AN ACT CONCERNING ELECTRIC TRANSMISSION LINE SITING CRITERIA.

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

Section 1. Subsection (a) of section 16-50p of the general statutes, as amended by section 10 of public act 03-140, section 6 of public act 03-221 and section 120 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(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, as amended, 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, 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, (D) where the cumulative voltage of the overhead portions, if any, of the proposed facility and any existing electric transmission line within the easement or right-of-way in which the proposed facility is to be located is more than sixty-eight and less than two hundred nineteen kilovolts, that there is no private or public school, licensed child day care facility, licensed youth camp or public playground within one hundred feet of the edge of such easement or right-of-way, (E) where the cumulative voltage of the proposed facility and any existing electric transmission line within the overhead portions, if any, of the easement or right-of-way in which the proposed facility is to be located is between two hundred twenty and three hundred forty-four kilovolts, that there is no private or public school, licensed child day care facility, licensed youth camp or public playground within two hundred fifty feet of the edge of such easement or right-of-way, and (F) where the cumulative voltage of the overhead portions, if any, of the proposed facility and any existing electric transmission line within the easement or right-of-way in which the proposed facility is to be located is not less than three hundred forty-five kilovolts, that there is no private or public school, licensed child day care facility, licensed youth camp or public playground within six hundred feet of the edge of such easement or right-of-way; (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; and (6) in the case of a facility described in subdivision (6) of subsection (a) of section 16-50i, as amended, that is proposed to be installed on land under agricultural restriction, as provided in section 22-26cc, as amended, that the facility will not result in a material decrease of acreage and productivity of the arable land. 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. 2. Subsection (a) of section 16-50p of the general statutes, as amended by sections 10 and 11 of public act 03-140, section 6 of public act 03-221, section 120 of public act 03-278 and section 1 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 in accordance with the following:

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

(B) Not later than one hundred eighty days after the deadline for filing an application following the request-for-proposal process for a facility described in subdivision (4) of said subsection (a), and an application concerning a facility described in subdivision (3) of said subsection (a), provided 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:

(A) A public need for the facility and the basis of the need;

(B) The nature of the probable environmental impact of the facility alone and cumulatively with other existing facilities, including a specification of every significant adverse effect, 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;

(C) Why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application;

(D) In the case of an electric transmission line, (i) what part, if any, of the facility shall be located overhead, (ii) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected utility systems and will serve the interests of electric system economy and reliability, (iii) that the overhead portions, if any, of the facility are cost effective and the most appropriate alternative based on a life-cycle cost analysis of the facility and underground alternatives to such facility, 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, [(D)] (iv) where the cumulative voltage of the overhead portions, if any, of the proposed facility and any existing electric transmission line within the easement or right-of-way in which the proposed facility is to be located is more than sixty-eight and less than two hundred nineteen kilovolts, that there is no private or public school, licensed child day care facility, licensed youth camp or public playground within one hundred feet of the edge of such easement or right-of-way, [(E)] (v) where the cumulative voltage of the overhead portions, if any, of the proposed facility and any existing electric transmission line within the easement or right-of-way in which the proposed facility is to be located is between two hundred twenty and three hundred forty-four kilovolts, that there is no private or public school, licensed child day care facility, licensed youth camp or public playground within two hundred fifty feet of the edge of such easement or right-of-way, and [(F)] (vi) where the cumulative voltage of the overhead portions, if any, of the proposed facility and any existing electric transmission line within the easement or right-of-way in which the proposed facility is to be located is not less than three hundred forty-five kilovolts, that there is no private or public school, licensed child day care facility, licensed youth camp or public playground within six hundred feet of the edge of such easement or right-of-way;

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

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

(G) In the case of a facility described in subdivision (6) of subsection (a) of section 16-50i, as amended, that is proposed to be installed on land under agricultural restriction, as provided in section 22-26cc, as amended, that the facility will not result in a material decrease of acreage and productivity of the arable land.

Sec. 3. Subsection (c) of section 16-50p of the general statutes, as amended by section 12 of public act 03-140 and section 1 of public act 03-248, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(c) (1) The council shall not grant a certificate for a facility described in subdivision (3) of subsection (a) of section 16-50i, as amended, 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, as amended, 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, (I) 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 (II) meet the criteria enumerated in subparagraphs (D) to (F), inclusive, of subdivision (4) of subsection (a) of this section, as amended by this act; 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. 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.

(3) Any application for an electric transmission line with a capacity of three hundred forty-five kilovolts or more that is filed on or after May 1, 2003, and that proposes the underground burial of such line in all residential areas and overhead installation of such line in industrial and open space areas affected by such proposal shall have a rebuttable presumption of meeting a public benefit for such facility if the facility is substantially underground, and meeting a public need for such facility if the facility is substantially above ground. Such presumption may be overcome by evidence submitted by a party or intervenor to the satisfaction of the council.

Sec. 4. Subdivisions (1) and (2) of subsection (c) of section 16-50p of the general statutes, as amended by sections 12 and 13 of public act 03-140, section 1 of public act 03-248 and section 3 of this act, are 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, as amended, 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; (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, as amended, 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;

(B) The nature of the probable environmental impact of the facility 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;

(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, (I) 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 (II) meet the criteria enumerated in [subparagraphs (D) to (F), inclusive, of subdivision (4)] subclauses (iv) to (vi), inclusive, of subparagraph (D) of subdivision (3) of subsection (a) of this section, as amended by this act;

(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.

Statement of Purpose:

To prohibit the Connecticut Siting Council from siting certain overhead electric transmission lines within a certain amount of feet of a private of public school, licensed child day care facility, licensed youth camp or public playground.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]