Bill Text: CT SB00814 | 2013 | General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act Concerning Intervention In Permit Proceedings Pursuant To The Environmental Protection Act Of 1971.

Spectrum: Slight Partisan Bill (Democrat 6-1-1)

Status: (Passed) 2013-06-24 - Signed by the Governor [SB00814 Detail]

Download: Connecticut-2013-SB00814-Comm_Sub.html

General Assembly

 

Substitute Bill No. 814

    January Session, 2013

 

*_____SB00814ENV___050213____*

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. Subsection (a) of section 22a-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(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 that the proceeding or action for judicial review involves conduct which has, or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state. For purposes of this section, "judicial review" means an appeal of a decision that is taken by a party to the administrative, licensing or other proceeding or by a person aggrieved by such decision, and "reviewing authority" means the board, commission or other decision-making authority in any administrative, licensing or other proceeding or the court in any judicial review.

(2) The verified pleading shall: (A) Contain specific factual allegations setting forth the nature of the alleged unreasonable pollution, impairment or destruction of the public trust in air, water or other natural resources of the state, and (B) state the material facts upon which the intervention is based in sufficient detail to allow the reviewing authority to determine from the face of the pleading whether the intervention implicates an issue within the reviewing authority's jurisdiction.

(3) In any administrative, licensing or other proceeding to which statutory deadlines apply, the verified pleading shall be filed within the requirements of any statutory deadlines applicable to the acceptance of evidence, testimony or legal argument, except that a verified pleading may be filed (A) not later than fifteen days after an applicant in an administrative, licensing or other proceeding submits a final modified application to a reviewing authority, or (B) prior to the time a reviewing authority issues a decision on an application in an administrative, licensing or other proceeding, whichever is earlier. For any judicial review, a verified pleading shall be filed within the deadlines that apply to such filings.

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

Section 1

October 1, 2013

22a-19(a)

PD

Joint Favorable Subst.

 

ENV

Joint Favorable

 
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