Summary of 2008 Legislation
A SUMMARY OF LEGISLATION (2008)
PASSED BY THE GENERAL ASSEMBLY
AFFECTING THE
The Connecticut General Assembly enacted two pieces of legislation that affect the Connecticut Siting Council during its 2008 Session. That legislation is summarized below for review and consideration by persons who bring business before the Council and members of the public.
Please note that the summary and outline that appears below is only a good-faith attempt by the Council to capture the most significant and salient aspects of the relevant legislation. They are not authoritative and should in no way be viewed as legal advice. The reader is cautioned that proper legal advice may only be obtained as a result of personal consultation with an attorney.
AN ACT CONCERNING ENVIRONMENTAL JUSTICE COMMUNITIES AND THE STORAGE OF ASBESTOS-CONTAINING MATERIAL Summary: This act applies to applications for permits, certificates or approval from the Connecticut Department of Environmental Protection (DEP) or Connecticut Siting Council (CSC) starting January 1, 2009 for new or expanded "affecting facilties" located in an "environmental justice community." An "environmental justice community" is either a "distressed municipality" or a U.S. census block group (part of a census tract) for which 30% or more of the population consists of low-income people who are not institutionalized and have an income of less than 200% of the federal poverty level. This act defines "affecting facilities" to include electric generating facilities with capacities above 10 megawatts, sludge and solid waste incinerators and combustors, sewage treatment plants with a capacity of more than 50 million gpd, intermediate processing centers, volume reduction facilities or multi-town recycling facilities with a combined monthly volume over 25 tons, new or expanded landfills including those containing ash, construction and demolition debris or sold waste, medical waste incinerators, and major sources of pollution under the federal Clean Air Act. the act requires applicants seeking a new or expanded permit, certificate or siting approval for an affecting facility in an environmental justice community from the DEP or CSC to:(1) file and receive approval of a "meaningful public participation plan" as defined in the act; and (2) consult with officials of the town or towns where the facility will be located or expanded to evaluate the need for a "community environmental benefit agreement" as that term is defined in the act. A "community environmental benefit agreement" is a written agreement between the potentially affected municipality and the developer or owner of the affecting facility in which the owner or developer agrees to develop the property and provide financial resources to mitigate environmental and health impact on the community. For purposes of the act, an "affecting facility" does not include: (1) portions of electric generation facilities that use non-emitting and non-polluting renewable resources (wind, solar, hydropower) or fuel cells; (2) any facility that received a CSC certificate on or before January 1, 2000, and (3) any facility under the control of the state higher education system that has received a satisfactory environmental impact evaluation. AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE ENVIRONMENTAL STATUTES AND THE OPEN SPACE AND WATERSHED GRANT PROGRAM. Section 5 of this act makes a non-substantive amendment to Conn. Gen. Stat. § 16-50j(b) of the 2008 Supplement, which defines the composition of the Connecticut Siting Council in certain proceedings.