Sec. 16-50i. Definitions.
Sec. 16-50i. Definitions. As used in this chapter:
(a) "Facility" means: (1) An electric transmission line of a design capacity of sixty-nine kilovolts or more, including associated equipment but not including a transmission
line tap, as defined in subsection (e) of this section; (2) a fuel transmission facility,
except a gas transmission line having a design capability of less than two hundred pounds
per square inch gauge pressure or having a design capacity of less than twenty per cent
of its specified minimum yield strength; (3) any electric generating or storage facility
using any fuel, including nuclear materials, including associated equipment for furnishing electricity but not including an emergency generating device, as defined in subsection (f) of this section or a facility (i) owned and operated by a private power producer,
as defined in section 16-243b, (ii) which is a qualifying small power production facility
or a qualifying cogeneration facility under the Public Utility Regulatory Policies Act
of 1978, as amended, or a facility determined by the council to be primarily for a producer's own use, and (iii) which has, in the case of a facility utilizing renewable energy
sources, a generating capacity of one megawatt of electricity or less and, in the case
of a facility utilizing cogeneration technology, a generating capacity of twenty-five
megawatts of electricity or less; (4) any electric substation or switchyard designed to
change or regulate the voltage of electricity at sixty-nine kilovolts or more or to connect
two or more electric circuits at such voltage, which substation or switchyard may have
a substantial adverse environmental effect, as determined by the council established
under section 16-50j, and other facilities which may have a substantial adverse environmental effect as the council may, by regulation, prescribe; (5) such community antenna
television towers and head-end structures, including associated equipment, which may
have a substantial adverse environmental effect, as said council shall, by regulation,
prescribe; (6) such telecommunication towers, including associated telecommunications equipment, owned or operated by the state, a public service company or a certified
telecommunications provider or used in a cellular system, as defined in the Code of
Federal Regulations Title 47, Part 22, as amended, which may have a substantial adverse
environmental effect, as said council shall, by regulation, prescribe; and (7) any component of a proposal submitted pursuant to the request for proposal process;
(b) "Municipality" means a city, town or borough of the state and "municipal" has
a correlative meaning;
(c) "Person" means any individual, corporation, limited liability company, joint
venture, public benefit corporation, political subdivision, governmental agency or authority, municipality, partnership, association, trust or estate and any other entity, public
or private, however organized;
(d) "Modification" means a significant change or alteration in the general physical
characteristics of a facility;
(e) "Transmission line tap" means an electrical transmission line not requested by
an applicant to be treated as a facility that has the primary function, as determined by
the council, of interconnecting a private power producing or cogeneration facility to the
electrical power grid serving the state, and does not have a substantial adverse environmental effect, as determined by the council based on a review of the line's proposed
purpose, the line's proposed length, the number and type of support structures, the number of manholes required for the proposed line, the necessity of entering a right-of-way
including any easements or land acquisition for any construction or maintenance on the
proposed line, and any other environmental, health or public safety factor considered
relevant by the council;
(f) "Emergency generating device" means an electric generating device with a generating capacity of five megawatts or less, installed primarily for the purpose of producing emergency backup electrical power for not more than five hundred hours per year,
and that (1) does not have a substantial adverse environmental effect, as determined by
the council, or (2) is owned and operated by an entity other than an electric, electric
distribution or gas company or (3) is under construction or in operation prior to May 2,
1989; and
(g) "Request for proposal process" or "request for proposal" means the process set
forth in section 16a-7c.
(1971, P.A. 575, S. 3; P.A. 73-41, S. 1, 2; 73-458, S. 1; P.A. 76-317, S. 1, 2; P.A. 77-218, S. 2; P.A. 79-214, S. 3; 79-470; P.A. 80-81; P.A. 81-439, S. 4, 14; P.A. 83-569, S. 2, 17; P.A. 84-249, S. 1, 3; P.A. 86-336, S. 7, 19; P.A. 89-61, S.
1, 2; P.A. 94-74, S. 6, 11; P.A. 95-79, S. 50, 189; P.A. 98-28, S. 99, 117; P.A. 99-286, S. 8, 19; P.A. 03-140, S. 2, 3; P.A.
05-288, S. 236; June Sp. Sess. P.A. 05-1, S. 24.)
History: P.A. 73-41 included gas transmission lines with design capability of 200 pounds per square inch gauge pressure
or more in definition of "facility"; P.A. 73-458 added "which may have a substantial adverse environmental effect" in
Subdiv. (4) of definition of "facility" and defined "modification"; P.A. 76-317 deleted references to length of lines in
Subdivs. (1) and (2) of "facility" definition and rewording provision re pressure of gas transmission lines; P.A. 77-218
added Subdivs. (5) and (6) re community antenna television and telecommunications towers in definition of "facility";
P.A. 79-214 excluded facilities producing one or less megawatt of electricity by cogeneration technology from definition
of "facility"; P.A. 79-470 changed height limit for telecommunications towers from 100 to 50 feet in Subdiv. (6) of "facility"
definition; P.A. 80-81 deleted reference to tower height in Subdiv. (6) of "facility" definition altogether and included
reference to associated equipment; P.A. 81-439 excluded cogeneration facility having capacity of ten megawatts, rather
than one megawatt, from definition of facility and limited exclusion to cogeneration and renewable energy facilities owned
and operated by private power producers and qualifying under the Public Utility Regulatory Policies Act of 1978; P.A.
83-569 redefined "facility" to include certain substations and switchyards; P.A. 84-249 amended Subsec. (a)(6) to include
telecommunication towers used in a cellular system in the definition of "facility"; P.A. 86-336 amended Subsec. (a)(3)(iii)
to increase, from 10 to 25 megawatts of electricity, the maximum generating capacity which a facility utilizing cogeneration
technology must have in order to be excluded from definition of "facility"; P.A. 89-61 added provisions in Subsec. (a)
eliminating transmissions line taps and emergency generating devices from the jurisdiction of the council and added new
Subsecs. (e) and (f) defining a transmission line tap and an emergency generating device; P.A. 94-74 redefined "facility"
to include provision re persons, firms or corporations certified to provide intrastate telecommunication services, effective
July 1, 1994; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 98-28
amended Subsec. (f) by adding electric distribution companies, effective July 1, 1998; P.A. 99-286 amended Subsec. (a)(6)
by changing reference to person, firm or corporation certified by the department to "certified telecommunications provider",
effective July 19, 1999; P.A. 03-140 amended Subsec. (a) to make a technical change and to add Subdiv. (7) re any
component of a proposal submitted pursuant to the request-for-proposal process, and added new Subsec. (g) defining
"request-for-proposal process", effective October 1, 2004; P.A. 05-288, effective July 13, 2005, and June Sp. Sess. P.A.
05-1, effective July 21, 2005, both amended Subsec. (a)(2) by adding "or having a design capacity of less than twenty per
cent of its specified minimum yield strength".
Cited. 20 CA 474. Cited. 21 CA 85.
Subsec. (a):
Cited. 212 C. 157.
Cited. 35 CS 303.