Substitute House Bill No. 5754

Public Act No. 00-93

An Act Encouraging Fuel Cell Technology.

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

Subsection (a) of section 16-50k of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as provided in subsection (b) of section 16-50z, no person shall exercise any right of eminent domain in contemplation of, commence the preparation of the site for, or commence the construction or supplying of a facility, or any modification of a facility, that may, as determined by the council, have a substantial adverse environmental effect, in the state without having first obtained a certificate of environmental compatibility and public need, hereinafter referred to as a "certificate", issued with respect to such facility or modification by the council, except fuel cells with a generating capacity of ten kilowatts or less which shall not require such certificate. Any facility with respect to which a certificate is required shall thereafter be built, maintained and operated in conformity with such certificate and any terms, limitations or conditions contained therein. Notwithstanding the provisions of this subsection, the council shall, in the exercise of its jurisdiction over the siting of generating facilities, approve by declaratory ruling (1) the construction of a facility solely for the purpose of generating electricity other than an electric generating facility that uses nuclear materials or coal as fuel, at a site where an electric generating facility operated prior to July 1, 1998, and (2) the construction or location of any fuel cell, unless the council finds a substantial adverse environmental effect.

Approved May 26, 2000