Public Act 25-84 and Initiating the Hearing Process

In the 2025 legislative session, the CT General Assembly passed, and the governor signed, Public Act (“P.A.”) 25-84, and the relevant section became effective on passage. Pursuant to § 4(a) of P.A. 25-84, an applicable hearing on a licensing application will be conducted as a public informational hearing and will not be subject to the requirements of the Uniform Administrative Procedure Act, unless the petition requesting the hearing satisfies the requirements contained in § 4(b) of the Act, which states:

“A hearing shall be subject to the requirements of chapter 54 of the general statutes if the petition sets forth specific facts that: (1) Demonstrate that the legal rights, duties or privileges of at least one person who signed the petition will be, or may reasonably be expected to be, affected by the decision, or (2) satisfy the requirements to intervene as a party pursuant to section 22a-19 of the general statutes.”

The new provisions can be found in the Act Enhancing Environmental Permitting Predictability. If a petition and the supporting filings meet the requirements of § 4(b) of the Act and the commissioner grants the request, the petitioner shall be granted intervening party status, and a hearing shall be held pursuant to the requirements of chapter 54 of the general statutes.

The Process

Petitioners interested in an Informational Public Hearing must submit a timely petition with the required number of signatories, as directed in the Notice of Tentative Determination. Unless otherwise specified by statute, a petition must be signed by at least 25 persons and should identify the application that is the subject of the request. A petition may also designate a person authorized to engage in discussions regarding an application and, if a resolution is reached, withdraw the petition. Sample Hearing Petition

Petitioners interested in a contested hearing must submit a petition with the required signatories and a timely supportive filing signed by the person(s) or authorized representative(s) of an organization that meets the requirements of P.A. 25-84 (4) (b). The filings must also meet all other requirements of applicable sections of the Connecticut General Statutes (CGS) and the Regulations of Connecticut State Agencies (RCSA).

Writing - Requests shall comply with the format requirements of the DEEP Rules of Practice, RCSA  §§22a-3a-2 to 22a-3a-6.

Timely – The filing deadline is determined by the Notice of Tentative Determination.

Signed - Requests must be signed by the person(s) requesting intervention or by his/her attorney on their behalf. A person signing on behalf of an organization must submit proof that he/she is authorized to represent the organization. A signature represents that the signer has read the petition, that statements made in that petition are true, and that the request for intervention is genuine.

Verified Pleading -  CGS §22a-19(a) requires that "….[i]n any administrative, licensing or other proceeding…any person, partnership, corporation, association, organization or other legal entity may intervene as a party on the filing of a verified pleading asserting that the proceeding…involves conduct which has, or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state." (Emphasis added). Petitioners seeking a contested case through§ 4(b)(2) of the Act shall comply with all requirements of CGS §22a-19.

Where Do I File My Petition for Hearing?