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General Assembly Raised Bill No. 1147
January Session, 2023
LCO No. 4688
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING THE ENVIRONMENTAL JUSTICE PROGRAM
OF THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL
PROTECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-20a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) As used in this section: 3
(1) "Environmental justice community" means (A) a United States 4
census block group, as determined in accordance with the most recent 5
United States census, for which thirty per cent or more of the population 6
consists of low income persons [who are not institutionalized] and have 7
an income below two hundred per cent of the federal poverty level; or 8
(B) a distressed municipality, as defined in subsection (b) of section 32-9
9p; 10
(2) "Affecting facility" means any (A) electric generating facility with 11
a capacity of more than ten megawatts; (B) sludge or solid waste 12
incinerator or combustor; (C) [sewage treatment plant with a capacity of 13 Raised Bill No. 1147
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more than fifty million gallons per day] publicly owned treatment 14
works in a community with combined sewers that transport both storm 15
water and sanitary sewage, or an expanded design flow rate for any 16
publicly owned treatment works; (D) intermediate processing center, 17
volume reduction facility, solid waste transfer station, resource recovery 18
facility, chemical recycling facility or multitown recycling facility with a 19
combined monthly volume in excess of twenty-five tons; (E) [new or 20
expanded] landfill, including, but not limited to, a landfill that contains 21
ash, construction and demolition debris or solid waste; (F) medical 22
waste incinerator; [or] (G) major source of air pollution, as defined by 23
the federal Clean Air Act; (H) pipeline, terminal or bulk commercial 24
storage facility not providing direct-to-consumer retail or delivery for 25
fossil fuels, including coal, oil, petroleum and natural gas; or (I) facility 26
with a diversion of more than two million gallons of water per day. 27
"Affecting facility" shall not include (i) the portion of an electric 28
generating facility that uses nonemitting and nonpolluting renewable 29
resources such as wind, solar and hydro power or that uses fuel cells, 30
(ii) any facility for which a certificate of environmental compatibility 31
and public need was obtained from the Connecticut Siting Council on 32
or before January 1, 2000, [or] (iii) a facility of a constituent unit of the 33
state system of higher education that has been the subject of an 34
environmental impact evaluation in accordance with the provisions of 35
sections 22a-1b to 22a-1h, inclusive, and such evaluation has been 36
determined to be satisfactory in accordance with section 22a-1e; or (iv) 37
a facility with a diversion of water greater than two million gallons in 38
any twenty-four-hour period that diverts water for public water supply 39
purposes within a service area, as defined in regulations adopted 40
pursuant to subsection (b) of section 22a-377, that includes the origin of 41
such diversion; 42
(3) "Meaningful public participation" means (A) residents of an 43
environmental justice community have an appropriate opportunity to 44
participate in decisions about a proposed facility or the expansion of an 45
existing facility that may adversely affect such residents' environment 46
or health; (B) the public's participation may influence the regulatory 47 Raised Bill No. 1147
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agency's decision; and (C) the applicant for a new or expanded permit, 48
certificate or siting approval seeks out and facilitates the participation 49
of those potentially affected during the regulatory process; [and] 50
(4) "Community environmental benefit agreement" means a written 51
agreement entered into by the chief elected official or town manager of 52
a municipality and an owner or developer of real property whereby the 53
owner or developer agrees to develop real property that is to be used 54
for any new or expanded affecting facility and to provide financial 55
resources for the purpose of the mitigation, in whole or in part, of 56
impacts reasonably related to the facility, including, but not limited to, 57
impacts on the environment, including, but not limited to, air quality 58
and watercourses, quality of life, asthma rates, traffic, parking and 59
noise; 60
(5) "Council" means the Connecticut Siting Council; 61
(6) "Department" means the Department of Energy and 62
Environmental Protection; 63
(7) "Environmental or public health stressors" means: (A) Sources of 64
environmental pollution, including, but not limited to, concentrated 65
areas of air pollution, mobile sources of air pollution, contaminated 66
sites, transfer stations or other solid waste facilities, recycling facilities, 67
scrap yards and point-sources of water pollution, including, but not 68
limited to, water pollution from facilities or combined sewer overflows, 69
or (B) conditions that may cause potential public health impacts, 70
including, but not limited to, asthma, cancer, elevated blood lead levels, 71
cardiovascular disease and developmental problems in any 72
environmental justice community; 73
(8) "Major source" means (A) a major source of air pollution, as 74
defined by the federal Clean Air Act or rules or regulations adopted by 75
the department, or (B) an affecting facility that directly emits, or has the 76
potential to emit, one hundred tons per year or more of any air pollutant 77
or other applicable criteria set forth in the federal Clean Air Act; and 78 Raised Bill No. 1147
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(9) "Permit" means any individual facility permit, license, certificate 79
or siting approval issued by the department or council to a facility that 80
establishes the regulatory and management requirements for a 81
regulated activity pursuant to section 16-50k, 22a-174, 22a-208a or 22a-82
430. "Permit" does not include (A) any authorization or approval 83
necessary to perform a remediation conducted in accordance with the 84
regulations established pursuant to section 22a-133k; (B) applications 85
for or registrations under general permits issued by the department, 86
provided the Commissioner of Energy and Environmental Protection 87
shall evaluate the potential for environmental and health stressors when 88
issuing or renewing any general permit; (C) any permit for a facility 89
with a diversion of more than two million gallons per day where such 90
diverted water is used for public water supply purposes within the 91
exclusive service area from where such water is diverted; (D) any 92
authorization or approval required for a minor modification of a 93
facility's major source permit for activities or improvements that do not 94
increase emissions; or (E) any authorization or approval required for an 95
extension of time to complete construction of a facility. 96
(b) (1) Applicants who, on or after January 1, 2009, seek to obtain any 97
certificate under chapter 277a, new or expanded permit or siting 98
approval from the Department of Energy and Environmental Protection 99
or the Connecticut Siting Council involving an affecting facility that is 100
proposed to be located in an environmental justice community or the 101
proposed expansion of an affecting facility located in such a community, 102
shall (A) file an assessment of environmental or public health stressors 103
and a meaningful public participation plan with such department or 104
council and shall obtain the department's or council's approval of such 105
public participation plan prior to filing any application for such permit, 106
certificate or approval; [and] (B) consult with the chief elected official or 107
officials of the town or towns in which the affecting facility is to be 108
located or expanded to evaluate the need for a community 109
environmental benefit agreement in accordance with subsection (d) of 110
this section; and (C) submit and receive approval of a public 111
participation report that shall include, but not be limited to, (i) an 112 Raised Bill No. 1147
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affidavit that the applicant satisfied the requirements of subdivisions (2) 113
to (5), inclusive, of this subsection; (ii) all written comments received; 114
and (iii) responses to concerns and questions presented in such written 115
and verbal comments, including any changes to the activity or affecting 116
facility proposed. Each assessment of environmental or public health 117
stressors prepared pursuant to this subsection shall contain an 118
assessment of the potential environmental and public health stressors 119
associated with the proposed new or expanded affecting facility, as 120
applicable, and shall identify any adverse environmental or public 121
health stressors that cannot be avoided if the permit is granted, and the 122
environmental or public health stressors already borne by the applicable 123
environmental justice community. 124
(2) Each such meaningful public participation plan shall contain 125
measures to facilitate meaningful public participation in the regulatory 126
process and a certification that the applicant will undertake the 127
measures contained in the plan. Such plan shall identify a time and place 128
where an informal public meeting will be held that is convenient for the 129
residents of the affected environmental justice community. In addition, 130
any such plan shall identify the methods, if any, by which the applicant 131
will publicize the date, time and nature of the informal public meeting 132
in addition to the notice by mail required by subdivision (3) of this 133
subsection and the publication required by subdivision [(3)] (4) of this 134
subsection. Such methods shall include, but not be limited to, (A) 135
posting a reasonably visible sign on the proposed or existing affecting 136
facility property, printed in English, in accordance with any local 137
regulations and ordinances, (B) posting a reasonably visible sign, 138
printed in all languages spoken by at least fifteen per cent of the 139
population that reside within a one-half of a mile radius of the proposed 140
or existing affecting facility, in accordance with local regulations and 141
ordinances, [and] (C) notifying local and state elected officials, in 142
writing, and (D) a posting on electronic media, including, but not 143
limited to, relevant Internet web sites and social media platforms, 144
provided such notice is readily found by searching for the name of the 145
affecting facility on the Internet. Such methods may include notifying 146 Raised Bill No. 1147
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neighborhood and environmental groups, in writing, in a language 147
appropriate for the target audience. The determination of the percentage 148
of persons that speak a language, for purposes of subparagraph (B) of 149
this subdivision, shall be made in accordance with the most recent 150
United States census. 151
(3) Not less than thirty days prior to the informal public meeting, the 152
applicant shall send a notice of such informal public meeting by mail to 153
all residential households located not more than a one-half-mile radius 154
of the proposed or existing affecting facility. Such notice shall provide 155
the date, time and location of such meeting, a description of the 156
proposed or expanded affecting facility, a map indicating the location of 157
the affecting facility, information on how an interested person may 158
review project documents, including any complete needs assessment, 159
alternatives assessment, environmental impact analysis or assessment 160
of environmental or public health stressors, addresses for mailed and 161
Internet-based submission of written public comments and any other 162
information deemed appropriate by the department or council. The 163
applicant shall provide such notice in writing in all languages spoken 164
by not less than fifteen per cent of the population that resides within 165
such one-half-mile radius of the proposed or existing affecting facility. 166
Such applicant shall subsequently send notice by mail to all such 167
residential households of any subsequent public participation 168
opportunities that occur as part of the permit approval process before 169
the department or council, and to notify such residential households of 170
any notice of tentative or final determination by the department or 171
council. 172
[(3)] (4) Not less than ten days prior to the informal public meeting 173
and not more than thirty days prior to such meeting, the applicant shall 174
publish the date, time and nature of the informal public meeting with a 175
minimum one-quarter page advertisement in a newspaper having 176
general circulation in the area affected, and any other appropriate local 177
newspaper serving such area, in the Monday issue of a daily publication 178
or any day in a weekly or monthly publication. Such advertisement shall 179
include information on how an interested person may review project 180 Raised Bill No. 1147
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documents, including any complete needs assessment, alternatives 181
assessment, environmental impact analysis and assessment of 182
environmental and public health stressors. The applicant shall post a 183
similar notification of the informal public meeting on the applicant's 184
web site, if applicable. 185
[(4)] (5) At the informal public meeting, the applicant shall make a 186
reasonable and good faith effort to provide clear, accurate and complete 187
information about the proposed affecting facility or the proposed 188
expansion of [a] such facility and the potential environmental and 189
health impacts of such affecting facility or such expansion. The applicant 190
shall accept written comments, submitted via mail or electronic mail, 191
and oral comments from any interested party, and provide an 192
opportunity for meaningful public participation at the informal public 193
meeting. Not later than thirty days after such informal public meeting, 194
the applicant shall submit to the department or council a public 195
participation report, as described in subdivision (1) of this subsection. 196
The applicant shall video record the informal public meeting and submit 197
the recording to the department or council with the public participation 198
report. 199
[(5)] (6) The Department of Energy and Environmental Protection or 200
the Connecticut Siting Council shall not take any action on the 201
applicant's application for a permit, license, certificate or approval 202
earlier than [sixty days after the informal public meeting] the date the 203
department or council approves the public participation report. For any 204
such application filed on or after November 1, [2020] 2023, if the 205
applicant fails to undertake the requirements of [subparagraphs (B) to 206
(D), inclusive, of subdivision (2) of this subsection or subdivision (3) or 207
(4) of] this subsection, any such application shall be deemed insufficient. 208
The application of an applicant who fails to receive approval of such 209
public participation report by the department or council, as applicable, 210
shall be deemed insufficient. 211
[(6)] (7) In the event that the Connecticut Siting Council has approved 212
a [meaningful public participation plan] public participation report 213 Raised Bill No. 1147
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concerning a new or expanded affecting facility and an informal public 214
meeting has been held in accordance with this subsection, the 215
Department of Energy and Environmental Protection may [approve 216
such plan and] waive the requirement that an additional informal public 217
meeting be held in accordance with this subsection. 218
(8) In addition to any other fee authorized by law, rule or regulation, 219
the department or council, as applicable, may assess each permit, license 220
or certificate applicant a reasonable fee in order to cover the costs 221
associated with the implementation of this section, including all costs to 222
provide technical assistance to permit applicants and environmental 223
justice communities to comply with the provisions of this section. 224
(c) Any municipality, owner or developer may enter into a 225
community environmental benefit agreement in connection with an 226
expanded or new affecting facility. For any application filed on or after 227
November 1, 2020, for such an affecting facility that: (1) Requires a 228
certificate under chapter 277a, or (2) constitutes a new or expanded 229
permit or siting approval from the Department of Energy and 230
Environmental Protection or the Connecticut Siting Council, and that is 231
located in an environmental justice community or is proposed to be 232
located in such a community, the applicant shall enter into such an 233
agreement with the municipality if there are five or more affecting 234
facilities in such municipality at the time such application is filed. 235
Mitigation may include both on-site and off-site improvements, 236
activities and programs, including, but not limited to: Funding for 237
activities such as environmental education, diesel pollution reduction, 238
electric vehicle charging infrastructure construction, establishment of a 239
wellness clinic, ongoing asthma screening, provision of air monitoring 240
performed by a credentialed environmental professional, performance 241
of an ongoing traffic study, watercourse monitoring, construction of 242
biking facilities and multi-use trails, staffing for parks, urban forestry, 243
support for community gardens or any other negotiated benefit to the 244
environment in the environmental justice community. Prior to 245
negotiating the terms of a community environmental benefit agreement, 246
the municipality shall provide a reasonable and public opportunity for 247 Raised Bill No. 1147
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residents of the potentially affected environmental justice community to 248
be heard concerning the requirements of or need for, and terms of, such 249
agreement. 250
(d) The chief elected official or town manager of a municipality shall 251
participate in the negotiations for any such community environmental 252
benefit agreement and shall implement, administer and enforce such an 253
agreement on behalf of the municipality, provided any such agreement 254
negotiated pursuant to this section on and after November 1, 2020, shall 255
be approved by the legislative body of the municipality prior to 256
implementation, administration and enforcement of such agreement. 257
(e) The terms of any community environmental benefit agreement 258
negotiated, entered into and approved in accordance with this section 259
on and after November 1, 2020, shall not constitute a separate and 260
distinct basis for a pleading to intervene in any administrative, licensing 261
or other proceeding pursuant to section 22a-19. 262
(f) (1) The Commissioner of Energy and Environmental Protection 263
shall adopt regulations, in accordance with the provisions of chapter 54, 264
as are necessary and proper to carry out the purposes of this section. The 265
provisions of subsection (g) of this section shall not take effect until the 266
adoption of the regulations pursuant to this subsection. Such 267
regulations shall include, but not be limited to, provisions regarding: 268
(A) Procedures and requirements for creating the meaningful public 269
participation plan and the public participation report required by this 270
section; (B) the identification and measurement of the relative impact of 271
environmental and public health stressors across communities; (C) tools 272
for stakeholder industries and sectors to use that take account of any 273
such environmental or public health stressors, including tools to help 274
inform decisions about potential locations for new or expanded 275
affecting facilities that comply with the provisions of this section; and 276
(D) standards for denying or placing conditions on permits. The 277
commissioner shall consult with stakeholder industries and sectors 278
when developing the regulations pursuant to this section. 279 Raised Bill No. 1147
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(2) Notwithstanding any provision of the general statutes, the 280
commissioner may subject the renewal of any permit issued for an 281
affecting facility to some or all of the provisions of this section and any 282
regulation adopted pursuant to this subsection by adopting regulations, 283
in accordance with the provisions of chapter 54, that include, but are not 284
limited to, the identification of: (A) Each type of renewal permit subject 285
to the provisions of this subdivision; (B) the types of affecting facilities 286
subject to the provisions of this subdivision; and (C) the specific 287
requirements of this section and any regulation adopted pursuant to this 288
subsection that apply to each such renewal permit and affecting facility. 289
No renewal permit shall be subject to the requirements of this section 290
prior to the effective date of regulations adopted pursuant to this 291
subdivision. 292
(g) (1) On and after the adoption of regulations pursuant to 293
subdivision (1) or (2) of subsection (f) of this section, the department's 294
review of any such application or renewal permit shall be conducted in 295
accordance with any such regulations, as applicable, and the council's 296
review of any such application may be conducted in accordance with 297
any such regulations. 298
(2) The department or the council, as applicable, may deny any 299
application for a permit for a new affecting facility upon a finding that 300
approval of the permit, as proposed, would, together with other 301
environmental or public health stressors affecting the applicable 302
environmental justice community, result in adverse cumulative 303
environmental or public health stressors in such environmental justice 304
community that are higher than those borne by other communities 305
within the state, county or other geographic unit of analysis, as 306
determined by the department or council. Any such determination by 307
the department shall be made in accordance with the applicable 308
regulations adopted pursuant to subsection (f) of this section and any 309
such determination by the council may be made in accordance with such 310
regulations. 311
(3) If such permit is granted, the department or council, as applicable, 312 Raised Bill No. 1147
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may impose conditions on the construction and operation of the new 313
affecting facility that are intended to mitigate environmental and public 314
health impacts. 315
(4) The department or the council, as applicable, shall provide notice, 316
in writing, to any applicant for any such new affecting facility of any 317
tentative determination regarding compliance with the applicable 318
regulations adopted pursuant to subsection (f) of this section. 319
(5) If any hearing is held on any application or renewal permit subject 320
to the requirements of this section, compliance with the applicable 321
regulations adopted pursuant to subsection (f) of this section shall be 322
considered at such hearing. 323
(6) The department or council, as applicable, shall publish any 324
determination made pursuant to this subsection to the department's or 325
council's Internet web site. 326
(h) Notwithstanding any provision of the general statutes, the 327
department or council, as applicable, may, after review of the public 328
participation report and any other relevant information, including 329
testimony and written comments received in connection with the 330
meaningful public participation plan, apply conditions to a permit for 331
the expansion of an existing affecting facility concerning the 332
construction and operation of the facility to protect the environment and 333
public health, upon a finding by the department or council, as 334
applicable, that approval of such permit, as proposed, would, together 335
with other environmental or public health stressors affecting the 336
applicable environmental justice community, result in adverse 337
cumulative environmental or public health stressors in such 338
environmental justice community that are higher than those borne by 339
other communities in the state, county or other geographic unit of 340
analysis, as determined by the department or council. Any such 341
determination by the department shall be made in accordance with the 342
applicable regulations adopted pursuant to subsection (f) of this section 343
and any such determination by the council may be made in accordance 344 Raised Bill No. 1147
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with such regulations. 345
(i) If a permit applicant applies for more than one permit for a 346
proposed new or expanded affecting facility, the permit applicant shall 347
only be required to comply with the provisions of this section once, 348
unless the department or council, as applicable, determines that more 349
than one informal public meeting is necessary due to the complexity of 350
the permit applications necessary for the proposed new or expanded 351
affecting facility. Nothing in this subsection shall be construed to limit 352
the authority of the department or council to hold or require any public 353
hearing, as may be required by any other provision of the general 354
statutes, federal law or rule or regulation. 355
(j) Nothing in this section shall be construed to limit the right of an 356
applicant to continue facility operations during the process of permit 357
approval to the extent such right is conveyed by an applicable law, rule 358
or regulation. 359
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 22a-20a
Statement of Purpose:
To enhance the environmental and public health considerations made
under the state's environmental justice statute and provide the
Department of Energy and Environmental Protection and the
Connecticut Siting Council with the ability to deny certain permits for a
new affecting facility and apply conditions to the expansion of an
existing facility.
[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.]