Connecticut Seal

General Assembly


Committee Bill No. 5802

January Session, 2011


LCO No. 4096



Referred to Committee on Public Safety and Security


Introduced by:





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

Section 1. (NEW) (Effective from passage) (a) No person who constructs or operates an electric generating facility shall use flammable gas to clean or blow the gas piping of such facility.

(b) Any person applying to the Connecticut Siting Council for a certificate to build a facility described in subdivision (3) of subsection (a) of section 16-50i of the general statutes shall provide for:

(1) At least one special inspector; and

(2) The training of local fire marshals of the municipality where the facility is proposed to be located on the issues involved in construction.

(c) The special inspector required under subsection (b) of this section shall have the following duties:

(1) To assist the local fire marshal in reviewing and approving methods for cleaning the interior of gas piping;

(2) To approve an appropriate safety plan for any nonflammable gas blows conducted at the electric generating facility;

(3) To observe the actual cleaning procedure in order to assure compliance with the approved methods for cleaning the interior of gas piping; and

(4) To conduct inspections during construction of such facility in order to ensure compliance with the approved methods and with the provisions of this section.

(d) Any person designated as a special inspector for purposes of this section shall:

(1) Be approved by the Connecticut Siting Council and not otherwise financially involved in the construction or operation of the electric generating facility; and

(2) (A) Be licensed as a professional engineer pursuant to chapter 391 of the general statutes;

(B) Be commissioned by the American Society of Mechanical Engineers; or

(C) Have equivalent experience working with the International Code Council's International Mechanical Code and the American Society of Mechanical Engineers' Process Piping Code, as determined by the American Society of Mechanical Engineers.

(e) Any person who violates any provision of subsection (a) or (b) of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both for each offense.

Sec. 2. Subsection (h) of section 16-50j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(h) Prior to commencing any hearing pursuant to section 16-50m, the council shall consult with and solicit written comments from (1) the Department of Environmental Protection, the Department of Public Health, the Council on Environmental Quality, the Department of Agriculture, the Department of Public Utility Control, the Office of Policy and Management, the Department of Economic and Community Development and the Department of Transportation, and (2) for a facility described in subdivision (3) of subsection (a) of section 16-50i, the Department of Emergency Management and Homeland Security, the Department of Public Safety, the Department of Consumer Protection and the Department of Public Works and the Labor Department. In addition, the Department of Environmental Protection shall have the continuing responsibility to investigate and report to the council on all applications which prior to October 1, 1973, were within the jurisdiction of said Department of Environmental Protection with respect to the granting of a permit. Copies of such comments shall be made available to all parties prior to the commencement of the hearing. Subsequent to the commencement of the hearing, said departments and council may file additional written comments with the council within such period of time as the council designates. All such written comments shall be made part of the record provided by section 16-50o. Said departments and council shall not enter any contract or agreement with any party to the proceedings or hearings described in this section or section 16-50p, that requires said departments or council to withhold or retract comments, refrain from participating in or withdraw from said proceedings or hearings.

Sec. 3. (NEW) (Effective from passage) At least once during the period of construction of an electric generating facility in this state, the Connecticut Siting Council and the Departments of Public Safety, Emergency Management and Homeland Security, Consumer Protection and Public Works, and the Labor Department shall conduct a meeting to discuss and develop proposed resolutions for any known or potential safety issue at such facility. The council and said departments shall submit any such proposed resolutions to the special inspector provided for such facility, as required pursuant to section 1 of this act.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

from passage


Sec. 3

from passage

New section

Statement of Purpose:

To adopt certain safety measures recommended by the Thomas Commission in response to the explosion which took place on February 7, 2010, at the Kleen Energy construction site in Middletown, Connecticut.

[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.]


REP. ORANGE, 48th Dist.; REP. DARGAN, 115th Dist.

SEN. DAILY, 33rd Dist.; REP. LESSER, 100th Dist.

REP. HAMM, 34th Dist.; REP. CARPINO, 32nd Dist.

SEN. DOYLE, 9th Dist.; SEN. PRAGUE, 19th Dist.

REP. RYAN, 139th Dist.; REP. SERRA, 33rd Dist.

H.B. 5802