Section 1: Coverage Assessment.

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Upon the request a municipality the Council must provide a "coverage assessment" for the municipality. The coverage assessment should identify areas with inconsistent or nonexistent coverage and existing and projected demands for telecommunications coverage in the municipality.

The Council may request information from telecommunications providers in order to provide information for the municipal "coverage assessments," however that information may only be used for purposes of Section 1.

Section 2: Municipal Location Preference.

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Upon notifying a municipality of a telecommunications tower within their locality, the Council must also request the municipality provide the Council with a location preference or criteria within 30 days.

Section 3: Municipal Preference.

Modifies Conn. Gen. Stat. § 16-50x – Exclusive jurisdiction of the council; exception. Eminent domain after certification. Municipal regulation of proposed location.

The Council must consider the town’s location preferences as well as zoning regulations when evaluating a telecommunications application. Of note, it is currently the policy of the Council to take into account such considerations. Inclusion of this section in the bill is a codification of current practice.

Section 4: Restoration and Revegetation.

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The Council may order restoration or revegetation of any transmission line project right-of-way, as part of its supervision construction order, if there has been "a significant and material loss of screening as a result of clearing activities". Such an order must comply with standards regarding clearances between energized conductors and vegetation and work distances to conductors.

Section 5: Administrative Fees.

Modifies C.G.S. § 16-50v – Administration expenses. Assessments. Fees. Staff. Consultants. Studies.

This section increases the total energy industry assessment of the Council may charge in a fiscal year from $1 million to $1.5 million.

Section 6: Apportionment and Assessment.

Modifies Conn. Gen. Stat. § 16-50v – Administration Expenses. Assessments. Fees. Staff. Consultant Studies.

The Council must apportion and assess anticipated expenses in relation to the Council’s direct costs and among persons who provide communication services or have provided communication service facilities and appeared before the Council in the preceding calendar year.

Previously, the Council’s cost assessment was based upon frequency of appearance, degree of regulation required and the Council’s workload and persons who had provided communications service facilities were excluded from the statute. This change is intended to simplify the process.

Section 7: Late Fees.

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Beginning January 1, 2008 all invoices more than 30 days past due will be charge 1½ percent, per month, of the overdue amount.

Section 8: Compensation.

Modifies Conn. Gen. Stat. § 16-50j – Connecticut Siting Council. Regulations. Consultation with State Agencies. State Agency Agreements with Parties to Proceeding.

Increased the amount of compensation Council members receive from $150 to $200 per day for attendance at Council events. The legislative cap previously applied to Council compensation, has been removed.

Public Act 07-242

Section 8: Facility Security Investigation Proceeding.

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Before September 1, 2007 the Council must begin a contested case proceeding in consultation with the Emergency Management and Homeland Security Coordinating Council and the Department of Public Utility Control (DPUC). The proceeding should "investigate energy security with regard to the siting of electric generating facilities and transmission facilities." The Council may discuss sensitive issues in executive session (according to Conn. Gen. Stat. § 1-200, executive session means excluding the public), for information submitted under a protective order.

Section 9: Reliability during Peak Demand Proceedings.

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Before July 1, 2007 DPUC must begin an uncontested proceeding in consultation with the Siting Council and submit its findings to the Energy Committee of the General Assembly by February 1, 2008. The proceeding should "asses the ways in which the state can ensure and enhance the reliability of electric generating facilities located in the state during periods of peak electric demand". The section specifies topics to be covered by the assessment and other parties to be consulted.

Section 21-36: Energy Improvement District.

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Discusses entities and terms in relation to an "Energy Improvement District" which may be established by any municipality by a vote of its legislative body. The "Energy Improvement District" is administered by the "Energy Improvement District Board" (EID Board) comprised of the municipality’s chief elected official’s appointees.

The EID Board is charged with funding the "Energy District Distributed Resources". (Section 23) An Energy District Distributed Resource includes the following when owned, leased, or financed by the EID Board;

                        "(A) Customer-side distributed resources

                          (D) class III sources"

The EID Board is required to fund the Energy Improvement District consist with a prepared plan established by the EID Board to fund and develop the resources consistent with the "state-wide procurement and deployment plan and the siting determinations of the Siting Council.

Further sections list the powers and restrictions of the EID Board. Of note, Section 23(b)(4) states that nothing in sections 21 to 36 should be construed to permit the EID Board to supersede the authority or jurisdiction of DPUC, the Siting Council, or any state agency, as assigned by Connecticut Statues.

Section 54: Exemptions from CEAB’s Request-for-Proposal Process.

Modifies Conn. Gen. Stat. § 16a-7c – Request for Proposal: Solicitation, Submission, Evaluation Report.

If any facility generates less than 5 megawatts or any electric transmission line, electric generation facility, or electric substation is determined through the proceedings set by Section 8 (which examines energy security of electric facilities) to "be required for the reliability of electric supply to national defense" then it is exempt from the request for proposal process and the municipal participation fee requirements. This exemption must be determined by December 31, 2007.

Of note, this section also permits the Connecticut Energy Advisory Board (CEAB) to exempt specific applications from the request-for-proposal process by a 2/3 vote of the Board, determining, "the process is not likely to result in a reasonable alternative". By December 31, 2007, the Board may also set criteria for specific requests that do not require an application to the Board. This process must invite the public to comment and include an explanation of the final decision.

The Board is required to forward results of an "energy evaluation" to the Siting Council. The Energy Evaluation must be submitted for projects under subsection (f) and includes an analysis that includes "calculations of all embodied energy requirements used in the materials for initial construction of the facility over its projected useful lifetime". The analysis will begin at the point of "primary material extraction" and will take into account the net energy used in plant construction, maintenance and the facilities lifetime fuel cycle energy requirements.

Section 62: Limits Circumstances Requiring a Certificate.

Modifies Conn. Gen. Stat. § 16-50k – Certificate of Environmental Compatibility and Public Need. Transfer. Amendment. Excepted Matters. Waiver.

Limits the circumstances where a certificate of environmental compatibility and public need is required. As of October 1, 2007, fuel cells with a generating capacity of 250 kilowatts or less that are produced within the state do not require a certificate. Fuel cells built outside of the state, with a generating capacity of 10 kilowatts or less also do not require a certificate.

Section 77: Permission to Condemn or Restrict Plants.

Modifies Conn. Gen. Stat. § 16a-7b – Infrastructure Criteria Guidelines.

Municipalities with plants pursuant to chapter 101 (Chapt.101 defines a plant as the manufacture and distribution of gas or electricity for providing light for the municipality and certain inhabitants) or a special act are exempt from this section. All other plants, subject to this section, may not condemn or restrict an operating energy facility if the facility is found to "comprise a critical, unique and unmovable component of the state’s energy infrastructure". However, if the municipality receives written approval from the Office of Policy Management (OPM), the Connecticut Energy Advisory Board (CEAB) and the Siting Council that "such taking would not have a detrimental impact on the state’s or region’s ability to provide a particular energy resource to its citizens" it may be permitted to condemn or restrict such a facility.

Section 102: Discusses Middletown-Norwalk line approved by the Council.

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This section does not require any action of the Council or include any change directly affecting the Council, but discusses the recently approved Middletown-Norwalk 345 Kv line. This section requires the Commissioner of Environmental protection to issue a permit for "the construction and operation of new or existing emergency engines and distributed generation resources". The permit will expire by December 31, 2010 or 90 days after the "energizing of the Middletown-Norwalk 345 Kv transmission line approved by the Connecticut Siting Council".