Sec. 16-50j. Connecticut Siting Council. Membership. Regulations. Consultation with state agencies.
Sec. 16-50bb. Municipal participation account.
Sec. 16-50mm. Advanced conductors and grid-enhancing technology in proposed projects. Reports.
Sec. 16-50j. Connecticut Siting Council. Membership. Regulations. Consultation with state agencies. (a) There is established the Connecticut Siting Council, hereinafter referred to in this chapter as the “council”, which shall be within the Department of Energy and Environmental Protection for administrative purposes only.
(b) Except as provided in subsection (c) of this section, the council shall consist of: (1) The Commissioner of Energy and Environmental Protection, or 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, to be appointed by the Governor, at least two of whom shall be experienced in the field of ecology, 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, (B) facility, (C) hazardous waste facility, as defined in section 22a-115, or (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, 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 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.
(d) For the appointment of ad hoc members in accordance with 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 or of the designees of the speaker of the House of Representatives or the president pro tempore of the Senate resides (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 (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 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 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 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 continue their membership until the council issues a letter of completion of the development and management plan to the applicant.
(e) The chairperson of the council shall be appointed by the Governor from among the five public members appointed by the Governor, with the advice and consent of the House or Senate, and shall serve as chairperson at the pleasure of the Governor.
(f) The public members of the council, including the 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.
(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 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.
(i) Prior to commencing any hearing pursuant to section 16-50m, the council shall consult with and solicit written comments from (1) the Departments of Energy and Environmental Protection, Public Health, Agriculture, Economic and Community Development and Transportation and the Council on Environmental Quality, the Public 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, 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, Council on Environmental Quality, authority and offices may file additional written comments with the Connecticut Siting Council within such period of time as the Connecticut Siting Council designates. All such written comments shall be made part of the record, as provided in section 16-50o. Said departments, 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 that requires said departments, Council on Environmental Quality, authority or offices to withhold or retract comments, refrain from participating in or withdraw from said proceedings or hearings.
(1971, P.A. 575, S. 4; 1972, P.A. 228; June, 1972, P.A. 1, S. 18; P.A. 73-458, S. 2; P.A. 75-375, S. 2, 12; P.A. 76-282, S. 1, 3; 76-319, S. 1, 2; P.A. 77-223, S. 1, 2; 77-614, S. 19, 155, 162, 284, 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 87, 348; P.A. 81-369, S. 3, 20; P.A. 82-209, S. 2, 3; P.A. 83-569, S. 3, 17; P.A. 86-336, S. 1, 19; P.A. 87-540, S. 24, 26; P.A. 88-102, S. 1, 2; 88-161, S. 1, 2; 88-361, S. 23, 29; P.A. 89-384, S. 11, 15; P.A. 93-381, S. 9, 39; P.A. 95-250, S. 1; 95-257, S. 12, 21, 58; P.A. 96-211, S. 1, 5, 6; P.A. 03-263, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(g); P.A. 04-189, S. 1; 04-236, S. 2; P.A. 06-76, S. 5; P.A. 07-222, S. 8; P.A. 08-124, S. 5; P.A. 11-51, S. 134; 11-80, S. 1, 32; 11-101, S. 2; June 12 Sp. Sess. P.A. 12-2, S. 106; P.A. 13-5, S. 4; 13-247, S. 221; P.A. 14-94, S. 11; 14-134, S. 8; P.A. 21-37, S. 1; P.A. 24-144, S. 2; P.A. 25-122, S. 1.)
History: 1972 acts replaced reference to administrative head of projected environment department and of department of agriculture and natural resources with commissioner of environmental protection and included members appointed by house speaker and senate president pro tem in compensation provision under Subsec. (d), replaced water resources, clean air and state park and forest commissions and board of fisheries and game with department of environmental protection and deleted “if and when established” referring to council on environmental quality in Subsec. (f); P.A. 73-458 required that council consult with public utilities and Connecticut development commissions and with office of state planning and added provision re continued responsibility of environmental protection department in Subsec. (f); P.A. 75-375 substituted Sec. 16-50m for 16-50p, required that copies of comments be available to parties before hearing and provided for additional written comments; P.A. 76-282 added reference to compensation for “such other council business as may require their attendance” in Subsec. (d); P.A. 76-319 replaced public utilities control commission with public utilities control authority pursuant to requirement of P.A. 75-486 and office of state planning with department of planning and energy policy and substituted “solicit written comments” for “obtain in writing the comments” in Subsec. (f); P.A. 77-223 required council to consult with department of transportation in Subsec. (f); P.A. 77-614 and P.A. 78-303 replaced department of planning and energy policy with office of policy and management and, effective January 1, 1979, replaced department of commerce with department of economic development, replaced public utilities control authority with division of public utility control within the department of business regulation, and replaced department of health with department of health services; P.A. 80-482 made division of public utility control an independent department and deleted reference to abolished department of business regulation; P.A. 81-369 replaced power facility evaluation council with Connecticut Siting Council, inserted new Subsec. (c) re council as constituted for proceedings under Ch. 445, redesignating remaining Subsecs. accordingly and required compensation for ad hoc members; P.A. 82-209 amended Subsec. (c) to add provisions re determination of conflict of interest and re appointment of substitute member where conflict of interest exists; P.A. 83-569 increased members compensation for hearings to $100 and limited annual compensation for hearings to not more than $4,000; P.A. 86-336 amended Subsec. (e) to increase maximum annual compensation from $4,000 to $8,000; P.A. 87-540 added references to regional low-level radioactive waste facility, effective upon designation of Connecticut as a host state by the Northeast Interstate Low-Level Radioactive Waste Commission, i.e. December 23, 1987; P.A. 88-102 added a provision to Subsec. (f) which enabled the Connecticut Siting Council to appoint an executive director and provided that the executive director shall be exempt from classified service; P.A. 88-161 amended Subsec. (e) to authorize compensation for a member's attendance at executive sessions or other council business which requires attendance, to increase daily compensation to $150 and to increase annual compensation to a maximum of $12,000; P.A. 88-361 made technical changes in Subsec. (c); P.A. 89-384 authorized selection of public member who is affiliated with an ash residue disposal area and inserted new Subsec. (d) re proceedings under Secs. 22a-285d to 22a-285h, inclusive, relettering former Subsecs. (d) to (g) accordingly; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; (Revisor's note: The Revisors editorially changed a reference in Subsec. (d) from “municipality in which a ash residue disposal area …” to “municipality in which an ash residue disposal area …”, to correct a clerical error); P.A. 03-263 amended Subsec. (h) to include the Department of Agriculture as a department to be consulted prior to the council commencing any hearing pursuant to Sec. 16-50m and to prohibit departments, council and commissions from entering any contract or agreement with any party to proceeding or hearing that requires such entity to withhold or retract comments, refrain from participation in or withdraw from proceeding or the hearing, effective July 9, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 04-236 made technical changes in Subsec. (h), effective June 8, 2004; P.A. 06-76 amended both Subsecs. (b) and (c) to delete references to Secs. 22a-134cc, 22a-134ff and 22a-163 to 22a-163u, inclusive, deleted reference to regional low-level radioactive waste facility in Subsec. (b) and made technical changes in Subsec. (c); P.A. 07-222 amended Subsec. (f) to increase compensation rate from $150 to $200 and eliminate annual cap of $12,000, effective July 1, 2007; P.A. 08-124 made technical changes in Subsec. (b), effective June 2, 2008; pursuant to P.A. 11-51, “Commissioner of Emergency Management and Homeland Security” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (h), effective July 1, 2011; P.A. 11-80 amended Subsec. (a) to place the council within Department of Energy and Environmental Protection for administrative purposes, rather than within Department of Public Utility Control, amended Subsec. (b)(1) to change “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection”, amended Subsec. (b)(2) to change “chairman, or his designee, of the Public Utilities Control Authority” to “chairperson of the Public Utilities Regulatory Authority or the chairperson's designee”, and amended Subsec. (h) to change “Department of Environmental Protection” to “Department of Energy and Environmental Protection” and “Department of Public Utility Control” to “Public Utilities Regulatory Authority”, effective July 1, 2011; P.A. 11-101 amended Subsec. (h) to designate existing provision re consultation with certain state agencies as Subdiv. (1) and add Subdiv. (2) re consultation with certain state agencies for a hearing concerning a facility described in Sec. 16-50i(a)(3), effective July 8, 2011; June 12 Sp. Sess. P.A. 12-2 replaced references to Commissioner of Public Safety with references to Commissioner of Emergency Services and Public Protection in Subsecs. (c)(1) and (d)(1) and deleted reference to Department of Public Safety in Subsec. (h)(2), effective June 15, 2012; P.A. 13-5 amended Subsec. (h) to make a technical change, effective May 8, 2013; P.A. 13-247 amended Subsec. (h) to change “Department of Public Works” to “Department of Administrative Services”, effective July 1, 2013; P.A. 14-94 deleted former Subsec. (d) re membership of the council for proceedings under Secs. 22a-285d to 22a-285h, and redesignated existing Subsecs. (e) to (h) as Subsecs. (d) to (g), effective June 6, 2014; P.A. 14-134 amended Subsec. (h) by deleting provision re applications within the jurisdiction of department prior to October 1, 1973, effective June 6, 2014; P.A. 21-37 amended Subsec. (g)(2) to delete reference to Department of Consumer Protection, effective June 4, 2021; P.A. 24-144 amended Subsec. (b) to replace provision re not more than 1 member having a past or present affiliation with utility, facility, hazardous waste facility or ash residue disposal area with provision re all 5 members having no substantial financial interest, employment in or by or professional affiliation with same, designated existing provisions re appointment of ad hoc members as Subsec. (d) and amended same by redesignating Subparas. (A) and (B) as Subdivs. (1) and (2), redesignated existing Subsecs. (d) and (e) as Subsecs. (e) and (f), added new Subsec. (g) re employee experience in engineering and financial analysis, redesignated existing Subsecs. (f) and (g) as Subsecs. (h) and (i), amended redesignated Subsec. (i) by adding Office of Consumer Counsel to lists of agencies required to be consulted, and made technical and conforming changes; P.A. 25-122 relaced “this title” with “this chapter” in Subsec. (a).
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 16-50k. Certificate of environmental compatibility and public need. Transfer. Amendment. Excepted matters. Waiver. (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. 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, and (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: (i) Such project meets air and water quality standards of the Department of Energy and Environmental Protection, (ii) the council does not find a substantial adverse environmental effect, and (iii) for a solar photovoltaic facility with a capacity of two or more megawatts, to be located on prime farmland or forestland, excluding any such facility that was selected by the Department of Energy and Environmental Protection in any solicitation issued prior to July 1, 2017, pursuant to section 16a-3f, 16a-3g or 16a-3j, the Department of Agriculture represents, in writing, to the council that such project will not materially affect the status of such land as prime farmland or the Department of Energy and Environmental Protection represents, in writing, to the council that such project will not materially affect the status of such land as core forest. In conducting an evaluation of a project for purposes of subparagraph (B)(iii) of this subdivision, the Departments of Agriculture and Energy and Environmental Protection may consult with the United States Department of Agriculture and soil and water conservation districts. In addition to all other requirements for the issuance of a certificate, the council shall not issue a certificate for a facility described in subparagraph (B)(iii) of this subdivision unless the applicant for such certificate furnishes a bond to cover all costs associated with the decommissioning of such facility and the restoration of such prime farmland, including, but not limited to, an inspection by a qualified soil scientist or other agricultural soils professional to assess and assure that the soils of such prime farmland are restored and will be suitable for farming. Such an assessment shall include, but need not be limited to, consideration of topsoil and subsoil depths, soil compaction, alteration in surface and subsurface drainage, erosion and sedimentation control measures and soil fertility. Such decommissioning bond requirement shall also apply to any such two-megawatt or more solar photovoltaic facility that is approved by declaratory ruling.
(b) A certificate may be transferred, subject to the approval of the council, to a person who agrees to comply with the terms, limitations and conditions contained therein. The council shall not approve any such transfer if it finds that such transfer was contemplated at or prior to the time the certificate was issued and such fact was not adequately disclosed during the certification proceeding.
(c) A certificate issued pursuant to this chapter may be amended as provided in this chapter.
(d) This chapter shall apply to any facility described in subdivisions (1) to (3), inclusive, of subsection (a) of section 16-50i, the construction of which is commenced on or after April 1, 1972, and to any such facility the construction of which is approved by a municipality that has commenced the sale of bonds or bond anticipation notes on or after April 1, 1972, the proceeds or part of the proceeds of which are to finance such construction. This chapter shall apply to any facility described in subdivision (4) of said subsection (a) of section 16-50i, the construction of which is commenced on or after July 1, 1983, and to any such facility the construction of which is approved by a municipality that has commenced the sale of bonds or bond anticipation notes on or after July 1, 1983, the proceeds or part of the proceeds of which are to finance such construction. This chapter shall apply to any facility described in subdivisions (5) and (6) of said subsection, the construction of which is commenced on or after October 1, 1977, and to any such facility the construction of which is approved by a municipality that has commenced the sale of bonds or bond anticipation notes on or after October 1, 1977, the proceeds or part of the proceeds of which are to finance such construction. This chapter shall apply to the modification of a facility described in subdivisions (1) to (3), inclusive, of said subsection (a) for which construction is commenced on or after April 1, 1972, modifications of a facility described in subdivision (4) of said subsection (a) for which construction is commenced on or after July 1, 1983, and modifications of a facility described in subdivisions (5) and (6) of said subsection (a) of section 16-50i, for which construction is commenced on or after October 1, 1977, whenever such modification either alone or in combination with existing or other proposed facility modifications may, as determined by the council, have a substantial adverse environmental effect. This chapter shall not apply to any matter over which any agency, department or instrumentality of the federal government has exclusive jurisdiction, or has jurisdiction concurrent with that of the state and has exercised such jurisdiction, to the exclusion of regulation of such matter by the state.
(e) Any person intending to construct a facility excluded from one or more provisions of this chapter may, to the extent permitted by law, elect to waive such exclusion by delivering notice of such waiver to the council. Such provisions shall thereafter apply to each facility identified in such notice from the date of its receipt by the council.
(1971, P.A. 575, S. 5; P.A. 73-458, S. 3; P.A. 76-359, S. 4, 7; P.A. 77-218, S. 3; P.A. 83-569, S. 15, 17; P.A. 98-28, S. 49, 117; P.A. 00-93; P.A. 01-49, S. 7; P.A. 03-140, S. 6; June Sp. Sess. P.A. 05-1, S. 18; P.A. 06-196, S. 231; P.A. 07-242, S. 62; P.A. 11-80, S. 1; P.A. 13-5, S. 33; P.A. 17-218, S. 3; P.A. 23-163, S. 1; P.A. 25-127, S. 1.)
History: P.A. 73-458 added exception re Sec. 16-50y in Subsec. (a) and qualified applicability of chapter in Subsec. (d) with regard to modification of facilities; P.A. 76-359 replaced reference to Sec. 16-50y in Subsec. (a) with reference to Sec. 16-50z(b); P.A. 77-218 clarified applicability provisions of Subsec. (d); P.A. 83-569 amended Subsec. (d) to limit application of chapter to facilities described in Sec. 16-50i(a)(4) (substations and switchyards) to those constructed on or after July 1, 1983; P.A. 98-28 amended Subsec. (a) by requiring the council to approve by declaratory ruling the siting of electric generation facilities that do not use nuclear materials or coal as fuel, effective July 1, 1998; P.A. 00-93 amended Subsec. (a) by excepting fuel cells with a generating capacity of ten kilowatts or less and by adding provision re approval by declaratory ruling of the construction or location of fuel cells; P.A. 01-49 amended Subsec. (a) to make technical changes; P.A. 03-140 amended Subsec. (a) to replace “this subsection” with “this chapter or title 16a” and to add Subdiv. (3) re siting of temporary generation, effective June 26, 2003; June Sp. Sess. P.A. 05-1 amended Subsec. (a) to replace “1998” with “2004” in Subdiv. (1) and allow the council to approve by declaratory ruling customer-side distributed resources and certain grid-side distributed resources in Subdiv. (2), effective July 21, 2005; P.A. 06-196 made a technical change in Subsec. (a)(2), effective June 7, 2006; P.A. 07-242 amended Subsec. (a) to exempt from requiring a certificate, fuel cells built within the state with generating capacity of 250 kilowatts or less in new Subdiv. (1), specify that exempt fuel cells with generating capacity of 10 kilowatts or less be built out of state in new Subdiv. (2), redesignate existing Subdivs. (1) to (3) as Subparas. (A) to (C), amend Subpara. (B) to change “as long as such project meets air quality standards” to “as long as such project meets air and water quality standards” and make technical changes; pursuant to P.A. 11-80, “Department of Public Utility Control” and “Department of Environmental Protection” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “Department of Energy and Environmental Protection”, respectively, in Subsec. (a), effective July 1, 2011; P.A. 13-5 amended Subsec. (a) to delete former Subpara. (C) re siting of temporary generation, effective May 8, 2013; P.A. 17-218 amended Subsec. (a)(2)(B) by designating provision re project meets air and water quality standards as clause (i), adding clause (ii) re council does not find substantial adverse environmental effect, and adding clause (iii) re solar photovoltaic facility, and further amended Subsec. (a) by adding provision re departments may consult with U.S. Department of Agriculture and soil and water conservation districts, effective July 1, 2017; P.A. 23-163 amended Subsec. (a) to add provision re decommissioning bond for facilities described in Subpara. (B)(iii) to cover costs associated with decommissioning such facility and restoring prime farmland, effective June 29, 2023; P.A. 25-127 amended Subsec. (a) to add provision requiring decommissioning bond for such two-megawatt or more solar photovoltaic facilities that are approved by declaratory ruling, effective July 8, 2025.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 16-50l. Application for certificate. Notice. Application or resolution for amendment of certificate. Consultation with municipality. (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 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, except that an application for a facility described in subdivision (5) or (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, such information that the council or any department or agency of the state exercising environmental controls may by regulation require, 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 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;
(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, 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 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 named in subsection (i) of section 16-50j; and (6) such other state and 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 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.
(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.
(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 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.
(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 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. Not later than sixty days after the initial consultation, the municipality shall issue its recommendations to the applicant. Not later than fifteen days after submitting an application to the council, the applicant shall provide to the council all materials provided to such chief elected official of the municipality, such official's designee, such legislative body of the municipality or any such member of the legislature, a summary of the consultations with the municipality, including 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.
(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 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 who 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 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.
(1971, P.A. 575, S. 6; P.A. 73-458, S. 5; P.A. 75-375, S. 3, 12; 75-509, S. 1, 4; P.A. 76-359, S. 2, 7; P.A. 79-537, S. 1; P.A. 83-569, S. 4, 17; P.A. 86-187, S. 2, 10; P.A. 89-45, S. 2, 4; 89-104; P.A. 94-176, S. 1; P.A. 98-28, S. 100, 117; P.A. 99-141, S. 2, 4; P.A. 03-140, S. 4, 5, 7; P.A. 04-236, S. 3-5; 04-246, S. 1, 2; P.A. 07-242, S. 55; June Sp. Sess. P.A. 07-4, S. 11; P.A. 12-165, S. 4; P.A. 13-247, S. 312; P.A. 14-94, S. 26; 14-134, S. 71; P.A. 15-186, S. 1; P.A. 16-163, S. 32; P.A. 19-32, S. 7; P.A. 24-144, S. 3; P.A. 25-122, S. 2.)
History: P.A. 73-458 amended Subsec. (a) to require statement of how facility conforms to long-range plan for expansion of power grid in (1)(B), to delete statement of methods of eliminating overhead portions in (1)(F), to delete reference to statement of applicants understanding of agency's position in (1)(H), to delete requirement that statement of loads and resources be by area in (2)(C) and to delete requirement for setting out plants costs by accounts and expenses by categories and amended Subsec. (b) to require that application copies be sent to zoning, planning, zoning and planning and conservation commissions, to inland wetland and regional planning agencies, to state departments, agencies and commissions named in Sec. 16-50j(f) and to others designated by council; P.A. 75-375 added references to environmentally, technically and economically practical routes in Subsec. (a)(1)(D); P.A. 75-509 required that notice in Subsec. (b) “be published in not less than ten-point, boldface type”; P.A. 76-359 added Subsec. (d); P.A. 79-537 clarified language with minor changes to Subsecs. (a) and (b), deleted Subsec. (c) summarizing section provisions, relettered Subsec. (d) as (c) and added new Subsec. (d) re amendments; P.A. 83-569 amended Subsec. (a) to include references to substations and switchyards; P.A. 86-187 amended Subsec. (b) to require council to send notice of certain applications to abutting property owners; P.A. 89-45 deleted requirement re notices published in boldface type; P.A. 89-104 added new Subsec. (e) re consultation with and input of municipality concerning proposed or alternative sites of a facility; P.A. 94-176 amended Subsec. (a) by adding “life-cycle” and “comparing overhead alternatives with underground alternatives” in Subpara. (F), amended Subsec. (b) by changing Subpara. designations to Subdiv. designations and adding provisions re notice of an application for a certificate, and amended Subsec. (c) by changing “identified in the annual forecast reports” to “identified in, and is consistent with, the annual forecast reports and life-cycle cost analysis” and replacing “failure to so identify the facility” with “failure of the facility to conform with such information”; P.A. 98-28 amended Subsec. (b) by adding electric distribution companies, effective July 1, 1998; P.A. 99-141 amended Subsec. (b) by adding reference to adjoining municipality having boundary not more than 2,500 feet from facility and making a technical change in Subdiv. (1) and amended Subsec. (e) by adding reference to any other municipality required to be served, effective June 8, 1999, and applicable to applications pending before the Connecticut Siting Council on or after that date; P.A. 03-140 amended Subsec. (a) to add provision re municipal participation fee and to make technical changes, effective July 1, 2003, and further amended said Subsec. to designate existing provisions as Subdiv. (1) and make conforming changes therein, to add Subdiv. (2) re initiation of the request-for-proposal process, and to add Subdiv. (3) re filing of an application after submitting a proposal pursuant to the request-for-proposal process, effective December 1, 2004, and amended Subsec. (e) to add exception re Sec. 16a-7c, to make technical changes, and to add provision re submitting information to the Connecticut Energy Advisory Board for certain types of facilities, effective October 1, 2004; P.A. 04-236 amended Subsec. (a)(1)(A) and (a)(1)(B) to make technical changes, effective December 1, 2004, and amended Subsec. (a)(2) to make technical changes, effective June 8, 2004; P.A. 04-246 amended Subsec. (a) to add “residential areas, private or public schools, licensed child day care facilities, licensed youth camps, and public playgrounds” to mapping requirements, to add provision re assessment of the impact of any electromagnetic fields to be produced by proposed transmission line, and to make a technical change, effective June 3, 2004, and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to June 3, 2004; P.A. 07-242 amended Subsec. (a)(2) to include exceptions for facilities described in Sec. 16-50i(a)(4) or exempt pursuant to Sec. 16a-7c(b), effective July 1, 2007; June Sp. Sess. P.A. 07-4 added new Subsec. (f) re “preapplication”, effective July 1, 2007; P.A. 12-165 added Subsec. (g) re municipal consultation, public information meetings and proposed alternative sites, effective June 15, 2012; pursuant to P.A. 13-247, “regional planning agencies” was changed editorially by the Revisors to “regional councils of governments” in Subsec. (b)(1), effective January 1, 2015; P.A. 14-94 amended Subsec. (a) by deleting former Subdivs. (2) and (3) re the request for proposal process, amended Subsec. (e) by deleting provision re facility described in Sec. 16-50i(a)(1) to (4), deleted former Subsec. (f) re preapplications, redesignated existing Subsec. (g) as Subsec. (f), and made technical changes, effective June 6, 2014; P.A. 14-134 amended Subsec. (b) by deleting references to electric company, effective June 6, 2014; P.A. 15-186 amended Subsec. (f)(2) to add provision re applicant to pay administrative expenses; P.A. 16-163 amended Subsec. (a)(1) by replacing “licensed child day care facilities” with references to child care centers, group child care homes and family child care homes in Subpara. (C), and making technical changes in Subparas. (D) and (H), effective June 9, 2016; P.A. 19-32 amended Subsec. (b)(5) by replacing reference to Sec. 16-50j(h) with reference to Sec. 16-50j(g); P.A. 24-144 amended Subsec. (a) by increasing municipal participation fee from $25,000 to $45,000 and adding provision re $80,000 fee for facilities located in more than 1 municipality, adding provisions re independent appraiser and exercise of due diligence to seek permission to gain access to property in Subdiv. (1)(G), and adding Subdiv. (3) re additional requirements in the case of facilities described in Sec. 16-50i(a)(1) and any modification of such a facility, amended Subsec. (b) by deleting “and commission”, added new Subsec. (c) re solar photovoltaic facilities, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g), substantially revised redesignated Subsec. (f) including by adding references to chief elected official's designee, legislative body of the municipality and members of legislature and requirements re consultations 90 days prior to filing application, reporting the status of any negotiation with owners of real property and providing a summary of any meetings with the chief elected official, official's designee, municipality's legislative body or members of legislature, added Subsec. (h) re applicants who intend to submit additional applications for facilities described in Sec. 16-50i(a)(1) within 5 years of initial application, and made technical and conforming changes; P.A. 25-122 made a technical change in Subsec. (h).
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 16-50bb. Municipal participation account. (a) There is established an account to be known as the “municipal participation account”, which shall be a separate, nonlapsing account. There shall be deposited in the account the municipal participation fees received pursuant to subsection (a) of section 16-50l. The interest derived from the investment of the account shall be credited to the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding.
(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 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 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.
(c) In administering the moneys in the account, the State Treasurer shall verify that the subject municipality (1) actually participated as a party to the subject certification proceeding, and (2) actually spent the money it claims to have spent on participating in the subject certification proceeding.
(P.A. 03-140, S. 15; P.A. 04-236, S. 8; P.A. 12-165, S. 3; P.A. 13-5, S. 5; P.A. 14-94, S. 37; P.A. 24-144, S. 10; P.A. 25-110, S. 51.)
History: P.A. 03-140 effective July 1, 2003, and applicable to applications for a certificate of environmental compatibility and public need filed after that date; P.A. 04-236 amended Subsec. (a) to make a technical change, effective June 8, 2004; P.A. 12-165 amended Subsec. (b) to change deadline for payments from the account from not later than 60 days after receipt of an application to not later than 60 days after the conclusion of a certification proceeding, to replace provision re moneys remaining at end of proceeding with provision re moneys remaining after payments to municipalities and to delete provision re refund of excess moneys to the account, effective June 15, 2012; P.A. 13-5 amended Subsec. (b) to make a technical change, effective May 8, 2013; P.A. 14-94 amended Subsec. (a) by deleting “subdivisions (1) and (3) of” re reference to Sec. 16-50l(a), effective June 6, 2014; P.A. 24-144 amended Subsec. (b) by increasing maximum amount of moneys municipalities may receive from account from $25,000 to $40,000; P.A. 25-110 amended Subsec. (a) to delete reference to General Fund, effective July 1, 2025.
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |
Sec. 16-50mm. Advanced conductors and grid-enhancing technology in proposed projects. Reports. (a) As used in this section and section 16-19iii:
(1) “Advanced conductor” means any conductor material, design or technology that (A) improves the electrical performance of electrical conductors in comparison to traditional aluminum-conductor steel-reinforced cable, and (B) optimizes attributes such as current-carrying capacity, thermal performance, weight, sag, durability, corrosion resistance and efficiency, using materials such as high-conductivity alloys and conductor designs such as trapezoidal designs;
(2) “Advanced power flow control” means any hardware or software technologies used to push or pull electric power in a manner that balances electric lines that are either exceeding capacity or are underutilized within the distribution or transmission system;
(3) “Commissioner” means the Commissioner of Energy and Environmental Protection;
(4) “Dynamic line rating” means any hardware or software technologies used to update the calculated thermal limits of existing distribution or transmission lines in the state based on real-time and forecasted weather conditions;
(5) “Electric distribution company” and “regional independent system operator” have the same meanings as provided in section 16-1;
(6) “Grid-enhancing technology” means any hardware or software technology that increases the capacity of, or enables enhanced or more efficient performance from, the electric distribution or transmission system in the state, including, but not limited to, dynamic line rating, advanced power flow control, topology optimization and energy storage when used as a distribution or transmission resource;
(7) “Transmission owner” means any person or entity that owns, operates and maintains, or seeks to construct, an electric transmission facility in the state and that is not an electric distribution company;
(8) “Materially modify” means any construction activity relating to a facility described in subdivision (1) or (4) of subsection (a) of section 16-50i with an estimated cost of not less than twenty-five million dollars. “Materially modify” does not include construction activities related to an emergency condition that causes a disruption of power or other unplanned loss of an essential transmission asset function that requires immediate rectification;
(9) “Nontransmission alternative” means an electric grid investment or project that uses nontraditional transmission and distribution solutions, including, but not limited to, distributed generation, energy storage, energy efficiency demand response and grid software and controls, to defer or replace the need for specific equipment upgrades, such as transmission and distribution lines or transformers, by reducing electric load at a substation or circuit level; and
(10) “Topology optimization” means any hardware or software technology that identifies reconfigurations of the distribution or transmission grid in the state to enable the routing of power flows around congested or overloaded elements of the electric grid.
(b) (1) Any electric distribution company or transmission owner that seeks to construct or materially modify any facility described in subdivision (1) or (4) of subsection (a) of section 16-50i shall, in addition to the primary proposed project for such construction or material modification, develop at least one project alternative to such construction or modification that (A) utilizes an advanced conductor unless the primary proposed project incorporates an advanced conductor, and (B) utilizes grid-enhancing technology or nontransmission alternative technology, applicable in whole or in part, to such construction or material modification.
(2) Such company or owner shall submit each project alternative required under subdivision (1) of this subsection with any application or petition submitted by such company or owner to the Connecticut Siting Council concerning such construction or material modification. If any such project alternative is not preferred by such company or owner, such company or owner shall provide a detailed, written explanation comparing the cost-effectiveness and appropriateness of the project alternative with such project preferred by such company or owner and submit such explanation with such application.
(3) If any project alternative submitted pursuant to this subsection proposes to utilize any advanced conductor, grid-enhancing technology or nontransmission alternative, and such project alternative (A) is not less cost effective than the project preferred by such company or owner, (B) provides the same or increased electric system reliability benefits to solve the identified need in comparison to such preferred project, and (C) has similar environmental and community impacts as such preferred project, as determined by the Connecticut Siting Council, the council shall give preference to such project alternative when determining whether to approve such preferred project or project alternative.
(4) An electric distribution company may seek a waiver of the requirements of subdivision (1) of subsection (b) of this section, in whole or in part, if (A) the use of advanced conductors, grid-enhancing technologies or nontransmission alternative technologies in a project to construct or materially modify any facility described in subdivision (1) or (4) of subsection (a) of section 16-50i is impossible or impracticable to solve an identified need, (B) such proposed project is subject to a regional transmission planning or review process approved by the Federal Energy Regulatory Commission that adequately considers the implementation of such conductors or technologies, or (C) a project has been evaluated by the commissioner and the Office of Consumer Counsel pursuant to subsection (d) of this section. To obtain such waiver, such company shall submit a waiver application to the commissioner in a form and manner prescribed by the commissioner. Such waiver application shall specify the conditions that satisfy the requirements of subparagraph (A), (B) or (C) of this subdivision. The commissioner, after consultation with the Office of Consumer Counsel, may waive the requirement to submit such alternative or alternatives pursuant to subdivision (1) of subsection (b) of this section to the Connecticut Siting Council. The commissioner shall accept or deny a waiver application submitted pursuant to this subdivision not more than sixty days after receipt. Any such application not accepted or rejected by the commissioner within said sixty-day period shall be deemed granted.
(5) An electric distribution company may request, and the commissioner may grant, a revocable general waiver of the requirements of this subsection for any projects subject to a regional transmission planning or review process approved by the Federal Energy Regulatory Commission that adequately considers advanced conductors, grid-enhancing technologies or nontransmission alternative technologies. The commissioner shall accept or deny a waiver application submitted pursuant to this subdivision not more than sixty days after receipt.
(c) Each electric distribution company and transmission owner shall include in the annual report required by subsection (a) of section 16-50r: (1) A schedule of any planned construction or material modification of any facility described in subdivision (1) or (4) of subsection (a) of section 16-50i for the next ten years, including a description, as appropriate for the project's current development stage, and, to the extent available, of the need for and scope of the project, cost estimates, whether and how any advanced conductor, grid-enhancing technologies or nontransmission alternative technologies may be considered to address the identified need, and any other information reasonably requested by the commissioner or the Office of Consumer Counsel that pertains to the projects identified in the annual report, (2) data concerning any construction or material modification of any facility described in subdivision (1) or (4) of subsection (a) of section 16-50i placed in service by such company in the year preceding such report, including both final costs, to the extent available, and estimated costs of the project at each relevant design stage, (3) the original estimated in-service date of the facility, and (4) any other information reasonably requested by the commissioner or the Office of Consumer Counsel pertaining to projects disclosed in such report. For the first filing after October 1, 2025, each electric distribution company shall provide the information required by subdivision (2) of this subsection for any facility placed into service by such company or owner on or after January 1, 2022. To the extent any such information is unavailable, the electric distribution company shall notify the commissioner and the Office of Consumer Counsel and attempt to reach a resolution acceptable to each party concerning the request for information.
(d) (1) Not more than one hundred eighty days after any annual filing required pursuant to subsection (c) of this section, the commissioner, in consultation with the Office of Consumer Counsel, shall determine and notify an electric distribution company whether any facility listed for construction or material modification requires further evaluation, considering factors including, but not limited to, (A) whether the proposed facility is subject to a transmission planning or review process of the regional independent system operator or a substantially similar process, (B) the age or condition of the underlying facility, (C) the scope and estimated cost of the proposed project, (D) whether the proposed project is responsive to needs identified through proactive transmission planning by the regional independent system operator, and (E) whether and how advanced conductors, grid-enhancing technologies and nontransmission alternatives: (i) Are proposed to be utilized in the proposed project, (ii) can reduce environmental or aesthetic impacts, and (iii) can feasibly solve the underlying need identified by the electric distribution company in part or in whole. Prior to determining that a project to construct or materially modify a facility requires further evaluation pursuant to this subdivision, the commissioner and Office of Consumer Counsel shall provide the electric distribution company with the opportunity to provide evidence that such project requires no further evaluation pursuant to this subdivision.
(2) If an evaluation is conducted pursuant to subdivision (1) of this subsection, upon notice to the electric distribution company, the commissioner and the Office of Consumer Counsel shall evaluate a proposed project based upon factors including: (A) The reasonableness of the need identified by the electric distribution company justifying the proposed facility; (B) the reasonableness of the proposed scope of the project, including the timing of the proposed investments; (C) whether the electric distribution company's proposed solution is the most cost-effective solution to the identified need or whether alternative solutions, including advanced conductors, grid-enhancing technologies or nontransmission alternatives, exist that could more cost-effectively provide the same or increased electric system reliability benefits to resolve the identified need in whole or in part; (D) the costs of the proposed project and any potential alternatives identified as part of the evaluation; (E) whether cost-effective opportunities exist for the proposed project to be modified to account for future demand growth or other variables that could mitigate the need for the electric distribution company to conduct construction activities on the same facility prior to the end of the useful life; and (F) any other factors that the commissioner or the Office of Consumer Counsel reasonably determine are necessary to evaluate for a specific project.
(3) Not less than twice per year, the commissioner and the Office of Consumer Counsel shall meet with each electric distribution company to discuss and receive input on any facilities that are currently under evaluation pursuant to this section.
(4) (A) The commissioner and the Office of Consumer Counsel shall jointly prepare a report detailing the factors for evaluation listed in subdivision (2) of this subsection.
(B) Any evaluation by the department or the Office of Consumer Counsel and any draft report resulting from that evaluation must be completed and shared with the electric distribution companies not later than ninety days prior to an electric distribution company's filing of an application or petition before the Connecticut Siting Council; provided, however, that the electric distribution company informs the department and the Office of Consumer Counsel of the anticipated filing date not less than twelve months in advance of such filing date.
(C) The commissioner shall file any final report developed pursuant to this subsection in the relevant proceeding of the Connecticut Siting Council concerning the proposed project. The Connecticut Siting Council shall give appropriate consideration to such report in making its determination on the proposed project.
(5) An electric distribution company may request, and the commissioner may grant, a revocable general waiver of the requirements of this subsection for any projects subject to a regional transmission planning or review process approved by the Federal Energy Regulatory Commission. The commissioner shall accept or deny a waiver application submitted pursuant to this subdivision not more than sixty days after receipt.
(e) Each electric distribution company or transmission owner shall provide data, communications and information requested by the commissioner or the Office of Consumer Counsel in connection with any evaluation pursuant to this section, subject to enforcement under section 22a-6. Responses to any such requests shall be shared with both the department and the Office of Consumer Counsel.
(f) Beginning on January 1, 2027, and every five years thereafter, each electric distribution company and transmission owner shall file a report concerning their compliance with the provisions of this section with the Public Utilities Regulatory Authority. The authority shall transmit a copy of each such report to the regional independent system operator, as defined in section 16-1, and, in accordance with the provisions of section 11-4a, the joint standing committee of the General Assembly having cognizance of matters relating to energy and technology.
(g) Any proprietary commercial or proprietary financial information of an electric distribution company or transmission owner provided pursuant to this section shall be confidential and protected by the commissioner and the Office of Consumer Counsel and be exempt from public disclosure pursuant to subsection (b) of section 1-210.
(P.A. 25-173, S. 25.)
| (Return to Chapter Table of Contents) |
(Return to List of Chapters) |
(Return to List of Titles) |