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sHB5551 / File No. 439 1
General Assembly File No. 439
February Session, 2026 Substitute House Bill No. 5551
House of Representatives, April 7, 2026
The Committee on Government Administration and Elections
reported through REP. BLUMENTHAL of the 147th Dist.,
Chairperson of the Committee on the part of the House, that the
substitute bill ought to pass.
AN ACT CONCERNING PROCEEDINGS OF THE SITING COUNCIL
AND OTHER REQUIREMENTS CONCERNING CERTAIN UTILITY
EXPENDITURES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16-50j of the 2026 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2026): 3
(a) There is established the Connecticut Siting Council, hereinafter 4
referred to in this chapter as the "council", which shall be within the 5
Department of Energy and Environmental Protection for administrative 6
purposes only. 7
(b) (1) Except as provided in subsection (c) of this section, the council 8
shall consist of: [(1)] (A) The Commissioner of Energy and 9
Environmental Protection, or the commissioner's designee; [(2)] (B) the 10
chairperson of the Public Utilities Regulatory Authority, or the 11
chairperson's designee; [(3)] (C) one designee of the speaker of the 12
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House [and] of Representatives; (D) one designee of the president pro 13
tempore of the Senate; and [(4)] (E) five public members, to be appointed 14
by the Governor, [at least] two or more of whom shall be experienced in 15
the field of ecology, and all five of whom shall, consistent with the 16
provisions of section 4 -9a, have no substantial financial interest in, not 17
be employed in or by, and not be professionally affiliated with any [(A)] 18
(i) utility, [(B)] (ii) facility, [(C)] (iii) hazardous waste facility, as defined 19
in section 22a-115, or [(D)] (iv) ash residue disposal area, and shall have 20
had no professional affiliation with any such utility, facility, hazardous 21
waste facility or ash residue disposal area for three or more years 22
immediately preceding such public member's appointment to the 23
council. 24
(2) The council shall commence no proceeding, including any 25
meeting or public hearing of the council, without the participation of (A) 26
the Commissioner of Energy and Environmental Protection, the 27
commissioner's designee or an alternate designee of the commissioner, 28
and (B) the chairperson of the Public Utilities Regulatory Authority, the 29
chairperson's designee or an alternate designee of the chairperson. 30
(c) (1) For proceedings under chapter 445, the council shall consist of 31
[(1)] (A) the [Commissioners] Commissioner of Public Health, [and] or 32
the commissioner's designee ; (B) the Commissioner of Emergency 33
Services and Public Protection, or [their designated representatives; (2)] 34
the commissioner's designee ; (C) the designees of the speaker of the 35
House of Representatives and the president pro tempore of the Senate 36
as provided in subsection (b) of this section; [(3)] (D) the five public 37
members as provided in subsection (b) of this section; and [(4)] (E) four 38
ad hoc members, appointed by the chief elected official of the 39
municipality each such member represents, three of whom shall be 40
electors from the municipality in which the proposed facility is to be 41
located and one of whom shall be an elector from a neighboring 42
municipality likely to be most affected by the proposed facility. 43
(2) For all other proceedings, the council shall consist of one 44
additional ad hoc member appointed by the regional council of 45
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governments for the planning region, as defined in section 4 -124i, in 46
which the proposed facility is to be located. 47
(d) For the appointment of ad hoc members in accordance with 48
subdivision (1) of subsection (c) of this section, the municipality most 49
affected by the proposed facility shall be determined by the permanent 50
members of the council. If any one of the five public members or of the 51
designees of the speaker of the House of Representatives or the 52
president pro tempore of the Senate resides (1) in the municipality in 53
which a hazardous waste facility is proposed to be located for a 54
proceeding concerning a hazardous waste facility or in which a low -55
level radioactive waste facility is proposed to be located for a proceeding 56
concerning a low -level radioactive waste facility, or (2) in the 57
neighboring municipality likely to be most affected by the proposed 58
facility, the appointing authority shall appoint a substitute member for 59
the proceedings on such proposal. If any [appointee] member appointed 60
to the council is unable to perform such [appointee's] member's duties 61
on the council due to illness, or has a substantial financial or 62
employment interest [which is in conflict] that conflicts with the proper 63
discharge of the [appointee's] member's duties under this chapter, the 64
appointing authority shall appoint a substitute member for proceedings 65
on such proposal. An [appointee] appointed member shall report any 66
substantial financial or employment interest [which] that might conflict 67
with the proper discharge of the [appointee's] member's duties under 68
this chapter to the appointing authority , [who] and the appointing 69
authority shall determine if any such conflict exists. If [any] a state 70
agency is the applicant, an [appointee] appointed member shall not be 71
deemed to have a substantial employment conflict of interest because of 72
employment with the state unless such [appointee] member is directly 73
employed by the state agency making the application. [Ad] Any ad hoc 74
[members] member appointed pursuant to the provisions of this section 75
shall continue their membership until the council issues a letter of 76
completion of the development and management plan to the applicant. 77
(e) The chairperson of the council shall be appointed by the Governor 78
from among the five public members appointed by the Governor, with 79
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the advice and consent of the House or Senate, and shall serve as 80
chairperson at the pleasure of the Governor. 81
(f) The public members of the council, including the chairperson, the 82
members appointed by the speaker of the House and president pro 83
tempore of the Senate and the [four] ad hoc members specified in 84
subsection (c) of this section, shall be compensated for their attendance 85
at public hearings, executive sessions, or other council business as may 86
require their attendance at the rate of two hundred dollars, provided in 87
no case shall the daily compensation exceed two hundred dollars. 88
(g) The council shall employ such employees as may be necessary to 89
carry out the provisions of this chapter, and such employees shall, in the 90
aggregate, have sufficient expertise in engineering and financial 91
analysis to carry out the provisions of this chapter, provided the council 92
shall employ at least one employee dedicated to facilitating the 93
engagement of interested parties in a proceeding and providing a plain 94
language summary of proceedings. 95
(h) The council shall, in addition to its other duties prescribed in this 96
chapter, adopt, amend, or rescind [suitable] regulations, in accordance 97
with the provisions of chapter 54, to carry out the provisions of this 98
chapter and the policies and practices of the council in connection 99
therewith, and appoint and prescribe the duties of such staff as may be 100
necessary to carry out the provisions of this chapter. The chairperson of 101
the council, with the consent of five or more other members of the 102
council, may appoint an executive director, who shall be the chief 103
administrative officer of the Connecticut Siting Council. The executive 104
director shall be exempt from classified service. 105
(i) Prior to commencing any hearing pursuant to section 16 -50m, the 106
council shall consult with and solicit written comments from (1) the 107
[Departments] Commissioners of Energy and Environmental 108
Protection, Public Health, Agriculture, Economic and Community 109
Development and Transportation and the Council on Environmental 110
Quality, the Public Utilities Regulatory Authority, the Secretary of the 111
Office of Policy and Management and the [Office of] Consumer Counsel, 112
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and (2) in a hearing pursuant to section 16 -50m, for a facility described 113
in subdivision (3) of subsection (a) of section 16 -50i, the [Department] 114
Commissioner of Emergency Services and Public Protection, the 115
[Department] Commissioner of Administrative Services, the Labor 116
[Department] Commissioner and the [Office of ] Consumer Counsel. 117
Copies of any such comments submitted pursuant to this subsection 118
shall be made available to all parties to the proceeding prior to the 119
commencement of the hearing. [Subsequent to ] After the 120
commencement of the hearing, said [departments] commissioners, 121
[Council on Environmental Quality ] council, authority , secretary and 122
[offices] counsel may file additional written comments with the 123
Connecticut Siting Council [within such period of time as the ] not later 124
than a date set by the Connecticut Siting Council. [designates. All] Any 125
such written [comments] comment shall be made part of the record for 126
the proceeding , as provided in section 16 -50o. Said [departments] 127
commissioners, [Council on Environmental Quality] council, authority, 128
secretary and [offices] counsel shall not enter any contract or agreement 129
with any party to [the proceedings] a proceeding or [hearings] hearing 130
described in this section or section 16 -50p, as amended by this act, that 131
requires said [departments] commissioners, [Council on Environmental 132
Quality] council, authority, secretary or [offices] counsel to withhold or 133
retract comments, or refrain from participating in or withdraw from 134
[said proceedings] any such proceeding or [hearings] hearing. 135
Sec. 2. Section 16-50l of the 2026 supplement to the general statutes is 136
repealed and the following is substituted in lieu thereof (Effective October 137
1, 2026): 138
(a) To initiate a certification proceeding, an applicant for a certificate 139
shall file with the council an application, in such form as the council may 140
prescribe, accompanied by a filing fee of not more than twenty -five 141
thousand dollars, which fee shall be established in accordance with 142
section 16 -50t, and a municipal participation fee of forty thousand 143
dollars, or, if the proposed location of the facility is in more than one 144
municipality, eighty thousand dollars, to be deposited in the account 145
established pursuant to section 16-50bb, except that an application for a 146
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facility described in subdivision (5) or (6) of subsection (a) of section 16-147
50i shall [not] pay no such municipal participation fee. An [application 148
shall contain such ] applicant shall submit any information [as the 149
applicant may consider ] that the applicant deems relevant to the 150
application, [such] any information that the council or any department 151
or agency of the state exercising environmental [controls] regulatory 152
power may by regulation require, and the following information: 153
(1) In the case of [facilities] a facility described in subdivisions (1), (2) 154
and (4) of subsection (a) of section 16 -50i: (A) A description, including 155
estimated costs [,] of the proposed transmission line, substation or 156
switchyard, [covering, where applicable underground ] and, as 157
applicable: (i) Underground cable sizes and specifications, (ii) overhead 158
tower design , [and] appearance and heights, [if any, ] (iii) conductor 159
sizes, and (iv) initial and ultimate voltages and capacities; (B) a 160
statement and full explanation of why the proposed transmission line, 161
substation or switchyard is necessary and how the facility conforms to 162
a long-range plan for expansion of the electric power grid serving the 163
state and interconnected utility systems, that will serve the public need 164
for adequate, reliable and economic service; (C) a map of suitable scale 165
of the proposed routing or site, showing details of the rights -of-way or 166
site in the vicinity of settled areas, parks, recreational areas and scenic 167
areas, residential areas, private or public schools, child care centers, as 168
described in section 19a -77, group child care homes, as described in 169
section 19a-77, family child care homes, as described in section 19a -77, 170
licensed youth camps, and public playgrounds and showing existing 171
transmission lines within one mile of the proposed route or site; (D) a 172
justification for adoption of the route or site selected, including 173
comparison with alternative routes or sites which are environmentally, 174
technically and economically practical , and, in the case of a proposed 175
repair, upgrade, replacement or enhancement, detailed studies of 176
alternative solutions to repairing existing electric transmission lines; (E) 177
a description of the effect of the proposed transmission line, substation 178
or switchyard on the environment, ecology, and scenic, historic and 179
recreational values; (F) a justification for overhead portions, if any, 180
including life-cycle cost studies comparing overhead alternatives with 181
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underground alternatives, and effects described in subparagraph (E) of 182
this subdivision of undergrounding; (G) a schedule of dates showing 183
the proposed program of right -of-way or property acquisition, 184
construction, completion and operation and, in the case of any facility 185
described in subdivision (1) of subsection (a) of section 16 -50i, or any 186
modification of such a facility, (i) any appraisal completed by an 187
independent appraiser on behalf of the applicant concerning fair 188
compensation that is to be provided to an owner of real property in 189
connection with the necessity of entering a right -of-way, including any 190
easements or land acquisition, and (ii) for property that the applicant 191
does not own, lease or otherwise have access to, the applicant shall 192
exercise due diligence to seek permission to gain access to such 193
property. [Evidence] An applicant may provide evidence of due 194
diligence [shall be established by the submission of ] by submitting: (I) 195
[Certified mail,] A certified letter, with return receipt requested, [letters] 196
sent by the applicant to the owner or owners of record of such property 197
requesting access to the property; and (II) an affidavit from the applicant 198
stating that the applicant was not provided access to the property and, 199
in the absence of permission to access the property, the applicant made 200
visual inspections of the property to document existing conditions from 201
public rights -of-way, existing utility rights -of-way or other accessible 202
properties within or surrounding the proposed facility site; (H) an 203
identification of each federal, state, regional, district and municipal 204
agency with which proposed route or site reviews have been 205
undertaken, including a copy of each written agency position on such 206
route or site; [and] (I) an assessment of the impact of any 207
electromagnetic fields to be produced by the proposed transmission 208
line; (J) data for the preceding two years, by quarter, regarding the 209
earned and authorized return on equity on related projects subject to the 210
jurisdiction of the council; (K) an estimate of the return on investment 211
for the proposed facility that is the subject of such application; and (L) 212
an estimate of the impact of the proposed transmission line, substation 213
or switchyard on regional network service and local network service 214
rates for electric distribution companies, and accompanying 215
calculations, including any underlying assumptions for such estimate . 216
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The information provided under subparagraphs (J) to (L), inclusive, of 217
this subdivision shall be used by the council in determining the cost -218
effectiveness of the project under the provisions of this chapter; 219
(2) In the case of [facilities] a facility described in subdivision (3) of 220
subsection (a) of section 16 -50i: (A) A description of the proposed 221
electric generating or storage facility; (B) a statement and full 222
explanation of why the proposed facility is necessary; (C) a statement of 223
forecasted loads and resources, as described in section 16-50r; (D) safety 224
and reliability information, including planned provisions for emergency 225
operations, [and] shutdowns and emergency responses ; (E) estimated 226
cost information, including [plant] facility costs, fuel costs, [plant] 227
facility service life and capacity factor, and total generating cost per 228
kilowatt-hour, both at the [plant] facility and related transmission 229
infrastructure, and the comparative costs of [alternatives] generating 230
sources or configurations considered; (F) a schedule showing the 231
program for design, material acquisition, construction and testing, and 232
operating dates; (G) available site information, including maps and 233
description and present and proposed development, and geological, 234
scenic, ecological, seismic, biological, water supply, population and load 235
center data; (H) justification for adoption of the site selected, including 236
a comparison with alternative sites; (I) design information, including a 237
description of facilities, [plant] generating source efficiencies, [electrical] 238
connections to the electrical transmission or distribution system, and 239
control systems; (J) a description of provisions, including devices and 240
operations, for mitigation of the effect of the operation of the facility on 241
air and water quality, for waste disposal, and for noise abatement [,] and 242
information on other environmental aspects of the proposed facility ; 243
and (K) a listing of federal, state, regional, district and municipal 244
agencies from which approvals either have been obtained by the 245
applicant or will be sought covering the proposed facility, including 246
copies of approvals received and the planned schedule for obtaining 247
those approvals not yet received; and 248
(3) In addition to the requirements of subdivisions (1) and (2) of this 249
subsection, in the case of [any] a facility described in subdivision (1) of 250
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subsection (a) of section 16-50i, or any modification of such a facility: (A) 251
A description of the estimated initial and life-cycle costs for the facility 252
or modification, as applicable, and for each feasible and practical 253
alternative; (B) an estimate of the regionalized and localized costs for the 254
facility or modification, as applicable, and for each feasible and practical 255
alternative, in accordance with the regional independent system 256
operator's procedure for pool -supported pool transmission facilities 257
cost review, or a successor procedure; (C) for any difference between the 258
estimated total costs and estimated localized costs, an analysis of the 259
benefits associated with such cost difference; (D) not later than thirty 260
days after the filing of the application, unless such thirty -day 261
requirement is extended by the council for a showing of good cause by 262
the applicant, a detailed analysis from an independent engineer selected 263
by the council, of any nontransmission alternatives, as defined in section 264
16-50mm, to the proposed facility or proposed modification, as 265
applicable; and (E) (i) for the ten -year period preceding the date of the 266
application, the actual electric loads for existing transmission lines in the 267
area where the proposed [transmission line] facility is to be located, (ii) 268
for the ten -year period following the date of the application, the 269
projected electric load for any proposed transmission line, (iii) for the 270
ten-year period preceding the date of application, the performance of all 271
electric circuits for existing transmission lines in the area where the 272
proposed transmission line is to be located, including a description of 273
all service outages or disruptions, any cause for such outage or 274
disruption and the time required to restore service following such 275
outages or disruptions, and (iv) a statement of electric loads and 276
resources, as described in subsection (a) of section 16 -50r, and all 277
planning studies conducted by the regional independent system 278
operator or the applicant associated with the proposed facility. 279
(b) Each application for a certificate pursuant to this section shall be 280
accompanied by proof of service of a copy of such application on: (1) 281
Each municipality in which any portion of such facility is to be located, 282
both as primarily proposed and in the alternative locations listed, and 283
any adjoining municipality having a boundary not more than two 284
thousand five hundred feet from such facility, [which copy] provided 285
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such copy shall (A) be served on the chief executive officer of each such 286
municipality, and [shall] (B) include notice of the date on or about which 287
the application [is to] will be filed; [, and] (2) the zoning [commissions] 288
commission, planning [commissions,] commission, or combined 289
planning and zoning [commissions] commission, conservation 290
[commissions] commission and inland wetlands [agencies] agency of 291
each such municipality ; [, and] (3) the regional [councils] council of 292
governments [which encompass] for the planning region in which each 293
such municipality is located; [(2)] (4) the Attorney General; [(3)] (5) each 294
member of the legislature in whose assembly or senate district the 295
facility or any alternative location listed in the application is to be 296
located; [(4)] (6) any agency, department or instrumentality of the 297
federal government that has jurisdiction, whether concurrent with the 298
state or otherwise, over any matter that would be affected by such 299
facility; [(5)] (7) each state department and agency named in subsection 300
(i) of section 16-50j, as amended by this act; and [(6)] (8) such other state 301
and municipal bodies as the council may by regulation designate. A 302
notice of such application shall be given to the general public, in 303
[municipalities] any municipality entitled to receive notice under 304
subdivision (1) of this subsection, by the publication of a summary of 305
such application and the date on or about which [it] such application 306
will be filed. Such notice shall be published [under] in compliance with 307
the regulations [to be promulgated] adopted by the council, in such 308
form and in such newspapers as will serve substantially to inform the 309
public of such application and to afford interested persons sufficient 310
time to prepare for and to be heard at the hearing prescribed in section 311
16-50m. Such notice shall be published in not less than ten-point type. A 312
notice of such an application for a certificate for a facility described in 313
subdivision (3), (4), (5) or (6) of subsection (a) of section 16-50i shall also 314
be sent, by certified or registered mail, to each person appearing of 315
record as an owner of property which abuts the proposed primary or 316
alternative sites on which the facility would be located. Such notice shall 317
be sent at the same time that notice of such application is given to the 318
general public. [Notice] The council shall take no action on an 319
application made pursuant to this section unless the applicant has 320
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strictly complied with the requirements of this subsection and 321
subsections (c) and (d) of this section, as applicable. 322
(c) In addition to the requirements of subsection (b) of this section, 323
notice of an application for a certificate for a facility described in 324
subdivision (1) of subsection (a) of section 16-50i shall [also] be provided 325
to each customer of an electric distribution company [customer] who 326
resides in the municipality where the facility is proposed to be placed. 327
Such notice shall [(A)] (1) be provided on a separate enclosure with each 328
customer's monthly bill for one or more months, [(B)] (2) be provided 329
by the electric distribution company not earlier than sixty days prior to 330
filing the application with the council, but not later than the date that 331
the application is filed with the council, and [(C)] (3) include: A brief 332
description of the project, including its location relative to the affected 333
municipality and adjacent streets; a brief technical description of the 334
project including its proposed length, voltage, and type and range of 335
heights of support structures or underground configuration; the reason 336
for the project; the address and a toll -free telephone number of the 337
applicant by which additional information about the project can be 338
obtained; and a statement in print no smaller than twenty -four-point 339
type size stating "NOTICE OF PROPOSED CONSTRUCTION OF A 340
HIGH VOLTAGE ELECTRIC TRANSMISSION LINE". 341
[(c)] (d) For a facility described in subdivision (3) of subsection (a) of 342
section 16-50i that is a solar photovoltaic facility, the applicant shall also 343
provide notice by certified or registered mail of each proposed site 344
configuration change that occurs after the filing of the application but 345
prior to the granting of a certificate for such facility, that is a material 346
change, as determined by the council, to each person appearing of 347
record as an owner of property that abuts the proposed primary or 348
alternative sites on which the facility would be located. 349
[(d)] (e) An application for a certificate shall contain information on 350
the extent to which the proposed facility has been identified in, and is 351
consistent with, the annual forecast reports and life -cycle cost analysis 352
required by section 16 -50r and other advance planning that has been 353
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carried out, and shall include an explanation for any failure of the 354
facility to conform with such information. 355
[(e)] (f) [An amendment proceeding may be initiated by an 356
application] The holder of a certificate issued pursuant to this section 357
may apply for an amendment of [a] such certificate, [filed with the 358
council by the holder of the certificate ] or such certificate may be 359
amended by [a] resolution of the council. An amendment application by 360
a certificate holder shall be in such form and contain such information 361
as the council shall prescribe. The council may, by resolution, amend a 362
certificate issued pursuant to this section if the council finds the 363
existence of conditions or events that could not have been reasonably 364
known or foreseen at the time such certificate was issued. A resolution 365
for amendment by the council shall identify the design, location or 366
[route of ] address of the facility, or the portion of [a certificated ] the 367
facility, described in subdivisions (1) or (2) of subsection (a) of section 368
16-50i, for which a certificate was issued that is subject to [modification 369
on the basis of stated conditions or events which could not reasonably 370
have been known or foreseen prior to the issuance of the certificate ] 371
amendment. No such resolution for amendment of a certificate shall be 372
adopted after the commencement of site preparation or construction of 373
the [certificated] facility for which a certificate was issued or, in the case 374
of a facility for which approval by the council of a right -of-way 375
development and management plan or other detailed construction plan 376
is a condition of the certificate, after approval of that part of the plan 377
which includes the portion of the facility proposed for modification. A 378
copy and notice of each amendment application shall be given by the 379
holder of the certificate in the manner set forth in subsection (b) of this 380
section. A copy and notice of each resolution for amendment shall be 381
given by the council in the manner set forth in subsection (b) of this 382
section. The council shall also provide the certificate holder with a copy 383
of such resolution. The certificate holder and the council shall not be 384
required to give such copy and notice to municipalities and the 385
commissions and agencies of such municipalities other than those in 386
which the modified portion of the facility would be located. 387
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[(f)] (g) At least sixty days, or, in the case of a facility described in 388
subdivision (1) of subsection (a) of section 16 -50i, ninety days prior to 389
the filing of an application with the council, the applicant shall consult 390
with the municipality in which the facility may be located and with any 391
other municipality required to be served with a copy of the application 392
under subdivision (1) of subsection (b) of this section concerning the 393
proposed and alternative sites of the facility. Such consultation with the 394
municipality shall include, but not be limited to, good faith efforts to 395
meet with the chief elected official of the municipality, or such official's 396
designee, the legislative body of the municipality and each member of 397
the legislature in whose assembly or senate district the facility or any 398
alternative location listed in the application is to be located. At the time 399
of the consultation, the applicant shall provide the chief elected official, 400
or such official's designee, the legislative body of the municipality and 401
each member of the legislature in whose assembly or senate district the 402
facility or any alternative location listed in the application is to be 403
located with any technical reports concerning the public need, the site 404
selection process and the environmental effects of the proposed facility. 405
In the case of a proposed transmission line, at the time of the 406
consultation, the applicant shall provide the chief elected official, or 407
such official's designee, the legislative body of the municipality and 408
each member of the legislature in whose assembly or senate district the 409
facility or any alternative location listed in the application is to be 410
located with a report that includes a summary of the status of any 411
negotiation with the owners of real property concerning any required 412
right-of-way access, easements or land acquisition. Any such summary 413
shall not include any confidential or proprietary information. The 414
municipality may conduct public hearings and meetings as it deems 415
necessary [for it ] to advise the applicant of [its] the municipality's 416
recommendations concerning the proposed facility. Not later than sixty 417
days after the initial consultation, the municipality shall issue its 418
recommendations to the applicant. Not later than fifteen days after 419
submitting an application to the council, the applicant shall provide to 420
the council all materials provided to such chief elected official of the 421
municipality, such official's designee, such legislative body of the 422
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municipality or any such member of the legislature, a summary of the 423
consultations with the municipality, including any meetings with such 424
chief elected official, such official's designee, such legislative body of the 425
municipality and any such member of the legislature and any 426
recommendations issued by the municipality. 427
[(g)] (h) (1) For a facility described in subdivision (6) of subsection (a) 428
of section 16 -50i, at least ninety days before filing an application with 429
the council, the applicant shall consult with the municipality in which 430
the facility is proposed to be located and with any other municipality 431
required to be served with a copy of the application under subdivision 432
(1) of subsection (b) of this section. Consultation with such municipality 433
shall include, but not be limited to, good -faith efforts to meet with the 434
chief elected official of the municipality or such official's designee. At 435
the time of the consultation, the applicant shall provide the municipality 436
with any technical reports concerning the need for the facility, including 437
a map indicating the area of need, the location of existing surrounding 438
facilities, a detailed description of the proposed and any alternate sites 439
under consideration, a listing of other sites or areas considered and 440
rejected, the location of all schools near the proposed facility, an analysis 441
of the potential aesthetic impacts of the facility on said schools, as well 442
as a discussion of efforts or measures to be taken to mitigate such 443
aesthetic impacts, a description of the site selection process undertaken 444
by the prospective applicant and the potential environmental effects of 445
the proposed facility. The applicant shall also provide copies of such 446
technical reports to such municipality's planning commission, zoning 447
commission or combined planning and zoning commission and inland 448
wetland agency. 449
(2) Not later than sixty days after the initial municipal consultation 450
meeting, the municipality, in cooperation with the applicant, [may] shall 451
hold a public information meeting. [If the municipality decides to hold 452
a public information meeting ] Not less than fifteen days before such 453
public information meeting , the applicant shall [be responsible for 454
sending] send notice of such meeting to each person appearing of record 455
as an owner of property which abuts the proposed or alternate facility 456
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sHB5551 / File No. 439 15
locations and [for publishing] publish notice of such meeting in a 457
newspaper of general circulation in the municipality . [at least fifteen 458
days before the date of the public information meeting.] Such applicant 459
shall pay [all] any administrative expenses associated with such public 460
information meeting. 461
(3) [The] Not later than thirty days after the initial consultation 462
meeting, the municipality shall present the applicant with any 463
[proposed] alternative sites [, which may include municipal parcels ] 464
proposed by the municipality, including any land owned by the 465
municipality, for [its] the applicant's consideration. [not later than thirty 466
days after the initial consultation meeting.] The applicant shall evaluate 467
[these] such alternate sites [presented as part of the municipal 468
consultation process ] proposed by the municipality and include the 469
results of [its evaluations] the applicant's evaluation of such sites in its 470
application to the council. The applicant may present any such 471
[alternatives] alternate sites to the council [in its application] for formal 472
consideration by the council. 473
[(h)] (i) Any applicant who submits an initial application under this 474
section for a facility described in subdivision (1) of subsection (a) of 475
section 16 -50i where the applicant intends to submit one or more 476
additional applications under this section within five years of the date 477
of the initial application for additional facilities described in said 478
subdivision that will either be physically connected to the facility 479
included in the initial application or located within five miles of such 480
facility shall indicate any such intention that is foreseeable in the initial 481
application, and provide any information regarding such additional 482
facilities required by the council. 483
(j) For any application concerning a facility located on prime 484
farmland, as described in 7 CFR 657, as amended from time to time, or 485
land that is a core forest, as defined in section 16a-3k, the Commissioner 486
of Energy and Environmental Protection shall submit a written opinion 487
concerning the impacts of such facility on such land. The council shall 488
issue no certificate or approve any application to amend a certificate 489
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sHB5551 / File No. 439 16
pursuant to this section without considering such written opinion. 490
(k) Any applicant who submits an initial application under this 491
section for a facility described in subsection (a) of section 16 -50i that 492
retains a communicator lobbyist, as defined in section 1-91, for purposes 493
of influencing the public or interested parties concerning such 494
application, shall immediately provide electronic notice of such retainer 495
to (1) the council; (2) the Attorney General; (3) each member of the 496
legislature in whose assembly or senate district the facility or any 497
alternative location listed in the application is to be located; and (4) the 498
chief elected official of the municipality in which any portion of such 499
facility is to be located, both as primarily proposed and in the alternative 500
locations listed, and any adjoining municipality having a boundary not 501
more than two thousand five hundred feet from such facility. 502
Sec. 3. Section 16 -50n of the general statutes is repealed and the 503
following is substituted in lieu thereof (Effective October 1, 2026): 504
(a) The parties to a certification or amendment proceeding or to a 505
declaratory ruling proceeding shall include: (1) The applicant, certificate 506
holder, or petitioner; (2) each person entitled to receive a copy of the 507
application or resolution under section 16-50l, as amended by this act, if 508
such person has filed with the council a notice of intent to be a party; (3) 509
any domestic or qualified nonprofit corporation or association formed 510
in whole or in part to promote conservation or natural beauty, to protect 511
the environment, personal health or biological values, to preserve 512
historical sites, to promote consumer interests, to represent commercial 513
and industrial groups or to promote the orderly development of the 514
areas in which the facility is to be located, if it has filed with the council 515
a notice of intent to be a party; [and] (4) such other persons as the council 516
may at any time deem appropriate ; and (5) the Consumer Counsel, as 517
provided in subsection (b) of this section. 518
(b) The council may permit any person to participate as an intervenor, 519
in accordance with the provisions of section 4 -177a, in a certification or 520
amendment proceeding or a declaratory ruling proceeding. 521
Notwithstanding the provisions of section 4 -177a, for any proceeding 522
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sHB5551 / File No. 439 17
pursuant to section 16-50k, as amended by this act, concerning a facility 523
described in subdivision (1) of subsection (a) of section 16 -50i, the 524
council shall grant any person status as an intervenor in such 525
proceeding if such person: (1) Submits a written petition to the council; 526
and (2) is the owner of any property that abuts the proposed facility, or 527
that abuts a right-of-way in which the proposed facility is to be located. 528
The council shall grant party status to the Consumer Counsel in any 529
proceeding of the council t hat the Consumer Counsel has determined 530
may significantly impact electric rates, upon the request of the 531
Consumer Counsel to participate. 532
(c) The council in its discretion may provide for the grouping of 533
parties and intervenors with the same interests. If such a group does not 534
designate an agent for the service of notice and documents, the council 535
shall designate such an agent, and notice and documents need be served 536
only on the designated agent. Notwithstanding the provisions of this 537
subsection, any party or intervenor who has been included in a group 538
may, at any time by oral or written notice to the council, elect not to be 539
a member of the group to the extent specified in such notice. 540
(d) The Attorney General shall appoint an assistant attorney general 541
or a special assistant attorney general to act as counsel for the 542
Connecticut Siting Council. 543
(e) Upon receipt of the application, the council may employ one or 544
more independent consultants, at the applicant's expense, to study and 545
measure the consequences of the proposed facility on the environment. 546
The council shall direct such consultant or consultants to study any 547
matter that the council deems important to an adequate appraisal of the 548
application. Any such study and any report issued as a result thereof 549
shall be part of the record of the proceeding. 550
(f) Any person may make a limited appearance at a hearing held 551
pursuant to the provisions of section 16 -50m, prior thereto or within 552
thirty days thereafter, entitling such person to file a statement in writing. 553
At the discretion of the council any person may make a limited 554
appearance at any such hearing to present an oral statement under oath. 555
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sHB5551 / File No. 439 18
All papers and matters filed by a person making a limited appearance 556
shall become part of the record. No person making a limited 557
appearance, and not otherwise entitled to be a party, shall be a party or 558
shall have the right to cross-examine witnesses, parties or intervenors. 559
Sec. 4. Subsection (a) of section 16 -2a of the 2026 supplement to the 560
general statutes is repealed and the following is substituted in lieu 561
thereof (Effective October 1, 2026): 562
(a) There shall be an independent Office of Consumer Counsel, 563
within the Department of Energy and Environmental Protection, for 564
administrative purposes only, to act as the advocate for consumer 565
interests in all matters which may affect consumers in the state with 566
respect to public service companies, electric suppliers and certified 567
telecommunications providers, including, but not limited to, rates and 568
related issues, ratepayer-funded programs and matters concerning the 569
reliability, maintenance, operations, infrastructure and quality of 570
service of such companies, suppliers and providers. The Office of 571
Consumer Counsel is authorized to appear in and participate in any 572
regulatory or judicial proceedings, federal or state, in which such 573
interests of consumers in the state may be involved, or in which matters 574
affecting utility services rendered or to be rendered in this state may be 575
involved. The Office of Consumer Counsel shall be a party to each 576
contested case before the Public Utilities Regulatory Authority and any 577
proceeding of the Connecticut Siting Council, as described in subsection 578
(b) of section 16-50n, as amended by this act, and shall participate in any 579
such contested case to the extent the Office of Consumer Counsel deems 580
necessary. The Office of Consumer Counsel may appeal from a decision, 581
order or authorization in any such state regulatory proceeding 582
regardless of whether the Office of Consumer Counsel appeared or 583
participated in such proceeding. 584
Sec. 5. Section 16 -19d of the general statutes is repealed and the 585
following is substituted in lieu thereof (Effective October 1, 2026): 586
(a) As used in this section: 587
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sHB5551 / File No. 439 19
(1) "Advertising" means the commercial use of any media including, 588
but not limited to, newspaper and all other forms of print, radio , [and] 589
television and Internet, in order to transmit a message to a substantial 590
number of members of the public or customers of a public service 591
company; 592
(2) "Political advertising" means any advertising for the purpose of 593
influencing public opinion with respect to any legislative, 594
administrative or electoral decision or with respect to any controversial 595
issue of public importance; 596
(3) "Institutional advertising" means any advertising which is 597
designed to create, enhance or sustain a public service company's image 598
or good will with regard to the general public or its customers; 599
(4) "Promotional advertising" means any advertising that has the 600
purpose of inducing the public to select or use the service or additional 601
service of a public service company or select or install any appliance or 602
equipment designed to use such service, provided such advertising 603
shall not include advertising authorized by order or regulation of the 604
Public Utilities Regulatory Authority. 605
(b) The cost of political, institutional or promotional advertising of 606
any gas company or electric distribution company and the cost of 607
political or institutional advertising of any telephone company shall not 608
be deemed to be an operating expense in any rate schedule proceedings 609
held pursuant to section 16-19. For the purposes of this section, political, 610
institutional or promotional advertising shall not be deemed to include 611
reasonable expenditures for (1) the publication or distribution of 612
existing or proposed tariffs or rate schedules; (2) notices required by law 613
or regulation; (3) public information regarding service interruptions, 614
safety measures, emergency conditions, employment opportunities or 615
the means by which customers can conserve energy or make efficient 616
and economical use of service; (4) the promotion or marketing of 617
efficient gas and electric equipment which the Public Utilities 618
Regulatory Authority determines: (A) Is consistent with the state's 619
energy policy; (B) is consistent with integrated resource planning 620
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sHB5551 / File No. 439 20
principles; (C) provides net economic benefit to such company's 621
customers; and (D) shall not have the primary purpose of promoting 622
one fuel over another; or (5) advertising by a gas company that is 623
necessary as a result of competition created by actions and decisions of 624
the Federal Energy Regulatory Commission and the Public Utilities 625
Regulatory Authority. Such advertising shall be limited to the express 626
purpose of promoting gas companies in competition with other 627
providers and marketers of natural gas. Such advertising shall not 628
include any promotions, cash, equipment, installation or service 629
subsidies for the conversion to natural gas from any other energy 630
source. 631
(c) A public service company shall [make application] apply to the 632
authority for determination that equipment meets the requirements of 633
subdivision (4) of subsection (b) of this section. The authority shall, to 634
the extent practicable, make such determination within one hundred 635
twenty days of such filing. All reasonable and proper expenses, required 636
by the authority and the Office of Consumer Counsel, including, but not 637
limited to, the costs associated with analysis, testing, evaluation and 638
testimony at a public hearing or other proceeding, shall be borne by the 639
company and shall be paid by the company at such times and in such 640
manner as the authority directs. 641
(d) The authority shall not allocate any expenditures made by a gas 642
company pursuant to subdivision (5) of subsection (b) of this section to 643
residential customers in any rate schedule proceedings held pursuant to 644
section 16-19 unless the authority finds that effective competition in the 645
residential gas market already exists. 646
(e) The authority shall adopt regulations to carry out the purposes of 647
subsections (a) and (b) of this section. 648
(f) Each gas or electric distribution company shall conspicuously 649
indicate in all of its advertising whether the costs of the advertising are 650
being paid for by the company's shareholders, its customers or both. 651
Sec. 6. Section 16 -243gg of the general statutes is repealed and the 652
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sHB5551 / File No. 439 21
following is substituted in lieu thereof (Effective October 1, 2026): 653
(a) No electric distribution company, gas company, pipeline 654
company or water company [, as such terms are defined in section 16 -655
1,] shall recover through rates any direct or indirect cost associated with 656
membership, dues, sponsorships or contributions to a business or 657
industry trade association, group or related entity incorporated under 658
Section 501 of the Internal Revenue Code of 1986, or any subsequent 659
corresponding internal revenue code of the United States, as amended 660
from time to time. 661
(b) No electric distribution company, gas company, pipeline 662
company or water company [, as such terms are defined in section 16 -663
1,] shall recover through rates any direct or indirect cost associated with 664
lobbying or legislative action, as such terms are defined in section 1-91. 665
(c) No electric distribution company, gas company, pipeline 666
company or water company [, as such terms are defined in section 16 -667
1,] shall recover through rates any direct or indirect cost associated with 668
advertising, marketing, communications that seek to influence public 669
opinion or any other related costs identified by the authority, unless 670
such marketing, advertising, communications or related costs are 671
specifically approved or ordered by the authority or the Department of 672
Energy and Environmental Protection. 673
(d) No electric distribution company, gas company, pipeline 674
company or water company [, as such terms are defined in section 16 -675
1,] shall recover through rates any direct or indirect cost associated with 676
(1) travel, lodging or food and beverage expenses for such company's 677
board of directors and officers or the board of directors and officers of 678
such company's parent company; (2) entertainment or gifts; (3) any 679
owned, leased or chartered aircraft for such company's board of 680
directors and officers or the board of directors and officers of such 681
company's parent company; or (4) investor relations. 682
(e) No electric distribution company shall recover through rates any 683
direct or indirect cost associated with (1) promoting the company's 684
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sHB5551 / File No. 439 22
application before the Connecticut Siting Council, including, but not 685
limited to, consulting, data and analytics, franking, fundraising, market 686
research, community engagement and Internet web site development, 687
or (2) preparing for a proceeding before the Connecticut Siting Council, 688
including any appeal from a proceeding of the council, unless such 689
recovery is required under federal law. 690
[(e)] (f) On or before January 15, 2024, and annually thereafter, each 691
electric distribution company, gas company, pipeline company or water 692
company [, as such terms are defined in section 16 -1,] with more than 693
seventy-five thousand customers shall report to the authority an 694
itemized list of costs associated with the activities described in this 695
section and subsection (b) of section 16-243p in a form prescribed by the 696
authority. Such report shall include, but need not be limited to: (1) Any 697
costs spent by the parent company or affiliates of the public service 698
company directly billed or allocated to the public service company; (2) 699
a list of the title, job description and salary of any employees of the 700
public service company who performed work associated with the 701
activities described in this section or in subsection (b) of section 16-243p 702
and the hours attributed to such work; (3) a list of the title, job 703
description and salary of any employees of the parent company or 704
affiliate who performed work associated with the activities described in 705
this section or in subsection (b) of section 16 -243p and the hours 706
attributed to such work that were directly billed or allocated to the 707
public service company; (4) an itemized list of costs that the public 708
service company made to all third -party vendors for any expenses 709
associated with the activities described in this section or in subsection 710
(b) of section 16 -243p including unredacted billing amounts, billing 711
dates, payees and explanation of the expenditure in detail sufficient to 712
describe the purpose of the cost; and (5) any other itemized information 713
deemed relevant by the authority. No electric distribution company, gas 714
company, pipeline company or water company [, as such terms are 715
defined in section 16-1,] shall recover through rates any costs associated 716
with the preparation of such report. 717
Sec. 7. Section 16 -48a of the general statutes is repealed and the 718
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sHB5551 / File No. 439 23
following is substituted in lieu thereof (Effective October 1, 2026): 719
There is established a fund to be known as the "Consumer Counsel 720
and Public Utility Control Fund". The fund may contain any moneys 721
required by law to be deposited in the fund and shall be held by the 722
Treasurer separate and apart from all other moneys, funds and 723
accounts. The interest derived from the investment of the fund shall be 724
credited to the fund. Amounts in the fund may be expended only (1) 725
pursuant to appropriation by the General Assembly , or (2) by the 726
Treasurer to the Office of the Consumer Counsel for costs associated 727
with hiring employees to enable the office to participate in proceedings 728
of the Connecticut Siting Council t hat the Consumer Counsel has 729
determined may significantly impact electric rates . Any balance 730
remaining in the fund at the end of any fiscal year shall be carried 731
forward in the fund for the fiscal year next succeeding. 732
Sec. 8. Subsection (e) of section 16 -2a of the 2026 supplement to the 733
general statutes is repealed and the following is substituted in lieu 734
thereof (Effective October 1, 2026): 735
(e) The Consumer Counsel shall hire such staff as necessary to 736
perform the duties of the Office of Consumer Counsel and may retain 737
from time to time outside consultants knowledgeable in utilities 738
regulation, including, but not limited to, economists, capital cost 739
experts, rate design experts, [and] engineers, a public utilities examiner, 740
a staff attorney and a communications and outreach associate. Any staff 741
hired or consultant employed to perform the duties associated with the 742
Consumer Counsel's party status to certain proceedings of the 743
Connecticut Siting Council shall be funded under the Consumer 744
Counsel and Public Utility Control Fund pursuant to section 16 -48a, as 745
amended by this act. The salaries and qualifications of the staff so hired 746
shall be determined by the Commissioner of Administrative Services 747
pursuant to section 4-40. 748
Sec. 9. Section 16 -50p of the general statutes is amended by adding 749
subsection (k) as follows (Effective October 1, 2026): 750
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sHB5551 / File No. 439 24
(NEW) (k) In deciding whether to issue a certificate for a solar 751
photovoltaic facility that has a generating capacity greater than one 752
megawatt of electricity that is proposed to be located in a municipality 753
in which a solar photovoltaic facility that has a generating capacity 754
greater than one hundred megawatts is located, or in any municipality 755
abutting such existing facility, the council shall be bound by the 756
approval, disapproval or conditions concerning such proposed facility 757
that the chief executive officer or legislative body of the municipality in 758
which such facility is proposed to be located or such abutting 759
municipality submits to the council, provided the chief executive officer 760
or legislative body submits notice of such approval, disapproval or 761
conditions to the council not later than thirty days after such 762
municipality is served a copy of the application for such certificate 763
pursuant to subsection (b) of section 16-50l, as amended by this act. 764
Sec. 10. Subsection (a) of section 16-50k of the 2026 supplement to the 765
general statutes is repealed and the following is substituted in lieu 766
thereof (Effective October 1, 2026): 767
(a) Except as provided in subsection (b) of section 16 -50z, no person 768
shall exercise any right of eminent domain in contemplation of, 769
commence the preparation of the site for, commence the construction or 770
supplying of a facility, or commence any modification of a facility, that 771
may, as determined by the council, have a substantial adverse 772
environmental effect in the state without having first obtained a 773
certificate of environmental compatibility and public need, hereinafter 774
referred to as a "certificate", issued with respect to such facility or 775
modification by the council. Certificates shall not be required for (1) fuel 776
cells built within the state with a generating capacity of two hundred 777
fifty kilowatts or less, or (2) fuel cells built out of state with a generating 778
capacity of ten kilowatts or less. Any facility with respect to which a 779
certificate is required shall thereafter be built, maintained and operated 780
in conformity with such certificate and any terms, limitations or 781
conditions contained therein. Notwithstanding the provisions of this 782
chapter or title 16a, the council shall, in the exercise of its jurisdiction 783
over the siting of generating facilities, approve by declaratory ruling (A) 784
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sHB5551 / File No. 439 25
the construction of a facility solely for the purpose of generating 785
electricity, other than an electric generating facility that uses nuclear 786
materials or coal as fuel, at a site where an electric generating facility 787
operated prior to July 1, 2004, and (B) the construction or location of any 788
fuel cell, unless the council finds a substantial adverse environmental 789
effect, or of any customer-side distributed resources project or facility or 790
grid-side distributed resources project or facility with a capacity of not 791
more than sixty-five megawatts, as long as: (i) Such project meets air and 792
water quality standards of the Department of Energy and 793
Environmental Protection, (ii) the council does not find a substantial 794
adverse environmental effect, and (iii) for a solar photovoltaic facility 795
[with a capacity of two or more megawatts, ] to be located on prime 796
farmland or forestland, excluding any such facility that was selected by 797
the Department of Energy and Environmental Protection in any 798
solicitation issued prior to July 1, 2017, pursuant to section 16a -3f, 16a-799
3g or 16a-3j, the Department of Agriculture represents, in writing, to the 800
council that such project will not materially affect the status of such land 801
as prime farmland or the Department of Energy and Environmental 802
Protection represents, in writing, to the council that such project will not 803
materially affect the status of such land as core forest. In conducting an 804
evaluation of a project for purposes of subparagraph (B)(iii) of this 805
subdivision, the Departments of Agriculture and Energy and 806
Environmental Protection may consult with the United States 807
Department of Agriculture and soil and water conservation districts. In 808
addition to all other requirements for the issuance of a certificate, the 809
council shall not issue a certificate for a facility described in 810
subparagraph (B)(iii) of this subdivision unless the applicant for such 811
certificate furnishes a bond to cover all costs associated with the 812
decommissioning of such facility and the restoration of such prime 813
farmland, including, but not limited to, an inspection by a qualified soil 814
scientist or other agricultural soils professional to assess and assure that 815
the soils of such prime farmland are restored and will be suitable for 816
farming. Such an assessment shall include, but need not be limited to, 817
consideration of topsoil and subsoil depths, soil compaction, alteration 818
in surface and subsurface drainage, erosion and sedimentation control 819
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sHB5551 / File No. 439 26
measures and soil fertility. Such decommissioning bond requirement 820
shall also apply to any such two -megawatt or more solar photovoltaic 821
facility that is approved by declaratory ruling. 822
Sec. 11. Subsection (d) of section 16 -50p of the general statutes is 823
repealed and the following is substituted in lieu thereof (Effective October 824
1, 2026): 825
(d) If the council determines that the location of all or a part of the 826
proposed facility should be modified, it may condition the certificate 827
upon such modification, provided the municipalities affected by the 828
modification and the residents of such municipalities shall have had 829
notice of the application pursuant to [subsection (b)] subsections (b) and 830
(c) of section 16-50l, as amended by this act. 831
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 16-50j
Sec. 2 October 1, 2026 16-50l
Sec. 3 October 1, 2026 16-50n
Sec. 4 October 1, 2026 16-2a(a)
Sec. 5 October 1, 2026 16-19d
Sec. 6 October 1, 2026 16-243gg
Sec. 7 October 1, 2026 16-48a
Sec. 8 October 1, 2026 16-2a(e)
Sec. 9 October 1, 2026 16-50p(k)
Sec. 10 October 1, 2026 16-50k(a)
Sec. 11 October 1, 2026 16-50p(d)
Statement of Legislative Commissioners:
Section 1(b)(2), " of the commissioner " and " of the chairperson " were
added for clarity, in Section 2(a)(1), Subpars. (J) to (L), inclusive, were
reworded to avoid redundancy and Section 11 was added to make a
conforming change to reflect the changes made in Section 2.
GAE Joint Favorable Subst.
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sHB5551 / File No. 439 27
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $
CT Siting Council CC&PUCF - Cost Potential Potential
CT Siting Council1 CC&PUCF - Cost 326,962 326,962
Consumer Counsel1 CC&PUCF - Cost 524,140 524,140
Note: CC&PUCF=Consumer Counsel and Public Utility Control Fund
Municipal Impact: None
Explanation
The bill results in a cost to the state of $851,102 in both FY 27 and FY
28 associated with new staff and consulting fees associated with several
changes related to the proceedings of the Connecticut Siting Council
(CSC). Additionally, the bill results in a potential cost to the CSC
associated with new requirements for various meetings and public
hearings.
Section 1 prohibits the CSC from starting any proceeding without the
Department of Energy and Environmental Protection (DEEP)
commissioner and Public Utilities Regulatory Authority (PURA)
chairperson, or their designees . This could result in a cost of up to
$350,000 annually associated with the cancellation or postponement of
1The fringe benefit costs for employees funded out of other appropriated funds are
budgeted within the fringe benefit account of those funds, as opposed to the fringe
benefit accounts within the Office of the State Comptroller. The estimated active
employee fringe benefit cost associated with most personnel changes for other
appropriated fund employees is 85.92% of payroll in FY 27.
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sHB5551 / File No. 439 28
various meetings2. The annual cost would depend on the number of
meetings and public hearings without a DEEP or PURA designee in
attendance.
Additionally, the bill requires the council to have an additional ad
hoc member appointed by the applicable regional council of
governments in which a proposed facility is located. Based on the
number of meetings and hearings required, this is anticipated to result
in a cost of $20,000 per town (location). For every five towns where a
facility is proposed, adding an ad hoc member will result in a cost of up
to $100,000.
The bill specifies that the council must employ at least one employee
dedicated to providing a plain language summary of proceedings. This
will result in an annual cost to the CSC of $204,512 for an additional
Siting Analyst, including a salary of $110,000 and corresponding fringe
benefits of $94,512.
Section 2 expands the scope of various application and approval
processes for projects related to certain electric transmission lines, fuel
transmission facilities, or electric substations or switchyards. It is
anticipated that the CSC will require a consultant with an estimated cost
of $122,450 (based on previous contracts) to meet the requirements
contained within the bill. It is anticipated, given the expansion of the
application and approval process and potential number of projects, the
consulting fees would be an annual cost.
Sections 3, 4, 7 and 8 require the Siting Council to make the Office of
Consumer Counsel (OCC) a party in certain Siting Council proceedings
that the OCC determines may significantly impact electric rates and
requires the consumer counsel’s staff to include certain positions.
This results in a cost to OCC of $524,140 annually. OCC will require
three new full-time staff to complete the expanded duties within the bill.
2 For FY 25 the CSC held 25 meetings with an average cost of $4,000 for a total of
$100,000. Additionally, CSC held 25 public hearings with an average cost of $10,000
for a total of $250,000.
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sHB5551 / File No. 439 29
The new positions will include: a Utilities Examiner (annual salary of
$97,141), a Staff Attorney (annual salary of $97,141), and a Utilities
Engineer (annual salary of $87,635). The corresponding fringe benefits
associated with the new positions total $242,223 annually.
The other sections of the bill are procedural, technical, or impact
private entities, which do not result in a fiscal impact to the state.
Rate Payer Impact
The rate payer impact of the bill is indeterminate and will be
dependent upon decisions made by electric distribution companies
(EDC) outside of the immediate scope of the bill.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to inflation, the number of meetings and
public hearings and the required number of ad hoc members.
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OLR Bill Analysis
sHB 5551
AN ACT CONCERNING PROCEEDINGS OF THE SITING COUNCIL
AND OTHER REQUIREMENTS CONCERNING CERTAIN UTILITY
EXPENDITURES.
SUMMARY
This bill makes various changes to the energy statutes, primarily
related to the Connecticut Siting Council. Among other things, it
generally:
1. prohibits the council from starting any proceeding without the
Department of Energy and Environmental Protection (DEEP)
commissioner and Public Utilities Regulatory Authority (PURA)
chairperson, or their designees;
2. requires the council to have an additional ad hoc member
appointed by the applicable regional council of governments for
certain proceedings;
3. makes various changes to the council’s application and approval
process, such as (a) requiring applications for certain facilities to
include additional information, (b) requiring (rathe r than
allowing) municipalities to hold a public information meeting on
proposed cell towers , and (c) requiring applicants to notify
certain officials if they retain a lobbyist;
4. allows the consumer counsel to be a party in Siting Council
proceedings that may significantly impact electric rates;
5. extends the prohibition on electric distribution company (EDC;
Eversource or United Illuminating) or gas company rate recovery
for certain advertising expenses to include Internet ads;
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6. prohibits EDC rate recovery for the costs of promoting an
application before the Siting Council and preparing for a council
proceeding;
7. requires the consumer counsel’s staff to have expertise in certain
specified areas;
8. limits the Siting Council’s ability to approve certain solar
facilities in municipalities that already have a solar facility with a
generating capacity greater than 100 megawatts; and
9. requires additional approval from the Department of Agriculture
and DEEP when siting certain facilities on prime farmland or core
forest.
The bill also makes numerous minor, technical, and conforming
changes.
EFFECTIVE DATE: October 1, 2026
§ 1 — SITING COUNCIL MEMBERSHIP & EMPLOYEES
By law, except for proceedings involving hazardous waste, the Siting
Council consists of the following members: (1) the DEEP commissioner,
or her designee; (2) the PURA chairperson, or his designee ; (3) a
designee from each of the House speaker and Senate president pro
tempore; and (4) five members of the public, with certain qualifications,
appointed by the governor.
The bill prohibits the council from beginning any proceeding,
including any meeting or public hearing, without the DEEP
commissioner and PURA chairperson, or their designees or alternate
designees. (It is unclear, but it appears that this provision would prevent
the council from beginning any proceedings involving a hazardous
waste facility, as the DEEP commissioner and PURA chairperson do not
sit on the council for these proceedings (see below).)
By law, for proceedings that involve a hazardous waste facility , the
House speaker’s, Senate president pro tempore’s, and governor’s
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appointees remain on the council, but the public health and emergency
services and public protection commissioner s replace the DEEP
commissioner and PURA chairperson. Four ad hoc members are also
appointed to represent the municipality and neighboring municipality
where the proposed facility will be located.
The bill specifies that for all other proceedings, the council must have
one additional ad hoc member appointed by the regional council of
governments for the planning region where the proposed facility will be
located (it is unclear what “other proceedings” this requirement applies
to).
Current law generally allows the Siting Council to employ any
employees it needs to carry out its purposes. The bill further specifies
that the council must employ at least one employee dedicated to
facilitating the engagement of interested parties and pro viding a plain
language summary of proceedings.
§ 2 — SITING COUNCIL APPLICATION & APPROVAL PROCESS
The law generally requires developers to obtain a certificate of
environmental compatibility and public need from the Siting Council
before they can build certain facilities (such as electric generation or
transmission facilities or cell towers). The bill makes various changes to
the application and approval process for these projects , including
explicitly prohibiting the Siting Council from taking any action on an
application unless the applicant strictly complied with the law’s
provisions on applications and notifications.
Electric Transmission Lines, Fuel Transmission Facilities, and
Electric Substations or Switchyards
The law requires applications to the Siting Council for certain electric
transmission lines, fuel transmission facilities, or electric substations or
switchyards to include certain information, such as their estimated
costs, routing maps, and a description of their environmental effect. For
those applications proposing a repair, upgrade, replacement , or
enhancement, the bill expands the information required to include
detailed studies of alternative solutions to repairing existing electric
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transmission lines.
It also requires the applications to include the following information,
which the council must use to determine the project’s cost effectiveness:
1. quarterly data for the preceding two years on the earned and
authorized return on equity of related projects subject to the
council’s jurisdiction (the bill does not further specify how to
determine what is a “related project”);
2. an estimate of the proposed facility’s return on investment; and
3. an estimate of the proposed facility’s impact on regional network
service and local network service rates for EDCs, and
accompanying calculations, including any underlying
assumptions for the estimate.
Electric Generation or Storage Facilities
Current law requires applications to the Siting Council for electric
generation or storage facilities to include, among other things, safety
and reliability information including plans for emergency operations
and shutdowns. The bill requires them to also include plans for
emergency responses.
Current law also requires these applications to include the
comparative costs of alternatives considered. The bill more specifically
requires these to be comparative costs of generating sources or
configurations considered.
Electric Transmission Lines
The law requires applications to the Siting Council for electric
transmission lines to include certain information, which under current
law includes a detailed analysis of any non-transmission alternatives to
the proposed facility or modification. The bill further specifies that this
analysis must be (1) from an independent engineer the Siting Council
selects and (2) submitted within 30 days after filing the application.
Public Information Meeting on Cell Towers
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For applications to site telecommunication towers, the law generally
requires the applicant to consult with the municipality where the tower
will be located. Current law allows the municipality, no later than 60
days after this consultation meeting, to hold a public information
meeting on the application. The bill instead requires the municipality to
hold a public information meeting during this period. As under current
law, the applicant must issue certain notices about the meeting at least
15 days in advance and pay for the meeting’s costs.
DEEP Input on Prime Farmland or Core Forest
Under the bill, for any application to site a facility on prime farmland
or core forest, the DEEP commissioner must submit a written opinion
on the facility’s impacts on the land. The bill prohibits the Siting Council
from issuing a certificate, or approving an amendment to one, without
considering this opinion.
By law, “prime farmland” is generally land that has the best
combination of physical and chemical characteristics for producing
food, feed, forage, fiber, and oilseed crops, and is also available for these
uses. “Core forest” is unfragmented forest land that is at least 300 feet
from the boundary between forest land and non -forest land, as
determined by DEEP commissioner.
Notice About Lobbyists
The bill creates a notice requirement for when an applicant who
submits an initial application for a facility regulated by the Siting
Council retains a communicator lobbyist to influence the public or
interested parties about the application. It requires t he applicant to
immediately send electronic notice about the retainer to:
1. the council;
2. the attorney general;
3. each state legislator whose district includes the proposed
facility’s location, or an alternative location proposed in the
application; and
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4. the chief elected official of any municipality that (a) includes a
portion of the proposed facility’s primary or alternative location
or (b) has a boundary within 2,500 feet from the proposed facility.
Under the bill, a “communicator lobbyist” is a lobbyist who
communicates directly , or solicits others to communicate with , an
official or the official’s staff in the legislative or executive branch, or in a
quasi-public agency, to influence legislative or administrative action.
§§ 3 & 4 — CONSUMER COUNSEL PARTY STATUS IN SITING
COUNSEL PROCEEDINGS
The bill requires the Siting Council to grant party status to the
consumer counsel, upon her request, in any certification , amendment,
or declaratory ruling proceeding that she determines may significantly
impact electric rates.
Under current law, when the Siting Council receives an application,
it may hire independent consultants to study and measure a proposed
facility’s environmental consequences. The bill specifies that the
applicant must pay for these consultants. Existing law, unchanged by
the bill, already requires that the application fee be used to meet the
council’s expenses, including for these consultants, and also allows the
council to assess the applicant during the proceeding as needed to meet
its expenses (CGS § 16-50v).
§ 5 — INTERNET ADVERTISING
The law generally prohibits PURA from considering a gas, electric
distribution, or telephone company’s political, institutional, or
promotional advertising as part of the company’s operating expenses
when setting rates (in effect, prohibiting these expense s from being
recovered through the company’s rates). The bill specifies that this
includes Internet advertising. Current law covers advertising on any
media, such as newspaper (and all other forms of print), radio, and
television.
§ 6 — RATE RECOVERY FOR SITING COUNCIL PROCEEDINGS
The bill prohibits EDCs from recovering through their rates, unless
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federal law requires it, any direct or indirect costs associated with (1)
promoting the company’s application before the Siting Council,
including costs for consulting, data and analytics, franking, fundraising,
market research, community engagement, and Internet website
development, or (2) preparing for a Siting Council proceeding,
including appeals.
(This provision could conflict with legal standards for utility cost
recovery if it prohibits a company from recovering a cost incurred
prudently, efficiently, and economically; for a clear public need and
public necessity and convenience; and due to a statutory mandate (for
example, see CGS §§ 16-19 & 16-19e).)
§§ 7 & 8 — CONSUMER COUNSEL STAFF AND COST RECOVERY
The bill requires the consumer counsel’s staff to at least include a
public utilities engineer, public utilities examiner, staff attorney, and
communications and outreach associate. It also allows the consumer
counsel to hire rate design engineers as consultants.
By law, unchanged by the bill, each PURA-regulated utility company
is assessed an annual fee to pay for its share of PURA, Office of
Consumer Counsel , and DEEP Bureau of Energy and Technology
expenses, among others (CGS § 16 -49). PURA must remit the collected
fees to the Consumer Counsel and Public Utility Control Fund. The bill
further specifies that (1) any staff or consultants hired by the consumer
counsel for Siting Council proceedings must be funded through the
fund and (2) the fund may be used for their costs.
§ 9 — LIMITS ON APPROVING CERTAIN SOLAR FACILITIES
The bill limits the Siting Council’s ability to approve a solar
photovoltaic facility with a generating capacity greater than one
megawatt (MW) if it is proposed in a municipality where a solar
photovoltaic facility with a generating capacity greater than 100 MW is
located, or in any municipality abutting the existing facility. For these
applications, the bill requires the council to be bound by the approval,
disapproval, or conditions set for the proposed facility by the chief
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executive officer (CEO) or legislative body of the municipality (or the
abutting municipality). The CEO or legislative body must submit notice
of the approval, disapproval, or conditions to the council within 30 days
after the municipality is served a copy of the application as required by
law.
§ 10 — DECLARATORY RULINGS FOR CERTAIN SOLAR
FACILITIES
For customer -side distributed resource and grid -side distributed
resource projects, current law requires the council to approve a
certificate by declaratory ruling as long as the project meets DEEP ’s air
and water quality standards . In addition, i f the project is a solar
photovoltaic facility with a generating capacity of at least two MW and
will be located on prime farmland or forestland, the Department of
Agriculture or DEEP must represent in writing that the project will not
materially affect the land ’s status as prime farmland or core forest ,
respectively.
The bill removes the two MW capacity threshold, applying this
requirement to all council-regulated solar facilities proposed for prime
farmland or forestland. As under current law, however, the
requirements do not apply to facilities that DEEP selected in certain
solicitations issued before July 1, 2017.
BACKGROUND
Related Bills
SB 144 (File 47), reported favorably by the Environment Committee,
requires the Siting Council’s membership to include an elector from the
municipality where the proposed facility would be located, in addition
to the existing membership.
sSB 316, reported favorably by the Environment Committee, requires
Siting Council applicants for a solar photovoltaic facility with a capacity
of at least two MW to have soil tests done at the proposed location to
determine the presence of certain contaminants.
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COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 16 Nay 3 (03/23/2026)