Environment Committee
Planning and Development Committee
AN ACT PROHIBITING THE ACQUISITION OR USE OF CERTAIN PARCELS OF LAND AS ASH RESIDUE DISPOSAL AREAS AND CONCERNING THE OPERATION OF A FOOD-WASTE-TO-ENERGY PLANT
SUMMARY: This act prohibits the Connecticut Resources Recovery Authority (CRRA) or any other person or entity, regardless of any law to the contrary, from condemning, buying, leasing, accepting, taking title to, otherwise acquiring, or using certain parcels of land in the towns of Franklin and Windham for an ash residue disposal site.
It also prohibits the (1) Connecticut Siting Council from issuing a certificate of environmental compatibility and public need for, and (2) Department of Environmental Protection (DEP) commissioner from issuing a solid waste permit to build or operate, a food-waste-to-energy plant in a distressed municipality of more than 100,000 people where there is a liquefied natural gas storage facility of between 10 million and 15 million gallons and a combustion turbine power plant of less than 100 megawatts, if the proposed plant would be within two miles of one or more university regional campuses; hospitals; performing arts centers; churches; and schools, including magnet schools. Waterbury appears to be the only municipality that meets these criteria.
EFFECTIVE DATE: Upon passage
AFFECTED PARCELS IN FRANKLIN AND WINDHAM
Franklin
The act prohibits CRRA, or any other person or entity, from acquiring, for use as an ash residue disposal site, any part of a 575-acre parcel identified on the following Franklin Tax Assessor's Property maps, dated October 1, 2004: Lots 5 to 17, inclusive, on Map 1; Lots 3, 5, and 6 on Map 2; and Lot 2 on Map 4.
Windham
The act prohibits CRRA, or any other person or entity, from acquiring, for use as an ash residue disposal site, any part of a Windham parcel adjacent to the specified Franklin site, and identified as Lots 4a, 5, and 6 in Block 211 on Windham Tax Assessor's Map 6-13, dated August 24, 2001.
BACKGROUND
Related Laws
CGS § 22a-276 authorizes CRRA to condemn certain real property. CGS § 22a-285a authorizes CRRA, regardless of state law or municipal charter, to establish up to four ash residue disposal sites in the state.
Related Court Case
The Connecticut Supreme Court has decided that a 1997 public act (PA 97-300, § 2) violated a waste management company's equal protection rights under the state constitution because its sole purpose was to prevent the construction of a volume reduction plant in Stamford (City Recycling, Inc. v. Connecticut, 257 Conn. 429, (2001)). Section two of the 1997 act prohibited the DEP commissioner from permitting establishment or construction of a new volume reduction plant or transfer station within one-quarter mile of a child day care center in a municipality with more than 100,000 people. The decision noted that the trial court had found it highly probable local authorities would have approved the plant's construction if not for PA 97-300.
Certificate of Environmental Compatibility and Public Need
By law, a certificate is needed to build or modify fuel pipelines, electric transmission lines, and electric generating plants and substations, as well as certain other facilities (CGS § 16-50k).
Distressed Municipality
The economic and community development commissioner annually designates distressed municipalities based on demographic need and economic indicators (CGS § 32-9p (b)).