41		-	public as provided in subsection (b) of this section; and (4) four ad hoc
42		-	members, three of whom shall be electors from the municipality in
43		-	which the proposed facility is to be located and one of whom shall be an
44		-	elector from a neighboring municipality likely to be most affected by the
45		-	proposed facility. The municipality most affected by the proposed
46		-	facility shall be determined by the permanent members of the council.
47		-	If any one of the five members of the public or of the designees of the
48		-	speaker of the House of Representatives or the president pro tempore of
49		-	the Senate resides (A) in the municipality in which a hazardous waste
50		-	facility is proposed to be located for a proceeding concerning a
51		-	hazardous waste facility or in which a low-level radioactive waste
52		-	facility is proposed to be located for a proceeding concerning a low-level
53		-	radioactive waste facility, or (B) in the neighboring municipality likely
54		-	to be most affected by the proposed facility, the appointing authority
55		-	shall appoint a substitute member for the proceedings on such proposal.
56		-	If any appointee is unable to perform his duties on the council due to
57		-	illness, or has a substantial financial or employment interest which is in
58		-	conflict with the proper discharge of his duties under this chapter, the
59		-	appointing authority shall appoint a substitute member for proceedings
60		-	on such proposal. An appointee shall report any substantial financial or
61		-	employment interest which might conflict with the proper discharge of
62		-	his duties under this chapter to the appointing authority who shall
63		-	determine if such conflict exists. If any state agency is the applicant, an
64		-	appointee shall not be deemed to have a substantial employment
65		-	conflict of interest because of employment with the state unless such Substitute Senate Bill No. 73
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	43	+	defined in section 22a-115, or an ash residue disposal area. 19
	44	+	(c) For proceedings under chapter 445, subsection (b) of this section 20
	45	+	and this subsection, the council shall consist of (1) the Commissioners 21
	46	+	of Public Health and Emergency Services and Public Protection or their 22
	47	+	designated representatives; (2) the designees of the speaker of the 23
	48	+	House of Representatives and the president pro tempore of the Senate 24
	49	+	as provided in subsection (b) of this section; (3) the five members of the 25
	50	+	public as provided in subsection (b) of this section; and (4) four ad hoc 26
	51	+	members, three of whom shall be electors from the municipality in 27
	52	+	which the proposed facility is to be located and one of whom shall be 28
	53	+	an elector from a neighboring municipality likely to be most affected 29
	54	+	by the proposed facility. The municipality most affected by the 30
	55	+	proposed facility shall be determined by the permanent members of 31
	56	+	the council. If any one of the five members of the public or of the 32
	57	+	designees of the speaker of the House of Representatives or the 33
	58	+	president pro tempore of the Senate resides (A) in the municipality in 34
	59	+	which a hazardous waste facility is proposed to be located for a 35
	60	+	proceeding concerning a hazardous waste facility or in which a low-36
	61	+	level radioactive waste facility is proposed to be located for a 37
	62	+	proceeding concerning a low-level radioactive waste facility, or (B) in 38
	63	+	the neighboring municipality likely to be most affected by the 39
	64	+	proposed facility, the appointing authority shall appoint a substitute 40
	65	+	member for the proceedings on such proposal. If any appointee is 41
	66	+	unable to perform his duties on the council due to illness, or has a 42
	67	+	substantial financial or employment interest which is in conflict with 43
	68	+	the proper discharge of his duties under this chapter, the appointing 44
	69	+	authority shall appoint a substitute member for proceedings on such 45
	70	+	proposal. An appointee shall report any substantial financial or 46
	71	+	employment interest which might conflict with the proper discharge of 47
	72	+	his duties under this chapter to the appointing authority who shall 48
	73	+	determine if such conflict exists. If any state agency is the applicant, an 49
	74	+	appointee shall not be deemed to have a substantial employment 50
	75	+	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. 73
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69		-	appointee is directly employed by the state agency making the
70		-	application. Ad hoc members shall be appointed by the chief elected
71		-	official of the municipality they represent and shall continue their
72		-	membership until the council issues a letter of completion of the
73		-	development and management plan to the applicant.
74		-	(d) For any proceeding that occurs on or after the effective date of this
75		-	section, in addition to the membership provided for in subsection (b) or
76		-	(c) of this section, as applicable, the council shall consist of one elector
77		-	from the municipality in which such facility is proposed to be located,
78		-	as appointed by the chief elected official of such municipality. In the
79		-	event that such facility will be located in two or more municipalities,
80		-	one such elector shall be appointed by the applicable regional council of
81		-	governments for the affected municipalities. Each such member shall
82		-	serve as a nonvoting member for purposes of such proceeding and shall
83		-	abide by all applicable rules of confidentiality concerning such
84		-	proceeding.
85		-	[(d)] (e) The chairman of the council shall be appointed by the
86		-	Governor from among the five public members appointed by him, with
87		-	the advice and consent of the House or Senate, and shall serve as
88		-	chairman at the pleasure of the Governor.
89		-	[(e)] (f) The public members of the council, including the chairman,
90		-	the members appointed by the speaker of the House and president pro
91		-	tempore of the Senate and the four ad hoc members specified in
92		-	subsection (c) of this section, shall be compensated for their attendance
93		-	at public hearings, executive sessions, or other council business as may
94		-	require their attendance at the rate of two hundred dollars, provided in
95		-	no case shall the daily compensation exceed two hundred dollars.
96		-	[(f)] (g) The council shall, in addition to its other duties prescribed in
97		-	this chapter, adopt, amend, or rescind suitable regulations to carry out
98		-	the provisions of this chapter and the policies and practices of the Substitute Senate Bill No. 73
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102		-	council in connection therewith, and appoint and prescribe the duties of
103		-	such staff as may be necessary to carry out the provisions of this chapter.
104		-	The chairman of the council, with the consent of five or more other
105		-	members of the council, may appoint an executive director, who shall
106		-	be the chief administrative officer of the Connecticut Siting Council. The
107		-	executive director shall be exempt from classified service.
108		-	[(g)] (h) Prior to commencing any hearing pursuant to section 16-50m,
109		-	the council shall consult with and solicit written comments from (1) the
110		-	Department of Energy and Environmental Protection, the Department
111		-	of Public Health, the Council on Environmental Quality, the
112		-	Department of Agriculture, the Public Utilities Regulatory Authority,
113		-	the Office of Policy and Management, the Department of Economic and
114		-	Community Development and the Department of Transportation, and
115		-	(2) in a hearing pursuant to section 16-50m, for a facility described in
116		-	subdivision (3) of subsection (a) of section 16-50i, the Department of
117		-	Emergency Services and Public Protection, the Department of
118		-	Administrative Services and the Labor Department. Copies of such
119		-	comments shall be made available to all parties prior to the
120		-	commencement of the hearing. Subsequent to the commencement of the
121		-	hearing, said departments and council may file additional written
122		-	comments with the council within such period of time as the council
123		-	designates. All such written comments shall be made part of the record
124		-	provided by section 16-50o. Said departments and council shall not
125		-	enter any contract or agreement with any party to the proceedings or
126		-	hearings described in this section or section 16-50p that requires said
127		-	departments or council to withhold or retract comments, refrain from
128		-	participating in or withdraw from said proceedings or hearings.
129		-	Sec. 2. Subsection (b) of section 16-50l of the general statutes is
130		-	repealed and the following is substituted in lieu thereof (Effective October
131		-	1, 2023):
132		-	(b) Each application shall be accompanied by proof of service of a Substitute Senate Bill No. 73
	83	+	application. Ad hoc members shall be appointed by the chief elected 53
	84	+	official of the municipality they represent and shall continue their 54
	85	+	membership until the council issues a letter of completion of the 55
	86	+	development and management plan to the applicant. 56
	87	+	(d) For any proceeding that occurs on or after the effective date of 57
	88	+	this section, in addition to the membership provided for in subsection 58
	89	+	(b) or (c) of this section, as applicable, the council shall consist of one 59
	90	+	elector from the municipality in which such facility is proposed to be 60
	91	+	located, as appointed by the chief elected official of such municipality. 61
	92	+	In the event that such facility will be located in two or more 62
	93	+	municipalities, one such elector shall be appointed by the applicable 63
	94	+	regional council of governments for the affected municipalities. Each 64
	95	+	such member shall serve as a nonvoting member for purposes of such 65
	96	+	proceeding and shall abide by all applicable rules of confidentiality 66
	97	+	concerning such proceeding. 67
	98	+	[(d)] (e) The chairman of the council shall be appointed by the 68
	99	+	Governor from among the five public members appointed by him, 69
	100	+	with the advice and consent of the House or Senate, and shall serve as 70
	101	+	chairman at the pleasure of the Governor. 71
	102	+	[(e)] (f) The public members of the council, including the chairman, 72
	103	+	the members appointed by the speaker of the House and president pro 73
	104	+	tempore of the Senate and the four ad hoc members specified in 74
	105	+	subsection (c) of this section, shall be compensated for their attendance 75
	106	+	at public hearings, executive sessions, or other council business as may 76
	107	+	require their attendance at the rate of two hundred dollars, provided in 77
	108	+	no case shall the daily compensation exceed two hundred dollars. 78
	109	+	[(f)] (g) The council shall, in addition to its other duties prescribed in 79
	110	+	this chapter, adopt, amend, or rescind suitable regulations to carry out 80
	111	+	the provisions of this chapter and the policies and practices of the 81
	112	+	council in connection therewith, and appoint and prescribe the duties 82
	113	+	of such staff as may be necessary to carry out the provisions of this 83
	114	+	chapter. The chairman of the council, with the consent of five or more 84 Substitute Bill No. 73
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136		-	copy of such application on: (1) Each municipality in which any portion
137		-	of such facility is to be located, both as primarily proposed and in the
138		-	alternative locations listed, and any adjoining municipality having a
139		-	boundary not more than two thousand five hundred feet from such
140		-	facility, which copy shall be served on the chief executive officer of each
141		-	such municipality and shall include notice of the date on or about which
142		-	the application is to be filed, and the zoning commissions, planning
143		-	commissions, planning and zoning commissions, conservation
144		-	commissions and inland wetlands agencies of each such municipality,
145		-	and the regional councils of governments which encompass each such
146		-	municipality; (2) the Attorney General; (3) each member of the
147		-	legislature in whose assembly or senate district the facility or any
148		-	alternative location listed in the application is to be located; (4) any
149		-	agency, department or instrumentality of the federal government that
150		-	has jurisdiction, whether concurrent with the state or otherwise, over
151		-	any matter that would be affected by such facility; (5) each state
152		-	department, agency and commission named in subsection [(g)] (h) of
153		-	section 16-50j, as amended by this act; and (6) such other state and
154		-	municipal bodies as the council may by regulation designate. A notice
155		-	of such application shall be given to the general public, in municipalities
156		-	entitled to receive notice under subdivision (1) of this subsection, by the
157		-	publication of a summary of such application and the date on or about
158		-	which it will be filed. Such notice shall be published under the
159		-	regulations to be promulgated by the council, in such form and in such
160		-	newspapers as will serve substantially to inform the public of such
161		-	application and to afford interested persons sufficient time to prepare
162		-	for and to be heard at the hearing prescribed in section 16-50m. Such
163		-	notice shall be published in not less than ten-point type. A notice of such
164		-	an application for a certificate for a facility described in subdivision (3),
165		-	(4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by
166		-	certified or registered mail, to each person appearing of record as an
167		-	owner of property which abuts the proposed primary or alternative sites
168		-	on which the facility would be located. Such notice shall be sent at the Substitute Senate Bill No. 73
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	121	+	other members of the council, may appoint an executive director, who 85
	122	+	shall be the chief administrative officer of the Connecticut Siting 86
	123	+	Council. The executive director shall be exempt from classified service. 87
	124	+	[(g)] (h) Prior to commencing any hearing pursuant to section 16-88
	125	+	50m, the council shall consult with and solicit written comments from 89
	126	+	(1) the Department of Energy and Environmental Protection, the 90
	127	+	Department of Public Health, the Council on Environmental Quality, 91
	128	+	the Department of Agriculture, the Public Utilities Regulatory 92
	129	+	Authority, the Office of Policy and Management, the Department of 93
	130	+	Economic and Community Development and the Department of 94
	131	+	Transportation, and (2) in a hearing pursuant to section 16-50m, for a 95
	132	+	facility described in subdivision (3) of subsection (a) of section 16-50i, 96
	133	+	the Department of Emergency Services and Public Protection, the 97
	134	+	Department of Administrative Services and the Labor Department. 98
	135	+	Copies of such comments shall be made available to all parties prior to 99
	136	+	the commencement of the hearing. Subsequent to the commencement 100
	137	+	of the hearing, said departments and council may file additional 101
	138	+	written comments with the council within such period of time as the 102
	139	+	council designates. All such written comments shall be made part of 103
	140	+	the record provided by section 16-50o. Said departments and council 104
	141	+	shall not enter any contract or agreement with any party to the 105
	142	+	proceedings or hearings described in this section or section 16-50p that 106
	143	+	requires said departments or council to withhold or retract comments, 107
	144	+	refrain from participating in or withdraw from said proceedings or 108
	145	+	hearings. 109
	146	+	Sec. 2. Subsection (b) of section 16-50l of the general statutes is 110
	147	+	repealed and the following is substituted in lieu thereof (Effective 111
	148	+	October 1, 2023): 112
	149	+	(b) Each application shall be accompanied by proof of service of a 113
	150	+	copy of such application on: (1) Each municipality in which any 114
	151	+	portion of such facility is to be located, both as primarily proposed and 115
	152	+	in the alternative locations listed, and any adjoining municipality 116
	153	+	having a boundary not more than two thousand five hundred feet 117 Substitute Bill No. 73
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172		-	same time that notice of such application is given to the general public.
173		-	Notice of an application for a certificate for a facility described in
174		-	subdivision (1) of subsection (a) of section 16-50i shall also be provided
175		-	to each electric distribution company customer in the municipality
176		-	where the facility is proposed to be placed. Such notice shall (A) be
177		-	provided on a separate enclosure with each customer's monthly bill for
178		-	one or more months, (B) be provided by the electric distribution
179		-	company not earlier than sixty days prior to filing the application with
180		-	the council, but not later than the date that the application is filed with
181		-	the council, and (C) include: A brief description of the project, including
182		-	its location relative to the affected municipality and adjacent streets; a
183		-	brief technical description of the project including its proposed length,
184		-	voltage, and type and range of heights of support structures or
185		-	underground configuration; the reason for the project; the address and
186		-	a toll-free telephone number of the applicant by which additional
187		-	information about the project can be obtained; and a statement in print
188		-	no smaller than twenty-four-point type size stating "NOTICE OF
189		-	PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC
190		-	TRANSMISSION LINE".
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	160	+	from such facility, which copy shall be served on the chief executive 118
	161	+	officer of each such municipality and shall include notice of the date on 119
	162	+	or about which the application is to be filed, and the zoning 120
	163	+	commissions, planning commissions, planning and zoning 121
	164	+	commissions, conservation commissions and inland wetlands agencies 122
	165	+	of each such municipality, and the regional councils of governments 123
	166	+	which encompass each such municipality; (2) the Attorney General; (3) 124
	167	+	each member of the legislature in whose assembly or senate district the 125
	168	+	facility or any alternative location listed in the application is to be 126
	169	+	located; (4) any agency, department or instrumentality of the federal 127
	170	+	government that has jurisdiction, whether concurrent with the state or 128
	171	+	otherwise, over any matter that would be affected by such facility; (5) 129
	172	+	each state department, agency and commission named in subsection 130
	173	+	[(g)] (h) of section 16-50j, as amended by this act; and (6) such other 131
	174	+	state and municipal bodies as the council may by regulation designate. 132
	175	+	A notice of such application shall be given to the general public, in 133
	176	+	municipalities entitled to receive notice under subdivision (1) of this 134
	177	+	subsection, by the publication of a summary of such application and 135
	178	+	the date on or about which it will be filed. Such notice shall be 136
	179	+	published under the regulations to be promulgated by the council, in 137
	180	+	such form and in such newspapers as will serve substantially to inform 138
	181	+	the public of such application and to afford interested persons 139
	182	+	sufficient time to prepare for and to be heard at the hearing prescribed 140
	183	+	in section 16-50m. Such notice shall be published in not less than ten-141
	184	+	point type. A notice of such an application for a certificate for a facility 142
	185	+	described in subdivision (3), (4), (5) or (6) of subsection (a) of section 143
	186	+	16-50i shall also be sent, by certified or registered mail, to each person 144
	187	+	appearing of record as an owner of property which abuts the proposed 145
	188	+	primary or alternative sites on which the facility would be located. 146
	189	+	Such notice shall be sent at the same time that notice of such 147
	190	+	application is given to the general public. Notice of an application for a 148
	191	+	certificate for a facility described in subdivision (1) of subsection (a) of 149
	192	+	section 16-50i shall also be provided to each electric distribution 150
	193	+	company customer in the municipality where the facility is proposed 151
	194	+	to be placed. Such notice shall (A) be provided on a separate enclosure 152 Substitute Bill No. 73
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	200	+
	201	+	with each customer's monthly bill for one or more months, (B) be 153
	202	+	provided by the electric distribution company not earlier than sixty 154
	203	+	days prior to filing the application with the council, but not later than 155
	204	+	the date that the application is filed with the council, and (C) include: 156
	205	+	A brief description of the project, including its location relative to the 157
	206	+	affected municipality and adjacent streets; a brief technical description 158
	207	+	of the project including its proposed length, voltage, and type and 159
	208	+	range of heights of support structures or underground configuration; 160
	209	+	the reason for the project; the address and a toll-free telephone number 161
	210	+	of the applicant by which additional information about the project can 162
	211	+	be obtained; and a statement in print no smaller than twenty-four-163
	212	+	point type size stating "NOTICE OF PROPOSED CONSTRUCTION OF 164
	213	+	A HIGH VOLTAGE ELECTRIC TRANSMISSION LINE". 165
	214	+	This act shall take effect as follows and shall amend the following
	215	+	sections:
	216	+
	217	+	Section 1 October 1, 2023 16-50j
	218	+	Sec. 2 October 1, 2023 16-50l(b)
	219	+
	220	+	Statement of Legislative Commissioners:
	221	+	Section 2 was added as a conforming change in accordance with
	222	+	standard practice.
	223	+
	224	+	ENV Joint Favorable Subst.
191	225