CT
Connecticut Senate Bill SB01147

Connecticut 2023 Regular Session

Connecticut Senate Bill SB01147 Compare Versions

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7+General Assembly Substitute Bill No. 1147
8+January Session, 2023
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6-Public Act No. 23-202
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9-AN ACT CONCERNING THE ENVIRONMENTAL JUSTICE
10-PROGRAM OF THE DEPARTMENT OF ENERGY AND
11-ENVIRONMENTAL PROTECTION.
14+AN ACT CONCERNING THE ENVIRONMENTAL JUSTICE PROGRAM
15+OF THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL
16+PROTECTION.
1217 Be it enacted by the Senate and House of Representatives in General
1318 Assembly convened:
1419
15-Section 1. Section 22a-20a of the general statutes is repealed and the
16-following is substituted in lieu thereof (Effective October 1, 2023):
17-(a) As used in this section:
18-(1) "Environmental justice community" means (A) a United States
19-census block group, as determined in accordance with the most recent
20-United States census, for which thirty per cent or more of the population
21-consists of low income persons who are not institutionalized and have
22-an income below two hundred per cent of the federal poverty level; or
23-(B) a distressed municipality, as defined in subsection (b) of section 32-
24-9p;
25-(2) "Affecting facility" means any (A) electric generating facility with
26-a capacity of more than ten megawatts; (B) sludge or solid waste
27-incinerator or combustor; (C) sewage treatment plant with a capacity of
28-more than fifty million gallons per day; (D) intermediate processing
29-center, volume reduction facility or multitown recycling facility with a
30-combined monthly volume in excess of twenty-five tons; (E) new or Substitute Senate Bill No. 1147
20+Section 1. Section 22a-20a of the general statutes is repealed and the 1
21+following is substituted in lieu thereof (Effective October 1, 2023): 2
22+(a) As used in this section: 3
23+(1) "Environmental justice community" means (A) a United States 4
24+census block group, as determined in accordance with the most recent 5
25+United States census, for which thirty per cent or more of the population 6
26+consists of low income persons [who are not institutionalized] and have 7
27+an income below two hundred per cent of the federal poverty level; or 8
28+(B) a distressed municipality, as defined in subsection (b) of section 32-9
29+9p; 10
30+(2) "Affecting facility" means any (A) electric generating facility with 11
31+a capacity of more than ten megawatts; (B) sludge or solid waste 12
32+incinerator or combustor; (C) [sewage treatment plant with a capacity of 13
33+more than fifty million gallons per day] publicly owned treatment 14
34+works in a community with combined sewers that transport both storm 15
35+water and sanitary sewage, or an expanded design flow rate for any 16 Substitute Bill No. 1147
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34-expanded landfill, including, but not limited to, a landfill that contains
35-ash, construction and demolition debris or solid waste; (F) medical
36-waste incinerator; or (G) major source of air pollution, as defined by the
37-federal Clean Air Act. "Affecting facility" shall not include (i) the portion
38-of an electric generating facility that uses nonemitting and nonpolluting
39-renewable resources such as wind, solar and hydro power or that uses
40-fuel cells, (ii) any facility for which a certificate of environmental
41-compatibility and public need was obtained from the Connecticut Siting
42-Council on or before January 1, 2000, or (iii) a facility of a constituent
43-unit of the state system of higher education that has been the subject of
44-an environmental impact evaluation in accordance with the provisions
45-of sections 22a-1b to 22a-1h, inclusive, and such evaluation has been
46-determined to be satisfactory in accordance with section 22a-1e;
47-(3) "Meaningful public participation" means (A) residents of an
48-environmental justice community have an appropriate opportunity to
49-participate in decisions about a proposed facility or the expansion of an
50-existing facility that may adversely affect such residents' environment
51-or health; (B) the public's participation may influence the regulatory
52-agency's decision; and (C) the applicant for a new or expanded permit,
53-certificate or siting approval seeks out and facilitates the participation
54-of those potentially affected during the regulatory process; [and]
55-(4) "Community environmental benefit agreement" means a written
56-agreement entered into by the chief elected official or town manager of
57-a municipality and an owner or developer of real property whereby the
58-owner or developer agrees to develop real property that is to be used
59-for any new or expanded affecting facility and to provide financial
60-resources for the purpose of the mitigation, in whole or in part, of
61-impacts reasonably related to the facility, including, but not limited to,
62-impacts on the environment, including, but not limited to, air quality
63-and watercourses, quality of life, asthma rates, traffic, parking and
64-noise; Substitute Senate Bill No. 1147
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42+publicly owned treatment works; (D) intermediate processing center, 17
43+volume reduction facility, solid waste transfer station, resource recovery 18
44+facility, chemical recycling facility or multitown recycling facility with a 19
45+combined monthly volume in excess of twenty-five tons; (E) [new or 20
46+expanded] landfill, including, but not limited to, a landfill that contains 21
47+ash, construction and demolition debris or solid waste; (F) medical 22
48+waste incinerator; [or] (G) major source of air pollution, as defined by 23
49+the federal Clean Air Act; (H) pipeline, terminal or bulk commercial 24
50+storage facility not providing direct-to-consumer retail or delivery for 25
51+fossil fuels, including coal, oil, petroleum and natural gas; or (I) facility 26
52+with a diversion of more than two million gallons of water per day. 27
53+"Affecting facility" shall not include (i) the portion of an electric 28
54+generating facility that uses nonemitting and nonpolluting renewable 29
55+resources such as wind, solar and hydro power or that uses fuel cells, 30
56+(ii) any facility for which a certificate of environmental compatibility 31
57+and public need was obtained from the Connecticut Siting Council on 32
58+or before January 1, 2000, [or] (iii) a facility of a constituent unit of the 33
59+state system of higher education that has been the subject of an 34
60+environmental impact evaluation in accordance with the provisions of 35
61+sections 22a-1b to 22a-1h, inclusive, and such evaluation has been 36
62+determined to be satisfactory in accordance with section 22a-1e; or (iv) 37
63+a facility with a diversion of water greater than two million gallons in 38
64+any twenty-four-hour period that diverts water for public water supply 39
65+purposes within a service area, as defined in regulations adopted 40
66+pursuant to subsection (b) of section 22a-377, that includes the origin of 41
67+such diversion; 42
68+(3) "Meaningful public participation" means (A) residents of an 43
69+environmental justice community have an appropriate opportunity to 44
70+participate in decisions about a proposed facility or the expansion of an 45
71+existing facility that may adversely affect such residents' environment 46
72+or health; (B) the public's participation may influence the regulatory 47
73+agency's decision; and (C) the applicant for a new or expanded permit, 48
74+certificate or siting approval seeks out and facilitates the participation 49
75+of those potentially affected during the regulatory process; [and] 50 Substitute Bill No. 1147
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68-(5) "Council" means the Connecticut Siting Council;
69-(6) "Department" means the Department of Energy and
70-Environmental Protection;
71-(7) "Environmental or public health stressor" means any source of
72-environmental pollution that causes a potential public health impact;
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-(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; or (B) any
85-authorization or approval required for an extension of time to complete
86-construction of a facility.
87-(b) (1) Applicants who, on or after January 1, 2009, seek to obtain any
88-certificate under chapter 277a, a new or expanded permit, except for a
89-minor modification of an existing permit for an affecting facility, or
90-siting approval from the Department of Energy and Environmental
91-Protection or the Connecticut Siting Council involving an affecting
92-facility that is proposed to be located in an environmental justice
93-community or the proposed expansion of an affecting facility located in
94-such a community, shall (A) file an assessment of environmental or
95-public health stressors and a meaningful public participation plan with
96-such department or council and shall obtain the department's or Substitute Senate Bill No. 1147
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100-council's approval of such public participation plan prior to filing any
101-application for such permit, certificate or approval except an applicant
102-for an expanded permit shall not be required to file such an assessment;
103-[and] (B) consult with the chief elected official or officials of the town or
104-towns in which the affecting facility is to be located or expanded to
105-evaluate the need for a community environmental benefit agreement in
106-accordance with subsection (d) of this section; and (C) except for
107-applicants for an expanded permit, submit and receive approval of a
108-public participation report that shall include, but not be limited to, (i) an
109-affidavit that the applicant satisfied the requirements of subdivisions (2)
110-to (5), inclusive, of this subsection; (ii) all written comments received;
111-and (iii) responses to concerns and questions presented in such written
112-and verbal comments, including any changes to the activity or affecting
113-facility proposed. Each assessment of environmental or public health
114-stressors prepared pursuant to this subsection shall contain an
115-assessment of the potential environmental and public health stressors
116-associated with the proposed new affecting facility, as applicable, and
117-shall identify any adverse environmental or public health stressors that
118-cannot be avoided if the permit is granted, and the environmental or
119-public health stressors already borne by the applicable environmental
120-justice community. The filing of an assessment of environmental or
121-public health stressors shall not be required until regulations are
122-adopted pursuant to subsection (f) of this section.
123-(2) Each such meaningful public participation plan shall contain
124-measures to facilitate meaningful public participation in the regulatory
125-process and a certification that the applicant will undertake the
126-measures contained in the plan. Such plan shall identify a time and place
127-where an informal public meeting will be held that is convenient for the
128-residents of the affected environmental justice community. In addition,
129-any such plan shall identify the methods, if any, by which the applicant
130-will publicize the date, time and nature of the informal public meeting
131-in addition to the notice by mail required by subdivision (3) of this Substitute Senate Bill No. 1147
82+(4) "Community environmental benefit agreement" means a written 51
83+agreement entered into by the chief elected official or town manager of 52
84+a municipality and an owner or developer of real property whereby the 53
85+owner or developer agrees to develop real property that is to be used 54
86+for any new or expanded affecting facility and to provide financial 55
87+resources for the purpose of the mitigation, in whole or in part, of 56
88+impacts reasonably related to the facility, including, but not limited to, 57
89+impacts on the environment, including, but not limited to, air quality 58
90+and watercourses, quality of life, asthma rates, traffic, parking and 59
91+noise; 60
92+(5) "Council" means the Connecticut Siting Council; 61
93+(6) "Department" means the Department of Energy and 62
94+Environmental Protection; 63
95+(7) "Environmental or public health stressors" means: (A) Sources of 64
96+environmental pollution, including, but not limited to, concentrated 65
97+areas of air pollution, mobile sources of air pollution, contaminated 66
98+sites, transfer stations or other solid waste facilities, recycling facilities, 67
99+scrap yards and point-sources of water pollution, including, but not 68
100+limited to, water pollution from facilities or combined sewer overflows, 69
101+or (B) conditions that may cause potential public health impacts, 70
102+including, but not limited to, asthma, cancer, elevated blood lead levels, 71
103+cardiovascular disease and developmental problems in any 72
104+environmental justice community; 73
105+(8) "Major source" means (A) a major source of air pollution, as 74
106+defined by the federal Clean Air Act or rules or regulations adopted by 75
107+the department, or (B) an affecting facility that directly emits, or has the 76
108+potential to emit, one hundred tons per year or more of any air pollutant 77
109+or other applicable criteria set forth in the federal Clean Air Act; and 78
110+(9) "Permit" means any individual facility permit, license, certificate 79
111+or siting approval issued by the department or council to a facility that 80
112+establishes the regulatory and management requirements for a 81 Substitute Bill No. 1147
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135-subsection and the publication required by subdivision [(3)] (4) of this
136-subsection. Such methods shall include, but not be limited to, (A)
137-posting a reasonably visible sign on the proposed or existing affecting
138-facility property, printed in English, in accordance with any local
139-regulations and ordinances, (B) posting a reasonably visible sign,
140-printed in all languages spoken by at least fifteen per cent of the
141-population that reside within a one-half of a mile radius of the proposed
142-or existing affecting facility, in accordance with local regulations and
143-ordinances, [and] (C) notifying local and state elected officials, in
144-writing, and (D) posting on electronic media, including, but not limited
145-to, relevant Internet web sites and social media platforms, provided
146-such notice is readily found by searching for the name of the affecting
147-facility on the Internet. Such methods may include notifying
148-neighborhood and environmental groups, in writing, in a language
149-appropriate for the target audience. The determination of the percentage
150-of persons that speak a language, for purposes of subparagraph (B) of
151-this subdivision, shall be made in accordance with the most recent
152-United States census.
153-(3) Not less than thirty days prior to the informal public meeting, the
154-applicant for a new proposed affecting facility, other than an applicant
155-for an expanded permit, shall send a notice of such informal public
156-meeting by mail to all residential households located within a one-half-
157-mile radius of the proposed or existing affecting facility. Such notice
158-shall provide the date, time and location of such meeting, a description
159-of the proposed affecting facility, a map indicating the location of the
160-affecting facility, information on how an interested person may review
161-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 Substitute Senate Bill No. 1147
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119+regulated activity pursuant to section 16-50k, 22a-174, 22a-208a or 22a-82
120+430. "Permit" does not include (A) any authorization or approval 83
121+necessary to perform a remediation conducted in accordance with the 84
122+regulations established pursuant to section 22a-133k; (B) applications 85
123+for or registrations under general permits issued by the department, 86
124+provided the Commissioner of Energy and Environmental Protection 87
125+shall evaluate the potential for environmental and health stressors when 88
126+issuing or renewing any general permit; (C) any permit for a facility 89
127+with a diversion of more than two million gallons per day where such 90
128+diverted water is used for public water supply purposes within the 91
129+exclusive service area from where such water is diverted; (D) any 92
130+authorization or approval required for a minor modification of a 93
131+facility's major source permit for activities or improvements that do not 94
132+increase emissions; or (E) any authorization or approval required for an 95
133+extension of time to complete construction of a facility. 96
134+(b) (1) Applicants who, on or after January 1, 2009, seek to obtain any 97
135+certificate under chapter 277a, new or expanded permit or siting 98
136+approval from the Department of Energy and Environmental Protection 99
137+or the Connecticut Siting Council involving an affecting facility that is 100
138+proposed to be located in an environmental justice community or the 101
139+proposed expansion of an affecting facility located in such a community, 102
140+shall (A) file an assessment of environmental or public health stressors 103
141+and a meaningful public participation plan with such department or 104
142+council and shall obtain the department's or council's approval of such 105
143+public participation plan prior to filing any application for such permit, 106
144+certificate or approval; [and] (B) consult with the chief elected official or 107
145+officials of the town or towns in which the affecting facility is to be 108
146+located or expanded to evaluate the need for a community 109
147+environmental benefit agreement in accordance with subsection (d) of 110
148+this section; and (C) submit and receive approval of a public 111
149+participation report that shall include, but not be limited to, (i) an 112
150+affidavit that the applicant satisfied the requirements of subdivisions (2) 113
151+to (5), inclusive, of this subsection; (ii) all written comments received; 114
152+and (iii) responses to concerns and questions presented in such written 115 Substitute Bill No. 1147
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170-by not less than fifteen per cent of the population that resides within
171-such one-half-mile radius of the proposed or existing affecting facility.
172-Such applicant shall subsequently send notice by mail to all such
173-residential households of any subsequent public participation
174-opportunities that occur as part of the permit approval process before
175-the department or council, and notify such residential households of any
176-notice of tentative or final determination by the department or council.
177-[(3)] (4) Not less than ten days prior to the informal public meeting
178-and not more than thirty days prior to such meeting, the applicant shall
179-publish the date, time and nature of the informal public meeting with a
180-minimum one-quarter page advertisement in a newspaper having
181-general circulation in the area affected, and any other appropriate local
182-newspaper serving such area, in the Monday issue of a daily publication
183-or any day in a weekly or monthly publication. Such advertisement shall
184-include information on how an interested person may review project
185-documents, including any complete needs assessment, alternatives
186-assessment, environmental impact analysis and assessment of
187-environmental and public health stressors, as applicable. The applicant
188-shall post a similar notification of the informal public meeting on the
189-applicant's web site, if applicable.
190-[(4)] (5) At the informal public meeting, the applicant shall make a
191-reasonable and good faith effort to provide clear, accurate and complete
192-information about the proposed affecting facility or the proposed
193-expansion of [a] such facility and the potential environmental and
194-health impacts of such affecting facility or such expansion. The applicant
195-shall accept written comments, submitted via mail or electronic mail,
196-and oral comments from any interested party, and provide an
197-opportunity for meaningful public participation at the informal public
198-meeting. Not later than thirty days after such informal public meeting,
199-the applicant, other than an applicant for an expanded permit, shall
200-submit to the department or council a public participation report, as Substitute Senate Bill No. 1147
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204-described in subdivision (1) of this subsection. The applicant shall video
205-record the informal public meeting and submit the recording to the
206-department or council with the public participation report, as
207-applicable.
208-[(5)] (6) The Department of Energy and Environmental Protection or
209-the Connecticut Siting Council shall not take any action on the
210-applicant's application for a permit, license, certificate or approval
211-earlier than sixty days after the informal public meeting or the date the
212-department or council approves the public participation report,
213-whichever date is earlier. For any such application filed on or after
214-November 1, [2020] 2023, if the applicant fails to undertake the
215-requirements of [subparagraphs (B) to (D), inclusive, of subdivision (2)
216-of this subsection or subdivision (3) or (4) of] this subsection, any such
217-application shall be deemed insufficient. The application of an applicant
218-who fails to receive approval of any required public participation report
219-by the department or council, as applicable, shall be deemed
220-insufficient.
221-[(6)] (7) In the event that the Connecticut Siting Council has approved
222-a meaningful public participation plan or public participation report, as
223-applicable, concerning a new or expanded proposed affecting facility, as
224-applicable, and an informal public meeting has been held in accordance
225-with this subsection, the Department of Energy and Environmental
226-Protection may [approve such plan and] waive the requirement that an
227-additional informal public meeting be held in accordance with this
228-subsection.
229-(8) In addition to any other fee authorized by law, rule or regulation,
230-the department or council, as applicable, may assess each permit, license
231-or certificate applicant a reasonable fee in order to cover the costs
232-associated with the implementation of this section, including all costs to
233-provide technical assistance to permit applicants and environmental
234-justice communities to comply with the provisions of this section. Substitute Senate Bill No. 1147
159+and verbal comments, including any changes to the activity or affecting 116
160+facility proposed. Each assessment of environmental or public health 117
161+stressors prepared pursuant to this subsection shall contain an 118
162+assessment of the potential environmental and public health stressors 119
163+associated with the proposed new or expanded affecting facility, as 120
164+applicable, and shall identify any adverse environmental or public 121
165+health stressors that cannot be avoided if the permit is granted, and the 122
166+environmental or public health stressors already borne by the applicable 123
167+environmental justice community. 124
168+(2) Each such meaningful public participation plan shall contain 125
169+measures to facilitate meaningful public participation in the regulatory 126
170+process and a certification that the applicant will undertake the 127
171+measures contained in the plan. Such plan shall identify a time and place 128
172+where an informal public meeting will be held that is convenient for the 129
173+residents of the affected environmental justice community. In addition, 130
174+any such plan shall identify the methods, if any, by which the applicant 131
175+will publicize the date, time and nature of the informal public meeting 132
176+in addition to the notice by mail required by subdivision (3) of this 133
177+subsection and the publication required by subdivision [(3)] (4) of this 134
178+subsection. Such methods shall include, but not be limited to, (A) 135
179+posting a reasonably visible sign on the proposed or existing affecting 136
180+facility property, printed in English, in accordance with any local 137
181+regulations and ordinances, (B) posting a reasonably visible sign, 138
182+printed in all languages spoken by at least fifteen per cent of the 139
183+population that reside within a one-half of a mile radius of the proposed 140
184+or existing affecting facility, in accordance with local regulations and 141
185+ordinances, [and] (C) notifying local and state elected officials, in 142
186+writing, and (D) a posting on electronic media, including, but not 143
187+limited to, relevant Internet web sites and social media platforms, 144
188+provided such notice is readily found by searching for the name of the 145
189+affecting facility on the Internet. Such methods may include notifying 146
190+neighborhood and environmental groups, in writing, in a language 147
191+appropriate for the target audience. The determination of the percentage 148
192+of persons that speak a language, for purposes of subparagraph (B) of 149 Substitute Bill No. 1147
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238-(c) Any municipality, owner or developer may enter into a
239-community environmental benefit agreement in connection with an
240-affecting facility. For any application filed on or after November 1, 2020,
241-for such an affecting facility that: (1) Requires a certificate under chapter
242-277a, or (2) constitutes a new or expanded permit, except for a minor
243-modification or improvement of an existing permit for such facility, or
244-siting approval from the Department of Energy and Environmental
245-Protection or the Connecticut Siting Council involving an affecting
246-facility, and that is proposed to be located in an environmental justice
247-community or [is proposed to be] the proposed expansion of an
248-affecting facility to be located in such a community, the applicant shall
249-enter into such an agreement with the municipality if there are five or
250-more affecting facilities in such municipality at the time such application
251-is filed. The Commissioner of Energy and Environmental Protection
252-shall not issue a notice of tentative determination regarding a new or
253-modified permit unless the applicant has submitted a copy of the
254-executed agreement with the municipality. Mitigation may include both
255-on-site and off-site improvements, activities and programs, including,
256-but not limited to: Funding for activities such as environmental
257-education, diesel pollution reduction, electric vehicle charging
258-infrastructure construction, establishment of a wellness clinic, ongoing
259-asthma screening, provision of air monitoring performed by a
260-credentialed environmental professional, performance of an ongoing
261-traffic study, watercourse monitoring, construction of biking facilities
262-and multi-use trails, staffing for parks, urban forestry, support for
263-community gardens or any other negotiated benefit to the environment
264-in the environmental justice community. Prior to negotiating the terms
265-of a community environmental benefit agreement, the municipality
266-shall provide a reasonable and public opportunity for residents of the
267-potentially affected environmental justice community to be heard
268-concerning the requirements of or need for, and terms of, such
269-agreement. Any mitigation contained in such an agreement shall have a
270-nexus to the impacts caused by the proposed facility and shall be Substitute Senate Bill No. 1147
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199+this subdivision, shall be made in accordance with the most recent 150
200+United States census. 151
201+(3) Not less than thirty days prior to the informal public meeting, the 152
202+applicant shall send a notice of such informal public meeting by mail to 153
203+all residential households located within a one-half-mile radius of the 154
204+proposed or existing affecting facility. Such notice shall provide the 155
205+date, time and location of such meeting, a description of the proposed 156
206+or expanded affecting facility, a map indicating the location of the 157
207+affecting facility, information on how an interested person may review 158
208+project documents, including any complete needs assessment, 159
209+alternatives assessment, environmental impact analysis or assessment 160
210+of environmental or public health stressors, addresses for mailed and 161
211+Internet-based submission of written public comments and any other 162
212+information deemed appropriate by the department or council. The 163
213+applicant shall provide such notice in writing in all languages spoken 164
214+by not less than fifteen per cent of the population that resides within 165
215+such one-half-mile radius of the proposed or existing affecting facility. 166
216+Such applicant shall subsequently send notice by mail to all such 167
217+residential households of any subsequent public participation 168
218+opportunities that occur as part of the permit approval process before 169
219+the department or council, and to notify such residential households of 170
220+any notice of tentative or final determination by the department or 171
221+council. 172
222+[(3)] (4) Not less than ten days prior to the informal public meeting 173
223+and not more than thirty days prior to such meeting, the applicant shall 174
224+publish the date, time and nature of the informal public meeting with a 175
225+minimum one-quarter page advertisement in a newspaper having 176
226+general circulation in the area affected, and any other appropriate local 177
227+newspaper serving such area, in the Monday issue of a daily publication 178
228+or any day in a weekly or monthly publication. Such advertisement shall 179
229+include information on how an interested person may review project 180
230+documents, including any complete needs assessment, alternatives 181
231+assessment, environmental impact analysis and assessment of 182 Substitute Bill No. 1147
273232
274-proportional to such impacts.
275-(d) The chief elected official or town manager of a municipality shall
276-participate in the negotiations for any such community environmental
277-benefit agreement and shall implement, administer and enforce such an
278-agreement on behalf of the municipality, provided any such agreement
279-negotiated pursuant to this section on and after November 1, 2020, shall
280-be approved by the legislative body of the municipality prior to
281-implementation, administration and enforcement of such agreement.
282-Such chief elected official or town manager shall select a resident of the
283-potentially affected environmental justice community to participate in
284-such negotiations.
285-(e) The terms of any community environmental benefit agreement
286-negotiated, entered into and approved in accordance with this section
287-on and after November 1, 2020, shall not constitute a separate and
288-distinct basis for a pleading to intervene in any administrative, licensing
289-or other proceeding pursuant to section 22a-19.
290-(f) The Commissioner of Energy and Environmental Protection shall
291-adopt regulations, in accordance with the provisions of chapter 54, as
292-are necessary and proper to carry out the purposes of this section. The
293-provisions of subsection (g) of this section shall not take effect until the
294-adoption of the regulations pursuant to this subsection. Such
295-regulations shall include, but not be limited to, provisions regarding: (1)
296-Procedures and requirements for creating the meaningful public
297-participation plan and the public participation report required by this
298-section; (2) the identification and measurement of the relative impact of
299-environmental and public health stressors across communities; (3) tools
300-for stakeholder industries and sectors to use that take account of any
301-such environmental or public health stressors, including tools to help
302-inform decisions about potential locations for proposed affecting
303-facilities that comply with the provisions of this section; and (4)
304-standards for denying or placing conditions on permits. The Substitute Senate Bill No. 1147
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308-commissioner shall consult with stakeholder industries and sectors
309-when developing the regulations pursuant to this section.
310-(g) (1) On and after the adoption of regulations pursuant to
311-subsection (f) of this section, the department's review of any such
312-application for a proposed affecting facility, other than an application
313-for an expanded permit, shall be conducted in accordance with any such
314-regulations, as applicable, and the council's review of any such
315-application may be conducted in accordance with any such regulations.
316-(2) The department or the council, as applicable, may deny any
317-application for a permit for a proposed affecting facility, other than an
318-application for an expanded permit, upon a finding that approval of the
319-permit, as proposed, would, together with other environmental or
320-public health stressors affecting the applicable environmental justice
321-community, result in adverse cumulative environmental or public
322-health stressors in such environmental justice community that are
323-higher than those borne by other communities within the state, county
324-or other geographic unit of analysis, as determined by the department
325-or council. Any such determination by the department shall be made in
326-accordance with the applicable regulations adopted pursuant to
327-subsection (f) of this section and any such determination by the council
328-may be made in accordance with such regulations.
329-(3) If such permit for a proposed affecting facility, other than a permit
330-for an expanded facility, is granted, the department or council, as
331-applicable, may impose reasonable conditions on the construction and
332-operation of the proposed affecting facility that are intended to mitigate
333-environmental and public health impacts.
334-(4) The department or the council, as applicable, shall provide notice,
335-in writing, to any applicant for any such proposed affecting facility of
336-any tentative determination regarding compliance with the applicable
337-regulations adopted pursuant to subsection (f) of this section. Substitute Senate Bill No. 1147
238+environmental and public health stressors. The applicant shall post a 183
239+similar notification of the informal public meeting on the applicant's 184
240+web site, if applicable. 185
241+[(4)] (5) At the informal public meeting, the applicant shall make a 186
242+reasonable and good faith effort to provide clear, accurate and complete 187
243+information about the proposed affecting facility or the proposed 188
244+expansion of [a] such facility and the potential environmental and 189
245+health impacts of such affecting facility or such expansion. The applicant 190
246+shall accept written comments, submitted via mail or electronic mail, 191
247+and oral comments from any interested party, and provide an 192
248+opportunity for meaningful public participation at the informal public 193
249+meeting. Not later than thirty days after such informal public meeting, 194
250+the applicant shall submit to the department or council a public 195
251+participation report, as described in subdivision (1) of this subsection. 196
252+The applicant shall video record the informal public meeting and submit 197
253+the recording to the department or council with the public participation 198
254+report. 199
255+[(5)] (6) The Department of Energy and Environmental Protection or 200
256+the Connecticut Siting Council shall not take any action on the 201
257+applicant's application for a permit, license, certificate or approval 202
258+earlier than [sixty days after the informal public meeting] the date the 203
259+department or council approves the public participation report. For any 204
260+such application filed on or after November 1, [2020] 2023, if the 205
261+applicant fails to undertake the requirements of [subparagraphs (B) to 206
262+(D), inclusive, of subdivision (2) of this subsection or subdivision (3) or 207
263+(4) of] this subsection, any such application shall be deemed insufficient. 208
264+The application of an applicant who fails to receive approval of such 209
265+public participation report by the department or council, as applicable, 210
266+shall be deemed insufficient. 211
267+[(6)] (7) In the event that the Connecticut Siting Council has approved 212
268+a [meaningful public participation plan] public participation report 213
269+concerning a new or expanded affecting facility and an informal public 214
270+meeting has been held in accordance with this subsection, the 215 Substitute Bill No. 1147
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341-(5) If any hearing is held on any application subject to the
342-requirements of this section, compliance with the applicable regulations
343-adopted pursuant to subsection (f) of this section shall be considered at
344-such hearing.
345-(6) The department or council, as applicable, shall publish any
346-determination made pursuant to this subsection to the department's or
347-council's Internet web site.
348-(h) Notwithstanding any provision of the general statutes, the
349-department or council, as applicable, may, after review of the public
350-participation report and any other relevant information, including
351-testimony and written comments received in connection with the
352-meaningful public participation plan, apply reasonable conditions to a
353-new permit for an affecting facility, other than a permit for an expanded
354-facility, concerning the construction and operation of the facility to
355-protect the environment and public health, upon a finding by the
356-department or council, as applicable, that approval of such permit, as
357-proposed, would, together with other environmental or public health
358-stressors affecting the applicable environmental justice community,
359-result in adverse cumulative environmental or public health stressors in
360-such environmental justice community that are higher than those borne
361-by other communities in the state, county or other geographic unit of
362-analysis, as determined by the department or council. Any such
363-determination by the department shall be made in accordance with the
364-applicable regulations adopted pursuant to subsection (f) of this section
365-and any such determination by the council may be made in accordance
366-with such regulations.
367-(i) If a permit applicant applies for more than one new proposed
368-affecting facility, the permit applicant shall only be required to comply
369-with the provisions of this section once, unless the department or
370-council, as applicable, determines that more than one informal public
371-meeting is necessary due to the complexity of the permit applications Substitute Senate Bill No. 1147
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277+Department of Energy and Environmental Protection may [approve 216
278+such plan and] waive the requirement that an additional informal public 217
279+meeting be held in accordance with this subsection. 218
280+(8) In addition to any other fee authorized by law, rule or regulation, 219
281+the department or council, as applicable, may assess each permit, license 220
282+or certificate applicant a reasonable fee in order to cover the costs 221
283+associated with the implementation of this section, including all costs to 222
284+provide technical assistance to permit applicants and environmental 223
285+justice communities to comply with the provisions of this section. 224
286+(c) Any municipality, owner or developer may enter into a 225
287+community environmental benefit agreement in connection with an 226
288+expanded or new affecting facility. For any application filed on or after 227
289+November 1, 2020, for such an affecting facility that: (1) Requires a 228
290+certificate under chapter 277a, or (2) constitutes a new or expanded 229
291+permit or siting approval from the Department of Energy and 230
292+Environmental Protection or the Connecticut Siting Council, and that is 231
293+located in an environmental justice community or is proposed to be 232
294+located in such a community, the applicant shall enter into such an 233
295+agreement with the municipality if there are five or more affecting 234
296+facilities in such municipality at the time such application is filed. 235
297+Mitigation may include both on-site and off-site improvements, 236
298+activities and programs, including, but not limited to: Funding for 237
299+activities such as environmental education, diesel pollution reduction, 238
300+electric vehicle charging infrastructure construction, establishment of a 239
301+wellness clinic, ongoing asthma screening, provision of air monitoring 240
302+performed by a credentialed environmental professional, performance 241
303+of an ongoing traffic study, watercourse monitoring, construction of 242
304+biking facilities and multi-use trails, staffing for parks, urban forestry, 243
305+support for community gardens or any other negotiated benefit to the 244
306+environment in the environmental justice community. Prior to 245
307+negotiating the terms of a community environmental benefit agreement, 246
308+the municipality shall provide a reasonable and public opportunity for 247
309+residents of the potentially affected environmental justice community to 248 Substitute Bill No. 1147
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375-necessary for the proposed affecting facility. Nothing in this subsection
376-shall be construed to limit the authority of the department or council to
377-hold or require any public hearing, as may be required by any other
378-provision of the general statutes, federal law or rule or regulation.
379-(j) Nothing in this section shall be construed to limit the right of an
380-applicant to continue facility operations during the process of permit
381-approval to the extent such right is conveyed by an applicable law, rule
382-or regulation. Nothing in this section shall be construed to apply to
383-permit renewals or permit modifications.
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316+be heard concerning the requirements of or need for, and terms of, such 249
317+agreement. 250
318+(d) The chief elected official or town manager of a municipality shall 251
319+participate in the negotiations for any such community environmental 252
320+benefit agreement and shall implement, administer and enforce such an 253
321+agreement on behalf of the municipality, provided any such agreement 254
322+negotiated pursuant to this section on and after November 1, 2020, shall 255
323+be approved by the legislative body of the municipality prior to 256
324+implementation, administration and enforcement of such agreement. 257
325+Such chief elected official or town manager shall select a resident of the 258
326+potentially affected environmental justice community to participate in 259
327+such negotiations. 260
328+(e) The terms of any community environmental benefit agreement 261
329+negotiated, entered into and approved in accordance with this section 262
330+on and after November 1, 2020, shall not constitute a separate and 263
331+distinct basis for a pleading to intervene in any administrative, licensing 264
332+or other proceeding pursuant to section 22a-19. 265
333+(f) (1) The Commissioner of Energy and Environmental Protection 266
334+shall adopt regulations, in accordance with the provisions of chapter 54, 267
335+as are necessary and proper to carry out the purposes of this section. The 268
336+provisions of subsection (g) of this section shall not take effect until the 269
337+adoption of the regulations pursuant to this subsection. Such 270
338+regulations shall include, but not be limited to, provisions regarding: 271
339+(A) Procedures and requirements for creating the meaningful public 272
340+participation plan and the public participation report required by this 273
341+section; (B) the identification and measurement of the relative impact of 274
342+environmental and public health stressors across communities; (C) tools 275
343+for stakeholder industries and sectors to use that take account of any 276
344+such environmental or public health stressors, including tools to help 277
345+inform decisions about potential locations for new or expanded 278
346+affecting facilities that comply with the provisions of this section; and 279
347+(D) standards for denying or placing conditions on permits. The 280
348+commissioner shall consult with stakeholder industries and sectors 281 Substitute Bill No. 1147
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355+when developing the regulations pursuant to this section. 282
356+(2) Notwithstanding any provision of the general statutes, the 283
357+commissioner may subject the renewal of any permit issued for an 284
358+affecting facility to some or all of the provisions of this section and any 285
359+regulation adopted pursuant to this subsection by adopting regulations, 286
360+in accordance with the provisions of chapter 54, that include, but are not 287
361+limited to, the identification of: (A) Each type of renewal permit subject 288
362+to the provisions of this subdivision; (B) the types of affecting facilities 289
363+subject to the provisions of this subdivision; and (C) the specific 290
364+requirements of this section and any regulation adopted pursuant to this 291
365+subsection that apply to each such renewal permit and affecting facility. 292
366+No renewal permit shall be subject to the requirements of this section 293
367+prior to the effective date of regulations adopted pursuant to this 294
368+subdivision. 295
369+(g) (1) On and after the adoption of regulations pursuant to 296
370+subdivision (1) or (2) of subsection (f) of this section, the department's 297
371+review of any such application or renewal permit shall be conducted in 298
372+accordance with any such regulations, as applicable, and the council's 299
373+review of any such application may be conducted in accordance with 300
374+any such regulations. 301
375+(2) The department or the council, as applicable, may deny any 302
376+application for a permit for a new affecting facility upon a finding that 303
377+approval of the permit, as proposed, would, together with other 304
378+environmental or public health stressors affecting the applicable 305
379+environmental justice community, result in adverse cumulative 306
380+environmental or public health stressors in such environmental justice 307
381+community that are higher than those borne by other communities 308
382+within the state, county or other geographic unit of analysis, as 309
383+determined by the department or council. Any such determination by 310
384+the department shall be made in accordance with the applicable 311
385+regulations adopted pursuant to subsection (f) of this section and any 312
386+such determination by the council may be made in accordance with such 313
387+regulations. 314 Substitute Bill No. 1147
388+
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394+(3) If such permit is granted, the department or council, as applicable, 315
395+may impose conditions on the construction and operation of the new 316
396+affecting facility that are intended to mitigate environmental and public 317
397+health impacts. 318
398+(4) The department or the council, as applicable, shall provide notice, 319
399+in writing, to any applicant for any such new affecting facility of any 320
400+tentative determination regarding compliance with the applicable 321
401+regulations adopted pursuant to subsection (f) of this section. 322
402+(5) If any hearing is held on any application or renewal permit subject 323
403+to the requirements of this section, compliance with the applicable 324
404+regulations adopted pursuant to subsection (f) of this section shall be 325
405+considered at such hearing. 326
406+(6) The department or council, as applicable, shall publish any 327
407+determination made pursuant to this subsection to the department's or 328
408+council's Internet web site. 329
409+(h) Notwithstanding any provision of the general statutes, the 330
410+department or council, as applicable, may, after review of the public 331
411+participation report and any other relevant information, including 332
412+testimony and written comments received in connection with the 333
413+meaningful public participation plan, apply conditions to a permit for 334
414+the expansion of an existing affecting facility concerning the 335
415+construction and operation of the facility to protect the environment and 336
416+public health, upon a finding by the department or council, as 337
417+applicable, that approval of such permit, as proposed, would, together 338
418+with other environmental or public health stressors affecting the 339
419+applicable environmental justice community, result in adverse 340
420+cumulative environmental or public health stressors in such 341
421+environmental justice community that are higher than those borne by 342
422+other communities in the state, county or other geographic unit of 343
423+analysis, as determined by the department or council. Any such 344
424+determination by the department shall be made in accordance with the 345
425+applicable regulations adopted pursuant to subsection (f) of this section 346 Substitute Bill No. 1147
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432+and any such determination by the council may be made in accordance 347
433+with such regulations. 348
434+(i) If a permit applicant applies for more than one permit for a 349
435+proposed new or expanded affecting facility, the permit applicant shall 350
436+only be required to comply with the provisions of this section once, 351
437+unless the department or council, as applicable, determines that more 352
438+than one informal public meeting is necessary due to the complexity of 353
439+the permit applications necessary for the proposed new or expanded 354
440+affecting facility. Nothing in this subsection shall be construed to limit 355
441+the authority of the department or council to hold or require any public 356
442+hearing, as may be required by any other provision of the general 357
443+statutes, federal law or rule or regulation. 358
444+(j) Nothing in this section shall be construed to limit the right of an 359
445+applicant to continue facility operations during the process of permit 360
446+approval to the extent such right is conveyed by an applicable law, rule 361
447+or regulation. 362
448+This act shall take effect as follows and shall amend the following
449+sections:
450+
451+Section 1 October 1, 2023 22a-20a
452+
453+LCO Statement: In Subsec. (b)(3) "not more than" was changed to
454+"within" for consistency.
455+
456+ENV Joint Favorable Subst.
457+APP Joint Favorable
384458