Connecticut Law Requires Undergrounding

http://www.retailenergy.com/statelin/0406olsn.htm

June 2004

Connecticut General Assembly
Requires Assessment of Electromagnetic
Field Impact on Transmission Line Siting

by Robert Olson -- Brown, Olson and Wilson, P.C.
(originally published by PMA OnLine Magazine: 2004/06/27)

The Connecticut General Assembly recently passed legislation which imposes additional criteria on utilities seeking a certificate of environmental compatibility and public need for new facilities. Public Act No. 04-246. Legislators describe the amendment to existing siting statutes as “one of the highest bars in the country for electromagnetic fields and standards for construction of transmission lines.” Connecticut House of Representatives, Transcript for May 3, 2004.

Public Health Concerns

Legislators were responding to concerns expressed by constituents in areas to be affected by Connecticut Light and Power Company’s proposed 345-kV transmission line between Middletown and Norwalk, Connecticut. Intervenors before the Connecticut Siting Council filed expert testimony that operation of the proposed overhead high voltage power lines would be expected to pose a long-term health hazard, particularly to children. Connecticut Siting Council, Docket No. 272, Testimony of Dr. Leonard Bell, et al. Residents voiced these concerns to their legislative representatives. The General Assembly did not make findings that such a health hazard exists, but decided to pass the act as a public health and safety measure to reduce possible hazardous health risks due to electromagnetic fields (“EMF”).

Presumption of Public Benefit

The act creates a presumption that 345 kV lines in all residential areas will meet the law’s public benefit standard if the facility is substantially underground. The presumption may be overcome by evidence submitted to the satisfaction of the Siting Council. The act directs the Siting Council to consider the best management of EMF practices in making its decisions regarding placement of high voltage power lines. The Siting Council is directed to take administrative notice of completed and on-going scientific and medical research on electromagnetic fields and may adopt standards regarding best management practices. The act also directs the Siting Council to consider whether it will be technologically infeasible to bury the facility.

Costs of Compliance Recoverable in Rates

Legislators speaking in support of the act stated that cost should not be a consideration. The act does state that all prudent costs associated with burial “shall be deemed to be reasonable” and shall be recovered by the electric distribution company in rates. Public Act No. 04-246. The specific language of the act requires applicants to provide “a justification for overhead portions, if any, including life-cycle cost studies comparing overhead alternatives with underground alternatives, and effects … of undergrounding.” Legislators were not able to assess the additional costs imposed by the legislation, estimating an approximate 1% to 2% increase in rates across the state.

Effective Date of the Act

The effective date of the legislation specifically makes the act applicable to petitions for a certificate of environmental compatibility and public need filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision. Connecticut Light and Power filed its application for the Middletown to Norwalk transmission line on October 9, 2003 and is therefore subject to the terms of the act. The act was transferred to the Secretary of State on May 21, 2004 and will be sent to the governor for signature, at which time the governor has fifteen days to act or the bill becomes law without the governor’s signature.
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http://www.powerlinefacts.com/connecticut_requires_underground.htm

Gov. says yes to power lines

By BRIAN MCCREADY , Journal Register News Service 05/07/2004

Gov. John G. Rowland pledged Thursday to sign legislation that would require new high-voltage lines to be buried, including a pending controversial project proposed by two major utilities.

Both the state House and Senate overwhelming approved the restrictive measure that is being hailed as the toughest in the country when it comes to regulating electric transmission lines.

"It’s outstanding," said state Sen. Winthrop Smith, R-Milford. "The power companies kept saying, ‘We can’t do this. No one else has done this,’ and we said, ‘Oh, yes we can,’ and we did it."

The governor’sspokesman, Christopher Cooper, said Rowland is expected to sign the bill next week.

The bill was proposed by a dozen New Haven County lawmakers in response to plans by Connecticut Light & Power and United Illuminating to upgrade a 69-mile transmission line from Middletown to Norwalk. The utilities say the upgrade, from 115 kilovolts to 345 kilovolts, is needed to improve energy reliability in Fairfield County, which is consuming increasing amounts of electric power.

The Siting Council will vote on the utilities’ plans in December.

The amended bill that was approved would require high voltage energy transmission lines be placed underground in areas near those used by children, including private or public schools, day-care facilities, youth camps and public playgrounds. The exception is in cases in which utilities can prove it’s not technologically feasible to bury lines.

A previous form of the bill included strict buffers, but the language was deleted in order to get the bill approved. The Siting Council will use its discretion in setting appropriate buffers.

"This is a victory for the people in all the impacted towns. Nearly everyone who spoke to me about this legislation expressed concern over the health consequences of the electromagnetic fields," said state Sen. Len Fasano, R-North Haven. "That’s why we included language requiring lines ..be placed underground unless NU and IU can prove it’s safe not to. The onus is now on them, which is how it should be."

Utility officials have said that studies prove that placing more lines underground will lead to reliability issues with the project.

State Sen. Joseph Crisco, D-Woodbridge, said that, while there are conflicting reports on the health risks of electromagnetic fields, the bill is the right thing to do to ensure precautions are taken to protect children.

"The passage of this bill is an enormous victory for everyone, especially the children of Connecticut," said state Rep. Themis Klarides, R-Derby. "The state will now take into account the potentially severe effects of EMFs, and this measure represents a strong stand in defense of people’s health and safety."

Klarides and Crisco both backed the proposal because of concerns the power line project would negatively effect Woodbridge. Members of Concerned Parents Against the Power Line Upgrade Plan have said, in Woodbridge alone, the current proposal to boost capacity of the transmission system would take the high voltage wires past two schools, a synagogue and a community center used by 3,000 children.

Leaders from several New Haven County communities have demanded the power lines be buried. Current plans for the upgrade call for the line to be buried from a Milford substation to Norwalk, while the remainder of the line, which would go through Milford, Orange, Woodbridge, Bethany, Cheshire, Wallingford and Durham on the way to Middletown, would be above ground.

Hartford Bureau Chief Greg Hladky contributed to this story. Brian McCready can be reached at 876-6800 or bmccready@nhregister.com

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Senate OKs power lines bill

By BRIAN MCCREADY , Journal Register News Service ----05/06/2004

HARTFORD -- In a vote state Sen. Win Smith, R-Milford, described as "David defeats Goliath," the Senate voted unanimously Wednesday night to approve a bill that may require high-voltage lines to be buried in some areas.

The bill requires the power companies to prove that burying lines in certain areas is not technologically feasible on any application that goes near schools, playgrounds, daycare centers, and through residential areas.

The Senate vote was 36-0. The bill now will be sent to Gov. John G. Rowland for his signature.

The state House of Representatives overwhelmingly passed the bill Monday night by a 144-5 margin.

The bill was proposed by a dozen New Haven County lawmakers in response to plans by Connecticut Light & Power and United Illuminating to upgrade 69 miles of transmission line from Middletown to Norwalk. The utilities say the upgrade from 115 kilovolts to 345 kilovolts is needed to improve energy reliability in Fairfield County, which is consuming increasing amounts of electric power.

"This sends a very strong message to the (Connecticut) Siting Council that they must bury the lines," Smith said.

The Siting Council will vote on the utilities’ plans in December.

The amended bill that was approved could require high-voltage energy transmission lines be placed underground in areas near children, including private or public schools, day-care facilities, youth camps, and public playgrounds unless utilities can prove it’s not technologically feasible.

UI spokeswoman Marcia Wellman confirmed the legislation will affect the utilities’ plans.

"The burden of proof is on the applicant," Wellman said.

Wellman said utility officials are confident they can prove it’s not technologically feasible to increase the number of underground lines. Studies have shown additional underground lines are not reliable, Wellman said.

Wellman said the buffer restriction will be a "challenge" for utilities, but the decision will be left to the Siting Council.

Utility officials are not surprised by the legislature’s vote, she said, because this is the largest transmission project in the state in more than 30 years.

"Unfortunately the technology does not exist to make all 18 towns along the proposed route happy," Wellman said.

Officials in Durham and Middlefield were ecstatic to hear the bill passes after a roller coaster ride over the last week. Durham First Selectwoman Maryann Boord was initially happy when the bill came from the Public Health Commission, but was shocked to learn last week when residential areas were taking out of the language of the bill by the House.

Boord, Middlefield First Selectman Charles Augur and many concerned residents went up to Hartford last week to urge the House to put residential areas back on the bill. They did. The bill passed, and then many feared the bill would not make it through the Senate before the close of session on Wednesday.

"It’s been quite a day. The bill was on the consent list. It was off.And, then,it was finally back on," said Boord. "There was a lot of communication, and we are grateful it went back on the list and it passed."

Boord looked at the bill as a major victory in her effort to have the lines moved underground. Although the bill does allow the power companies to argue against underground lines and possibly still have them above ground, Boord was very happy with Wednesday’s outcome.

"This bill was a very important next step," said Boord. "We have a long way ahead of us, but this was very important."

Szymon Twarog of the Middletown Press contributed to this report
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http://www.cga.state.ct.us/2004/act/Pa/2004PA-00246-R00HB-05418-PA.htm

Public Act No. 04-246

AN ACT CONCERNING ELECTRIC TRANSMISSION LINE SITING CRITERIA.

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

Section 1. Subsection (a) of section 16-50l of the general statutes, as amended by section 4 of public act 03-140, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(a) To initiate a certification proceeding, an applicant for a certificate shall file with the council an application, in such form as the council may prescribe, accompanied by a filing fee of not more than twenty-five thousand dollars, which fee shall be established in accordance with section 16-50t, and a municipal participation fee of twenty-five thousand dollars to be deposited in the account established pursuant to section 16-50bb, except that an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, as amended, shall not pay such municipal participation fee. An application shall contain such information as the applicant may consider relevant and the council or any department or agency of the state exercising environmental controls may by regulation require, including the following information:

(1) In the case of facilities described in subdivisions (1), (2) and (4) of subsection (a) of section 16-50i, as amended: (A) A description, including estimated costs, of the proposed transmission line, substation or switchyard, covering, where applicable underground cable sizes and specifications, overhead tower design and appearance and heights, if any, conductor sizes, and initial and ultimate voltages and capacities; (B) a statement and full explanation of why the proposed transmission line, substation or switchyard is necessary and how the facility conforms to a long-range plan for expansion of the electric power grid serving the state and interconnected utility systems, that will serve the public need for adequate, reliable and economic service; (C) a map of suitable scale of the proposed routing or site, showing details of the rights-of-way or site in the vicinity of settled areas, parks, recreational areas and scenic areas, residential areas, private or public schools, licensed child day care facilities, licensed youth camps, and public playgrounds and showing existing transmission lines within one mile of the proposed route or site; (D) justification for adoption of the route or site selected, including comparison with alternative routes or sites which are environmentally, technically and economically practical; (E) a description of the effect of the proposed transmission line, substation or switchyard on the environment, ecology, and scenic, historic and recreational values; (F) a justification for overhead portions, if any, including life-cycle cost studies comparing overhead alternatives with underground alternatives, and effects described in subparagraph (E) of this subdivision of undergrounding; (G) a schedule of dates showing the proposed program of right-of-way or property acquisition, construction, completion and operation; [and] (H) identification of each federal, state, regional, district and municipal agency with which proposed route or site reviews have been undertaken, including a copy of each written agency position on such route or site; and (I) an assessment of the impact of any electromagnetic fields to be produced by the proposed transmission line; and

(2) In the case of facilities described in subdivision (3) of subsection (a) of section 16-50i, as amended: (A) A description of the proposed electric generating or storage facility; (B) a statement and full explanation of why the proposed facility is necessary; (C) a statement of loads and resources as described in section 16-50r; (D) safety and reliability information, including planned provisions for emergency operations and shutdowns; (E) estimated cost information, including plant costs, fuel costs, plant service life and capacity factor, and total generating cost per kilowatt-hour, both at the plant and related transmission, and comparative costs of alternatives considered; (F) a schedule showing the program for design, material acquisition, construction and testing, and operating dates; (G) available site information, including maps and description and present and proposed development, and geological, scenic, ecological, seismic, biological, water supply, population and load center data; (H) justification for adoption of the site selected, including comparison with alternative sites; (I) design information, including description of facilities, plant efficiencies, electrical connections to system, and control systems; (J) description of provisions, including devices and operations, for mitigation of the effect of the operation of the facility on air and water quality, for waste disposal, and for noise abatement, and information on other environmental aspects; and (K) a listing of federal, state, regional, district and municipal agencies from which approvals either have been obtained or will be sought covering the proposed facility, copies of approvals received and the planned schedule for obtaining those approvals not yet received.

Sec. 2. Subsection (a) of section 16-50l of the general statutes, as amended by section 5 of public act 03-140 and sections 1 and 11 of this act, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004, and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(a) (1) To initiate a certification proceeding, an applicant for a certificate shall file with the council an application, in such form as the council may prescribe, accompanied by a filing fee of not more than twenty-five thousand dollars, which fee shall be established in accordance with section 16-50t, and a municipal participation fee of twenty-five thousand dollars to be deposited in the account established pursuant to section 16-50bb, except that an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, as amended, shall not pay such municipal participation fee. An application shall contain such information as the applicant may consider relevant and the council or any department or agency of the state exercising environmental controls may by regulation require, including the following information:

(A) In the case of facilities described in subdivisions (1), (2) and (4) of subsection (a) of section 16-50i, as amended: (i) A description, including estimated costs, of the proposed transmission line, substation or switchyard, covering, where applicable underground cable sizes and specifications, overhead tower design and appearance and heights, if any, conductor sizes, and initial and ultimate voltages and capacities; (ii) a statement and full explanation of why the proposed transmission line, substation or switchyard is necessary and how the facility conforms to a long-range plan for expansion of the electric power grid serving the state and interconnected utility systems, that will serve the public need for adequate, reliable and economic service; (iii) a map of suitable scale of the proposed routing or site, showing details of the rights-of-way or site in the vicinity of settled areas, parks, recreational areas and scenic areas, residential areas, private or public schools, licensed child day care facilities, licensed youth camps, and public playgrounds and showing existing transmission lines within one mile of the proposed route or site; (iv) justification for adoption of the route or site selected, including comparison with alternative routes or sites which are environmentally, technically and economically practical; (v) a description of the effect of the proposed transmission line, substation or switchyard on the environment, ecology, and scenic, historic and recreational values; (vi) a justification for overhead portions, if any, including life-cycle cost studies comparing overhead alternatives with underground alternatives, and effects described in (v) of this subparagraph of undergrounding; (vii) a schedule of dates showing the proposed program of right-of-way or property acquisition, construction, completion and operation; and (viii) identification of each federal, state, regional, district and municipal agency with which proposed route or site reviews have been undertaken, including a copy of each written agency position on such route or site; and [I] (ix) an assessment of the impact of any electromagnetic fields to be produced by the proposed transmission line; and

(B) In the case of facilities described in subdivision (3) of subsection (a) of section 16-50i, as amended: (i) A description of the proposed electric generating or storage facility; (ii) a statement and full explanation of why the proposed facility is necessary; (iii) a statement of loads and resources as described in section 16-50r; (iv) safety and reliability information, including planned provisions for emergency operations and shutdowns; (v) estimated cost information, including plant costs, fuel costs, plant service life and capacity factor, and total generating cost per kilowatt-hour, both at the plant and related transmission, and comparative costs of alternatives considered; (vi) a schedule showing the program for design, material acquisition, construction and testing, and operating dates; (vii) available site information, including maps and description and present and proposed development, and geological, scenic, ecological, seismic, biological, water supply, population and load center data; (viii) justification for adoption of the site selected, including comparison with alternative sites; (ix) design information, including description of facilities, plant efficiencies, electrical connections to system, and control systems; (x) description of provisions, including devices and operations, for mitigation of the effect of the operation of the facility on air and water quality, for waste disposal, and for noise abatement, and information on other environmental aspects; and (xi) a listing of federal, state, regional, district and municipal agencies from which approvals either have been obtained or will be sought covering the proposed facility, copies of approvals received and the planned schedule for obtaining those approvals not yet received.

(2) On or after December 1, 2004, the filing of an application pursuant to subdivision (1) of this subsection shall initiate the request-for-proposal process, except for an application for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i.

(3) Notwithstanding the provisions of this subsection, an entity that has submitted a proposal pursuant to the request-for-proposal process may initiate a certification proceeding by filing with the council an application containing the information required pursuant to this section, accompanied by a filing fee of not more than twenty-five thousand dollars, which fee shall be established in accordance with section 16-50t, and a municipal participation fee of twenty-five thousand dollars to be deposited in the account established pursuant to section 16-50bb, not later than thirty days after the Connecticut Energy Advisory Board performs the evaluation process pursuant to subsection (f) of section 16a-7c.

Sec. 3. Subsection (a) of section 16-50p of the general statutes, as amended by section 10 of public act 03-140, section 6 of public act 03-221 and section 120 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(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, as amended, 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] The council shall not grant a certificate, either as proposed or as modified by the council, unless it shall find and determine: (1) [A] Except as provided in subsection (c) of this section, a public need for the facility and the basis of the need taking into consideration other feasible and prudent alternatives provided to the council by a party or intervenor that address the same public need; (2) the nature of the probable environmental impact of the facility, or a feasible and prudent alternative provided to the council by a party or intervenor, alone and cumulatively with other existing facilities, including a specification of every significant adverse effect, including, but not limited to, electromagnetic fields that, 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; (3) why the adverse effects or conflicts referred to in subdivision (2) of this subsection are not sufficient reason to deny the application, including why other feasible and prudent alternatives with less adverse effects or fewer conflicts that are provided to the council by a party or intervenor do not address the same public need; (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, if any, of the facility, or a feasible and prudent alternative provided to the council by a party or intervenor, 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 or standards as the council may adopt pursuant to [subsection (a) of] section 16-50t, including, but not limited to, the council's best management practices for electric and magnetic fields for electric transmission lines 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 and are to be contained within an area that provides a buffer zone that protects the public health and safety, as determined by the council. In establishing such buffer zone, the council shall take into consideration, among other things, residential areas, private or public schools, licensed child day care facilities, licensed youth camps or public playgrounds adjacent to the proposed route of the overhead portions and the level of the voltage of the overhead portions and any existing overhead transmission lines on the proposed route. At a minimum, the existing right-of-way shall serve as the buffer zone; (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; and (6) in the case of a facility described in subdivision (6) of subsection (a) of section 16-50i, as amended, that is proposed to be installed on land under agricultural restriction, as provided in section 22-26cc, as amended, that the facility will not result in a material decrease of acreage and productivity of the arable land. 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.

Sec. 4. Subsection (a) of section 16-50p of the general statutes, as amended by section 11 of public act 03-140, section 6 of public act 03-221 and section 120 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004, and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(a) (1) 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.

(2) The council's decision shall be rendered in accordance with the following:

(A) Not later than twelve months after the deadline for filing an application following the request-for-proposal process for a facility described in subdivision (1) or (2) of subsection (a) of section 16-50i, as amended, 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);

(B) Not later than one hundred eighty days after the deadline for filing an application following the request-for-proposal process for a facility described in subdivision (4) of said subsection (a), and an application concerning a facility described in subdivision (3) 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; and

(C) Not later than one hundred eighty days after the filing of an application for a facility described in subdivision (5) or (6) of said subsection (a), provided such time period may be extended by the council by not more than one hundred eighty days with the consent of the applicant.

(3) 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] The council shall not grant a certificate, either as proposed or as modified by the council, unless it shall find and determine:

(A) [A] Except as provided in subsection (c) of this section, public need for the facility and the basis of the need;

(B) The nature of the probable environmental impact of the facility alone and cumulatively with other existing facilities, including a specification of every significant adverse effect, including, but not limited to, electromagnetic fields that, 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;

(C) Why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application;

(D) In the case of an electric transmission line, (i) what part, if any, of the facility shall be located overhead, (ii) 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 (iii) that the overhead portions, if any, of the facility 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 or standards as the council may adopt pursuant to [subsection (a) of] section 16-50t, including, but limited to, the council's best management practices for electric and magnet fields for electric transmission lines 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 and are to be contained within an area that provides a buffer zone that protects the public health and safety, as determined by the council. In establishing such buffer zone, the council shall take into consideration, among other things, residential areas, private or public schools, licensed child day care facilities, licensed youth camps or public playgrounds adjacent to the proposed route of the overhead portions and the level of the voltage of the overhead portions and any existing overhead transmission lines on the proposed route. At a minimum, the existing right-of-way shall serve as the buffer zone;

(E) 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;

(F) In the case of an application that was heard under a consolidated hearing process with other applications that were common to a request-for-proposal, that the facility proposed in the subject application represents the most appropriate alternative among such applications based on the findings and determinations pursuant to this subsection; and

(G) In the case of a facility described in subdivision (6) of subsection (a) of section 16-50i, as amended, that is proposed to be installed on land under agricultural restriction, as provided in section 22-26cc, as amended, that the facility will not result in a material decrease of acreage and productivity of the arable land.

Sec. 5. Subsection (c) of section 16-50p of the general statutes, as amended by section 12 of public act 03-140 and section 1 of public act 03-248, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(c) (1) The council shall not grant a certificate for a facility described in subdivision (3) of subsection (a) of section 16-50i, as amended, either as proposed or as modified by the council, unless it finds and determines [: (A) A] a public benefit for the facility. [; (B) the nature of the probable environmental impact, including a specification of every significant adverse and beneficial effect that, whether alone or cumulatively with other effects, conflicts 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 and wildlife; and (C) why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application. For purposes of subparagraph (A) of this subdivision, a public benefit exists if such a facility is necessary for the reliability of the electric power supply of the state or for a competitive market for electricity. ]

(2) The council shall not grant a certificate for a facility described in subdivision (1) of subsection (a) of section 16-50i, as amended, which is substantially underground or underwater except where such facilities interconnect with existing overhead facilities, either as proposed or as modified by the council, unless it finds and determines [: ]

[(A) A] a public benefit for the facility, in the case of such facility that is substantially underground, and a public need for such facility, in the case of such facility that is substantially underwater, taking into consideration other feasible and prudent alternatives provided to the council by a party or intervenor that address the same public need or public benefit, as applicable. [; ]

[(B) The nature of the probable environmental impact of the facility, or a feasible and prudent alternative provided to the council by a party intervenor, alone and cumulatively with other existing facilities, including a specification of every single adverse and beneficial effect that, whether alone or cumulatively with other effects, 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 purity and fish and wildlife;

(C) Why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application, including why other feasible and prudent alternatives with less adverse effects and fewer conflicts that were provided to the council by a party or intervenor do not address the same public need or public benefit, as applicable;

(D) In the case of a new electric transmission line, (i) what part, if any, of the facility shall be located overhead, (ii) 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 (iii) 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 Energy Regulatory 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 other successor guidelines and any other applicable federal guidelines; and

(E) 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. ]

(3) For purposes of [subparagraph (A) of] this [subdivision] subsection, a public benefit exists if such a facility is necessary for the reliability of the electric power supply of the state or for the development of a competitive market for electricity.

[(3) Any application for an electric transmission line with a capacity of three hundred forty-five kilovolts or more that is filed on or after May 1, 2003, and that proposes the underground burial of such line in all residential areas and overhead installation of such line in industrial and open space areas affected by such proposal shall have a rebuttable presumption of meeting a public benefit for such facility if the facility is substantially underground, and meeting a public need for such facility if the facility is substantially above ground. Such presumption may be overcome by evidence submitted by a party or intervenor to the satisfaction of the council. ]

Sec. 6. Subdivisions (1) and (2) of subsection (c) of section 16-50p of the general statutes, as amended by section 13 of public act 03-140, are repealed and the following is substituted in lieu thereof (Effective October 1, 2004, and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(c) (1) The council shall not grant a certificate for a facility described in subdivision (3) of subsection (a) of section 16-50i, as amended, either as proposed or as modified by the council, unless it finds and determines [: (A) A] a public benefit for the facility. [; (B) the nature of the probable environmental impact, including a specification of every significant adverse and beneficial effect that, whether alone or cumulatively with other effects, conflicts 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 and wildlife; (C) why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application; and (D) in the case of an application that was heard under a consolidated hearing process with other applications that were common to a request-for-proposal, that the facility proposed in the subject application represents the most appropriate alternative among such applications based on the findings and determinations pursuant to this subdivision. For purposes of subparagraph (A) of this subdivision, a public benefit exists if such a facility is necessary for the reliability of the electric power supply of the state or for a competitive market for electricity. ]

(2) The council shall not grant a certificate for a facility described in subdivision (1) of subsection (a) of section 16-50i, as amended, which is substantially underground or underwater except where such facilities interconnect with existing overhead facilities, either as proposed or as modified by the council, unless it finds and determines [: ]

[(A) A] a public benefit for the facility, in the case of such facility that is substantially underground, and a public need for such facility, in the case of such facility that is substantially underwater. [; ]

[(B) The nature of the probable environmental impact of the facility alone and cumulatively with other existing facilities, including a specification of every single adverse and beneficial effect that, whether alone or cumulatively with other effects, 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 purity and fish and wildlife;

(C) Why the adverse effects or conflicts referred to in subparagraph (B) of this subdivision are not sufficient reason to deny the application;

(D) In the case of a new electric transmission line, (i) what part, if any, of the facility shall be located overhead, (ii) 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 (iii) 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 Energy Regulatory 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 other successor guidelines and any other applicable federal guidelines;

(E) 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; and

(F) In the case of an application that was heard under a consolidated hearing process with other applications that were common to a request-for-proposal, that the facility proposed in the subject application represents the most appropriate alternative among such applications based on the findings and determinations pursuant to this subdivision. ]

(3) For purposes of subparagraph (A) of this subdivision, a public benefit exists if such a facility is necessary for the reliability of the electric power supply of the state or for the development of a competitive market for electricity and a public need exists if such facility is necessary for the reliability of the electric power supply of the state.

Sec. 7. Section 16-50p of the general statutes, as amended by section 10 of public act 03-140, section 6 of public act 03-221 and section 120 of public act 03-278, is amended by adding subsection (h) as follows (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(NEW) (h) For a facility described in subdivision (1) of subsection (a) of section 16-50i, as amended, with a capacity of three hundred forty-five kilovolts or greater, there shall be a presumption that a proposal to place the overhead portions, if any, of such facility adjacent to residential areas, private or public schools, licensed child day care facilities, licensed youth camps or public playgrounds is inconsistent with the purposes of this chapter. An applicant may rebut this presumption by demonstrating to the council that it will be technologically infeasible to bury the facility. In determining such infeasibility, the council shall consider the effect of burying the facility on the reliability of the electric transmission system of the state.

Sec. 8. Section 16-50o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(a) A record shall be made of the hearing and of all testimony taken and the cross-examinations thereon. Every party or group of parties as provided in section 16-50n shall have the right to present such oral or documentary evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

(b) For an application on a facility described in subdivision (1) of subsection (a) of section 16-50i, as amended, the council shall administratively notice completed and ongoing scientific and medical research on electromagnetic fields.

[(b)] (c) A copy of the record shall be available at all reasonable times for examination by the public without cost at the principal office of the council. A copy of the transcript of testimony at the hearing shall be filed at an appropriate public office, as determined by the council, in each county in which the facility or any part thereof is proposed to be located.

Sec. 9. Section 16-50o of the general statutes, as amended by section 9 of public act 03-140 and section 8 of this act, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004, and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(a) A record shall be made of the hearing and of all testimony taken and the cross-examinations thereon. Every party or group of parties as provided in section 16-50n shall have the right to present such oral or documentary evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

(b) For an application on a facility in subdivision (1) of subsection (a) of section 16-50i, as amended, the council shall administratively notice completed and ongoing scientific and medical research on electromagnetic fields.

(c) The applicant shall submit into the record the full text of the terms of any agreement, and a statement of any consideration therefor, if not contained in such 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. This provision shall not require the public disclosure of proprietary information or trade secrets.

[(c)] (d) The results of the evaluation process pursuant to subsection (f) of section 19 of [this act] public act 03-140 shall be part of the record, where applicable.

[(d)] (e) A copy of the record shall be available at all reasonable times for examination by the public without cost at the principal office of the council. A copy of the transcript of testimony at the hearing shall be filed at an appropriate public office, as determined by the council, in each county in which the facility or any part thereof is proposed to be located.

Sec. 10. Section 16-50t of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section):

(a) The council shall prescribe and establish such reasonable regulations and standards in accordance with the provisions of chapter 54 as it deems necessary and in the public interest with respect to application fees, siting of facilities and environmental standards applicable to facilities, including, but not limited to, regulations or standards relating to: (1) Reliability, effluents, thermal effects, air and water emissions, protection of fish and wildlife and other environmental factors; (2) the methodical upgrading or elimination of facilities over appropriate periods of time to meet the standards established pursuant to this subsection or other applicable laws, standards or regulations; and (3) the elimination of overhead electric transmission and distribution lines over appropriate periods of time in accordance with existing applicable technology and the need to provide electric service at the lowest reasonable cost to consumers.

(b) The council may adopt regulations or standards in accordance with the provisions of chapter 54, with respect to subdivisions (1) and (2) of subsection (a) of this section. Such regulations or standards shall be in addition to and not in lieu of any regulation or standard adopted by any other state or local agency or instrumentality. No such regulation or standard shall be adopted by the council without one or more public hearings at which members of the public are given adequate opportunity to be heard.

(c) The council shall adopt, and revise as the council deems necessary, standards for best management practices for electric and magnetic fields for electric transmission lines. Such standards shall be based on the latest completed and ongoing scientific and medical research on electromagnetic fields and shall require individual, project-specific assessments of electromagnetic fields, taking into consideration design techniques including, but not limited to, compact spacing, optimum phasing of conductors, and applicable and appropriate new field management technologies. Such standards shall not be regulations for purposes of chapter 54.

[(c)] (d) Expenditures by a utility shall not be considered a necessary and proper expense for the purpose of computing fair net return on invested capital, if such expenditures were incurred (1) for fines, forfeitures and other penalties, including legal fees and other expenses incurred in connection therewith, imposed for failure to comply with any state or federal environmental or pollution standard or (2) in connection with any action described in subsection (a) of section [16-50k(a)] 16-50k prior to issuance of a certificate therefor.

Sec. 11. (NEW) (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section) If legislation adopted on or after January 1, 2004, results in the reconfiguration or burial of a proposed facility described in subdivision (1) of subsection (a) of section 16-50i of the general statutes, all prudent costs incurred by an electric distribution company, as defined in section 16-1 of the general statutes, as amended, associated with the reconfiguration or burial shall be deemed to be reasonable pursuant to sections 16-19 and 16-19e of the general statutes and shall be recovered by the electric distribution company in its rates.

Sec. 12. (Effective from passage and applicable to applications for a certificate of environmental compatibility and public need that was originally filed on or after October 1, 2003, for which the Connecticut Siting Council has not rendered a decision upon the record prior to the effective date of this section) Not later than January 1, 2005, the Connecticut Siting Council shall, in accordance with section 11-4a of the general statutes, submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to energy and the environment, which report shall contain the council's most recent version of its standards for best management practices for electric and magnetic fields for electric transmission lines and a description of the methodology used in selecting such standards.

Approved June 3, 2004