Bill Text: CT HB05213 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Siting Council.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-04-28 - File Number 662 [HB05213 Detail]
Download: Connecticut-2010-HB05213-Comm_Sub.html
General Assembly |
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February Session, 2010 |
*_____HB05213ET____032410____* |
AN ACT CONCERNING THE SITING COUNCIL.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 16-50p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(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 deadline for filing an application following the request for proposal process 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);
(B) Not later than one hundred eighty days after the deadline for filing an application following the request for proposal process for a facility described in subdivision (4) of said subsection (a) [,] and an application concerning a facility described in subdivision (3) of said subsection (a), provided the council may extend such [time periods may be extended by the council] period by not more than one hundred eighty days with the consent of the applicant; and
(C) Not later than one hundred eighty days after the filing of an application for a facility described in subdivision (5) or (6) of said subsection (a), provided the council may extend such [time] period [may be extended by the council] 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 (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, electromagnetic fields that, whether alone or cumulatively with other effects, impact on, and conflict with the policies of the state concerning [,] the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and water purity and 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) 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, and (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 [take into consideration] consider, among other things, residential areas, private or public schools, licensed child day care facilities, 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 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 an application that was heard under a consolidated hearing process with other applications that were common to a request for proposal, that the facility proposed in the subject application represents the most appropriate alternative among such applications based on the findings and determinations pursuant to this subsection; [and]
(G) In the case of a facility described in subdivision (6) of subsection (a) of section 16-50i, as amended by this act, 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, or (ii) proposed to be installed on land near a school, as defined in section 10-154a, that the facility will not be less than seven hundred fifty feet from such school; and
(H) That it has considered the manufacturer's recommended safety standards for any equipment, machinery or technology.
(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, as amended by this act, the council shall examine, in addition to its consideration of subdivisions (1) to [(5)] (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 [which] 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, [and] (C) whether the proposed facility would be located in an area of the state which the council, in consultation with the Department of 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 technological options designed 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, or (iii) the proposed facility would substantially affect the scenic quality of its location and no public safety concerns require that the proposed facility be constructed in such a location.
(2) When issuing a certificate for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, as amended by this act, 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 [which] 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 [which] it deems necessary to compel compliance with the certificate, which [orders] 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.
(c) (1) The council shall not grant a certificate for a facility described in subdivision (3) of subsection (a) of section 16-50i, as amended by this act, either as proposed or as modified by the council, unless it finds and determines a public benefit for the facility and considers public safety issues and, as practicable, neighborhood concerns.
(2) The council shall not grant a certificate for a facility described in subdivision (1) of subsection (a) of section 16-50i, [which] as amended by this act, that is substantially underground or underwater except where such [facilities interconnect] facility interconnects with existing overhead facilities, either as proposed or as modified by the council, unless it finds and determines a public benefit for [the facility, in the case of such facility that is] a facility substantially underground [, and] or a public need for [such facility, in the case of such facility that is] a facility substantially underwater.
(3) For purposes of [subparagraph (A) of] this [subdivision] section, a public benefit exists [if such] 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 [if such] 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] that proposes the underground burial of such line in all residential areas and overhead installation of such line in industrial and open space areas [affected by such proposal] 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.
(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 [, and persons residing or located in such municipalities,] affected by the modification and the residents of such municipalities shall have had notice of the application [as provided in] pursuant to subsection (b) of section 16-50l.
(e) In an amendment proceeding, the council shall render a decision [within] not later than ninety days of 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) [A] The council shall serve a copy of the order and opinion issued therewith [shall be served] upon each party and publish a notice of the issuance of the order and opinion [shall be published] 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 [making its decision as to] deciding whether [or not] to issue a certificate, the council shall in no way be limited by [the fact that] the applicant [may] already [have] having acquired land or an interest therein for the purpose of constructing the facility [which] that is the subject of its application.
[(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)] (h) For a facility described in subdivision (1) of subsection (a) of section 16-50i, as amended by this act, with a capacity of not less than three hundred forty-five kilovolts, [or greater, there] the presumption shall be [a presumption] that a proposal to place the overhead portions, if any, of such facility adjacent to residential areas, private or public schools, licensed child day care facilities, 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 [it] burying the facility will be technologically infeasible. [to bury the facility.] 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.
(i) If, upon a motion of a party or intervenor or on its own motion, the council determines that any party has intentionally omitted or misrepresented a material fact in its application or petition for declaratory ruling, the council may, by majority vote, request the Attorney General to bring a civil action. 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. 2. Section 16-50gg of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
When notifying a municipality pursuant to section 16-50l, as amended by this act, of an application for a telecommunications tower in said 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 council may consider regional location preferences from neighboring municipalities.
Sec. 3. Section 16-50i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
As used in this chapter:
(a) "Facility" means: (1) An electric transmission line of a design capacity of sixty-nine kilovolts or more, including associated equipment but not including a transmission line tap, as defined in subsection (e) of this section; (2) a fuel transmission facility, except a gas transmission line having a design capability of less than two hundred pounds per square inch gauge pressure or having a design capacity of less than twenty per cent of its specified minimum yield strength; (3) any electric generating or storage facility using any fuel, including nuclear materials, including associated equipment for furnishing electricity but not including an emergency generating device, as defined in subsection (f) of this section or a facility (i) owned and operated by a private power producer, as defined in section 16-243b, (ii) which is a qualifying small power production facility or a qualifying cogeneration facility under the Public Utility Regulatory Policies Act of 1978, as amended, or a facility determined by the council to be primarily for a producer's own use, and (iii) which has, in the case of a facility utilizing renewable energy sources, a generating capacity of one megawatt of electricity or less, in the case of a fuel cell, a generating capacity of one megawatt or higher or that operates at natural gas pressures in excess of one hundred fifty pounds per square inch, and, in the case of a facility utilizing cogeneration technology, a generating capacity of twenty-five megawatts of electricity or less; (4) any electric substation or switchyard designed to change or regulate the voltage of electricity at sixty-nine kilovolts or more or to connect two or more electric circuits at such voltage, which substation or switchyard may have a substantial adverse environmental effect, as determined by the council established under section 16-50j, and other facilities which may have a substantial adverse environmental effect as the council may, by regulation, prescribe; (5) such community antenna television towers and head-end structures, including associated equipment, which may have a substantial adverse environmental effect, as said council shall, by regulation, prescribe; (6) such telecommunication towers, including associated telecommunications equipment, owned or operated by the state, a public service company or a certified telecommunications provider or used in a cellular system, as defined in the Code of Federal Regulations Title 47, Part 22, as amended, which may have a substantial adverse environmental effect, as said council shall, by regulation, prescribe; and (7) any component of a proposal submitted pursuant to the request for proposal process;
(b) "Municipality" means a city, town or borough of the state and "municipal" has a correlative meaning;
(c) "Person" means any individual, corporation, limited liability company, joint venture, public benefit corporation, political subdivision, governmental agency or authority, municipality, partnership, association, trust or estate and any other entity, public or private, however organized;
(d) "Modification" means a significant change or alteration in the general physical characteristics of a facility;
(e) "Transmission line tap" means an electrical transmission line not requested by an applicant to be treated as a facility that has the primary function, as determined by the council, of interconnecting a private power producing or cogeneration facility to the electrical power grid serving the state, and does not have a substantial adverse environmental effect, as determined by the council based on a review of the line's proposed purpose, the line's proposed length, the number and type of support structures, the number of manholes required for the proposed line, the necessity of entering a right-of-way including any easements or land acquisition for any construction or maintenance on the proposed line, and any other environmental, health or public safety factor considered relevant by the council;
(f) "Emergency generating device" means an electric generating device with a generating capacity of five megawatts or less, installed primarily for the purpose of producing emergency backup electrical power for not more than five hundred hours per year, and that (1) does not have a substantial adverse environmental effect, as determined by the council, or (2) is owned and operated by an entity other than an electric, electric distribution or gas company or (3) is under construction or in operation prior to May 2, 1989; and
(g) "Request for proposal process" or "request for proposal" means the process set forth in section 16a-7c.
Sec. 4. Subsection (a) of section 16-50k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) Except as provided in subsection (b) of section 16-50z, no person shall exercise any right of eminent domain in contemplation of, commence the preparation of the site for, commence the construction or supplying of a facility, or commence any modification of a facility, that may, as determined by the council, have a substantial adverse environmental effect in the state without having first obtained a certificate of environmental compatibility and public need, hereinafter referred to as a "certificate", issued with respect to such facility or modification by the council. Certificates shall not be required for (1) fuel cells built within the state with a generating capacity of two hundred fifty kilowatts or less, or (2) fuel cells built out of state with a generating capacity of ten kilowatts or less, provided any such fuel cell as described in subdivision (1) or (2) of this section is not rated at one megawatt or higher or does not operate at natural gas pressures in excess of one hundred fifty pounds per square inch. The council shall, upon request, hold a public hearing pursuant to section 16-50m for any application for a certificate or declaratory ruling for any fuel cell. Any facility with respect to which a certificate is required shall thereafter be built, maintained and operated in conformity with such certificate and any terms, limitations or conditions contained therein. Notwithstanding the provisions of this chapter or title 16a, the council shall, in the exercise of its jurisdiction over the siting of generating facilities, approve by declaratory ruling (A) the construction of a facility solely for the purpose of generating electricity, other than an electric generating facility that uses nuclear materials or coal as fuel, at a site where an electric generating facility operated prior to July 1, 2004, (B) the construction or location of any fuel cell, unless the council finds a substantial adverse environmental effect, or of any customer-side distributed resources project or facility or grid-side distributed resources project or facility with a capacity of not more than sixty-five megawatts, as long as such project meets air and water quality standards of the Department of Environmental Protection, and (C) the siting of temporary generation solicited by the Department of Public Utility Control pursuant to section 16-19ss.
Sec. 5. Subdivision (e) of section 16-50l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) Except as provided in subsection (e) of section 16a-7c, at least sixty 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, including a map indicating the area of need. For a facility described in subdivisions (1) to (4), inclusive, of subsection (a) of section 16-50i, as amended by this act, the applicant shall submit to the Connecticut Energy Advisory Board the same information that it provides to a municipality pursuant to this subsection on the same day of the consultation with the municipality. 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. At the time of the consultation, the applicant shall provide the chief elected official with any technical reports concerning the public need, the site selection process and the environmental effects of the proposed facility. 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 sixty days of the initial consultation, the municipality shall issue its recommendations to the applicant. Such recommendations may include an alternative site selection. No later than fifteen days after submitting an application to the council, the applicant shall provide to the council all materials provided to the municipality and a summary of the consultations with the municipality including all recommendations issued by the municipality, including any proposed alternative site selection. If the municipality proposes an alternative site selection, the siting council shall consider such proposal in conjunction with the application as part of its regular approval process.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2010 |
16-50p |
Sec. 2 |
July 1, 2010 |
16-50gg |
Sec. 3 |
July 1, 2010 |
16-50i |
Sec. 4 |
July 1, 2010 |
16-50k(a) |
Sec. 5 |
from passage |
16-50l(e) |
Statement of Legislative Commissioners:
The requirements in section 1(b)(3) were moved into section 1(b)(1)(D) and the requirements in section 1(i) were moved into section 1(c)(1) and section 1(j) was renumbered as section 1(i) for internal consistency and rewritten for accuracy.
ET |
Joint Favorable Subst. |