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General Assembly Substitute Bill No. 1147
January Session, 2023
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 Section 22a-20a of the general statutes is repealed and the 1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 6
population consists of low income persons [who are not 7
institutionalized] and have an income below two hundred per cent of 8
the federal poverty level; or (B) a distressed municipality, as defined in 9
subsection (b) of section 32-9p; 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 13
of more than fifty million gallons per day] publicly owned treatment 14
works in a community with combined sewers that transport both 15
storm water and sanitary sewage, or an expanded design flow rate for 16
any publicly owned treatment works; (D) intermediate processing 17 Substitute Bill No. 1147
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center, volume reduction facility, solid waste transfer station, resource 18
recovery facility, chemical recycling facility or multitown recycling 19
facility with a combined monthly volume in excess of twenty-five tons; 20
(E) [new or expanded] landfill, including, but not limited to, a landfill 21
that contains ash, construction and demolition debris or solid waste; 22
(F) medical waste incinerator; [or] (G) major source of air pollution, as 23
defined by the federal Clean Air Act; (H) pipeline, terminal or bulk 24
commercial storage facility not providing direct-to-consumer retail or 25
delivery for fossil fuels, including coal, oil, petroleum and natural gas; 26
or (I) facility with a diversion of more than two million gallons of 27
water per day. "Affecting facility" shall not include (i) the portion of an 28
electric generating facility that uses nonemitting and nonpolluting 29
renewable resources such as wind, solar and hydro power or that uses 30
fuel cells, (ii) any facility for which a certificate of environmental 31
compatibility and public need was obtained from the Connecticut 32
Siting Council on or before January 1, 2000, [or] (iii) a facility of a 33
constituent unit of the state system of higher education that has been 34
the subject of an environmental impact evaluation in accordance with 35
the provisions of sections 22a-1b to 22a-1h, inclusive, and such 36
evaluation has been determined to be satisfactory in accordance with 37
section 22a-1e; or (iv) a facility with a diversion of water greater than 38
two million gallons in any twenty-four-hour period that diverts water 39
for public water supply purposes within a service area, as defined in 40
regulations adopted pursuant to subsection (b) of section 22a-377, that 41
includes the origin of 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 45
an existing facility that may adversely affect such residents' 46
environment or health; (B) the public's participation may influence the 47
regulatory agency's decision; and (C) the applicant for a new or 48
expanded permit, certificate or siting approval seeks out and facilitates 49
the participation of those potentially affected during the regulatory 50
process; [and] 51 Substitute Bill No. 1147
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(4) "Community environmental benefit agreement" means a written 52
agreement entered into by the chief elected official or town manager of 53
a municipality and an owner or developer of real property whereby 54
the owner or developer agrees to develop real property that is to be 55
used for any new or expanded affecting facility and to provide 56
financial resources for the purpose of the mitigation, in whole or in 57
part, of impacts reasonably related to the facility, including, but not 58
limited to, impacts on the environment, including, but not limited to, 59
air quality and watercourses, quality of life, asthma rates, traffic, 60
parking and noise; 61
(5) "Council" means the Connecticut Siting Council; 62
(6) "Department" means the Department of Energy and 63
Environmental Protection; 64
(7) "Environmental or public health stressors" means: (A) Sources of 65
environmental pollution, including, but not limited to, concentrated 66
areas of air pollution, mobile sources of air pollution, contaminated 67
sites, transfer stations or other solid waste facilities, recycling facilities, 68
scrap yards and point-sources of water pollution, including, but not 69
limited to, water pollution from facilities or combined sewer 70
overflows, or (B) conditions that may cause potential public health 71
impacts, including, but not limited to, asthma, cancer, elevated blood 72
lead levels, cardiovascular disease and developmental problems in any 73
environmental justice community; 74
(8) "Major source" means (A) a major source of air pollution, as 75
defined by the federal Clean Air Act or rules or regulations adopted by 76
the department, or (B) an affecting facility that directly emits, or has 77
the potential to emit, one hundred tons per year or more of any air 78
pollutant or other applicable criteria set forth in the federal Clean Air 79
Act; and 80
(9) "Permit" means any individual facility permit, license, certificate 81
or siting approval issued by the department or council to a facility that 82 Substitute Bill No. 1147
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establishes the regulatory and management requirements for a 83
regulated activity pursuant to section 16-50k, 22a-174, 22a-208a or 22a-84
430. "Permit" does not include (A) any authorization or approval 85
necessary to perform a remediation conducted in accordance with the 86
regulations established pursuant to section 22a-133k; (B) applications 87
for or registrations under general permits issued by the department, 88
provided the Commissioner of Energy and Environmental Protection 89
shall evaluate the potential for environmental and health stressors 90
when issuing or renewing any general permit; (C) any permit for a 91
facility with a diversion of more than two million gallons per day 92
where such diverted water is used for public water supply purposes 93
within the exclusive service area from where such water is diverted; 94
(D) any authorization or approval required for a minor modification of 95
a facility's major source permit for activities or improvements that do 96
not increase emissions; or (E) any authorization or approval required 97
for an extension of time to complete construction of a facility. 98
(b) (1) Applicants who, on or after January 1, 2009, seek to obtain 99
any certificate under chapter 277a, new or expanded permit or siting 100
approval from the Department of Energy and Environmental 101
Protection or the Connecticut Siting Council involving an affecting 102
facility that is proposed to be located in an environmental justice 103
community or the proposed expansion of an affecting facility located 104
in such a community, shall (A) file an assessment of environmental or 105
public health stressors and a meaningful public participation plan with 106
such department or council and shall obtain the department's or 107
council's approval of such public participation plan prior to filing any 108
application for such permit, certificate or approval; [and] (B) consult 109
with the chief elected official or officials of the town or towns in which 110
the affecting facility is to be located or expanded to evaluate the need 111
for a community environmental benefit agreement in accordance with 112
subsection (d) of this section; and (C) submit and receive approval of a 113
public participation report that shall include, but not be limited to, (i) 114
an affidavit that the applicant satisfied the requirements of 115
subdivisions (2) to (5), inclusive, of this subsection; (ii) all written 116 Substitute Bill No. 1147
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comments received; and (iii) responses to concerns and questions 117
presented in such written and verbal comments, including any 118
changes to the activity or affecting facility proposed. Each assessment 119
of environmental or public health stressors prepared pursuant to this 120
subsection shall contain an assessment of the potential environmental 121
and public health stressors associated with the proposed new or 122
expanded affecting facility, as applicable, and shall identify any 123
adverse environmental or public health stressors that cannot be 124
avoided if the permit is granted, and the environmental or public 125
health stressors already borne by the applicable environmental justice 126
community. 127
(2) Each such meaningful public participation plan shall contain 128
measures to facilitate meaningful public participation in the regulatory 129
process and a certification that the applicant will undertake the 130
measures contained in the plan. Such plan shall identify a time and 131
place where an informal public meeting will be held that is convenient 132
for the residents of the affected environmental justice community. In 133
addition, any such plan shall identify the methods, if any, by which the 134
applicant will publicize the date, time and nature of the informal 135
public meeting in addition to the notice by mail required by 136
subdivision (3) of this subsection and the publication required by 137
subdivision [(3)] (4) of this subsection. Such methods shall include, but 138
not be limited to, (A) posting a reasonably visible sign on the proposed 139
or existing affecting facility property, printed in English, in accordance 140
with any local regulations and ordinances, (B) posting a reasonably 141
visible sign, printed in all languages spoken by at least fifteen per cent 142
of the population that reside within a one-half of a mile radius of the 143
proposed or existing affecting facility, in accordance with local 144
regulations and ordinances, [and] (C) notifying local and state elected 145
officials, in writing, and (D) a posting on electronic media, including, 146
but not limited to, relevant Internet web sites and social media 147
platforms, provided such notice is readily found by searching for the 148
name of the affecting facility on the Internet. Such methods may 149
include notifying neighborhood and environmental groups, in writing, 150 Substitute Bill No. 1147
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in a language appropriate for the target audience. The determination 151
of the percentage of persons that speak a language, for purposes of 152
subparagraph (B) of this subdivision, shall be made in accordance with 153
the most recent United States census. 154
(3) Not less than thirty days prior to the informal public meeting, 155
the applicant shall send a notice of such informal public meeting by 156
mail to all residential households located within a one-half-mile radius 157
of the proposed or existing affecting facility. Such notice shall provide 158
the date, time and location of such meeting, a description of the 159
proposed or expanded affecting facility, a map indicating the location 160
of the affecting facility, information on how an interested person may 161
review project documents, including any complete needs assessment, 162
alternatives assessment, environmental impact analysis or assessment 163
of environmental or public health stressors, addresses for mailed and 164
Internet-based submission of written public comments and any other 165
information deemed appropriate by the department or council. The 166
applicant shall provide such notice in writing in all languages spoken 167
by not less than fifteen per cent of the population that resides within 168
such one-half-mile radius of the proposed or existing affecting facility. 169
Such applicant shall subsequently send notice by mail to all such 170
residential households of any subsequent public participation 171
opportunities that occur as part of the permit approval process before 172
the department or council, and to notify such residential households of 173
any notice of tentative or final determination by the department or 174
council. 175
[(3)] (4) Not less than ten days prior to the informal public meeting 176
and not more than thirty days prior to such meeting, the applicant 177
shall publish the date, time and nature of the informal public meeting 178
with a minimum one-quarter page advertisement in a newspaper 179
having general circulation in the area affected, and any other 180
appropriate local newspaper serving such area, in the Monday issue of 181
a daily publication or any day in a weekly or monthly publication. 182
Such advertisement shall include information on how an interested 183 Substitute Bill No. 1147
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person may review project documents, including any complete needs 184
assessment, alternatives assessment, environmental impact analysis 185
and assessment of environmental and public health stressors. The 186
applicant shall post a similar notification of the informal public 187
meeting on the applicant's web site, if applicable. 188
[(4)] (5) At the informal public meeting, the applicant shall make a 189
reasonable and good faith effort to provide clear, accurate and 190
complete information about the proposed affecting facility or the 191
proposed expansion of [a] such facility and the potential 192
environmental and health impacts of such affecting facility or such 193
expansion. The applicant shall accept written comments, submitted via 194
mail or electronic mail, and oral comments from any interested party, 195
and provide an opportunity for meaningful public participation at the 196
informal public meeting. Not later than thirty days after such informal 197
public meeting, the applicant shall submit to the department or council 198
a public participation report, as described in subdivision (1) of this 199
subsection. The applicant shall video record the informal public 200
meeting and submit the recording to the department or council with 201
the public participation report. 202
[(5)] (6) The Department of Energy and Environmental Protection or 203
the Connecticut Siting Council shall not take any action on the 204
applicant's application for a permit, license, certificate or approval 205
earlier than [sixty days after the informal public meeting] the date the 206
department or council approves the public participation report. For 207
any such application filed on or after November 1, [2020] 2023, if the 208
applicant fails to undertake the requirements of [subparagraphs (B) to 209
(D), inclusive, of subdivision (2) of this subsection or subdivision (3) or 210
(4) of] this subsection, any such application shall be deemed 211
insufficient. The application of an applicant who fails to receive 212
approval of such public participation report by the department or 213
council, as applicable, shall be deemed insufficient. 214
[(6)] (7) In the event that the Connecticut Siting Council has 215
approved a [meaningful public participation plan] public participation 216 Substitute Bill No. 1147
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report concerning a new or expanded affecting facility and an informal 217
public meeting has been held in accordance with this subsection, the 218
Department of Energy and Environmental Protection may [approve 219
such plan and] waive the requirement that an additional informal 220
public meeting be held in accordance with this subsection. 221
(8) In addition to any other fee authorized by law, rule or 222
regulation, the department or council, as applicable, may assess each 223
permit, license or certificate applicant a reasonable fee in order to cover 224
the costs associated with the implementation of this section, including 225
all costs to provide technical assistance to permit applicants and 226
environmental justice communities to comply with the provisions of 227
this section. 228
(c) Any municipality, owner or developer may enter into a 229
community environmental benefit agreement in connection with an 230
expanded or new affecting facility. For any application filed on or after 231
November 1, 2020, for such an affecting facility that: (1) Requires a 232
certificate under chapter 277a, or (2) constitutes a new or expanded 233
permit or siting approval from the Department of Energy and 234
Environmental Protection or the Connecticut Siting Council, and that 235
is located in an environmental justice community or is proposed to be 236
located in such a community, the applicant shall enter into such an 237
agreement with the municipality if there are five or more affecting 238
facilities in such municipality at the time such application is filed. 239
Mitigation may include both on-site and off-site improvements, 240
activities and programs, including, but not limited to: Funding for 241
activities such as environmental education, diesel pollution reduction, 242
electric vehicle charging infrastructure construction, establishment of a 243
wellness clinic, ongoing asthma screening, provision of air monitoring 244
performed by a credentialed environmental professional, performance 245
of an ongoing traffic study, watercourse monitoring, construction of 246
biking facilities and multi-use trails, staffing for parks, urban forestry, 247
support for community gardens or any other negotiated benefit to the 248
environment in the environmental justice community. Prior to 249 Substitute Bill No. 1147
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negotiating the terms of a community environmental benefit 250
agreement, the municipality shall provide a reasonable and public 251
opportunity for residents of the potentially affected environmental 252
justice community to be heard concerning the requirements of or need 253
for, and terms of, such agreement. 254
(d) The chief elected official or town manager of a municipality shall 255
participate in the negotiations for any such community environmental 256
benefit agreement and shall implement, administer and enforce such 257
an agreement on behalf of the municipality, provided any such 258
agreement negotiated pursuant to this section on and after November 259
1, 2020, shall be approved by the legislative body of the municipality 260
prior to implementation, administration and enforcement of such 261
agreement. Such chief elected official or town manager shall select a 262
resident of the potentially affected environmental justice community to 263
participate in such negotiations. 264
(e) The terms of any community environmental benefit agreement 265
negotiated, entered into and approved in accordance with this section 266
on and after November 1, 2020, shall not constitute a separate and 267
distinct basis for a pleading to intervene in any administrative, 268
licensing or other proceeding pursuant to section 22a-19. 269
(f) (1) The Commissioner of Energy and Environmental Protection 270
shall adopt regulations, in accordance with the provisions of chapter 271
54, as are necessary and proper to carry out the purposes of this 272
section. The provisions of subsection (g) of this section shall not take 273
effect until the adoption of the regulations pursuant to this subsection. 274
Such regulations shall include, but not be limited to, provisions 275
regarding: (A) Procedures and requirements for creating the 276
meaningful public participation plan and the public participation 277
report required by this section; (B) the identification and measurement 278
of the relative impact of environmental and public health stressors 279
across communities; (C) tools for stakeholder industries and sectors to 280
use that take account of any such environmental or public health 281
stressors, including tools to help inform decisions about potential 282 Substitute Bill No. 1147
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locations for new or expanded affecting facilities that comply with the 283
provisions of this section; and (D) standards for denying or placing 284
conditions on permits. The commissioner shall consult with 285
stakeholder industries and sectors when developing the regulations 286
pursuant to this section. 287
(2) Notwithstanding any provision of the general statutes, the 288
commissioner may subject the renewal of any permit issued for an 289
affecting facility to some or all of the provisions of this section and any 290
regulation adopted pursuant to this subsection by adopting 291
regulations, in accordance with the provisions of chapter 54, that 292
include, but are not limited to, the identification of: (A) Each type of 293
renewal permit subject to the provisions of this subdivision; (B) the 294
types of affecting facilities subject to the provisions of this subdivision; 295
and (C) the specific requirements of this section and any regulation 296
adopted pursuant to this subsection that apply to each such renewal 297
permit and affecting facility. No renewal permit shall be subject to the 298
requirements of this section prior to the effective date of regulations 299
adopted pursuant to this subdivision. 300
(g) (1) On and after the adoption of regulations pursuant to 301
subdivision (1) or (2) of subsection (f) of this section, the department's 302
review of any such application or renewal permit shall be conducted in 303
accordance with any such regulations, as applicable, and the council's 304
review of any such application may be conducted in accordance with 305
any such regulations. 306
(2) The department or the council, as applicable, may deny any 307
application for a permit for a new affecting facility upon a finding that 308
approval of the permit, as proposed, would, together with other 309
environmental or public health stressors affecting the applicable 310
environmental justice community, result in adverse cumulative 311
environmental or public health stressors in such environmental justice 312
community that are higher than those borne by other communities 313
within the state, county or other geographic unit of analysis, as 314
determined by the department or council. Any such determination by 315 Substitute Bill No. 1147
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the department shall be made in accordance with the applicable 316
regulations adopted pursuant to subsection (f) of this section and any 317
such determination by the council may be made in accordance with 318
such regulations. 319
(3) If such permit is granted, the department or council, as 320
applicable, may impose conditions on the construction and operation 321
of the new affecting facility that are intended to mitigate 322
environmental and public health impacts. 323
(4) The department or the council, as applicable, shall provide 324
notice, in writing, to any applicant for any such new affecting facility 325
of any tentative determination regarding compliance with the 326
applicable regulations adopted pursuant to subsection (f) of this 327
section. 328
(5) If any hearing is held on any application or renewal permit 329
subject to the requirements of this section, compliance with the 330
applicable regulations adopted pursuant to subsection (f) of this 331
section shall be considered at such hearing. 332
(6) The department or council, as applicable, shall publish any 333
determination made pursuant to this subsection to the department's or 334
council's Internet web site. 335
(h) Notwithstanding any provision of the general statutes, the 336
department or council, as applicable, may, after review of the public 337
participation report and any other relevant information, including 338
testimony and written comments received in connection with the 339
meaningful public participation plan, apply conditions to a permit for 340
the expansion of an existing affecting facility concerning the 341
construction and operation of the facility to protect the environment 342
and public health, upon a finding by the department or council, as 343
applicable, that approval of such permit, as proposed, would, together 344
with other environmental or public health stressors affecting the 345
applicable environmental justice community, result in adverse 346 Substitute Bill No. 1147
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cumulative environmental or public health stressors in such 347
environmental justice community that are higher than those borne by 348
other communities in the state, county or other geographic unit of 349
analysis, as determined by the department or council. Any such 350
determination by the department shall be made in accordance with the 351
applicable regulations adopted pursuant to subsection (f) of this 352
section and any such determination by the council may be made in 353
accordance with such regulations. 354
(i) If a permit applicant applies for more than one permit for a 355
proposed new or expanded affecting facility, the permit applicant shall 356
only be required to comply with the provisions of this section once, 357
unless the department or council, as applicable, determines that more 358
than one informal public meeting is necessary due to the complexity of 359
the permit applications necessary for the proposed new or expanded 360
affecting facility. Nothing in this subsection shall be construed to limit 361
the authority of the department or council to hold or require any 362
public hearing, as may be required by any other provision of the 363
general statutes, federal law or rule or regulation. 364
(j) Nothing in this section shall be construed to limit the right of an 365
applicant to continue facility operations during the process of permit 366
approval to the extent such right is conveyed by an applicable law, 367
rule or regulation. 368
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 22a-20a
LCO Statement: In Subsec. (b)(3) "not more than" was changed to
"within" for consistency.
ENV Joint Favorable Subst.