Sec. 16-50j. Connecticut Siting Council. Membership. Regulations. Consultation with state agencies.
Sec. 16-50j. Connecticut Siting Council. Membership. Regulations. Consultation with state agencies. (a) There is established a "Connecticut Siting Council", hereinafter referred to as the "council", which shall be within the Department of Public Utility
Control.
(b) Except for proceedings under chapter 445, this subsection and subsection (c)
of this section, the council shall consist of: (1) The Commissioner of Environmental
Protection, or his designee; (2) the chairman, or his designee, of the Public Utilities
Control Authority; (3) one designee of the speaker of the House and one designee of
the president pro tempore of the Senate; and (4) five members of the public, to be
appointed by the Governor, at least two of whom shall be experienced in the field of
ecology, and not more than one of whom shall have affiliation, past or present, with any
utility or governmental utility regulatory agency, or with any person owning, operating,
controlling, or presently contracting with respect to a facility, a hazardous waste facility,
as defined in section 22a-115, or an ash residue disposal area.
(c) For proceedings under chapter 445, subsection (b) of this section and this subsection, the council shall consist of (1) the Commissioners of Public Health and Public
Safety or their designated representatives; (2) the designees of the speaker of the House
of Representatives and the president pro tempore of the Senate as provided in subsection
(b) of this section; (3) the five members of the public as provided in subsection (b) of
this section; and (4) four ad hoc members, three of whom shall be electors from the
municipality in which the proposed facility is to be located and one of whom shall be
an elector from a neighboring municipality likely to be most affected by the proposed
facility. The municipality most affected by the proposed facility shall be determined by
the permanent members of the council. If any one of the five members of the public or
of the designees of the speaker of the House of Representatives or the president pro
tempore of the Senate resides (A) in the municipality in which a hazardous waste facility
is proposed to be located for a proceeding concerning a hazardous waste facility or in
which a low-level radioactive waste facility is proposed to be located for a proceeding
concerning a low-level radioactive waste facility, or (B) in the neighboring municipality
likely to be most affected by the proposed facility, the appointing authority shall appoint
a substitute member for the proceedings on such proposal. If any appointee is unable
to perform his duties on the council due to illness, or has a substantial financial or
employment interest which is in conflict with the proper discharge of his duties under
this chapter, the appointing authority shall appoint a substitute member for proceedings
on such proposal. An appointee shall report any substantial financial or employment
interest which might conflict with the proper discharge of his duties under this chapter
to the appointing authority who shall determine if such conflict exists. If any state agency
is the applicant, an appointee shall not be deemed to have a substantial employment
conflict of interest because of employment with the state unless such appointee is directly
employed by the state agency making the application. Ad hoc members shall be appointed by the chief elected official of the municipality they represent and shall continue
their membership until the council issues a letter of completion of the development and
management plan to the applicant.
(d) For proceedings under sections 22a-285d to 22a-285h, inclusive, the council
shall consist of (1) the Commissioners of Public Health and Public Safety or their designated representatives; (2) the designees of the speaker of the House of Representatives
and the president pro tempore of the Senate as provided in subsection (b) of this section,
and (3) five members of the public as provided in subsection (b) of this section. If any
one of the five members of the public or of the designees of the speaker of the House
of Representatives or the president pro tempore of the Senate resides in the municipality
in which an ash residue disposal area is proposed to be located the appointing authority
shall appoint a substitute member for the proceedings on such proposal. If any appointee
is unable to perform his duties on the council due to illness, or has a substantial financial
or employment interest which is in conflict with the proper discharge of his duties under
sections 22a-285d to 22a-285h, inclusive, the appointing authority shall appoint a substitute member for proceedings on such proposal. An appointee shall report any substantial
financial or employment interest which might conflict with the proper discharge of his
duties under said sections to the appointing authority who shall determine if such conflict
exists. If any state agency is the applicant, an appointee shall not be deemed to have a
substantial employment conflict of interest because of employment with the state unless
such appointee is directly employed by the state agency making the application.
(e) The chairman of the council shall be appointed by the Governor from among
the five public members appointed by him, with the advice and consent of the House
or Senate, and shall serve as chairman at the pleasure of the Governor.
(f) The public members of the council, including the chairman, the members appointed by the speaker of the House and president pro tempore of the Senate and the
four ad hoc members specified in subsection (c) of this section, shall be compensated
for their attendance at public hearings, executive sessions, or other council business as
may require their attendance at the rate of two hundred dollars, provided in no case shall
the daily compensation exceed two hundred dollars.
(g) The council shall, in addition to its other duties prescribed in this chapter, adopt,
amend, or rescind suitable regulations to carry out the provisions of this chapter and the
policies and practices of the council in connection therewith, and appoint and prescribe
the duties of such staff as may be necessary to carry out the provisions of this chapter.
The chairman of the council, with the consent of five or more other members of the
council, may appoint an executive director, who shall be the chief administrative officer
of the Connecticut Siting Council. The executive director shall be exempt from classified
service.
(h) Prior to commencing any hearing pursuant to section 16-50m, the council shall
consult with and solicit written comments from the Department of Environmental Protection, the Department of Public Health, the Council on Environmental Quality, the
Department of Agriculture, the Department of Public Utility Control, the Office of Policy and Management, the Department of Economic and Community Development and
the Department of Transportation. In addition, the Department of Environmental Protection shall have the continuing responsibility to investigate and report to the council on
all applications which prior to October 1, 1973, were within the jurisdiction of said
Department of Environmental Protection with respect to the granting of a permit. Copies
of such comments shall be made available to all parties prior to the commencement of
the hearing. Subsequent to the commencement of the hearing, said departments and
council may file additional written comments with the council within such period of
time as the council designates. All such written comments shall be made part of the
record provided by section 16-50o. Said departments and council shall not enter any
contract or agreement with any party to the proceedings or hearings described in this
section or section 16-50p, that requires said departments or council to withhold or retract
comments, refrain from participating in or withdraw from said proceedings or hearings.
(1971, P.A. 575, S. 4; 1972, P.A. 228; June, 1972, P.A. 1, S. 18; P.A. 73-458, S. 2; P.A. 75-375, S. 2, 12; P.A. 76-282,
S. 1, 3; 76-319, S. 1, 2; P.A. 77-223, S. 1, 2; 77-614, S. 19, 155, 162, 284, 323, 587, 610; P.A. 78-303, S. 85, 136; P.A.
80-482, S. 87, 348; P.A. 81-369, S. 3, 20; P.A. 82-209, S. 2, 3; P.A. 83-569, S. 3, 17; P.A. 86-336, S. 1, 19; P.A. 87-540,
S. 24, 26; P.A. 88-102, S. 1, 2; 88-161, S. 1, 2; 88-361, S. 23, 29; P.A. 89-384, S. 11, 15; P.A. 93-381, S. 9, 39; P.A. 95-250, S. 1; 95-257, S. 12, 21, 58; P.A. 96-211, S. 1, 5, 6; P.A. 03-263, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(g); P.A. 04-189, S. 1; 04-236, S. 2; P.A. 06-76, S. 5; P.A. 07-222, S. 8; P.A. 08-124, S. 5.)
History: 1972 acts replaced reference to administrative head of projected environment department and of department
of agriculture and natural resources with commissioner of environmental protection and included members appointed by
house speaker and senate president pro tem in compensation provision under Subsec. (d), replaced water resources, clean
air and state park and forest commissions and board of fisheries and game with department of environmental protection
and deleted "if and when established" referring to council on environmental quality in Subsec. (f); P.A. 73-458 required
that council consult with public utilities and Connecticut development commissions and with office of state planning and
added provision re continued responsibility of environmental protection department in Subsec. (f); P.A. 75-375 substituted
Sec. 16-50m for 16-50p, required that copies of comments be available to parties before hearing and provided for additional
written comments; P.A. 76-282 added reference to compensation for "such other council business as may require their
attendance" in Subsec. (d); P.A. 76-319 replaced public utilities control commission with public utilities control authority
pursuant to requirement of P.A. 75-486 and office of state planning with department of planning and energy policy and
substituted "solicit written comments" for "obtain in writing the comments" in Subsec. (f); P.A. 77-223 required council
to consult with department of transportation in Subsec. (f); P.A. 77-614 and P.A. 78-303 replaced department of planning
and energy policy with office of policy and management and, effective January 1, 1979, replaced department of commerce
with department of economic development, replaced public utilities control authority with division of public utility control
within the department of business regulation, and replaced department of health with department of health services; P.A.
80-482 made division of public utility control an independent department and deleted reference to abolished department
of business regulation; P.A. 81-369 replaced power facility evaluation council with Connecticut Siting Council, inserted
new Subsec. (c) re council as constituted for proceedings under Ch. 445, redesignating remaining Subsecs. accordingly
and required compensation for ad hoc members; P.A. 82-209 amended Subsec. (c) to add provisions re determination of
conflict of interest and re appointment of substitute member where conflict of interest exists; P.A. 83-569 increased members
compensation for hearings to $100 and limited annual compensation for hearings to not more than $4,000; P.A. 86-336
amended Subsec. (e) to increase maximum annual compensation from $4,000 to $8,000; P.A. 87-540 added references to
regional low-level radioactive waste facility, effective upon designation of Connecticut as a host state by the Northeast
Interstate Low-Level Radioactive Waste Commission, i.e. December 23, 1987; P.A. 88-102 added a provision to Subsec.
(f) which enabled the Connecticut Siting Council to appoint an executive director and provided that the executive director
shall be exempt from classified service; P.A. 88-161 amended Subsec. (e) to authorize compensation for a member's
attendance at executive sessions or other council business which requires attendance, to increase daily compensation to
$150 and to increase annual compensation to a maximum of $12,000; P.A. 88-361 made technical changes in Subsec. (c);
P.A. 89-384 authorized selection of public member who is affiliated with an ash residue disposal area and inserted new
Subsec. (d) re proceedings under Secs. 22a-285d to 22a-285h, inclusive, relettering former Subsecs. (d) to (g) accordingly;
P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health
and addiction services, effective July 1, 1993; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of
Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257
replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of
Public Health, effective July 1, 1995; (Revisor's note: The Revisors editorially changed a reference in Subsec. (d) from
"municipality in which a ash residue disposal area ..." to "municipality in which an ash residue disposal area ...", to correct
a clerical error); P.A. 03-263 amended Subsec. (h) to include the Department of Agriculture as a department to be consulted
prior to the council commencing any hearing pursuant to Sec. 16-50m and to prohibit departments, council and commissions
from entering any contract or agreement with any party to proceeding or hearing that requires such entity to withhold or
retract comments, refrain from participation in or withdraw from proceeding or the hearing, effective July 9, 2003; June
30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the
Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 04-236 made technical changes in
Subsec. (h), effective June 8, 2004; P.A. 06-76 amended both Subsecs. (b) and (c) to delete references to Secs. 22a-134cc,
22a-134ff and 22a-163 to 22a-163u, inclusive, deleted reference to regional low-level radioactive waste facility in Subsec.
(b) and made technical changes in Subsec. (c); P.A. 07-222 amended Subsec. (f) to increase compensation rate from $150
to $200 and eliminate annual cap of $12,000, effective July 1, 2007; P.A. 08-124 made technical changes in Subsec. (b),
effective June 2, 2008.
See title 2c re termination under "Sunset Law".
See Sec. 4-9a for definition of "public member".
Cited. 180 C. 474. Cited. 216 C. 1.
Subsec. (g):
Cited. 212 C. 157.
Cited. 20 CA 474.