Sec. 16-50r. Report of forecast of loads and resources. Confidential Information. Regulations. Investigation of life-cycle costs for overhead and underground
transmission lines: Scope, hearings, consultants, assessment. (a) Every person engaged in electric transmission services, as defined in section 16-1, electric generation
services, as defined in said section, or electric distribution services, as defined in said
section generating electric power in the state utilizing a generating facility with a capacity greater than one megawatt, shall, annually, on or before March first, file a report on
a forecast of loads and resources which may consist of an update of the previous year's
report with the council for its review. The report shall cover the ten-year forecast period
beginning with the year of the report. Upon request, the report shall be made available
to the public. The report shall include, as applicable: (1) A tabulation of estimated peak
loads, resources and margins for each year; (2) data on energy use and peak loads for
the five preceding calendar years; (3) a list of existing generating facilities in service;
(4) a list of scheduled generating facilities for which property has been acquired, for
which certificates have been issued and for which certificate applications have been
filed; (5) a list of planned generating units at plant locations for which property has been
acquired, or at plant locations not yet acquired, that will be needed to provide estimated
additional electrical requirements, and the location of such facilities; (6) a list of planned
transmission lines on which proposed route reviews are being undertaken or for which
certificate applications have already been filed; (7) a description of the steps taken to
upgrade existing facilities and to eliminate overhead transmission and distribution lines
in accordance with the regulations and standards described in section 16-50t; and (8)
for each private power producer having a facility generating more than one megawatt
and from whom the person furnishing the report has purchased electricity during the
preceding calendar year, a statement including the name, location, size and type of
generating facility, the fuel consumed by the facility and the by-product of the consumption. Confidential, proprietary or trade secret information provided under this section
may be submitted under a duly granted protective order. The council may adopt regulations, in accordance with the provisions of chapter 54, that specify the expected filing
requirements for persons that transmit electric power in the state, electric distribution
companies, and persons that generate electric power in the state utilizing a generating
facility with a capacity of greater than one megawatt. Until such regulations are adopted,
persons that transmit electric power in the state shall file reports pursuant to this section
that include the information requested in subdivisions (6) and (7) of this subsection;
electric distribution companies in the state shall file reports pursuant to this section that
include the information requested in subdivisions (1), (2), (7) and (8) of this subsection;
persons that generate electric power in the state utilizing a generating facility with a
capacity greater than one megawatt shall file reports pursuant to this section that include
the information requested in subdivisions (3), (4), (5) and (8) of this subsection. The
council shall hold a public hearing on such filed forecast reports annually. The council
shall conduct a review in an executive session of any confidential, proprietary or trade
secret information submitted under a protective order during such a hearing. At least
one session of such hearing shall be held after six-thirty p.m. Upon reviewing such
forecast reports, the council may issue its own report assessing the overall status of loads
and resources in the state. If the council issues such a report, it shall be made available
to the public and shall be furnished to each member of the joint standing committee of
the General Assembly having cognizance of matters relating to energy and technology,
any other member of the General Assembly making a written request to the council for
the report and such other state and municipal bodies as the council may designate.
(b) On October 1, 1994, and not less than once every five years thereafter, the council
shall establish a proceeding to investigate and determine life-cycle costs for both overhead and underground transmission line alternatives. The council shall determine the
schedule and scope of the investigation at a publicly noticed meeting held not earlier
than ninety days preceding the first public hearing on the matter. The scope of the
investigation shall include, but not be limited to, an inquiry of all relevant life-cycle costs,
relative reliability, constraints concerning access and construction, potential damage to
the environment and compatibility with the existing electric supply system. As part of
the investigation the council shall hold public hearings which shall afford all interested
parties opportunity to be heard. At least one public hearing shall be held after six-thirty p.m.
(c) An investigation conducted pursuant to subsection (b) of this section may include the retention of consultants, manufacturers and other experts necessary for the
council to objectively determine the range of life-cycle costs of such alternatives. No
such consultant, manufacturer or expert shall have any financial interest in, or, in the
twelve months preceding the investigation, have engaged in any business, employment
or professional activity for compensation with a corporation, company, association, joint
stock association, partnership or person, or lessee thereof, owning, leasing, maintaining,
operating, managing or controlling poles, wires, conduits or other fixtures, along public
highways or streets, for the transmission or distribution of electric current for sale for
light, heat or power within the state, or with a person, firm or corporation which manufactures such poles, wires, conduits or other fixtures. The council shall apportion and assess
its expenses for consultants, hearing facilities, stenographic reports and other reasonable
and necessary expenses of conducting such an investigation among those persons, firms
and corporations having gross revenues from the retail sale of electric power in excess
of one hundred thousand dollars during the preceding calendar year. The council shall
assess each such person, firm or corporation in proportion of its gross revenues to the
aggregate gross revenues of all such persons, firms and corporations. Each person, firm
or corporation subject to an assessment shall pay its assessed amount not later than thirty
days after receiving notice of its assessment or as specified by the council. Prior to
incurring expenses for which assessments shall be made under this subsection, the council shall review the anticipated expenses at a public meeting, notice of which shall be
given to each person, firm or corporation subject to an assessment. A person, firm or
corporation may object to an assessment made pursuant to this subsection by filing with
the council, not later than thirty days after receiving notice of its assessment, a petition
stating the amount of the assessment to which it objects and the grounds upon which it
claims such assessment is excessive, erroneous, unlawful or invalid. Upon the request
of the petitioner, the council shall hold a hearing. After reviewing the company's petition
and testimony, if any, the council shall issue an order in accordance with its findings.
The petitioner shall pay the council the amount indicated in the order not later than thirty
days after the date of the order.
(d) The council shall remit all payments received pursuant to this section to the
State Treasurer for deposit in the Siting Council Fund. Such payments shall be accounted
for as expenses recovered from electric power suppliers. All payments made under this
section shall be in addition to any taxes payable to the state under chapters 211, 212,
212a and 219.
(e) An assessment unpaid on the due date or any portion of an assessment withheld
after the due date under this section shall be subject to interest at the rate of one and
one-fourth per cent per month or fraction thereof.
(1971, P.A. 575, S. 13; P.A. 75-486, S. 18, 69; P.A. 76-323, S. 1, 2; P.A. 78-119; P.A. 79-214, S. 4; P.A. 81-439, S. 5,
14; P.A. 82-222, S. 5, 7; P.A. 89-291, S. 7; P.A. 94-176, S. 2; May 25 Sp. Sess. P.A. 94-1, S. 103, 130; P.A. 96-46, S. 2;
P.A. 01-144.)
History: P.A. 75-486 required filing of description of methodology used to arrive at load forecasts; P.A. 76-323 replaced
requirement that report be furnished to "persons listed in subdivision (2)(A) of section 16-50l(b)" with list of persons,
departments, agencies etc. to receive report and added provision re hearings to be held on reports; P.A. 78-119 changed
filing deadline from January to March, replaced twenty-year period "next succeeding the date" of report with period
"beginning with the year" of report and added new Subdiv. (2) re data on energy use and peak loads for five previous years,
renumbering former Subdivs. (2) to (6), inclusive, accordingly; P.A. 79-214 added Subsec. (b) re simplified statements of
loads and resources by producers using cogeneration technology; P.A. 81-439 excepted private power producers from ten-year forecast requirement, repealed Subsec. (b), eliminating reporting by person producing electricity by cogeneration or
use of renewable fuel resources and added provision requiring report by purchaser of electricity from private power producer
having facility generating more than one megawatt; P.A. 82-222 required forecast report to be furnished only to senate
president, house speaker, energy committee members and other general assembly members requesting it, instead of to all
general assembly members; P.A. 89-291 changed annual report from ten-year to a twenty-year forecast of loads and
resources; P.A. 94-176 designated existing provisions as Subsec. (a) and changed reference from Subsec. (f) to Subsec.
(j) of Sec. 16-50j and added Subsecs. (b) to (e) re investigation of life-cycle costs for overhead and underground transmission
line alternatives; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (c) by making technical change; P.A. 96-46 amended
Subsec. (a) to allow a forecast report to consist of an update of the previous year's report, to delete requirement that reports
be furnished to certain officials and to add provision re issuance of a report by the council assessing overall status of loads
and resources to certain members of the General Assembly; P.A. 01-144 amended Subsec. (a) to change application of the
subsection from every person engaged in generating electric power to every person engaged in electric transmission,
generation, or distribution services utilizing a generating facility with a capacity of greater than one megawatt, delete
exception for private power producers, delete report content requirements and change the forecast period for the report
from twenty years to ten years, provide that confidential, proprietary or trade secret information provided under section may
be submitted under a protective order, allow the council to adopt regulations to specify filing requirements for transmitters,
generators, and distributors, require certain information from transmitters, generators, and distributors in the report until
such regulations are adopted, and require the council to review any information submitted under a protective order in an
executive session (Revisor's note: In Subsec. (a), certain references to subdivisions of "this section" were changed editorially by the Revisors to "this subsection" for accuracy).
Sec. 16-50s. Expenditures by utilities as consideration in proceedings. The
council may give appropriate consideration in all proceedings to (1) the amounts expended by a utility for research on generation and transmission of the form of energy
furnished by it and the environmental effect thereof, (2) the amounts expended by such
utility for promotion, including advertising, of the use of the form of energy furnished
by it and (3) the relationship between such expenditures.
(1971, P.A. 575, S. 14.)
Sec. 16-50t. Regulations and standards. Hearing. Certain expenditures excluded in computation of fair net return. (a) The council shall prescribe and establish
such reasonable regulations and standards in accordance with the provisions of chapter
54 as it deems necessary and in the public interest with respect to application fees,
siting of facilities and environmental standards applicable to facilities, including, but
not limited to, regulations or standards relating to: (1) Reliability, effluents, thermal
effects, air and water emissions, protection of fish and wildlife and other environmental
factors; (2) the methodical upgrading or elimination of facilities over appropriate periods
of time to meet the standards established pursuant to this subsection or other applicable
laws, standards or regulations; and (3) the elimination of overhead electric transmission
and distribution lines over appropriate periods of time in accordance with existing applicable technology and the need to provide electric service at the lowest reasonable cost
to consumers.
(b) The council may adopt regulations or standards in accordance with the provisions of chapter 54, with respect to subdivisions (1) and (2) of subsection (a) of this
section. Such regulations or standards shall be in addition to and not in lieu of any
regulation or standard adopted by any other state or local agency or instrumentality. No
such regulation or standard shall be adopted by the council without one or more public
hearings at which members of the public are given adequate opportunity to be heard.
(c) The council shall adopt, and revise as the council deems necessary, standards
for best management practices for electric and magnetic fields for electric transmission
lines. Such standards shall be based on the latest completed and ongoing scientific and
medical research on electromagnetic fields and shall require individual, project-specific
assessments of electromagnetic fields, taking into consideration design techniques including, but not limited to, compact spacing, optimum phasing of conductors, and applicable and appropriate new field management technologies. Such standards shall not be
regulations for purposes of chapter 54.
(d) Expenditures by a utility shall not be considered a necessary and proper expense
for the purpose of computing fair net return on invested capital, if such expenditures
were incurred (1) for fines, forfeitures and other penalties, including legal fees and other
expenses incurred in connection therewith, imposed for failure to comply with any state
or federal environmental or pollution standard or (2) in connection with any action
described in subsection (a) of section 16-50k prior to issuance of a certificate therefor.
(1971, P.A. 575, S. 15; P.A. 73-458, S. 10; P.A. 75-375, S. 8, 12; P.A. 88-317, S. 62, 107; P.A. 04-246, S. 10.)
History: P.A. 73-458 replaced references to repealed Secs. 4-41 to 4-50 with reference to Secs. 4-166 to 4-185, qualified
requirement that overhead lines be eliminated in Subsec. (a)(3) with "in accordance with existing applicable technology"
and replaced reference in Subsec. (b) to Subdivs. (2) and (3) of Subsec. (a) with reference to Subdivs. (1) and (2); P.A.
75-375 deleted "methodical" referring to elimination of overhead lines in Subsec. (a) (3) and added provision for regulations
on "the need to provide electric service at the lowest reasonable cost to consumers"; P.A. 88-317 substituted "chapter 54"
for "sections 4-166 to 4-185, inclusive," in Subsecs. (a) and (b), effective July 1, 1989, and applicable to all agency
proceedings commencing on or after that date; P.A. 04-246 added new Subsec. (c) re adoption of standards for best
management practices for electric and magnetic fields for electric transmission lines, redesignated existing Subsec. (c) as
new Subsec. (d) and made a technical change therein, effective June 3, 2004, and applicable to applications for a certificate
of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to June 3, 2004.
Sec. 16-50u. Enforcement of certificate and standards requirements. The
council shall take reasonable steps to insure that each facility for which a certificate has
been issued is constructed, maintained and operated in compliance with such certificate
and any other standards established pursuant to this chapter. Whenever the council
deems it necessary to verify such compliance and whenever the meeting of any such
other standards involves expenses, the person to whom such certificate has been issued
shall be charged with and pay such expenses. The courts are authorized to grant such
restraining orders, and such temporary and permanent injunctive relief, as may be necessary to secure compliance with this chapter and with a certificate issued pursuant to this
chapter. The courts may assess civil penalties in an amount not less than one thousand
dollars per day for each day of construction or operation in material violation of this
chapter, or in material violation of any certificate issued pursuant to this chapter. Civil
proceedings to enforce this chapter may be brought by the Attorney General in the
superior court for any judicial district affected by the violation. The remedies and penalties in this section shall be cumulative and shall be in addition to any other penalties
and remedies available at law, or in equity, to any person.
(1971, P.A. 575, S. 16; P.A. 73-458, S. 11; P.A. 78-280, S. 2, 127.)
History: P.A. 73-458 substituted "established pursuant to this chapter" for "applicable to such facility" as phrase modifying "standards"; P.A. 78-280 replaced "county" with "judicial district".
Sec. 16-50v. Administration expenses. Assessments. Fees. Staff. Consultants.
Studies. (a) All expenses of administering this chapter, including the functions of the
council and its staff, shall be financed as provided in this section.
(b) (1) Before December thirty-first of each year, the council shall review the anticipated amount of expenses attributable to energy facilities for the next fiscal year, excluding expenses under subsection (c), (d), (e), (g) or (h) of this section at a public meeting,
notice of which shall be given to each person subject to assessment under this subsection,
and at which interested persons shall be heard. After the meeting, the council shall
determine the anticipated amount of such expenses and submit its determination to the
joint standing committee of the General Assembly having cognizance of appropriations
and the budgets of state agencies. After the committee completes its review, the council
shall apportion and assess the anticipated amount of expenses among those persons
having gross revenue from the sale of electric power at retail in the state in excess of
one hundred thousand dollars during the preceding calendar year, in the proportion
which the gross revenue of each such person bears to the aggregate gross revenues of
all such persons. Each such person shall pay the assessment in three equal installments
on or before July thirty-first, October thirty-first, and January thirty-first of the fiscal
year. During the fiscal year the council may further apportion and assess the additional
amount of such expenses as could not reasonably have been anticipated prior to the
fiscal year, apportioned in the same manner after notice and hearing in the same manner.
The total of such assessments for any fiscal year shall not exceed one million dollars.
No proceeds from any assessment under this subsection may be used by the council
after June 30, 1984, for any proceedings concerning hazardous waste facilities.
(2) As used in this subdivision, "communications services" means services involving transmitting or receiving signals in the electromagnetic spectrum for a public or
commercial purpose pursuant to a Federal Communications Commission license. Before December thirty-first of each year, the council shall review the anticipated amount
of administrative expenses attributable to facilities used for providing communications
services for the next fiscal year, excluding expenses under subsection (c), (d), (e), (g)
or (h) of this section, at a public meeting, notice of which shall be given to each person
subject to assessment under this subsection, and at which interested persons shall be
heard. After the meeting, the council shall determine the anticipated amount of such
expenses and submit its determination to the joint standing committee of the General
Assembly having cognizance of matters relating to appropriations and the budgets of
state agencies. The council shall apportion and assess the anticipated amount of expenses
equitably in proportion to the frequency of appearance, the degree of regulation required
and the percentage of the council's workload, among those persons which provide communications services and have come before the council in the preceding calendar year.
Each such person shall pay the assessment and submit a return, on a form prescribed
by the council, to the council in four equal installments, on or before July 1, 1994, and
July thirty-first of each year thereafter, October 31, 1994, and October thirty-first of
each year thereafter, January 31, 1995, and January thirty-first of each year thereafter,
and April 30, 1995, and April thirtieth of each year thereafter. The council shall transfer
all payments received pursuant to this section to the Treasurer who shall credit such
payments to the Siting Council Fund. Such payments shall be considered administrative
expenses recovered from communications services providers.
(c) The fee for each application for a certificate for a facility described in subdivisions (1) to (4), inclusive, of subsection (a) of section 16-50i, shall be used to meet the
expenses of the council in connection with the review of, hearing on and decision on
the application, including the expenses of any consultant employed by the council under
subsection (d) of section 16-50n. The council shall, by regulation, adjust the fees to meet
the expenses. In addition, the council may assess the applicant during the proceeding on
the application and thereafter, as may be necessary to meet the expenses. The amount
of any fees and assessments paid under this subsection which are in excess of the expenses of the council in reviewing and acting upon the application for which the fees
and assessments were paid shall be refunded within sixty days after completion of the
matter.
(d) The fee for each application for a certificate for a facility described in subdivisions (5) and (6) of subsection (a) of section 16-50i or for a determination regarding
shared use of a facility used for providing communications services, as defined in subdivision (2) of subsection (b) of this section, shall be established by regulation and used
for the administrative expenses of the council and its staff incurred in processing the
application or determination. In the event a hearing is held on any such application or
determination, the council may assess an applicant during the proceeding and thereafter
for all expenses of the council in connection with the review of, hearing on and decision
on such application or determination, including the expenses of any consultant employed
by the council pursuant to subsection (d) of section 16-50n.
(e) With regard to any facility described in subsection (a) of section 16-50i, the
council shall, by regulation, establish such filing fees and provide for such assessments
as may be necessary to meet the expenses of the council and its staff in reviewing and
acting upon each application for an amendment of a certificate, each statement of intent
to acquire property prior to the issuance of a certificate, each petition for an advisory
ruling, each notice of modification and each appeal pursuant to subsection (d) of section
16-50x. The amount of any fees and assessments paid under this subsection which are
in excess of the expenses of the council in reviewing and acting upon the application,
statement of intent, petition for an advisory ruling, notice of modification or appeal for
which the fees and assessments were paid shall be refunded within sixty days after
completion of the matter.
(f) The council shall obtain such full-time and part-time staff and consultants as
may be appropriate to carry out its duties and the provisions of this chapter.
(g) The council may undertake such studies as it deems necessary to carry out its
duties under subdivision (2) of subsection (a) of section 16-50t. The council shall apportion and assess its expenses for consultants, hearing facilities and stenographic reports
and other reasonable and necessary expenses to carry out its duties under subsection (a)
of section 16-50t among those persons having gross revenue from the sale of electric
power at retail in excess of one hundred thousand dollars during the preceding calendar
year, in the proportion which the gross revenue of each such person bears to the aggregate
gross revenues of all such persons. Each such person shall pay the assessment within
thirty days. Before incurring expenses for which assessments will be made under this
subsection, the council shall review the anticipated expenses at a public meeting, notice
of which shall be given to each person subject to the assessment, and at which interested
persons shall be heard.
(h) With regard to any facility described in subsection (a) of section 16-50i, the
council shall, by regulation, establish such fees and assessments as are necessary to
meet the expenses of the council and its staff in conducting field inspections of (1) a
certified project constructed pursuant to a development and management plan, or (2) a
completed project for which a declaratory or advisory ruling has been issued.
(1971, P.A. 575, S. 17; P.A. 73-458, S. 12; P.A. 77-276, S. 1, 2; P.A. 81-317, S. 1, 2; 81-369, S. 14, 20; P.A. 82-314,
S. 33, 63; P.A. 83-235, S. 5, 6; P.A. 84-249, S. 2, 3; P.A. 85-466, S. 2, 3; P.A. 86-187, S. 3, 10; 86-403, S. 34, 132; P.A.
90-254, S. 2, 3; P.A. 92-232, S. 2, 3; P.A. 93-361, S. 15, 17; 93-435, S. 68; June 18 Sp. Sess. P.A. 97-11, S. 61, 65; P.A.
00-174, S. 47, 83; P.A. 04-226, S. 5.)
History: P.A. 73-458 added Subsecs. (b) and (c) re staff and studies; P.A. 77-276 divided former Subsec. (a) into (a)
and (b), redesignating former Subsecs. (b) and (c) accordingly, and clarified expenses of council and detailed manner of
meeting expenses by assessments and fees; P.A. 81-317, in Subsec. (a) increased fee assessment ceiling from two to four
hundred thousand dollars, required review of council's anticipated expenses by appropriations committee and prohibited
use of assessment proceeds for hazardous waste facilities after June 30, 1984, clarified Subsec. (b) and added new Subsec.
(c), concerning assessments of applicants for certificates of environmental compatibility and public need; P.A. 81-369
inserted new Subsec. (c) to establish a procedure for assessment for expenses incurred in processing an application for a
certificate of public safety and necessity for a hazardous waste disposal facility, relettering remaining Subsecs. accordingly,
and made provisions applicable to Ch. 445 proceedings; P.A. 82-314 changed name of appropriations committee; P.A.
83-235 amended Subsec. (d) to repeal the provision requiring that the cost of regulations be assessed among applicants in
the first fiscal year that hazardous waste facility applications are filed; P.A. 84-249 relettered subsections, changed deadline
in Subsec. (b) for council review of anticipated expenses from June thirtieth to December thirty- first, transferred provisions
re regulations re filing fees and assessments from Subsec. (c) to Subsec. (e) and added Subsec. (i) re regulations re fees and
assessments for field inspections; P.A. 85-466 removed provisions relating to council's proceedings concerning hazardous
waste facilities under chapter 445 throughout section, deleting former Subsec. (f) entirely and relettering remaining Subsecs.
accordingly; P.A. 86-187 amended Subsec. (b) to increase limit on total assessments for any fiscal year from four hundred
thousand dollars to five hundred thousand dollars; P.A. 86-403 made technical changes to Subsecs. (a) and (b); P.A. 90-254 amended Subsec. (b) to increase limit on total assessments for any fiscal year from five hundred thousand dollars to
seven hundred thousand dollars; P.A. 92-232 amended Subsec. (b) to increase limit on total assessments for any fiscal
year from seven hundred thousand dollars to one million dollars; P.A. 93-361 made existing Subsec. (b) into Subdiv. (1)
and added new Subdiv. (2) re assessment of communications services for expenses of the council, amended Subsec. (d)
to include determinations regarding shared use of facility used to provide communications services and amended Subsec.
(e) to add reference to notices of modification, effective July 1, 1993; P.A. 93-435 changed the transfer of payments
received pursuant to this section from the consumer counsel and public utility control fund to the siting council fund; June
18 Sp. Sess. P.A. 97-11 amended Subsec. (b) (2) to change assessment of expenses from an equal assessment to an equitable
assessment in proportion to frequency of appearance, degree of regulation required and percentage of council's workload
and to delete provision limiting assessment to persons having gross revenues from in-state, retail sale of communications
in excess of one hundred thousand dollars during preceding calendar year, effective June 27, 1997, and applicable to
assessments made on or after January 1, 1997; P.A. 00-174 amended Subsec. (b)(2) to transfer responsibility for collecting
assessments under this section from the Commissioner of Revenue Services to the council, effective May 26, 2000, and
applicable to assessments first due and payable on or after July 31, 2000; P.A. 04-226 amended Subsecs. (a) and (f) to
include Secs. 16-50dd and 16-50ee in reference to "this chapter" and made a technical change in Subsec. (h), effective
June 8, 2004.
See chapter 54 re uniform administrative procedure.
Sec. 16-50w. Conflicting provisions. In the event of any conflict between the provisions of this chapter and any provisions of the general statutes, as amended, or any
special act, this chapter shall take precedence.
(1971, P.A. 575, S. 18.)
Cited. 35 CS 303, 307.
Sec. 16-50x. Exclusive jurisdiction of council; exception. Eminent domain
after certification. Municipal regulation of proposed location. (a) Notwithstanding
any other provision of the general statutes to the contrary, except as provided in section
16-243, the council shall have exclusive jurisdiction over the location and type of facilities and over the location and type of modifications of facilities subject to the provisions
of subsection (d) of this section. In ruling on applications for certificates for facilities
and on requests for shared use of facilities, the council shall give such consideration to
other state laws and municipal regulations as it shall deem appropriate. Whenever the
council certifies a facility pursuant to this chapter, such certification shall satisfy and
be in lieu of all certifications, approvals and other requirements of state and municipal
agencies in regard to any questions of public need, convenience and necessity for such
facility.
(b) Whenever the council has certified a facility pursuant to this chapter, any person
joining in the application for such certification shall be empowered to exercise its powers
of eminent domain, granted by the general statutes or any special act, to acquire property
for such facility for the benefit of all persons receiving such certificates.
(c) Whenever the council has certified a facility pursuant to this chapter and the
applicant for such certificate thereafter initiates condemnation proceedings to acquire
property for such facility, and it shall appear to the court or judge before whom such
proceedings are pending that the public interest will be prejudiced by delay, said court
or judge may direct that said applicant be permitted to enter immediately upon the
property to be taken and devote it temporarily to the public use specified in the application instituting such proceeding upon the deposit with said court of a sum to be fixed
by said court or judge, upon notice to the parties of not less than ten days, and such sum
when fixed and paid shall be applied to the payment of any assessment of damages
which may be made, with interest thereon from the date of such entry upon said property,
and the remainder, if any, returned to said applicant. If such application is dismissed,
no assessment of damages is made, or the proceedings are abandoned by said applicant,
said court or judge shall direct that the money so deposited, so far as it may be necessary,
shall be applied to the payment of any damages that the owner of said property or other
parties in interest may have sustained by such entry upon and use of such property,
including reasonable attorneys', engineers' and appraisers' fees and other reasonable
expenses incurred by such owner or other parties in interest in connection with such
proceedings, and the costs and expenses of such proceedings. Such damages shall be
ascertained by said court or judge or a committee to be appointed for that purpose, and
if the sum so deposited shall be insufficient to pay such damages and all costs and
expenses so assessed, judgment shall be entered against said applicant for the deficiency
to be enforced and collected in the same manner as a judgment in the Superior Court,
and the possession of such property shall be restored to the owner or owners thereof.
(d) Any town, city or borough zoning commission and inland wetland agency may
regulate and restrict the proposed location of a facility, as defined in subdivisions (3)
and (4) of subsection (a) of section 16-50i. Such local bodies may make all orders
necessary to the exercise of such power to regulate and restrict, which orders shall be
in writing and recorded in the records of their respective communities, and written notice
of any order shall be given to each party affected thereby. Such a local body shall make
any such order (1) not more than sixty-five days after an application has been filed with
the council for the siting of a facility described in subdivision (3) of subsection (a) of
section 16-50i, or (2) not more than thirty days after an application has been filed with
the council for the siting of a facility described in subdivision (4) of subsection (a) of
section 16-50i. Each such order shall be subject to the right of appeal within thirty days
after the giving of such notice by any municipality required to be served with a copy of
the application under subdivision (1) of subsection (b) of section 16-50l or by any party
aggrieved to the council, which shall have jurisdiction, in the course of any proceeding
on an application for a certificate or otherwise, to affirm, modify or revoke such order
or make any order in substitution thereof by a vote of six members of the council.
(P.A. 73-458, S. 4; P.A. 75-375, S. 9, 11, 12; P.A. 94-242, S. 7, 9; P.A. 99-141, S. 1, 3, 4.)
History: P.A. 75-375 clarified extent of council's jurisdiction in Subsec. (a) and clarified agencies included under
applicability provision in Subsec. (d); P.A. 94-242 added reference to rulings on requests for shared use of facilities,
effective July 1, 1994; P.A. 99-141 amended Subsec. (d) by adding reference to any municipality required to be served
under Sec. 16-50l (b)(1), effective June 8, 1999, and applicable to applications pending before the Connecticut Siting
Council on or after that date, and amended Subsec. (d) by deleting provision requiring orders to be made within thirty days
of any application and by adding Subdivs. (1) and (2) re time periods in which a local body shall make an order, effective
October 1, 1999.
Cited. 212 C. 157, 159.
Cited. 20 CA 474, 476.
Subsec. (a):
Cited. 20 CA 474, 483, 485.
Siting council found to have exclusive jurisdiction in case involving proposed facility that would have both cellular
and noncellular attachments. 47 CS 382.
Subsec. (d):
Cited. 20 CA 474, 482-484, 486.
Sec. 16-50y. Location application for electric generating facilities. Section 16-50y is repealed.
(P.A. 73-458, S. 14; P.A. 76-359, S. 5, 7.)
Sec. 16-50z. Acquisition of real property for transmission facility. Regulations. Public service company acquisition of residential real property by condemnation. (a) No person engaged in the transmission of electric power or fuel in the state
shall acquire real property in contemplation of a possible future transmission facility,
other than a facility for which the council has issued a certificate or one which the council
has found will have no substantial adverse environmental effect, except as provided in
regulations adopted by the council. Such regulations shall permit such acquisition (1)
to avoid hardship for an owner of property; (2) to prevent substantial development along
a possible transmission route until it becomes timely for the council to decide whether
a certificate should be issued for a transmission facility along that route; and (3) to allow
a modification of the boundaries between an existing right-of-way in fee and an adjoining
parcel of land, or of the location of an existing easement right-of-way across a parcel
of land, for the convenience of the owner of such parcel. Such regulations shall require
that any such person intending to acquire such property shall, prior to entering any
binding commitment therefor, file with the council a statement describing the property
and the reason for its acquisition. Such acquisition may proceed unless the council
gives notice within thirty days after such filing that a hearing will be held to review the
conformity of the acquisition with its regulations, in which case such acquisition shall
not proceed without the approval of the council.
(b) A person engaged in the transmission of electric power or fuel in the state may
acquire real property, and exercise any right of eminent domain, granted by the general
statutes or any special act therefor, for (1) relocation of a transmission facility or right-of-way required by a public highway project or other governmental action; (2) acquisition of
additional rights or title to property already subject to an easement or other rights for
electric transmission or distribution lines; or (3) widening a portion, not exceeding one
mile in length, of a transmission right-of-way for reasons of safety or convenience of
the public.
(c) When a public service company intends to acquire residential real property by
condemnation, and the owner of such property disputes the company's need to acquire
such property, the owner may bring the issue of the purpose for which the property is
being acquired to the Siting Council not later than thirty days following the owner being
informed of the company's intention. The company shall include in its notification to
the owner of its intention to acquire such property by condemnation, a statement that
the owner may bring the issue of the purpose for which the property is being acquired
to the Siting Council. The company shall send such notification to the owner by certified
mail. Upon written request by the owner, the council shall initiate a proceeding to determine whether the proposed taking is necessary and consistent with the provisions of
section 16a-35k. The council shall (1) provide the owner of the property and the public
service company with notice of the proceeding, (2) hold a hearing in accordance with
the provisions of chapter 54 as part of such a proceeding, and (3) render a decision upon
the record not later than ninety days following the council's receipt of the written request
for such a proceeding, provided the parties may agree to a longer period, which decision
shall state whether the proposed taking is necessary and consistent with the provisions
of section 16a-35k and include appropriate findings. The public service company shall
pay the expenses incurred by the council in conducting a proceeding pursuant to this
subsection. If a public service company and the owner of real property agree that the
proposed taking is necessary and consistent with the provisions of section 16a-35k but
cannot agree on fair compensation for the property, or if the public service company or
owner disagrees with the decision of the council regarding whether the proposed taking
is necessary and consistent with the provisions of section 16a-35k, the public service
company or the owner may petition the Superior Court to determine the issue in question.
Such a petition shall be submitted to the superior court for the judicial district in which
the property is located.
(d) A public service company which acquires residential real property by condemnation shall pay to the owner of such property (1) the fair market value of such property,
(2) reasonable moving expenses incurred by the owner, provided if the owner moves
beyond a two-hundred-mile radius of such property, the company shall pay the reasonable moving expenses that would have been incurred by the owner if the owner had
moved within a two-hundred-mile radius of such property, and (3) any other expenses
as ordered by a court.
(P.A. 76-359, S. 6, 7; P.A. 95-217, S. 7.)
History: P.A. 95-217 added new Subsecs. (c) and (d) re condemnation of residential real property.
Section distinguishes between acquiring property and exercising "any right of eminent domain". 35 CS 303, 311.
Subsec. (a):
Legislative history indicates "acquire" means "purchase"; authority to condemn to be strictly construed in favor of
owner. 35 CS 303, 310-312.
Subsec. (b):
"Acquire" and "eminent domain" distinguished. 35 CS 303, 307, 311, 312.
Sec. 16-50aa. Tower sharing: Policy, requests, feasibility proceeding, compensation, expenses. (a) The General Assembly finds that the sharing of towers for fair
consideration whenever technically, legally, environmentally and economically feasible, and whenever such sharing meets public safety concerns, will avoid the unnecessary
proliferation of towers and is in the public interest.
(b) As used in this section, "facility" means a tower owned or operated for a commercial or public purpose by a person, firm, corporation or a public agency which uses such
tower for transmitting or receiving signals in the electromagnetic spectrum pursuant to
a Federal Communications Commission license.
(c) (1) A person, firm, corporation or public agency which transmits or receives
signals in the electromagnetic spectrum for a commercial or public purpose pursuant
to a Federal Communications Commission license may submit a request, on a form
specified by the council, to the owner of a facility that the owner permit shared use of
the facility. If such an owner agrees to the proposed shared use, the entity which would
share the use of the facility shall comply with reasonable conditions established by the
owner concerning the use of the facility. The council may arbitrate any issue between
the owner of the facility and the requesting entity concerning the establishment of or
compliance with any such conditions. An owner of a facility which agrees to shared use
of the facility pursuant to this section may request in writing that the council approve
the proposed shared use of the facility. If the council finds that the proposed shared use
of the facility is technically, legally, environmentally and economically feasible and
meets public safety concerns, the council shall issue an order approving such shared use.
(2) If an owner of a facility refuses permission for the proposed shared use, the
requesting entity may bring the issue of the proposed shared use to the council. Upon
written request by the requesting entity, the council shall initiate a feasibility proceeding
to determine whether the proposed shared use is technically, legally, environmentally
and economically feasible and meets public safety concerns. A feasibility proceeding
shall include a hearing in accordance with the provisions of chapter 54, to be held (A)
at a location determined by the council, and (B) not later than ninety days following the
council's receipt of the written request for such a proceeding. The council shall provide
the owner of the facility, the entity requesting the feasibility proceeding and the municipality in which the facility is located with notice of the proceeding not later than thirty
days preceding the hearing. In a feasibility proceeding, the council shall render a decision
upon the record, not later than one hundred eighty days following the council's receipt
of the written request for such a proceeding, stating whether the proposed shared use
of the facility is technically, legally, environmentally and economically feasible and
meets public safety concerns. The council shall include appropriate findings in its decision. If the council determines that the proposed shared use of the facility is technically,
legally, environmentally and economically feasible and meets public safety concerns,
the decision shall include an order requiring the owner of the facility to permit the
proposed shared use upon such terms, conditions or limitations as the council determines
appropriate.
(d) (1) If a person, firm, corporation or public agency which transmits, receives or
will transmit or receive signals in the electromagnetic spectrum for a commercial or
public purpose pursuant to a Federal Communications Commission license and the
owner of a facility agree to shared use of a facility but cannot agree on fair compensation
for the proposed shared use, or if the council, following a feasibility proceeding, orders
shared use of a facility but the parties cannot agree on fair compensation for such shared
use, the parties may either submit the issue of fair compensation to arbitration or petition
the Superior Court to determine the issue. If the parties submit their dispute to arbitration,
they must do so not later than ninety days following the issuance of the council's decision
in a feasibility proceeding or conclusion by the parties that they cannot agree on fair
compensation, as the case may be. If the parties submit their dispute to arbitration and
a party is not satisfied with the ruling of the arbitrator, any party may petition the Superior
Court to determine the issue. If either party petitions the Superior Court to determine
the issue of fair compensation, the petition shall be submitted to the superior court for
the judicial district in which the facility is located. The Department of Public Utility
Control shall accept, absent good cause to the contrary, the ruling of the arbitrator or
the decision of the Superior Court, as the case may be, for rate-making purposes.
(2) If a public service company owns a facility which is used to provide a regulated
service and another entity shares or will share the use of such facility pursuant to the
provisions of this subsection, the public service company shall incorporate the
agreement of the parties, the ruling of the arbitrator or the decision of the Superior Court,
as the case may be, regarding compensation for shared use of the facility in a tariff,
special contract or other applicable filing submitted by the owner to the Department of
Public Utility Control.
(e) The council, in consultation with the parties involved, shall determine the expenses associated with the proceedings set forth in this subsection, except expenses
associated with any petition or appeal taken to the Superior Court, prior to their expenditure. All such expenses shall be borne by the person, firm, corporation, or public agency
which seeks shared use of a facility under the provisions of this section.
(P.A. 93-268, S. 2; P.A. 94-242, S. 6, 9.)
History: P.A. 94-242 amended Subdiv. (1) of Subsec. (c) by adding provision re council approval of agreed shared use,
effective July 1, 1994.
Sec. 16-50bb. Municipal participation account. (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. The interest derived from the investment of the account shall
be credited to the account. Any balance remaining in the account at the end of any fiscal
year shall be carried forward in the account for the fiscal year next succeeding.
(b) Payments from the account shall be made upon authorization by the State Treasurer 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, to each municipality entitled to receive a copy of such application under section
16-50l in order to defray expenses incurred by such municipalities in participating as a
party to a certification proceeding, except for a proceeding on an application for a facility
described in subdivision (5) or (6) of subsection (a) of section 16-50i. Any moneys
remaining 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.
(P.A. 03-140, S. 15; P.A. 04-236, S. 8.)
History: P.A. 03-140 effective July 1, 2003, and applicable to applications for a certificate of environmental compatibility and public need filed after that date; P.A. 04-236 amended Subsec. (a) to make a technical change, effective June 8, 2004.
Sec. 16-50cc. Reconfiguration or burial of electric transmission facility. If legislation adopted on or after January 1, 2004, results in the reconfiguration or burial of
a proposed facility described in subdivision (1) of subsection (a) of section 16-50i, all
prudent costs incurred by an electric distribution company, as defined in section 16-1,
associated with the reconfiguration or burial shall be deemed to be reasonable pursuant
to sections 16-19 and 16-19e and shall be recovered by the electric distribution company
in its rates.
(P.A. 04-246, S. 11.)
History: P.A. 04-246 effective June 3, 2004, and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not
rendered a decision upon the record prior to June 3, 2004.
Sec. 16-50dd. State-wide telecommunications coverage data base. On or before
January 1, 2006, the Connecticut Siting Council shall develop, maintain and update
quarterly a state-wide telecommunications coverage data base that includes the location,
type and height of all telecommunications towers and antennas in the state, as well as
those towers specified in subdivision (6) of subsection (a) of section 16-50i. Such data
base shall be available for inspection by the public in hard copy and shall be accessible
electronically by means of the Internet or other media systems available to the public.
Upon request of a municipality, the council shall supply any information contained in
the data base to the municipality in preparing a plan under section 7-163c.
(P.A. 04-226, S. 2.)
History: P.A. 04-226 effective June 8, 2004.
Sec. 16-50ee. State-wide telecommunications coverage plan. (a) On or before
September 1, 2006, the Connecticut Siting Council shall develop a plan for state-wide
telecommunications coverage and annually shall review and revise such plan as necessary. The plan shall be consistent with the federal Telecommunications Act of 1996,
as amended, with sections 16-247a to 16-247s, inclusive, and with the tower sharing
provisions of section 16-50aa. The plan shall contain information on population growth
in the state and an analysis of existing and projected demands for telecommunications
coverage. On or before November 1, 2006, the Connecticut Siting Council shall supply
all information contained in such plan that concerns any municipality and any abutting
or adjoining municipalities, to a municipality upon request under section 8-2 or any
special act regulating the siting of telecommunications towers.
(b) On and after April 1, 2005, each provider of telecommunications services shall
file with the Connecticut Siting Council, on a form prescribed by the council, on the
non-tower locations of antenna array serving cellular and PCS telephone operations
in the state. Such information shall be used solely to prepare the plan required under
subsection (a) of this section and disclosure of such information shall not be subject to
the Freedom of Information Act, as defined in section 1-200.
(P.A. 04-226, S. 4.)
History: P.A. 04-226 effective June 8, 2004.