Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 7571

   
 

*SB0053607571SDO*

Offered by:

 

SEN. LOONEY, 11th Dist.

SEN. DUFF, 25th Dist.

SEN. DOYLE, 9th Dist.

SEN. SLOSSBERG, 14th Dist.

SEN. GERRATANA, 6th Dist.

SEN. WINFIELD, 10th Dist.

To: Senate Bill No. 536

File No. 471

Cal. No. 245

"AN ACT CONCERNING ESTABLISHING A STATE-WIDE PLAN AND PROCESS FOR SITING SMALL CELL ANTENNA AND DISTRIBUTED ANTENNA SYSTEMS. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective July 1, 2017) (a) As used in this section:

(1) "Small cell" means low-powered wireless base stations; and

(2) "Distributed antenna system" means a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.

(b) On or before January 1, 2018, the Connecticut Siting Council shall incorporate into the state-wide telecommunications coverage plan, developed pursuant to section 16-50ee of the general statutes, a process for siting small cell antenna and distributed antenna systems including, but not limited to, siting attachments to existing structures used for the transmission or distribution of electricity in the public rights-of-way. Such process for siting small cell antenna and distributed antenna systems, including, but not limited to, siting attachments to existing structures used for the transmission or distribution of electricity in the public rights-of-way, shall include participation of the municipality in which the small cell antenna or distributed antenna system is proposed to be sited.

Sec. 2. Subsection (a) of section 16-50i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

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

Sec. 3. Subsection (a) of section 16-50x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) Notwithstanding any other provision of the general statutes, [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. When evaluating an application for a telecommunication tower within a particular municipality, the council shall consider any location preferences or criteria (1) provided to the council pursuant to section 16-50gg, or (2) that may exist in the zoning regulations of said municipality as of the submission date of the application to the council. 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.

Sec. 4. Section 16-243 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

[The] Except as provided in section 1 of this act, the Public Utilities Regulatory Authority shall have exclusive jurisdiction and direction over the method of construction or reconstruction in whole or in part of each system used for the transmission or distribution of electricity, with the kind, quality and finish of all materials, wires, poles, conductors and fixtures to be used in the construction and operation thereof, and the method of their use, including all plants and apparatus used for generating electricity located upon private property upon which there are conductors capable of transmitting electricity to other premises in such manner as to endanger any person or property. The authority may make any order necessary to the exercise of such power and direction, which order shall be in writing and entered in the records of the authority. Each person or corporation operating any such system or generating plant shall, at its expense, comply with such order. Any person violating any provision of any such order shall be subject to the penalty prescribed in section 16-41. "

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

Section 1

July 1, 2017

New section

Sec. 2

July 1, 2017

16-50i(a)

Sec. 3

July 1, 2017

16-50x(a)

Sec. 4

July 1, 2017

16-243