Substitute Senate Bill No. 1147, Public Act No. 23-202, is an act that amends the Environmental Justice Program of the Department of Energy and Environmental Protection, effective October 1, 2023. The bill introduces definitions for terms such as "environmental justice community," "affecting facility," and "meaningful public participation," and specifies what constitutes a "community environmental benefit agreement." It mandates that applicants for permits or certificates for facilities that may impact environmental justice communities must file an assessment of environmental or public health stressors and a meaningful public participation plan. These plans must be approved before any application can be filed, and the bill exempts applicants for expanded permits from filing an assessment until regulations are adopted. The bill also outlines the requirements for a public participation report, including an affidavit of compliance and responses to public comments.

The bill requires that applicants for new facilities provide extensive notification and public participation opportunities, including posting signs in multiple languages, notifying local and state officials, and using electronic media. Applicants must also send notices of informal public meetings to households within a half-mile radius at least thirty days prior to the meeting, and they must facilitate meaningful public participation at these meetings. A public participation report must be submitted within thirty days of the meeting, and the Department of Energy and Environmental Protection or the Connecticut Siting Council cannot take action on the application earlier than sixty days after the meeting or the approval of the public participation report, whichever is earlier. The bill also allows for the assessment of a reasonable fee to cover costs associated with these requirements. Additionally, the bill stipulates that applicants must enter into a community environmental benefit agreement with the municipality if there are five or more affecting facilities in the municipality at the time of application, and the Commissioner of Energy and Environmental Protection cannot issue a notice of tentative determination regarding a new or modified permit unless the applicant has submitted a copy of the executed agreement. The bill was approved on June 29, 2023.

Statutes affected:
Raised Bill:
ENV Joint Favorable Substitute:
File No. 563:
APP Joint Favorable:
Public Act No. 23-202: