AN ACT CONCERNING ENVIRONMENTAL JUSTICE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2003) (1) As used in sections 1 to 3, inclusive, of this act, and section 16-50p of the general statutes, as amended by this act, "environmental justice" means the equal protection and meaningful participation of people of all races, cultures and income levels in the development of laws, regulations and policies to ensure that no segment of the population bears a disproportionate burden of environmental risk by virtue of place of residence, education, employment, recreation, protected class status under federal, state and local civil rights laws, or amount and source of income, and that no segment of the population has a disproportionate exposure to emissions into the atmosphere, watercourses, groundwater or soil of the state, and (2) "environmental justice action plan" means an agency-wide plan for environmental justice that identifies and addresses disproportionately high and adverse human health or environmental effects of a program, policy or activity on minority and low-income populations.

Sec. 2. (NEW) (Effective October 1, 2003) (a) The Connecticut Siting Council, the Department of Environmental Protection, the Department of Public Utility Control, the Department of Motor Vehicles, the Connecticut Resources Recovery Authority, the Bristol Resources Recovery Authority and Eastern Connecticut Resources Recovery Authority shall each develop an environmental justice action plan and shall specifically address and consider such environmental justice action plan prior to granting any license, permit or authorization, or taking any action that could have human health or environmental effects.

(b) In developing an environmental justice action plan, each department, council or authority shall consider each of its programs, policies, planning and public participation processes, enforcement actions and rulemaking related to human health or the environment, and shall revise such programs, policies, processes and actions as appropriate to (1) promote enforcement of all health and environmental statutes in areas with minority populations and low-income populations, (2) ensure greater public participation in agency decision-making, (3) improve research and data collection relating to the health and environment of minority and low-income populations, and (4) identify differential patterns of consumption of natural resources among minority and low-income populations.

Sec. 3. (Effective from passage) The Commission on Human Rights and Opportunities shall review the environmental justice action plan of each department, council or authority, identify any barriers to the achievement of environmental justice and report, in accordance with section 11-4a of the general statutes, its recommendations regarding the implementation of such plans to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to public health and the environment no later than January 1, 2004.

Sec. 4. Subsection (a) of section 16-50p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) In a certification proceeding, the council shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, limitations or modifications of the construction or operation of the facility as the council may deem appropriate. The council's decision shall be rendered within twelve months of the filing of an application concerning a facility described in subdivision (1) or (2) of subsection (a) of section 16-50i or subdivision (4) of said subsection (a) if the application was incorporated in an application concerning a facility described in subdivision (1) of said subsection (a), and within one hundred eighty days of the filing of any other application concerning a facility described in subdivision (4) of said subsection (a), and an application concerning a facility described in subdivision (3), (5) or (6) of said subsection (a), provided such time periods may be extended by the council by not more than one hundred eighty days with the consent of the applicant. The council shall file, with its order, an opinion stating in full its reasons for the decision. Except as provided in subsection (c) of this section, the council shall not grant a certificate, either as proposed or as modified by the council, unless it shall find and determine: (1) A public need for the facility and the basis of the need; (2) (i) the nature of the probable environmental impact, including a specification of every significant adverse effect, whether alone or cumulatively with other effects, on, and conflict with the policies of the state concerning, the natural environment, ecological balance, public health and safety, scenic, historic and recreational values, forests and parks, air and water purity and fish, aquaculture and wildlife, and (ii) the adequacy and responsiveness of the environmental justice action plan considered by the applicant in planning the construction or operation of the facility; (3) why the adverse effects or conflicts referred to in subdivision (2) of this subsection are not sufficient reason to deny the application; (4) in the case of an electric transmission line, (A) what part, if any, of the facility shall be located overhead, (B) that the facility conforms to a long-range plan for expansion of the electric power grid of the electric systems serving the state and interconnected utility systems and will serve the interests of electric system economy and reliability, and (C) that the overhead portions of the facility, if any, are cost effective and the most appropriate alternative based on a life-cycle cost analysis of the facility and underground alternatives to such facility, and are consistent with the purposes of this chapter, with such regulations as the council may adopt pursuant to subsection (a) of section 16-50t, and with the Federal Power Commission "Guidelines for the Protection of Natural Historic Scenic and Recreational Values in the Design and Location of Rights-of-Way and Transmission Facilities" or any successor guidelines and any other applicable federal guidelines; (5) in the case of an electric or fuel transmission line, that the location of the line will not pose an undue hazard to persons or property along the area traversed by the line. The terms of any agreement entered into by the applicant and any party to the certification proceeding, or any third party, in connection with the construction or operation of the facility, shall be part of the record of the proceedings and available for public inspection. The full text of any such agreement, and a statement of any consideration therefor, if not contained in the agreement, shall be filed with the council prior to the council's decision. This provision shall not require the public disclosure of proprietary information or trade secrets.

Statement of Purpose:

To ensure that, in planning, construction and operation activities, all aspects of environmental justice shall be considered and activities revised accordingly.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]