Conn. Gen. Stat. § 16-50j

Current with legislation from the 2024 Regular and Special Sessions.

Section 16-50j - [Effective 10/1/2024] Connecticut Siting Council. Membership. Regulations. Consultation with state agencies

(a) There is established the Connecticut Siting Council, hereinafter referred to in this title as the "council", which shall be within the Department of Energy and Environmental Protection for administrative purposes only.

(b) Except as provided in subsection (c) of this section, the council shall consist of:

(1) The Commissioner of Energy and Environmental Protection, or the commissioner's designee;

(2) the chairperson of the Public Utilities Regulatory Authority, or the chairperson's designee;

(3) one designee of the speaker of the House and one designee of the president pro tempore of the Senate; and

(4) five public members, to be appointed by the Governor, at least two of whom shall be experienced in the field of ecology, and all five of whom shall, consistent with the provisions of section 4-9a, have no substantial financial interest in, not be employed in or by, and not be professionally affiliated with any (A) utility, (B) facility, (C) hazardous waste facility, as defined in section 22a-115, or (D) ash residue disposal area, and shall have had no professional affiliation with any such utility, facility, hazardous waste facility or ash residue disposal area for three years preceding such public member's appointment to the council.

(c) For proceedings under chapter 445, the council shall consist of (1) the Commissioners of Public Health and Emergency Services and Public Protection or their designated representatives; (2) the designees of the speaker of the House of Representatives and the president pro tempore of the Senate as provided in subsection (b) of this section; (3) the five public members as provided in subsection (b) of this section; and (4) four ad hoc members, appointed by the chief elected official of the municipality each such member represents, three of whom shall be electors from the municipality in which the proposed facility is to be located and one of whom shall be an elector from a neighboring municipality likely to be most affected by the proposed facility.

(d) For the appointment of ad hoc members in accordance with subsection (c) of this section, the municipality most affected by the proposed facility shall be determined by the permanent members of the council. If any one of the five public members or of the designees of the speaker of the House of Representatives or the president pro tempore of the Senate resides (1) in the municipality in which a hazardous waste facility is proposed to be located for a proceeding concerning a hazardous waste facility or in which a low-level radioactive waste facility is proposed to be located for a proceeding concerning a low-level radioactive waste facility, or (2) in the neighboring municipality likely to be most affected by the proposed facility, the appointing authority shall appoint a substitute member for the proceedings on such proposal. If any appointee is unable to perform such appointee's duties on the council due to illness, or has a substantial financial or employment interest which is in conflict with the proper discharge of the appointee's duties under this chapter, the appointing authority shall appoint a substitute member for proceedings on such proposal. An appointee shall report any substantial financial or employment interest which might conflict with the proper discharge of the appointee's duties under this chapter to the appointing authority who shall determine if such conflict exists. If any state agency is the applicant, an appointee shall not be deemed to have a substantial employment conflict of interest because of employment with the state unless such appointee is directly employed by the state agency making the application. Ad hoc members shall continue their membership until the council issues a letter of completion of the development and management plan to the applicant.

(e) The chairperson of the council shall be appointed by the Governor from among the five public members appointed by the Governor, with the advice and consent of the House or Senate, and shall serve as chairperson at the pleasure of the Governor.

(f) The public members of the council, including the chairperson, the members appointed by the speaker of the House and president pro tempore of the Senate and the four ad hoc members specified in subsection (c) of this section, shall be compensated for their attendance at public hearings, executive sessions, or other council business as may require their attendance at the rate of two hundred dollars, provided in no case shall the daily compensation exceed two hundred dollars.

(g) The council shall employ such employees as may be necessary to carry out the provisions of this chapter, and such employees shall, in the aggregate, have sufficient expertise in engineering and financial analysis to carry out the provisions of this chapter.

(h) The council shall, in addition to its other duties prescribed in this chapter, adopt, amend, or rescind suitable regulations to carry out the provisions of this chapter and the policies and practices of the council in connection therewith, and appoint and prescribe the duties of such staff as may be necessary to carry out the provisions of this chapter. The chairperson of the council, with the consent of five or more other members of the council, may appoint an executive director, who shall be the chief administrative officer of the Connecticut Siting Council. The executive director shall be exempt from classified service.

(i) Prior to commencing any hearing pursuant to section 16-50m, the council shall consult with and solicit written comments from (1) the Departments of Energy and Environmental Protection, Public Health, Agriculture, Economic and Community Development and Transportation and the Council on Environmental Quality, the Public Utilities Regulatory Authority, the Office of Policy and Management and the Office of Consumer Counsel, and (2) in a hearing pursuant to section 16-50m, for a facility described in subdivision (3) of subsection (a) of section 16-50i, the Department of Emergency Services and Public Protection, the Department of Administrative Services, the Labor Department and the Office of Consumer Counsel. 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, Council on Environmental Quality, authority and offices may file additional written comments with the Connecticut Siting Council within such period of time as the Connecticut Siting Council designates. All such written comments shall be made part of the record, as provided in section 16-50o. Said departments, Council on Environmental Quality, authority and offices 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, Council on Environmental Quality, authority or offices to withhold or retract comments, refrain from participating in or withdraw from said proceedings or hearings.

Conn. Gen. Stat. § 16-50j

(1971, P.A. 575, S. 4; 1972, P.A. 228; June, 1972, P.A. 1, S. 18; P.A. 73-458, S. 2; P.A. 75-375, S. 2, 12; P.A. 76-282, S. 1, 3; 76-319, S. 1, 2; P.A. 77-223, S. 1, 2; 77-614, S. 19, 155, 162, 284, 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 87, 348; P.A. 81-369, S. 3, 20; P.A. 82-209, S. 2, 3; P.A. 83-569, S. 3, 17; P.A. 86-336, S. 1, 19; P.A. 87-540, S. 24, 26; P.A. 88-102, S. 1, 2; 88-161, S. 1, 2; 88-361, S. 23, 29; P.A. 89-384, S. 11, 15; P.A. 93-381 , S. 9 , 39 ; P.A. 95-250 , S. 1 ; 95-257 , S. 12 , 21 , 58 ; P.A. 96-211 , S. 1 , 5 , 6 ; P.A. 03-263 , S. 1 ; June 30 Sp. Sess. P.A. 03-6, S. 146 (g); P.A. 04-189 , S. 1 ; 04-236 , S. 2 ; P.A. 06-76 , S. 5 ; P.A. 07-222 , S. 8 ; P.A. 08-124 , S. 5 ; P.A. 11-51 , S. 134 ; 11-80 , S. 1 , 32 ; 11-101 , S. 2 ; June 12 Sp. Sess. P.A. 12-2 , S. 106 ; P.A. 13-5 , S. 4 ; 13-247 , S. 221 ; P.A. 14-94 , S. 11 ; 14-134 , S. 8 .)

Amended by P.A. 24-0144,S. 2 of the Connecticut Acts of the 2024 Regular Session, eff. 10/1/2024.

Amended by P.A. 23-0108,S. 1 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023. Vetoed by the Governor June 29, 2023.

Amended by P.A. 21-0037, S. 1 of the Connecticut Acts of the 2021 Regular Session, eff. 6/4/2021.

Amended by P.A. 14-0134, S. 8 of the Connecticut Acts of the 2014 Regular Session, eff. 6/6/2014.

Amended by P.A. 14-0094, S. 11 of the Connecticut Acts of the 2014 Regular Session, eff. 6/6/2014.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

Cited. 180 Conn. 474 ; 212 Conn. 157 ; 216 C. 1 . Cited. 20 Conn.App. 474 .

See Sec. 4-9a for definition of "public member". See Sec. 4-38f for definition of "administrative purposes only".