Press Release: 5/9/24
Significant Changes to Regulations Governing the Connecticut Siting Council
by the Connecticut General Assembly Applauded by Town of Fairfield
HB 5507 Passed on May 8 Corrects Regulatory Bias Favoring Utility Companies
Fairfield, CT, May 9, 2024— Yesterday the Connecticut General Assembly took an important step towards correcting regulatory bias currently favoring utility companies with the passage of HB 5507- An Act Concerning State Agency and Court Proceedings Relating to Electric Transmission Lines. HB 5507’s aim of achieving a fairer balance with the needs and rights of Connecticut residents, businesses, and municipalities in matters relating to infrastructure siting, use of land, and construction, if signed into law by Governor Lamont, will be the most significant change to the regulations governing the Connecticut Siting Council (CSC) since its creation in 1981 under Connecticut Public Act 81-369.
“We are grateful for the collaborative effort by members of the State House and Senate that led to the passage of HB 5507,” said Fairfield’s First Selectman Bill Gerber. “Our Administration would like to personally thank Representatives Jennifer Leeper and Senator Tony Hwang of Fairfield, Representative Steven Stafstrom of Bridgeport and Representative Matt Blumenthal of Stamford for their extraordinary work in writing and consolidating different committee versions of this bill, with input from many diverse parties. HB 5507 passed 115 to 29 in the House and 33 to 2 in the Senate.”
“These reforms to the Siting Council will help ensure that the decisions they make regarding our utilities, electric transmission infrastructure, and transmission lines are more informed, comprehensive, transparent, and thoughtful. All communities deserve this,” said Jennifer Leeper (D-Fairfield). “We never could have done this without the incredible leadership from the community. I am so grateful for all the partners who have sacrificed a lot to advocate for a better outcome in our docket and better process in the future. While the Town took the lead on fighting the docket outcome, I am happy that I was successfully able to fight to reform the broken Siting Council process. I also want to thank the Governor’s office for their commitment to working with us to get to a mutually desirable outcome and lastly, my House colleagues Rep. Stafstrom, Rep. Blumenthal, and Rep. Steinberg for their determined commitment to this effort.”
State Senator Tony Hwang (R-Fairfield) said, "The Fairfield, Southport and Bridgeport community has undergone a tumultuous and frustrating process over the last year during the CT Siting Council docket review process and the repercussion of CSC’s recent approval of United Illuminating’s plan to build large electrical transmission lines through Bridgeport and Fairfield. That CSC process showed a lack of transparency and accountability for intervenor rights. The remarkable grassroots leaders and community organizations led and deserve tremendous credit for successfully advocating for this bill’s passage. HB 5507 amends the CSC's review process to ensure all voices are heard and all information is considered and vetted. It expands the ability for intervenors in CSC decisions to obtain judicial review of an order issued. I am thrilled about its passage and encourage Governor Lamont to sign it into law.”
“The Legislature took decisive action to address some of the shortcomings in the Siting Council process based on the unfortunate lessons learned by the City of Bridgeport and Town of Fairfield during the UI monopole debacle,” said Steve Stafstrom (D- Bridgeport), House Chair of the Judiciary Committee. “HB 5507 will provide greater insight and transparency into the process, allow for greater municipal participation, reduce undue influence from the utilities, protect private property and environmental justice communities, and force the Council to consider the economic impact of its decisions. I am proud to have led floor passage and to have worked with my Legislative colleagues and town officials over the past few months to craft the legislation.”
"The Connecticut Siting Council has vital responsibilities—and awesome powers," said State Rep. Matt Blumenthal, (D-Stamford). "For far too long, it has had a reputation for being opaque, imperious, and too cozy with our state's public utilities. These reforms will help ensure that the Council has the independence, procedures, and transparency necessary to properly vet proposed projects and verify they serve our ratepayers and communities. Our state deserves nothing less."
Co-signers and supporters of the bill included Representatives Cristin McCarthy Vahey (D-Fairfield) and Sarah Keitt (D-Fairfield).
The passage of this bill has particular significance for Fairfield and Bridgeport, both of which struggled for months against an application by United Illuminating (UI) to install a 7.3 mile stretch of massive monopoles requiring 19.25 acres of permanent easements on private and public property along the Metro North Railroad (MNR) tracks. In addition to subjecting property owners to material restrictions on use of their land, this UI project would scar both municipalities’ visual landscapes for generations. Some properties owners were not aware of UI’s plans until workers appeared in their backyards marking trees for destruction, highlighting deficiencies in the current notification requirements.
While the CSC recognized the excessive destruction that would be caused by UI’s MNR-South proposal by not voting for it, the CSC nonetheless proceeded to approve an alternative, conceptual route to the north of the railroad tracks for which no detailed designs have been submitted. Property owners along any potential MNR-North route have been denied due process and, depending on UI’s future design, could be facing permanent easements over their properties with no right to defend themselves. In response, the Town of Fairfield, the City of Bridgeport, Sasco Creek Neighbors Environmental Trust, Inc. (SCNETI), the Pequot Library, Southport Congregational Church, as well as several other intervening parties, have filed appeals with the CT Superior Court against this decision by the Siting Council.
“Fairfield’s grassroots organizations have worked tirelessly with our Administration and Mike Smith from the lobbying firm Rome Smith Kowalski to advocate for passage of this bill,” said Gerber. “Their citizen advocacy gave voice to residents and bolstered the role of government in protecting the Town for future generations.”
If signed into law by Governor Lamont, this legislation will strengthen and clarify the Connecticut Siting Council’s requirements for projects submitted by utility companies, including the following:
- More definitive and clear notice to residents regarding project design and impact on abutters
- Automatic intervenor status for impacted residents and businesses
- More weight given to fiscal impact of a project
- More robust financial analysis of proposed project and alternatives
- Access to independent experts
- Municipalities can recoup legal fees if they win appeal
- Increase municipal participation funds for towns
- Requiring any project that takes land to be classified as a modification and not a rebuild
“We all recognize the need for efficient, resilient power infrastructure, but reject the approach taken by utility companies and their regulators who appear to have deprioritized the environment, personal property rights and technology advances that can make their infrastructure less intrusive instead of more,” said Stephen Ozyck, co-founder of SNETI.
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Update 5/8/24:
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Urgent: Scan this QR Code to Email the Governor Today.
Voice your support for Siting Council and Utility Reforms. Important legislation is being voted on in Hartford to change the utility decision-making process of the Connecticut Siting Council, the regulatory agency that gives approval to utilities for siting electric transmission projects. Scan this QR Code to show that you support this urgent reform. 
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TOWN HALL/PUBLIC INFORMATION MEETING
Thursday, May 30, 2024 at 7:30 p.m.
Roger Ludlowe Middle School
689 Unquowa Road
Discussion about United Illuminating plans for monopoles in Fairfield, permanent easements on private property,
current state legislation, the Town's appeal in Superior Court, and what we can do together to preserve our Town.
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Questions about UI's Right of Entry Requests
United Illuminating has informed the Town that UI Land Agents have begun contacting Fairfield residents on the north side of the Metro North Railroad with Right of Entry permission requests, so they can complete their due diligence before beginning their design. The permission grants United Illuminating permission to enter your property with “the necessary persons, vehicles and equipment to conduct geotechnical investigations involving drilling, sampling, and testing the surface and subsurface soil and groundwater of the Property…which may include minor vegetation clearing and grading for access…”
Residents have been reporting phone calls from Cornerstone Energy, a third-party company asking for email addresses so that Right of Entry permission forms can be emailed to property owners. UI has verified that Cornerstone Energy is a subcontractor contacting residents on UI’s behalf. United Illuminating also informed the Town that letters will be sent to north side residents explaining the Right of Entry request and providing additional information.
You can either allow the Right of Entry, or you have the right to refuse entry. The exception to your right to refuse entry is if your property deed shows a UI easement on the land. Here’s how you can check to see if your property contains an easement:
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Go to Searchiqs.com
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Click on FAIRFIELD
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Fill in your last name, first name. DO NOT fill in any other fields, or you’ll limit the search. Everything filed under your name will come up: deeds, mortgages, liens, releases, etc.
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Click on VIEW to read the full document.
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Update March 26, 2024: Press Release
Town of Fairfield Files Appeal in Superior Court
Against Connecticut Siting Council Decision on Monopoles
Fairfield, CT, March 26, 2024--The Town of Fairfield has officially filed an appeal in Superior Court challenging the legality of the Connecticut Siting Council’s decision dated February 16, 2024, granting United Illuminating (UI) a Certificate of Environmental Compatibility and Public Need for the construction of overhead transmission lines along a new route to the north side of Metro-North train tracks, entitled the “Hannon-Morissette Alternative.” The appeal comes after months of Siting Council hearings where the Town and other impacted intervenors repeatedly raised concerns about UI’s plan to install massive monopoles on the south side of the Metro North train tracks and challenged whether there was any need at all for this project.
Throughout the proceedings in Docket 516, the Town argued that UI’s southern overhead design would have caused devastating impacts to the environment and precious religious, cultural, historic and scenic resources in the Town of Fairfield. The Town’s arguments prevailed before the Siting Council, as not one Council member voted in favor of UI’s southern overhead design. However, on February 16, the Council instead approved the Hannon-Morissette Alternative, a double-circuit overhead route to the north side of the tracks. The Council approved this route even though UI never presented a design for that option, and even though UI stated that siting its transmission lines to the north was not viable.
The Town’s appeal raises two main arguments. First, the Town argues that the Siting Council violated its statutory obligation to balance the supposed need for the project with the environmental impact of a route to the north of the railroad tracks. Indeed, UI never submitted any evidence of impacts on the properties abutting the north of the tracks, thereby making it impossible for the Council to engage in this required balancing. Second, the Town argues that the Siting Council violated due process as none of the abutters on the north side of the railroad tracks had any notice of the Hannon-Morissette Alternative, and therefore were deprived of the ability to exercise their right to participate in the hearing and contest this potential route. The Town was also denied its due process rights to contest the merits of the Hannon-Morissette Alternative, as UI never presented a design for this route to the Council. The Town asks the Court to render a judgment vacating the Council’s decision.
Because UI never submitted a design of the Hannon-Morissette Alternative, the Town has no information as to what the pole heights will be, where they will be located, and what the potential impact will be to property owners on the north side of the tracks, including whether UI would require permanent easements over private and Town-owned property.
“We believe that the Siting Council has failed to meet its obligation to satisfy the requirement to balance the alleged public need with the environmental impact, and has done a disservice to our residents,” First Selectman William Gerber said. “There was never any prior notice to any of the abutting property owners to the north of the Metro-North Railroad tracks that UI may be constructing new transmission lines to the north, nor did UI provide any evidence of the impacts of this route, including whether property owners may now be facing permanent easements. This is a blatant due process violation.”
He continued, “We are committed to fight for the rights of our community. Ratepayers as well as residents have a right to understand and weigh in on the impacts of potentially having new giant monopoles erected in their backyards.”
The Town of Fairfield remains steadfast in its commitment to protect the rights of its residents.
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You can read the appeal filed in the Court docket here.
Update March 15, 2024:
In the past few weeks, there have been four separate bills introduced in the state legislature to make changes to the Connecticut Siting Council and approval of electric transmission lines, recognizing the dissatisfaction with the Council’s makeup, decision-making, utility application process, and inadequate resident notification. It is clear that the Council and the process needs significant revisions. Our legislators are raising these bills because they are taking the threats to our community seriously.
Three of the bills—two in the House and one in the Senate—have already held public hearings. Written and oral testimony has been provided on behalf of the Town by First Selectman Bill Gerber and his Chief of Staff as well as by the grassroots organizations fighting the monopoles in Fairfield.
A fourth bill, HB 5507: An Act Concerning State Agency and Court Proceedings Relating to Electric Transmission Lines, has been raised by the Judiciary committee, and will hold a public hearing on March 20 at 10 a.m. in the Legislative Office Building and via Zoom.
HB 5507 seeks to amend a statutory provision relating to the rights of parties and intervenors in proceedings before the Siting Council relating to the construction of electric transmission lines. Read HB 5507 here.
Here is where you can sign up to testify in person, by Zoom, or by written submission. The Town has engaged a lobbyist from the firm of Rome, Smith, Lutz & Kowalski who will be arranging for residents’ testimony. It is critically important for many citizens’ voices to be raised at the hearing, whether in person, providing oral testimony by ZOOM, or by written testimony submission. Registration to provide testimony closes on Tuesday, March 19 at 3 p.m.
HB 5359: An Act Concerning the Composition and Expertise of the Connecticut Siting Council:
A public hearing regarding HB 5359 was held in the Energy and Technology Committee on March 7. This bill makes recommendations to improve the Siting Council, such as allowing the Council to employ independent consultants with expertise in electric transmission infrastructure and preventing any more than one commissioner from having any ties, past or present, to the utilities. Read HB 5359 here
A public hearing regarding SB 198 was held in the Environment Committee on March 8. This Bill addresses the number of persons on the Connecticut Siting Council, and how they are appointed. Four are proposed to be ad hoc members, "three of whom shall be electors from the municipality in which the proposed facility is to be located and one of whom shall be an elector from a neighboring municipality likely to be most affected." It also defines that the Council must solicit written comments from a number of Departments and public authorities. Finally, it outlines exactly how property abutters and the general public should be notified of any new applications. Read SB 198 here.
HB 5453: An Act Concerning the Membership and Processes of the Siting Council:
A public hearing regarding HB 5453 was held in the Government Administration and Elections Committee on March 13. The bill seeks to make changes to the membership of the CSC; require additional cost-benefit analysis and information concerning related projects for proposed facilities; require additional notifications to the owner of property; and make additional revisions to the process for granting applications for a certificate. Read HB 5453 here.
State Representative Jennifer Leeper at 860-240-8585 or email her at Jennifer.Leeper@cga.ct.gov.
State Senator Tony Hwang at 860-240-8871 or email him at Tony.Hwang@cga.ct.gov
State Representative Cristin McCarthy-Vahey at 860-240-8585 or email her at Cristin.McCarthyVahey@cga.ct.gov
State Representative Sarah Keitt at 860-240-8585 or email her at Sarah.Keitt@cga.ct.gov
On Thursday, February 15, the Connecticut Siting Council voted to issue a Certificate to United Illuminating for the Hannon-Morrissette Alternative, which would move the monopoles from the south side of the railroad tracks to the north side in a “double circuit” design. UI has acknowledged that there is no plan or design yet for this route. Watch a short Ch 12 video about the plan here. You can find the brief decision here:
D516_DO_preSecondMtg_final_a.pdf (ct.gov)
According to letters currently being distributed to homes north of the railroad tracks, United Illuminating has said the following:
"Over the next 12-24 months, UI will be working to obtain clarity in the following areas:
Engineering
- Re-evaluating and measuring the physical constraints applicable to the design
- Evaluating and designing the new alternative
- Conducting due diligence surveys and geotechnical investigations
- Creating and submitting for approval to the Connecticut Siting Council, the Development Management (D&M) Plan which will describe methods and manner of construction for the Project
- Evaluating land management scope for new alternative design
- Identifying the temporary Environmental & Permitting
- Determining wetland impacts and potentially affected species to ensure their protection
- Identifying historical and cultural resources
- Working with state and federal agencies on required permitting
- Maintaining proactive and ongoing communication with all impacted stakeholders
- Providing stakeholders with Outreach contact information for their questions or concerns
- Maintaining a project website
- Meetings with stakeholders and municipal leaders
The Town's position is that we still believe that undergrounding is the best solution, instead of a 19th century solution to a 21st century problem. Connecticut Siting Council’s decision will not split the Town by moving the poles to the north side of the tracks from the south side. The decision to approve the project was made without critical information necessary to the Town, including the number of permanent easements necessary, the number of poles, the poles’ heights, and other concerns. We continue to evaluate legal options and will keep you posted.
Update 2/16/24:
On Thursday, February 15, the Connecticut Siting Council voted to issue a Certificate to United Illuminating for the Hannon-Morrissette Alternative, which would move the monopoles from the south side of the railroad tracks to the north side in a “double circuit” design. UI has acknowledged that there is no plan or design yet for this route. Four Council members voted in favor, one opposed, and two abstained.
This approval does a grave disservice to the Town and its residents. The Siting Council made a decision and voted with no information as to what the pole heights will be, where the poles will be located, and what the potential impacts will be. Since UI has not yet designed this alternative route, property owners to the north could be facing significant impacts on their properties without any due process rights.
The move to the north side was never suggested by any member of the grassroots organizations that have been actively working to fight this project. The Siting Council’s move from south to north cannot divide the Town in our unified opposition to this project. We continue to believe that undergrounding is the best option. We are discussing an appeal with the Town's legal team.
United Illuminating contacted the Town immediately after the meeting with this statement:
“Now that the Connecticut Siting Council (CSC) has issued their draft decision and order, starting Monday, 2/19/24, UI staff will proactively be going door-to-door distributing Fairfield to Congress Project information updates to residents and businesses abutting the north side of the CTDOT tracks. Brief project informational sheets will be inserted into clear plastic bag door hangers to provide a status update of the Project based on the recent CSC decision.
UI will be spending the next several months redesigning and engineering the new approved route. Therefore, UI will not have any specific project information about pole locations, heights, or easements at this time. However, we are committed to providing the community with transparent and timely information as it becomes available. At which time new land surveys, Geotech borings, and due diligence efforts in the area become necessary, we will proactively alert the Town as well as all impacted residents and businesses.
UI representatives will display company ID badges and branded hard hats for easy identification."
How You Can Get Involved:
It is still very important to email Governor Lamont with your opposition to this project. You can email the governor here.
If you would like to remain up to date on all details of the proposed monopoles plan and be a critical part of the grass-roots opposition, please fill out a membership form for Empowering Fairfield here.