Connecticut 2025 Regular Session

Connecticut Senate Bill SB00078 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 3855 1 of 6
	3	+
	4	+	LCO No. 3855 1 of 7
4	5
5	6		General Assembly Committee Bill No. 78
6	7		January Session, 2025
7	8		LCO No. 3855
8	9
9	10
10	11		Referred to Committee on ENVIRONMENT
11	12
12	13
13	14		Introduced by:
14	15		(ENV)
	16	+
15	17
16	18
17	19		AN ACT PROVIDING FOR LOCAL REPRESENTATION ON THE
18	20		CONNECTICUT SITING COUNCIL.
19	21		Be it enacted by the Senate and House of Representatives in General
20	22		Assembly convened:
21	23
22	24		Section 1. Section 16-50j of the general statutes is repealed and the 1
23	25		following is substituted in lieu thereof (Effective October 1, 2025): 2
24	26		(a) There is established the Connecticut Siting Council, hereinafter 3
25	27		referred to in this title as the "council", which shall be within the 4
26	28		Department of Energy and Environmental Protection for administrative 5
27	29		purposes only. 6
28	30		(b) Except as provided in subsection (c) of this section, the council 7
29	31		shall consist of: (1) The Commissioner of Energy and Environmental 8
30	32		Protection, or the commissioner's designee; (2) the chairperson of the 9
31	33		Public Utilities Regulatory Authority, or the chairperson's designee; (3) 10
32	34		one designee of the speaker of the House and one designee of the 11
33	35		president pro tempore of the Senate; and (4) five public members, to be 12
34	36		appointed by the Governor, at least two of whom shall be experienced 13
35	37		in the field of ecology, and all five of whom shall, consistent with the 14
36		-	provisions of section 4-9a, have no substantial financial interest in, not 15 Committee Bill No. 78
	38	+	provisions of section 4-9a, have no substantial financial interest in, not 15
	39	+	Committee Bill No. 78
37	40
38	41
39		-	LCO 3855 2 of 6
	42	+	LCO No. 3855 2 of 7
40	43
41	44		be employed in or by, and not be professionally affiliated with any (A) 16
42	45		utility, (B) facility, (C) hazardous waste facility, as defined in section 17
43	46		22a-115, or (D) ash residue disposal area, and shall have had no 18
44	47		professional affiliation with any such utility, facility, hazardous waste 19
45	48		facility or ash residue disposal area for three years preceding such 20
46	49		public member's appointment to the council. 21
47	50		(c) For proceedings under chapter 445, the council shall consist of (1) 22
48	51		the Commissioners of Public Health and Emergency Services and Public 23
49	52		Protection or their designated representatives; (2) the designees of the 24
50	53		speaker of the House of Representatives and the president pro tempore 25
51	54		of the Senate as provided in subsection (b) of this section; (3) the five 26
52	55		public members as provided in subsection (b) of this section; and (4) four 27
53	56		ad hoc members, appointed by the chief elected official of the 28
54	57		municipality each such member represents, three of whom shall be 29
55	58		electors from the municipality in which the proposed facility is to be 30
56	59		located and one of whom shall be an elector from a neighboring 31
57	60		municipality likely to be most affected by the proposed facility. 32
58	61		(d) For any proceeding that occurs on or after the effective date of this 33
59	62		section, in addition to the membership provided for in subsection (b) or 34
60	63		(c) of this section, as applicable, the council shall consist of one elector 35
61	64		from the municipality in which such facility is proposed to be located, 36
62	65		as appointed by the chief elected official of such municipality. In the 37
63	66		event that such facility will be located in two or more municipalities, 38
64	67		one such elector shall be appointed by the applicable regional council of 39
65	68		governments for the affected municipalities. Each such member shall 40
66	69		serve as a nonvoting member for purposes of such proceeding and shall 41
67	70		abide by all applicable rules of confidentiality concerning such 42
68	71		proceeding. 43
69	72		[(d)] (e) For the appointment of ad hoc members in accordance with 44
70	73		subsection (c) of this section, the municipality most affected by the 45
71	74		proposed facility shall be determined by the permanent members of the 46
72	75		council. If any one of the five public members or of the designees of the 47
73		-	~~speaker of the House of Representatives or the president pro tempore of 48~~ Committee Bill No. 78
	76	+	Committee Bill No. 78
74	77
75	78
76		-	LCO 3855 3 of 6
	79	+	LCO No. 3855 3 of 7
77	80
	81	+	speaker of the House of Representatives or the president pro tempore of 48
78	82		the Senate resides (1) in the municipality in which a hazardous waste 49
79	83		facility is proposed to be located for a proceeding concerning a 50
80	84		hazardous waste facility or in which a low-level radioactive waste 51
81	85		facility is proposed to be located for a proceeding concerning a low-level 52
82	86		radioactive waste facility, or (2) in the neighboring municipality likely 53
83	87		to be most affected by the proposed facility, the appointing authority 54
84	88		shall appoint a substitute member for the proceedings on such proposal. 55
85	89		If any appointee is unable to perform such appointee's duties on the 56
86	90		council due to illness, or has a substantial financial or employment 57
87	91		interest which is in conflict with the proper discharge of the appointee's 58
88	92		duties under this chapter, the appointing authority shall appoint a 59
89	93		substitute member for proceedings on such proposal. An appointee 60
90	94		shall report any substantial financial or employment interest which 61
91	95		might conflict with the proper discharge of the appointee's duties under 62
92	96		this chapter to the appointing authority who shall determine if such 63
93	97		conflict exists. If any state agency is the applicant, an appointee shall not 64
94	98		be deemed to have a substantial employment conflict of interest because 65
95	99		of employment with the state unless such appointee is directly 66
96	100		employed by the state agency making the application. Ad hoc members 67
97	101		shall continue their membership until the council issues a letter of 68
98	102		completion of the development and management plan to the applicant. 69
99	103		[(e)] (f) The chairperson of the council shall be appointed by the 70
100	104		Governor from among the five public members appointed by the 71
101	105		Governor, with the advice and consent of the House or Senate, and shall 72
102	106		serve as chairperson at the pleasure of the Governor. 73
103	107		[(f)] (g) The public members of the council, including the chairperson, 74
104	108		the members appointed by the speaker of the House and president pro 75
105	109		tempore of the Senate and the four ad hoc members specified in 76
106	110		subsection (c) of this section, shall be compensated for their attendance 77
107	111		at public hearings, executive sessions, or other council business as may 78
108	112		require their attendance at the rate of two hundred dollars, provided in 79
109	113		no case shall the daily compensation exceed two hundred dollars. 80
110		-	~~[(g)] (h) The council shall employ such employees as may be 81~~ Committee Bill No. 78
	114	+	Committee Bill No. 78
111	115
112	116
113		-	LCO 3855 4 of 6
	117	+	LCO No. 3855 4 of 7
114	118
	119	+	[(g)] (h) The council shall employ such employees as may be 81
115	120		necessary to carry out the provisions of this chapter, and such 82
116	121		employees shall, in the aggregate, have sufficient expertise in 83
117	122		engineering and financial analysis to carry out the provisions of this 84
118	123		chapter. 85
119	124		[(h)] (i) The council shall, in addition to its other duties prescribed in 86
120	125		this chapter, adopt, amend, or rescind suitable regulations to carry out 87
121	126		the provisions of this chapter and the policies and practices of the 88
122	127		council in connection therewith, and appoint and prescribe the duties of 89
123	128		such staff as may be necessary to carry out the provisions of this chapter. 90
124	129		The chairperson of the council, with the consent of five or more other 91
125	130		members of the council, may appoint an executive director, who shall 92
126	131		be the chief administrative officer of the Connecticut Siting Council. The 93
127	132		executive director shall be exempt from classified service. 94
128	133		[(i)] (j) Prior to commencing any hearing pursuant to section 16-50m, 95
129	134		the council shall consult with and solicit written comments from (1) the 96
130	135		Departments of Energy and Environmental Protection, Public Health, 97
131	136		Agriculture, Economic and Community Development and 98
132	137		Transportation and the Council on Environmental Quality, the Public 99
133	138		Utilities Regulatory Authority, the Office of Policy and Management 100
134	139		and the Office of Consumer Counsel, and (2) in a hearing pursuant to 101
135	140		section 16-50m, for a facility described in subdivision (3) of subsection 102
136	141		(a) of section 16-50i, the Department of Emergency Services and Public 103
137	142		Protection, the Department of Administrative Services, the Labor 104
138	143		Department and the Office of Consumer Counsel. Copies of such 105
139	144		comments shall be made available to all parties prior to the 106
140	145		commencement of the hearing. Subsequent to the commencement of the 107
141	146		hearing, said departments, Council on Environmental Quality, 108
142	147		authority and offices may file additional written comments with the 109
143	148		Connecticut Siting Council within such period of time as the 110
144	149		Connecticut Siting Council designates. All such written comments shall 111
145	150		be made part of the record, as provided in section 16-50o. Said 112
146	151		departments, Council on Environmental Quality, authority and offices 113
147		-	shall not enter any contract or agreement with any party to the 114
148		-	proceedings or hearings described in this section or section 16-50p that 115 Committee Bill No. 78
	152	+	Committee Bill No. 78
149	153
150	154
151		-	LCO 3855 5 of 6
	155	+	LCO No. 3855 5 of 7
152	156
	157	+	shall not enter any contract or agreement with any party to the 114
	158	+	proceedings or hearings described in this section or section 16-50p that 115
153	159		requires said departments, Council on Environmental Quality, 116
154	160		authority or offices to withhold or retract comments, refrain from 117
155	161		participating in or withdraw from said proceedings or hearings. 118
156	162		Sec. 2. Subsection (b) of section 16-50l of the general statutes is 119
157	163		repealed and the following is substituted in lieu thereof (Effective October 120
158	164		1, 2025): 121
159	165		(b) Each application shall be accompanied by proof of service of a 122
160	166		copy of such application on: (1) Each municipality in which any portion 123
161	167		of such facility is to be located, both as primarily proposed and in the 124
162	168		alternative locations listed, and any adjoining municipality having a 125
163	169		boundary not more than two thousand five hundred feet from such 126
164	170		facility, which copy shall be served on the chief executive officer of each 127
165	171		such municipality and shall include notice of the date on or about which 128
166	172		the application is to be filed, and the zoning commissions, planning 129
167	173		commissions, planning and zoning commissions, conservation 130
168	174		commissions and inland wetlands agencies of each such municipality, 131
169	175		and the regional councils of governments which encompass each such 132
170	176		municipality; (2) the Attorney General; (3) each member of the 133
171	177		legislature in whose assembly or senate district the facility or any 134
172	178		alternative location listed in the application is to be located; (4) any 135
173	179		agency, department or instrumentality of the federal government that 136
174	180		has jurisdiction, whether concurrent with the state or otherwise, over 137
175	181		any matter that would be affected by such facility; (5) each state 138
176	182		department and agency named in subsection [(i)] (j) of section 16-50j, as 139
177	183		amended by this act; and (6) such other state and municipal bodies as 140
178	184		the council may by regulation designate. A notice of such application 141
179	185		shall be given to the general public, in municipalities entitled to receive 142
180	186		notice under subdivision (1) of this subsection, by the publication of a 143
181	187		summary of such application and the date on or about which it will be 144
182	188		filed. Such notice shall be published under the regulations to be 145
183	189		promulgated by the council, in such form and in such newspapers as 146
	190	+	Committee Bill No. 78
	191	+
	192	+
	193	+	LCO No. 3855 6 of 7
	194	+
184	195		will serve substantially to inform the public of such application and to 147
185	196		afford interested persons sufficient time to prepare for and to be heard 148
186		-	at the hearing prescribed in section 16-50m. Such notice shall be 149 Committee Bill No. 78
187		-
188		-
189		-	LCO 3855 6 of 6
190		-
	197	+	at the hearing prescribed in section 16-50m. Such notice shall be 149
191	198		published in not less than ten-point type. A notice of such an application 150
192	199		for a certificate for a facility described in subdivision (3), (4), (5) or (6) of 151
193	200		subsection (a) of section 16-50i shall also be sent, by certified or 152
194	201		registered mail, to each person appearing of record as an owner of 153
195	202		property which abuts the proposed primary or alternative sites on 154
196	203		which the facility would be located. Such notice shall be sent at the same 155
197	204		time that notice of such application is given to the general public. Notice 156
198	205		of an application for a certificate for a facility described in subdivision 157
199	206		(1) of subsection (a) of section 16-50i shall also be provided to each 158
200	207		electric distribution company customer in the municipality where the 159
201	208		facility is proposed to be placed. Such notice shall (A) be provided on a 160
202	209		separate enclosure with each customer's monthly bill for one or more 161
203	210		months, (B) be provided by the electric distribution company not earlier 162
204	211		than sixty days prior to filing the application with the council, but not 163
205	212		later than the date that the application is filed with the council, and (C) 164
206	213		include: A brief description of the project, including its location relative 165
207	214		to the affected municipality and adjacent streets; a brief technical 166
208	215		description of the project including its proposed length, voltage, and 167
209	216		type and range of heights of support structures or underground 168
210	217		configuration; the reason for the project; the address and a toll-free 169
211	218		telephone number of the applicant by which additional information 170
212	219		about the project can be obtained; and a statement in print no smaller 171
213	220		than twenty-four-point type size stating "NOTICE OF PROPOSED 172
214	221		CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC 173
215	222		TRANSMISSION LINE". 174
216	223		This act shall take effect as follows and shall amend the following
217	224		sections:
218	225
219	226		Section 1 October 1, 2025 16-50j
220	227		Sec. 2 October 1, 2025 16-50l(b)
221	228
222		-	ENV Joint Favorable
	229	+	Committee Bill No. 78
	230	+
	231	+
	232	+	LCO No. 3855 7 of 7
	233	+
	234	+	Statement of Purpose:
	235	+	To provide local representation on the Connecticut Siting Council.
	236	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	237	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	238	+	underlined.]
	239	+
	240	+	Co-Sponsors: SEN. HARDING, 30th Dist.; SEN. GORDON, 35th Dist.
	241	+	REP. BUMGARDNER, 41st Dist.; REP. ANDERSON, 62nd Dist.
	242	+
	243	+	S.B. 78
223	244