Substitute House Bill No. 5507
Public Act No. 24-144
AN ACT CONCERNING CERTAIN PROCEEDINGS RELATING TO
ELECTRIC TRANSMISSION LINES AND THE MEMBERSHIP AND
PROCESSES OF THE CONNECTICUT SITING COUNCIL.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (d) of section 16-50i of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(d) "Modification" means a significant change or alteration in the
general physical characteristics of a facility, including any change or
alteration that requires the exercise of any right of eminent domain or
that expands any existing easement;
Sec. 2. Section 16-50j of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) There is established [a "Connecticut Siting Council"] the
Connecticut Siting Council, hereinafter referred to in this title as the
"council", which shall be within the Department of Energy and
Environmental Protection for administrative purposes only.
(b) Except [for proceedings under chapter 445, this subsection and
subsection (c) of this section, the] as provided in subsection (c) of this Substitute House Bill No. 5507
Public Act No. 24-144 2 of 35
section, the council shall consist of: (1) The Commissioner of Energy and
Environmental Protection, or [his] the commissioner's designee; (2) the
chairperson of the Public Utilities Regulatory Authority, or the
chairperson's designee; (3) one designee of the speaker of the House and
one designee of the president pro tempore of the Senate; and (4) five
public members, [of the public,] to be appointed by the Governor, at
least two of whom shall be experienced in the field of ecology, [and not
more than one of whom shall have affiliation, past or present,] and all
five of whom shall, consistent with the provisions of section 4-9a, have
no substantial financial interest in, not be employed in or by, and not be
professionally affiliated with any (A) utility, [or governmental utility
regulatory agency, or with any person owning, operating, controlling,
or presently contracting with respect to a] (B) facility, [a] (C) hazardous
waste facility, as defined in section 22a-115, or [an] (D) ash residue
disposal area, and shall have had no professional affiliation with any
such utility, facility, hazardous waste facility or ash residue disposal
area for three years preceding such public member's appointment to the
council.
(c) For proceedings under chapter 445, [subsection (b) of this section
and this subsection,] the council shall consist of (1) the Commissioners
of Public Health and Emergency Services and Public Protection or their
designated representatives; (2) the designees of the speaker of the House
of Representatives and the president pro tempore of the Senate as
provided in subsection (b) of this section; (3) the five public members
[of the public] as provided in subsection (b) of this section; and (4) four
ad hoc members, appointed by the chief elected official of the
municipality each such member represents, three of whom shall be
electors from the municipality in which the proposed facility is to be
located and one of whom shall be an elector from a neighboring
municipality likely to be most affected by the proposed facility.
[The] (d) For the appointment of ad hoc members in accordance with Substitute House Bill No. 5507
Public Act No. 24-144 3 of 35
subsection (c) of this section, the municipality most affected by the
proposed facility shall be determined by the permanent members of the
council. If any one of the five public members [of the public] or of the
designees of the speaker of the House of Representatives or the
president pro tempore of the Senate resides [(A)] (1) in the municipality
in which a hazardous waste facility is proposed to be located for a
proceeding concerning a hazardous waste facility or in which a low-
level radioactive waste facility is proposed to be located for a proceeding
concerning a low-level radioactive waste facility, or [(B)] (2) in the
neighboring municipality likely to be most affected by the proposed
facility, the appointing authority shall appoint a substitute member for
the proceedings on such proposal. If any appointee is unable to perform
[his] such appointee's duties on the council due to illness, or has a
substantial financial or employment interest which is in conflict with the
proper discharge of [his] the appointee's duties under this chapter, the
appointing authority shall appoint a substitute member for proceedings
on such proposal. An appointee shall report any substantial financial or
employment interest which might conflict with the proper discharge of
[his] the appointee's duties under this chapter to the appointing
authority who shall determine if such conflict exists. If any state agency
is the applicant, an appointee shall not be deemed to have a substantial
employment conflict of interest because of employment with the state
unless such appointee is directly employed by the state agency making
the application. Ad hoc members [shall be appointed by the chief elected
official of the municipality they represent and] shall continue their
membership until the council issues a letter of completion of the
development and management plan to the applicant.
[(d)] (e) The [chairman] chairperson of the council shall be appointed
by the Governor from among the five public members appointed by
[him] the Governor, with the advice and consent of the House or Senate,
and shall serve as [chairman] chairperson at the pleasure of the
Governor. Substitute House Bill No. 5507
Public Act No. 24-144 4 of 35
[(e)] (f) The public members of the council, including the [chairman]
chairperson, the members appointed by the speaker of the House and
president pro tempore of the Senate and the four ad hoc members
specified in subsection (c) of this section, shall be compensated for their
attendance at public hearings, executive sessions, or other council
business as may require their attendance at the rate of two hundred
dollars, provided in no case shall the daily compensation exceed two
hundred dollars.
(g) The council shall employ such employees as may be necessary to
carry out the provisions of this chapter, and such employees shall, in the
aggregate, have sufficient expertise in engineering and financial
analysis to carry out the provisions of this chapter.
[(f)] (h) The council shall, in addition to its other duties prescribed in
this chapter, adopt, amend, or rescind suitable regulations to carry out
the provisions of this chapter and the policies and practices of the
council in connection therewith, and appoint and prescribe the duties of
such staff as may be necessary to carry out the provisions of this chapter.
The [chairman] chairperson of the council, with the consent of five or
more other members of the council, may appoint an executive director,
who shall be the chief administrative officer of the Connecticut Siting
Council. The executive director shall be exempt from classified service.
[(g)] (i) Prior to commencing any hearing pursuant to section 16-50m,
the council shall consult with and solicit written comments from (1) the
[Department of Energy and Environmental Protection, the Department
of Public Health, the Council on Environmental Quality, the
Department of Agriculture, the Public Utilities Regulatory Authority,
the Office of Policy and Management, the Department of Economic and
Community Development and the Department of Transportation ]
Departments of Energy and Environmental Protection, Public Health,
Agriculture, Economic and Community Development and
Transportation and the Council on Environmental Quality, the Public Substitute House Bill No. 5507
Public Act No. 24-144 5 of 35
Utilities Regulatory Authority, the Office of Policy and Management
and the Office of Consumer Counsel, and (2) in a hearing pursuant to
section 16-50m, for a facility described in subdivision (3) of subsection
(a) of section 16-50i, the Department of Emergency Services and Public
Protection, the Department of Administrative Services, [and] the Labor
Department and the Office of Consumer Counsel. Copies of such
comments shall be made available to all parties prior to the
commencement of the hearing. Subsequent to the commencement of the
hearing, said departments, [and council] Council on Environmental
Quality, authority and offices may file additional written comments
with the [council] Connecticut Siting Council within such period of time
as the [council] Connecticut Siting Council designates. All such written
comments shall be made part of the record, as provided [by] in section
16-50o. Said departments, [and council] Council on Environmental
Quality, authority and offices shall not enter any contract or agreement
with any party to the proceedings or hearings described in this section
or section 16-50p, as amended by this act, that requires said
departments, [or council] Council on Environmental Quality, authority
or offices to withhold or retract comments, refrain from participating in
or withdraw from said proceedings or hearings.
Sec. 3. Section 16-50l of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) To initiate a certification proceeding, an applicant for a certificate
shall file with the council an application, in such form as the council may
prescribe, accompanied by a filing fee of not more than twenty-five
thousand dollars, which fee shall be established in accordance with
section 16-50t, and a municipal participation fee of [twenty-five] forty
thousand dollars, or, if the proposed location of the facility is in more
than one municipality, eighty thousand dollars, to be deposited in the
account established pursuant to section 16-50bb, as amended by this act,
except that an application for a facility described in subdivision (5) or Substitute House Bill No. 5507
Public Act No. 24-144 6 of 35
(6) of subsection (a) of section 16-50i shall not pay such municipal
participation fee. An application shall contain such information as the
applicant may consider relevant, [and] such information that the council
or any department or agency of the state exercising environmental
controls may by regulation require, [including] and the following
information:
(1) In the case of facilities described in subdivisions (1), (2) and (4) of
subsection (a) of section 16-50i: (A) A description, including estimated
costs, of the proposed transmission line, substation or switchyard,
covering, where applicable underground cable sizes and specifications,
overhead tower design and appearance and heights, if any, conductor
sizes, and initial and ultimate voltages and capacities; (B) a statement
and full explanation of why the proposed transmission line, substation
or switchyard is necessary and how the facility conforms to a long-range
plan for expansion of the electric power grid serving the state and
interconnected utility systems, that will serve the public need for
adequate, reliable and economic service; (C) a map of suitable scale of
the proposed routing or site, showing details of the rights-of-way or site
in the vicinity of settled areas, parks, recreational areas and scenic areas,
residential areas, private or public schools, child care centers, as
described in section 19a-77, group child care homes, as described in
section 19a-77, family child care homes, as described in section 19a-77,
licensed youth camps, and public playgrounds and showing existing
transmission lines within one mile of the proposed route or site; (D) a
justification for adoption of the route or site selected, including
comparison with alternative routes or sites which are environmentally,
technically and economically practical; (E) a description of the effect of
the proposed transmission line, substation or switchyard on the
environment, ecology, and scenic, historic and recreational values; (F) a
justification for overhead portions, if any, including life-cycle cost
studies comparing overhead alternatives with underground
alternatives, and effects described in subparagraph (E) of this Substitute House Bill No. 5507
Public Act No. 24-144 7 of 35
subdivision of undergrounding; (G) a schedule of dates showing the
proposed program of right -of-way or property acquisition,
construction, completion and operation and, in the case of any facility
described in subdivision (1) of subsection (a) of section 16-50i, or any
modification of such a facility, (i) any appraisal completed by an
independent appraiser on behalf of the applicant concerning fair
compensation that is to be provided to an owner of real property in
connection with the necessity of entering a right-of-way, including any
easements or land acquisition, and (ii) for property that the applicant
does not own, lease or otherwise have access to, the applicant shall
exercise due diligence to seek permission to gain access to such
property. Evidence of due diligence shall be established by the
submission of: (I) Certified mail, return receipt requested, letters sent to
the owner or owners of record of such property requesting access to the
property; and (II) an affidavit from the applicant stating that the
applicant was not provided access to the property and, in the absence of
permission to access the property, the applicant made visual inspections
of the property to document existing conditions from public rights-of-
way, existing utility rights-of-way or other accessible properties within
or surrounding the proposed facility site; (H) an identification of each
federal, state, regional, district and municipal agency with which
proposed route or site reviews have been undertaken, including a copy
of each written agency position on such route or site; and (I) an
assessment of the impact of any electromagnetic fields to be produced
by the proposed transmission line; [and]
(2) In the case of facilities described in subdivision (3) of subsection
(a) of section 16-50i: (A) A description of the proposed electric
generating or storage facility; (B) a statement and full explanation of
why the proposed facility is necessary; (C) a statement of loads and
resources, as described in section 16-50r; (D) safety and reliability
information, including planned provisions for emergency operations
and shutdowns; (E) estimated cost information, including plant costs, Substitute House Bill No. 5507
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fuel costs, plant service life and capacity factor, and total generating cost
per kilowatt-hour, both at the plant and related transmission, and
comparative costs of alternatives considered; (F) a schedule showing the
program for design, material acquisition, construction and testing, and
operating dates; (G) available site information, including maps and
description and present and proposed development, and geological,
scenic, ecological, seismic, biological, water supply, population and load
center data; (H) justification for adoption of the site selected, including
comparison with alternative sites; (I) design information, including a
description of facilities, plant efficiencies, electrical connections to the
system, and control systems; (J) a description of provisions, including
devices and operations, for mitigation of the effect of the operation of
the facility on air and water quality, for waste disposal, and for noise
abatement, and information on other environmental aspects; and (K) a
listing of federal, state, regional, district and municipal agencies from
which approvals either have been obtained or will be sought covering
the proposed facility, copies of approvals received and the planned
schedule for obtaining those approvals not yet received; and
(3) In addition to the requirements of subdivisions (1) and (2) of this
subsection, in the case of any facility described in subdivision (1) of
subsection (a) of section 16-50i, or any modification of such a facility: (A)
A description of the estimated initial and life-cycle costs for the facility
or modification, as applicable, and for each feasible and practical
alternative; (B) an estimate of the regionalized and localized costs for the
facility or modification, as applicable, and for each feasible and practical
alternative, in accordance with the regional independent system
operator's procedure for pool-supported pool transmission facilities
cost review, or a successor procedure; (C) for any difference between the
estimated total costs and estimated localized costs, an analysis of the
benefits associated with such cost difference; (D) a detailed analysis of
any nontransmission alternatives to the proposed facility or proposed
modification, as applicable; and (E) (i) for the ten-year period preceding Substitute House Bill No. 5507
Public Act No. 24-144 9 of 35
the date of the application, the actual loads for existing transmission
lines in the area where the proposed transmission line is to be located,
(ii) for the ten-year period following the date of the application, the
projected load for any proposed transmission line, (iii) for the ten-year
period preceding the date of application, the performance of all electric
circuits for existing transmission lines in the area where the proposed
transmission line is to be located, including a description of all service
outages or disruptions, any cause for such outage or disruption and the
time required to restore service following such outages or disruptions,
and (iv) a statement of loads and resources, as described in subsection
(a) of section 16-50r, and all planning studies conducted by the regional
independent system operator or the applicant associated with the
proposed facility.
(b) Each application shall be accompanied by proof of service of a
copy of such application on: (1) Each municipality in which any portion
of such facility is to be located, both as primarily proposed and in the
alternative locations listed, and any adjoining municipality having a
boundary not more than two thousand five hundred feet from such
facility, which copy shall be served on the chief executive officer of each
such municipality and shall include notice of the date on or about which
the application is to be filed, and the zoning commissions, planning
commissions, planning and zoning commissions, conservation
commissions and inland wetlands agencies of each such municipality,
and the regional councils of governments which encompass each such
municipality; (2) the Attorney General; (3) each member of the
legislature in whose assembly or senate district the facility or any
alternative location listed in the application is to be located; (4) any
agency, department or instrumentality of the federal government that
has jurisdiction, whether concurrent with the state or otherwise, over
any matter that would be affected by such facility; (5) each state
department [,] and agency [and commission] named in subsection [(g)]
(i) of section 16-50j, as amended by this act; and (6) such other state and Substitute House Bill No. 5507
Public Act No. 24-144 10 of 35
municipal bodies as the council may by regulation designate. A notice
of such application shall be given to the general public, in municipalities
entitled to receive notice under subdivision (1) of this subsection, by the
publication of a summary of such application and the date on or about
which it will be filed. Such notice shall be published under the
regulations to be promulgated by the council, in such form and in such
newspapers as will serve substantially to inform the public of such
application and to afford interested persons sufficient time to prepare
for and to be heard at the hearing prescribed in section 16-50m. Such
notice shall be published in not less than ten-point type. A notice of such
an application for a certificate for a facility described in subdivision (3),
(4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by
certified or registered mail, to each person appearing of record as an
owner of property which abuts the proposed primary or alternative sites
on which the facility would be located. Such notice shall be sent at the
same time that notice of such application is given to the general public.
Notice of an application for a certificate for a facility described in
subdivision (1) of subsection (a) of section 16-50i shall also be provided
to each electric distribution company customer in the municipality
where the facility is proposed to be placed. Such notice shall (A) be
provided on a separate enclosure with each customer's monthly bill for
one or more months, (B) be provided by the electric distribution
company not earlier than sixty days prior to filing the application with
the council, but not later than the date that the application is filed with
the council, and (C) include: A brief description of the project, including
its location relative to the affected municipality and adjacent streets; a
brief technical description of the project including its proposed length,
voltage, and type and range of heights of support structures or
underground configuration; the reason for the project; the address and
a toll-free telephone number of the applicant by which additional
information about the project can be obtained; and a statement in print
no smaller than twenty-four-point type size stating "NOTICE OF
PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC Substitute House Bill No. 5507
Public Act No. 24-144 11 of 35
TRANSMISSION LINE".
(c) For a facility described in subdivision (3) of subsection (a) of
section 16-50i that is a solar photovoltaic facility, the applicant shall also
provide notice by certified or registered mail of each proposed site
configuration change that occurs after the filing of the application but
prior to the granting of a certificate for such facility, that is a material
change, as determined by the council, to each person appearing of
record as an owner of property that abuts the proposed primary or
alternative sites on which the facility would be located.
[(c)] (d) An application for a certificate shall contain information on
the extent to which the proposed facility has been identified in, and is
consistent with, the annual forecast reports and life-cycle cost analysis
required by section 16-50r and other advance planning that has been
carried out, and shall include an explanation for any failure of the
facility to conform with such information.
[(d)] (e) An amendment proceeding may be initiated by an
application for amendment of a certificate filed with the council by the
holder of the certificate or by a resolution of the council. An amendment
application by a certificate holder shall be in such form and contain such
information as the council shall prescribe. A resolution for amendment
by the council shall identify the design, location or route of the portion
of a certificated facility described in subdivisions (1) or (2) of subsection
(a) of section 16-50i which is subject to modification on the basis of stated
conditions or events which could not reasonably have been known or
foreseen prior to the issuance of the certificate. No such resolution for
amendment of a certificate shall be adopted after the commencement of
site preparation or construction of the certificated facility or, in the case
of a facility for which approval by the council of a right-of-way
development and management plan or other detailed construction plan
is a condition of the certificate, after approval of that part of the plan
which includes the portion of the facility proposed for modification. A Substitute House Bill No. 5507
Public Act No. 24-144 12 of 35
copy and notice of each amendment application shall be given by the
holder of the certificate in the manner set forth in subsection (b) of this
section. A copy and notice of each resolution for amendment shall be
given by the council in the manner set forth in subsection (b) of this
section. The council shall also provide the certificate holder with a copy
of such resolution. The certificate holder and the council shall not be
required to give such copy and notice to municipalities and the
commissions and agencies of such municipalities other than those in
which the modified portion of the facility would be located.
[(e)] (f) At least sixty days, or, in the case of a facility described in
subdivision (1) of subsection (a) of section 16-50i, ninety days prior to
the filing of an application with the council, the applicant shall consult
with the municipality in which the facility may be located and with any
other municipality required to be served with a copy of the application
under subdivision (1) of subsection (b) of this section concerning the
proposed and alternative sites of the facility. Such consultation with the
municipality shall include, but not be limited to, good faith efforts to
meet with the chief elected official of the municipality, or such official's
designee, the legislative body of the municipality and each member of
the legislature in whose assembly or senate district the facility or any
alternative location listed in the application is to be located. At the time
of the consultation, the applicant shall provide the chief elected official,
or such official's designee, the legislative body of the municipality and
each member of the legislature in whose assembly or senate district the
facility or any alternative location listed in the application is to be
located with any technical reports concerning the public need, the site
selection process and the environmental effects of the proposed facility.
In the case of a proposed transmission line, at the time of the
consultation, the applicant shall provide the chief elected official, or
such official's designee, the legislative body of the municipality and
each member of the legislature in whose assembly or senate district the
facility or any alternative location listed in the application is to be Substitute House Bill No. 5507
Public Act No. 24-144 13 of 35
located with a report that includes a summary of the status of any
negotiation with the owners of real property concerning any required
right-of-way access, easements or land acquisition. Any such summary
shall not include any confidential or proprietary information. The
municipality may conduct public hearings and meetings as it deems
necessary for it to advise the applicant of its recommendations
concerning the proposed facility. [Within] Not later than sixty days [of]
after the initial consultation, the municipality shall issue its
recommendations to the applicant. [No] Not later than fifteen days after
submitting an application to the council, the applicant shall provide to
the council all materials provided to [the] such chief elected official of
the municipality, such official's designee, such legislative body of the
municipality or any such member of the legislature, [and] a summary of
the consultations with the municipality, including [all] any meetings
with such chief elected official, such official's designee, such legislative
body of the municipality and any such member of the legislature and
any recommendations issued by the municipality.
[(f)] (g) (1) For a facility described in subdivision (6) of subsection (a)
of section 16-50i, at least ninety days before filing an application with
the council, the applicant shall consult with the municipality in which
the facility is proposed to be located and with any other municipality
required to be served with a copy of the application under subdivision
(1) of subsection (b) of this section. Consultation with such municipality
shall include, but not be limited to, good-faith efforts to meet with the
chief elected official of the municipality or such official's designee. At
the time of the consultation, the applicant shall provide the municipality
with any technical reports concerning the need for the facility, including
a map indicating the area of need, the location of existing surrounding
facilities, a detailed description of the proposed and any alternate sites
under consideration, a listing of other sites or areas considered and
rejected, the location of all schools near the proposed facility, an analysis
of the potential aesthetic impacts of the facility on said schools, as well Substitute House Bill No. 5507
Public Act No. 24-144 14 of 35
as a discussion of efforts or measures to be taken to mitigate such
aesthetic impacts, a description of the site selection process undertaken
by the prospective applicant and the potential environmental effects of
the proposed facility. The applicant shall also provide copies of such
technical reports to such municipality's planning commission, zoning
commission or combined planning and zoning commission and inland
wetland agency.
(2) Not later than sixty days after the initial municipal consultation
meeting, the municipality, in cooperation with the applicant, may hold
a public information meeting. If the municipality decides to hold a
public information meeting, the applicant shall be responsible for
sending notice of such meeting to each person appearing of record as an
owner of property which abuts the proposed or alternate facility
locations and for publishing notice of such meeting in a newspaper of
general circulation in the municipality at least fifteen days before the
date of the public information meeting. Such applicant shall pay all
administrative expenses associated with such public information
meeting.
(3) The municipality shall present the applicant with proposed
alternative sites, which may include municipal parcels, for its
consideration not later than thirty days after the initial consultation
meeting. The applicant shall evaluate these alternate sites presented as
part of the municipal consultation process and include the results of its
evaluations in its application to the council. The applicant may present
any such alternatives to the council in its application for formal
consideration.
(h) Any applicant that submits an initial application under this
section for a facility described in subdivision (1) of subsection (a) of
section 16-50i where the applicant intends to submit one or more
additional applications under this section within five years of the date
of the initial application for additional facilities described in said Substitute House Bill No. 5507
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subdivision that will either be physically connected to the facility
included in the initial application or located within five miles of such
facility shall indicate any such intention that is foreseeable in the initial
application, and provide any information regarding such additional
facilities required by the council.
Sec. 4. Section 16-50n of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) The parties to a certification or amendment proceeding or to a
declaratory ruling proceeding shall include: (1) The applicant, certificate
holder, or petitioner; (2) each person entitled to receive a copy of the
application or resolution under section 16-50l, as amended by this act, if
such person has filed with the council a notice of intent to be a party; (3)
any domestic or qualified nonprofit corporation or association formed
in whole or in part to promote conservation or natural beauty, to protect
the environment, personal health or biological values, to preserve
historical sites, to promote consumer interests, to represent commercial
and industrial groups or to promote the orderly development of the
areas in which the facility is to be located, if it has filed with the council
a notice of intent to be a party; and (4) such other persons as the council
may at any time deem appropriate.
(b) The council may permit any person to participate as an intervenor,
in accordance with the provisions of section 4-177a, in a certification or
amendment proceeding or a declaratory ruling proceeding.
Notwithstanding the provisions of section 4-177a, for any proceeding
pursuant to section 16-50k concerning a facility described in subdivision
(1) of subsection (a) of section 16-50i, the council shall grant any person
status as an intervenor in such proceeding if such person: (1) Submits a
written petition to the council; and (2) is the owner of any property that
abuts the proposed facility, or that abuts a right-of-way in which the
proposed facility is to be located. Substitute House Bill No. 5507
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(c) The council in its discretion may provide for the grouping of
parties and intervenors with the same interests. If such a group does not
designate an agent for the service of notice and documents, the council
shall designate such an agent, and notice and documents need be served
only on the designated agent. Notwithstanding the provisions of this
subsection, any party or intervenor who has been included in a group
may, at any time by oral or written notice to the council, elect not to be
a member of the group to the extent specified in such notice.
(d) The Attorney General shall appoint an assistant attorney general
or a special assistant attorney general to act as counsel for the
Connecticut Siting Council.
(e) Upon receipt of the application, the council may employ one or
more independent consultants to study and measure the consequences
of the proposed facility on the environment. The council shall direct
such consultant or consultants to study any matter that the council
deems important to an adequate appraisal of the application. Any such
study and any report issued as a result thereof shall be part of the record
of the proceeding.
(f) Any person may make a limited appearance at a hearing held
pursuant to the provisions of section 16-50m, prior thereto or within
thirty days thereafter, entitling such person to file a statement in writing.
At the discretion of the council any person may make a limited
appearance at any such hearing to present an oral statement under oath.
All papers and matters filed by a person making a limited appearance
shall become part of the record. No person making a limited
appearance, and not otherwise entitled to be a party, shall be a party or
shall have the right to cross-examine witnesses, parties or intervenors.
Sec. 5. Section 16-50p of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024): Substitute House Bill No. 5507
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(a) (1) In a certification proceeding, the council shall render a decision
upon the record either granting or denying the application as filed, or
granting it upon such terms, conditions, limitations or modifications of
the construction or operation of the facility as the council may deem
appropriate.
(2) The council's decision shall be rendered in accordance with the
following:
(A) Not later than twelve months after the filing of an application for
a facility described in subdivision (1) or (2) of subsection (a) of section
16-50i or subdivision (4) of said subsection (a) if the application was
incorporated in an application concerning a facility described in
subdivision (1) of said subsection (a); and
(B) Not later than one hundred eighty days after the filing of an
application for a facility described in subdivisions (3) to (6), inclusive, of
subsection (a) of section 16-50i, provided the council may extend such
period by not more than one hundred eighty days with the consent of
the applicant.
(3) The council shall file, with its order, an opinion stating in full its
reasons for the decision. The council shall not grant a certificate, either
as proposed or as modified by the council, unless it shall find and
determine:
(A) Except as provided in subsection (b) or (c) of this section, a public
need for the facility and the basis of the need;
(B) The nature of the probable environmental impact of the facility
alone and cumulatively with other existing facilities, including a
specification of every significant adverse effect, including, but not
limited to, (i) electromagnetic fields that, whether alone or cumulatively
with other effects, impact on, and conflict with the policies of the state
concerning the natural environment, (ii) ecological balance, (iii) public Substitute House Bill No. 5507
Public Act No. 24-144 18 of 35
health and safety, (iv) scenic, historic and recreational values, (v)
agriculture, (vi) forests and parks, (vii) air and water purity, and (viii)
fish, aquaculture and wildlife;
(C) Why the adverse effects or conflicts referred to in subparagraph
(B) of this subdivision are not sufficient reason to deny the application;
(D) (i) [In] From October 1, 2024, to September 30, 2025, inclusive, in
the case of an electric transmission line, [(i)] (I) what part, if any, of the
facility shall be located overhead, [(ii)] (II) that the facility conforms to a
long-range plan for expansion of the electric power grid of the electric
systems serving the state and interconnected utility systems and will
serve the interests of electric system economy and reliability, and [(iii)]
(III) that the overhead portions, if any, of the facility are cost effective
and the most appropriate alternative based on a life-cycle cost analysis
of the facility and underground alternatives to such facility, are
consistent with the purposes of this chapter, with such regulations or
standards as the council may adopt pursuant to section 16-50t,
including, but not limited to, the council's best management practices
for electric and magnetic fields for electric transmission lines and with
the Federal Power Commission "Guidelines for the Protection of
Natural Historic Scenic and Recreational Values in the Design and
Location of Rights-of-Way and Transmission Facilities" or any successor
guidelines and any other applicable federal guidelines and are to be
contained within an area that provides a buffer zone that protects the
public health and safety, as determined by the council. In establishing
such buffer zone, the council shall consider, among other things,
residential areas, private or public schools, licensed child care centers,
licensed youth camps or public playgrounds adjacent to the proposed
route of the overhead portions and the level of the voltage of the
overhead portions and any existing overhead transmission lines on the
proposed route. At a minimum, the existing right-of-way shall serve as
the buffer zone; Substitute House Bill No. 5507
Public Act No. 24-144 19 of 35
(ii) On and after October 1, 2025, in the case of an electric transmission
line, (I) what part, if any, of the facility shall be located overhead, (II)
that the facility conforms to a long-range plan for expansion of the
electric power grid of the electric systems serving the state and
interconnected utility systems and will serve the interests of electric
system economy and reliability, (III) the estimated initial and life-cycle
costs for the facility or modification, as applicable, and for any feasible
and practical project alternatives, (IV) the estimated regionalized and
localized costs for the facility or modification, as applicable, and for any
feasible and practical alternative, (V) for any estimated localized costs
for the facility or modification, as applicable, that such estimated
localized costs are reasonable compared to the benefits; and (VI) that the
overhead portions, if any, of the facility are cost effective and the most
appropriate alternative based on a life-cycle cost analysis of the facility
and underground alternatives to such facility, are consistent with the
purposes of this chapter, with such regulations or standards as the
council may adopt pursuant to section 16-50t, including, but not limited
to, the council's best management practices for electric and magnetic
fields for electric transmission lines and with the Federal Power
Commission "Guidelines for the Protection of Natural Historic Scenic
and Recreational Values in the Design and Location of Rights-of-Way
and Transmission Facilities" or any successor guidelines and any other
applicable federal guidelines and are to be contained within an area that
provides a buffer zone that protects the public health and safety, as
determined by the council. In establishing such buffer zone, the council
shall consider, among other things, residential areas, private or public
schools, licensed child care centers, licensed youth camps or public
playgrounds adjacent to the proposed route of the overhead portions
and the level of the voltage of the overhead portions and any existing
overhead transmission lines on the proposed route. At a minimum, the
existing right-of-way shall serve as the buffer zone;
(E) In the case of an electric or fuel transmission line, that the location Substitute House Bill No. 5507
Public Act No. 24-144 20 of 35
of the line will not pose an undue hazard to persons or property along
the area traversed by the line;
(F) In the case of a facility described in subdivision (6) of subsection
(a) of section 16-50i that is (i) proposed to be installed on land under
agricultural restriction, as provided in section 22-26cc, that the facility
will not result in a material decrease of acreage and productivity of the
arable land, (ii) proposed to be installed on land near a building
containing a school, as defined in section 10-154a, or a commercial child
care center, as described in subdivision (1) of subsection (a) of section
19a-77, that the facility will not be less than two hundred fifty feet from
such school or commercial child care center unless the location is
acceptable to the chief elected official of the municipality or the council
finds that the facility will not have a substantial adverse effect on the
aesthetics or scenic quality of the neighborhood in which such school or
commercial child care center is located, or (iii) proposed to be installed
on land owned by a water company, as defined in section 25-32a, and
which involves a new ground-mounted telecommunications tower, that
such land owned by a water company is preferred over any alternative
telecommunications tower sites provided the council shall, pursuant to
clause (iii) of this subparagraph, consult with the Department of Public
Health to determine potential impacts to public drinking water supplies
in considering all the environmental impacts identified pursuant to
subparagraph (B) of this subdivision. The council shall not render any
decision pursuant to this subparagraph that is inconsistent with federal
law or regulations; and
(G) That, for a facility described in subdivision (5) or (6) of subsection
(a) of section 16-50i, the council has considered the manufacturer's
recommended safety standards for any equipment, machinery or
technology for the facility.
(H) For a facility described in subdivision (3) of section 16-50i that is
a solar photovoltaic facility, that the council has evaluated potential Substitute House Bill No. 5507
Public Act No. 24-144 21 of 35
noise levels of the proposed facility in conformance with scientifically
accepted methods for noise assessment.
(b) (1) Prior to granting an applicant's certificate for a facility
described in subdivision (5) or (6) of subsection (a) of section 16-50i, the
council shall examine, in addition to its consideration of subdivisions (1)
to (3), inclusive, of subsection (a) of this section: (A) The feasibility of
requiring an applicant to share an existing facility, as defined in
subsection (b) of section 16-50aa, within a technically derived search
area of the site of the proposed facility, provided such shared use is
technically, legally, environmentally and economically feasible and
meets public safety concerns, (B) whether such facility, if constructed,
may be shared with any public or private entity that provides
telecommunications or community antenna television service to the
public, provided such shared use is technically, legally, environmentally
and economically feasible at fair market rates, meets public safety
concerns, and the parties' interests have been considered, (C) whether
the proposed facility would be located in an area of the state which the
council, in consultation with the Department of Energy and
Environmental Protection and any affected municipalities, finds to be a
relatively undisturbed area that possesses scenic quality of local,
regional or state-wide significance, and (D) the latest facility design
options intended to minimize aesthetic and environmental impacts. The
council may deny an application for a certificate if it determines that (i)
shared use under the provisions of subparagraph (A) of this subdivision
is feasible, (ii) the applicant would not cooperate relative to the future
shared use of the proposed facility, (iii) the proposed facility would
substantially affect the scenic quality of its location or surrounding
neighborhood and no public safety concerns require that the proposed
facility be constructed in such a location, or (iv) no public safety
concerns require that a proposed facility owned or operated by the state
be constructed in that location. In evaluating the public need for a
cellular facility described in subdivision (6) of subsection (a) of section Substitute House Bill No. 5507
Public Act No. 24-144 22 of 35
16-50i, there shall be a presumption of public need for personal wireless
services and the council shall be limited to consideration of a specific
need for any proposed facility to be used to provide such services to the
public.
(2) When issuing a certificate for a facility described in subdivision
(5) or (6) of subsection (a) of section 16-50i, the council may impose such
reasonable conditions as it deems necessary to promote immediate and
future shared use of such facilities and avoid the unnecessary
proliferation of such facilities in the state. The council shall, prior to
issuing a certificate, provide notice of the proposed facility to the
municipality in which the facility is to be located. Upon motion of the
council, written request by a public or private entity that provides
telecommunications or community antenna television service to the
public or upon written request by an interested party, the council may
conduct a preliminary investigation to determine whether the holder of
a certificate for such a facility is in compliance with the certificate.
Following its investigation, the council may initiate a certificate review
proceeding, which shall include a hearing, to determine whether the
holder of a certificate for such a facility is in compliance with the
certificate. In such proceeding, the council shall render a decision and
may issue orders it deems necessary to compel compliance with the
certificate, which may include, but not be limited to, revocation of the
certificate. Such orders may be enforced in accordance with the
provisions of section 16-50u, as amended by this act.
(c) (1) The council shall not grant a certificate for a facility described
in subdivision (3) of subsection (a) of section 16-50i, either as proposed
or as modified by the council, unless it finds and determines a public
benefit for the facility and considers neighborhood concerns with
respect to the factors set forth in subdivision (3) of subsection (a) of this
section, including public safety.
(2) (A) On and after October 1, 2025, the council shall not grant a Substitute House Bill No. 5507
Public Act No. 24-144 23 of 35
certificate for a facility described in subdivision (1) of subsection (a) of
section 16-50i, either as proposed or as modified by the council, unless
the council finds and determines a public need for the facility and
considers neighborhood concerns with respect to the factors set forth in
subdivision (3) of subsection (a) of this section, including public safety
and the impact that the proposed facility is anticipated to have on the
tax base of any municipality where any part of such facility is proposed
to be located.
(B) The certificate holder shall include in any development and
management plan submitted to the council on and after October 1, 2025,
for a facility described in subdivision (1) of subsection (a) of section 16-
50i, or any modification of such a facility: (i) The estimated cost for the
facility or modification, as applicable, based on the design in the
development and management plan and current cost information, and
(ii) the estimated regionalized and localized costs using such estimated
cost. If either (I) such estimate of costs based on the design in the
development and management plan and current cost information, or (II)
such estimate of localized costs is greater than one hundred ten per cent
of the estimated initial, life-cycle or localized costs for the facility or
modification, as applicable, determined by the council pursuant to
subparagraph (D)(ii) of subdivision (3) of subsection (a) of this section,
the certificate holder shall include in the development and management
plan a detailed analysis of the difference in cost estimates and shall
provide any additional information requested by any member of the
council or by any intervenors to the proceeding.
[(2)] (C) The council shall not grant a certificate for a facility described
in subdivision (1) of subsection (a) of section 16-50i, that is substantially
underground or underwater except where such facility interconnects
with existing overhead facilities, either as proposed or as modified by
the council, unless it finds and determines a public benefit for a facility
substantially underground or a public need for a facility substantially Substitute House Bill No. 5507
Public Act No. 24-144 24 of 35
underwater.
(3) For purposes of this section, a public benefit exists when a facility
is necessary for the reliability of the electric power supply of the state or
for the development of a competitive market for electricity and a public
need exists when a facility is necessary for the reliability of the electric
power supply of the state.
(4) Any application for an electric transmission line with a capacity of
three hundred forty-five kilovolts or more that is filed on or after May
1, 2003, and proposes the underground burial of such line in all
residential areas and overhead installation of such line in industrial and
open space areas shall have a rebuttable presumption of meeting a
public benefit for such facility if the facility is substantially underground
and meeting a public need for such facility if the facility is substantially
above ground. Such presumption may be overcome by evidence
submitted by a party or intervenor to the satisfaction of the council.
(5) The council shall not grant a certificate for a facility described in
subdivision (3) of subsection (a) of section 16-50i that is a solar
photovoltaic facility if it finds that (A) such facility will not comply with
any noise requirements established pursuant to chapter 442, or (B) the
distance between any inverters or transformers of such facility and the
property line is less than two hundred feet.
(6) The council shall not grant a certificate, either as proposed or as
modified by the council, unless it (A) provides summaries and written
responses to any comments that the Departments of Administrative
Services, Agriculture, Economic and Community Development, Energy
and Environmental Protection, Emergency Services and Public
Protection, Public Health and Transportation, the Labor Department,
the Council on Environmental Quality, the Public Utilities Regulatory
Authority, the Office of Policy and Management or the Office of
Consumer Counsel submits pursuant to subsection (i) of section 16-50j, Substitute House Bill No. 5507
Public Act No. 24-144 25 of 35
as amended by this act, and (B) provides written responses to the
positions of each intervenor that participated in the certification
proceeding concerning such certificate. The council shall specifically
address any environmental justice concerns raised in the comments of
said departments, Council on Environmental Quality, authority and
offices, or in the positions of any such intervenor, in such written
responses.
(d) If the council determines that the location of all or a part of the
proposed facility should be modified, it may condition the certificate
upon such modification, provided the municipalities affected by the
modification and the residents of such municipalities shall have had
notice of the application pursuant to subsection (b) of section 16-50l, as
amended by this act.
(e) In an amendment proceeding, the council shall render a decision
not later than ninety days after the filing of the application or adoption
of the resolution initiating the proceeding. The council shall file an
opinion with its order stating its reasons for the decision. The council's
decision shall include the findings and determinations enumerated in
subsection (a) of this section which are relevant to the proposed
amendment.
(f) The council shall serve a copy of the order and opinion issued
therewith upon each party and publish a notice of the issuance of the
order and opinion in such newspapers as will serve substantially to
inform the public of the issuance of such order and opinion. The name
and address of each party shall be set forth in the order.
(g) In deciding whether to issue a certificate, the council shall in no
way be limited by the applicant already having acquired land or an
interest therein for the purpose of constructing the facility that is the
subject of its application. Substitute House Bill No. 5507
Public Act No. 24-144 26 of 35
(h) For purposes of this section, a public need exists for an energy
facility if such facility is necessary for the reliability of the electric power
supply of the state.
(i) For a facility described in subdivision (1) of subsection (a) of
section 16-50i, with a capacity of not less than three hundred forty-five
kilovolts, the presumption shall be that a proposal to place the overhead
portions, if any, of such facility adjacent to residential areas, private or
public schools, licensed child care centers, licensed youth camps or
public playgrounds is inconsistent with the purposes of this chapter. An
applicant may rebut this presumption by demonstrating to the council
that burying the facility will be technologically infeasible. In
determining such infeasibility, the council shall consider the effect of
burying the facility on the reliability of the electric transmission system
of the state and whether the cost of any contemplated technology or
design configuration may result in an unreasonable economic burden
on the ratepayers of the state.
(j) Upon a motion of a party or intervenor or a council determination
that any party or intervenor relating to a facility described in
subdivision (5) or (6) of subsection (a) of section 16-50i has intentionally
omitted or misrepresented a material fact in the course of a council
proceeding, the council may, by majority vote, request the Attorney
General to bring a civil action against such party or intervenor. In any
such action, the Attorney General may seek any legal or equitable relief
the Superior Court deems appropriate, including, but not limited to,
injunctive relief or a civil penalty of not more than ten thousand dollars
and reasonable attorney fees and related costs.
Sec. 6. Section 16-50q of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) Any party may obtain judicial review of an order issued on an
application for a certificate or an amendment of a certificate in Substitute House Bill No. 5507
Public Act No. 24-144 27 of 35
accordance with the provisions of section 4-183. Any judicial review
sought pursuant to this chapter shall be privileged in respect to
assignment for trial in the Superior Court.
(b) On and after October 1, 2025, if a municipality seeks judicial
review under this section, and such municipality is a prevailing party in
the action, the court may award the municipality reasonable attorneys'
fees and costs. No public service company may recover any such
attorneys' fees or costs awarded by a court through rates if the court
finds that the public service company acted imprudently in the
application process or petition and such imprudence was the primary
cause of the municipality prevailing in such action.
Sec. 7. Section 16-50s of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) [The] From October 1, 2024, to September 30, 2025, inclusive,
council may give appropriate consideration in all proceedings to (1) the
amounts expended by a utility for research on generation and
transmission of the form of energy furnished by it and the
environmental effect thereof, (2) the amounts expended by such utility
for promotion, including advertising, of the use of the form of energy
furnished by it, and (3) the relationship between such expenditures.
(b) On and after October 1, 2025, the council shall give appropriate
consideration in all proceedings to (1) the amounts expended by a utility
for research on generation and transmission of the form of energy
furnished by it and the environmental effect of such form of energy, (2)
the amounts expended by such utility for promotion, including
advertising, of the use of the form of energy furnished by it, and (3) the
relationship between such expenditures.
Sec. 8. Section 16-50u of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024): Substitute House Bill No. 5507
Public Act No. 24-144 28 of 35
[The council shall take reasonable steps to insure that each facility for
which a certificate has been issued is constructed, maintained and
operated in compliance with such certificate and any other standards
established pursuant to this chapter. Whenever the council deems it
necessary to verify such compliance and whenever the meeting of any
such other standards involves expenses, the person to whom such
certificate has been issued shall be charged with and pay such expenses.
The courts are authorized to grant such restraining orders, and such
temporary and permanent injunctive relief, as may be necessary to
secure compliance with this chapter and with a certificate issued
pursuant to this chapter. The courts] (a) Each holder of a certificate
issued by the council shall comply with such certificate, any condition
of such certificate and any other requirements of this chapter. The
council shall enforce the provisions of this chapter and compliance with
any condition or requirement of a certificate issued by the council.
(b) If the council finds that any person has failed to secure a certificate
pursuant to this chapter or has failed to comply with any certificate,
condition of such certificate or any other requirements of this chapter,
the council shall fine such person, order such person to pay restitution
or order such person to pay a combination of a fine and restitution. The
council may assess civil penalties in an amount not less than one
thousand dollars per day for each day of construction or operation in
material violation of this chapter, or in material violation of any
certificate issued pursuant to this chapter. Civil proceedings to enforce
this chapter may be brought by the Attorney General in the superior
court for any judicial district affected by the violation. The remedies and
penalties in this section shall be cumulative and shall be in addition to
any other penalties and remedies available at law, or in equity, to any
person.
(c) If the council has reason to believe that a violation has occurred
for which a civil penalty is authorized pursuant to subsection (b) of this Substitute House Bill No. 5507
Public Act No. 24-144 29 of 35
section, the council shall notify the alleged violator by certified mail,
return receipt requested, or by personal service. The notice shall include:
(1) A reference to any applicable section of this title, council
regulation or certificate, or to any condition or requirement of such
certificate;
(2) A short and plain statement of the matter asserted or charged;
(3) A statement of the prescribed civil penalty for the violation; and
(4) A statement of the person's right to a hearing.
(d) The person to whom the notice is addressed shall have twenty
days from the date of receipt of the notice in which to deliver to the
council a written application for a hearing. If a hearing is requested,
then, after a hearing and upon a finding that a violation has occurred,
the council may issue a final order assessing a civil penalty under this
section which shall not be greater than the maximum penalty permitted
by subsection (b) of this section. If a hearing is not requested, or if such
a request is later withdrawn, then the notice shall, on the first day after
the expiration of the twenty-day period or on the first day after the
withdrawal of the request for hearing, whichever is later, become a final
order of the council and the matters asserted or charged in the notice
shall be deemed admitted, unless the notice is modified by a consent
order before it becomes a final order. A consent order shall be deemed
a final order.
(e) All hearings under this section shall be conducted in accordance
with sections 4-176e to 4-184, inclusive. Any final order of the council
assessing a civil penalty shall be subject to appeal under section 4-183.
No challenge to any final order of the council that assesses a civil penalty
shall be allowed as to any issue that could have been raised by an appeal
of an earlier order of the council. Any civil penalty authorized by this
section shall become due and payable (1) at the time of receipt of a final Substitute House Bill No. 5507
Public Act No. 24-144 30 of 35
order, in the case of a civil penalty assessed in such order after a hearing,
(2) on the first day after the expiration of the period in which a hearing
may be requested, if no hearing is requested, or (3) on the first day after
the withdrawal of a request for hearing.
(f) Any civil penalty assessed in a final order of the council under this
section may be enforced in the same manner as a judgment of the
Superior Court. The council shall deliver the final order to the person
found to be in violation by personal service or by certified mail, return
receipt requested. After entry of such final order, the council may file a
transcript without the payment of costs, in the office of the clerk of the
superior court in the judicial district in which such person resides, has a
place of business, owns real property, or where any real property that is
the subject of the proceedings is located or, if such person is not a
resident of the state, in the judicial district of Hartford. Upon such filing,
the clerk shall docket the order in the same manner and with the same
effect as a judgment entered in the superior court within the judicial
district. Upon the docketing, the order may be enforced as a judgment
of the court.
(g) Such court may grant such restraining orders, and such temporary
and permanent injunctive relief, as may be necessary to secure
compliance with this chapter and with a certificate issued pursuant to
this chapter, including, but not limited to, requiring modifications to the
layout of a facility or the installation of noise-dampening materials or
equipment to comply with noise level restrictions required pursuant to
such a certificate.
Sec. 9. Subsection (c) of section 16-50z of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(c) When a public service company intends to acquire residential real
property by condemnation, [and the owner of such property disputes Substitute House Bill No. 5507
Public Act No. 24-144 31 of 35
the company's need to acquire such property, the owner may bring the
issue of the purpose for which the property is being acquired to the
Siting Council not later than thirty days following the owner being
informed of the company's intention] the company shall notify the
owner of the property not less than sixty days prior to the intended date
of condemnation, by certified mail, with the envelope marked in not less
than twelve-point size bold type, as follows: "NOTICE REGARDING
POTENTIAL CONDEMNATION OF YOUR PROPERTY" . The
company shall include in its [notification] notifications under this
section to the owner of its intention to acquire such property by
condemnation, a statement that the owner may bring the issue of the
purpose for which the property is being acquired to the Connecticut
Siting Council. [The company shall send such notification to the owner
by certified mail.] If the owner of such property disputes the company's
need to acquire such property, the owner may bring the issue of the
purpose for which the property is being acquired to the Connecticut
Siting Council not later than thirty days after the date on which the
owner receives notice of the potential condemnation of property
pursuant to this section. Upon written request by the owner, the council
shall initiate a proceeding to determine whether the proposed taking is
necessary and consistent with the provisions of section 16a-35k. The
council shall (1) provide the owner of the property and the public
service company with notice of the proceeding, (2) hold a hearing in
accordance with the provisions of chapter 54 as part of such a
proceeding, and (3) render a decision upon the record not later than
ninety days following the council's receipt of the written request for
such a proceeding, provided the parties may agree to a longer period,
which decision shall state whether the proposed taking is necessary and
consistent with the provisions of section 16a-35k and include
appropriate findings. The public service company shall pay the
expenses incurred by the council in conducting a proceeding pursuant
to this subsection. If a public service company and the owner of real
property agree that the proposed taking is necessary and consistent with Substitute House Bill No. 5507
Public Act No. 24-144 32 of 35
the provisions of section 16a-35k but cannot agree on fair compensation
for the property, or if the public service company or owner disagrees
with the decision of the council regarding whether the proposed taking
is necessary and consistent with the provisions of section 16a-35k, the
public service company or the owner may petition the Superior Court
to determine the issue in question. Such a petition shall be submitted to
the superior court for the judicial district in which the property is
located.
Sec. 10. Subsection (b) of section 16-50bb of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(b) Payments from the account shall be made upon authorization by
the State Treasurer. An application for reimbursement shall be
submitted not later than sixty days after the conclusion of a certification
proceeding, except for a facility described in subdivisions (5) and (6) of
subsection (a) of section 16-50i, by each municipality entitled to receive
a copy of an application under section 16-50l, as amended by this act, in
order to defray expenses incurred by such municipalities in
participating as a party to a certification proceeding, except for a
proceeding on an application for a facility described in subdivision (5)
or (6) of subsection (a) of section 16-50i. Any moneys remaining after
payments to municipalities in accordance with this section shall be
refunded to the applicant in even amounts. Where more than one
municipality seeks moneys from such account, the council shall evenly
distribute such moneys among the municipalities. No municipality may
receive moneys from the account in excess of [twenty-five] forty
thousand dollars. No municipality may receive moneys from the
account in excess of the dollar amount such municipality has expended
from its own municipal funds.
Sec. 11. Section 16-50gg of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024): Substitute House Bill No. 5507
Public Act No. 24-144 33 of 35
When notifying a municipality pursuant to section 16-50l, as
amended by this act, of an application for a telecommunications tower
or a proposed transmission line in [said] such municipality, the
Connecticut Siting Council shall request that the municipality provide
[to said council, within thirty days, any location preferences or criteria
for the siting of said telecommunications tower. The] the council with
any location preferences or criteria relating to the siting of such
telecommunications tower or proposed transmission line. The
municipality shall provide such location preferences or criteria to the
council not later than thirty days after the date of such request. In
addition, the council may consider regional location preferences from
neighboring municipalities.
Sec. 12. (NEW) (Effective from passage) (a) The Department of Energy
and Environmental Protection, in consultation with the Connecticut
Siting Council, the Departments of Agriculture, Economic and
Community Development, Housing, Public Health and Transportation,
the Office of Policy and Management, the Council on Environmental
Quality, the Public Utilities Regulatory Authority and the Office of
Consumer Counsel, shall prepare a report, as described in subsection (c)
of this section, concerning the Connecticut Siting Council. Not later than
December 31, 2024, the department shall submit such report, in
accordance with the provisions of section 11-4a of the general statutes,
to the joint standing committees of the General Assembly having
cognizance of matters relating to the judiciary, government
administration and elections, energy and the environment.
(b) The Department of Energy and Environmental Protection may,
within existing resources, hire a consultant to assist in the preparation
of such report. Such consultant shall not own or operate any facility, as
defined in section 16-50i of the general statutes, as amended by this act.
(c) The report prepared pursuant to subsections (a) and (b) of this
section shall examine the Connecticut Siting Council, with a focus on the Substitute House Bill No. 5507
Public Act No. 24-144 34 of 35
council's ability to balance the need for the facilities that the council
oversees and the need for timely and thorough administration of the
council's duties with the need to protect the environment, public health
and safety. Such study shall include evaluations of and
recommendations concerning: (1) The scope of the council's jurisdiction,
the composition of the council's membership and the council's powers,
duties, role and responsibilities, as compared to those of other state
agencies; (2) the effectiveness of the council's structure, with
consideration of other structures based on best practices in other states,
and any statutory or administrative changes that may be needed to
implement such recommendations; (3) processes for issuing a certificate
of environmental compatibility and public need or approving a petition
for a declaratory ruling, as described in section 16-50k of the general
statutes, including how to better integrate new technologies into such
processes; (4) the council's oversight of completed projects; (5) criteria
used by the council in evaluating applications; (6) the council's ability to
adhere to statutory timeframes; (7) how the council evaluates any
economic, conservation and development impacts of projects that the
council approves, including the council's evaluation of (A) a project's
consistency with transit-oriented development and other state and
municipal economic development objectives, and (B) the degree to
which a project forecloses the opportunity for economic development to
occur; (8) the efficacy of the council's processes for developing evidence;
(9) the efficacy of the council's processes for engaging in deliberations;
(10) the council's relationship with municipalities and other
governmental bodies; (11) policies, procedures and processes for
inclusive public engagement in council decision-making, including to
increase transparency and encourage public participation, especially in
environmental justice communities, as defined in section 22a-20a of the
general statutes; (12) equitable practices and processes in council
decision-making for considering community compensation; (13) how
the council addresses common public concerns related to siting, such as
noise, visual and other community impacts; and (14) whether to provide Substitute House Bill No. 5507
Public Act No. 24-144 35 of 35
each member of the council with an electronic mail address so that each
member may receive documents and other information directly.
(d) Not later than November 30, 2024, the Department of Energy and
Environmental Protection shall post a draft report on the department's
Internet web site for members of the public to review in advance of
providing any comment to the department. In addition, the department
shall provide a mechanism for receiving public comment and shall, after
posting such draft report but prior to submitting a final report pursuant
to subsection (a) of this section, host at least one listening session in
order to seek public comment and integrate such comments as the
department deems appropriate into the final report.