Connecticut Seal

Substitute House Bill No. 6508

Public Act No. 03-140

AN ACT CONCERNING LONG-TERM PLANNING FOR ENERGY FACILITIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 16-50g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

The legislature finds that power generating plants and transmission lines for electricity and fuels, community antenna television towers and telecommunication towers have had a significant impact on the environment and ecology of the state of Connecticut; and that continued operation and development of such power plants, lines and towers, if not properly planned and controlled, could adversely affect the quality of the environment, the ecological, scenic, historic and recreational values of the state. The purposes of this chapter are: To provide for the balancing of the need for adequate and reliable public utility services at the lowest reasonable cost to consumers with the need to protect the environment and ecology of the state and to minimize damage to scenic, historic, and recreational values; to provide environmental quality standards and criteria for the location, design, construction and operation of facilities for the furnishing of public utility services at least as stringent as the federal environmental quality standards and criteria, and technically sufficient to assure the welfare and protection of the people of the state; to encourage research to develop new and improved methods of generating, storing and transmitting electricity and fuel and of transmitting and receiving television and telecommunications with minimal damage to the environment and other values described above; to promote energy security; to promote the sharing of towers for fair consideration wherever technically, legally, environmentally and economically feasible to avoid the unnecessary proliferation of towers in the state particularly where installation of such towers would adversely impact class I and II watershed lands, and aquifers; to require annual forecasts of the demand for electric power, together with identification and advance planning of the facilities needed to supply that demand and to facilitate local, regional, state-wide and interstate planning to implement the foregoing purposes.

Sec. 2. Subsection (a) of section 16-50i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) "Facility" means: (1) An electric transmission line of a design capacity of sixty-nine kilovolts or more, including associated equipment but not including a transmission line tap, as defined in subsection (e) of this section; (2) a fuel transmission facility, except a gas transmission line having a design capability of less than two hundred pounds per square inch gauge pressure; (3) any electric generating or storage facility using any fuel, including nuclear materials, including associated equipment for furnishing electricity but not including an emergency generating device, as defined in subsection (f) of this section or a facility (i) owned and operated by a private power producer, as defined in section 16-243b, (ii) which is a qualifying small power production facility or a qualifying cogeneration facility under the Public Utility Regulatory Policies Act of 1978, as amended, or a facility determined by the council to be primarily for a producer's own use, and (iii) which has, in the case of a facility utilizing renewable energy sources, a generating capacity of one megawatt of electricity or less and, in the case of a facility utilizing cogeneration technology, a generating capacity of twenty-five megawatts of electricity or less; (4) any electric substation or switchyard designed to change or regulate the voltage of electricity at sixty-nine kilovolts or more or to connect two or more electric circuits at such voltage, which substation or switchyard may have a substantial adverse environmental effect, as determined by the council established under section 16-50j, and other facilities which may have a substantial adverse environmental effect as the council may, by regulation, prescribe; (5) such community antenna television towers and head-end structures, including associated equipment, which may have a substantial adverse environmental effect, as said council shall, by regulation, prescribe; [and] (6) such telecommunication towers, including associated telecommunications equipment, owned or operated by the state, a public service company or a certified telecommunications provider or used in a cellular system, as defined in the Code of Federal Regulations Title 47, Part 22, as amended, which may have a substantial adverse environmental effect, as said council shall, by regulation, prescribe; and (7) any component of a proposal submitted pursuant to the request-for-proposal process.

Sec. 3. Section 16-50i of the general statutes is amended by adding subsection (g) as follows (Effective October 1, 2004):

(NEW) (g) "Request-for-proposal process" or "request-for-proposal" means the process set forth in section 19 of this act.

Sec. 4. Subsection (a) of section 16-50l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(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, [containing] and a municipal participation fee of twenty-five thousand dollars to be deposited in the account established pursuant to section 15 of this act, except that an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, as amended by this act, shall not pay such municipal participation fee. An application shall contain such information as the applicant may consider relevant and the council or any department or agency of the state exercising environmental controls may by regulation require, including the following information:

(1) In the case of facilities described in subdivisions (1), (2) and (4) of subsection (a) of section 16-50i, as amended by this act: (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, and showing existing transmission lines within one mile of the proposed route or site; (D) 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 [subdivision] 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 (H) 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

(2) [in] In the case of facilities described in subdivision (3) of subsection (a) of section 16-50i, as amended by this act: (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 description of facilities, plant efficiencies, electrical connections to system, and control systems; (J) 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; (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.

Sec. 5. Subsection (a) of section 16-50l of the general statutes, as amended by section 4 of this act, is repealed and the following is substituted in lieu thereof (Effective December 1, 2004):

(a) (1) 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 twenty-five thousand dollars to be deposited in the account established pursuant to section 15 of this act, except that an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, as amended by this act, shall not pay such municipal participation fee. An application shall contain such information as the applicant may consider relevant and the council or any department or agency of the state exercising environmental controls may by regulation require, including the following information:

[(1)] (A) In the case of facilities described in subdivisions (1), (2) and (4) of subsection (a) of section 16-50i, as amended by this act: [(A)] (i) 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)] (ii) 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)] (iii) 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, and showing existing transmission lines within one mile of the proposed route or site; [(D)] (iv) justification for adoption of the route or site selected, including comparison with alternative routes or sites which are environmentally, technically and economically practical; [(E)] (v) a description of the effect of the proposed transmission line, substation or switchyard on the environment, ecology, and scenic, historic and recreational values; [(F)] (vi) a justification for overhead portions, if any, including life-cycle cost studies comparing overhead alternatives with underground alternatives, and effects described in [subparagraph (E)] (v) of this [subdivision] subparagraph of undergrounding; [(G)] (vii) a schedule of dates showing the proposed program of right-of-way or property acquisition, construction, completion and operation; and [(H)] (viii) 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

[(2)] (B) In the case of facilities described in subdivision (3) of subsection (a) of section 16-50i, as amended by this act: [(A)] (i) A description of the proposed electric generating or storage facility; [(B)] (ii) a statement and full explanation of why the proposed facility is necessary; [(C)] (iii) a statement of loads and resources as described in section 16-50r; [(D)] (iv) safety and reliability information, including planned provisions for emergency operations and shutdowns; [(E)] (v) 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)] (vi) a schedule showing the program for design, material acquisition, construction and testing, and operating dates; [(G)] (vii) 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)] (viii) justification for adoption of the site selected, including comparison with alternative sites; [(I)] (ix) design information, including description of facilities, plant efficiencies, electrical connections to system, and control systems; [(J)] (x) 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; [(K)] (xi) 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.

(2) On or after December 1, 2004, the filing of an application pursuant to subdivision (1) of this subsection shall initiate the request-for-proposal process, except for an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, as amended by this act.

(3) Notwithstanding the provisions of this subsection, an entity that has submitted a proposal pursuant to the request-for-proposal process may initiate a certification proceeding by filing with the council an application containing the information required pursuant to this section, 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 twenty-five thousand dollars to be deposited in the account established pursuant to section 15 of this act, not later than thirty days after the Connecticut Energy Advisory Board performs the evaluation process pursuant to subsection (f) of section 19 of this act.

Sec. 6. Subsection (a) of section 16-50k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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, or 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, except fuel cells with a generating capacity of ten kilowatts or less which shall not require such certificate. 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 [subsection] chapter or title 16a, the council shall, in the exercise of its jurisdiction over the siting of generating facilities, approve by declaratory ruling (1) 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, 1998, [and] (2) the construction or location of any fuel cell, unless the council finds a substantial adverse environmental effect, and (3) the siting of temporary generation solicited by the Department of Public Utility Control pursuant to section 17 of public act 03-135.

Sec. 7. Subsection (e) of section 16-50l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(e) [At] Except as provided in subsection (e) of section 19 of this act, at least sixty days prior to the filing of [any] 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. For a facility described in subdivisions (1) to (4), inclusive, of subsection (a) of section 16-50i, as amended by this act, the applicant shall submit to the Connecticut Energy Advisory Board the same information that it provides to a municipality pursuant to this subsection on the same day of the consultation with the municipality. Such consultation with the municipality shall include, but not be limited to good faith efforts to meet with the chief elected official of the municipality. At the time of the consultation, the applicant shall provide the chief elected official with any technical reports concerning the public need, the site selection process and the environmental effects of the proposed facility. The municipality may conduct public hearings and meetings as it deems necessary for it to advise the applicant of its recommendations concerning the proposed facility. Within sixty days of the initial consultation, the municipality shall issue its recommendations to the applicant. No later than fifteen days after submitting [the] an application to the council, the applicant shall provide to the council all materials provided to the municipality and a summary of the consultations with the municipality including all recommendations issued by the municipality.

Sec. 8. Subsection (a) of section 16-50m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) [Upon the receipt of an application for a certificate complying with section 16-50l, the council shall promptly fix a commencement date and location for a public hearing thereon not less than thirty days nor more than one hundred fifty days after such receipt. ] The council shall promptly fix a commencement date and location for a public hearing on an application for a certificate complying with section 16-50l, as amended by this act, (1) where no proposals are received pursuant to the request-for-proposal process, not less than thirty days after the deadline for submission of such proposals nor more than sixty days after such deadline; (2) where a proposal is received pursuant to the request-for-proposal process, not less than thirty days after the deadline of submission of an application pursuant to subdivision (3) of subsection (a) of section 16-50l, as amended by this act, nor more than sixty days after such deadline; or (3) where the application is for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, as amended by this act, not less than thirty days after receipt of an application nor more than one hundred fifty days after such receipt. Applications that are common to a request-for-proposal shall be heard under a consolidated public hearing process. At least one session of such hearing shall be held at a location selected by the council in the county in which the facility or any part thereof is to be located after six-thirty p. m. for the convenience of the general public. After holding at least one hearing session in the county in which the facility or any part thereof is to be located, the council may, in its discretion, hold additional hearing sessions at other locations. If the proposed facility is to be located in more than one county, the council shall fix the location for at least one public hearing session in whichever county it determines is most appropriate, provided the council may hold hearing sessions in more than one county.

Sec. 9. Section 16-50o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) A record shall be made of the hearing and of all testimony taken and the cross-examinations thereon. Every party or group of parties as provided in section 16-50n shall have the right to present such oral or documentary evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

(b) The applicant shall submit into the record the full text of the terms of any agreement, and a statement of any consideration therefor, if not contained in such agreement, entered into by the applicant and any party to the certification proceeding, or any third party, in connection with the construction or operation of the facility. This provision shall not require the public disclosure of proprietary information or trade secrets.

(c) The results of the evaluation process pursuant to subsection (f) of section 19 of this act shall be part of the record, where applicable.

[(b)] (d) A copy of the record shall be available at all reasonable times for examination by the public without cost at the principal office of the council. A copy of the transcript of testimony at the hearing shall be filed at an appropriate public office, as determined by the council, in each county in which the facility or any part thereof is proposed to be located.

Sec. 10. Subsection (a) of section 16-50p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003, and applicable to applications for a certificate of environmental compatibility and public need filed after July 1, 2003):

(a) In a certification proceeding, the council shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, limitations or modifications of the construction or operation of the facility as the council may deem appropriate. The council's decision shall be rendered within twelve months of the filing of an application concerning a facility described in subdivision (1) or (2) of subsection (a) of section 16-50i or subdivision (4) of said subsection (a) if the application was incorporated in an application concerning a facility described in subdivision (1) of said subsection (a), and within one hundred eighty days of the filing of any other application concerning a facility described in subdivision (4) of said subsection (a), and an application concerning a facility described in subdivision (3), (5) or (6) of said subsection (a), provided such time periods may be extended by the council by not more than one hundred eighty days with the consent of the applicant. The council shall file, with its order, an opinion stating in full its reasons for the decision. Except as provided in subsection (c) of this section, the council shall not grant a certificate, either as proposed or as modified by the council, unless it shall find and determine: (1) A public need for the facility and the basis of the need taking into consideration other feasible and prudent alternatives provided to the council by a party or intervenor that address the same public need; (2) the nature of the probable environmental impact of the facility, or a feasible and prudent alternative provided to the council by a party or intervenor, alone and cumulatively with other existing facilities, including a specification of every significant adverse effect, whether alone or cumulatively with other effects, on, and conflict with the policies of the state concerning, the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and water purity and fish, aquaculture and wildlife; (3) why the adverse effects or conflicts referred to in subdivision (2) of this subsection are not sufficient reason to deny the application, including why other feasible and prudent alternatives with less adverse effects or fewer conflicts that are provided to the council by a party or intervenor do not address the same public need; (4) in the case of an electric transmission line, (A) what part, if any, of the facility shall be located overhead, (B) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected utility systems and will serve the interests of electric system economy and reliability, and (C) that the overhead portions, if any, of the facility, [if any] or a feasible and prudent alternative provided to the council by a party intervenor, are cost effective and the most appropriate alternative based on a life-cycle cost analysis of the facility and underground alternatives to such facility, and are consistent with the purposes of this chapter, with such regulations as the council may adopt pursuant to subsection (a) of section 16-50t, and with the Federal Power Commission "Guidelines for the Protection of Natural Historic Scenic and Recreational Values in the Design and Location of Rights-of-Way and Transmission Facilities" or any successor guidelines and any other applicable federal guidelines; (5) in the case of an electric or fuel transmission line, that the location of the line will not pose an undue hazard to persons or property along the area traversed by the line. The terms of any agreement entered into by the applicant and any party to the certification proceeding, or any third party, in connection with the construction or operation of the facility, shall be part of the record of the proceedings and available for public inspection. The full text of any such agreement, and a statement of any consideration therefor, if not contained in the agreement, shall be filed with the council prior to the council's decision. This provision shall not require the public disclosure of proprietary information or trade secrets.

Sec. 11. Subsection (a) of section 16-50p of the general statutes, as amended by section 10 of this act, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) (1) In a certification proceeding, the council shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, limitations or modifications of the construction or operation of the facility as the council may deem appropriate.

(2) The council's decision shall be rendered [within] in accordance with the following:

(A) Not later than twelve months [of the filing of an application concerning] after the deadline for filing an application following the request-for-proposal process for a facility described in subdivision (1) or (2) of subsection (a) of section 16-50i, as amended by this act, or subdivision (4) of said subsection (a) if the application was incorporated in an application concerning a facility described in subdivision (1) of said subsection (a); [, and within]

(B) Not later than one hundred eighty days [of the filing of any other application concerning] after the deadline for filing an application following the request-for-proposal process for a facility described in subdivision (4) of said subsection (a), and an application concerning a facility described in subdivision (3) [, (5) or (6)] of said subsection (a), provided such time periods may be extended by the council by not more than one hundred eighty days with the consent of the applicant; and

(C) Not later than one hundred eighty days after the filing of an application for a facility described in subdivision (5) or (6) of said subsection (a), provided such time period may be extended by the council by not more than one hundred eighty days with the consent of the applicant.

(3) The council shall file, with its order, an opinion stating in full its reasons for the decision. Except as provided in subsection (c) of this section, the council shall not grant a certificate, either as proposed or as modified by the council, unless it shall find and determine:

[(1)] (A) A public need for the facility and the basis of the need; [taking into consideration other feasible and prudent alternatives provided to the council by a party or intervenor that address the same public need; ]

[(2) the] (B) The nature of the probable environmental impact of the facility [, or a feasible and prudent alternative provided to the council by a party intervenor,] alone and cumulatively with other existing facilities, including a specification of every significant adverse effect, whether alone or cumulatively with other effects, on, and conflict with the policies of the state concerning, the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and water purity and fish, aquaculture and wildlife;

[(3) why] (C) Why the adverse effects or conflicts referred to in [subdivision (2) of this subsection] subparagraph (B) of this subdivision are not sufficient reason to deny the application; [, including why other feasible and prudent alternatives with less adverse effects or fewer conflicts that are provided to the council by a party or intervenor do not address the same public need; ]

[(4) in] (D) In the case of an electric transmission line, [(A)] (i) what part, if any, of the facility shall be located overhead, [(B)] (ii) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected utility systems and will serve the interests of electric system economy and reliability, and [(C)] (iii) that the overhead portions, if any, of the facility [, or a feasible and prudent alternative provided to the council by a party intervenor,] are cost effective and the most appropriate alternative based on a life-cycle cost analysis of the facility and underground alternatives to such facility, and are consistent with the purposes of this chapter, with such regulations as the council may adopt pursuant to subsection (a) of section 16-50t, and with the Federal Power Commission "Guidelines for the Protection of Natural Historic Scenic and Recreational Values in the Design and Location of Rights-of-Way and Transmission Facilities" or any successor guidelines and any other applicable federal guidelines;

[(5) in] (E) In the case of an electric or fuel transmission line, that the location of the line will not pose an undue hazard to persons or property along the area traversed by the line; and

(F) In the case of an application that was heard under a consolidated hearing process with other applications that were common to a request-for-proposal, that the facility proposed in the subject application represents the most appropriate alternative among such applications based on the findings and determinations pursuant to this subsection.

[The terms of any agreement entered into by the applicant and any party to the certification proceeding, or any third party, in connection with the construction or operation of the facility, shall be part of the record of the proceedings and available for public inspection. The full text of any such agreement, and a statement of any consideration therefor, if not contained in the agreement, shall be filed with the council prior to the council's decision. This provision shall not require the public disclosure of proprietary information or trade secrets. ]

Sec. 12. Subsection (c) of section 16-50p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003, and applicable to applications for a certificate of environmental compatibility and public need filed after July 1, 2003):

(c) (1) The council shall not grant a certificate for a facility described in subdivision (3) of subsection (a) of section 16-50i, either as proposed or as modified by the council, unless it finds and determines: (A) A public benefit for the facility; (B) the nature of the probable environmental impact, including a specification of every significant adverse and beneficial effect that, whether alone or cumulatively with other effects, conflicts with the policies of the state concerning the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and water purity and fish and wildlife; and (C) why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application. For purposes of subparagraph (A) of this subdivision, a public benefit exists if such a facility is necessary for the reliability of the electric power supply of the state or for a competitive market for electricity.

(2) The council shall not grant a certificate for a facility described in subdivision (1) of subsection (a) of section 16-50i which is substantially underground or underwater except where such facilities interconnect with existing overhead facilities, either as proposed or as modified by the council, unless it finds and determines:

(A) A public benefit for the facility, in the case of such facility that is substantially underground, and a public need for such facility, in the case of such facility that is substantially underwater, taking into consideration other feasible and prudent alternatives provided to the council by a party or intervenor that address the same public need or public benefit, as applicable;

(B) [the] The nature of the probable environmental impact of the facility, or a feasible and prudent alternative provided to the council by a party intervenor, alone and cumulatively with other existing facilities, including a specification of every single adverse and beneficial effect that, whether alone or cumulatively with other effects, conflict with the policies of the state concerning the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and purity and fish and wildlife;

(C) [why] Why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application, including why other feasible and prudent alternatives with less adverse effects and fewer conflicts that were provided to the council by a party or intervenor do not address the same public need or public benefit, as applicable;

(D) [in] In the case of a new electric transmission line, (i) what part, if any, of the facility shall be located overhead, (ii) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected utility systems and will serve the interests of electric system economy and reliability, and (iii) that the overhead portions of the facility, if any, are cost-effective and the most appropriate alternative based on a life-cycle cost analysis of the facility and underground alternatives to such facility and are consistent with the purposes of this chapter, with such regulations as the council may adopt pursuant to subsection (a) of section 16-50t, and with the Federal Energy Regulatory Commission "Guidelines For the Protection of Natural Historic Scenic and Recreational Values in the Design and Location of Rights-of-Way and Transmission Facilities" or any other successor guidelines and any other applicable federal guidelines; and

(E) [in] In the case of an electric or fuel transmission line, that the location of the line will not pose an undue hazard to persons or property along the area traversed by the line. For purposes of subparagraph (A) of this subdivision, a public benefit exists if such a facility is necessary for the reliability of the electric power supply of the state or for the development of a competitive market for electricity.

Sec. 13. Subsection (c) of section 16-50p of the general statutes, as amended by section 12 of this act, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(c) (1) The council shall not grant a certificate for a facility described in subdivision (3) of subsection (a) of section 16-50i, either as proposed or as modified by the council, unless it finds and determines: (A) A public benefit for the facility; (B) the nature of the probable environmental impact, including a specification of every significant adverse and beneficial effect that, whether alone or cumulatively with other effects, conflicts with the policies of the state concerning the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and water purity and fish and wildlife; [and] (C) why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application; and (D) in the case of an application that was heard under a consolidated hearing process with other applications that were common to a request-for-proposal, that the facility proposed in the subject application represents the most appropriate alternative among such applications based on the findings and determinations pursuant to this subdivision. For purposes of subparagraph (A) of this subdivision, a public benefit exists if such a facility is necessary for the reliability of the electric power supply of the state or for a competitive market for electricity.

(2) The council shall not grant a certificate for a facility described in subdivision (1) of subsection (a) of section 16-50i which is substantially underground or underwater except where such facilities interconnect with existing overhead facilities, either as proposed or as modified by the council, unless it finds and determines:

(A) A public benefit for the facility, in the case of such facility that is substantially underground, and a public need for such facility, in the case of such facility that is substantially underwater; [taking into consideration other feasible and prudent alternatives provided to the council by a party or intervenor that address the same public need or public benefit, as applicable; ]

(B) The nature of the probable environmental impact of the facility [, or a feasible and prudent alternative provided to the council by a party intervenor,] alone and cumulatively with other existing facilities, including a specification of every single adverse and beneficial effect that, whether alone or cumulatively with other effects, conflict with the policies of the state concerning the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and purity and fish and wildlife;

(C) Why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application; [, including why other feasible and prudent alternatives with less adverse effects and fewer conflicts that were provided to the council by a party or intervenor do not address the same public need or public benefit, as applicable; ]

(D) In the case of a new electric transmission line, (i) what part, if any, of the facility shall be located overhead, (ii) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected utility systems and will serve the interests of electric system economy and reliability, and (iii) that the overhead portions of the facility, if any, are cost-effective and the most appropriate alternative based on a life-cycle cost analysis of the facility and underground alternatives to such facility and are consistent with the purposes of this chapter, with such regulations as the council may adopt pursuant to subsection (a) of section 16-50t, and with the Federal Energy Regulatory Commission "Guidelines For the Protection of Natural Historic Scenic and Recreational Values in the Design and Location of Rights-of-Way and Transmission Facilities" or any other successor guidelines and any other applicable federal guidelines; [and]

(E) In the case of an electric or fuel transmission line, that the location of the line will not pose an undue hazard to persons or property along the area traversed by the line; and

(F) In the case of an application that was heard under a consolidated hearing process with other applications that were common to a request-for-proposal, that the facility proposed in the subject application represents the most appropriate alternative among such applications based on the findings and determinations pursuant to this subdivision. For purposes of subparagraph (A) of this subdivision, a public benefit exists if such a facility is necessary for the reliability of the electric power supply of the state or for the development of a competitive market for electricity and a public need exists if such facility is necessary for the reliability of the electric power supply of the state.

Sec. 14. Subsection (a) of section 16-245l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(a) The Department of Public Utility Control shall establish and each electric distribution company shall collect a systems benefits charge to be imposed against all end use customers of each electric distribution company beginning January 1, 2000. The department shall hold a hearing that shall be conducted as a contested case in accordance with chapter 54 to establish the amount of the systems benefits charge. The department may revise the systems benefits charge or any element of said charge as the need arises. The systems benefits charge shall be used to fund (1) the expenses of the public education outreach program developed under subsection (a) of section 16-244d other than expenses for department staff, (2) the reasonable and proper expenses of the education outreach consultant pursuant to subsection (d) of section 16-244d, (3) the cost of hardship protection measures under sections 16-262c and 16-262d and other hardship protections, including but not limited to, electric service bill payment programs, funding and technical support for energy assistance, fuel bank and weatherization programs and weatherization services, (4) the payment program to offset tax losses described in section 12-94d, (5) any sums paid to a resource recovery authority pursuant to subsection (b) of section 16-243e, (6) low income conservation programs approved by the Department of Public Utility Control, (7) displaced worker protection costs, (8) unfunded storage and disposal costs for spent nuclear fuel generated before January 1, 2000, approved by the appropriate regulatory agencies, (9) postretirement safe shutdown and site protection costs that are incurred in preparation for decommissioning, (10) decommissioning fund contributions, [and] (11) operating expenses for the Connecticut Energy Advisory Board, and (12) legal, appraisal and purchase costs of a conservation or land use restriction and other related costs as the department in its discretion deems appropriate, incurred by a municipality on or before January 1, 2000, to ensure the environmental, recreational and scenic preservation of any reservoir located within this state created by a pump storage hydroelectric generating facility. As used in this subsection, "displaced worker protection costs" means the reasonable costs incurred, prior to January 1, 2006, by an electric company or a generation entity or affiliate arising from the dislocation of any employee other than an officer, provided such dislocation is a result of restructuring of the electric generation market and such dislocation occurs on or after July 1, 1998; and provided further such costs result from either the execution of agreements reached through collective bargaining for union employees or from the company's or entity's or affiliate's programs and policies for nonunion employees. "Displaced worker protection costs" includes costs incurred or projected for severance, retraining, early retirement, outplacement and related expenses. "Displaced worker protection costs" does not include those costs included in determining a tax credit pursuant to section 12-217bb.

Sec. 15. (NEW) (Effective July 1, 2003, and applicable to applications for a certificate of environmental compatibility and public need filed after July 1, 2003) (a) There is established an account to be known as the "municipal participation account", within the General Fund, which shall be a separate, nonlapsing account. There shall be deposited in the account the municipal participation fees received pursuant to subdivisions (1) and (3) of subsection (a) of section 16-50l of the general statutes, as amended by this act. The interest derived from the investment of the account shall be credited to the fund. 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 not later than sixty days after receipt of an application for a proposed facility, except for a facility described in subdivisions (5) and (6) of subsection (a) of section 16-50i of the general statutes, as amended by this act, to each municipality entitled to receive a copy of such application under section 16-50l of the general statutes, as amended by this act, 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 of the general statutes, as amended by this act. Any moneys remaining at the end of such proceeding 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 twenty-five 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. A municipality that has received moneys from the account in excess of the costs it incurred in participating in the certification proceeding, as determined by the council, shall refund such excess moneys to the account upon the conclusion of such proceeding.

(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.

Sec. 16. Section 16a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(a) There is established a Connecticut Energy Advisory Board consisting of [sixteen] nine members, including [the Commissioner of Economic and Community Development,] the Commissioner of Environmental Protection, [the chairperson of the Connecticut Siting Council,] the chairperson of the Public Utilities Control Authority, [the Commissioner of Public Works and] the Commissioner of Transportation, the Consumer Counsel, the Commissioner of Agriculture, and the Secretary of the Office of Policy and Management, or their respective designees. The Governor shall appoint [four members] one member, the president pro tempore of the Senate shall appoint [three members] one member, and the speaker of the House of Representatives shall appoint [three members] one member, all of whom shall serve in accordance with section 4-1a. [At least one of the members appointed to said board by the Governor shall be a representative of organized labor. ] No appointee may be employed by, or a consultant of, a public service company, as defined in section 16-1, or an electric supplier, as defined in section 16-1 or an affiliate or subsidiary of such company or supplier.

(b) The board shall, [(1) under section 16a-7, (A) recommend to the Governor and General Assembly programs for enhancing the state's energy management and carrying out the purposes of section 16a-35k and (B) recommend long-range energy supply and demand options with particular emphasis on conservation and energy resource development within the state, (2) act as a mediator and coordinator for programs which will identify opportunities for and concerns of the state in managing its future energy requirements, especially with regard to conservation and the use of renewable energy resources, (3) respond to requests of the General Assembly to review or examine issues requiring consideration and policy formulation and (4) examine the energy component of the state's economy as it affects citizens, government, commerce and industry] (1) prepare an annual report pursuant to section 17 of this act; (2) represent the state in regional energy system planning processes conducted by the regional independent system operator, as defined in section 16-1; (3) encourage representatives from the municipalities that are affected by a proposed project of regional significance to participate in regional energy system planning processes conducted by the regional independent system operator; (4) issue a request-for-proposal in accordance with subsections (b) and (c) of section 19 of this act; (5) evaluate the proposals received pursuant to the request-for-proposal in accordance with subsection (f) of section 19 of this act; (6) participate in a forecast proceeding conducted pursuant to subsection (a) of section 16-50r; and (7) participate in a life-cycle proceeding conducted pursuant to subsection (b) of section 16-50r.

(c) The board shall elect a chairman and a vice-chairman from among its members and shall adopt such rules of procedure as are necessary to carry out its functions. [Each member of the board who holds no salaried state office shall be compensated for the performance of his official duties at the rate of fifty dollars per day. ]

(d) The board shall convene its first meeting not later than September 1, 2003. A quorum of the board shall consist of two-thirds of the members currently serving on the board.

(e) The board shall employ such staff as is required for the proper discharge of its duties. The board shall annually submit to the Department of Public Utility Control a proposal regarding the level of funding required for the discharge of its duties, which proposal shall be approved by the department either as submitted or as modified by the department.

[(d)] (f) The Connecticut Energy Advisory Board shall be within the Office of Policy and Management for administrative purposes only.

Sec. 17. (NEW) (Effective July 1, 2003) On or before January 1, 2004, and annually thereafter, the Connecticut Energy Advisory Board shall prepare a comprehensive energy plan based on existing reports and studies as to the need for new energy resources, new energy transmission facilities in the state and new energy conservation initiatives in the state. The board shall hold regional public hearings on the proposed plan and shall give at least thirty days notice of each hearing by publication on the Internet websites of the agencies participating on the board. Notice of such hearing may be published in one or more newspapers having general circulation in each municipality as deemed necessary by the board. The notice shall state the date, time and place of the hearing, the subject matter of the hearing, the statutory authority for the plan and the location where a copy of the plan may be examined. Any person may comment on the proposed plan. The board shall provide a time period of not less than forty-five days from the date the notice is published on the Internet websites of the agencies participating on the board for review and comment. The board shall consider fully, after all public hearings, all written and oral comments respecting the proposed plan and shall mail to each person who commented or requested notification, notice of availability of the following documents at a designated location: The text of the final plan, a summary of the differences between the proposed and final plan and the reasons for such differences, and the principal considerations raised in opposition to the proposed plan and the reasons for rejecting any such considerations. The chairman of the board shall sign the final plan and shall submit it to the joint standing committee of the General Assembly having cognizance of matters relating to energy, the environment and transportation. Such plan shall reflect the legislative findings and policy stated in section 16a-35k of the general statutes, shall be consistent with the state plan of conservation and development adopted under chapter 297 of the general statutes, and shall include, but not be limited to, (1) an assessment of current energy supplies, demand and costs; (2) an identification and evaluation of the factors likely to affect future energy supplies, demand and costs; (3) a statement of progress made toward long-term goals set in the previous report; (4) recommendations for decreasing dependency on fossil fuels by promoting energy conservation, solar and other alternative energy sources; (5) an assessment of the infrastructure of the state for natural gas and electric systems; (6) an evaluation of the impact of regional transmission infrastructure planning processes conducted by the regional independent system operator, as defined in section 16-1 of the general statutes, on the state's environment, on energy market design, and economic development in the state; (7) the consideration of alternative energy planning mechanisms and targets as an alternative to integrated resource planning; (8) a statement of energy policies and long-range energy planning objectives and strategies appropriate to achieve, among other things, the least-cost mix of energy supply sources and measures that reduce demand for energy, giving due regard to such factors as ratepayer impacts, security and diversity of fuel supplies and energy generating methods, protection of public health and safety, adverse or beneficial environmental impacts, conservation of energy and energy resources and the ability of the state to compete economically; and (9) recommendations for administrative and legislative actions to implement such policies, objectives and strategies.

Sec. 18. (NEW) (Effective July 1, 2003) Not later than December 1, 2004, the Connecticut Energy Advisory Board shall develop infrastructure criteria guidelines for the evaluation process under subsection (f) of section 19 of this act, which guidelines shall be consistent with state environmental policy, state economic development policy, the state's policy regarding the restructuring of the electric industry, as set forth in section 16-244 of the general statutes, and the findings in the comprehensive energy plan prepared pursuant to section 17 of this act, and shall include, but not be limited to, the following: (1) Environmental preference standards; (2) efficiency standards, including, but not limited to, efficiency standards for transmission, generation and demand-side management; (3) generation preference standards; (4) electric capacity, use trends and forecasted resource needs; (5) natural gas capacity, use trends and forecasted resource needs; and (6) national and regional reliability criteria applicable to the regional bulk power grid, as determined in consultation with the regional independent system operator, as defined in section 16-1 of the general statutes.

Sec. 19. (NEW) (Effective October 1, 2004) (a) Not later than fifteen days after receiving information pursuant to subsection (e) of section 16-50l of the general statutes, as amended by this act, the Connecticut Energy Advisory Board shall publish such information in one or more newspapers or periodicals, as selected by the board.

(b) On or after December 1, 2004, not later than fifteen days after the filing of an application pursuant to subdivision (1) of subsection (a) of section 16-50i of the general statutes, as amended by this act, except for an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i of the general statutes, as amended by this act, the Connecticut Energy Advisory Board shall issue a request-for-proposal to seek alternative solutions to the need that will be addressed by the proposed facility in such application. Such request-for-proposal shall, where relevant, solicit proposals that include distributed generation or energy efficiency measures. The board shall publish such request-for-proposal in one or more newspapers or periodicals, as selected by the board.

(c) The board may issue a request-for-proposal for solutions to a need for new energy resources, new energy transmission facilities in the state, and new energy conservation initiatives in the state identified in the annual comprehensive energy report prepared under section 17 of this act or identified in regional energy system planning processes conducted by the regional independent system operator, as defined in section 16-1 of the general statutes. Such request-for-proposal shall, where relevant, solicit proposals that include distributed generation or energy efficiency measures. The board shall publish such request-for-proposal in one or more newspapers or periodicals, as selected by the board.

(d) Not later than sixty days after the first date of publication of a request-for-proposal, a person or any legal entity may submit a proposal by filing with the board information as such person or entity may consider relevant to such proposal. The board may request further information from the person or entity that it deems necessary to evaluate the proposal pursuant to subsection (f) of this section.

(e) Upon the submission of a proposal pursuant to a request-for-proposal, the person or entity submitting the proposal shall consult with the municipality in which the facility may be located and with any other municipality that would be required to be served with a copy of an application for such proposal under subdivision (1) of subsection (b) of section 16-50l of the general statutes, as amended by this act, 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. At the time of the consultation, the person or entity submitting the proposal shall provide the chief elected official with any technical reports concerning the public need, the site selection process and the environmental effects of the proposed facility. The municipality may conduct public hearings and meetings as it deems necessary for it to advise the person or entity submitting the proposal of its recommendations concerning the proposed facility. Within sixty days of the initial consultation, the municipality shall issue its recommendations to the person or entity submitting the proposal. If a person or entity chooses to file an application pursuant to subdivision (3) of subsection (a) of section 16-50l, as amended by this act, then such person or entity shall provide to the Connecticut Siting Council a summary of the consultations with the municipality, including all recommendations issued by the municipality. A person or entity that has complied with this subsection shall be exempt from the provisions of subsection (e) of section 16-50l, as amended by this act.

(f) Not later than forty-five days after the deadline for submissions in response to a request-for-proposal, the board shall issue a report that evaluates each proposal received, including any proposal contained in an application to the council that initiated a request-for-proposal, based on the materials received pursuant to subsection (d) of this section, or information contained in the application, as required by section 16-50l of the general statutes, as amended by this act, for conformance with the infrastructure criteria guidelines created pursuant to section 18 of this act. The board shall forward the results of such evaluation process to the Connecticut Siting Council.

Sec. 20. Section 16a-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

The Secretary of the Office of Policy and Management shall employ, subject to the provisions of chapter 67, such staff as is required for the proper discharge of duties of the office as set forth in this chapter and sections 4-5, 4-124l, 4-124p, 8-3b, 8-32a, 8-33a, 8-35a, 8-189, subsection (b) of section 8-206, sections 16a-20, 16a-102, 22a-352 and 22a-353. [, and shall provide the board with such assistance as is necessary to enable the board to fulfill its obligations as set forth in this chapter and section 16a-102. ] The secretary may adopt, pursuant to chapter 54, such regulations as are necessary to carry out the purposes of this chapter.

Sec. 21. Section 16a-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

The board shall encourage programs to foster cooperative efforts by and among Connecticut business, industry, utilities, the academic community and government to develop new sources of energy. [The board may include in its report pursuant to section 16a-7 its recommendations concerning implementation of such programs. ]

Sec. 22. Subsection (e) of section 25-204 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(e) After adoption pursuant to subsection (d) of this section of an inventory, statement of objectives and map, the river committee shall prepare a report on all federal, state and municipal laws, plans, programs and proposed activities which may affect the river corridor defined in such map. Such laws shall include regulations adopted pursuant to chapter 440 and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such plans shall include plans of conservation and development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans adopted pursuant to section 25-32d, coordinated water system plans adopted pursuant to section 25-33h, the comprehensive energy plan adopted pursuant to section [16a-35m] 17 of this act, municipal open space plans, the commissioner's fish and wildlife plans, the master transportation plan adopted pursuant to section 13b-15, plans prepared by regional planning agencies pursuant to section 8-31a, and publicly-owned wastewater treatment facility plans. State and regional agencies shall, within available resources, assist the river committee in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river committee's objectives for river corridor protection and preservation as reflected in the statement of objectives. If conflicts are identified, the river committee shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources, attempt with the river commission to resolve such conflicts.

Sec. 23. Subdivision (4) of section 25-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(4) "Major state plan" means any of the following: The master transportation plan adopted pursuant to section 13b-15, the plan for development of outdoor recreation adopted pursuant to section 22a-21, the solid waste management plan adopted pursuant to section 22a-211, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the historic preservation plan adopted under the National Historic Preservation Act, 16 USC 470 et seq. , the state-wide facility and capital plan adopted pursuant to section 4b-23, the long-range state housing plan adopted pursuant to section 8-37t, the comprehensive energy plan adopted pursuant to section [16a-35m] 17 of this act, the water quality management plan adopted under the federal Clean Water Act, 33 USC 1251 et seq. , the Connecticut hazardous waste management plan adopted pursuant to section 22a-134cc, any plans for managing forest resources adopted pursuant to section 23-20 and the Connecticut River Atlantic Salmon Compact adopted pursuant to section 26-302.

Sec. 24. Subsection (e) of section 25-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(e) After adoption of an inventory, statement of objectives and map, pursuant to subsection (d) of this section, the river commission shall prepare a report on all federal, state, regional and municipal laws, plans, programs and proposed activities which may affect the river corridor defined in such map. Such federal, state, regional and municipal laws shall include regulations adopted pursuant to chapter 440, and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such federal, state, regional and municipal plans shall include plans of development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans submitted pursuant to section 25-32d, coordinated water system plans submitted pursuant to section 25-33h, the comprehensive energy plan adopted pursuant to section [16a-35m] 17 of this act, the master transportation plan adopted pursuant to section 13b-15, plans prepared by regional planning organizations pursuant to section 8-31a and plans of publicly-owned wastewater treatment facilities whose discharges may affect the subject river corridor. State and regional agencies shall, within available resources, assist the river commission in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river commission's objectives for river corridor management as reflected in the statement of objectives. If conflicts are identified, the river commission shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources and in consultation with the river commission, attempt to resolve such conflicts.

Sec. 25. (Effective July 1, 2003) Sections 16a-7 and 16a-35m of the general statutes are repealed.

Approved June 26, 2003