History: P.A. 73-41 included gas transmission lines with design capability of two hundred pounds per square inch
gauge pressure or more in definition of "facility"; P.A. 73-458 added "which may have a substantial adverse environmental
effect" in Subdiv. (4) of definition of "facility" and defined "modification"; P.A. 76-317 deleted references to length of
lines in Subdivs. (1) and (2) of "facility" definition and rewording provision re pressure of gas transmission lines; P.A.
77-218 added Subdivs. (5) and (6) re community antenna television and telecommunications towers in definition of "facility"; P.A. 79-214 excluded facilities producing one or less megawatt of electricity by cogeneration technology from definition of "facility"; P.A. 79-470 changed height limit for telecommunications towers from one hundred to fifty feet in Subdiv.
(6) of "facility" definition; P.A. 80-81 deleted reference to tower height in Subdiv. (6) of "facility" definition altogether
and included reference to associated equipment; P.A. 81-439 excluded cogeneration facility having capacity of ten megawatts, rather than one megawatt, from definition of facility and limited exclusion to cogeneration and renewable energy
facilities owned and operated by private power producers and qualifying under the Public Utility Regulatory Policies Act
of 1978; P.A. 83-569 redefined "facility" to include certain substations and switchyards; P.A. 84-249 amended Subdiv.
(6) of Subsec. (a) to include telecommunication towers used in a cellular system in the definition of "facility"; P.A. 86-336 amended Subpara. (iii) of Subdiv. (3) of Subsec. (a) to increase, from ten to twenty-five megawatts of electricity, the
maximum generating capacity which a facility utilizing cogeneration technology must have in order to be excluded from
definition of "facility"; P.A. 89-61 added provisions in Subsec. (a) eliminating transmissions line taps and emergency
generating devices from the jurisdiction of the council and added new Subsecs. (e) and (f) defining a transmission line tap
and an emergency generating device; P.A. 94-74 redefined "facility" to include provision re persons, firms or corporations
certified to provide intrastate telecommunication services, effective July 1, 1994; P.A. 95-79 redefined "person" to include
a limited liability company, effective May 31, 1995; P.A. 98-28 amended Subsec. (f) by adding electric distribution
companies, effective July 1, 1998; P.A. 99-286 amended Subsec. (a)(6) by changing reference to person, firm or corporation
certified by the department to "certified telecommunications provider", effective July 19, 1999; P.A. 03-140 amended
Subsec. (a) to make a technical change and to add Subdiv. (7) re any component of a proposal submitted pursuant to the
request-for-proposal process, and added new Subsec. (g) defining "request-for-proposal process", effective October 1,
2004; P.A. 05-288, effective July 13, 2005, and June Sp. Sess. P.A. 05-1, effective July 21, 2005, both amended Subsec.
(a)(2) by adding "or having a design capacity of less than twenty per cent of its specified minimum yield strength".
Sec. 16-50k. Certificate of environmental compatibility and public need.
Transfer. Amendment. Excepted matters. Waiver. (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 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, 2004, (2) the construction or
location of any fuel cell, unless the council finds a substantial adverse environmental
effect, or of any customer-side distributed resources project or facility or grid-side distributed resources project or facility with a capacity of not more than sixty-five megawatts, so long as such project meets air quality standards of the Department of Environmental Protection, and (3) the siting of temporary generation solicited by the Department
of Public Utility Control pursuant to section 16-19ss.
(b) A certificate may be transferred, subject to the approval of the council, to a
person who agrees to comply with the terms, limitations and conditions contained
therein. The council shall not approve any such transfer if it finds that such transfer was
contemplated at or prior to the time the certificate was issued and such fact was not
adequately disclosed during the certification proceeding.
(c) A certificate issued pursuant to this chapter may be amended as provided in this
chapter.
(d) This chapter shall apply to any facility described in subdivisions (1) to (3),
inclusive, of subsection (a) of section 16-50i, the construction of which is commenced
on or after April 1, 1972, and to any such facility the construction of which is approved
by a municipality that has commenced the sale of bonds or bond anticipation notes on
or after April 1, 1972, the proceeds or part of the proceeds of which are to finance such
construction. This chapter shall apply to any facility described in subdivision (4) of said
subsection (a) of section 16-50i, the construction of which is commenced on or after
July 1, 1983, and to any such facility the construction of which is approved by a municipality that has commenced the sale of bonds or bond anticipation notes on or after July
1, 1983, the proceeds or part of the proceeds of which are to finance such construction.
This chapter shall apply to any facility described in subdivisions (5) and (6) of said
subsection, the construction of which is commenced on or after October 1, 1977, and
to any such facility the construction of which is approved by a municipality that has
commenced the sale of bonds or bond anticipation notes on or after October 1, 1977,
the proceeds or part of the proceeds of which are to finance such construction. This
chapter shall apply to the modification of a facility described in subdivisions (1) to (3),
inclusive, of said subsection (a) for which construction is commenced on or after April
1, 1972, modifications of a facility described in subdivision (4) of said subsection (a)
for which construction is commenced on or after July 1, 1983, and modifications of a
facility described in subdivisions (5) and (6) of said subsection (a) of section 16-50i,
for which construction is commenced on or after October 1, 1977, whenever such modification either alone or in combination with existing or other proposed facility modifications may, as determined by the council, have a substantial adverse environmental effect.
This chapter shall not apply to any matter over which any agency, department or instrumentality of the federal government has exclusive jurisdiction, or has jurisdiction concurrent with that of the state and has exercised such jurisdiction, to the exclusion of
regulation of such matter by the state.
(e) Any person intending to construct a facility excluded from one or more provisions of this chapter may, to the extent permitted by law, elect to waive such exclusion
by delivering notice of such waiver to the council. Such provisions shall thereafter apply
to each facility identified in such notice from the date of its receipt by the council.
(1971, P.A. 575, S. 5; P.A. 73-458, S. 3; P.A. 76-359, S. 4, 7; P.A. 77-218, S. 3; P.A. 83-569, S. 15, 17; P.A. 98-28, S.
49, 117; P.A. 00-93; P.A. 01-49, S. 7; P.A. 03-140, S. 6; June Sp. Sess. P.A. 05-1, S. 18.)
History: P.A. 73-458 added exception re Sec. 16-50y in Subsec. (a) and qualified applicability of chapter in Subsec.
(d) with regard to modification of facilities; P.A. 76-359 replaced reference to Sec. 16-50y in Subsec. (a) with reference
to Subsec. (b) of Sec. 16-50z; P.A. 77-218 clarified applicability provisions of Subsec. (d); P.A. 83-569 amended Subsec.
(d) to limit application of chapter to facilities described in Subdiv. (4) of Subsec. (a) of Sec. 16-50i (substations and
switchyards) to those constructed on or after July 1, 1983; P.A. 98-28 amended Subsec. (a) by requiring the council to
approve by declaratory ruling the siting of electric generation facilities that do not use nuclear materials or coal as fuel,
effective July 1, 1998; P.A. 00-93 amended Subsec. (a) by excepting fuel cells with a generating capacity of ten kilowatts
or less and by adding provision re approval by declaratory ruling of the construction or location of fuel cells; P.A. 01-49
amended Subsec. (a) to make technical changes; P.A. 03-140 amended Subsec. (a) to replace "this subsection" with "this
chapter or title 16a" and to add Subdiv. (3) re siting of temporary generation, effective June 26, 2003; June Sp. Sess. P.A.
05-1 amended Subsec. (a) to replace "1998" with "2004" in Subdiv. (1) and allow the council to approve by declaratory
ruling customer-side distributed resources and certain grid-side distributed resources in Subdiv. (2), effective July 21, 2005.
Sec. 16-50p. Certification proceeding decisions: Timing, opinion, factors considered. Telecommunications and community antenna television facilities: Additional factors considered, conditions. Modification of location. Amendment proceeding decisions. Service and notice. "Public need" defined. (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 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. The council shall not grant a certificate, either as proposed or as modified by
the council, unless it shall find and determine:
(A) Except as provided in subsection (c) of this section, 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, including, but not limited to, electromagnetic fields that, 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,
and (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, are consistent with the purposes of this chapter, with such
regulations or standards as the council may adopt pursuant to section 16-50t, including,
but limited to, the council's best management practices for electric and magnetic fields
for electric transmission lines 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 and are to be contained within an area that
provides a buffer zone that protects the public health and safety, as determined by the
council. In establishing such buffer zone, the council shall take into consideration,
among other things, residential areas, private or public schools, licensed child day care
facilities, licensed youth camps or public playgrounds adjacent to the proposed route
of the overhead portions and the level of the voltage of the overhead portions and any
existing overhead transmission lines on the proposed route. At a minimum, the existing
right-of-way shall serve as the buffer zone;
(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 that is proposed to be installed on land under agricultural restriction, as provided
in section 22-26cc, that the facility will not result in a material decrease of acreage and
productivity of the arable land.
(b) (1) Prior to granting an applicant's certificate for a facility described in subdivision (5) or (6) of section 16-50i, the council shall examine, in addition to its consideration
of subdivisions (1) to (5), inclusive, of subsection (a) of this section: (A) The feasibility
of requiring an applicant to share an existing facility, as defined in subsection (b) of
section 16-50aa, within a technically derived search area of the site of the proposed
facility, provided such shared use is technically, legally, environmentally and economically feasible and meets public safety concerns, (B) whether such facility, if constructed,
may be shared with any public or private entity which provides telecommunications
or community antenna television service to the public, provided such shared use is
technically, legally, environmentally and economically feasible at fair market rates,
meets public safety concerns, and the parties' interests have been considered and (C)
whether the proposed facility would be located in an area of the state which the council,
in consultation with the Department of Environmental Protection and any affected municipalities, finds to be a relatively undisturbed area that possesses scenic quality of
local, regional or state-wide significance. The council may deny an application for a
certificate if it determines that (i) shared use under the provisions of subparagraph (A)
of this subdivision is feasible, (ii) the applicant would not cooperate relative to the future
shared use of the proposed facility, or (iii) the proposed facility would substantially
affect the scenic quality of its location and no public safety concerns require that the
proposed facility be constructed in such a location.
(2) When issuing a certificate for a facility described in subdivision (5) or (6) of
subsection (a) of section 16-50i, the council may impose such reasonable conditions as
it deems necessary to promote immediate and future shared use of such facilities and
avoid the unnecessary proliferation of such facilities in the state. The council shall, prior
to issuing a certificate, provide notice of the proposed facility to the municipality in
which the facility is to be located. Upon motion of the council, written request by a public
or private entity which provides telecommunications or community antenna television
service to the public or upon written request by an interested party, the council may
conduct a preliminary investigation to determine whether the holder of a certificate for
such a facility is in compliance with the certificate. Following its investigation, the
council may initiate a certificate review proceeding, which shall include a hearing, to
determine whether the holder of a certificate for such a facility is in compliance with
the certificate. In such proceeding, the council shall render a decision and may issue
orders which it deems necessary to compel compliance with the certificate, which orders
may include, but not be limited to, revocation of the certificate. Such orders may be
enforced in accordance with the provisions of section 16-50u.
(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 public benefit for the facility.
(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 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.
(3) 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.
(4) 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.
(d) If the council determines that the location of all or a part of the proposed facility
should be modified, it may condition the certificate upon such modification, provided
the municipalities, and persons residing or located in such municipalities, affected by
the modification shall have had notice of the application as provided in subsection (b)
of section 16-50l.
(e) In an amendment proceeding, the council shall render a decision within ninety
days of the filing of the application or adoption of the resolution initiating the proceeding.
The council shall file an opinion with its order stating its reasons for the decision. The
council's decision shall include the findings and determinations enumerated in subsection (a) of this section which are relevant to the proposed amendment.
(f) A copy of the order and opinion issued therewith shall be served upon each
party and a notice of the issuance of the order and opinion shall be published in such
newspapers as will serve substantially to inform the public of the issuance of such order
and opinion. The name and address of each party shall be set forth in the order.
(g) In making its decision as to whether or not to issue a certificate, the council shall
in no way be limited by the fact that the applicant may already have acquired land or
an interest therein for the purpose of constructing the facility which is the subject of its
application.
(h) For purposes of this section, a public need exists for an energy facility if such
facility is necessary for the reliability of the electric power supply of the state.
(i) For a facility described in subdivision (1) of subsection (a) of section 16-50i,
with a capacity of three hundred forty-five kilovolts or greater, there shall be a presumption that a proposal to place the overhead portions, if any, of such facility adjacent to
residential areas, private or public schools, licensed child day care facilities, licensed
youth camps or public playgrounds is inconsistent with the purposes of this chapter. An
applicant may rebut this presumption by demonstrating to the council that it will be
technologically infeasible to bury the facility. In determining such infeasibility, the
council shall consider the effect of burying the facility on the reliability of the electric
transmission system of the state.
(1971, P.A. 575, S. 10; P.A. 73-340, S. 1, 2; 73-458, S. 8; P.A. 75-375, S. 7, 12; P.A. 76-320, S. 1, 2; 76-359, S. 3, 7;
P.A. 77-218, S. 4; P.A. 79-537, S. 4; P.A. 80-483, S. 66, 186; P.A. 83-569, S. 5, 17; P.A. 88-121, S. 1, 3; P.A. 93-268, S.
1; P.A. 94-176, S. 3; P.A. 98-28, S. 50, 117; P.A. 01-120, S. 2, 3; P.A. 03-140, S. 10-13; 03-221, S. 6; 03-248, S. 1; 03-263, S. 6; 03-278, S. 120; P.A. 04-236, S. 6, 7; 04-246, S. 3-7; P.A. 05-288, S. 219.)
History: P.A. 73-340 added Subsec. (d) re irrelevance of applicant's prior acquisition of land; P.A. 73-458 amended
Subsec. (a) to clarify Subdiv. (2) by specifying "significant" adverse effects "whether alone or cumulatively ...", to add
"that will provide, in accordance with the need for adequate and reliable electric service" in Subdiv. (4)(B) and to delete
Subdiv. (6) re conformity of facility location to state and local laws; P.A. 75-375 amended Subsec. (a) to require decision
within ten months rather than one year, to delete reference in Subdiv. (4)(B) to elimination of overhead lines in accordance
with need for adequate and reliable service and to require consistency with purposes of Ch. 277a and adopted regulations
as well as with federal guidelines under Subdiv. (4)(C); P.A. 76-320 made technical change in Subsec. (b) and amended
Subsec. (c) to require publication of notice of issuance of order and opinion rather than publication of copy of order and
opinion; P.A. 76-359 rephrased Subsec. (d); P.A. 77-218 made ten-month deadline applicable to applications for facilities
in Subdivs. (1) to (4), inclusive, of Sec. 16-50i(a), imposed one-hundred-twenty-day deadline for those in Subdivs. (5)
and (6) and made provision for extensions under Subsec. (a); P.A. 79-537 made clear that provisions apply to certification
proceedings, inserted new Subsec. (c) re amendment proceedings and redesignated former Subsecs. (c) and (d) accordingly;
P.A. 80-483 made technical changes; P.A. 83-569 amended Subsec. (a) to establish a time limit for council decisions
affecting substations and switchyards; P.A. 88-121 amended Subsec. (a) increasing the council's time to render decisions
on applications; P.A. 93-268 inserted new Subsec. (b) regarding factors considered in granting and conditions of a certificate
for a facility described in Subdiv. (5) or (6) of Subsec. (a) of Sec. 16-50i and relettered former Subsecs. (b) to (e) as (c) to
(f); P.A. 94-176 amended Subsec. (a) by adding provision in Subpara. (C) of Subdiv. (4) re life-cycle cost analysis of the
facility and underground alternatives; P.A. 98-28 made technical changes in Subsec. (a), added new Subsec. (c) re siting
of electric generating and storage facilities and electric transmission lines which are substantially underground or underwater, and redesignated former Subsecs. (c) to (f) as Subsecs. (d) to (g), effective July 1, 1998; P.A. 01-120 amended Subsec.
(a) by adding aquaculture to items in Subdiv. (2) that council must determine the probable environmental impact upon for
any facility and adding provisions making the terms of any agreement between the applicant and any party to the proceeding
or third party part of the record of the proceeding, effective July 1, 2001; P.A. 03-140 amended Subsec. (a) to add provisions
re feasible and prudent alternatives, effective July 1, 2003, and applicable to applications for a certificate of environmental
compatibility and public need filed after that date, and further amended said Subsec. to add subdiv. designators, to add
"not later than" and "after the deadline for filing an application following the request-for-proposal process for" in Subdivs.
(2)(A) and (2)(B), to delete reference to community antenna television and telecommunication towers in Subdiv. (2)(B),
to add Subdiv. (2)(C) re deadline for issuing a decision on an application for community antenna television and telecommunication towers, to delete provisions re feasible and prudent alternatives, to add Subdiv. (3)(F) re applications heard under
a consolidated hearing process, to delete provisions re terms of agreements as part of the record of the proceedings, and
to make conforming changes, effective October 1, 2004, and amended Subsec. (c) to add provisions re public need for a
facility that is substantially underwater in Subdiv. (2)(A), to add provisions re feasible and prudent alternatives, and to make
technical changes, effective July 1, 2003, and applicable to applications for a certificate of environmental compatibility and
public need filed after that date, and further amended said subsec. to add Subdiv. (1)(D) re applications heard under a
consolidated hearing process, to delete provisions re feasible and prudent alternatives, and to add Subdiv. (2)(F) re applications heard under a consolidated hearing process, effective October 1, 2004; P.A. 03-221 added Subsec. (a)(6) re telecommunication towers proposed on land under agricultural restriction; P.A. 03-248 added Subsec. (c)(3) re rebuttable resumption
for an application for certain electric transmission lines, effective July 9, 2003; P.A. 03-263 added new Subsec. (h) re
definition of public need for an energy facility, effective July 9, 2003; P.A. 03-278 amended Subsec. (a) by adding Subdiv.
(6) re facility proposed to be installed on land under agricultural restriction; P.A. 04-236 made a technical change in former
version of Subsecs. (a)(4)(C) and (c)(2)(B), effective June 8, 2004; P.A. 04-246 amended Subsec. (a) to make technical
changes, to add "including, but not limited to, electromagnetic fields that," to include references to standards and best
management practices for electric and magnetic fields for electric transmission lines, and to add buffer zone requirement,
amended Subsec. (c) to make technical changes and to eliminate provisions re rebuttable presumption for certain electric
transmission line applications, and added Subsec. (i) re presumption re proposal for an overhead electric transmission
facility with a capacity of three hundred forty-five kilovolts or greater, 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 (Revisor's note:
In 2005, the Revisors editorially redesignated Subsec. (c)(3) as Subsec. (c)(4) to conform with technical changes made by
P.A. 04-246); P.A. 05-288 made technical changes in Subsec. (a)(3)(A) and (D), effective July 13, 2005.
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 or petitions
for a declaratory ruling 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; June Sp. Sess. P.A. 05-1, S. 23.)
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; June Sp. Sess. P.A. 05-1 amended Subsec. (a) to add "or petitions for a declaratory ruling", effective July
1, 2005.