Bill Text: CT SB00343 | 2012 | General Assembly | Comm Sub


Bill Title: An Act Concerning Intervention In Permit Proceedings Pursuant To The Environmental Protection Act Of 1971.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-04-19 - Favorable Report, Tabled for the Calendar, Senate [SB00343 Detail]

Download: Connecticut-2012-SB00343-Comm_Sub.html

General Assembly

 

Substitute Bill No. 343

    February Session, 2012

 

*_____SB00343JUD___041912____*

AN ACT CONCERNING INTERVENTION IN PERMIT PROCEEDINGS PURSUANT TO THE ENVIRONMENTAL PROTECTION ACT OF 1971.

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

Section 1. Section 22a-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) (1) In any administrative, licensing or other proceeding, and in any judicial review thereof made available by law, the Attorney General, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity may intervene as a party on the filing of a verified pleading [asserting] alleging that the proceeding or action for judicial review involves conduct [which has, or which] that will, or that is reasonably likely to, [have, the effect of unreasonably polluting, impairing or destroying] unreasonably pollute, impair or destroy the public trust in the air, water or other natural resources of the state and containing a sworn statement of the material facts upon which the pleader relies in making such allegation.

(2) The verified pleading shall: (A) State with specificity the nature of the alleged pollution, impairment or destruction; (B) include the names of all persons filing the verified pleading, including, in the case of a partnership, corporation, association, organization or other legal entity, the names of all individuals filing the verified pleading on behalf of such partnership, corporation, association, organization or other legal entity; and (C) disclose the names of the primary individuals and all legal entities funding the intervention if such pleading is filed by or on behalf of a partnership, corporation, association, organization or other legal entity whose business, commercial or industrial interests are at issue in such proceeding or action for judicial review.

(b) In any administrative, licensing or other proceeding, the agency shall consider the alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state and no conduct shall be authorized or approved which does, or is reasonably likely to, have such effect as long as, considering all relevant surrounding circumstances and factors, there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety and welfare.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2012

22a-19

PD

Joint Favorable Subst.

 

JUD

Joint Favorable

 
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