§ 16-50j — Connecticut Siting Council. Membership. Regulations. Consultation with state agencies.

Connecticut § 16-50j

• Jurisdiction: Connecticut
• Title 16: Public Service Companies
• Ch. 277a: Public Utility Environmental Standards Act

Text

(a) There is established the Connecticut Siting Council, hereinafter referred to in this title 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. See Sec. 4-9a for definition of “public member”. See Sec. 4-38f for definition of “administrative purposes only”.

Legislative History

(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.) 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. Cited. 180 C. 474; 212 C. 157; 216 C. 1. Cited. 20 CA 474.