Connecticut 2024 Regular Session

Connecticut House Bill HB05453 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 1 of 14
	3	+	LCO No. 2736 1 of 14
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5		-	General Assembly ~~Substitute~~ Bill No. 5453
	5	+	General Assembly Raised Bill No. 5453
6	6		February Session, 2024
	7	+	LCO No. 2736
	8	+
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
	16	+
7	17
8	18
9	19
10	20		AN ACT CONCERNING THE MEMBERSHIP AND PROCESSES OF
11	21		THE CONNECTICUT SITING COUNCIL.
12	22		Be it enacted by the Senate and House of Representatives in General
13	23		Assembly convened:
14	24
15	25		Section 1. Section 16-50j of the general statutes is repealed and the 1
16	26		following is substituted in lieu thereof (Effective October 1, 2024): 2
17	27		(a) There is established [a "Connecticut Siting Council"] the 3
18	28		Connecticut Siting Council, hereinafter referred to in this title as the 4
19	29		"council", which shall be within the Department of Energy and 5
20	30		Environmental Protection for administrative purposes only. 6
21		-	(b) Except [for proceedings under chapter 445, this subsection and 7
22		-	subsection (c) of this section, the] as provided in subsection (c) of this 8
23		-	section, on and after October 1, 2024, the council shall consist of: (1) The 9
24		-	Commissioner of Energy and Environmental Protection, or [his] the 10
25		-	commissioner's designee; (2) the chairperson of the Public Utilities 11
26		-	Regulatory Authority, or the chairperson's designee; (3) one designee of 12
27		-	the speaker of the House and one designee of the president pro tempore 13
28		-	of the Senate; [and] (4) five members of the public, to be appointed by 14
29		-	the Governor, at least two of whom [shall be] are experienced in the field 15
30		-	of ecology [, and not more than one of whom] and at least three of whom 16
31		-	are experienced in the field of engineering; and (5) four ad hoc members, 17
32		-	three of whom are electors from the municipality in which the proposed 18
33		-	facility is to be located and one of whom is an elector from a neighboring 19 Substitute Bill No. 5453
	31	+	(b) [Except for proceedings under chapter 445, this subsection and 7
	32	+	subsection (c) of this section, the] Except as provided in subsection (c) of 8
	33	+	this section, the council shall consist of: (1) The Commissioner of Energy 9
	34	+	and Environmental Protection, or [his] the commissioner's designee; (2) 10
	35	+	the chairperson of the Public Utilities Regulatory Authority, or the 11
	36	+	chairperson's designee; (3) one designee of the speaker of the House and 12
	37	+	one designee of the president pro tempore of the Senate; [and] (4) five 13
	38	+	members of the public, to be appointed by the Governor, at least two of 14 Raised Bill No. 5453
34	39
35	40
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37	41
38		-	municipality likely to be most affected by the proposed facility. Such ad 20
39		-	hoc members shall be appointed by the chief elected official of the 21
40		-	municipality such member represents. Not more than three of the 22
41		-	members designated or appointed under subdivisions (3) to (5), 23
42		-	inclusive, of this subsection shall have affiliation, past or present, with 24
43		-	(A) any utility or governmental utility regulatory agency, including any 25
44		-	direct financial investment in any utility, other than a mutual fund, or 26
45		-	[with] (B) any person owning, operating, controlling, or presently 27
46		-	contracting with respect to a facility, a hazardous waste facility, as 28
47		-	defined in section 22a-115, or an ash residue disposal area. 29
48		-	(c) For proceedings under chapter 445, [subsection (b) of this section 30
49		-	and this subsection,] the council shall consist of (1) the Commissioners 31
50		-	of Public Health and Emergency Services and Public Protection or their 32
51		-	designated representatives; (2) the designees of the speaker of the House 33
52		-	of Representatives and the president pro tempore of the Senate as 34
53		-	provided in subsection (b) of this section; (3) the five members of the 35
54		-	public as provided in subsection (b) of this section; and (4) four ad hoc 36
55		-	members [, three of whom shall be electors from the municipality in 37
56		-	which the proposed facility is to be located and one of whom shall be an 38
57		-	elector from a neighboring municipality likely to be most affected by the 39
58		-	proposed facility. The] as provided in subsection (b) of this section. 40
59		-	(d) For the appointment of ad hoc members in accordance with 41
60		-	subsections (b) and (c) of this section, the municipality most affected by 42
61		-	the proposed facility shall be determined by the permanent members of 43
62		-	the council. If any one of the five members of the public or of the 44
63		-	designees of the speaker of the House of Representatives or the 45
64		-	president pro tempore of the Senate resides [(A)] (1) in the municipality 46
65		-	in which a hazardous waste facility is proposed to be located for a 47
66		-	proceeding concerning a hazardous waste facility or in which a low-48
67		-	level radioactive waste facility is proposed to be located for a proceeding 49
68		-	concerning a low-level radioactive waste facility, or [(B)] (2) in the 50
69		-	neighboring municipality likely to be most affected by the proposed 51
70		-	facility, the appointing authority shall appoint a substitute member for 52
71		-	the proceedings on such proposal. If any appointee is unable to perform 53 Substitute Bill No. 5453
	42	+	LCO No. 2736 2 of 14
	43	+
	44	+	whom shall be experienced in the field of ecology [, and not more than 15
	45	+	one of whom] and at least three of whom are experienced in the field of 16
	46	+	engineering; and (5) four ad hoc members, appointed by the chief 17
	47	+	elected official of the municipality they represent, three of whom are 18
	48	+	electors from the municipality in which the proposed facility is to be 19
	49	+	located and one of whom is an elector from a neighboring municipality 20
	50	+	likely to be most affected by the proposed facility. Not more than three 21
	51	+	of the members designated or appointed under subdivisions (3) to (5), 22
	52	+	inclusive, of this subsection shall have affiliation, past or present, with 23
	53	+	(A) any utility or governmental utility regulatory agency, including any 24
	54	+	direct financial investment in any utility, other than a mutual fund, or 25
	55	+	[with] (B) any person owning, operating, controlling, or presently 26
	56	+	contracting with respect to a facility, a hazardous waste facility, as 27
	57	+	defined in section 22a-115, or an ash residue disposal area. 28
	58	+	(c) For proceedings under chapter 445, [subsection (b) of this section 29
	59	+	and this subsection,] the council shall consist of (1) the Commissioners 30
	60	+	of Public Health and Emergency Services and Public Protection or their 31
	61	+	designated representatives; (2) the designees of the speaker of the House 32
	62	+	of Representatives and the president pro tempore of the Senate as 33
	63	+	provided in subsection (b) of this section; (3) the five members of the 34
	64	+	public as provided in subsection (b) of this section; and (4) four ad hoc 35
	65	+	members [, three of whom shall be electors from the municipality in 36
	66	+	which the proposed facility is to be located and one of whom shall be an 37
	67	+	elector from a neighboring municipality likely to be most affected by the 38
	68	+	proposed facility] as provided in subsection (b) of this section. 39
	69	+	[The] (d) For the appointment of ad hoc members in accordance with 40
	70	+	subsections (b) and (c) of this section, the municipality most affected by 41
	71	+	the proposed facility shall be determined by the permanent members of 42
	72	+	the council. If any one of the five members of the public or of the 43
	73	+	designees of the speaker of the House of Representatives or the 44
	74	+	president pro tempore of the Senate resides [(A)] (1) in the municipality 45
	75	+	in which a hazardous waste facility is proposed to be located for a 46
	76	+	proceeding concerning a hazardous waste facility or in which a low-47
	77	+	level radioactive waste facility is proposed to be located for a proceeding 48 Raised Bill No. 5453
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75	80
76		-	[his] such appointee's duties on the council due to illness, or has a 54
77		-	substantial financial or employment interest which is in conflict with the 55
78		-	proper discharge of [his] the appointee's duties under this chapter, the 56
79		-	appointing authority shall appoint a substitute member for proceedings 57
80		-	on such proposal. An appointee shall report any substantial financial or 58
81		-	employment interest which might conflict with the proper discharge of 59
82		-	[his] the appointee's duties under this chapter to the appointing 60
83		-	authority who shall determine if such conflict exists. If any state agency 61
84		-	is the applicant, an appointee shall not be deemed to have a substantial 62
85		-	employment conflict of interest because of employment with the state 63
86		-	unless such appointee is directly employed by the state agency making 64
87		-	the application. Ad hoc members [shall be appointed by the chief elected 65
88		-	official of the municipality they represent and] shall continue their 66
89		-	membership until the council issues a letter of completion of the 67
90		-	development and management plan to the applicant. 68
91		-	[(d)] (e) The [chairman] chairperson of the council shall be appointed 69
92		-	by the Governor from among the five public members appointed by 70
93		-	[him] the Governor, with the advice and consent of the House or Senate, 71
94		-	and shall serve as [chairman] chairperson at the pleasure of the 72
95		-	Governor. 73
96		-	[(e)] (f) The public members of the council, including the [chairman] 74
97		-	chairperson, the members appointed by the speaker of the House and 75
98		-	president pro tempore of the Senate and the four ad hoc members 76
99		-	specified in [subsection] subsections (b) and (c) of this section, shall be 77
100		-	compensated for their attendance at public hearings, executive sessions, 78
101		-	or other council business as may require their attendance at the rate of 79
102		-	two hundred dollars, provided in no case shall the daily compensation 80
103		-	exceed two hundred dollars. 81
104		-	(g) The council shall employ such employees as may be necessary to 82
105		-	carry out the provisions of this chapter, provided not less than two of 83
106		-	such employees shall have expertise in engineering and not less than 84
107		-	three of such employees shall have expertise in financial analysis. 85 Substitute Bill No. 5453
	81	+	LCO No. 2736 3 of 14
	82	+
	83	+	concerning a low-level radioactive waste facility, or [(B)] (2) in the 49
	84	+	neighboring municipality likely to be most affected by the proposed 50
	85	+	facility, the appointing authority shall appoint a substitute member for 51
	86	+	the proceedings on such proposal. If any appointee is unable to perform 52
	87	+	[his] such appointee's duties on the council due to illness, or has a 53
	88	+	substantial financial or employment interest which is in conflict with the 54
	89	+	proper discharge of [his] the appointee's duties under this chapter, the 55
	90	+	appointing authority shall appoint a substitute member for proceedings 56
	91	+	on such proposal. An appointee shall report any substantial financial or 57
	92	+	employment interest which might conflict with the proper discharge of 58
	93	+	[his] the appointee's duties under this chapter to the appointing 59
	94	+	authority who shall determine if such conflict exists. If any state agency 60
	95	+	is the applicant, an appointee shall not be deemed to have a substantial 61
	96	+	employment conflict of interest because of employment with the state 62
	97	+	unless such appointee is directly employed by the state agency making 63
	98	+	the application. Ad hoc members [shall be appointed by the chief elected 64
	99	+	official of the municipality they represent and] shall continue their 65
	100	+	membership until the council issues a letter of completion of the 66
	101	+	development and management plan to the applicant. 67
	102	+	[(d)] (e) The [chairman] chairperson of the council shall be appointed 68
	103	+	by the Governor from among the five public members appointed by 69
	104	+	him, with the advice and consent of the House or Senate, and shall serve 70
	105	+	as [chairman] chairperson at the pleasure of the Governor. 71
	106	+	[(e)] (f) The public members of the council, including the [chairman] 72
	107	+	chairperson, the members appointed by the speaker of the House and 73
	108	+	president pro tempore of the Senate and the four ad hoc members 74
	109	+	specified in [subsection] subsections (b) and (c) of this section, shall be 75
	110	+	compensated for their attendance at public hearings, executive sessions, 76
	111	+	or other council business as may require their attendance at the rate of 77
	112	+	two hundred dollars, provided in no case shall the daily compensation 78
	113	+	exceed two hundred dollars. 79
	114	+	(g) The council shall employ such employees as may be necessary to 80
	115	+	carry out the provisions of this chapter, provided not less than two of 81 Raised Bill No. 5453
108	116
109	117
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111	118
112		-	[(f)] (h) The council shall, in addition to its other duties prescribed in 86
113		-	this chapter, adopt, amend, or rescind suitable regulations to carry out 87
114		-	the provisions of this chapter and the policies and practices of the 88
115		-	council in connection therewith, and appoint and prescribe the duties of 89
116		-	such staff as may be necessary to carry out the provisions of this chapter. 90
117		-	The [chairman] chairperson of the council, with the consent of five or 91
118		-	more other members of the council, may appoint an executive director, 92
119		-	who shall be the chief administrative officer of the Connecticut Siting 93
120		-	Council. The executive director shall be exempt from classified service. 94
121		-	[(g)] (i) Prior to commencing any hearing pursuant to section 16-50m, 95
122		-	the council shall consult with and solicit written comments from (1) the 96
123		-	Department of Energy and Environmental Protection, the Department 97
124		-	of Public Health, the Council on Environmental Quality, the 98
125		-	Department of Agriculture, the Public Utilities Regulatory Authority, 99
126		-	the Office of Policy and Management, the Department of Economic and 100
127		-	Community Development and the Department of Transportation, and 101
128		-	(2) in a hearing pursuant to section 16-50m, for a facility described in 102
129		-	subdivision (3) of subsection (a) of section 16-50i, the Department of 103
130		-	Emergency Services and Public Protection, the Department of 104
131		-	Administrative Services and the Labor Department. Copies of such 105
132		-	comments shall be made available to all parties prior to the 106
133		-	commencement of the hearing. Subsequent to the commencement of the 107
134		-	hearing, said departments and council may file additional written 108
135		-	comments with the council within such period of time as the council 109
136		-	designates. All such written comments shall be made part of the record 110
137		-	provided by section 16-50o. Said departments and council shall not 111
138		-	enter any contract or agreement with any party to the proceedings or 112
139		-	hearings described in this section or section 16-50p, as amended by this 113
140		-	act, that requires said departments or council to withhold or retract 114
141		-	comments, refrain from participating in or withdraw from said 115
142		-	proceedings or hearings. 116
143		-	Sec. 2. Subsections (a) and (b) of section 16-50l of the general statutes 117
144		-	are repealed and the following is substituted in lieu thereof (Effective 118
145		-	October 1, 2024): 119 Substitute Bill No. 5453
	119	+	LCO No. 2736 4 of 14
	120	+
	121	+	such employees shall have expertise in engineering and not less than 82
	122	+	three of such employees shall have expertise in financial analysis. 83
	123	+	[(f)] (h) The council shall, in addition to its other duties prescribed in 84
	124	+	this chapter, adopt, amend, or rescind suitable regulations to carry out 85
	125	+	the provisions of this chapter and the policies and practices of the 86
	126	+	council in connection therewith, and appoint and prescribe the duties of 87
	127	+	such staff as may be necessary to carry out the provisions of this chapter. 88
	128	+	The [chairman] chairperson of the council, with the consent of five or 89
	129	+	more other members of the council, may appoint an executive director, 90
	130	+	who shall be the chief administrative officer of the Connecticut Siting 91
	131	+	Council. The executive director shall be exempt from classified service. 92
	132	+	[(g)] (i) Prior to commencing any hearing pursuant to section 16-50m, 93
	133	+	the council shall consult with and solicit written comments from (1) the 94
	134	+	Department of Energy and Environmental Protection, the Department 95
	135	+	of Public Health, the Council on Environmental Quality, the 96
	136	+	Department of Agriculture, the Public Utilities Regulatory Authority, 97
	137	+	the Office of Policy and Management, the Department of Economic and 98
	138	+	Community Development and the Department of Transportation, and 99
	139	+	(2) in a hearing pursuant to section 16-50m, for a facility described in 100
	140	+	subdivision (3) of subsection (a) of section 16-50i, the Department of 101
	141	+	Emergency Services and Public Protection, the Department of 102
	142	+	Administrative Services and the Labor Department. Copies of such 103
	143	+	comments shall be made available to all parties prior to the 104
	144	+	commencement of the hearing. Subsequent to the commencement of the 105
	145	+	hearing, said departments and council may file additional written 106
	146	+	comments with the council within such period of time as the council 107
	147	+	designates. All such written comments shall be made part of the record 108
	148	+	provided by section 16-50o. Said departments and council shall not 109
	149	+	enter any contract or agreement with any party to the proceedings or 110
	150	+	hearings described in this section or section 16-50p, as amended by this 111
	151	+	act, that requires said departments or council to withhold or retract 112
	152	+	comments, refrain from participating in or withdraw from said 113
	153	+	proceedings or hearings. 114 Raised Bill No. 5453
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147	155
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149	156
150		-	(a) To initiate a certification proceeding, an applicant for a certificate 120
151		-	shall file with the council an application, in such form as the council may 121
152		-	prescribe, accompanied by a filing fee of not more than twenty-five 122
153		-	thousand dollars, which fee shall be established in accordance with 123
154		-	section 16-50t, and a municipal participation fee of twenty-five 124
155		-	thousand dollars to be deposited in the account established pursuant to 125
156		-	section 16-50bb, except that an application for a facility described in 126
157		-	subdivision (5) or (6) of subsection (a) of section 16-50i shall not pay such 127
158		-	municipal participation fee. An application shall contain such 128
159		-	information as the applicant may consider relevant and the council or 129
160		-	any department or agency of the state exercising environmental controls 130
161		-	may by regulation require, including the following information: 131
162		-	(1) In the case of facilities described in subdivisions (1), (2) and (4) of 132
163		-	subsection (a) of section 16-50i: (A) A description, including estimated 133
164		-	costs, of the proposed transmission line, substation or switchyard, 134
165		-	covering, where applicable underground cable sizes and specifications, 135
166		-	overhead tower design and appearance and heights, if any, conductor 136
167		-	sizes, and initial and ultimate voltages and capacities; (B) a statement 137
168		-	and full explanation of why the proposed transmission line, substation 138
169		-	or switchyard is necessary and how the facility conforms to a long-range 139
170		-	plan for expansion of the electric power grid serving the state and 140
171		-	interconnected utility systems, that will serve the public need for 141
172		-	adequate, reliable and economic service; (C) a map of suitable scale of 142
173		-	the proposed routing or site, showing details of the rights-of-way or site 143
174		-	in the vicinity of settled areas, parks, recreational areas and scenic areas, 144
175		-	residential areas, private or public schools, child care centers, as 145
176		-	described in section 19a-77, group child care homes, as described in 146
177		-	section 19a-77, family child care homes, as described in section 19a-77, 147
178		-	licensed youth camps, and public playgrounds and showing existing 148
179		-	transmission lines within one mile of the proposed route or site; (D) a 149
180		-	justification for adoption of the route or site selected, including 150
181		-	comparison with alternative routes or sites which are environmentally, 151
182		-	technically and economically practical; (E) a description of the effect of 152
183		-	the proposed transmission line, substation or switchyard on the 153 Substitute Bill No. 5453
	157	+	LCO No. 2736 5 of 14
	158	+
	159	+	Sec. 2. Subsections (a) and (b) of section 16-50l of the general statutes 115
	160	+	are repealed and the following is substituted in lieu thereof (Effective 116
	161	+	October 1, 2024): 117
	162	+	(a) To initiate a certification proceeding, an applicant for a certificate 118
	163	+	shall file with the council an application, in such form as the council may 119
	164	+	prescribe, accompanied by a filing fee of not more than twenty-five 120
	165	+	thousand dollars, which fee shall be established in accordance with 121
	166	+	section 16-50t, and a municipal participation fee of twenty-five 122
	167	+	thousand dollars to be deposited in the account established pursuant to 123
	168	+	section 16-50bb, except that an application for a facility described in 124
	169	+	subdivision (5) or (6) of subsection (a) of section 16-50i shall not pay such 125
	170	+	municipal participation fee. An application shall contain such 126
	171	+	information as the applicant may consider relevant and the council or 127
	172	+	any department or agency of the state exercising environmental controls 128
	173	+	may by regulation require, including the following information: 129
	174	+	(1) In the case of facilities described in subdivisions (1), (2) and (4) of 130
	175	+	subsection (a) of section 16-50i: (A) A description, including estimated 131
	176	+	costs, of the proposed transmission line, substation or switchyard, 132
	177	+	covering, where applicable underground cable sizes and specifications, 133
	178	+	overhead tower design and appearance and heights, if any, conductor 134
	179	+	sizes, and initial and ultimate voltages and capacities; (B) a statement 135
	180	+	and full explanation of why the proposed transmission line, substation 136
	181	+	or switchyard is necessary and how the facility conforms to a long-range 137
	182	+	plan for expansion of the electric power grid serving the state and 138
	183	+	interconnected utility systems, that will serve the public need for 139
	184	+	adequate, reliable and economic service; (C) a map of suitable scale of 140
	185	+	the proposed routing or site, showing details of the rights-of-way or site 141
	186	+	in the vicinity of settled areas, parks, recreational areas and scenic areas, 142
	187	+	residential areas, private or public schools, child care centers, as 143
	188	+	described in section 19a-77, group child care homes, as described in 144
	189	+	section 19a-77, family child care homes, as described in section 19a-77, 145
	190	+	licensed youth camps, and public playgrounds and showing existing 146
	191	+	transmission lines within one mile of the proposed route or site; (D) a 147
	192	+	justification for adoption of the route or site selected, including 148 Raised Bill No. 5453
184	193
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187	195
188		-	environment, ecology, and scenic, historic and recreational values; (F) a 154
189		-	justification for overhead portions, if any, including life-cycle cost 155
190		-	studies comparing overhead alternatives with underground 156
191		-	alternatives, and effects described in subparagraph (E) of this 157
192		-	subdivision of undergrounding; (G) a schedule of dates showing the 158
193		-	proposed program of right -of-way or property acquisition, 159
194		-	construction, completion and operation; (H) an identification of each 160
195		-	federal, state, regional, district and municipal agency with which 161
196		-	proposed route or site reviews have been undertaken, including a copy 162
197		-	of each written agency position on such route or site; and (I) an 163
198		-	assessment of the impact of any electromagnetic fields to be produced 164
199		-	by the proposed transmission line; [and] 165
200		-	(2) In the case of facilities described in subdivision (3) of subsection 166
201		-	(a) of section 16-50i: (A) A description of the proposed electric 167
202		-	generating or storage facility; (B) a statement and full explanation of 168
203		-	why the proposed facility is necessary; (C) a statement of loads and 169
204		-	resources, as described in section 16-50r; (D) safety and reliability 170
205		-	information, including planned provisions for emergency operations 171
206		-	and shutdowns; (E) estimated cost information, including plant costs, 172
207		-	fuel costs, plant service life and capacity factor, and total generating cost 173
208		-	per kilowatt-hour, both at the plant and related transmission, and 174
209		-	comparative costs of alternatives considered; (F) a schedule showing the 175
210		-	program for design, material acquisition, construction and testing, and 176
211		-	operating dates; (G) available site information, including maps and 177
212		-	description and present and proposed development, and geological, 178
213		-	scenic, ecological, seismic, biological, water supply, population and load 179
214		-	center data; (H) justification for adoption of the site selected, including 180
215		-	comparison with alternative sites; (I) design information, including a 181
216		-	description of facilities, plant efficiencies, electrical connections to the 182
217		-	system, and control systems; (J) a description of provisions, including 183
218		-	devices and operations, for mitigation of the effect of the operation of 184
219		-	the facility on air and water quality, for waste disposal, and for noise 185
220		-	abatement, and information on other environmental aspects; and (K) a 186
221		-	listing of federal, state, regional, district and municipal agencies from 187 Substitute Bill No. 5453
	196	+	LCO No. 2736 6 of 14
	197	+
	198	+	comparison with alternative routes or sites which are environmentally, 149
	199	+	technically and economically practical; (E) a description of the effect of 150
	200	+	the proposed transmission line, substation or switchyard on the 151
	201	+	environment, ecology, and scenic, historic and recreational values; (F) a 152
	202	+	justification for overhead portions, if any, including life-cycle cost 153
	203	+	studies comparing overhead alternatives with underground 154
	204	+	alternatives, and effects described in subparagraph (E) of this 155
	205	+	subdivision of undergrounding; (G) a schedule of dates showing the 156
	206	+	proposed program of right -of-way or property acquisition, 157
	207	+	construction, completion and operation; (H) an identification of each 158
	208	+	federal, state, regional, district and municipal agency with which 159
	209	+	proposed route or site reviews have been undertaken, including a copy 160
	210	+	of each written agency position on such route or site; and (I) an 161
	211	+	assessment of the impact of any electromagnetic fields to be produced 162
	212	+	by the proposed transmission line; [and] 163
	213	+	(2) In the case of facilities described in subdivision (3) of subsection 164
	214	+	(a) of section 16-50i: (A) A description of the proposed electric 165
	215	+	generating or storage facility; (B) a statement and full explanation of 166
	216	+	why the proposed facility is necessary; (C) a statement of loads and 167
	217	+	resources, as described in section 16-50r; (D) safety and reliability 168
	218	+	information, including planned provisions for emergency operations 169
	219	+	and shutdowns; (E) estimated cost information, including plant costs, 170
	220	+	fuel costs, plant service life and capacity factor, and total generating cost 171
	221	+	per kilowatt-hour, both at the plant and related transmission, and 172
	222	+	comparative costs of alternatives considered; (F) a schedule showing the 173
	223	+	program for design, material acquisition, construction and testing, and 174
	224	+	operating dates; (G) available site information, including maps and 175
	225	+	description and present and proposed development, and geological, 176
	226	+	scenic, ecological, seismic, biological, water supply, population and load 177
	227	+	center data; (H) justification for adoption of the site selected, including 178
	228	+	comparison with alternative sites; (I) design information, including a 179
	229	+	description of facilities, plant efficiencies, electrical connections to the 180
	230	+	system, and control systems; (J) a description of provisions, including 181
	231	+	devices and operations, for mitigation of the effect of the operation of 182 Raised Bill No. 5453
222	232
223	233
224		-	LCO 7 of 14
225	234
226		-	which approvals either have been obtained or will be sought covering 188
227		-	the proposed facility, copies of approvals received and the planned 189
228		-	schedule for obtaining those approvals not yet received; and 190
229		-	(3) In addition to the requirements of subdivisions (1) and (2) of this 191
230		-	subsection, in the case of any facility described in subdivision (1) of 192
231		-	subsection (a) of section 16-50i, an analysis of: (A) The costs compared 193
232		-	to the benefits of the proposed facility for ratepayers of this state while 194
233		-	also comparing the proposed location and type of proposed facility to 195
234		-	any feasible alternative locations or types of facilities; (B) how the costs 196
235		-	of the proposed facility will be reimbursed to or distributed among 197
236		-	ratepayers of this state compared to how such costs will be reimbursed 198
237		-	or distributed by other states; and (C) the benefits to the ratepayers of 199
238		-	this state from the construction of the proposed facility compared to any 200
239		-	benefits to individuals in other states. 201
240		-	(b) Each application shall be accompanied by proof of service of a 202
241		-	copy of such application on: (1) Each municipality in which any portion 203
242		-	of such facility is to be located, both as primarily proposed and in the 204
243		-	alternative locations listed, and any adjoining municipality having a 205
244		-	boundary not more than two thousand five hundred feet from such 206
245		-	facility, which copy shall be served on the chief executive officer of each 207
246		-	such municipality and shall include notice of the date on or about which 208
247		-	the application is to be filed, and the zoning commissions, planning 209
248		-	commissions, planning and zoning commissions, conservation 210
249		-	commissions and inland wetlands agencies of each such municipality, 211
250		-	and the regional councils of governments which encompass each such 212
251		-	municipality; (2) the Attorney General; (3) each member of the 213
252		-	legislature in whose assembly or senate district the facility or any 214
253		-	alternative location listed in the application is to be located; (4) any 215
254		-	agency, department or instrumentality of the federal government that 216
255		-	has jurisdiction, whether concurrent with the state or otherwise, over 217
256		-	any matter that would be affected by such facility; (5) each state 218
257		-	department, agency and commission named in subsection [(g)] (i) of 219
258		-	section 16-50j, as amended by this act; and (6) such other state and 220
259		-	municipal bodies as the council may by regulation designate. A notice 221 Substitute Bill No. 5453
	235	+	LCO No. 2736 7 of 14
	236	+
	237	+	the facility on air and water quality, for waste disposal, and for noise 183
	238	+	abatement, and information on other environmental aspects; and (K) a 184
	239	+	listing of federal, state, regional, district and municipal agencies from 185
	240	+	which approvals either have been obtained or will be sought covering 186
	241	+	the proposed facility, copies of approvals received and the planned 187
	242	+	schedule for obtaining those approvals not yet received; and 188
	243	+	(3) In addition to the requirements of subdivisions (1) and (2) of this 189
	244	+	subsection, in the case of any facility described in subdivision (1) of 190
	245	+	subsection (a) of section 16-50i: (A) An analysis of the costs compared to 191
	246	+	the benefits of the proposed facility for ratepayers of this state while also 192
	247	+	comparing the proposed location and type of proposed facility to any 193
	248	+	feasible alternative locations or types of facilities; (B) an analysis of how 194
	249	+	the costs of the proposed facility will be reimbursed or distributed 195
	250	+	among ratepayers of this state compared to how such costs will be 196
	251	+	reimbursed or distributed by other states; and (C) an analysis of the 197
	252	+	benefits to the ratepayers of this state from the construction of the 198
	253	+	proposed facility compared to any benefits to individuals in other states. 199
	254	+	(b) Each application shall be accompanied by proof of service of a 200
	255	+	copy of such application on: (1) Each municipality in which any portion 201
	256	+	of such facility is to be located, both as primarily proposed and in the 202
	257	+	alternative locations listed, and any adjoining municipality having a 203
	258	+	boundary not more than two thousand five hundred feet from such 204
	259	+	facility, which copy shall be served on the chief executive officer of each 205
	260	+	such municipality and shall include notice of the date on or about which 206
	261	+	the application is to be filed, and the zoning commissions, planning 207
	262	+	commissions, planning and zoning commissions, conservation 208
	263	+	commissions and inland wetlands agencies of each such municipality, 209
	264	+	and the regional councils of governments which encompass each such 210
	265	+	municipality; (2) the Attorney General; (3) each member of the 211
	266	+	legislature in whose assembly or senate district the facility or any 212
	267	+	alternative location listed in the application is to be located; (4) any 213
	268	+	agency, department or instrumentality of the federal government that 214
	269	+	has jurisdiction, whether concurrent with the state or otherwise, over 215
	270	+	any matter that would be affected by such facility; (5) each state 216 Raised Bill No. 5453
260	271
261	272
262		-	LCO 8 of 14
263	273
264		-	of such application shall be given to the general public, in municipalities 222
265		-	entitled to receive notice under subdivision (1) of this subsection, by the 223
266		-	publication of a summary of such application and the date on or about 224
267		-	which it will be filed. Such notice shall be published under the 225
268		-	regulations to be promulgated by the council, in such form and in such 226
269		-	newspapers as will serve substantially to inform the public of such 227
270		-	application and to afford interested persons sufficient time to prepare 228
271		-	for and to be heard at the hearing prescribed in section 16-50m. Such 229
272		-	notice shall be published in not less than ten-point type. A notice of such 230
273		-	an application for a certificate for a facility described in subdivision (3), 231
274		-	(4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by 232
275		-	certified or registered mail, to each person appearing of record as an 233
276		-	owner of property which abuts the proposed primary or alternative sites 234
277		-	on which the facility would be located. Such notice shall be sent at the 235
278		-	same time that notice of such application is given to the general public. 236
279		-	Notice of an application for a certificate for a facility described in 237
280		-	subdivision (1) of subsection (a) of section 16-50i shall also be provided 238
281		-	to each electric distribution company customer in the municipality 239
282		-	where the facility is proposed to be placed. Such notice shall (A) be 240
283		-	provided on a separate enclosure with each customer's monthly bill for 241
284		-	one or more months, (B) be provided by the electric distribution 242
285		-	company not earlier than sixty days prior to filing the application with 243
286		-	the council, but not later than the date that the application is filed with 244
287		-	the council, and (C) include: A brief description of the project, including 245
288		-	its location relative to the affected municipality and adjacent streets; a 246
289		-	brief technical description of the project including its proposed length, 247
290		-	voltage, and type and range of heights of support structures or 248
291		-	underground configuration; the reason for the project; the address and 249
292		-	a toll-free telephone number of the applicant by which additional 250
293		-	information about the project can be obtained; and a statement in print 251
294		-	no smaller than twenty-four-point type size stating "NOTICE OF 252
295		-	PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC 253
296		-	TRANSMISSION LINE". 254
297		-	Sec. 3. Section 16-50l of the general statutes is amended by adding 255 Substitute Bill No. 5453
	274	+	LCO No. 2736 8 of 14
	275	+
	276	+	department, agency and commission named in subsection [(g)] (i) of 217
	277	+	section 16-50j, as amended by this act; and (6) such other state and 218
	278	+	municipal bodies as the council may by regulation designate. A notice 219
	279	+	of such application shall be given to the general public, in municipalities 220
	280	+	entitled to receive notice under subdivision (1) of this subsection, by the 221
	281	+	publication of a summary of such application and the date on or about 222
	282	+	which it will be filed. Such notice shall be published under the 223
	283	+	regulations to be promulgated by the council, in such form and in such 224
	284	+	newspapers as will serve substantially to inform the public of such 225
	285	+	application and to afford interested persons sufficient time to prepare 226
	286	+	for and to be heard at the hearing prescribed in section 16-50m. Such 227
	287	+	notice shall be published in not less than ten-point type. A notice of such 228
	288	+	an application for a certificate for a facility described in subdivision (3), 229
	289	+	(4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by 230
	290	+	certified or registered mail, to each person appearing of record as an 231
	291	+	owner of property which abuts the proposed primary or alternative sites 232
	292	+	on which the facility would be located. Such notice shall be sent at the 233
	293	+	same time that notice of such application is given to the general public. 234
	294	+	Notice of an application for a certificate for a facility described in 235
	295	+	subdivision (1) of subsection (a) of section 16-50i shall also be provided 236
	296	+	to each electric distribution company customer in the municipality 237
	297	+	where the facility is proposed to be placed. Such notice shall (A) be 238
	298	+	provided on a separate enclosure with each customer's monthly bill for 239
	299	+	one or more months, (B) be provided by the electric distribution 240
	300	+	company not earlier than sixty days prior to filing the application with 241
	301	+	the council, but not later than the date that the application is filed with 242
	302	+	the council, and (C) include: A brief description of the project, including 243
	303	+	its location relative to the affected municipality and adjacent streets; a 244
	304	+	brief technical description of the project including its proposed length, 245
	305	+	voltage, and type and range of heights of support structures or 246
	306	+	underground configuration; the reason for the project; the address and 247
	307	+	a toll-free telephone number of the applicant by which additional 248
	308	+	information about the project can be obtained; and a statement in print 249
	309	+	no smaller than twenty-four-point type size stating "NOTICE OF 250
	310	+	PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC 251 Raised Bill No. 5453
298	311
299	312
300		-	LCO 9 of 14
301	313
302		-	subsection (g) as follows (Effective October 1, 2024): 256
303		-	(NEW) (g) Any applicant submitting an initial application under this 257
304		-	section for a facility described in subdivision (1) of subsection (a) of 258
305		-	section 16-50i where the applicant intends to submit one or more 259
306		-	additional applications under this section within the next five years for 260
307		-	additional facilities described in said subdivision that will either be 261
308		-	physically connected to the facility included in the initial application or 262
309		-	located within five miles of such facility shall indicate such intention in 263
310		-	the initial application, and provide any information regarding such 264
311		-	additional facilities required by the council. 265
312		-	Sec. 4. Subdivision (3) of subsection (a) of section 16-50p of the 266
313		-	general statutes is repealed and the following is substituted in lieu 267
314		-	thereof (Effective October 1, 2024): 268
315		-	(3) The council shall file, with its order, an opinion stating in full its 269
316		-	reasons for the decision. The council shall not grant a certificate, either 270
317		-	as proposed or as modified by the council, unless it shall find and 271
318		-	determine, using a clear and convincing standard of evidence: 272
319		-	(A) Except as provided in subsection (b) or (c) of this section, a public 273
320		-	need for the facility and the basis of the need; 274
321		-	(B) The nature of the probable environmental impact of the facility 275
322		-	alone and cumulatively with other existing facilities, including a 276
323		-	specification of every significant adverse effect, including, but not 277
324		-	limited to, (i) electromagnetic fields that, whether alone or cumulatively 278
325		-	with other effects, impact on, and conflict with the policies of the state 279
326		-	concerning the natural environment, (ii) ecological balance, (iii) public 280
327		-	health and safety, (iv) scenic, historic, aesthetic and recreational values, 281
328		-	(v) agriculture, (vi) forests and parks, (vii) air and water purity, [and] 282
329		-	(viii) fish, aquaculture and wildlife, and (ix) economic value; 283
330		-	(C) Why the adverse effects or conflicts referred to in subparagraph 284
331		-	(B) of this subdivision are not sufficient reason to deny the application; 285 Substitute Bill No. 5453
	314	+	LCO No. 2736 9 of 14
	315	+
	316	+	TRANSMISSION LINE". 252
	317	+	Sec. 3. Section 16-50l of the general statutes is amended by adding 253
	318	+	subsection (g) as follows (Effective October 1, 2024): 254
	319	+	(NEW) (g) Any applicant submitting an initial application under this 255
	320	+	section for a facility described in subdivision (1) of subsection (a) of 256
	321	+	section 16-50i where the applicant intends to submit one or more 257
	322	+	additional applications under this section within the next five years for 258
	323	+	additional facilities described in said subdivision that will either be 259
	324	+	physically connected to the facility included in the initial application or 260
	325	+	located within five miles of such facility shall indicate such intention in 261
	326	+	the initial application, and provide any information regarding such 262
	327	+	additional facilities required by the council. 263
	328	+	Sec. 4. Subdivision (3) of subsection (a) of section 16-50p of the 264
	329	+	general statutes is repealed and the following is substituted in lieu 265
	330	+	thereof (Effective October 1, 2024): 266
	331	+	(3) The council shall file, with its order, an opinion stating in full its 267
	332	+	reasons for the decision. The council shall not grant a certificate, either 268
	333	+	as proposed or as modified by the council, unless it shall find and 269
	334	+	determine, using a clear and convincing standard of evidence: 270
	335	+	(A) Except as provided in subsection (b) or (c) of this section, a public 271
	336	+	need for the facility and the basis of the need; 272
	337	+	(B) The nature of the probable environmental impact of the facility 273
	338	+	alone and cumulatively with other existing facilities, including a 274
	339	+	specification of every significant adverse effect, including, but not 275
	340	+	limited to, (i) electromagnetic fields that, whether alone or cumulatively 276
	341	+	with other effects, impact on, and conflict with the policies of the state 277
	342	+	concerning the natural environment, (ii) ecological balance, (iii) public 278
	343	+	health and safety, (iv) scenic, historic, aesthetic and recreational values, 279
	344	+	(v) agriculture, (vi) forests and parks, (vii) air and water purity, [and] 280
	345	+	(viii) fish, aquaculture and wildlife, and (ix) economic value; 281 Raised Bill No. 5453
332	346
333	347
334		-	LCO 10 of 14
335	348
336		-	(D) In the case of an electric transmission line, (i) what part, if any, of 286
337		-	the facility shall be located overhead, (ii) that the facility conforms to a 287
338		-	long-range plan for expansion of the electric power grid of the electric 288
339		-	systems serving the state and interconnected utility systems and will 289
340		-	serve the interests of electric system economy and reliability, (iii) that 290
341		-	the benefits of the facility outweigh the costs to ratepayers of the state 291
342		-	when compared to any reasonable alternative locations or types of 292
343		-	facilities; (iv) that the plan for the facility is the most cost-effective 293
344		-	method when compared to reasonable alternatives; (v) that the division 294
345		-	of the costs of the facility to be distributed among the ratepayers of the 295
346		-	state is reasonable when compared to the costs borne by ratepayers of 296
347		-	other states that will benefit from the facility; and [(iii)] (vi) that the 297
348		-	overhead portions, if any, of the facility are cost effective and the most 298
349		-	appropriate alternative based on a life-cycle cost analysis of the facility 299
350		-	and underground alternatives to such facility, are consistent with the 300
351		-	purposes of this chapter, with such regulations or standards as the 301
352		-	council may adopt pursuant to section 16-50t, including, but not limited 302
353		-	to, the council's best management practices for electric and magnetic 303
354		-	fields for electric transmission lines and with the Federal Power 304
355		-	Commission "Guidelines for the Protection of Natural Historic Scenic 305
356		-	and Recreational Values in the Design and Location of Rights-of-Way 306
357		-	and Transmission Facilities" or any successor guidelines and any other 307
358		-	applicable federal guidelines and are to be contained within an area that 308
359		-	provides a buffer zone that protects the public health and safety, as 309
360		-	determined by the council. In establishing such buffer zone, the council 310
361		-	shall consider, among other things, residential areas, private or public 311
362		-	schools, licensed child care centers, licensed youth camps or public 312
363		-	playgrounds adjacent to the proposed route of the overhead portions 313
364		-	and the level of the voltage of the overhead portions and any existing 314
365		-	overhead transmission lines on the proposed route. At a minimum, the 315
366		-	existing right-of-way shall serve as the buffer zone; 316
367		-	(E) In the case of an electric or fuel transmission line, that the location 317
368		-	of the line will not pose an undue hazard to persons or property along 318
369		-	the area traversed by the line; 319 Substitute Bill No. 5453
	349	+	LCO No. 2736 10 of 14
	350	+
	351	+	(C) Why the adverse effects or conflicts referred to in subparagraph 282
	352	+	(B) of this subdivision are not sufficient reason to deny the application; 283
	353	+	(D) In the case of an electric transmission line, (i) what part, if any, of 284
	354	+	the facility shall be located overhead, (ii) that the facility conforms to a 285
	355	+	long-range plan for expansion of the electric power grid of the electric 286
	356	+	systems serving the state and interconnected utility systems and will 287
	357	+	serve the interests of electric system economy and reliability, (iii) that 288
	358	+	the benefits of the facility outweigh the costs to ratepayers of the state 289
	359	+	when compared to any reasonable alternative locations or types of 290
	360	+	facilities; (iv) that the plan for the facility is the most cost-effective 291
	361	+	method when compared to reasonable alternatives; (v) that the division 292
	362	+	of the costs of the facility to be distributed among the ratepayers of the 293
	363	+	state is reasonable when compared to the costs borne by ratepayers of 294
	364	+	other states that will benefit from the facility; and [(iii)] (vi) that the 295
	365	+	overhead portions, if any, of the facility are cost effective and the most 296
	366	+	appropriate alternative based on a life-cycle cost analysis of the facility 297
	367	+	and underground alternatives to such facility, are consistent with the 298
	368	+	purposes of this chapter, with such regulations or standards as the 299
	369	+	council may adopt pursuant to section 16-50t, including, but not limited 300
	370	+	to, the council's best management practices for electric and magnetic 301
	371	+	fields for electric transmission lines and with the Federal Power 302
	372	+	Commission "Guidelines for the Protection of Natural Historic Scenic 303
	373	+	and Recreational Values in the Design and Location of Rights-of-Way 304
	374	+	and Transmission Facilities" or any successor guidelines and any other 305
	375	+	applicable federal guidelines and are to be contained within an area that 306
	376	+	provides a buffer zone that protects the public health and safety, as 307
	377	+	determined by the council. In establishing such buffer zone, the council 308
	378	+	shall consider, among other things, residential areas, private or public 309
	379	+	schools, licensed child care centers, licensed youth camps or public 310
	380	+	playgrounds adjacent to the proposed route of the overhead portions 311
	381	+	and the level of the voltage of the overhead portions and any existing 312
	382	+	overhead transmission lines on the proposed route. At a minimum, the 313
	383	+	existing right-of-way shall serve as the buffer zone; 314
	384	+	(E) In the case of an electric or fuel transmission line, that the location 315 Raised Bill No. 5453
370	385
371	386
372		-	LCO 11 of 14
373	387
374		-	(F) In the case of a facility described in subdivision (6) of subsection 320
375		-	(a) of section 16-50i that is (i) proposed to be installed on land under 321
376		-	agricultural restriction, as provided in section 22-26cc, that the facility 322
377		-	will not result in a material decrease of acreage and productivity of the 323
378		-	arable land, (ii) proposed to be installed on land near a building 324
379		-	containing a school, as defined in section 10-154a, or a commercial child 325
380		-	care center, as described in subdivision (1) of subsection (a) of section 326
381		-	19a-77, that the facility will not be less than two hundred fifty feet from 327
382		-	such school or commercial child care center unless the location is 328
383		-	acceptable to the chief elected official of the municipality or the council 329
384		-	finds that the facility will not have a substantial adverse effect on the 330
385		-	aesthetics or scenic quality of the neighborhood in which such school or 331
386		-	commercial child care center is located, or (iii) proposed to be installed 332
387		-	on land owned by a water company, as defined in section 25-32a, and 333
388		-	which involves a new ground-mounted telecommunications tower, that 334
389		-	such land owned by a water company is preferred over any alternative 335
390		-	telecommunications tower sites provided the council shall, pursuant to 336
391		-	clause (iii) of this subparagraph, consult with the Department of Public 337
392		-	Health to determine potential impacts to public drinking water supplies 338
393		-	in considering all the environmental impacts identified pursuant to 339
394		-	subparagraph (B) of this subdivision. The council shall not render any 340
395		-	decision pursuant to this subparagraph that is inconsistent with federal 341
396		-	law or regulations; and 342
397		-	(G) That, for a facility described in subdivision (5) or (6) of subsection 343
398		-	(a) of section 16-50i, the council has considered the manufacturer's 344
399		-	recommended safety standards for any equipment, machinery or 345
400		-	technology for the facility. 346
401		-	Sec. 5. Section 16-50p of the general statutes is amended by adding 347
402		-	subsection (k) as follows (Effective October 1, 2024): 348
403		-	(NEW) (k) In reviewing a certificate for a solar photovoltaic facility 349
404		-	that has a generating capacity greater than two megawatts of electricity 350
405		-	that is proposed to be located within a five-mile radius of any solar 351
406		-	photovoltaic facility that has a generating capacity greater than one 352 Substitute Bill No. 5453
	388	+	LCO No. 2736 11 of 14
	389	+
	390	+	of the line will not pose an undue hazard to persons or property along 316
	391	+	the area traversed by the line; 317
	392	+	(F) In the case of a facility described in subdivision (6) of subsection 318
	393	+	(a) of section 16-50i that is (i) proposed to be installed on land under 319
	394	+	agricultural restriction, as provided in section 22-26cc, that the facility 320
	395	+	will not result in a material decrease of acreage and productivity of the 321
	396	+	arable land, (ii) proposed to be installed on land near a building 322
	397	+	containing a school, as defined in section 10-154a, or a commercial child 323
	398	+	care center, as described in subdivision (1) of subsection (a) of section 324
	399	+	19a-77, that the facility will not be less than two hundred fifty feet from 325
	400	+	such school or commercial child care center unless the location is 326
	401	+	acceptable to the chief elected official of the municipality or the council 327
	402	+	finds that the facility will not have a substantial adverse effect on the 328
	403	+	aesthetics or scenic quality of the neighborhood in which such school or 329
	404	+	commercial child care center is located, or (iii) proposed to be installed 330
	405	+	on land owned by a water company, as defined in section 25-32a, and 331
	406	+	which involves a new ground-mounted telecommunications tower, that 332
	407	+	such land owned by a water company is preferred over any alternative 333
	408	+	telecommunications tower sites provided the council shall, pursuant to 334
	409	+	clause (iii) of this subparagraph, consult with the Department of Public 335
	410	+	Health to determine potential impacts to public drinking water supplies 336
	411	+	in considering all the environmental impacts identified pursuant to 337
	412	+	subparagraph (B) of this subdivision. The council shall not render any 338
	413	+	decision pursuant to this subparagraph that is inconsistent with federal 339
	414	+	law or regulations; and 340
	415	+	(G) That, for a facility described in subdivision (5) or (6) of subsection 341
	416	+	(a) of section 16-50i, the council has considered the manufacturer's 342
	417	+	recommended safety standards for any equipment, machinery or 343
	418	+	technology for the facility. 344
	419	+	Sec. 5. Section 16-50p of the general statutes is amended by adding 345
	420	+	subsection (k) as follows (Effective October 1, 2024): 346
	421	+	(NEW) (k) In reviewing a certificate for a solar photovoltaic facility 347 Raised Bill No. 5453
407	422
408	423
409		-	LCO 12 of 14
410	424
411		-	hundred megawatts, the council shall be bound by the approval, 353
412		-	disapproval or conditions concerning such facility that any chief 354
413		-	executive officer of any municipality in which such facility is located 355
414		-	submits to the council, provided the chief executive officer submits such 356
415		-	approval, disapproval or conditions not later than thirty days after such 357
416		-	chief executive officer is served a copy of the application for such 358
417		-	certificate pursuant to subsection (b) of section 16-50l, as amended by 359
418		-	this act. The provisions of this subsection shall not apply to any 360
419		-	certificate for a solar photovoltaic facility that is proposed as part of an 361
420		-	expansion of an existing facility pursuant to an existing certificate issued 362
421		-	by the council, whether such expansion is proposed on the site of the 363
422		-	existing facility or on land or parcels contiguous to the parcel or parcels 364
423		-	that comprise the site of the existing facility. 365
424		-	Sec. 6. Section 16-50s of the general statutes is repealed and the 366
425		-	following is substituted in lieu thereof (Effective October 1, 2024): 367
426		-	The council [may] shall give appropriate consideration in all 368
427		-	proceedings to (1) the amounts expended by a utility for research on 369
428		-	generation and transmission of the form of energy furnished by it and 370
429		-	the environmental effect thereof, (2) the amounts expended by such 371
430		-	utility for promotion, including advertising, of the use of the form of 372
431		-	energy furnished by it and (3) the relationship between such 373
432		-	expenditures. 374
433		-	Sec. 7. Subsection (c) of section 16-50z of the general statutes is 375
434		-	repealed and the following is substituted in lieu thereof (Effective October 376
435		-	1, 2024): 377
436		-	(c) When a public service company intends to acquire residential real 378
437		-	property by condemnation, [and the owner of such property disputes 379
438		-	the company's need to acquire such property, the owner may bring the 380
439		-	issue of the purpose for which the property is being acquired to the 381
440		-	Siting Council not later than thirty days following the owner being 382
441		-	informed of the company's intention] the company shall notify the 383
442		-	owner of the property not less than sixty days prior to the intended date 384 Substitute Bill No. 5453
	425	+	LCO No. 2736 12 of 14
	426	+
	427	+	that has a generating capacity greater than two megawatts of electricity 348
	428	+	that is proposed to be located within a five-mile radius of any solar 349
	429	+	photovoltaic facility that has a generating capacity greater than one 350
	430	+	hundred megawatts, the council shall be bound by the approval, 351
	431	+	disapproval or conditions concerning such facility that any chief 352
	432	+	executive officer of any municipality in which such facility is located 353
	433	+	submits to the council, provided the chief executive officer submits such 354
	434	+	approval, disapproval or conditions not later than thirty days after such 355
	435	+	chief executive officer is served a copy of the application for such 356
	436	+	certificate pursuant to subsection (b) of section 16-50l, as amended by 357
	437	+	this act. The provisions of this subsection shall not apply to any 358
	438	+	certificate for a solar photovoltaic facility that is proposed as part of an 359
	439	+	expansion of an existing facility pursuant to an existing certificate issued 360
	440	+	by the council, whether such expansion is proposed on the site of the 361
	441	+	existing facility or on land or parcels contiguous to the parcel or parcels 362
	442	+	that comprise the site of the existing facility. 363
	443	+	Sec. 6. Section 16-50s of the general statutes is repealed and the 364
	444	+	following is substituted in lieu thereof (Effective October 1, 2024): 365
	445	+	The council [may] shall give appropriate consideration in all 366
	446	+	proceedings to (1) the amounts expended by a utility for research on 367
	447	+	generation and transmission of the form of energy furnished by it and 368
	448	+	the environmental effect thereof, (2) the amounts expended by such 369
	449	+	utility for promotion, including advertising, of the use of the form of 370
	450	+	energy furnished by it and (3) the relationship between such 371
	451	+	expenditures. 372
	452	+	Sec. 7. Subsection (c) of section 16-50z of the general statutes is 373
	453	+	repealed and the following is substituted in lieu thereof (Effective October 374
	454	+	1, 2024): 375
	455	+	(c) When a public service company intends to acquire residential real 376
	456	+	property by condemnation, [and the owner of such property disputes 377
	457	+	the company's need to acquire such property, the owner may bring the 378
	458	+	issue of the purpose for which the property is being acquired to the 379 Raised Bill No. 5453
443	459
444	460
445		-	LCO 13 of 14
446	461
447		-	of condemnation, by certified mail, with the envelope marked in not less 385
448		-	than twelve-point size bold type, as follows: "NOTICE REGARDING 386
449		-	POTENTIAL CONDEMNATION OF YOUR PROPERTY", and send a 387
450		-	second such notice by certified mail not less than thirty days prior to the 388
451		-	intended date of condemnation. The company shall include in its 389
452		-	[notification] notifications under this section to the owner of its intention 390
453		-	to acquire such property by condemnation, a statement that the owner 391
454		-	may bring the issue of the purpose for which the property is being 392
455		-	acquired to the Connecticut Siting Council. [The company shall send 393
456		-	such notification to the owner by certified mail.] If the owner of such 394
457		-	property disputes the company's need to acquire such property, the 395
458		-	owner may bring the issue of the purpose for which the property is 396
459		-	being acquired to the Connecticut Siting Council not later than thirty 397
460		-	days following the second notice to the owner under this section. Upon 398
461		-	written request by the owner, the council shall initiate a proceeding to 399
462		-	determine whether the proposed taking is necessary and consistent with 400
463		-	the provisions of section 16a-35k. The council shall (1) provide the 401
464		-	owner of the property and the public service company with notice of the 402
465		-	proceeding, (2) hold a hearing in accordance with the provisions of 403
466		-	chapter 54 as part of such a proceeding, and (3) render a decision upon 404
467		-	the record not later than ninety days following the council's receipt of 405
468		-	the written request for such a proceeding, provided the parties may 406
469		-	agree to a longer period, which decision shall state whether the 407
470		-	proposed taking is necessary and consistent with the provisions of 408
471		-	section 16a-35k and include appropriate findings. The public service 409
472		-	company shall pay the expenses incurred by the council in conducting 410
473		-	a proceeding pursuant to this subsection. If a public service company 411
474		-	and the owner of real property agree that the proposed taking is 412
475		-	necessary and consistent with the provisions of section 16a-35k but 413
476		-	cannot agree on fair compensation for the property, or if the public 414
477		-	service company or owner disagrees with the decision of the council 415
478		-	regarding whether the proposed taking is necessary and consistent with 416
479		-	the provisions of section 16a-35k, the public service company or the 417
480		-	owner may petition the Superior Court to determine the issue in 418
481		-	question. Such a petition shall be submitted to the superior court for the 419 Substitute Bill No. 5453
	462	+	LCO No. 2736 13 of 14
	463	+
	464	+	Siting Council not later than thirty days following the owner being 380
	465	+	informed of the company's intention] the company shall notify the 381
	466	+	owner of the property not less than sixty days prior to the intended date 382
	467	+	of condemnation, by certified mail, with the envelope marked in not less 383
	468	+	than twelve-point size bold type, as follows: "NOTICE REGARDING 384
	469	+	POTENTIAL CONDEMNATION OF YOUR PROPERTY" , and send a 385
	470	+	second such notice by certified mail not less than thirty days prior to the 386
	471	+	intended date of condemnation. The company shall include in its 387
	472	+	[notification] notifications under this section to the owner of its intention 388
	473	+	to acquire such property by condemnation, a statement that the owner 389
	474	+	may bring the issue of the purpose for which the property is being 390
	475	+	acquired to the Connecticut Siting Council. [The company shall send 391
	476	+	such notification to the owner by certified mail.] If the owner of such 392
	477	+	property disputes the company's need to acquire such property, the 393
	478	+	owner may bring the issue of the purpose for which the property is 394
	479	+	being acquired to the Connecticut Siting Council not later than thirty 395
	480	+	days following the second notice to the owner under this section. Upon 396
	481	+	written request by the owner, the council shall initiate a proceeding to 397
	482	+	determine whether the proposed taking is necessary and consistent with 398
	483	+	the provisions of section 16a-35k. The council shall (1) provide the 399
	484	+	owner of the property and the public service company with notice of the 400
	485	+	proceeding, (2) hold a hearing in accordance with the provisions of 401
	486	+	chapter 54 as part of such a proceeding, and (3) render a decision upon 402
	487	+	the record not later than ninety days following the council's receipt of 403
	488	+	the written request for such a proceeding, provided the parties may 404
	489	+	agree to a longer period, which decision shall state whether the 405
	490	+	proposed taking is necessary and consistent with the provisions of 406
	491	+	section 16a-35k and include appropriate findings. The public service 407
	492	+	company shall pay the expenses incurred by the council in conducting 408
	493	+	a proceeding pursuant to this subsection. If a public service company 409
	494	+	and the owner of real property agree that the proposed taking is 410
	495	+	necessary and consistent with the provisions of section 16a-35k but 411
	496	+	cannot agree on fair compensation for the property, or if the public 412
	497	+	service company or owner disagrees with the decision of the council 413
	498	+	regarding whether the proposed taking is necessary and consistent with 414 Raised Bill No. 5453
482	499
483	500
484		-	LCO 14 of 14
485	501
486		-	judicial district in which the property is located. 420
	502	+	LCO No. 2736 14 of 14
	503	+
	504	+	the provisions of section 16a-35k, the public service company or the 415
	505	+	owner may petition the Superior Court to determine the issue in 416
	506	+	question. Such a petition shall be submitted to the superior court for the 417
	507	+	judicial district in which the property is located. 418
487	508		This act shall take effect as follows and shall amend the following
488	509		sections:
489	510
490	511		Section 1 October 1, 2024 16-50j
491	512		Sec. 2 October 1, 2024 16-50l(a) and (b)
492	513		Sec. 3 October 1, 2024 16-50l(g)
493	514		Sec. 4 October 1, 2024 16-50p(a)(3)
494	515		Sec. 5 October 1, 2024 16-50p(k)
495	516		Sec. 6 October 1, 2024 16-50s
496	517		Sec. 7 October 1, 2024 16-50z(c)
497	518
498		-	Statement of Legislative Commissioners:
499		-	In Section 1(b), a reference to "October 1, 2024" was added and Section
500		-	1(b)(5) was reordered for clarity; in Section 1(e), "him" was changed to
501		-	"the Governor" for consistency; and in Section 2(a)(3), repetitive
502		-	references to "an analysis of" were deleted for consistency with standard
503		-	drafting conventions.
504		-
505		-	GAE Joint Favorable Subst. -LCO
	519	+	Statement of Purpose:
	520	+	To make changes to the membership of the Connecticut Siting Council,
	521	+	require additional cost-benefit analysis and information concerning
	522	+	related projects for certain proposed facilities, require additional
	523	+	notifications to the owner of property intended to be condemned and
	524	+	make additional revisions to the process for granting applications for a
	525	+	certificate.
	526	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	527	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	528	+	underlined.]
506	529