Summary of 2012 Legislation
A SUMMARY OF LEGISLATION (2012)
PASSED BY THE GENERAL ASSEMBLY
AFFECTING THE
PA 12-165—sHB 5271
AN ACT CONCERNING THE SITING COUNCIL
SUMMARY: This act requires telecommunications tower applicants to consult with municipalities that may be affected by the location of a tower at least 90, rather than 60, days before applying to the Connecticut Siting Council for a certificate approving the location. It also expands the scope of this consultation.
It prohibits the council from approving a telecommunications tower's installation within 250 feet of a school or commercial child day care center unless (1) the municipality's chief elected official approves the location or (2) the council finds that it will not have a substantial adverse effect on the aesthetics or scenic quality of the school or day care center's neighborhood. The act specifies that the council's decision must be consistent with federal law and regulations when applying these criteria.
The act (1) expands the factors the council must consider when approving cable TV or telecommunications towers and equipment and (2) allows the council to request the attorney general to bring a civil suit under certain circumstances.
It also (1) adds neighborhood concerns, including public safety, to the factors the council must consider when reviewing power plant applications; (2) allows the council to consider regional location preferences from municipalities neighboring the municipality subject to a siting certification; and (3) modifies how municipalities are reimbursed from the municipal participation account for participating in council proceedings.
EFFECTIVE DATE: July 1, 2012, except for the provisions on pre-application consultations and the municipal participation account, which were effective upon passage.
PA 12-148 — sSB 23
AN ACT ENHANCING EMERGENCY PREPAREDNESS AND RESPONSE
SUMMARY: This act requires the Public Utilities Regulatory Authority (PURA) to initiate a proceeding to (1) review electric and gas company emergency preparation and service restoration practices, infrastructure adequacy, and coordination efforts; (2) establish electric and gas company emergency performance standards for the companies; and (3) identify the most cost-effective levels of electric company tree trimming and system hardening needed to achieve maximum system reliability and minimize outages. It requires PURA to review the companies' performance after an emergency and issue orders to enforce the standards. It also allows PURA to issue civil penalties for violations. In addition, the companies must submit annual reports on their performance in emergencies.
The act requires PURA to open a proceeding to establish standards for restoring intrastate telecommunications after an emergency. It also requires telecommunications companies to issue credits to customers who lose service under certain circumstances.
The specific provision of this act applicable to the Council is Section 8 which includes the following provisions:
By October 1, 2012, and annually thereafter, the act requires each mobile radio (cell phone) service provider to issue a report to the Connecticut Siting Council and DESPP on its ability and plans to provide backup power to its telecommunications towers and antennae during an electricity outage. Under the act, any information provided in the reports (1) is confidential, (2) is exempt from disclosure under FOIA, and (3) cannot be transmitted to anyone else except to comply with the act's reporting requirement.
Once the initial reports have been submitted, the act requires the Siting Council, in consultation with DEEP, DESPP, and PURA, to study the feasibility of requiring backup power for telecommunications towers and antennas. The study must consider (1) federal, state, and local jurisdictional issues, including siting issues; (2) similar laws or initiative in other states; (3) the technical and legal feasibility of such requirements; (4) related environmental issues; and (5) any other issues PURA considers relevant. PURA (presumably the Siting Council) must report its findings and recommendations to the Energy and Technology Committee by January 1, 2013.
EFFECTIVE DATE: July 1, 2012