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Connecticut House Bill HB05507

Connecticut 2024 Regular Session

Connecticut House Bill HB05507 Compare Versions

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5+General Assembly Substitute Bill No. 5507
6+February Session, 2024
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4-Substitute House Bill No. 5507
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6-Public Act No. 24-144
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9-AN ACT CONCERNING CERTAIN PROCEEDINGS RELATING TO
10-ELECTRIC TRANSMISSION LINES AND THE MEMBERSHIP AND
11-PROCESSES OF THE CONNECTICUT SITING COUNCIL.
12+AN ACT CONCERNING STATE AGENCY AND COURT PROCEEDINGS
13+RELATING TO ELECTRIC TRANSMISSION LINES.
1214 Be it enacted by the Senate and House of Representatives in General
1315 Assembly convened:
1416
15-Section 1. Subsection (d) of section 16-50i of the general statutes is
16-repealed and the following is substituted in lieu thereof (Effective October
17-1, 2024):
18-(d) "Modification" means a significant change or alteration in the
19-general physical characteristics of a facility, including any change or
20-alteration that requires the exercise of any right of eminent domain or
21-that expands any existing easement;
22-Sec. 2. Section 16-50j of the general statutes is repealed and the
23-following is substituted in lieu thereof (Effective October 1, 2024):
24-(a) There is established [a "Connecticut Siting Council"] the
25-Connecticut Siting Council, hereinafter referred to in this title as the
26-"council", which shall be within the Department of Energy and
27-Environmental Protection for administrative purposes only.
28-(b) Except [for proceedings under chapter 445, this subsection and
29-subsection (c) of this section, the] as provided in subsection (c) of this Substitute House Bill No. 5507
17+Section 1. Subdivision (2) of subsection (a) of section 22a-20a of the 1
18+2024 supplement to the general statutes is repealed and the following is 2
19+substituted in lieu thereof (Effective July 1, 2024): 3
20+(2) "Affecting facility" means any (A) electric generating facility with 4
21+a capacity of more than ten megawatts; (B) sludge or solid waste 5
22+incinerator or combustor; (C) sewage treatment plant with a capacity of 6
23+more than fifty million gallons per day; (D) intermediate processing 7
24+center, volume reduction facility or multitown recycling facility with a 8
25+combined monthly volume in excess of twenty-five tons; (E) new or 9
26+expanded landfill, including, but not limited to, a landfill that contains 10
27+ash, construction and demolition debris or solid waste; (F) medical 11
28+waste incinerator; [or] (G) major source of air pollution, as defined by 12
29+the federal Clean Air Act; or (H) an electric transmission line of a design 13
30+capacity of sixty-nine kilovolts or more. "Affecting facility" shall not 14
31+include (i) the portion of an electric generating facility that uses 15
32+nonemitting and nonpolluting renewable resources such as wind, solar 16
33+and hydro power or that uses fuel cells, (ii) any facility for which a 17
34+certificate of environmental compatibility and public need was obtained 18
35+from the Connecticut Siting Council on or before January 1, 2000, or (iii) 19 Substitute Bill No. 5507
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31-Public Act No. 24-144 2 of 35
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33-section, the council shall consist of: (1) The Commissioner of Energy and
34-Environmental Protection, or [his] the commissioner's designee; (2) the
35-chairperson of the Public Utilities Regulatory Authority, or the
36-chairperson's designee; (3) one designee of the speaker of the House and
37-one designee of the president pro tempore of the Senate; and (4) five
38-public members, [of the public,] to be appointed by the Governor, at
39-least two of whom shall be experienced in the field of ecology, [and not
40-more than one of whom shall have affiliation, past or present,] and all
41-five of whom shall, consistent with the provisions of section 4-9a, have
42-no substantial financial interest in, not be employed in or by, and not be
43-professionally affiliated with any (A) utility, [or governmental utility
44-regulatory agency, or with any person owning, operating, controlling,
45-or presently contracting with respect to a] (B) facility, [a] (C) hazardous
46-waste facility, as defined in section 22a-115, or [an] (D) ash residue
47-disposal area, and shall have had no professional affiliation with any
48-such utility, facility, hazardous waste facility or ash residue disposal
49-area for three years preceding such public member's appointment to the
50-council.
51-(c) For proceedings under chapter 445, [subsection (b) of this section
52-and this subsection,] the council shall consist of (1) the Commissioners
53-of Public Health and Emergency Services and Public Protection or their
54-designated representatives; (2) the designees of the speaker of the House
55-of Representatives and the president pro tempore of the Senate as
56-provided in subsection (b) of this section; (3) the five public members
57-[of the public] as provided in subsection (b) of this section; and (4) four
58-ad hoc members, appointed by the chief elected official of the
59-municipality each such member represents, three of whom shall be
60-electors from the municipality in which the proposed facility is to be
61-located and one of whom shall be an elector from a neighboring
62-municipality likely to be most affected by the proposed facility.
63-[The] (d) For the appointment of ad hoc members in accordance with Substitute House Bill No. 5507
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65-Public Act No. 24-144 3 of 35
40+a facility of a constituent unit of the state system of higher education that 20
41+has been the subject of an environmental impact evaluation in 21
42+accordance with the provisions of sections 22a-1b to 22a-1h, inclusive, 22
43+and such evaluation has been determined to be satisfactory in 23
44+accordance with section 22a-1e; 24
45+Sec. 2. Subsection (b) of section 16-50bb of the general statutes is 25
46+repealed and the following is substituted in lieu thereof (Effective July 1, 26
47+2024): 27
48+(b) Payments from the account shall be made upon authorization by 28
49+the State Treasurer. An application for reimbursement shall be 29
50+submitted not later than sixty days after the conclusion of a certification 30
51+proceeding, except for a facility described in subdivisions (5) and (6) of 31
52+subsection (a) of section 16-50i, by each municipality entitled to receive 32
53+a copy of an application under section 16-50l, as amended by this act, in 33
54+order to defray expenses incurred by such municipalities in 34
55+participating as a party to a certification proceeding, except for a 35
56+proceeding on an application for a facility described in subdivision (5) 36
57+or (6) of subsection (a) of section 16-50i. Any moneys remaining after 37
58+payments to municipalities in accordance with this section shall be 38
59+refunded to the applicant in even amounts. Where more than one 39
60+municipality seeks moneys from such account, the council shall evenly 40
61+distribute such moneys among the municipalities. No municipality may 41
62+receive moneys from the account in excess of [twenty-five] seventy-five 42
63+thousand dollars. No municipality may receive moneys from the 43
64+account in excess of the dollar amount such municipality has expended 44
65+from its own municipal funds. 45
66+Sec. 3. Section 16-50l of the general statutes is repealed and the 46
67+following is substituted in lieu thereof (Effective July 1, 2024): 47
68+(a) To initiate a certification proceeding, an applicant for a certificate 48
69+shall file with the council an application, in such form as the council may 49
70+prescribe, accompanied by a filing fee of not more than twenty-five 50
71+thousand dollars, which fee shall be established in accordance with 51 Substitute Bill No. 5507
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67-subsection (c) of this section, the municipality most affected by the
68-proposed facility shall be determined by the permanent members of the
69-council. If any one of the five public members [of the public] or of the
70-designees of the speaker of the House of Representatives or the
71-president pro tempore of the Senate resides [(A)] (1) in the municipality
72-in which a hazardous waste facility is proposed to be located for a
73-proceeding concerning a hazardous waste facility or in which a low-
74-level radioactive waste facility is proposed to be located for a proceeding
75-concerning a low-level radioactive waste facility, or [(B)] (2) in the
76-neighboring municipality likely to be most affected by the proposed
77-facility, the appointing authority shall appoint a substitute member for
78-the proceedings on such proposal. If any appointee is unable to perform
79-[his] such appointee's duties on the council due to illness, or has a
80-substantial financial or employment interest which is in conflict with the
81-proper discharge of [his] the appointee's duties under this chapter, the
82-appointing authority shall appoint a substitute member for proceedings
83-on such proposal. An appointee shall report any substantial financial or
84-employment interest which might conflict with the proper discharge of
85-[his] the appointee's duties under this chapter to the appointing
86-authority who shall determine if such conflict exists. If any state agency
87-is the applicant, an appointee shall not be deemed to have a substantial
88-employment conflict of interest because of employment with the state
89-unless such appointee is directly employed by the state agency making
90-the application. Ad hoc members [shall be appointed by the chief elected
91-official of the municipality they represent and] shall continue their
92-membership until the council issues a letter of completion of the
93-development and management plan to the applicant.
94-[(d)] (e) The [chairman] chairperson of the council shall be appointed
95-by the Governor from among the five public members appointed by
96-[him] the Governor, with the advice and consent of the House or Senate,
97-and shall serve as [chairman] chairperson at the pleasure of the
98-Governor. Substitute House Bill No. 5507
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100-Public Act No. 24-144 4 of 35
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102-[(e)] (f) The public members of the council, including the [chairman]
103-chairperson, the members appointed by the speaker of the House and
104-president pro tempore of the Senate and the four ad hoc members
105-specified in subsection (c) of this section, shall be compensated for their
106-attendance at public hearings, executive sessions, or other council
107-business as may require their attendance at the rate of two hundred
108-dollars, provided in no case shall the daily compensation exceed two
109-hundred dollars.
110-(g) The council shall employ such employees as may be necessary to
111-carry out the provisions of this chapter, and such employees shall, in the
112-aggregate, have sufficient expertise in engineering and financial
113-analysis to carry out the provisions of this chapter.
114-[(f)] (h) The council shall, in addition to its other duties prescribed in
115-this chapter, adopt, amend, or rescind suitable regulations to carry out
116-the provisions of this chapter and the policies and practices of the
117-council in connection therewith, and appoint and prescribe the duties of
118-such staff as may be necessary to carry out the provisions of this chapter.
119-The [chairman] chairperson of the council, with the consent of five or
120-more other members of the council, may appoint an executive director,
121-who shall be the chief administrative officer of the Connecticut Siting
122-Council. The executive director shall be exempt from classified service.
123-[(g)] (i) Prior to commencing any hearing pursuant to section 16-50m,
124-the council shall consult with and solicit written comments from (1) the
125-[Department of Energy and Environmental Protection, the Department
126-of Public Health, the Council on Environmental Quality, the
127-Department of Agriculture, the Public Utilities Regulatory Authority,
128-the Office of Policy and Management, the Department of Economic and
129-Community Development and the Department of Transportation ]
130-Departments of Energy and Environmental Protection, Public Health,
131-Agriculture, Economic and Community Development and
132-Transportation and the Council on Environmental Quality, the Public Substitute House Bill No. 5507
76+section 16-50t, and a municipal participation fee of [twenty-five] 52
77+seventy-five thousand dollars to be deposited in the account established 53
78+pursuant to section 16-50bb, as amended by this act, except that an 54
79+application for a facility described in subdivision (5) or (6) of subsection 55
80+(a) of section 16-50i shall not pay such municipal participation fee. An 56
81+application shall contain such information as the applicant may 57
82+consider relevant and the council or any department or agency of the 58
83+state exercising environmental controls may by regulation require, 59
84+including the following information: 60
85+(1) In the case of facilities described in subdivisions (1), (2) and (4) of 61
86+subsection (a) of section 16-50i: (A) A description, including estimated 62
87+costs, of the proposed transmission line, substation or switchyard, 63
88+covering, where applicable underground cable sizes and specifications, 64
89+overhead tower design and appearance and heights, if any, conductor 65
90+sizes, and initial and ultimate voltages and capacities; (B) a statement 66
91+and full explanation of why the proposed transmission line, substation 67
92+or switchyard is necessary and how the facility conforms to a long-range 68
93+plan for expansion of the electric power grid serving the state and 69
94+interconnected utility systems, that will serve the public need for 70
95+adequate, reliable and economic service; (C) a map of suitable scale of 71
96+the proposed routing or site, showing details of the rights-of-way or site 72
97+in the vicinity of settled areas, parks, recreational areas and scenic areas, 73
98+residential areas, private or public schools, child care centers, as 74
99+described in section 19a-77, group child care homes, as described in 75
100+section 19a-77, family child care homes, as described in section 19a-77, 76
101+licensed youth camps, and public playgrounds and showing existing 77
102+transmission lines within one mile of the proposed route or site; (D) a 78
103+justification for adoption of the route or site selected, including 79
104+comparison with alternative routes or sites which are environmentally, 80
105+technically and economically practical; (E) a description of the effect of 81
106+the proposed transmission line, substation or switchyard on the 82
107+environment, ecology, and scenic, historic and recreational values; (F) a 83
108+justification for overhead portions, if any, including life-cycle cost 84
109+studies comparing overhead alternatives with underground 85 Substitute Bill No. 5507
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134-Public Act No. 24-144 5 of 35
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136-Utilities Regulatory Authority, the Office of Policy and Management
137-and the Office of Consumer Counsel, and (2) in a hearing pursuant to
138-section 16-50m, for a facility described in subdivision (3) of subsection
139-(a) of section 16-50i, the Department of Emergency Services and Public
140-Protection, the Department of Administrative Services, [and] the Labor
141-Department and the Office of Consumer Counsel. Copies of such
142-comments shall be made available to all parties prior to the
143-commencement of the hearing. Subsequent to the commencement of the
144-hearing, said departments, [and council] Council on Environmental
145-Quality, authority and offices may file additional written comments
146-with the [council] Connecticut Siting Council within such period of time
147-as the [council] Connecticut Siting Council designates. All such written
148-comments shall be made part of the record, as provided [by] in section
149-16-50o. Said departments, [and council] Council on Environmental
150-Quality, authority and offices shall not enter any contract or agreement
151-with any party to the proceedings or hearings described in this section
152-or section 16-50p, as amended by this act, that requires said
153-departments, [or council] Council on Environmental Quality, authority
154-or offices to withhold or retract comments, refrain from participating in
155-or withdraw from said proceedings or hearings.
156-Sec. 3. Section 16-50l of the general statutes is repealed and the
157-following is substituted in lieu thereof (Effective October 1, 2024):
158-(a) To initiate a certification proceeding, an applicant for a certificate
159-shall file with the council an application, in such form as the council may
160-prescribe, accompanied by a filing fee of not more than twenty-five
161-thousand dollars, which fee shall be established in accordance with
162-section 16-50t, and a municipal participation fee of [twenty-five] forty
163-thousand dollars, or, if the proposed location of the facility is in more
164-than one municipality, eighty thousand dollars, to be deposited in the
165-account established pursuant to section 16-50bb, as amended by this act,
166-except that an application for a facility described in subdivision (5) or Substitute House Bill No. 5507
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168-Public Act No. 24-144 6 of 35
114+alternatives, and effects described in subparagraph (E) of this 86
115+subdivision of undergrounding; (G) a schedule of dates showing the 87
116+proposed program of right -of-way or property acquisition, 88
117+construction, completion and operation and, in the case of a proposed 89
118+transmission line, (i) any appraisal completed by an independent 90
119+appraiser on behalf of the applicant concerning fair compensation that 91
120+is to be provided to an owner of real property in connection with the 92
121+necessity of entering a right-of-way, including any easement or land 93
122+acquisition, and (ii) for property that the applicant does not own, lease 94
123+or otherwise have access to, the applicant shall exercise due diligence to 95
124+seek permission to gain access to such property. Evidence of due 96
125+diligence shall be established by the submission of: (I) Certified mail, a 97
126+return receipt requested letter sent to the owner or owners of record 98
127+requesting access to the property; and (II) an affidavit from the applicant 99
128+stating that the applicant was not provided access to the property and, 100
129+in the absence of permission to access the property, the applicant made 101
130+a visual inspection of the property to document existing conditions from 102
131+public rights-of-way, existing utility rights-of-way or other accessible 103
132+properties within or surrounding the proposed facility site; (H) an 104
133+identification of each federal, state, regional, district and municipal 105
134+agency with which proposed route or site reviews have been 106
135+undertaken, including a copy of each written agency position on such 107
136+route or site; [and] (I) an assessment of the impact of any 108
137+electromagnetic fields to be produced by the proposed transmission 109
138+line; and (J), in the case of a proposed transmission line, (i) for the ten-110
139+year period preceding the date of the application, the actual loads for 111
140+existing transmission lines in the area where the proposed transmission 112
141+line is to be located, (ii) for the ten-year period following the date of the 113
142+application, the projected load for any proposed transmission line, (iii) 114
143+for the ten-year period preceding the date of application, the 115
144+performance of any electric circuit at issue, including a description of 116
145+any service outage or disruption, the cause or causes of such outage or 117
146+disruption and the time required to restore service following such 118
147+outage or disruption, and (iv) a statement of loads and resources, as 119
148+described in subsection (a) of section 16-50r, and any planning study 120 Substitute Bill No. 5507
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170-(6) of subsection (a) of section 16-50i shall not pay such municipal
171-participation fee. An application shall contain such information as the
172-applicant may consider relevant, [and] such information that the council
173-or any department or agency of the state exercising environmental
174-controls may by regulation require, [including] and the following
175-information:
176-(1) In the case of facilities described in subdivisions (1), (2) and (4) of
177-subsection (a) of section 16-50i: (A) A description, including estimated
178-costs, of the proposed transmission line, substation or switchyard,
179-covering, where applicable underground cable sizes and specifications,
180-overhead tower design and appearance and heights, if any, conductor
181-sizes, and initial and ultimate voltages and capacities; (B) a statement
182-and full explanation of why the proposed transmission line, substation
183-or switchyard is necessary and how the facility conforms to a long-range
184-plan for expansion of the electric power grid serving the state and
185-interconnected utility systems, that will serve the public need for
186-adequate, reliable and economic service; (C) a map of suitable scale of
187-the proposed routing or site, showing details of the rights-of-way or site
188-in the vicinity of settled areas, parks, recreational areas and scenic areas,
189-residential areas, private or public schools, child care centers, as
190-described in section 19a-77, group child care homes, as described in
191-section 19a-77, family child care homes, as described in section 19a-77,
192-licensed youth camps, and public playgrounds and showing existing
193-transmission lines within one mile of the proposed route or site; (D) a
194-justification for adoption of the route or site selected, including
195-comparison with alternative routes or sites which are environmentally,
196-technically and economically practical; (E) a description of the effect of
197-the proposed transmission line, substation or switchyard on the
198-environment, ecology, and scenic, historic and recreational values; (F) a
199-justification for overhead portions, if any, including life-cycle cost
200-studies comparing overhead alternatives with underground
201-alternatives, and effects described in subparagraph (E) of this Substitute House Bill No. 5507
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203-Public Act No. 24-144 7 of 35
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204152
205-subdivision of undergrounding; (G) a schedule of dates showing the
206-proposed program of right -of-way or property acquisition,
207-construction, completion and operation and, in the case of any facility
208-described in subdivision (1) of subsection (a) of section 16-50i, or any
209-modification of such a facility, (i) any appraisal completed by an
210-independent appraiser on behalf of the applicant concerning fair
211-compensation that is to be provided to an owner of real property in
212-connection with the necessity of entering a right-of-way, including any
213-easements or land acquisition, and (ii) for property that the applicant
214-does not own, lease or otherwise have access to, the applicant shall
215-exercise due diligence to seek permission to gain access to such
216-property. Evidence of due diligence shall be established by the
217-submission of: (I) Certified mail, return receipt requested, letters sent to
218-the owner or owners of record of such property requesting access to the
219-property; and (II) an affidavit from the applicant stating that the
220-applicant was not provided access to the property and, in the absence of
221-permission to access the property, the applicant made visual inspections
222-of the property to document existing conditions from public rights-of-
223-way, existing utility rights-of-way or other accessible properties within
224-or surrounding the proposed facility site; (H) an identification of each
225-federal, state, regional, district and municipal agency with which
226-proposed route or site reviews have been undertaken, including a copy
227-of each written agency position on such route or site; and (I) an
228-assessment of the impact of any electromagnetic fields to be produced
229-by the proposed transmission line; [and]
230-(2) In the case of facilities described in subdivision (3) of subsection
231-(a) of section 16-50i: (A) A description of the proposed electric
232-generating or storage facility; (B) a statement and full explanation of
233-why the proposed facility is necessary; (C) a statement of loads and
234-resources, as described in section 16-50r; (D) safety and reliability
235-information, including planned provisions for emergency operations
236-and shutdowns; (E) estimated cost information, including plant costs, Substitute House Bill No. 5507
153+conducted by the regional independent system operator or the applicant 121
154+associated with the proposed facility; and 122
155+(2) In the case of facilities described in subdivision (3) of subsection 123
156+(a) of section 16-50i: (A) A description of the proposed electric 124
157+generating or storage facility; (B) a statement and full explanation of 125
158+why the proposed facility is necessary; (C) a statement of loads and 126
159+resources as described in section 16-50r; (D) safety and reliability 127
160+information, including planned provisions for emergency operations 128
161+and shutdowns; (E) estimated cost information, including plant costs, 129
162+fuel costs, plant service life and capacity factor, and total generating cost 130
163+per kilowatt-hour, both at the plant and related transmission, and 131
164+comparative costs of alternatives considered; (F) a schedule showing the 132
165+program for design, material acquisition, construction and testing, and 133
166+operating dates; (G) available site information, including maps and 134
167+description and present and proposed development, and geological, 135
168+scenic, ecological, seismic, biological, water supply, population and load 136
169+center data; (H) justification for adoption of the site selected, including 137
170+comparison with alternative sites; (I) design information, including a 138
171+description of facilities, plant efficiencies, electrical connections to the 139
172+system, and control systems; (J) a description of provisions, including 140
173+devices and operations, for mitigation of the effect of the operation of 141
174+the facility on air and water quality, for waste disposal, and for noise 142
175+abatement, and information on other environmental aspects; and (K) a 143
176+listing of federal, state, regional, district and municipal agencies from 144
177+which approvals either have been obtained or will be sought covering 145
178+the proposed facility, copies of approvals received and the planned 146
179+schedule for obtaining those approvals not yet received. 147
180+(b) Each application shall be accompanied by proof of service of a 148
181+copy of such application on: (1) Each municipality in which any portion 149
182+of such facility is to be located, both as primarily proposed and in the 150
183+alternative locations listed, and any adjoining municipality having a 151
184+boundary not more than two thousand five hundred feet from such 152
185+facility, which copy shall be served on the chief executive officer of each 153
186+such municipality and shall include notice of the date on or about which 154 Substitute Bill No. 5507
237187
238-Public Act No. 24-144 8 of 35
239188
240-fuel costs, plant service life and capacity factor, and total generating cost
241-per kilowatt-hour, both at the plant and related transmission, and
242-comparative costs of alternatives considered; (F) a schedule showing the
243-program for design, material acquisition, construction and testing, and
244-operating dates; (G) available site information, including maps and
245-description and present and proposed development, and geological,
246-scenic, ecological, seismic, biological, water supply, population and load
247-center data; (H) justification for adoption of the site selected, including
248-comparison with alternative sites; (I) design information, including a
249-description of facilities, plant efficiencies, electrical connections to the
250-system, and control systems; (J) a description of provisions, including
251-devices and operations, for mitigation of the effect of the operation of
252-the facility on air and water quality, for waste disposal, and for noise
253-abatement, and information on other environmental aspects; and (K) a
254-listing of federal, state, regional, district and municipal agencies from
255-which approvals either have been obtained or will be sought covering
256-the proposed facility, copies of approvals received and the planned
257-schedule for obtaining those approvals not yet received; and
258-(3) In addition to the requirements of subdivisions (1) and (2) of this
259-subsection, in the case of any facility described in subdivision (1) of
260-subsection (a) of section 16-50i, or any modification of such a facility: (A)
261-A description of the estimated initial and life-cycle costs for the facility
262-or modification, as applicable, and for each feasible and practical
263-alternative; (B) an estimate of the regionalized and localized costs for the
264-facility or modification, as applicable, and for each feasible and practical
265-alternative, in accordance with the regional independent system
266-operator's procedure for pool-supported pool transmission facilities
267-cost review, or a successor procedure; (C) for any difference between the
268-estimated total costs and estimated localized costs, an analysis of the
269-benefits associated with such cost difference; (D) a detailed analysis of
270-any nontransmission alternatives to the proposed facility or proposed
271-modification, as applicable; and (E) (i) for the ten-year period preceding Substitute House Bill No. 5507
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272190
273-Public Act No. 24-144 9 of 35
191+the application is to be filed, and the zoning commissions, planning 155
192+commissions, planning and zoning commissions, conservation 156
193+commissions and inland wetlands agencies of each such municipality, 157
194+and the regional councils of governments which encompass each such 158
195+municipality; (2) the Attorney General; (3) each member of the 159
196+legislature in whose assembly or senate district the facility or any 160
197+alternative location listed in the application is to be located; (4) any 161
198+agency, department or instrumentality of the federal government that 162
199+has jurisdiction, whether concurrent with the state or otherwise, over 163
200+any matter that would be affected by such facility; (5) each state 164
201+department, agency and commission named in subsection (g) of section 165
202+16-50j, as amended by this act; and (6) such other state and municipal 166
203+bodies as the council may by regulation designate. A notice of such 167
204+application shall be given to the general public, in municipalities 168
205+entitled to receive notice under subdivision (1) of this subsection, by the 169
206+publication of a summary of such application and the date on or about 170
207+which it will be filed. Such notice shall be published under the 171
208+regulations to be promulgated by the council, in such form and in such 172
209+newspapers as will serve substantially to inform the public of such 173
210+application and to afford interested persons sufficient time to prepare 174
211+for and to be heard at the hearing prescribed in section 16-50m. Such 175
212+notice shall be published in not less than ten-point type. A notice of such 176
213+an application for a certificate for a facility described in subdivision (3), 177
214+(4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by 178
215+certified or registered mail, to each person appearing of record as an 179
216+owner of property which abuts the proposed primary or alternative sites 180
217+on which the facility would be located. Such notice shall be sent at the 181
218+same time that notice of such application is given to the general public. 182
219+Notice of an application for a certificate for a facility described in 183
220+subdivision (1) of subsection (a) of section 16-50i shall also be provided 184
221+to each electric distribution company customer in the municipality 185
222+where the facility is proposed to be placed. Such notice shall (A) be 186
223+provided on a separate enclosure with each customer's monthly bill for 187
224+one or more months, (B) be provided by the electric distribution 188
225+company not earlier than sixty days prior to filing the application with 189 Substitute Bill No. 5507
274226
275-the date of the application, the actual loads for existing transmission
276-lines in the area where the proposed transmission line is to be located,
277-(ii) for the ten-year period following the date of the application, the
278-projected load for any proposed transmission line, (iii) for the ten-year
279-period preceding the date of application, the performance of all electric
280-circuits for existing transmission lines in the area where the proposed
281-transmission line is to be located, including a description of all service
282-outages or disruptions, any cause for such outage or disruption and the
283-time required to restore service following such outages or disruptions,
284-and (iv) a statement of loads and resources, as described in subsection
285-(a) of section 16-50r, and all planning studies conducted by the regional
286-independent system operator or the applicant associated with the
287-proposed facility.
288-(b) Each application shall be accompanied by proof of service of a
289-copy of such application on: (1) Each municipality in which any portion
290-of such facility is to be located, both as primarily proposed and in the
291-alternative locations listed, and any adjoining municipality having a
292-boundary not more than two thousand five hundred feet from such
293-facility, which copy shall be served on the chief executive officer of each
294-such municipality and shall include notice of the date on or about which
295-the application is to be filed, and the zoning commissions, planning
296-commissions, planning and zoning commissions, conservation
297-commissions and inland wetlands agencies of each such municipality,
298-and the regional councils of governments which encompass each such
299-municipality; (2) the Attorney General; (3) each member of the
300-legislature in whose assembly or senate district the facility or any
301-alternative location listed in the application is to be located; (4) any
302-agency, department or instrumentality of the federal government that
303-has jurisdiction, whether concurrent with the state or otherwise, over
304-any matter that would be affected by such facility; (5) each state
305-department [,] and agency [and commission] named in subsection [(g)]
306-(i) of section 16-50j, as amended by this act; and (6) such other state and Substitute House Bill No. 5507
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310-municipal bodies as the council may by regulation designate. A notice
311-of such application shall be given to the general public, in municipalities
312-entitled to receive notice under subdivision (1) of this subsection, by the
313-publication of a summary of such application and the date on or about
314-which it will be filed. Such notice shall be published under the
315-regulations to be promulgated by the council, in such form and in such
316-newspapers as will serve substantially to inform the public of such
317-application and to afford interested persons sufficient time to prepare
318-for and to be heard at the hearing prescribed in section 16-50m. Such
319-notice shall be published in not less than ten-point type. A notice of such
320-an application for a certificate for a facility described in subdivision (3),
321-(4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by
322-certified or registered mail, to each person appearing of record as an
323-owner of property which abuts the proposed primary or alternative sites
324-on which the facility would be located. Such notice shall be sent at the
325-same time that notice of such application is given to the general public.
326-Notice of an application for a certificate for a facility described in
327-subdivision (1) of subsection (a) of section 16-50i shall also be provided
328-to each electric distribution company customer in the municipality
329-where the facility is proposed to be placed. Such notice shall (A) be
330-provided on a separate enclosure with each customer's monthly bill for
331-one or more months, (B) be provided by the electric distribution
332-company not earlier than sixty days prior to filing the application with
333-the council, but not later than the date that the application is filed with
334-the council, and (C) include: A brief description of the project, including
335-its location relative to the affected municipality and adjacent streets; a
336-brief technical description of the project including its proposed length,
337-voltage, and type and range of heights of support structures or
338-underground configuration; the reason for the project; the address and
339-a toll-free telephone number of the applicant by which additional
340-information about the project can be obtained; and a statement in print
341-no smaller than twenty-four-point type size stating "NOTICE OF
342-PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC Substitute House Bill No. 5507
230+the council, but not later than the date that the application is filed with 190
231+the council, and (C) include: A brief description of the project, including 191
232+its location relative to the affected municipality and adjacent streets; a 192
233+brief technical description of the project including its proposed length, 193
234+voltage, and type and range of heights of support structures or 194
235+underground configuration; the reason for the project; the address and 195
236+a toll-free telephone number of the applicant by which additional 196
237+information about the project can be obtained; and a statement in print 197
238+no smaller than twenty-four-point type size stating "NOTICE OF 198
239+PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC 199
240+TRANSMISSION LINE". 200
241+(c) An application for a certificate shall contain information on the 201
242+extent to which the proposed facility has been identified in, and is 202
243+consistent with, the annual forecast reports and life-cycle cost analysis 203
244+required by section 16-50r and other advance planning that has been 204
245+carried out, and shall include an explanation for any failure of the 205
246+facility to conform with such information. 206
247+(d) An amendment proceeding may be initiated by an application for 207
248+amendment of a certificate filed with the council by the holder of the 208
249+certificate or by a resolution of the council. An amendment application 209
250+by a certificate holder shall be in such form and contain such 210
251+information as the council shall prescribe. A resolution for amendment 211
252+by the council shall identify the design, location or route of the portion 212
253+of a certificated facility described in subdivisions (1) or (2) of subsection 213
254+(a) of section 16-50i which is subject to modification on the basis of stated 214
255+conditions or events which could not reasonably have been known or 215
256+foreseen prior to the issuance of the certificate. No such resolution for 216
257+amendment of a certificate shall be adopted after the commencement of 217
258+site preparation or construction of the certificated facility or, in the case 218
259+of a facility for which approval by the council of a right-of-way 219
260+development and management plan or other detailed construction plan 220
261+is a condition of the certificate, after approval of that part of the plan 221
262+which includes the portion of the facility proposed for modification. A 222
263+copy and notice of each amendment application shall be given by the 223 Substitute Bill No. 5507
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344-Public Act No. 24-144 11 of 35
345265
346-TRANSMISSION LINE".
347-(c) For a facility described in subdivision (3) of subsection (a) of
348-section 16-50i that is a solar photovoltaic facility, the applicant shall also
349-provide notice by certified or registered mail of each proposed site
350-configuration change that occurs after the filing of the application but
351-prior to the granting of a certificate for such facility, that is a material
352-change, as determined by the council, to each person appearing of
353-record as an owner of property that abuts the proposed primary or
354-alternative sites on which the facility would be located.
355-[(c)] (d) An application for a certificate shall contain information on
356-the extent to which the proposed facility has been identified in, and is
357-consistent with, the annual forecast reports and life-cycle cost analysis
358-required by section 16-50r and other advance planning that has been
359-carried out, and shall include an explanation for any failure of the
360-facility to conform with such information.
361-[(d)] (e) An amendment proceeding may be initiated by an
362-application for amendment of a certificate filed with the council by the
363-holder of the certificate or by a resolution of the council. An amendment
364-application by a certificate holder shall be in such form and contain such
365-information as the council shall prescribe. A resolution for amendment
366-by the council shall identify the design, location or route of the portion
367-of a certificated facility described in subdivisions (1) or (2) of subsection
368-(a) of section 16-50i which is subject to modification on the basis of stated
369-conditions or events which could not reasonably have been known or
370-foreseen prior to the issuance of the certificate. No such resolution for
371-amendment of a certificate shall be adopted after the commencement of
372-site preparation or construction of the certificated facility or, in the case
373-of a facility for which approval by the council of a right-of-way
374-development and management plan or other detailed construction plan
375-is a condition of the certificate, after approval of that part of the plan
376-which includes the portion of the facility proposed for modification. A Substitute House Bill No. 5507
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378-Public Act No. 24-144 12 of 35
268+holder of the certificate in the manner set forth in subsection (b) of this 224
269+section. A copy and notice of each resolution for amendment shall be 225
270+given by the council in the manner set forth in subsection (b) of this 226
271+section. The council shall also provide the certificate holder with a copy 227
272+of such resolution. The certificate holder and the council shall not be 228
273+required to give such copy and notice to municipalities and the 229
274+commissions and agencies of such municipalities other than those in 230
275+which the modified portion of the facility would be located. 231
276+(e) At least [sixty] ninety days prior to the filing of an application with 232
277+the council, the applicant shall consult with the municipality in which 233
278+the facility may be located and with any other municipality required to 234
279+be served with a copy of the application under subdivision (1) of 235
280+subsection (b) of this section concerning the proposed and alternative 236
281+sites of the facility. Such consultation with the municipality shall 237
282+include, but not be limited to, good faith efforts to meet with the chief 238
283+elected official of the municipality, or such official's designee, the 239
284+legislative body of the municipality in which the facility may be located 240
285+and each member of the legislature in whose assembly or senate district 241
286+the facility or any alternative location listed in the application is to be 242
287+located. At the time of the consultation, the applicant shall provide the 243
288+chief elected official, or such official's designee, the legislative body of 244
289+the municipality in which the facility may be located and each member 245
290+of the legislature in whose assembly or senate district the facility or any 246
291+alternative location listed in the application is to be located with (1) a 247
292+public engagement plan that shall include the effect of the project on 248
293+community services and infrastructure and the impact of the project on 249
294+proposed development and the municipal tax base, and (2) any technical 250
295+reports concerning the public need, the site selection process and the 251
296+environmental effects of the proposed facility. In the case of a proposed 252
297+transmission line, at the time of the consultation, the applicant shall 253
298+provide the chief elected official, or such official's designee, the 254
299+legislative body of the municipality in which the proposed transmission 255
300+line may be located and each member of the legislature in whose 256
301+assembly or senate district the facility or any alternative location listed 257 Substitute Bill No. 5507
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380-copy and notice of each amendment application shall be given by the
381-holder of the certificate in the manner set forth in subsection (b) of this
382-section. A copy and notice of each resolution for amendment shall be
383-given by the council in the manner set forth in subsection (b) of this
384-section. The council shall also provide the certificate holder with a copy
385-of such resolution. The certificate holder and the council shall not be
386-required to give such copy and notice to municipalities and the
387-commissions and agencies of such municipalities other than those in
388-which the modified portion of the facility would be located.
389-[(e)] (f) At least sixty days, or, in the case of a facility described in
390-subdivision (1) of subsection (a) of section 16-50i, ninety days prior to
391-the filing of an application with the council, the applicant shall consult
392-with the municipality in which the facility may be located and with any
393-other municipality required to be served with a copy of the application
394-under subdivision (1) of subsection (b) of this section concerning the
395-proposed and alternative sites of the facility. Such consultation with the
396-municipality shall include, but not be limited to, good faith efforts to
397-meet with the chief elected official of the municipality, or such official's
398-designee, the legislative body of the municipality and each member of
399-the legislature in whose assembly or senate district the facility or any
400-alternative location listed in the application is to be located. At the time
401-of the consultation, the applicant shall provide the chief elected official,
402-or such official's designee, the legislative body of the municipality and
403-each member of the legislature in whose assembly or senate district the
404-facility or any alternative location listed in the application is to be
405-located with any technical reports concerning the public need, the site
406-selection process and the environmental effects of the proposed facility.
407-In the case of a proposed transmission line, at the time of the
408-consultation, the applicant shall provide the chief elected official, or
409-such official's designee, the legislative body of the municipality and
410-each member of the legislature in whose assembly or senate district the
411-facility or any alternative location listed in the application is to be Substitute House Bill No. 5507
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413-Public Act No. 24-144 13 of 35
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415-located with a report that includes a summary of the status of any
416-negotiation with the owners of real property concerning any required
417-right-of-way access, easements or land acquisition. Any such summary
418-shall not include any confidential or proprietary information. The
419-municipality may conduct public hearings and meetings as it deems
420-necessary for it to advise the applicant of its recommendations
421-concerning the proposed facility. [Within] Not later than sixty days [of]
422-after the initial consultation, the municipality shall issue its
423-recommendations to the applicant. [No] Not later than fifteen days after
424-submitting an application to the council, the applicant shall provide to
425-the council all materials provided to [the] such chief elected official of
426-the municipality, such official's designee, such legislative body of the
427-municipality or any such member of the legislature, [and] a summary of
428-the consultations with the municipality, including [all] any meetings
429-with such chief elected official, such official's designee, such legislative
430-body of the municipality and any such member of the legislature and
431-any recommendations issued by the municipality.
432-[(f)] (g) (1) For a facility described in subdivision (6) of subsection (a)
433-of section 16-50i, at least ninety days before filing an application with
434-the council, the applicant shall consult with the municipality in which
435-the facility is proposed to be located and with any other municipality
436-required to be served with a copy of the application under subdivision
437-(1) of subsection (b) of this section. Consultation with such municipality
438-shall include, but not be limited to, good-faith efforts to meet with the
439-chief elected official of the municipality or such official's designee. At
440-the time of the consultation, the applicant shall provide the municipality
441-with any technical reports concerning the need for the facility, including
442-a map indicating the area of need, the location of existing surrounding
443-facilities, a detailed description of the proposed and any alternate sites
444-under consideration, a listing of other sites or areas considered and
445-rejected, the location of all schools near the proposed facility, an analysis
446-of the potential aesthetic impacts of the facility on said schools, as well Substitute House Bill No. 5507
306+in the application is to be located with a report that includes a summary 258
307+of the status of any negotiation with an owner of real property 259
308+concerning the total amount of compensation to be paid to such owner 260
309+to secure any required right-of-way access, easements or land 261
310+acquisition. The municipality may conduct public hearings and 262
311+meetings as it deems necessary for it to advise the applicant of its 263
312+recommendations concerning the proposed facility. Within sixty days of 264
313+the initial consultation, the municipality shall issue its 265
314+recommendations to the applicant. No later than fifteen days after 266
315+submitting an application to the council, the applicant shall provide to 267
316+the council all materials provided to the municipality and a summary of 268
317+the consultations with the municipality including all recommendations 269
318+issued by the municipality. 270
319+(f) (1) For a facility described in subdivision (6) of subsection (a) of 271
320+section 16-50i, at least ninety days before filing an application with the 272
321+council, the applicant shall consult with the municipality in which the 273
322+facility is proposed to be located and with any other municipality 274
323+required to be served with a copy of the application under subdivision 275
324+(1) of subsection (b) of this section. Consultation with such municipality 276
325+shall include, but not be limited to, good-faith efforts to meet with the 277
326+chief elected official of the municipality or such official's designee. At 278
327+the time of the consultation, the applicant shall provide the municipality 279
328+with any technical reports concerning the need for the facility, including 280
329+a map indicating the area of need, the location of existing surrounding 281
330+facilities, a detailed description of the proposed and any alternate sites 282
331+under consideration, a listing of other sites or areas considered and 283
332+rejected, the location of all schools near the proposed facility, an analysis 284
333+of the potential aesthetic impacts of the facility on said schools, as well 285
334+as a discussion of efforts or measures to be taken to mitigate such 286
335+aesthetic impacts, a description of the site selection process undertaken 287
336+by the prospective applicant and the potential environmental effects of 288
337+the proposed facility. The applicant shall also provide copies of such 289
338+technical reports to such municipality's planning commission, zoning 290
339+commission or combined planning and zoning commission and inland 291 Substitute Bill No. 5507
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448-Public Act No. 24-144 14 of 35
449341
450-as a discussion of efforts or measures to be taken to mitigate such
451-aesthetic impacts, a description of the site selection process undertaken
452-by the prospective applicant and the potential environmental effects of
453-the proposed facility. The applicant shall also provide copies of such
454-technical reports to such municipality's planning commission, zoning
455-commission or combined planning and zoning commission and inland
456-wetland agency.
457-(2) Not later than sixty days after the initial municipal consultation
458-meeting, the municipality, in cooperation with the applicant, may hold
459-a public information meeting. If the municipality decides to hold a
460-public information meeting, the applicant shall be responsible for
461-sending notice of such meeting to each person appearing of record as an
462-owner of property which abuts the proposed or alternate facility
463-locations and for publishing notice of such meeting in a newspaper of
464-general circulation in the municipality at least fifteen days before the
465-date of the public information meeting. Such applicant shall pay all
466-administrative expenses associated with such public information
467-meeting.
468-(3) The municipality shall present the applicant with proposed
469-alternative sites, which may include municipal parcels, for its
470-consideration not later than thirty days after the initial consultation
471-meeting. The applicant shall evaluate these alternate sites presented as
472-part of the municipal consultation process and include the results of its
473-evaluations in its application to the council. The applicant may present
474-any such alternatives to the council in its application for formal
475-consideration.
476-(h) Any applicant that submits an initial application under this
477-section for a facility described in subdivision (1) of subsection (a) of
478-section 16-50i where the applicant intends to submit one or more
479-additional applications under this section within five years of the date
480-of the initial application for additional facilities described in said Substitute House Bill No. 5507
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482-Public Act No. 24-144 15 of 35
344+wetland agency. 292
345+(2) Not later than sixty days after the initial municipal consultation 293
346+meeting, the municipality, in cooperation with the applicant, may hold 294
347+a public information meeting. If the municipality decides to hold a 295
348+public information meeting, the applicant shall be responsible for 296
349+sending notice of such meeting to each person appearing of record as an 297
350+owner of property which abuts the proposed or alternate facility 298
351+locations and for publishing notice of such meeting in a newspaper of 299
352+general circulation in the municipality at least fifteen days before the 300
353+date of the public information meeting. Such applicant shall pay all 301
354+administrative expenses associated with such public information 302
355+meeting. 303
356+(3) The municipality shall present the applicant with proposed 304
357+alternative sites, which may include municipal parcels, for its 305
358+consideration not later than thirty days after the initial consultation 306
359+meeting. The applicant shall evaluate these alternate sites presented as 307
360+part of the municipal consultation process and include the results of its 308
361+evaluations in its application to the council. The applicant may present 309
362+any such alternatives to the council in its application for formal 310
363+consideration. 311
364+Sec. 4. Subsection (c) of section 16-50p of the general statutes is 312
365+repealed and the following is substituted in lieu thereof (Effective July 1, 313
366+2024): 314
367+(c) (1) The council shall not grant a certificate for a facility described 315
368+in subdivision (3) of subsection (a) of section 16-50i, either as proposed 316
369+or as modified by the council, unless it finds and determines a public 317
370+benefit for the facility and considers neighborhood concerns with 318
371+respect to the factors set forth in subdivision (3) of subsection (a) of this 319
372+section, including public safety. 320
373+(2) The council shall not grant a certificate for a facility described in 321
374+subdivision (1) of subsection (a) of section 16-50i, that is substantially 322
375+underground or underwater except where such facility interconnects 323 Substitute Bill No. 5507
483376
484-subdivision that will either be physically connected to the facility
485-included in the initial application or located within five miles of such
486-facility shall indicate any such intention that is foreseeable in the initial
487-application, and provide any information regarding such additional
488-facilities required by the council.
489-Sec. 4. Section 16-50n of the general statutes is repealed and the
490-following is substituted in lieu thereof (Effective October 1, 2024):
491-(a) The parties to a certification or amendment proceeding or to a
492-declaratory ruling proceeding shall include: (1) The applicant, certificate
493-holder, or petitioner; (2) each person entitled to receive a copy of the
494-application or resolution under section 16-50l, as amended by this act, if
495-such person has filed with the council a notice of intent to be a party; (3)
496-any domestic or qualified nonprofit corporation or association formed
497-in whole or in part to promote conservation or natural beauty, to protect
498-the environment, personal health or biological values, to preserve
499-historical sites, to promote consumer interests, to represent commercial
500-and industrial groups or to promote the orderly development of the
501-areas in which the facility is to be located, if it has filed with the council
502-a notice of intent to be a party; and (4) such other persons as the council
503-may at any time deem appropriate.
504-(b) The council may permit any person to participate as an intervenor,
505-in accordance with the provisions of section 4-177a, in a certification or
506-amendment proceeding or a declaratory ruling proceeding.
507-Notwithstanding the provisions of section 4-177a, for any proceeding
508-pursuant to section 16-50k concerning a facility described in subdivision
509-(1) of subsection (a) of section 16-50i, the council shall grant any person
510-status as an intervenor in such proceeding if such person: (1) Submits a
511-written petition to the council; and (2) is the owner of any property that
512-abuts the proposed facility, or that abuts a right-of-way in which the
513-proposed facility is to be located. Substitute House Bill No. 5507
514377
515-Public Act No. 24-144 16 of 35
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516379
517-(c) The council in its discretion may provide for the grouping of
518-parties and intervenors with the same interests. If such a group does not
519-designate an agent for the service of notice and documents, the council
520-shall designate such an agent, and notice and documents need be served
521-only on the designated agent. Notwithstanding the provisions of this
522-subsection, any party or intervenor who has been included in a group
523-may, at any time by oral or written notice to the council, elect not to be
524-a member of the group to the extent specified in such notice.
525-(d) The Attorney General shall appoint an assistant attorney general
526-or a special assistant attorney general to act as counsel for the
527-Connecticut Siting Council.
528-(e) Upon receipt of the application, the council may employ one or
529-more independent consultants to study and measure the consequences
530-of the proposed facility on the environment. The council shall direct
531-such consultant or consultants to study any matter that the council
532-deems important to an adequate appraisal of the application. Any such
533-study and any report issued as a result thereof shall be part of the record
534-of the proceeding.
535-(f) Any person may make a limited appearance at a hearing held
536-pursuant to the provisions of section 16-50m, prior thereto or within
537-thirty days thereafter, entitling such person to file a statement in writing.
538-At the discretion of the council any person may make a limited
539-appearance at any such hearing to present an oral statement under oath.
540-All papers and matters filed by a person making a limited appearance
541-shall become part of the record. No person making a limited
542-appearance, and not otherwise entitled to be a party, shall be a party or
543-shall have the right to cross-examine witnesses, parties or intervenors.
544-Sec. 5. Section 16-50p of the general statutes is repealed and the
545-following is substituted in lieu thereof (Effective October 1, 2024): Substitute House Bill No. 5507
380+with existing overhead facilities, either as proposed or as modified by 324
381+the council, unless it finds and determines a public benefit for a facility 325
382+substantially underground or a public need for a facility substantially 326
383+underwater. 327
384+(3) For purposes of this section, a public benefit exists when a facility 328
385+is necessary for the reliability of the electric power supply of the state or 329
386+for the development of a competitive market for electricity and a public 330
387+need exists when a facility is necessary for the reliability of the electric 331
388+power supply of the state. 332
389+(4) Any application for an electric transmission line with a capacity of 333
390+three hundred forty-five kilovolts or more that is filed on or after May 334
391+1, 2003, and proposes the underground burial of such line in all 335
392+residential areas and overhead installation of such line in industrial and 336
393+open space areas shall have a rebuttable presumption of meeting a 337
394+public benefit for such facility if the facility is substantially underground 338
395+and meeting a public need for such facility if the facility is substantially 339
396+above ground. Such presumption may be overcome by evidence 340
397+submitted by a party or intervenor to the satisfaction of the council. 341
398+(5) The council shall not grant a certificate for a facility described in 342
399+subdivision (1) of subsection (a) of section 16-50i, either as proposed or 343
400+as modified by the council, unless the council finds and determines a 344
401+public need for the facility and considers neighborhood concerns with 345
402+respect to the factors set forth in subdivision (3) of subsection (a) of this 346
403+section, including public safety and the contribution that the proposed 347
404+facility is anticipated to have on the municipality's tax base. 348
405+Sec. 5. Section 16-50q of the general statutes is repealed and the 349
406+following is substituted in lieu thereof (Effective July 1, 2024): 350
407+Any party or intervenor may obtain judicial review of an order issued 351
408+on an application for a certificate or an amendment of a certificate in 352
409+accordance with the provisions of section 4-183. Any judicial review 353
410+sought pursuant to this chapter shall be privileged in respect to 354
411+assignment for trial in the Superior Court. If a municipality seeks 355 Substitute Bill No. 5507
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549-(a) (1) In a certification proceeding, the council shall render a decision
550-upon the record either granting or denying the application as filed, or
551-granting it upon such terms, conditions, limitations or modifications of
552-the construction or operation of the facility as the council may deem
553-appropriate.
554-(2) The council's decision shall be rendered in accordance with the
555-following:
556-(A) Not later than twelve months after the filing of an application for
557-a facility described in subdivision (1) or (2) of subsection (a) of section
558-16-50i or subdivision (4) of said subsection (a) if the application was
559-incorporated in an application concerning a facility described in
560-subdivision (1) of said subsection (a); and
561-(B) Not later than one hundred eighty days after the filing of an
562-application for a facility described in subdivisions (3) to (6), inclusive, of
563-subsection (a) of section 16-50i, provided the council may extend such
564-period by not more than one hundred eighty days with the consent of
565-the applicant.
566-(3) The council shall file, with its order, an opinion stating in full its
567-reasons for the decision. The council shall not grant a certificate, either
568-as proposed or as modified by the council, unless it shall find and
569-determine:
570-(A) Except as provided in subsection (b) or (c) of this section, a public
571-need for the facility and the basis of the need;
572-(B) The nature of the probable environmental impact of the facility
573-alone and cumulatively with other existing facilities, including a
574-specification of every significant adverse effect, including, but not
575-limited to, (i) electromagnetic fields that, whether alone or cumulatively
576-with other effects, impact on, and conflict with the policies of the state
577-concerning the natural environment, (ii) ecological balance, (iii) public Substitute House Bill No. 5507
414+LCO 12 of 13
578415
579-Public Act No. 24-144 18 of 35
416+judicial review under this section, and such municipality is a prevailing 356
417+party in the action, the court may award the municipality reasonable 357
418+attorneys' fees and costs. 358
419+Sec. 6. Subsection (g) of section 16-50j of the general statutes is 359
420+repealed and the following is substituted in lieu thereof (Effective July 1, 360
421+2024): 361
422+(g) Prior to commencing any hearing pursuant to section 16-50m, the 362
423+council shall consult with and solicit written comments from (1) [the 363
424+Department of Energy and Environmental Protection, the Department 364
425+of Public Health, the Council on Environmental Quality, the 365
426+Department of Agriculture, the Public Utilities Regulatory Authority, 366
427+the Office of Policy and Management, the Department of Economic and 367
428+Community Development and the Department of Transportation] the 368
429+Departments of Energy and Environmental Protection, Public Health, 369
430+Agriculture, Economic and Community Development and 370
431+Transportation, and the Council on Environmental Quality, the Public 371
432+Utilities Regulatory Authority, the Office of Policy and Management 372
433+and the Office of Consumer Counsel, and (2) in a hearing pursuant to 373
434+section 16-50m, for a facility described in subdivision (3) of subsection 374
435+(a) of section 16-50i, the Department of Emergency Services and Public 375
436+Protection, the Department of Administrative Services, [and] the Labor 376
437+Department and the Office of Consumer Counsel. Copies of such 377
438+comments shall be made available to all parties prior to the 378
439+commencement of the hearing. Subsequent to the commencement of the 379
440+hearing, said departments and council may file additional written 380
441+comments with the council within such period of time as the council 381
442+designates. All such written comments shall be made part of the record 382
443+provided by section 16-50o. Said departments and council shall not 383
444+enter any contract or agreement with any party to the proceedings or 384
445+hearings described in this section or section 16-50p, as amended by this 385
446+act, that requires said departments or council to withhold or retract 386
447+comments, refrain from participating in or withdraw from said 387
448+proceedings or hearings. 388 Substitute Bill No. 5507
580449
581-health and safety, (iv) scenic, historic and recreational values, (v)
582-agriculture, (vi) forests and parks, (vii) air and water purity, and (viii)
583-fish, aquaculture and wildlife;
584-(C) Why the adverse effects or conflicts referred to in subparagraph
585-(B) of this subdivision are not sufficient reason to deny the application;
586-(D) (i) [In] From October 1, 2024, to September 30, 2025, inclusive, in
587-the case of an electric transmission line, [(i)] (I) what part, if any, of the
588-facility shall be located overhead, [(ii)] (II) that the facility conforms to a
589-long-range plan for expansion of the electric power grid of the electric
590-systems serving the state and interconnected utility systems and will
591-serve the interests of electric system economy and reliability, and [(iii)]
592-(III) that the overhead portions, if any, of the facility are cost effective
593-and the most appropriate alternative based on a life-cycle cost analysis
594-of the facility and underground alternatives to such facility, are
595-consistent with the purposes of this chapter, with such regulations or
596-standards as the council may adopt pursuant to section 16-50t,
597-including, but not limited to, the council's best management practices
598-for electric and magnetic fields for electric transmission lines and with
599-the Federal Power Commission "Guidelines for the Protection of
600-Natural Historic Scenic and Recreational Values in the Design and
601-Location of Rights-of-Way and Transmission Facilities" or any successor
602-guidelines and any other applicable federal guidelines and are to be
603-contained within an area that provides a buffer zone that protects the
604-public health and safety, as determined by the council. In establishing
605-such buffer zone, the council shall consider, among other things,
606-residential areas, private or public schools, licensed child care centers,
607-licensed youth camps or public playgrounds adjacent to the proposed
608-route of the overhead portions and the level of the voltage of the
609-overhead portions and any existing overhead transmission lines on the
610-proposed route. At a minimum, the existing right-of-way shall serve as
611-the buffer zone; Substitute House Bill No. 5507
612450
613-Public Act No. 24-144 19 of 35
451+LCO 13 of 13
614452
615-(ii) On and after October 1, 2025, in the case of an electric transmission
616-line, (I) what part, if any, of the facility shall be located overhead, (II)
617-that the facility conforms to a long-range plan for expansion of the
618-electric power grid of the electric systems serving the state and
619-interconnected utility systems and will serve the interests of electric
620-system economy and reliability, (III) the estimated initial and life-cycle
621-costs for the facility or modification, as applicable, and for any feasible
622-and practical project alternatives, (IV) the estimated regionalized and
623-localized costs for the facility or modification, as applicable, and for any
624-feasible and practical alternative, (V) for any estimated localized costs
625-for the facility or modification, as applicable, that such estimated
626-localized costs are reasonable compared to the benefits; and (VI) that the
627-overhead portions, if any, of the facility are cost effective and the most
628-appropriate alternative based on a life-cycle cost analysis of the facility
629-and underground alternatives to such facility, are consistent with the
630-purposes of this chapter, with such regulations or standards as the
631-council may adopt pursuant to section 16-50t, including, but not limited
632-to, the council's best management practices for electric and magnetic
633-fields for electric transmission lines and with the Federal Power
634-Commission "Guidelines for the Protection of Natural Historic Scenic
635-and Recreational Values in the Design and Location of Rights-of-Way
636-and Transmission Facilities" or any successor guidelines and any other
637-applicable federal guidelines and are to be contained within an area that
638-provides a buffer zone that protects the public health and safety, as
639-determined by the council. In establishing such buffer zone, the council
640-shall consider, among other things, residential areas, private or public
641-schools, licensed child care centers, licensed youth camps or public
642-playgrounds adjacent to the proposed route of the overhead portions
643-and the level of the voltage of the overhead portions and any existing
644-overhead transmission lines on the proposed route. At a minimum, the
645-existing right-of-way shall serve as the buffer zone;
646-(E) In the case of an electric or fuel transmission line, that the location Substitute House Bill No. 5507
453+Sec. 7. Section 16-50gg of the general statutes is repealed and the 389
454+following is substituted in lieu thereof (Effective July 1, 2024): 390
455+When notifying a municipality pursuant to section 16-50l, as 391
456+amended by this act, of an application for a telecommunications tower 392
457+or a proposed transmission line in [said] such municipality, the 393
458+Connecticut Siting Council shall request that the municipality provide 394
459+[to said council, within thirty days, any location preferences or criteria 395
460+for the siting of said telecommunications tower. The] the council with 396
461+any location preferences and criteria for the siting of such 397
462+telecommunications tower or proposed transmission line. The 398
463+municipality shall provide such location preferences or criteria to the 399
464+council not later than thirty days after the date of such request. In 400
465+addition, the council may consider regional location preferences from 401
466+neighboring municipalities. 402
467+This act shall take effect as follows and shall amend the following
468+sections:
647469
648-Public Act No. 24-144 20 of 35
470+Section 1 July 1, 2024 22a-20a(a)(2)
471+Sec. 2 July 1, 2024 16-50bb(b)
472+Sec. 3 July 1, 2024 16-50l
473+Sec. 4 July 1, 2024 16-50p(c)
474+Sec. 5 July 1, 2024 16-50q
475+Sec. 6 July 1, 2024 16-50j(g)
476+Sec. 7 July 1, 2024 16-50gg
649477
650-of the line will not pose an undue hazard to persons or property along
651-the area traversed by the line;
652-(F) In the case of a facility described in subdivision (6) of subsection
653-(a) of section 16-50i that is (i) proposed to be installed on land under
654-agricultural restriction, as provided in section 22-26cc, that the facility
655-will not result in a material decrease of acreage and productivity of the
656-arable land, (ii) proposed to be installed on land near a building
657-containing a school, as defined in section 10-154a, or a commercial child
658-care center, as described in subdivision (1) of subsection (a) of section
659-19a-77, that the facility will not be less than two hundred fifty feet from
660-such school or commercial child care center unless the location is
661-acceptable to the chief elected official of the municipality or the council
662-finds that the facility will not have a substantial adverse effect on the
663-aesthetics or scenic quality of the neighborhood in which such school or
664-commercial child care center is located, or (iii) proposed to be installed
665-on land owned by a water company, as defined in section 25-32a, and
666-which involves a new ground-mounted telecommunications tower, that
667-such land owned by a water company is preferred over any alternative
668-telecommunications tower sites provided the council shall, pursuant to
669-clause (iii) of this subparagraph, consult with the Department of Public
670-Health to determine potential impacts to public drinking water supplies
671-in considering all the environmental impacts identified pursuant to
672-subparagraph (B) of this subdivision. The council shall not render any
673-decision pursuant to this subparagraph that is inconsistent with federal
674-law or regulations; and
675-(G) That, for a facility described in subdivision (5) or (6) of subsection
676-(a) of section 16-50i, the council has considered the manufacturer's
677-recommended safety standards for any equipment, machinery or
678-technology for the facility.
679-(H) For a facility described in subdivision (3) of section 16-50i that is
680-a solar photovoltaic facility, that the council has evaluated potential Substitute House Bill No. 5507
478+Statement of Legislative Commissioners:
479+In Section 3(e), in the second and third sentences, "legislative body of
480+the municipality" was changed to "legislative body of the municipality
481+in which the facility may be located" for clarity; and in Section 3(e), in
482+the fourth sentence, "legislative body of the municipality" was changed
483+to "legislative body of the municipality in which the proposed
484+transmission line may be located" for clarity.
681485
682-Public Act No. 24-144 21 of 35
683-
684-noise levels of the proposed facility in conformance with scientifically
685-accepted methods for noise assessment.
686-(b) (1) Prior to granting an applicant's certificate for a facility
687-described in subdivision (5) or (6) of subsection (a) of section 16-50i, the
688-council shall examine, in addition to its consideration of subdivisions (1)
689-to (3), inclusive, of subsection (a) of this section: (A) The feasibility of
690-requiring an applicant to share an existing facility, as defined in
691-subsection (b) of section 16-50aa, within a technically derived search
692-area of the site of the proposed facility, provided such shared use is
693-technically, legally, environmentally and economically feasible and
694-meets public safety concerns, (B) whether such facility, if constructed,
695-may be shared with any public or private entity that provides
696-telecommunications or community antenna television service to the
697-public, provided such shared use is technically, legally, environmentally
698-and economically feasible at fair market rates, meets public safety
699-concerns, and the parties' interests have been considered, (C) whether
700-the proposed facility would be located in an area of the state which the
701-council, in consultation with the Department of Energy and
702-Environmental Protection and any affected municipalities, finds to be a
703-relatively undisturbed area that possesses scenic quality of local,
704-regional or state-wide significance, and (D) the latest facility design
705-options intended to minimize aesthetic and environmental impacts. The
706-council may deny an application for a certificate if it determines that (i)
707-shared use under the provisions of subparagraph (A) of this subdivision
708-is feasible, (ii) the applicant would not cooperate relative to the future
709-shared use of the proposed facility, (iii) the proposed facility would
710-substantially affect the scenic quality of its location or surrounding
711-neighborhood and no public safety concerns require that the proposed
712-facility be constructed in such a location, or (iv) no public safety
713-concerns require that a proposed facility owned or operated by the state
714-be constructed in that location. In evaluating the public need for a
715-cellular facility described in subdivision (6) of subsection (a) of section Substitute House Bill No. 5507
716-
717-Public Act No. 24-144 22 of 35
718-
719-16-50i, there shall be a presumption of public need for personal wireless
720-services and the council shall be limited to consideration of a specific
721-need for any proposed facility to be used to provide such services to the
722-public.
723-(2) When issuing a certificate for a facility described in subdivision
724-(5) or (6) of subsection (a) of section 16-50i, the council may impose such
725-reasonable conditions as it deems necessary to promote immediate and
726-future shared use of such facilities and avoid the unnecessary
727-proliferation of such facilities in the state. The council shall, prior to
728-issuing a certificate, provide notice of the proposed facility to the
729-municipality in which the facility is to be located. Upon motion of the
730-council, written request by a public or private entity that provides
731-telecommunications or community antenna television service to the
732-public or upon written request by an interested party, the council may
733-conduct a preliminary investigation to determine whether the holder of
734-a certificate for such a facility is in compliance with the certificate.
735-Following its investigation, the council may initiate a certificate review
736-proceeding, which shall include a hearing, to determine whether the
737-holder of a certificate for such a facility is in compliance with the
738-certificate. In such proceeding, the council shall render a decision and
739-may issue orders it deems necessary to compel compliance with the
740-certificate, which may include, but not be limited to, revocation of the
741-certificate. Such orders may be enforced in accordance with the
742-provisions of section 16-50u, as amended by this act.
743-(c) (1) The council shall not grant a certificate for a facility described
744-in subdivision (3) of subsection (a) of section 16-50i, either as proposed
745-or as modified by the council, unless it finds and determines a public
746-benefit for the facility and considers neighborhood concerns with
747-respect to the factors set forth in subdivision (3) of subsection (a) of this
748-section, including public safety.
749-(2) (A) On and after October 1, 2025, the council shall not grant a Substitute House Bill No. 5507
750-
751-Public Act No. 24-144 23 of 35
752-
753-certificate for a facility described in subdivision (1) of subsection (a) of
754-section 16-50i, either as proposed or as modified by the council, unless
755-the council finds and determines a public need for the facility and
756-considers neighborhood concerns with respect to the factors set forth in
757-subdivision (3) of subsection (a) of this section, including public safety
758-and the impact that the proposed facility is anticipated to have on the
759-tax base of any municipality where any part of such facility is proposed
760-to be located.
761-(B) The certificate holder shall include in any development and
762-management plan submitted to the council on and after October 1, 2025,
763-for a facility described in subdivision (1) of subsection (a) of section 16-
764-50i, or any modification of such a facility: (i) The estimated cost for the
765-facility or modification, as applicable, based on the design in the
766-development and management plan and current cost information, and
767-(ii) the estimated regionalized and localized costs using such estimated
768-cost. If either (I) such estimate of costs based on the design in the
769-development and management plan and current cost information, or (II)
770-such estimate of localized costs is greater than one hundred ten per cent
771-of the estimated initial, life-cycle or localized costs for the facility or
772-modification, as applicable, determined by the council pursuant to
773-subparagraph (D)(ii) of subdivision (3) of subsection (a) of this section,
774-the certificate holder shall include in the development and management
775-plan a detailed analysis of the difference in cost estimates and shall
776-provide any additional information requested by any member of the
777-council or by any intervenors to the proceeding.
778-[(2)] (C) The council shall not grant a certificate for a facility described
779-in subdivision (1) of subsection (a) of section 16-50i, that is substantially
780-underground or underwater except where such facility interconnects
781-with existing overhead facilities, either as proposed or as modified by
782-the council, unless it finds and determines a public benefit for a facility
783-substantially underground or a public need for a facility substantially Substitute House Bill No. 5507
784-
785-Public Act No. 24-144 24 of 35
786-
787-underwater.
788-(3) For purposes of this section, a public benefit exists when a facility
789-is necessary for the reliability of the electric power supply of the state or
790-for the development of a competitive market for electricity and a public
791-need exists when a facility is necessary for the reliability of the electric
792-power supply of the state.
793-(4) Any application for an electric transmission line with a capacity of
794-three hundred forty-five kilovolts or more that is filed on or after May
795-1, 2003, and proposes the underground burial of such line in all
796-residential areas and overhead installation of such line in industrial and
797-open space areas shall have a rebuttable presumption of meeting a
798-public benefit for such facility if the facility is substantially underground
799-and meeting a public need for such facility if the facility is substantially
800-above ground. Such presumption may be overcome by evidence
801-submitted by a party or intervenor to the satisfaction of the council.
802-(5) The council shall not grant a certificate for a facility described in
803-subdivision (3) of subsection (a) of section 16-50i that is a solar
804-photovoltaic facility if it finds that (A) such facility will not comply with
805-any noise requirements established pursuant to chapter 442, or (B) the
806-distance between any inverters or transformers of such facility and the
807-property line is less than two hundred feet.
808-(6) The council shall not grant a certificate, either as proposed or as
809-modified by the council, unless it (A) provides summaries and written
810-responses to any comments that the Departments of Administrative
811-Services, Agriculture, Economic and Community Development, Energy
812-and Environmental Protection, Emergency Services and Public
813-Protection, Public Health and Transportation, the Labor Department,
814-the Council on Environmental Quality, the Public Utilities Regulatory
815-Authority, the Office of Policy and Management or the Office of
816-Consumer Counsel submits pursuant to subsection (i) of section 16-50j, Substitute House Bill No. 5507
817-
818-Public Act No. 24-144 25 of 35
819-
820-as amended by this act, and (B) provides written responses to the
821-positions of each intervenor that participated in the certification
822-proceeding concerning such certificate. The council shall specifically
823-address any environmental justice concerns raised in the comments of
824-said departments, Council on Environmental Quality, authority and
825-offices, or in the positions of any such intervenor, in such written
826-responses.
827-(d) If the council determines that the location of all or a part of the
828-proposed facility should be modified, it may condition the certificate
829-upon such modification, provided the municipalities affected by the
830-modification and the residents of such municipalities shall have had
831-notice of the application pursuant to subsection (b) of section 16-50l, as
832-amended by this act.
833-(e) In an amendment proceeding, the council shall render a decision
834-not later than ninety days after the filing of the application or adoption
835-of the resolution initiating the proceeding. The council shall file an
836-opinion with its order stating its reasons for the decision. The council's
837-decision shall include the findings and determinations enumerated in
838-subsection (a) of this section which are relevant to the proposed
839-amendment.
840-(f) The council shall serve a copy of the order and opinion issued
841-therewith upon each party and publish a notice of the issuance of the
842-order and opinion in such newspapers as will serve substantially to
843-inform the public of the issuance of such order and opinion. The name
844-and address of each party shall be set forth in the order.
845-(g) In deciding whether to issue a certificate, the council shall in no
846-way be limited by the applicant already having acquired land or an
847-interest therein for the purpose of constructing the facility that is the
848-subject of its application. Substitute House Bill No. 5507
849-
850-Public Act No. 24-144 26 of 35
851-
852-(h) For purposes of this section, a public need exists for an energy
853-facility if such facility is necessary for the reliability of the electric power
854-supply of the state.
855-(i) For a facility described in subdivision (1) of subsection (a) of
856-section 16-50i, with a capacity of not less than three hundred forty-five
857-kilovolts, the presumption shall be that a proposal to place the overhead
858-portions, if any, of such facility adjacent to residential areas, private or
859-public schools, licensed child care centers, licensed youth camps or
860-public playgrounds is inconsistent with the purposes of this chapter. An
861-applicant may rebut this presumption by demonstrating to the council
862-that burying the facility will be technologically infeasible. In
863-determining such infeasibility, the council shall consider the effect of
864-burying the facility on the reliability of the electric transmission system
865-of the state and whether the cost of any contemplated technology or
866-design configuration may result in an unreasonable economic burden
867-on the ratepayers of the state.
868-(j) Upon a motion of a party or intervenor or a council determination
869-that any party or intervenor relating to a facility described in
870-subdivision (5) or (6) of subsection (a) of section 16-50i has intentionally
871-omitted or misrepresented a material fact in the course of a council
872-proceeding, the council may, by majority vote, request the Attorney
873-General to bring a civil action against such party or intervenor. In any
874-such action, the Attorney General may seek any legal or equitable relief
875-the Superior Court deems appropriate, including, but not limited to,
876-injunctive relief or a civil penalty of not more than ten thousand dollars
877-and reasonable attorney fees and related costs.
878-Sec. 6. Section 16-50q of the general statutes is repealed and the
879-following is substituted in lieu thereof (Effective October 1, 2024):
880-(a) Any party may obtain judicial review of an order issued on an
881-application for a certificate or an amendment of a certificate in Substitute House Bill No. 5507
882-
883-Public Act No. 24-144 27 of 35
884-
885-accordance with the provisions of section 4-183. Any judicial review
886-sought pursuant to this chapter shall be privileged in respect to
887-assignment for trial in the Superior Court.
888-(b) On and after October 1, 2025, if a municipality seeks judicial
889-review under this section, and such municipality is a prevailing party in
890-the action, the court may award the municipality reasonable attorneys'
891-fees and costs. No public service company may recover any such
892-attorneys' fees or costs awarded by a court through rates if the court
893-finds that the public service company acted imprudently in the
894-application process or petition and such imprudence was the primary
895-cause of the municipality prevailing in such action.
896-Sec. 7. Section 16-50s of the general statutes is repealed and the
897-following is substituted in lieu thereof (Effective October 1, 2024):
898-(a) [The] From October 1, 2024, to September 30, 2025, inclusive,
899-council may give appropriate consideration in all proceedings to (1) the
900-amounts expended by a utility for research on generation and
901-transmission of the form of energy furnished by it and the
902-environmental effect thereof, (2) the amounts expended by such utility
903-for promotion, including advertising, of the use of the form of energy
904-furnished by it, and (3) the relationship between such expenditures.
905-(b) On and after October 1, 2025, the council shall give appropriate
906-consideration in all proceedings to (1) the amounts expended by a utility
907-for research on generation and transmission of the form of energy
908-furnished by it and the environmental effect of such form of energy, (2)
909-the amounts expended by such utility for promotion, including
910-advertising, of the use of the form of energy furnished by it, and (3) the
911-relationship between such expenditures.
912-Sec. 8. Section 16-50u of the general statutes is repealed and the
913-following is substituted in lieu thereof (Effective October 1, 2024): Substitute House Bill No. 5507
914-
915-Public Act No. 24-144 28 of 35
916-
917-[The council shall take reasonable steps to insure that each facility for
918-which a certificate has been issued is constructed, maintained and
919-operated in compliance with such certificate and any other standards
920-established pursuant to this chapter. Whenever the council deems it
921-necessary to verify such compliance and whenever the meeting of any
922-such other standards involves expenses, the person to whom such
923-certificate has been issued shall be charged with and pay such expenses.
924-The courts are authorized to grant such restraining orders, and such
925-temporary and permanent injunctive relief, as may be necessary to
926-secure compliance with this chapter and with a certificate issued
927-pursuant to this chapter. The courts] (a) Each holder of a certificate
928-issued by the council shall comply with such certificate, any condition
929-of such certificate and any other requirements of this chapter. The
930-council shall enforce the provisions of this chapter and compliance with
931-any condition or requirement of a certificate issued by the council.
932-(b) If the council finds that any person has failed to secure a certificate
933-pursuant to this chapter or has failed to comply with any certificate,
934-condition of such certificate or any other requirements of this chapter,
935-the council shall fine such person, order such person to pay restitution
936-or order such person to pay a combination of a fine and restitution. The
937-council may assess civil penalties in an amount not less than one
938-thousand dollars per day for each day of construction or operation in
939-material violation of this chapter, or in material violation of any
940-certificate issued pursuant to this chapter. Civil proceedings to enforce
941-this chapter may be brought by the Attorney General in the superior
942-court for any judicial district affected by the violation. The remedies and
943-penalties in this section shall be cumulative and shall be in addition to
944-any other penalties and remedies available at law, or in equity, to any
945-person.
946-(c) If the council has reason to believe that a violation has occurred
947-for which a civil penalty is authorized pursuant to subsection (b) of this Substitute House Bill No. 5507
948-
949-Public Act No. 24-144 29 of 35
950-
951-section, the council shall notify the alleged violator by certified mail,
952-return receipt requested, or by personal service. The notice shall include:
953-(1) A reference to any applicable section of this title, council
954-regulation or certificate, or to any condition or requirement of such
955-certificate;
956-(2) A short and plain statement of the matter asserted or charged;
957-(3) A statement of the prescribed civil penalty for the violation; and
958-(4) A statement of the person's right to a hearing.
959-(d) The person to whom the notice is addressed shall have twenty
960-days from the date of receipt of the notice in which to deliver to the
961-council a written application for a hearing. If a hearing is requested,
962-then, after a hearing and upon a finding that a violation has occurred,
963-the council may issue a final order assessing a civil penalty under this
964-section which shall not be greater than the maximum penalty permitted
965-by subsection (b) of this section. If a hearing is not requested, or if such
966-a request is later withdrawn, then the notice shall, on the first day after
967-the expiration of the twenty-day period or on the first day after the
968-withdrawal of the request for hearing, whichever is later, become a final
969-order of the council and the matters asserted or charged in the notice
970-shall be deemed admitted, unless the notice is modified by a consent
971-order before it becomes a final order. A consent order shall be deemed
972-a final order.
973-(e) All hearings under this section shall be conducted in accordance
974-with sections 4-176e to 4-184, inclusive. Any final order of the council
975-assessing a civil penalty shall be subject to appeal under section 4-183.
976-No challenge to any final order of the council that assesses a civil penalty
977-shall be allowed as to any issue that could have been raised by an appeal
978-of an earlier order of the council. Any civil penalty authorized by this
979-section shall become due and payable (1) at the time of receipt of a final Substitute House Bill No. 5507
980-
981-Public Act No. 24-144 30 of 35
982-
983-order, in the case of a civil penalty assessed in such order after a hearing,
984-(2) on the first day after the expiration of the period in which a hearing
985-may be requested, if no hearing is requested, or (3) on the first day after
986-the withdrawal of a request for hearing.
987-(f) Any civil penalty assessed in a final order of the council under this
988-section may be enforced in the same manner as a judgment of the
989-Superior Court. The council shall deliver the final order to the person
990-found to be in violation by personal service or by certified mail, return
991-receipt requested. After entry of such final order, the council may file a
992-transcript without the payment of costs, in the office of the clerk of the
993-superior court in the judicial district in which such person resides, has a
994-place of business, owns real property, or where any real property that is
995-the subject of the proceedings is located or, if such person is not a
996-resident of the state, in the judicial district of Hartford. Upon such filing,
997-the clerk shall docket the order in the same manner and with the same
998-effect as a judgment entered in the superior court within the judicial
999-district. Upon the docketing, the order may be enforced as a judgment
1000-of the court.
1001-(g) Such court may grant such restraining orders, and such temporary
1002-and permanent injunctive relief, as may be necessary to secure
1003-compliance with this chapter and with a certificate issued pursuant to
1004-this chapter, including, but not limited to, requiring modifications to the
1005-layout of a facility or the installation of noise-dampening materials or
1006-equipment to comply with noise level restrictions required pursuant to
1007-such a certificate.
1008-Sec. 9. Subsection (c) of section 16-50z of the general statutes is
1009-repealed and the following is substituted in lieu thereof (Effective October
1010-1, 2024):
1011-(c) When a public service company intends to acquire residential real
1012-property by condemnation, [and the owner of such property disputes Substitute House Bill No. 5507
1013-
1014-Public Act No. 24-144 31 of 35
1015-
1016-the company's need to acquire such property, the owner may bring the
1017-issue of the purpose for which the property is being acquired to the
1018-Siting Council not later than thirty days following the owner being
1019-informed of the company's intention] the company shall notify the
1020-owner of the property not less than sixty days prior to the intended date
1021-of condemnation, by certified mail, with the envelope marked in not less
1022-than twelve-point size bold type, as follows: "NOTICE REGARDING
1023-POTENTIAL CONDEMNATION OF YOUR PROPERTY" . The
1024-company shall include in its [notification] notifications under this
1025-section to the owner of its intention to acquire such property by
1026-condemnation, a statement that the owner may bring the issue of the
1027-purpose for which the property is being acquired to the Connecticut
1028-Siting Council. [The company shall send such notification to the owner
1029-by certified mail.] If the owner of such property disputes the company's
1030-need to acquire such property, the owner may bring the issue of the
1031-purpose for which the property is being acquired to the Connecticut
1032-Siting Council not later than thirty days after the date on which the
1033-owner receives notice of the potential condemnation of property
1034-pursuant to this section. Upon written request by the owner, the council
1035-shall initiate a proceeding to determine whether the proposed taking is
1036-necessary and consistent with the provisions of section 16a-35k. The
1037-council shall (1) provide the owner of the property and the public
1038-service company with notice of the proceeding, (2) hold a hearing in
1039-accordance with the provisions of chapter 54 as part of such a
1040-proceeding, and (3) render a decision upon the record not later than
1041-ninety days following the council's receipt of the written request for
1042-such a proceeding, provided the parties may agree to a longer period,
1043-which decision shall state whether the proposed taking is necessary and
1044-consistent with the provisions of section 16a-35k and include
1045-appropriate findings. The public service company shall pay the
1046-expenses incurred by the council in conducting a proceeding pursuant
1047-to this subsection. If a public service company and the owner of real
1048-property agree that the proposed taking is necessary and consistent with Substitute House Bill No. 5507
1049-
1050-Public Act No. 24-144 32 of 35
1051-
1052-the provisions of section 16a-35k but cannot agree on fair compensation
1053-for the property, or if the public service company or owner disagrees
1054-with the decision of the council regarding whether the proposed taking
1055-is necessary and consistent with the provisions of section 16a-35k, the
1056-public service company or the owner may petition the Superior Court
1057-to determine the issue in question. Such a petition shall be submitted to
1058-the superior court for the judicial district in which the property is
1059-located.
1060-Sec. 10. Subsection (b) of section 16-50bb of the general statutes is
1061-repealed and the following is substituted in lieu thereof (Effective October
1062-1, 2024):
1063-(b) Payments from the account shall be made upon authorization by
1064-the State Treasurer. An application for reimbursement shall be
1065-submitted not later than sixty days after the conclusion of a certification
1066-proceeding, except for a facility described in subdivisions (5) and (6) of
1067-subsection (a) of section 16-50i, by each municipality entitled to receive
1068-a copy of an application under section 16-50l, as amended by this act, in
1069-order to defray expenses incurred by such municipalities in
1070-participating as a party to a certification proceeding, except for a
1071-proceeding on an application for a facility described in subdivision (5)
1072-or (6) of subsection (a) of section 16-50i. Any moneys remaining after
1073-payments to municipalities in accordance with this section shall be
1074-refunded to the applicant in even amounts. Where more than one
1075-municipality seeks moneys from such account, the council shall evenly
1076-distribute such moneys among the municipalities. No municipality may
1077-receive moneys from the account in excess of [twenty-five] forty
1078-thousand dollars. No municipality may receive moneys from the
1079-account in excess of the dollar amount such municipality has expended
1080-from its own municipal funds.
1081-Sec. 11. Section 16-50gg of the general statutes is repealed and the
1082-following is substituted in lieu thereof (Effective October 1, 2024): Substitute House Bill No. 5507
1083-
1084-Public Act No. 24-144 33 of 35
1085-
1086-When notifying a municipality pursuant to section 16-50l, as
1087-amended by this act, of an application for a telecommunications tower
1088-or a proposed transmission line in [said] such municipality, the
1089-Connecticut Siting Council shall request that the municipality provide
1090-[to said council, within thirty days, any location preferences or criteria
1091-for the siting of said telecommunications tower. The] the council with
1092-any location preferences or criteria relating to the siting of such
1093-telecommunications tower or proposed transmission line. The
1094-municipality shall provide such location preferences or criteria to the
1095-council not later than thirty days after the date of such request. In
1096-addition, the council may consider regional location preferences from
1097-neighboring municipalities.
1098-Sec. 12. (NEW) (Effective from passage) (a) The Department of Energy
1099-and Environmental Protection, in consultation with the Connecticut
1100-Siting Council, the Departments of Agriculture, Economic and
1101-Community Development, Housing, Public Health and Transportation,
1102-the Office of Policy and Management, the Council on Environmental
1103-Quality, the Public Utilities Regulatory Authority and the Office of
1104-Consumer Counsel, shall prepare a report, as described in subsection (c)
1105-of this section, concerning the Connecticut Siting Council. Not later than
1106-December 31, 2024, the department shall submit such report, in
1107-accordance with the provisions of section 11-4a of the general statutes,
1108-to the joint standing committees of the General Assembly having
1109-cognizance of matters relating to the judiciary, government
1110-administration and elections, energy and the environment.
1111-(b) The Department of Energy and Environmental Protection may,
1112-within existing resources, hire a consultant to assist in the preparation
1113-of such report. Such consultant shall not own or operate any facility, as
1114-defined in section 16-50i of the general statutes, as amended by this act.
1115-(c) The report prepared pursuant to subsections (a) and (b) of this
1116-section shall examine the Connecticut Siting Council, with a focus on the Substitute House Bill No. 5507
1117-
1118-Public Act No. 24-144 34 of 35
1119-
1120-council's ability to balance the need for the facilities that the council
1121-oversees and the need for timely and thorough administration of the
1122-council's duties with the need to protect the environment, public health
1123-and safety. Such study shall include evaluations of and
1124-recommendations concerning: (1) The scope of the council's jurisdiction,
1125-the composition of the council's membership and the council's powers,
1126-duties, role and responsibilities, as compared to those of other state
1127-agencies; (2) the effectiveness of the council's structure, with
1128-consideration of other structures based on best practices in other states,
1129-and any statutory or administrative changes that may be needed to
1130-implement such recommendations; (3) processes for issuing a certificate
1131-of environmental compatibility and public need or approving a petition
1132-for a declaratory ruling, as described in section 16-50k of the general
1133-statutes, including how to better integrate new technologies into such
1134-processes; (4) the council's oversight of completed projects; (5) criteria
1135-used by the council in evaluating applications; (6) the council's ability to
1136-adhere to statutory timeframes; (7) how the council evaluates any
1137-economic, conservation and development impacts of projects that the
1138-council approves, including the council's evaluation of (A) a project's
1139-consistency with transit-oriented development and other state and
1140-municipal economic development objectives, and (B) the degree to
1141-which a project forecloses the opportunity for economic development to
1142-occur; (8) the efficacy of the council's processes for developing evidence;
1143-(9) the efficacy of the council's processes for engaging in deliberations;
1144-(10) the council's relationship with municipalities and other
1145-governmental bodies; (11) policies, procedures and processes for
1146-inclusive public engagement in council decision-making, including to
1147-increase transparency and encourage public participation, especially in
1148-environmental justice communities, as defined in section 22a-20a of the
1149-general statutes; (12) equitable practices and processes in council
1150-decision-making for considering community compensation; (13) how
1151-the council addresses common public concerns related to siting, such as
1152-noise, visual and other community impacts; and (14) whether to provide Substitute House Bill No. 5507
1153-
1154-Public Act No. 24-144 35 of 35
1155-
1156-each member of the council with an electronic mail address so that each
1157-member may receive documents and other information directly.
1158-(d) Not later than November 30, 2024, the Department of Energy and
1159-Environmental Protection shall post a draft report on the department's
1160-Internet web site for members of the public to review in advance of
1161-providing any comment to the department. In addition, the department
1162-shall provide a mechanism for receiving public comment and shall, after
1163-posting such draft report but prior to submitting a final report pursuant
1164-to subsection (a) of this section, host at least one listening session in
1165-order to seek public comment and integrate such comments as the
1166-department deems appropriate into the final report.
486+JUD Joint Favorable Subst.
1167487