Connecticut 2024 Regular Session

Connecticut Senate Bill SB00198 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 198
	5	+	General Assembly Raised Bill No. 198
8	6		February Session, 2024
	7	+	LCO No. 1098
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	10	+	Referred to Committee on ENVIRONMENT
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	12	+
	13	+	Introduced by:
	14	+	(ENV)
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12	19		AN ACT ESTABLISHING LOCAL REPRESENTATION ON THE
13	20		CONNECTICUT SITING COUNCIL FOR LOCAL PROJECTS.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Section 16-50j of the general statutes is repealed and the 1
18	25		following is substituted in lieu thereof (Effective October 1, 2024): 2
19	26		(a) There is established a "Connecticut Siting Council", hereinafter 3
20	27		referred to as the "council", which shall be within the Department of 4
21	28		Energy and Environmental Protection for administrative purposes only. 5
22	29		(b) Except for proceedings under chapter 445, this subsection and 6
23	30		subsection (c) of this section, the council shall consist of: (1) The 7
24	31		Commissioner of Energy and Environmental Protection, or his 8
25	32		designee; (2) the chairperson of the Public Utilities Regulatory 9
26	33		Authority, or the chairperson's designee; (3) one designee of the speaker 10
27	34		of the House and one designee of the president pro tempore of the 11
28	35		Senate; and (4) five members of the public, to be appointed by the 12
29	36		Governor, at least two of whom shall be experienced in the field of 13
30	37		ecology, and not more than one of whom shall have affiliation, past or 14
31	38		present, with any utility or governmental utility regulatory agency, or 15
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32	45		with any person owning, operating, controlling, or presently 16
33	46		contracting with respect to a facility, a hazardous waste facility, as 17
34		-	defined in section 22a-115, or an ash residue disposal area. 18 Substitute Bill No. 198
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	47	+	defined in section 22a-115, or an ash residue disposal area. 18
41	48		(c) For proceedings under chapter 445, subsection (b) of this section 19
42	49		and this subsection, the council shall consist of (1) the Commissioners of 20
43	50		Public Health and Emergency Services and Public Protection or their 21
44	51		designated representatives; (2) the designees of the speaker of the House 22
45	52		of Representatives and the president pro tempore of the Senate as 23
46	53		provided in subsection (b) of this section; (3) the five members of the 24
47	54		public as provided in subsection (b) of this section; and (4) four ad hoc 25
48	55		members, three of whom shall be electors from the municipality in 26
49	56		which the proposed facility is to be located and one of whom shall be an 27
50	57		elector from a neighboring municipality likely to be most affected by the 28
51	58		proposed facility. The municipality most affected by the proposed 29
52	59		facility shall be determined by the permanent members of the council. 30
53	60		If any one of the five members of the public or of the designees of the 31
54	61		speaker of the House of Representatives or the president pro tempore of 32
55	62		the Senate resides (A) in the municipality in which a hazardous waste 33
56	63		facility is proposed to be located for a proceeding concerning a 34
57	64		hazardous waste facility or in which a low-level radioactive waste 35
58	65		facility is proposed to be located for a proceeding concerning a low-level 36
59	66		radioactive waste facility, or (B) in the neighboring municipality likely 37
60	67		to be most affected by the proposed facility, the appointing authority 38
61	68		shall appoint a substitute member for the proceedings on such proposal. 39
62	69		If any appointee is unable to perform his duties on the council due to 40
63	70		illness, or has a substantial financial or employment interest which is in 41
64	71		conflict with the proper discharge of his duties under this chapter, the 42
65	72		appointing authority shall appoint a substitute member for proceedings 43
66	73		on such proposal. An appointee shall report any substantial financial or 44
67	74		employment interest which might conflict with the proper discharge of 45
68	75		his duties under this chapter to the appointing authority who shall 46
69	76		determine if such conflict exists. If any state agency is the applicant, an 47
70	77		appointee shall not be deemed to have a substantial employment 48
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71	84		conflict of interest because of employment with the state unless such 49
72	85		appointee is directly employed by the state agency making the 50
73	86		application. Ad hoc members shall be appointed by the chief elected 51
74	87		official of the municipality they represent and shall continue their 52
75		-	membership until the council issues a letter of completion of the 53 Substitute Bill No. 198
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	88	+	membership until the council issues a letter of completion of the 53
82	89		development and management plan to the applicant. 54
83	90		(d) For any proceeding that occurs on or after the effective date of this 55
84	91		section, in addition to the membership provided for in subsection (b) or 56
85		-	(c) of this section, as applicable, the council shall ~~include~~ one elector 57
	92	+	(c) of this section, as applicable, the council shall consist of one elector 57
86	93		from the municipality in which such facility is proposed to be located, 58
87	94		as appointed by the chief elected official of such municipality. In the 59
88	95		event that such facility will be located in two or more municipalities, 60
89	96		one such elector shall be appointed by the applicable regional council of 61
90	97		governments for the affected municipalities. Each such member shall 62
91	98		serve as a nonvoting member for purposes of such proceeding and shall 63
92	99		abide by all applicable rules of confidentiality concerning such 64
93	100		proceeding. 65
94	101		[(d)] (e) The chairman of the council shall be appointed by the 66
95	102		Governor from among the five public members appointed by him, with 67
96	103		the advice and consent of the House or Senate, and shall serve as 68
97	104		chairman at the pleasure of the Governor. 69
98	105		[(e)] (f) The public members of the council, including the chairman, 70
99	106		the members appointed by the speaker of the House and president pro 71
100	107		tempore of the Senate and the four ad hoc members specified in 72
101	108		subsection (c) of this section, shall be compensated for their attendance 73
102	109		at public hearings, executive sessions, or other council business as may 74
103	110		require their attendance at the rate of two hundred dollars, provided in 75
104	111		no case shall the daily compensation exceed two hundred dollars. 76
105	112		[(f)] (g) The council shall, in addition to its other duties prescribed in 77
106	113		this chapter, adopt, amend, or rescind suitable regulations to carry out 78
107	114		the provisions of this chapter and the policies and practices of the 79
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108	121		council in connection therewith, and appoint and prescribe the duties of 80
109	122		such staff as may be necessary to carry out the provisions of this chapter. 81
110	123		The chairman of the council, with the consent of five or more other 82
111	124		members of the council, may appoint an executive director, who shall 83
112	125		be the chief administrative officer of the Connecticut Siting Council. The 84
113		-	executive director shall be exempt from classified service. 85 Substitute Bill No. 198
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	126	+	executive director shall be exempt from classified service. 85
120	127		[(g)] (h) Prior to commencing any hearing pursuant to section 16-50m, 86
121	128		the council shall consult with and solicit written comments from (1) the 87
122	129		Department of Energy and Environmental Protection, the Department 88
123	130		of Public Health, the Council on Environmental Quality, the 89
124	131		Department of Agriculture, the Public Utilities Regulatory Authority, 90
125	132		the Office of Policy and Management, the Department of Economic and 91
126	133		Community Development and the Department of Transportation, and 92
127	134		(2) in a hearing pursuant to section 16-50m, for a facility described in 93
128	135		subdivision (3) of subsection (a) of section 16-50i, the Department of 94
129	136		Emergency Services and Public Protection, the Department of 95
130	137		Administrative Services and the Labor Department. Copies of such 96
131	138		comments shall be made available to all parties prior to the 97
132	139		commencement of the hearing. Subsequent to the commencement of the 98
133	140		hearing, said departments and council may file additional written 99
134	141		comments with the council within such period of time as the council 100
135	142		designates. All such written comments shall be made part of the record 101
136	143		provided by section 16-50o. Said departments and council shall not 102
137	144		enter any contract or agreement with any party to the proceedings or 103
138	145		hearings described in this section or section 16-50p that requires said 104
139	146		departments or council to withhold or retract comments, refrain from 105
140	147		participating in or withdraw from said proceedings or hearings. 106
141	148		Sec. 2. Subsection (b) of section 16-50l of the general statutes is 107
142	149		repealed and the following is substituted in lieu thereof (Effective October 108
143	150		1, 2024): 109
144	151		(b) Each application shall be accompanied by proof of service of a 110
145	152		copy of such application on: (1) Each municipality in which any portion 111
	153	+	Raised Bill No. 198
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146	159		of such facility is to be located, both as primarily proposed and in the 112
147	160		alternative locations listed, and any adjoining municipality having a 113
148	161		boundary not more than two thousand five hundred feet from such 114
149	162		facility, which copy shall be served on the chief executive officer of each 115
150	163		such municipality and shall include notice of the date on or about which 116
151	164		the application is to be filed, and the zoning commissions, planning 117
152		-	commissions, planning and zoning commissions, conservation 118 Substitute Bill No. 198
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	165	+	commissions, planning and zoning commissions, conservation 118
159	166		commissions and inland wetlands agencies of each such municipality, 119
160	167		and the regional councils of governments which encompass each such 120
161	168		municipality; (2) the Attorney General; (3) each member of the 121
162	169		legislature in whose assembly or senate district the facility or any 122
163	170		alternative location listed in the application is to be located; (4) any 123
164	171		agency, department or instrumentality of the federal government that 124
165	172		has jurisdiction, whether concurrent with the state or otherwise, over 125
166	173		any matter that would be affected by such facility; (5) each state 126
167	174		department, agency and commission named in subsection [(g)] (h) of 127
168	175		section 16-50j, as amended by this act; and (6) such other state and 128
169	176		municipal bodies as the council may by regulation designate. A notice 129
170	177		of such application shall be given to the general public, in municipalities 130
171	178		entitled to receive notice under subdivision (1) of this subsection, by the 131
172	179		publication of a summary of such application and the date on or about 132
173	180		which it will be filed. Such notice shall be published under the 133
174	181		regulations to be promulgated by the council, in such form and in such 134
175	182		newspapers as will serve substantially to inform the public of such 135
176	183		application and to afford interested persons sufficient time to prepare 136
177	184		for and to be heard at the hearing prescribed in section 16-50m. Such 137
178	185		notice shall be published in not less than ten-point type. A notice of such 138
179	186		an application for a certificate for a facility described in subdivision (3), 139
180	187		(4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by 140
181	188		certified or registered mail, to each person appearing of record as an 141
182	189		owner of property which abuts the proposed primary or alternative sites 142
183	190		on which the facility would be located. Such notice shall be sent at the 143
184	191		same time that notice of such application is given to the general public. 144
185	192		Notice of an application for a certificate for a facility described in 145
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186	199		subdivision (1) of subsection (a) of section 16-50i shall also be provided 146
187	200		to each electric distribution company customer in the municipality 147
188	201		where the facility is proposed to be placed. Such notice shall (A) be 148
189	202		provided on a separate enclosure with each customer's monthly bill for 149
190	203		one or more months, (B) be provided by the electric distribution 150
191	204		company not earlier than sixty days prior to filing the application with 151
192	205		the council, but not later than the date that the application is filed with 152
193		-	the council, and (C) include: A brief description of the project, including 153 Substitute Bill No. 198
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	206	+	the council, and (C) include: A brief description of the project, including 153
200	207		its location relative to the affected municipality and adjacent streets; a 154
201	208		brief technical description of the project including its proposed length, 155
202	209		voltage, and type and range of heights of support structures or 156
203	210		underground configuration; the reason for the project; the address and 157
204	211		a toll-free telephone number of the applicant by which additional 158
205	212		information about the project can be obtained; and a statement in print 159
206	213		no smaller than twenty-four-point type size stating "NOTICE OF 160
207	214		PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC 161
208	215		TRANSMISSION LINE". 162
209	216		This act shall take effect as follows and shall amend the following
210	217		sections:
211	218
212	219		Section 1 October 1, 2024 16-50j
213	220		Sec. 2 October 1, 2024 16-50l(b)
214	221
215		-	Statement of ~~Legislative Commissioners~~:
216		-	~~In Section 1(d), "consist of" was changed~~ to ~~"include" for clarity~~.
	222	+	Statement of Purpose:
	223	+	To establish local representation on the Connecticut Siting Council.
217	224
218		-	ENV Joint Favorable Subst. -LCO
	225	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	226	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	227	+	underlined.]
219	228