Connecticut 2024 2024 Regular Session

Connecticut House Bill HB05453 Comm Sub / Bill

Filed 04/11/2024

                     
 
LCO 	1 of 14 
  
General Assembly  Substitute Bill No. 5453  
February Session, 2024 
 
 
 
AN ACT CONCERNING THE MEMBERSHIP AND PROCESSES OF 
THE CONNECTICUT SITING COUNCIL.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 16-50j of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2024): 2 
(a) There is established [a "Connecticut Siting Council"] the 3 
Connecticut Siting Council, hereinafter referred to in this title as the 4 
"council", which shall be within the Department of Energy and 5 
Environmental Protection for administrative purposes only. 6 
(b) Except [for proceedings under chapter 445, this subsection and 7 
subsection (c) of this section, the] as provided in subsection (c) of this 8 
section, on and after October 1, 2024, the council shall consist of: (1) The 9 
Commissioner of Energy and Environmental Protection, or [his] the 10 
commissioner's designee; (2) the chairperson of the Public Utilities 11 
Regulatory Authority, or the chairperson's designee; (3) one designee of 12 
the speaker of the House and one designee of the president pro tempore 13 
of the Senate; [and] (4) five members of the public, to be appointed by 14 
the Governor, at least two of whom [shall be] are experienced in the field 15 
of ecology [, and not more than one of whom] and at least three of whom 16 
are experienced in the field of engineering; and (5) four ad hoc members, 17 
three of whom are electors from the municipality in which the proposed 18 
facility is to be located and one of whom is an elector from a neighboring 19  Substitute Bill No. 5453 
 
 
LCO   	2 of 14 
 
municipality likely to be most affected by the proposed facility. Such ad 20 
hoc members shall be appointed by the chief elected official of the 21 
municipality such member represents. Not more than three of the 22 
members designated or appointed under subdivisions (3) to (5), 23 
inclusive, of this subsection shall have affiliation, past or present, with 24 
(A) any utility or governmental utility regulatory agency, including any 25 
direct financial investment in any utility, other than a mutual fund, or 26 
[with] (B) any person owning, operating, controlling, or presently 27 
contracting with respect to a facility, a hazardous waste facility, as 28 
defined in section 22a-115, or an ash residue disposal area. 29 
(c) For proceedings under chapter 445, [subsection (b) of this section 30 
and this subsection,] the council shall consist of (1) the Commissioners 31 
of Public Health and Emergency Services and Public Protection or their 32 
designated representatives; (2) the designees of the speaker of the House 33 
of Representatives and the president pro tempore of the Senate as 34 
provided in subsection (b) of this section; (3) the five members of the 35 
public as provided in subsection (b) of this section; and (4) four ad hoc 36 
members [, three of whom shall be electors from the municipality in 37 
which the proposed facility is to be located and one of whom shall be an 38 
elector from a neighboring municipality likely to be most affected by the 39 
proposed facility. The] as provided in subsection (b) of this section. 40 
(d) For the appointment of ad hoc members in accordance with 41 
subsections (b) and (c) of this section, the municipality most affected by 42 
the proposed facility shall be determined by the permanent members of 43 
the council. If any one of the five members of the public or of the 44 
designees of the speaker of the House of Representatives or the 45 
president pro tempore of the Senate resides [(A)] (1) in the municipality 46 
in which a hazardous waste facility is proposed to be located for a 47 
proceeding concerning a hazardous waste facility or in which a low-48 
level radioactive waste facility is proposed to be located for a proceeding 49 
concerning a low-level radioactive waste facility, or [(B)] (2) in the 50 
neighboring municipality likely to be most affected by the proposed 51 
facility, the appointing authority shall appoint a substitute member for 52 
the proceedings on such proposal. If any appointee is unable to perform 53  Substitute Bill No. 5453 
 
 
LCO   	3 of 14 
 
[his] such appointee's duties on the council due to illness, or has a 54 
substantial financial or employment interest which is in conflict with the 55 
proper discharge of [his] the appointee's duties under this chapter, the 56 
appointing authority shall appoint a substitute member for proceedings 57 
on such proposal. An appointee shall report any substantial financial or 58 
employment interest which might conflict with the proper discharge of 59 
[his] the appointee's duties under this chapter to the appointing 60 
authority who shall determine if such conflict exists. If any state agency 61 
is the applicant, an appointee shall not be deemed to have a substantial 62 
employment conflict of interest because of employment with the state 63 
unless such appointee is directly employed by the state agency making 64 
the application. Ad hoc members [shall be appointed by the chief elected 65 
official of the municipality they represent and] shall continue their 66 
membership until the council issues a letter of completion of the 67 
development and management plan to the applicant. 68 
[(d)] (e) The [chairman] chairperson of the council shall be appointed 69 
by the Governor from among the five public members appointed by 70 
[him] the Governor, with the advice and consent of the House or Senate, 71 
and shall serve as [chairman] chairperson at the pleasure of the 72 
Governor. 73 
[(e)] (f) The public members of the council, including the [chairman] 74 
chairperson, the members appointed by the speaker of the House and 75 
president pro tempore of the Senate and the four ad hoc members 76 
specified in [subsection] subsections (b) and (c) of this section, shall be 77 
compensated for their attendance at public hearings, executive sessions, 78 
or other council business as may require their attendance at the rate of 79 
two hundred dollars, provided in no case shall the daily compensation 80 
exceed two hundred dollars. 81 
(g) The council shall employ such employees as may be necessary to 82 
carry out the provisions of this chapter, provided not less than two of 83 
such employees shall have expertise in engineering and not less than 84 
three of such employees shall have expertise in financial analysis. 85  Substitute Bill No. 5453 
 
 
LCO   	4 of 14 
 
[(f)] (h) The council shall, in addition to its other duties prescribed in 86 
this chapter, adopt, amend, or rescind suitable regulations to carry out 87 
the provisions of this chapter and the policies and practices of the 88 
council in connection therewith, and appoint and prescribe the duties of 89 
such staff as may be necessary to carry out the provisions of this chapter. 90 
The [chairman] chairperson of the council, with the consent of five or 91 
more other members of the council, may appoint an executive director, 92 
who shall be the chief administrative officer of the Connecticut Siting 93 
Council. The executive director shall be exempt from classified service. 94 
[(g)] (i) Prior to commencing any hearing pursuant to section 16-50m, 95 
the council shall consult with and solicit written comments from (1) the 96 
Department of Energy and Environmental Protection, the Department 97 
of Public Health, the Council on Environmental Quality, the 98 
Department of Agriculture, the Public Utilities Regulatory Authority, 99 
the Office of Policy and Management, the Department of Economic and 100 
Community Development and the Department of Transportation, and 101 
(2) in a hearing pursuant to section 16-50m, for a facility described in 102 
subdivision (3) of subsection (a) of section 16-50i, the Department of 103 
Emergency Services and Public Protection, the Department of 104 
Administrative Services and the Labor Department. Copies of such 105 
comments shall be made available to all parties prior to the 106 
commencement of the hearing. Subsequent to the commencement of the 107 
hearing, said departments and council may file additional written 108 
comments with the council within such period of time as the council 109 
designates. All such written comments shall be made part of the record 110 
provided by section 16-50o. Said departments and council shall not 111 
enter any contract or agreement with any party to the proceedings or 112 
hearings described in this section or section 16-50p, as amended by this 113 
act, that requires said departments or council to withhold or retract 114 
comments, refrain from participating in or withdraw from said 115 
proceedings or hearings. 116 
Sec. 2. Subsections (a) and (b) of section 16-50l of the general statutes 117 
are repealed and the following is substituted in lieu thereof (Effective 118 
October 1, 2024): 119  Substitute Bill No. 5453 
 
 
LCO   	5 of 14 
 
(a) To initiate a certification proceeding, an applicant for a certificate 120 
shall file with the council an application, in such form as the council may 121 
prescribe, accompanied by a filing fee of not more than twenty-five 122 
thousand dollars, which fee shall be established in accordance with 123 
section 16-50t, and a municipal participation fee of twenty-five 124 
thousand dollars to be deposited in the account established pursuant to 125 
section 16-50bb, except that an application for a facility described in 126 
subdivision (5) or (6) of subsection (a) of section 16-50i shall not pay such 127 
municipal participation fee. An application shall contain such 128 
information as the applicant may consider relevant and the council or 129 
any department or agency of the state exercising environmental controls 130 
may by regulation require, including the following information: 131 
(1) In the case of facilities described in subdivisions (1), (2) and (4) of 132 
subsection (a) of section 16-50i: (A) A description, including estimated 133 
costs, of the proposed transmission line, substation or switchyard, 134 
covering, where applicable underground cable sizes and specifications, 135 
overhead tower design and appearance and heights, if any, conductor 136 
sizes, and initial and ultimate voltages and capacities; (B) a statement 137 
and full explanation of why the proposed transmission line, substation 138 
or switchyard is necessary and how the facility conforms to a long-range 139 
plan for expansion of the electric power grid serving the state and 140 
interconnected utility systems, that will serve the public need for 141 
adequate, reliable and economic service; (C) a map of suitable scale of 142 
the proposed routing or site, showing details of the rights-of-way or site 143 
in the vicinity of settled areas, parks, recreational areas and scenic areas, 144 
residential areas, private or public schools, child care centers, as 145 
described in section 19a-77, group child care homes, as described in 146 
section 19a-77, family child care homes, as described in section 19a-77, 147 
licensed youth camps, and public playgrounds and showing existing 148 
transmission lines within one mile of the proposed route or site; (D) a 149 
justification for adoption of the route or site selected, including 150 
comparison with alternative routes or sites which are environmentally, 151 
technically and economically practical; (E) a description of the effect of 152 
the proposed transmission line, substation or switchyard on the 153  Substitute Bill No. 5453 
 
 
LCO   	6 of 14 
 
environment, ecology, and scenic, historic and recreational values; (F) a 154 
justification for overhead portions, if any, including life-cycle cost 155 
studies comparing overhead alternatives with underground 156 
alternatives, and effects described in subparagraph (E) of this 157 
subdivision of undergrounding; (G) a schedule of dates showing the 158 
proposed program of right -of-way or property acquisition, 159 
construction, completion and operation; (H) an identification of each 160 
federal, state, regional, district and municipal agency with which 161 
proposed route or site reviews have been undertaken, including a copy 162 
of each written agency position on such route or site; and (I) an 163 
assessment of the impact of any electromagnetic fields to be produced 164 
by the proposed transmission line; [and] 165 
(2) In the case of facilities described in subdivision (3) of subsection 166 
(a) of section 16-50i: (A) A description of the proposed electric 167 
generating or storage facility; (B) a statement and full explanation of 168 
why the proposed facility is necessary; (C) a statement of loads and 169 
resources, as described in section 16-50r; (D) safety and reliability 170 
information, including planned provisions for emergency operations 171 
and shutdowns; (E) estimated cost information, including plant costs, 172 
fuel costs, plant service life and capacity factor, and total generating cost 173 
per kilowatt-hour, both at the plant and related transmission, and 174 
comparative costs of alternatives considered; (F) a schedule showing the 175 
program for design, material acquisition, construction and testing, and 176 
operating dates; (G) available site information, including maps and 177 
description and present and proposed development, and geological, 178 
scenic, ecological, seismic, biological, water supply, population and load 179 
center data; (H) justification for adoption of the site selected, including 180 
comparison with alternative sites; (I) design information, including a 181 
description of facilities, plant efficiencies, electrical connections to the 182 
system, and control systems; (J) a description of provisions, including 183 
devices and operations, for mitigation of the effect of the operation of 184 
the facility on air and water quality, for waste disposal, and for noise 185 
abatement, and information on other environmental aspects; and (K) a 186 
listing of federal, state, regional, district and municipal agencies from 187  Substitute Bill No. 5453 
 
 
LCO   	7 of 14 
 
which approvals either have been obtained or will be sought covering 188 
the proposed facility, copies of approvals received and the planned 189 
schedule for obtaining those approvals not yet received; and 190 
(3) In addition to the requirements of subdivisions (1) and (2) of this 191 
subsection, in the case of any facility described in subdivision (1) of 192 
subsection (a) of section 16-50i, an analysis of: (A) The costs compared 193 
to the benefits of the proposed facility for ratepayers of this state while 194 
also comparing the proposed location and type of proposed facility to 195 
any feasible alternative locations or types of facilities; (B) how the costs 196 
of the proposed facility will be reimbursed to or distributed among 197 
ratepayers of this state compared to how such costs will be reimbursed 198 
or distributed by other states; and (C) the benefits to the ratepayers of 199 
this state from the construction of the proposed facility compared to any 200 
benefits to individuals in other states. 201 
(b) Each application shall be accompanied by proof of service of a 202 
copy of such application on: (1) Each municipality in which any portion 203 
of such facility is to be located, both as primarily proposed and in the 204 
alternative locations listed, and any adjoining municipality having a 205 
boundary not more than two thousand five hundred feet from such 206 
facility, which copy shall be served on the chief executive officer of each 207 
such municipality and shall include notice of the date on or about which 208 
the application is to be filed, and the zoning commissions, planning 209 
commissions, planning and zoning commissions, conservation 210 
commissions and inland wetlands agencies of each such municipality, 211 
and the regional councils of governments which encompass each such 212 
municipality; (2) the Attorney General; (3) each member of the 213 
legislature in whose assembly or senate district the facility or any 214 
alternative location listed in the application is to be located; (4) any 215 
agency, department or instrumentality of the federal government that 216 
has jurisdiction, whether concurrent with the state or otherwise, over 217 
any matter that would be affected by such facility; (5) each state 218 
department, agency and commission named in subsection [(g)] (i) of 219 
section 16-50j, as amended by this act; and (6) such other state and 220 
municipal bodies as the council may by regulation designate. A notice 221  Substitute Bill No. 5453 
 
 
LCO   	8 of 14 
 
of such application shall be given to the general public, in municipalities 222 
entitled to receive notice under subdivision (1) of this subsection, by the 223 
publication of a summary of such application and the date on or about 224 
which it will be filed. Such notice shall be published under the 225 
regulations to be promulgated by the council, in such form and in such 226 
newspapers as will serve substantially to inform the public of such 227 
application and to afford interested persons sufficient time to prepare 228 
for and to be heard at the hearing prescribed in section 16-50m. Such 229 
notice shall be published in not less than ten-point type. A notice of such 230 
an application for a certificate for a facility described in subdivision (3), 231 
(4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by 232 
certified or registered mail, to each person appearing of record as an 233 
owner of property which abuts the proposed primary or alternative sites 234 
on which the facility would be located. Such notice shall be sent at the 235 
same time that notice of such application is given to the general public. 236 
Notice of an application for a certificate for a facility described in 237 
subdivision (1) of subsection (a) of section 16-50i shall also be provided 238 
to each electric distribution company customer in the municipality 239 
where the facility is proposed to be placed. Such notice shall (A) be 240 
provided on a separate enclosure with each customer's monthly bill for 241 
one or more months, (B) be provided by the electric distribution 242 
company not earlier than sixty days prior to filing the application with 243 
the council, but not later than the date that the application is filed with 244 
the council, and (C) include: A brief description of the project, including 245 
its location relative to the affected municipality and adjacent streets; a 246 
brief technical description of the project including its proposed length, 247 
voltage, and type and range of heights of support structures or 248 
underground configuration; the reason for the project; the address and 249 
a toll-free telephone number of the applicant by which additional 250 
information about the project can be obtained; and a statement in print 251 
no smaller than twenty-four-point type size stating "NOTICE OF 252 
PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC 253 
TRANSMISSION LINE". 254 
Sec. 3. Section 16-50l of the general statutes is amended by adding 255  Substitute Bill No. 5453 
 
 
LCO   	9 of 14 
 
subsection (g) as follows (Effective October 1, 2024): 256 
(NEW) (g) Any applicant submitting an initial application under this 257 
section for a facility described in subdivision (1) of subsection (a) of 258 
section 16-50i where the applicant intends to submit one or more 259 
additional applications under this section within the next five years for 260 
additional facilities described in said subdivision that will either be 261 
physically connected to the facility included in the initial application or 262 
located within five miles of such facility shall indicate such intention in 263 
the initial application, and provide any information regarding such 264 
additional facilities required by the council. 265 
Sec. 4. Subdivision (3) of subsection (a) of section 16-50p of the 266 
general statutes is repealed and the following is substituted in lieu 267 
thereof (Effective October 1, 2024): 268 
(3) The council shall file, with its order, an opinion stating in full its 269 
reasons for the decision. The council shall not grant a certificate, either 270 
as proposed or as modified by the council, unless it shall find and 271 
determine, using a clear and convincing standard of evidence: 272 
(A) Except as provided in subsection (b) or (c) of this section, a public 273 
need for the facility and the basis of the need; 274 
(B) The nature of the probable environmental impact of the facility 275 
alone and cumulatively with other existing facilities, including a 276 
specification of every significant adverse effect, including, but not 277 
limited to, (i) electromagnetic fields that, whether alone or cumulatively 278 
with other effects, impact on, and conflict with the policies of the state 279 
concerning the natural environment, (ii) ecological balance, (iii) public 280 
health and safety, (iv) scenic, historic, aesthetic and recreational values, 281 
(v) agriculture, (vi) forests and parks, (vii) air and water purity, [and] 282 
(viii) fish, aquaculture and wildlife, and (ix) economic value; 283 
(C) Why the adverse effects or conflicts referred to in subparagraph 284 
(B) of this subdivision are not sufficient reason to deny the application; 285  Substitute Bill No. 5453 
 
 
LCO   	10 of 14 
 
(D) In the case of an electric transmission line, (i) what part, if any, of 286 
the facility shall be located overhead, (ii) that the facility conforms to a 287 
long-range plan for expansion of the electric power grid of the electric 288 
systems serving the state and interconnected utility systems and will 289 
serve the interests of electric system economy and reliability, (iii) that 290 
the benefits of the facility outweigh the costs to ratepayers of the state 291 
when compared to any reasonable alternative locations or types of 292 
facilities; (iv) that the plan for the facility is the most cost-effective 293 
method when compared to reasonable alternatives; (v) that the division 294 
of the costs of the facility to be distributed among the ratepayers of the 295 
state is reasonable when compared to the costs borne by ratepayers of 296 
other states that will benefit from the facility; and [(iii)] (vi) that the 297 
overhead portions, if any, of the facility are cost effective and the most 298 
appropriate alternative based on a life-cycle cost analysis of the facility 299 
and underground alternatives to such facility, are consistent with the 300 
purposes of this chapter, with such regulations or standards as the 301 
council may adopt pursuant to section 16-50t, including, but not limited 302 
to, the council's best management practices for electric and magnetic 303 
fields for electric transmission lines and with the Federal Power 304 
Commission "Guidelines for the Protection of Natural Historic Scenic 305 
and Recreational Values in the Design and Location of Rights-of-Way 306 
and Transmission Facilities" or any successor guidelines and any other 307 
applicable federal guidelines and are to be contained within an area that 308 
provides a buffer zone that protects the public health and safety, as 309 
determined by the council. In establishing such buffer zone, the council 310 
shall consider, among other things, residential areas, private or public 311 
schools, licensed child care centers, licensed youth camps or public 312 
playgrounds adjacent to the proposed route of the overhead portions 313 
and the level of the voltage of the overhead portions and any existing 314 
overhead transmission lines on the proposed route. At a minimum, the 315 
existing right-of-way shall serve as the buffer zone; 316 
(E) In the case of an electric or fuel transmission line, that the location 317 
of the line will not pose an undue hazard to persons or property along 318 
the area traversed by the line; 319  Substitute Bill No. 5453 
 
 
LCO   	11 of 14 
 
(F) In the case of a facility described in subdivision (6) of subsection 320 
(a) of section 16-50i that is (i) proposed to be installed on land under 321 
agricultural restriction, as provided in section 22-26cc, that the facility 322 
will not result in a material decrease of acreage and productivity of the 323 
arable land, (ii) proposed to be installed on land near a building 324 
containing a school, as defined in section 10-154a, or a commercial child 325 
care center, as described in subdivision (1) of subsection (a) of section 326 
19a-77, that the facility will not be less than two hundred fifty feet from 327 
such school or commercial child care center unless the location is 328 
acceptable to the chief elected official of the municipality or the council 329 
finds that the facility will not have a substantial adverse effect on the 330 
aesthetics or scenic quality of the neighborhood in which such school or 331 
commercial child care center is located, or (iii) proposed to be installed 332 
on land owned by a water company, as defined in section 25-32a, and 333 
which involves a new ground-mounted telecommunications tower, that 334 
such land owned by a water company is preferred over any alternative 335 
telecommunications tower sites provided the council shall, pursuant to 336 
clause (iii) of this subparagraph, consult with the Department of Public 337 
Health to determine potential impacts to public drinking water supplies 338 
in considering all the environmental impacts identified pursuant to 339 
subparagraph (B) of this subdivision. The council shall not render any 340 
decision pursuant to this subparagraph that is inconsistent with federal 341 
law or regulations; and 342 
(G) That, for a facility described in subdivision (5) or (6) of subsection 343 
(a) of section 16-50i, the council has considered the manufacturer's 344 
recommended safety standards for any equipment, machinery or 345 
technology for the facility. 346 
Sec. 5. Section 16-50p of the general statutes is amended by adding 347 
subsection (k) as follows (Effective October 1, 2024): 348 
(NEW) (k) In reviewing a certificate for a solar photovoltaic facility 349 
that has a generating capacity greater than two megawatts of electricity 350 
that is proposed to be located within a five-mile radius of any solar 351 
photovoltaic facility that has a generating capacity greater than one 352  Substitute Bill No. 5453 
 
 
LCO   	12 of 14 
 
hundred megawatts, the council shall be bound by the approval, 353 
disapproval or conditions concerning such facility that any chief 354 
executive officer of any municipality in which such facility is located 355 
submits to the council, provided the chief executive officer submits such 356 
approval, disapproval or conditions not later than thirty days after such 357 
chief executive officer is served a copy of the application for such 358 
certificate pursuant to subsection (b) of section 16-50l, as amended by 359 
this act. The provisions of this subsection shall not apply to any 360 
certificate for a solar photovoltaic facility that is proposed as part of an 361 
expansion of an existing facility pursuant to an existing certificate issued 362 
by the council, whether such expansion is proposed on the site of the 363 
existing facility or on land or parcels contiguous to the parcel or parcels 364 
that comprise the site of the existing facility. 365 
Sec. 6. Section 16-50s of the general statutes is repealed and the 366 
following is substituted in lieu thereof (Effective October 1, 2024): 367 
The council [may] shall give appropriate consideration in all 368 
proceedings to (1) the amounts expended by a utility for research on 369 
generation and transmission of the form of energy furnished by it and 370 
the environmental effect thereof, (2) the amounts expended by such 371 
utility for promotion, including advertising, of the use of the form of 372 
energy furnished by it and (3) the relationship between such 373 
expenditures. 374 
Sec. 7. Subsection (c) of section 16-50z of the general statutes is 375 
repealed and the following is substituted in lieu thereof (Effective October 376 
1, 2024): 377 
(c) When a public service company intends to acquire residential real 378 
property by condemnation, [and the owner of such property disputes 379 
the company's need to acquire such property, the owner may bring the 380 
issue of the purpose for which the property is being acquired to the 381 
Siting Council not later than thirty days following the owner being 382 
informed of the company's intention] the company shall notify the 383 
owner of the property not less than sixty days prior to the intended date 384  Substitute Bill No. 5453 
 
 
LCO   	13 of 14 
 
of condemnation, by certified mail, with the envelope marked in not less 385 
than twelve-point size bold type, as follows: "NOTICE REGARDING 386 
POTENTIAL CONDEMNATION OF YOUR PROPERTY", and send a 387 
second such notice by certified mail not less than thirty days prior to the 388 
intended date of condemnation. The company shall include in its 389 
[notification] notifications under this section to the owner of its intention 390 
to acquire such property by condemnation, a statement that the owner 391 
may bring the issue of the purpose for which the property is being 392 
acquired to the Connecticut Siting Council. [The company shall send 393 
such notification to the owner by certified mail.] If the owner of such 394 
property disputes the company's need to acquire such property, the 395 
owner may bring the issue of the purpose for which the property is 396 
being acquired to the Connecticut Siting Council not later than thirty 397 
days following the second notice to the owner under this section. Upon 398 
written request by the owner, the council shall initiate a proceeding to 399 
determine whether the proposed taking is necessary and consistent with 400 
the provisions of section 16a-35k. The council shall (1) provide the 401 
owner of the property and the public service company with notice of the 402 
proceeding, (2) hold a hearing in accordance with the provisions of 403 
chapter 54 as part of such a proceeding, and (3) render a decision upon 404 
the record not later than ninety days following the council's receipt of 405 
the written request for such a proceeding, provided the parties may 406 
agree to a longer period, which decision shall state whether the 407 
proposed taking is necessary and consistent with the provisions of 408 
section 16a-35k and include appropriate findings. The public service 409 
company shall pay the expenses incurred by the council in conducting 410 
a proceeding pursuant to this subsection. If a public service company 411 
and the owner of real property agree that the proposed taking is 412 
necessary and consistent with the provisions of section 16a-35k but 413 
cannot agree on fair compensation for the property, or if the public 414 
service company or owner disagrees with the decision of the council 415 
regarding whether the proposed taking is necessary and consistent with 416 
the provisions of section 16a-35k, the public service company or the 417 
owner may petition the Superior Court to determine the issue in 418 
question. Such a petition shall be submitted to the superior court for the 419  Substitute Bill No. 5453 
 
 
LCO   	14 of 14 
 
judicial district in which the property is located. 420 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2024 16-50j 
Sec. 2 October 1, 2024 16-50l(a) and (b) 
Sec. 3 October 1, 2024 16-50l(g) 
Sec. 4 October 1, 2024 16-50p(a)(3) 
Sec. 5 October 1, 2024 16-50p(k) 
Sec. 6 October 1, 2024 16-50s 
Sec. 7 October 1, 2024 16-50z(c) 
 
Statement of Legislative Commissioners:   
In Section 1(b), a reference to "October 1, 2024" was added and Section 
1(b)(5) was reordered for clarity; in Section 1(e), "him" was changed to 
"the Governor" for consistency; and in Section 2(a)(3), repetitive 
references to "an analysis of" were deleted for consistency with standard 
drafting conventions. 
 
GAE Joint Favorable Subst. -LCO