2001_Annual_Siting

Connecticut Siting Council (2000)

Established in 1971, the Connecticut Siting Council's (CSC) primary purpose is to balance the need for adequate and reliable public services at the lowest reasonable cost to consumers with the need to protect the environment and ecology of the state. The council has siting jurisdiction in a number of areas including: energy, telecommunications, hazardous waste disposal, low level radioactive waste management, and ash residue management facilities.

Developers of a new or modified facility regulated by the council must obtain a council certificate prior to beginning construction. The council reviews applications and conducts public hearings on proposed projects. The specific steps in the certification process and timeframes for completing them are established in statute and council regulations.

Administratively located within the Department of Public Utility Control, the council operates as an autonomous body with its own staff. Council membership is statutorily dictated and varies depending on the type of proceeding being conducted.

In April 2000, the Legislative Program Review and Investigations Committee authorized a study of the council. The study focus, as approved by the committee, was an examination and assessment of the policies, procedures, and overall operation of the Connecticut Siting Council. In particular, the study focused on the council's ability to balance the need for the facilities it oversees with the need to protect the environment, public health, and safety. As part of its review, the committee considered:

· the range of jurisdiction, powers, duties, role, and responsibilities of the council;

· major council activities including certification process and overseeing completed projects;

· development and implementation of criteria used in evaluating applications;

· adherence to statutory timeframes and overall efficacy of process; and

· the council's relationship with municipalities and other governmental bodies.

The table below summarizes the recommendations in the report and the legislative changes enacted as a result of the study.


Summary Of Compliance with Committee Recommendations
*Recommendation*	*Status*	*Comment*
CSC must advertise its public hearing notice at least once within the two week period prior to the actual hearing date.	None	CSC contends publication of a second hearing notice could cost as much as $2,000, based on previous notice invoices.
Written council decisions should: · clearly outline criteria used and provide evidence of independent analysis; · state the basis for each decision as to each disputed issue, and the statutory criteria considered in arriving at such decision, including where applicable, the specific evidence relied upon, and the reasons for the reliance; · contain more discussion as to the council position on opposing party claims and more explanation as to why alternatives are not chosen.	Full	CSC staff now follows a format for "Required Elements for Findings of Facts: issued December 20, 2000.
A summary digest of council decisions must be developed and maintained by October 1, 2001.	Partial	CSC maintains public files indexing all decisions by docket and/or petition number and alphabetically by town. CSC contends it does not have the staff or resources to develop a summary at this time.
CSC must include in each decision a summary of any municipal consultation and recommendations.	Full	The new CSC decision format requires a summary of municipal consultation and recommendations.
CSC should establish a more structured schedule for follow-up and monitoring inspections and as much as possible incorporate other interested government agencies such as local municipal planning and zoning authorities or the state Department of Environmental Protection.	Full	CSC believes it can implement this recommendation without statutory change. However, CSC notes that additional and more regimented site inspections may require an increase to their budget.
Municipal planning and zoning boards should have siting jurisdiction over PCS telecommunications facilities. The Connecticut Siting Council may participate as an intervenor in any such planning and zoning board proceedings. Municipal planning and zoning boards shall establish timeframes for these proceedings.	None	This recommendation embodied in SB1252 died in the Environment committee during the 2001 session. In December 2001, a court appeal affirmed a previous decision holding that the statutory definition of cellular towers includes personal communications services (PCS), thereby shifting jurisdiction over PCS towers to the council.
CSC must develop a method of collecting information on all telecommunications towers in Connecticut, and establish and maintain a statewide inventory of these telecommunications towers.	Full	To date, CSC has developed and maintained a database without legislative mandate. However, CSC relies on the cooperation of municipal agencies for information.