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General Assembly Substitute Bill No. 7206
January Session, 2025
AN ACT CONCERNING PROCEEDINGS OF THE SITING COUNCIL
AND OTHER REQUIREMENTS CONCERNING CERTAIN UTILITY
EXPENDITURES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16-50n of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) The parties to a certification or amendment proceeding or to a 3
declaratory ruling proceeding shall include: (1) The applicant, certificate 4
holder, or petitioner; (2) each person entitled to receive a copy of the 5
application or resolution under section 16-50l, as amended by this act, if 6
such person has filed with the council a notice of intent to be a party; (3) 7
any domestic or qualified nonprofit corporation or association formed 8
in whole or in part to promote conservation or natural beauty, to protect 9
the environment, personal health or biological values, to preserve 10
historical sites, to promote consumer interests, to represent commercial 11
and industrial groups or to promote the orderly development of the 12
areas in which the facility is to be located, if it has filed with the council 13
a notice of intent to be a party; [and] (4) such other persons as the council 14
may at any time deem appropriate; and (5) the Consumer Counsel, as 15
provided in subsection (b) of this section. 16
(b) The council may permit any person to participate as an intervenor, 17 Substitute Bill No. 7206
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in accordance with the provisions of section 4-177a, in a certification or 18
amendment proceeding or a declaratory ruling proceeding. 19
Notwithstanding the provisions of section 4-177a, for any proceeding 20
pursuant to section 16-50k concerning a facility described in subdivision 21
(1) of subsection (a) of section 16-50i, the council shall grant any person 22
status as an intervenor in such proceeding if such person: (1) Submits a 23
written petition to the council; and (2) is the owner of any property that 24
abuts the proposed facility, or that abuts a right-of-way in which the 25
proposed facility is to be located. The council shall grant party status to 26
the Consumer Counsel in any proceeding of the council that the 27
Consumer Counsel has determined may significantly impact electric 28
rates, upon the request of the Consumer Counsel to participate. 29
(c) The council in its discretion may provide for the grouping of 30
parties and intervenors with the same interests. If such a group does not 31
designate an agent for the service of notice and documents, the council 32
shall designate such an agent, and notice and documents need be served 33
only on the designated agent. Notwithstanding the provisions of this 34
subsection, any party or intervenor who has been included in a group 35
may, at any time by oral or written notice to the council, elect not to be 36
a member of the group to the extent specified in such notice. 37
(d) The Attorney General shall appoint an assistant attorney general 38
or a special assistant attorney general to act as counsel for the 39
Connecticut Siting Council. 40
(e) Upon receipt of the application, the council may employ one or 41
more independent consultants, at the applicant's expense, to study and 42
measure the consequences of the proposed facility on the environment. 43
The council shall direct such consultant or consultants to study any 44
matter that the council deems important to an adequate appraisal of the 45
application. Any such study and any report issued as a result thereof 46
shall be part of the record of the proceeding. 47
(f) Any person may make a limited appearance at a hearing held 48
pursuant to the provisions of section 16-50m, prior thereto or within 49 Substitute Bill No. 7206
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thirty days thereafter, entitling such person to file a statement in writing. 50
At the discretion of the council any person may make a limited 51
appearance at any such hearing to present an oral statement under oath. 52
All papers and matters filed by a person making a limited appearance 53
shall become part of the record. No person making a limited 54
appearance, and not otherwise entitled to be a party, shall be a party or 55
shall have the right to cross-examine witnesses, parties or intervenors. 56
Sec. 2. Subsection (a) of section 16-2a of the general statutes is 57
repealed and the following is substituted in lieu thereof (Effective October 58
1, 2025): 59
(a) There shall be an independent Office of Consumer Counsel, 60
within the Department of Energy and Environmental Protection, for 61
administrative purposes only, to act as the advocate for consumer 62
interests in all matters which may affect Connecticut consumers with 63
respect to public service companies, electric suppliers and certified 64
telecommunications providers, including, but not limited to, rates and 65
related issues, ratepayer-funded programs and matters concerning the 66
reliability, maintenance, operations, infrastructure and quality of 67
service of such companies, suppliers and providers. The Office of 68
Consumer Counsel is authorized to appear in and participate in any 69
regulatory or judicial proceedings, federal or state, in which such 70
interests of Connecticut consumers may be involved, or in which 71
matters affecting utility services rendered or to be rendered in this state 72
may be involved. The Office of Consumer Counsel shall be a party to 73
each contested case before the Public Utilities Regulatory Authority and 74
any proceeding of the Connecticut Siting Council, as described in 75
subsection (b) of section 16-50n, as amended by this act, and shall 76
participate in such cases or proceedings to the extent [it] the Consumer 77
Counsel deems necessary. Said Office of Consumer Counsel may appeal 78
from a decision, order or authorization in any such state regulatory 79
proceeding notwithstanding its failure to appear or participate in said 80
proceeding. 81
Sec. 3. Section 16-50l of the general statutes is amended by adding 82 Substitute Bill No. 7206
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subsection (i) as follows (Effective October 1, 2025): 83
(NEW) (i) Any applicant that submits an initial application under this 84
section for a facility described in subsection (a) of section 16-50i that 85
retains a communicator lobbyist, as defined in section 1-91, for purposes 86
of influencing the public or interested parties concerning such 87
application, shall immediately provide electronic notice of such retainer 88
to (1) the council; (2) the Attorney General; (3) each member of the 89
legislature in whose assembly or senate district the facility or any 90
alternative location listed in the application is to be located; and (4) the 91
chief elected official of the municipality in which any portion of such 92
facility is to be located, both as primarily proposed and in the alternative 93
locations listed, and any adjoining municipality having a boundary not 94
more than two thousand five hundred feet from such facility. 95
Sec. 4. Subdivision (1) of subsection (a) of section 16-50l of the general 96
statutes is repealed and the following is substituted in lieu thereof 97
(Effective October 1, 2025): 98
(1) In the case of facilities described in subdivisions (1), (2) and (4) of 99
subsection (a) of section 16-50i: (A) A description, including estimated 100
costs, of the proposed transmission line, substation or switchyard, 101
covering, where applicable underground cable sizes and specifications, 102
overhead tower design and appearance and heights, if any, conductor 103
sizes, and initial and ultimate voltages and capacities; (B) a statement 104
and full explanation of why the proposed transmission line, substation 105
or switchyard is necessary and how the facility conforms to a long-range 106
plan for expansion of the electric power grid serving the state and 107
interconnected utility systems, that will serve the public need for 108
adequate, reliable and economic service; (C) a map of suitable scale of 109
the proposed routing or site, showing details of the rights-of-way or site 110
in the vicinity of settled areas, parks, recreational areas and scenic areas, 111
residential areas, private or public schools, child care centers, as 112
described in section 19a-77, group child care homes, as described in 113
section 19a-77, family child care homes, as described in section 19a-77, 114
licensed youth camps, and public playgrounds and showing existing 115 Substitute Bill No. 7206
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transmission lines within one mile of the proposed route or site; (D) a 116
justification for adoption of the route or site selected, including 117
comparison with alternative routes or sites which are environmentally, 118
technically and economically practical, and, in the case of a proposed 119
repair, upgrade, replacement or enhancement, detailed studies of 120
alternative solutions to repairing existing electric transmission lines, 121
with consideration of at least one type of electric grid-enhancing 122
technology; (E) a description of the effect of the proposed transmission 123
line, substation or switchyard on the environment, ecology, and scenic, 124
historic and recreational values; (F) a justification for overhead portions, 125
if any, including life-cycle cost studies comparing overhead alternatives 126
with underground alternatives, and effects described in subparagraph 127
(E) of this subdivision of undergrounding; (G) a schedule of dates 128
showing the proposed program of right-of-way or property acquisition, 129
construction, completion and operation and, in the case of any facility 130
described in subdivision (1) of subsection (a) of section 16-50i, or any 131
modification of such a facility, (i) any appraisal completed by an 132
independent appraiser on behalf of the applicant concerning fair 133
compensation that is to be provided to an owner of real property in 134
connection with the necessity of entering a right-of-way, including any 135
easements or land acquisition, and (ii) for property that the applicant 136
does not own, lease or otherwise have access to, the applicant shall 137
exercise due diligence to seek permission to gain access to such 138
property. Evidence of due diligence shall be established by the 139
submission of: (I) Certified mail, return receipt requested, letters sent to 140
the owner or owners of record of such property requesting access to the 141
property; and (II) an affidavit from the applicant stating that the 142
applicant was not provided access to the property and, in the absence of 143
permission to access the property, the applicant made visual inspections 144
of the property to document existing conditions from public rights-of-145
way, existing utility rights-of-way or other accessible properties within 146
or surrounding the proposed facility site; (H) an identification of each 147
federal, state, regional, district and municipal agency with which 148
proposed route or site reviews have been undertaken, including a copy 149
of each written agency position on such route or site; [and] (I) an 150 Substitute Bill No. 7206
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assessment of the impact of any electromagnetic fields to be produced 151
by the proposed transmission line; (J) data for the preceding two years, 152
by quarter, regarding the earned and authorized return on equity on 153
related projects subject to the jurisdiction of the council; (K) an estimate 154
of the return on investment for the proposed facility that is the subject 155
of such application, and (L) an estimate of the impact of the proposed 156
transmission line, substation or switchyard on regional network service 157
and local network service rates for electric distribution companies, and 158
accompanying calculations, including any underlying assumptions for 159
such estimate; 160
Sec. 5. Subdivision (3) of subsection (a) of section 16-50l of the general 161
statutes is repealed and the following is substituted in lieu thereof 162
(Effective October 1, 2025): 163
(3) In addition to the requirements of subdivisions (1) and (2) of this 164
subsection, in the case of any facility described in subdivision (1) of 165
subsection (a) of section 16-50i, or any modification of such a facility: (A) 166
A description of the estimated initial and life-cycle costs for the facility 167
or modification, as applicable, and for each feasible and practical 168
alternative; (B) an estimate of the regionalized and localized costs for the 169
facility or modification, as applicable, and for each feasible and practical 170
alternative, in accordance with the regional independent system 171
operator's procedure for pool-supported pool transmission facilities 172
cost review, or a successor procedure; (C) for any difference between the 173
estimated total costs and estimated localized costs, an analysis of the 174
benefits associated with such cost difference; (D) not later than thirty 175
days after the filing of the application, a detailed analysis from an 176
independent engineer selected by the council of any nontransmission 177
alternatives to the proposed facility or proposed modification, as 178
applicable; and (E) (i) for the ten-year period preceding the date of the 179
application, the actual loads for existing transmission lines in the area 180
where the proposed [transmission line] facility is to be located, (ii) for 181
the ten-year period following the date of the application, the projected 182
load for any proposed transmission line, (iii) for the ten-year period 183
preceding the date of application, the performance of all electric circuits 184 Substitute Bill No. 7206
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for existing transmission lines in the area where the proposed 185
transmission line is to be located, including a description of all service 186
outages or disruptions, any cause for such outage or disruption and the 187
time required to restore service following such outages or disruptions, 188
and (iv) a statement of loads and resources, as described in subsection 189
(a) of section 16-50r, and all planning studies conducted by the regional 190
independent system operator or the applicant associated with the 191
proposed facility. 192
Sec. 6. Section 16-19d of the general statutes is repealed and the 193
following is substituted in lieu thereof (Effective October 1, 2025): 194
(a) As used in this section: 195
(1) "Advertising" means the commercial use of any media, including, 196
but not limited to, newspaper and all other forms of print, radio, [and] 197
television and Internet, in order to transmit a message to a substantial 198
number of members of the public or customers of a public service 199
company; 200
(2) "Political advertising" means any advertising for the purpose of 201
influencing public opinion with respect to any legislative, 202
administrative or electoral decision or with respect to any controversial 203
issue of public importance; 204
(3) "Institutional advertising" means any advertising which is 205
designed to create, enhance or sustain a public service company's image 206
or good will with regard to the general public or its customers; 207
(4) "Promotional advertising" means any advertising that has the 208
purpose of inducing the public to select or use the service or additional 209
service of a public service company or select or install any appliance or 210
equipment designed to use such service, provided such advertising 211
shall not include advertising authorized by order or regulation of the 212
Public Utilities Regulatory Authority. 213
(b) The cost of political, institutional or promotional advertising of 214 Substitute Bill No. 7206
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any gas company or electric distribution company and the cost of 215
political or institutional advertising of any telephone company shall not 216
be deemed to be an operating expense in any rate schedule proceedings 217
held pursuant to section 16-19. For the purposes of this section, political, 218
institutional or promotional advertising shall not be deemed to include 219
reasonable expenditures for (1) the publication or distribution of 220
existing or proposed tariffs or rate schedules; (2) notices required by law 221
or regulation; (3) public information regarding service interruptions, 222
safety measures, emergency conditions, employment opportunities or 223
the means by which customers can conserve energy or make efficient 224
and economical use of service; (4) the promotion or marketing of 225
efficient gas and electric equipment which the Public Utilities 226
Regulatory Authority determines: (A) Is consistent with the state's 227
energy policy; (B) is consistent with integrated resource planning 228
principles; (C) provides net economic benefit to such company's 229
customers; and (D) shall not have the primary purpose of promoting 230
one fuel over another; or (5) advertising by a gas company that is 231
necessary as a result of competition created by actions and decisions of 232
the Federal Energy Regulatory Commission and the Public Utilities 233
Regulatory Authority. Such advertising shall be limited to the express 234
purpose of promoting gas companies in competition with other 235
providers and marketers of natural gas. Such advertising shall not 236
include any promotions, cash, equipment, installation or service 237
subsidies for the conversion to natural gas from any other energy 238
source. 239
(c) A public service company shall [make application] apply to the 240
authority for determination that equipment meets the requirements of 241
subdivision (4) of subsection (b) of this section. The authority shall, to 242
the extent practicable, make such determination within one hundred 243
twenty days of such filing. All reasonable and proper expenses, required 244
by the authority and the Office of Consumer Counsel, including, but not 245
limited to, the costs associated with analysis, testing, evaluation and 246
testimony at a public hearing or other proceeding, shall be borne by the 247
company and shall be paid by the company at such times and in such 248 Substitute Bill No. 7206
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manner as the authority directs. 249
(d) The authority shall not allocate any expenditures made by a gas 250
company pursuant to subdivision (5) of subsection (b) of this section to 251
residential customers in any rate schedule proceedings held pursuant to 252
section 16-19 unless the authority finds that effective competition in the 253
residential gas market already exists. 254
(e) The authority shall adopt regulations to carry out the purposes of 255
subsections (a) and (b) of this section. 256
(f) Each gas or electric distribution company shall conspicuously 257
indicate in all of its advertising whether the costs of the advertising are 258
being paid for by the company's shareholders, its customers or both. 259
Sec. 7. Section 16-243gg of the general statutes is repealed and the 260
following is substituted in lieu thereof (Effective October 1, 2025): 261
(a) No electric distribution company, gas company, pipeline 262
company or water company [, as such terms are defined in section 16-263
1,] shall recover through rates any direct or indirect cost associated with 264
membership, dues, sponsorships or contributions to a business or 265
industry trade association, group or related entity incorporated under 266
Section 501 of the Internal Revenue Code of 1986, or any subsequent 267
corresponding internal revenue code of the United States, as amended 268
from time to time. 269
(b) No electric distribution company, gas company, pipeline 270
company or water company, as such terms are defined in section 16-1, 271
shall recover through rates any direct or indirect cost associated with 272
lobbying or legislative action, as such terms are defined in section 1-91. 273
(c) No electric distribution company, gas company, pipeline 274
company or water company [, as such terms are defined in section 16-275
1,] shall recover through rates any direct or indirect cost associated with 276
advertising, marketing, communications that seek to influence public 277
opinion or any other related costs identified by the authority, unless 278 Substitute Bill No. 7206
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such marketing, advertising, communications or related costs are 279
specifically approved or ordered by the authority or the Department of 280
Energy and Environmental Protection. 281
(d) No electric distribution company, gas company, pipeline 282
company or water company [, as such terms are defined in section 16-283
1,] shall recover through rates any direct or indirect cost associated with 284
(1) travel, lodging or food and beverage expenses for such company's 285
board of directors and officers or the board of directors and officers of 286
such company's parent company; (2) entertainment or gifts; (3) any 287
owned, leased or chartered aircraft for such company's board of 288
directors and officers or the board of directors and officers of such 289
company's parent company; or (4) investor relations. 290
(e) No electric distribution company shall recover through rates any 291
direct or indirect cost associated with (1) promoting the company's 292
application before the Connecticut Siting Council, including, but not 293
limited to, consulting, data and analytics, franking, fundraising, market 294
research, community engagement and Internet web site development, 295
or (2) preparing for a proceeding before the Connecticut Siting Council, 296
including any appeal from a proceeding of the council. 297
[(e)] (f) On or before January 15, 2024, and annually thereafter, each 298
electric distribution company, gas company, pipeline company or water 299
company [, as such terms are defined in section 16-1,] with more than 300
seventy-five thousand customers shall report to the authority an 301
itemized list of costs associated with the activities described in this 302
section and subsection (b) of section 16-243p in a form prescribed by the 303
authority. Such report shall include, but need not be limited to: (1) Any 304
costs spent by the parent company or affiliates of the public service 305
company directly billed or allocated to the public service company; (2) 306
a list of the title, job description and salary of any employees of the 307
public service company who performed work associated with the 308
activities described in this section or in subsection (b) of section 16-243p 309
and the hours attributed to such work; (3) a list of the title, job 310
description and salary of any employees of the parent company or 311 Substitute Bill No. 7206
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affiliate who performed work associated with the activities described in 312
this section or in subsection (b) of section 16-243p and the hours 313
attributed to such work that were directly billed or allocated to the 314
public service company; (4) an itemized list of costs that the public 315
service company made to all third-party vendors for any expenses 316
associated with the activities described in this section or in subsection 317
(b) of section 16-243p including unredacted billing amounts, billing 318
dates, payees and explanation of the expenditure in detail sufficient to 319
describe the purpose of the cost; and (5) any other itemized information 320
deemed relevant by the authority. No electric distribution company, gas 321
company, pipeline company or water company [, as such terms are 322
defined in section 16-1,] shall recover through rates any costs associated 323
with the preparation of such report. 324
Sec. 8. Subsection (g) of section 16-50j of the general statutes is 325
repealed and the following is substituted in lieu thereof (Effective October 326
1, 2025): 327
(g) The council shall employ such employees as may be necessary to 328
carry out the provisions of this chapter, and such employees shall, in the 329
aggregate, have sufficient expertise in engineering and financial 330
analysis to carry out the provisions of this chapter, provided the council 331
shall employ at least one employee dedicated to facilitating the 332
engagement of interested parties in a proceeding and providing a plain 333
language summary of proceedings. 334
Sec. 9. Subsection (a) of section 16-245l of the general statutes is 335
repealed and the following is substituted in lieu thereof (Effective October 336
1, 2025): 337
(a) The Public Utilities Regulatory Authority shall establish, and each 338
electric distribution company shall collect, a systems benefits charge to 339
be imposed against all end use customers of each electric distribution 340
company beginning January 1, 2000. The authority shall hold a hearing 341
that shall be conducted as a contested case in accordance with chapter 342
54 to establish the amount of the systems benefits charge. The authority 343 Substitute Bill No. 7206
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may revise the systems benefits charge or any element of said charge as 344
the need arises. Commencing on July 1, 2015, and annually thereafter, 345
the sum of two million one hundred thousand dollars shall be 346
transferred from the systems benefits charge to Operation Fuel, 347
Incorporated, for energy assistance, provided two hundred thousand 348
dollars of such sum may be used for administrative purposes. The 349
systems benefits charge shall also be used to fund (1) the expenses of the 350
public education outreach program developed under section 16-244d 351
other than expenses for authority staff, (2) the cost of hardship 352
protection measures under sections 16-262c and 16-262d and other 353
hardship protections, including, but not limited to, electric service bill 354
payment programs, funding and technical support for energy 355
assistance, fuel bank and weatherization programs and weatherization 356
services, (3) the payment program to offset tax losses described in 357
section 12-94d, (4) any sums paid to a resource recovery authority 358
pursuant to subsection (b) of section 16-243e, (5) low income 359
conservation programs approved by the Public Utilities Regulatory 360
Authority, (6) displaced worker protection costs, (7) unfunded storage 361
and disposal costs for spent nuclear fuel generated before January 1, 362
2000, approved by the appropriate regulatory agencies, (8) 363
postretirement safe shutdown and site protection costs that are incurred 364
in preparation for decommissioning, (9) decommissioning fund 365
contributions, (10) costs associated with the Connecticut electric 366
efficiency partner program established pursuant to section 16-243v, (11) 367
reinvestments and investments in energy efficiency programs and 368
technologies pursuant to section 16a-38l, costs associated with the 369
electricity conservation incentive program established pursuant to 370
section 119 of public act 07-242, (12) legal, appraisal and purchase costs 371
of a conservation or land use restriction and other related costs as the 372
authority in its discretion deems appropriate, incurred by a 373
municipality on or before January 1, 2000, to ensure the environmental, 374
recreational and scenic preservation of any reservoir located within this 375
state created by a pump storage hydroelectric generating facility, [and] 376
(13) the residential furnace and boiler replacement program pursuant to 377
subsection (k) of section 16-243v, and (14) costs associated with hiring 378 Substitute Bill No. 7206
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employees for the Office of the Consumer Counsel to enable the office 379
to participate in proceedings of the Connecticut Siting Council that the 380
Consumer Counsel has determined may significantly impact electric 381
rates. As used in this subsection, "displaced worker protection costs" 382
means the reasonable costs incurred, prior to January 1, 2008, (A) by an 383
electric supplier, exempt wholesale generator, electric company, an 384
operator of a nuclear power generating facility in this state or a 385
generation entity or affiliate arising from the dislocation of any 386
employee other than an officer, provided such dislocation is a result of 387
(i) restructuring of the electric generation market and such dislocation 388
occurs on or after July 1, 1998, or (ii) the closing of a Title IV source or 389
an exempt wholesale generator, as defined in 15 USC 79z-5a, on or after 390
January 1, 2004, as a result of such source's failure to meet requirements 391
imposed as a result of sections 22a-197 and 22a-198 and this section or 392
those Regulations of Connecticut State Agencies adopted by the 393
Department of Energy and Environmental Protection, as amended from 394
time to time, in accordance with Executive Order Number 19, issued on 395
May 17, 2000, and provided further such costs result from either the 396
execution of agreements reached through collective bargaining for 397
union employees or from the company's or entity's or affiliate's 398
programs and policies for nonunion employees, and (B) by an electric 399
distribution company or an exempt wholesale generator arising from 400
the retraining of a former employee of an unaffiliated exempt wholesale 401
generator, which employee was involuntarily dislocated on or after 402
January 1, 2004, from such wholesale generator, except for cause. 403
"Displaced worker protection costs" includes costs incurred or projected 404
for severance, retraining, early retirement, outplacement, coverage for 405
surviving spouse insurance benefits and related expenses. 406
Sec. 10. Subsection (e) of section 16-2a of the general statutes is 407
repealed and the following is substituted in lieu thereof (Effective October 408
1, 2025): 409
(e) The Consumer Counsel shall hire such staff as necessary to 410
perform the duties of said Office of Consumer Counsel, including, but 411
not limited to, a public utilities engineer, public utilities examiner, staff 412 Substitute Bill No. 7206
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attorney and communications and outreach associate, and may employ 413
from time to time outside consultants knowledgeable in the utility 414
regulation field including, but not limited to, economists, capital cost 415
experts, [and] rate design experts and engineers. Any staff hired or 416
consultant employed to perform the duties associated with the 417
Consumer Counsel's party status to certain proceedings of the 418
Connecticut Siting Council shall be funded by the systems benefits 419
charge imposed under section 16-245l, as amended by this act. The 420
salaries and qualifications of the individuals so hired shall be 421
determined by the Commissioner of Administrative Services pursuant 422
to section 4-40. 423
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 16-50n
Sec. 2 October 1, 2025 16-2a(a)
Sec. 3 October 1, 2025 16-50l(i)
Sec. 4 October 1, 2025 16-50l(a)(1)
Sec. 5 October 1, 2025 16-50l(a)(3)
Sec. 6 October 1, 2025 16-19d
Sec. 7 October 1, 2025 16-243gg
Sec. 8 October 1, 2025 16-50j(g)
Sec. 9 October 1, 2025 16-245l(a)
Sec. 10 October 1, 2025 16-2a(e)
Statement of Legislative Commissioners:
In Section 2(a), ", as described in subsection (b) of section 16-50n, as
amended by this act" was added for consistency.
GAE Joint Favorable Subst.